HomeMy WebLinkAbout07 - ELECTIONS
.
.
~.
.
.
Sec. 7M!.
Sec. 7-2.
Sec. 7-3.
Sec. 7-4.
Sec. 7-5.
Sec. 7-6.
Sec. 7-7.
Sec. 7-8.
Sec. 7-9.
See. 7-10.
Sec. 7-11.
Sec. 7-12.
Sec. 7-13.
See. 7-14.
See. 7-15.
Sec. 7-16.
Sec. 7-17.
Sec. 7-18.
Sec. 7-19.
Sec. 7-20.
Sec. 7-21.
Sec. 7-22.
Sec. 7-23.
Sec. 7-24.
Sec. 7-25.
Sec. 7-26.
Sec. 7-27.
Sec. 7-28.
Sec. 7-29.
Chapter 7
ELECTlONS*
Article I. General
Municipal and Uniform Election Code adopted; exceptions.
Residency requirement for city offices.
Ballots.
Reimbursement of expenses.
Article n. Candidate Conduct
Presence at polling places restricted; activities and statements.
intended to influence voters prohibited; application to poll watch~
era.
False statements relating to candidates or questions submitted to
electors; penalty.
Violations; penalty.
Article m. Code of Ethics
Title; purpose.
Legislative declaration.
Definitions.
Applicability of article.
Filing; where to file; timeliness.
Candidate affidavit; disclosure statement.
Organization of political committees.
Deposit of contributions.
Reports; certification and filing.
Unexpended contributions and expenditure deficits.
Reporting requirements; persons.
Campaign contnbution limits.
Limitations; cash contributions.
Expenditures in cash; limited.
Duties of the city clerk.
City clerk; additional duties.
Limitations on contribution by city government.
Campaign funds; use restricted.
Expenditures; political advertising; rates and charges.
Encouraging withdrawal from campaign prohibited.
Write-in candidate affidavit.
Disclosure of conflicts of interest.
*Editor's note-Ord. No. 1995-1006, ~ 1, adopted Aug. 14, 1995, repealed former Ch. 7, which contained similar subject matter
and was derived from Code 1977, ~ 5A-l and from the following ordinances:
Ord. No.
Sec.
Date
Ord. No.
1993-929
1993-930
1994-977
1995-1000
Sec. Date
1 6-14-93
1 6-28-93
1,2 9-13-94
1 4-24-95
1987-732 1 10-12-87
1988-768 4(5A-25).(5A-26) 6-27-88
1990-851 1-3 11-26-90
1991-883 1-6 12- 9-91
1991-886 1 12-23-91
In addition, Ord. No. 1995-1006 enacted provisions set out as a new Ch. 7.
Charter reference-Elections, ~ 2.1 et seq.
Cross reference-Officers and employees generally, ~ 2-21 et seq.
State law reference-Municipal election code, C.R.S. ~ 31-10-101 et seq.
Supp. No. 16
455
Supp. No. 16
Sec. 7-30.
See. 7-31.
See. 7-32.
See. 7-33.
Sec. 7-34.
See. 7-35.
WHEAT RIDGE CITY CODE
.
Disclosure of real property; business interests.
Penalty; affirmative defense.
Reimbursement for contributions prohibited.
Annual review.
.
Article IV. Recount
Automatic recount.
Other recounts or contests.
.
.
.
456
.
.
.
.
.
ELECTIONS
ARTICLE I. GENERAL
Sec. 7.1. Municipal and Uniform Election
Code adopted; exceptions.
(a) Except as otherwise provided by charter or
ordinance, the Colorado Municipal Election Code
of 1994, as the same presently exists or as may be
in the future amended, is hereby adopted by the
city and shall govern the conduct of all elections
held within the city.
(b) C.R.S. 1-1-102 et seq., also known as the
"Uniform Election Code," as the same presently
exists or as may in the future be amended, is
hereby adopted by the city as the provisions of
that code apply to elections held within the city;
provided, however, that the city council may,
where allowed by law, adopt ordinances which
specifically exclude or supersede the provisions of
the Uniform Election Code.
(c) The provisions of the Fair Campaign Prac-
tices Act, 1-45-101 et seq., C.R.S., are superseded
by this chapter.
(Ord. No. 1995-1006, ~ 1, 8-14-95; Ord. No. 1997:
1074, ~ 1, 4-14-97)
Sec. 7.2. Residency requirement for city of.
fices.
Every registered elector eighteen (18) years of
age or older on the date of the election may be a
candidate and hold elective office in the city if he
has resided in the city and district, as the case
may be, from which he is to be elected for a period
of at least twelve (12) consecutive months imme-
diately preceding the date of the election. In case
of an annexation, any person who has resided
within the territory annexed for the prescribed
time shall be deemed to have met the residence
requirements for the city and precinct to which
the territory was annexed. No person may be a
candidate for two (2) city offices at the same
election nor hold two (2) elective city offices simul-
taneously. In the event that city council district
boundary lines are changed, a prospective
councilmember shall be eligible to run from the
newly defined district if he has be,m a resident of
the city and the district from which he is to be
Supp. No. 21
~7-5
elected for a period of at least twelve (12) consec-
utive months immediately preceding the date of
election.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-3. Ballots.
