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HomeMy WebLinkAbout114 - 09/17/1996 - AMENDING CITY CODE PERTAINING TO CAMPAIGN CONTRIBUTION LIMITS ORDINANCE NO. 114, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 7-127 OF THE CITY CODE PERTAINING TO CAMPAIGN CONTRIBUTION LIMITS WHEREAS, Section 7-127 of the City Code imposes a fifty dollar($50)limit on the amount of contributions or contributions in kind which any person or entity may make in support of or in opposition to any candidate on the ballot in any City elections; and WHEREAS,the foregoing limit applies only to contributions or contributions in kind made directly to the candidate,to a political committee, or to third-parties at the request of or with the prior knowledge of the candidates; and WHEREAS, the legislative intent of this provision is to exempt bona fide "independent expenditures" made by persons or entities in view of the fundamental constitutional difference between money spent to advertise one's own views independently of a candidate's campaign and money contributed to the candidate to be spent on the campaign; and WHEREAS, the absence of prearrangement and coordination between an expenditure and a particular candidate alleviates the risk that such expenditures will be given as a quid pro quo for improper commitments from the candidate and alleviates the need for a monetary limit to be placed upon such independent expenditures; and WHEREAS, the Council believes that certain other changes should also be made to Section 7-127 to clarify the purpose and intent of the limitation imposed by such section. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 7-127 of the City Code is hereby amended so as to read in its entirety as follows: Sec. 7-127. Limits. (a) No person may make contributions or contributions in kind in excess of fifty dollars ($50.) to any candidate or any authorized political committee of such candidate. . This limitation shall apply to all contributions or contributions in kind, whether made directly to a candidate or authorized political committee or indirectly via earmarked gifts passed through an intermediary, except that this limitation shall not apply to: (1) contributions or contributions in kind made by a candidate to his or her own political committee; (2) independent expenditures made by any person without the cooperation or authorization of, or consultation with, the candidate, an authorized political committee of the candidate, or an agent of the candidate, and which are not made in concert with, or at the request or suggestion of, the candidate, an authorized political committee of the candidate, or an agent of the candidate; or (3) monetary loans that are: (a)personally guaranteed in writing by the candidate, the candidate's immediate family, or a business entity in which the candidate owns at least five percent (5%); or (b) secured by real or personal property owned by the candidate, the candidate's immediate family, or a business entity in which the candidate owns at least five percent (5%); or (4) the value of volunteer services provided without compensation by individuals volunteering their time on behalf a candidate or a political committee. b. For the purposes of this section,the following definitions shall apply: Candidate shall mean any person who seeks election to the office of mayor or councilmember at any city election. A person is a candidate if the person has publicly announced an intention to seek such election,or has filed nominating petitions for the office of mayor or councilmember or has been chosen to fill any vacancy in the office of mayor or councilmember. Contribution shall mean any payment, gift, or pledge of money or any loan not meeting the requirements of Section 7-127(a)(2), or any guarantee of a loan, made for the purpose of influencing the nomination, retention, election or defeat of any candidate on the ballot at any city election. "Contribution" shall include the transfer of any money between one political committee and another; the payment of any money by any person, other than the candidate or an authorized political committee of the candidate, for political services rendered to the candidate or an authorized political committee of the candidate; and any payment made after an election to meet any deficit or debt incurred by the candidate or an authorized political committee of the candidate during the course of the candidate's campaign. Contribution in kind shall mean a gift of any item of real or personal property,other than money. "Contribution in kind" shall not include an endorsement of candidacy by any person. In determining the value to be placed on contributions in kind, a reasonable estimate of fair market value shall be used. 2 Political committee shall mean any two or more persons who are elected, appointed or chosen or who have associated themselves or cooperated for the purpose of accepting contributions or contributions in kind or making expenditures to support or oppose the election of a candidate. Authorized political committee shall mean the principal campaign committee of a candidate or any other political committee authorized to receive contributions or make expenditures on behalf of such candidate. Person shall mean any individual, partnership, committee association, corporation, labor organization or other organization or group of persons. Introduced, considered favorably on first reading, and ordered published this 3rd day of September, A.D. 1996, and to be presented for final pass�-rt the 17th day epterhber, A.D. 1996. Mayor ATTEST: City Clerk��— Passed and adopted on final reading this 17th day of Sept ber, A.D. 1996. Mayor ATTEST: �1" S��-.,a City Clerk 3