(a) The names of all candidates for each elec-
tive municipal office within the city shall appear
upon the ballot in alphabetical order.
(b) Election by mail ballot shall be allowed in
any election for which the city council determines,
by motion or resolution at least ninety (90) days
prior to such election, that such ballot is autho-
rized. When election by mail ballot is held, the
city shall comply with all provisions of the "Mail
Ballot Election Act," C.R.S. 1-7.5-101 et seq.
(Ord. No. 1995-1006, ~ 1,8-14-95)
Sec. 7-4. Reimbursement of expenses.
No officer who is not recalled sha1l be entitled
to reimbursement of expenses incurred in defend-
ing against the recall.
(Ord. No. 1995-1006, ~ 1,8-14-95)
ARTICLE II. CANDIDATE CONDUCT
Sec. 7.5. Presence at polling places reo
stricted; activities and statements
intended to influence voters pro-
hibited; application to poll watch-
ers.
No candidate for office, nor any member of his
family, nor any member of any political committee
(as defined in section 7-10 of this Code of Laws),
working on behalf of or opposed to any such
candidate or issue shall be or remain within a
polling place during the course of an election day
except when such person is voting. During the
time such person, whether a candidate, a member
of the candidate's family, or a member of a polit-
ical committee supporting or opposing a candi-
date or issue, is present at the polling place, such
person shall be prohibited from engaging in activ-
ities or making of statements which are intended
to induce a person to cast a ballot in favor of or
opposed to said candidate or issue. This provision
shall not be applied so as to preclude appointment
457
~ 7-5
WHEAT RIDGE CITY CODE
of and performance of duties by those poll watch-
ers designated and authorized by C.R.S. 31-10-
602. Electioneering shall be prohibited within one
hundred (100) feet of the polling place.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-6. False statements relating to candi-
dates or questions submitted to elec-
tors; penalty.
(a) No person shall knowingly make, publish
or circulate or cause to be made, published or
circulated in any letter, circular, advertisement or
poster or in any other writing any false statement
designed to affect the vote on any issue submitted
to the electors at any election or relating to any
candidate for election to public office_
(b) Any person who knowingly violates this
section commits a class 2 misdemeanor and, upon
conviction thereof, shall be punished as provided
in section 1-5 of this Code.
(Ord. No. 1995-1006, ~ 1,8-14-95)
Sec. 7-7. Violations; penalty.
Any person, political committee or entity vio-
lating any of the provisions of this chapter shaIl
be guilty of misdemeanor and upon conviction
thereof shall be subject to the penalties set forth
in section 1-5 of this Code.
(Ord. No. 1995-1006, ~ 1, 8-14-95; Ord. No. 1998-
1120, ~ 5, 6-8-98)
ARTICLE m. CODE OF ETHICS
Sec. 7-8. Title; purpose.
This article shall be known and cited as the
"Wheat Ridge Code of Ethics for Municipal Elec-
tions_" The purpose of this article shall be to
establish standards of conduct and to set forth
gnidelines for disclosure of pertinent information
by candidates for elected municipal office and by
political committees.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-9. Legislative declaration.
The city council hereby finds and declares that
the interests of the people of this city can be
Supp. No. 21
better served through a more informed public;
.that the trust of the people is essential to repre-
sentative government; and that public disclosure
and regulation of certain campaign practices will
serve to increase the people's confidence in their
elected officials. Therefore, it is the purpose of
this article to promote public confidence in gov-
ernment through a more informed electorate.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-10. Definitions.
As used in this chapter, unless the context
otherwise requires:
(1) Campaign treasurer means the treasurer
of any candidate for nomination, reten-
tion or election or the treasurer of any
political committee. A candidate may ap-
point himself as campaign treasurer.
(2) Candidate means any person who:
a. Seeks election to any public office
which is to be voted for in this city at
any election. A person is a candidate
for election if the person has filed
nominating petitions for public office
in a nonpartisan election, or has
been chosen to fill any vacancy.
b. Is an incumbe.nt and still has an
unexpended balance of contributions
or a debt or deficit and who receives
contributions or contributions in kind.
(3) "City clerk" means the city clerk of the
City of Wheat Ridge, Colorado, who is the
custodian of the official records of the city,
or any person delegated by the city clerk
to exercise any part of his powers, duties
or functions. "City clerk" shall also in-
clude the term "municipal clerk." Refer-
ence herein to the office of the city clerk
shall mean the physical location in a
public building of the city clerk's office.
(4) Contribution means:
a. A gift, loan, pledge or advance of
money or a guarantee of a loan made
to or for any candidate or political
committee for the purpose of influ-
458
.
e
.
e
.
ELECTIONS
.
encing the passage or defeat of any
issue or the retention, election or
defeat of any candidate;
b. A transfer of any money between one
political committee and another;
c. The payment of any money by any
person, other than a political com-
mittee working on a candidate's be-
half, for political services rendered
to the candidate or political commit-
tee;
d. Any payment made to third parties
at the request of or with the prior
knowledge of a candidate, political
committee or agent of either;
e. Any payment made after an election
to meet any deficit or debt incurred
during the course of the campaign.
"Contribution" does not include services
provided without compensation by indi-
viduals volunteering their time on behalf
of a candidate or political committee. Any
transfer of money between political com-
mittees is an expenditure by the political
committee which dispenses the money
and is a contribution to the political com-
mittee which receives the money.
(5) Contribution in kind means a gift; or loan
of any item of real or personal property,
other than money, made to or for any
candidate or political committee for the
purpose of influencing the passage or de-
feat of any issue or the nomination, reten-
tion, election or defeat of any candidate.
Personal services are a contribution in
kind by the person paying compensation
therefor; volunteer services are not in-
cluded. "Contribution in kind" does not
include an endorsement of candidacy . or
issue by any person. In determining the
value to be placed on contributions in
kind, a reasonable estimate offair market
value shall be used.
(6) Day means a calendar day. When the
deadline for any act required by this chap-
ter falls on a Saturday, Sunday or legal
holiday, the period shall be deemed ex-
e
.
e
.
Supp. No. 21
459
97-10
tended to the close of business on the next
day which is not a Saturday, Sunday or
legal holiday.
(7) Election means any general or any elec-
tion at which an issue is submitted to the
electorate as required or permitted by
law. "Election" includes a recall election
held pursuant to law, and also includes
elections for initiative and referendum.
(8) Electioneering means engaging in activi-
ties or making statements which are in-
tended to induce a person to cast a ballot
in favor of or opposed to a candidate or
issue at an election.
(9) Expenditure means the payment, distri-
bution, loan or advance of any money or
contribution in kind by any candidate,
political committee, or agent of either for
the purpose of influencing the passage or
defeat of any candidate or issue.
"Expenditure" does not include services
provided without compensation by any
candidate or political committee or expen-
ditures from the candidate's own funda
for his personal or family activities. An
expenditure occurs when the actual pay-
ment is made or when there is a contrac-
tual agreement and the amount is deter-
mined.
"Independent expenditure" means an ex-
penditure by a person or campaign trea-
surer;
a. Advocating the election or defeat of a
clearly identified candidate which is
made without the cooperation or au-
thorization of or consultation with
the candidate, the candidate's polit-
ical committee or an agent of the
candidate, and which is not made in
concert with, or at the request or
suggestion of, the candidate, the
candidate's political committee, or
an agent of the candidate, the
candidates's political committee, or
an agent of the candidate; or
b. Seeking to influence the passage or
defeat of any issue which is to be
~ 7-10
WHEAT RIDGE CITY CODE
submitted to the electors which is
made without the cooperation or au-
thorization of or consultation with
the political committee supporting
or opposing such issue, and which is
not made in concert with, or at the
request or suggestion of, such polit-
ical committee.
(10) Issue means any proposition or initiated
or referred measure which is to be sub-
mitted to the electors for their approval or
rejection.
(11) Person means any individual, partner-
ship, committee, association, corporation,
labor organization, or other organization
or group of persons.
(12) Political committee means any two (2) or
more persons who are elected, appointed
or chosen or who have associated them-
selves or cooperated for the purpose of
accepting contributions or contributions
in kind or making expenditures to sup-
port or oppose a candidate for public office
at any election or seek to influence the
passage or defeat of any issue. "Political
committee" also includes a separate polit-
ical education or political action fund or
committee which is associated with an
organization or association formed princi-
pally for some other purpose and includes
an organization or association formed prin-
cipally for some other purpose insofar as
it makes contributions or contributions in
kind or expenditures but shall not include
a single individual, partnership, commit-
tee, association, corporation, labor organi-
zation or other organization or group solely
making contributions or contributions in
kind to support or oppose a candidate for
public office or to influence the passage or
defeat of any issue at any election.
(13) Polling place means the building or struc-
ture designated as an official location for
the casting of ballots in an election. For
the purpose of measuring the one hundred-
foot limit imposed by section 2-5, "polling
place" shall include the exterior walls of
said building or structure.
Supp. No. 21
(14) The terms "information," "statement," "af-
fidavit," "chaIIenge/' "protest, II "objec~
tion," "opinion," "question" and any other
synonyms shall be acceptable to the city
clerk as equivalent and permissible words.
(Ord. No. 1995-1006, ~ 1,8-14-95; Ord. No. 1997-
1074, ~ 2, 4-14-97)
Sec. 7-11. Applicability of article.
(a) The provisions of this article shall apply to
any elected office or any election upon any issue
within the city, but the City of Wheat Ridge, a
home rule municipality, may adopt ordinances or
charter provisions with respect to its local elec-
tions.
(b) Failure to comply with the provisions of
this article in any respect shall have no effect on
the validity of any election, issue, statewide issue
or bonds issued pursuant to law; except that the
penalty provided in section 7-31 for a candidate
shall still apply.
(Ord. No. 1995-1006, ~ 1,8-14-95; Ord. No. 1998-
1120, ~ 12, 6-8-98)
Sec. 7.12. Filing; where to file; timeliness.
(a) For the purpose of meeting the filing re-
quirements of this article, candidates for elected
municipal office or political committee shall file
all required filings in the office of the city clerk.
(b) Reports required to be filed by this article
shall be deemed timely filed if received by the city
clerk not later than 5:00 p.m., local time, on the
designated day for filing.
(c) Any political committee in support of or in
opposition to any issue which receives during any
calendar year contributions or contributions in
kind not exceeding, in the aggregate, fifty dollars
($50.00) or which makes expenditures which do
not exceed, in the aggregate fifty dollars ($50.00)
shall not be subj ect to the reporting provisions of
460
.
.
.
e
.
.
.
.
.
.
ELECTIONS
this article. The provisions of this subsection (c)
shall not exempt any political committee from the
requirements of section 7-16.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-13. Candidate affidavit; disclosure
statement.
When any individual becomes a candidate,
such individual shall certify, by affidavit filed
with the city clerk within ten (10) days of his
becoming a candidate, as defined at section 7-10(2)
hereof, that he is familiar with and understands
the provisions of this article. Any contributions or
expenditures received or made in behalf of the
candidacy of such individual prior to the filing of
such affidavit shall be reported in the first report-
ing period, and such report shall include the
information required under section 7-15. Nothing
in this section shall prohibit an individual from
filing such affidavit prior to the time he becomes
a candidate. Failure of any person to file an
affidavit as required by this section shall result in
the disqualification of such person as a candidate.
(Ord. No. 1995-1006, ~ 1,8-14-95)
Sec. 7-14. Organization of political commit.
tees.
(a) Every political committee supporting or
opposing a candidate or issue shall file a state-
ment of organization with the city clerk no later
than fifteen (15) days after opening a bank ac-
count as required by section 7-15 or twenty (20)
days prior to the election, whichever is earlier.
(b) The statement of organization shall in-
clude:
(1) The name, the address and phone num-
ber, the candidate or issue it supports or
opposes, and any other purpose or inter-
est of the committee;
(2) The name, phone number, and address of
the campaign treasurer of the political
committee;
(3) Proof of the existence of a bank account as
required in section 7-15 and proof of the
date of the initial deposit made therein;
Supp. No. 19
~ 7-16
(4) A complete list of all the political
committee's supporting and affiliated or_
ganizations.
(c) Any political committee whose purpose is
the recall of any elected official shall file a state~
ment of organization with the city clerk no later
than fifteen (15) days after opening a bank ac-
count. Reports of contributions and expenditures
shall be filed with the city clerk within fifteen (15)
days after the filing ofthe statement of organiza-
tion and every thirty (30) days thereafter until
the date of the recall election has been estab-
lished, at which time the political committee shall
follow the provisions of section 7-16.
(d) When any political committee is organized,
the treasurer or other officer of such committee
shall certify, by affidavit at the office of the city
clerk, within ten (10) days of filing the required
statement of organization, a statement that the
person signing the affidavit is familiar with and
understands the provisions of this article. Previ-
ously organized political committees are likewise
required to file an affidavit.
(Ord. No. 1995-1006, ~ 1,8-14-95)
Sec. 7-15. Deposit of contributions.
All contributions received by a candidate or
political committee shall be deposited no later
than five (5) days after receipt in a financial
institution in a separate account whose title shall
include the name of the candidate or political
committee. All records pertaining to such ac-
counts shall be maintained by the candidate or
political committee for sixty (60) days after sub-
mission of the final report unless a complaint is
filed, in which case they shall be maintained until
final disposition of the complaint and any conse-
quent litigation. Such records shall be subject to
inspection at any hearing held pursuant to this
article.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-16. Reports; certification and filing.
(a) The candidate or campaign treasurer shall
file reports of all contributions received and all
expenditures made by or on behalf of such candi-
date or political committee. In the event that the
candidate has received no contributions or made
461
~ 7-16
WHEAT RIDGE CITY CODE
no expenditures, or no expenditures have been
made on behalf of such candidate, the candidate
shall file a report stating such status. Reports
shall be filed eleven (11) days before and thirty
(30) days after any election. These reports shall
be complete as of five (5) days prior to the filing
date. All reports shall be filed in the office of the
city clerk by 5:00 p.m. on the day due.
(b) In addition to the requirements of this
article, every incumbent elected official in office
and every candidate elected to public office is
subject to the reporting requirements of this sec-
tion.
(c) All reports required by this section shall be
filed with the city clerk. These reports are public
records and shall be open to inspection by the
public during regular business hours. Any report
which is. deemed to be incomplete by the city clerk
shall be accepted on a conditional basis, and the
campaign treasurer shall be notified by certified
mail with respect to any deficiencies found. The
campaign treasurer shall have three (3) days from
receipt of such notice to file an addendum to the
report in compliance with this section_
(d) Each report required by this section shall
contain the following information:
(1) The amount of funds on hand at the
beginning of the reporting period;
(2) The name and address of each person who
has made an aggregate contribution to or
for such candidate or political committee
within the reporting period in excess of
twenty-five dollars ($25.00) or a contribu-
tion in kind in excess of one hundred
dollars ($100.00), together with the amount
and date of such contribution, or a chro-
nological listing of all contributions and
contributions in kind, including the name
and address of each contributor;
(3) The total sum of all contributions and
contributions in kind to or for such candi-
date or political committee during the
reporting period;
(4) The name and address of each person to
whom expenditures have been made by or
on behalf of the candidate or political
committee within the reporting period in
Supp. No. 19
excess of twenty-five dollars ($25.00), to-
gether with the amount, date, and pur-
pose of each such expenditure and the
name of and the office sought by each
candidate on whose behalf such expendi-
ture was made;
(5) The total sum of all expenditures made by
such candidate or political committee dur-
ing the reporting period;
(6) The name and address of any bank or
other depository for funds used by the
candidate or political committee.
(e) The reporting provisions of subsection (d)
of this section and section 7-13 shall apply to any
association, political party, political organization,
corporation, labor organization, or other group of
persons which receives contributions or contribu-
tions in kind from any person through donations
or through events such as dinners, luncheons,
rallies, or other fund-raising events if such con-
tributions or contributions in kind are intended to
be given to another organization or group of
persons which in turn distributes or contributes
such contributions or contributions in kind to one
(1) or more candidates or political committees.
The provision of paragraph (2) of subsection (d) of
this section shall also apply to any such organi-
zation or group of persons for each contribution or
contribution in kind which exceeds twenty-five
dollars ($25.00) if such contribution or contribu-
tion in kind is intended to be given to another
organization or group of persons which in turn
distributes or contributes such contribution in
kind to one (1) or more candidates or political
committees. The reporting provisions of this sec-
tion shall apply to the organization or group of
persons receiving such contributions or contribu-
tions in kind.
(D Notwithstanding any other reports re-
quired under this section, the campaign treasurer
shall file reports of any single contribution or
contribution in kind of five hundred dollars
($500.00) or more received by the candidate or
political committee at any time within sixteen
(16) days preceding the election. This report shall
be filed with the city clerk no later than two (2)
days after receipt of said contribution.
462
.
e
.
e
.
.
.
.
.
.
ELECTIONS
(g) Any person or campaign treasurer making
an independent expenditure of five hundred dol-
lars ($500.00) or more, at any time before the day
of the election shall file a report of such an
expenditure. This report shall be filed with the
city clerk within one (1) business day after the
independent expenditure is made. The report
shall include the identification and address of
each person who made a contribution to the
campaign treasurer or person filing such report
that was made for the purpose of furthering an
independent expenditure.
Any person or campaign treasurer filing the
report pursuant to the above paragraph shall
provide a copy of that report to the candidate
running in the election or to the political commit-
tee supporting or opposing the issue to be submit-
ted in the election for which the independent
expenditure was made. The copy of the report
shall be provided to such candidate or political
committee within twenty-four (24) hours after the
independent expenditure is made.
(Ord. No. 1995-1006, ~ 1, 8-14-95; Ord. No. 1997-
1074, ~ 3, 4-14-97)
See. 7-17. Unexpended contributions and eX-
penditure deficits.
(a) Any report filed under section 7-16 shall be
final unless it shows an unexpended balance of
contributions or expenditure deficit, in which
event a supplemental report shall be filed one (1)
year after the election to which it applied and
annually thereafter until such report shows no
such unexpended balance and no deficit is un-
changed, the supplemental report shall be filed
and shall state that such balance or deficit is
unchanged. Each such report shall be complete
through the end of the last preceding calendar
year and shall state the disposition of any
unexpended balance or deficit.
(b) The report required under subsection (a) of
this section shall disclose the full amount of any
loan reasonably related to the campaign, the
method of the loan's disposition, the balance due
on the loan, the interest, if any, and the name of
the person making the loan. If the loan is not paid
in full within thirty (30) days after the election to
which it applied, the candidate shall file, annu-
Supp. No. 19
~ 7-19
ally on the anniversary date of the date of the
election to which the loan applied, a report con-
cerningthe disposition of the loan until the loan is
repaid. Each report concerning loans made to any
candidate or political committee shall contain the
information required by this section.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-18. Reporting requirements; persons.
(a) Each person who makes any expenditure
directly or indirectly in an aggregate amount
exceeding one hundred dollars ($100.00) in sup-
port if or in opposition to any specific candidate or
issue, other than by contribution in kind to a
candidate or political committee directly, shall file
an individual report of the expenditure with the
city clerk.
(b) Reports shall be filed eleven (11) days be-
fore the election and thirty (30) days after the
election. These reports shall be complete as of five
(5) days prior to the filing date.
(c) The report shall contain the following infor-
mation:
(1) The name and address of any person to
whom an expenditure in excess of twenty-
five dollars ($25.00) has been made by
any such person in support of or in oppo-
sition to any such candidate or issue dur-
ing the reporting period, together with
the amount, date, and purpose of each
expenditure.
(2) The total sum of all expenditures made in
support of or in opposition to any such
candidate or issue.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-19. Campaign contribution limits.
(a) Campaign contributions are limited to five
hundred dollars ($500.00) per individual per can-
didate for at-large candidates (mayor, city clerk,
city treasurer) and one hundred twenty-five dol-
lars ($125.00) per individual per candidate for
city council district candidates.
(b) Contributions in kind are limited to five
hundred dollars ($500.00) per individual per can-
didate for at-large candidates (mayor, city clerk,
463
~ 7-19
WHEAT RIDGE CITY CODE
city treasurer), and one hundred twenty-five dol-
lars ($125.00) per individual per candidate for
city council district candidates.
(c) The contribution and contribution in kind
limitations of this section shall apply on a per
election basis.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-20. Limitations; cash contributions.
No person shall make any contribution in cur-
rency or coin exceeding one hundred dollars
($100_00) in support of or in opposition to any
candidate, political committee, or issue.
(Ord. No. 1995-1006, ~ 1,8-14-95)
Sec. 7-21. Expenditures in cash; limited.
No candidate or political committee shall make
any expenditure in currency or coin exceeding one
hundred dollars ($100.00) for any purpose related
to such candidate's campaign or to the passage or
defeat of an issue.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-22. Duties of the city clerk.
(a) The city clerk shall:
(1) Prescribe forms for statements and other
information required to be filed by this
article and furnish such forms and infor-
mation free of charge for use by candi-
dates and other persons required to file
such statements and information under
this article.
(2) Prepare, publish and furnish free of charge
to candidates and campaign treasurers
and to other persons at cost an instruction
sheet setting forth a suggested system for
accounts for use by persons required to
file statements by this article.
(3) Develop a filing and indexing system for
his office consistent with the purpose of
this article.
(4) Make the reports and statements filed
with him available for public inspection
and copying under his supervision, com-
mencing as soon as practicable but not
later than the end of the second day
Supp. No. 19
following the day during which it was
received. He shall permit copying of any
such report or statement by hand or du-
plicating machine, as requested by any
person, at the expense of such person. No
information copied from such reports and
statements shall be sold or utilized by any
person for the purpose of soliciting contri-
butions or for any commercial purpose.
(5) Review all required filings for timeliness
and completeness. In the event the clerk
determines a filing contains an error, the
candidate and treasurer which has made
the erroneous filing shall be afforded three
(3) days from the date of notification of
the error by the city clerk to file a cor-
rected report of statement. If such cor-
rected report or statement is not timely
filed or is otherwise erroneous, the clerk
shall conduct a hearing, either personally
or through a designee, on any matter
within his jurisdiction, as provided in
subsection (b) of this section subject to
appropriations made to the city clerk. Any
hearing conducted by a hearing officer
employed as a designee of the city clerk or
by the city clerk shall be conducted in
accordance with the provisions of C.R.S.
24-4-105, or any rules of procedure adopted
by the city clerk prior to the conduct of
said hearing. The city clerk shall hear all
complaints, with the city attorney acting
as the city clerk's legal advisor, unless the
clerk is the subject of the complaint, in
which case the city council shall designate
and compensate a hearing officer who
shall hear the complaint. Unless the city
attorney is directed by the city council to
act as a "prosecutor," the city council shall
provide for the appointment of a "special
prosecutor" to present all evidence of vio-
lations of this article. Said special prose-
cutor shall likewise act as the prosecutor
of any complaints filed in the city's mu-
nicipal court for violation of this article.
In the event the city attorney is directed
to act as prosecutor of such complaints,
the city council shall appoint and compen-
sate a legal advisor for the city clerk or his
designee.
464
.
.
.
.
.
.
e
.
.
.
ELECTIONS
(b) Any person who believes a violation ofthis
article has occurred may file a written complaint
no later than sixty (60) days after the date of the
final report of a candidate or political committee
with the city clerk. If the city clerk determines
after a hearing that a violation has occurred, the
city attorney or, if applicable, a special prosecutor
may:
(1) Institute a civil action for relief, including
a permanent or temporary injunction, a
restraining order, or any other appropri-
ate order in a court of competent jurisdic-
tion, which shall include the municipal
court; or
(2) Institute a criminal action in the munici-
pal court. Upon a proper showing that
such person has engaged in or is about to
engage in such acts or practices, a perma-
nent or temporary injunction restraining
order or other order shall be granted
without bond by the court.
(c) Notwithstanding the provision of subsec-
tion (a) and (b) of this section, any person who
believes a violation of section 7-22 has occurred
may file a written complaint no later than sixty
(60) days after the date of the appropriate election
with the city clerk. If the written complaint is
filed within ten (10) days of the election, the city
clerk shall hold such hearing within three (3)
days of the filing of such complaint. If the city
clerk determines after the hearing that a viola-
tion has occurred, the city attorney, or, if applica-
ble, a special prosecutor, may pursue the reme-
dies set forth at paragraphs (1) and (2) of subsection
(b) of this section.
(Ord. No. 1995-1006, ~ 1,8-14-95)
Sec. 7.23. City clerk; additional duties.
(a) The city clerk shall immediately notify the
person required to file a statement if:
(1) It appears that the person has failed to
file a report as required by this article or
that a statement filed by a person does
not conform to law upon examination of
the names on the election ballot or that a
complaint has been filed against him.
Supp. No. 19
~ 7-24
(2) A written complaint is filed with the city
clerk by any registered elector, pursuant
to subsection 7-22(b), alleging that a state-
ment filed with such officer does not con-
form to law or to the truth or that a
person has failed to file a statement re-
quired by law.
(b) After any statement is filed under subsec-
tion (a):
(1) The city clerk shall preserve any state-
ment or images of that statement re-
quired to be filed by this article for a
period ending at the termination of the
term of office of the candidate who is
elected, and statements or images of those
statements of all other candidates shall
be preserved for a period of one (1) year
after the date of receipt. Thereafter, such
statements shall be disposed of.
(2) Notwithstanding the provisions of para-
graph (1) of this subsection any statement
required to be filed under this article shall
be preserved until any complaint initiated
is resolved.
(c) The terms "information," "statement," "af-
fidavit,ll lIchallenge," "protest," "objection," uopin-
ion," "question" and any other synonyms shall be
acceptable to the city clerk as equivalent and
permissible words_
(d) The city clerk shall accept and certify all
reports required by this article as to accuracy.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7.24. Limitations on contribution by city
government.
(a) The city, acting through its city council, its
elected or appointed officials and its employees,
shall make no contribution or contribution in kind
in campaigns involving the nomination, reten-
tion, or election of any person to any public office,
nor shall the city expend any public moneys from
any source, or make any contribution in kind, to
urge electors to vote in favor of or against any
statewide or local ballot issue which has been
submitted for, or which has had, a title designated
and fixed pursuant to C.R.S. 1-40-106(1), or in
favor of or against any referred measure or recall.
465
~ 7-24
WHEAT RIDGE CITY CODE
(b) A member of the city council, elected city
official, or city employee may respond to ques-
tions about any issue described in subsection (a)
of this section if he or she has not solicited the
question.
(c) Nothing in this section shall be construed
as prohibiting the city from expending public
moneys or making contributions in kind to dis-
pense a factual summary, which shall include
arguments both for and against the proposal, on
any issue of official concern before the electorate
of the city appearing on an election ballot in the
city. Such summary shall not contain a conclusion
or opinion in favor of or against any particular
issue.
(d) Nothing in this section shall be construed
as prohibiting the city council from passing a
resolution or taking a position of advocacy on any
issue described in subsection (ll) of this section or
reporting the passage of or distributing such
resolution through the established, customary
means, other than paid advertising, by which
such inforIlllltion about the proceedings of the city
is regularly provided to the public.
(e) Nothing in this section shall be construed
to prevent a member of the city council, elected
official, or city employee from expressing a per-
sonal opinion on any issue.
(f) Nothing in this section shall be construed
as prohibiting a member of the city council, elected
city official or city employee from expending per-
sonal funds, making contributions in kind or
using personal time to urge electors to vote in
favor of or against any issue described in subsec-
tion (a) of this section.
(g) Nothing in this section shall be construed
as prohibiting the city from expending public
funds to produce and distribute the election no-
tices and s=aries required by article X, section
20(5) of the Colorado Constitution.
(h) The provisions of this section shall be en-
forced as provided in section 7-22(b).
(Ord. No. 1995-1006, S 1, 8-14-95)
Supp. No. 19
Sec. 7-25. Campaign funds; use restricted.
(a) No officeholder, candidate, or campaign trea-
surer shall use any contribution or contribution in
kind received from any person for private pur-
poses not reasonably related to influencing the
passage or defeat of any issue or the nomination,
retention, election or defeat of any candidate or to
voter registration or political education. The term
"political education" shall include obtaining infor-
mation from or providing information to the elec-
torate and shall include the establishment of
educational scholarships related to political edu-
cation. Contributions not expended on behalf of a
nonpartisan candidate's campaign or for any other
purpose permitted by this subsection, upon ap-
proval by the nonpartisan candidate or political
committee, or contributions not expended on be-
half of a political committee's campaign seeking
to influence the passage or defeat of any issue or
for any other purpose permitted by this subsec-
tion, upon approval by such committee, may be
contributed to any nonprofit or charitable organi-
zation whose purposes are not political in nature,
or to the state or any political subdivision thereof,
but not to any political party or candidate.
(b) Notwithstanding the provisions of subsec-
tion (a) of this section, contributions not expended
on behalf of any candidate's campaign may be
retained for use in a subsequent campaign for
public office by that individual or as provided in
subsection (a) of this section. A candidate shall
not use any such contributions for private pur-
poses.
(c) For purposes of subsections (a) and (b) of
this section, use of contributions or contributions
in kind for "private purposes" means using such
contributions or contributions in kind to defray
normal living expenses of the candidate or of the
candidate's family or for the personal benefit of
the candidate. Having no direct connection with
or effect upon the candidate's campaign or hold-
ing public office.
(Ord. No. 1995-1006, S 1, 8-14-95; Ord. No. 1997-
1074, S 4, 4-14-97)
Sec. 7-26. Expenditures; political advertis-
ing; rates and charges.
No candidate shall pay to any radio or televi-
sion station, newspaper, periodical, or other sup-
466
.
e
.
.
.
r
.
.
.
.
.
ELECTIONS
plier of materials or services a higher charge than
that normally required for local commercial cus-
tomers for com parable use of space or materials
and services. Any such rate shall not be rebated,
directly or indirectly. Nothing in this section shall
be construed to prevent an adjustment in rates
related to frequency, volume, production costs,
and agency fees if such adjustments are normal
charges paid by other advertisers.
(Ord. No. 1995-1006, ~ 1,8-14-95)
Sec. 7-27. Encouraging withdrawal from
campaign prohibited.
No person shall pay, cause to be paid, or at-
tempt to pay to any candidate or to any political
committee any money or any other thing of value
for the purpose of encouraging a candidate to
withdraw his candidacy, nor shall any candidate
offer to withdraw his candidacy in return for
money or any other thing of value.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-28. Write-in candidate affidavit.
No write-in vote for any municipal office shall
be counted unless an affidavit of intent has been
filed with the clerk by the person whose name is
written in prior to twenty (20) days before the day
of election indicating that such person desires the
office and is qualified to assume the duties of that
office if elected. In any election, if the only matter
before the voters is the election of persons to office
and if, at the close of business on the nineteenth
day before the election, there are not more candi-
dates than offices to be filled at such election,
including candidates filing affidavits of intent,
the city clerk if so instructed by the city council,
either before or after such date, shall cancel the
election and by resolution declare the candidates
elected. Upon such declaration the candidates
shall be deemed elected.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-29. Disclosure of conflicts of interest.
(a) For the purposes of this section, the follow-
ing phrases shall have the meanings respectively
ascribed to them.
(1) Office having a substantial discretionary
function includes all elected officials and
spouse.
Supp. No. 19
~ 7-30
(2) A potential conflict of interest exists when
the office holder or spouse is a director,
president, general manager, agent, repre-
sentative or similar executive officer, or
owns or controls, directly or indirectly, a
substantial interest in any nongovernmen-
tal entity participating in the transaction.
(b) Each candidate for elected municipal office
in the city shall disclose, by written memoran-
dum, any known potential conflict of interest
which would exist were the candidate elected to
an office having any substantial discretionary
function in connection with a municipal contract,
purchase payment or other pecuniary transac-
tion.
(c) The purpose of such disclosure is to avoid
any possible appearance of a conflict of interest in
holding elected municipal office and engaging in
personal and business transactions with the city.
(d) The written disclosure referred to in sub-
section (2) above shall be filed with the office of
the city clerk not later than fourteen (14) days
prior to the municipal election in which the per-
son is a candidate for office.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-30. Disclosure of real property; busi-
ness interests.
(a) Each candidate for elected municipal office
in the city shall disclose the following:
(1) All real property and interests therein
located in the city, including the street
address or location.
(2) Any and all business interests in regard
to doing business with the city and/or
competing with the city in acquisition of
any real property, contracts, options, ma-
terials, labor or other pecuniary transac-
tions.
(3) Any business endeavors or interests within
the city with other elected officials.
(b) The disclosures required by this section
shall be submitted in written form to the office of
the city clerk at least fourteen (14) days before
election.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
467
Ii 7-31
WHEAT RIDGE CITY CODE
See. 7-31. Penalty; affirmative defense.
(a) Any person who knowingly violates any
provision of this article or who gives or accepts
any contribution or contribution in kind required
to be reported under section 7-16 in such a way as
to hinder or prevent identification of the true
donor commits a class 3 misdemeanor and shall
be punished as provided in section 1-5 of this
Code. Any such person who conspires with an-
other to violate any provision ofthis article and
who is also a candidate shall, in addition to any
other penalty provided in this section, forfeit his
right to assume the nomination or to take the
oath for the office to which he may have been
elected, unless he has already taken said oath, in
which case the office shall be vacated. In the
event the office to which the candidate has been
elected is vacated, the vacancy to said office shall
be filled as provided by law.
(b) The city clerk shall, upon sufficient evi-
dence, hold a hearing upon the city clerk's own
motion or upon written complaint to enforce the
civil penalty provided for in subsection (a) of this
section. The burden of proof shall be on the
accuser. In addition to the criminal penalty pro-
vided for in this section, any person who know-
ingly violates any provision of this article involv-
ing a contribution or a contribution in kind shall
be subject to a civil penalty in an amount not to
exceed the greater amount ofthree hundred (300)
percent of the amount of the contribution, or the
fair market value at the time of the contribution
in kind, or one thousand dollars ($1,000.00), which-
ever is less.
(c) It shall be an affirmative defense to a
prosecution under this article that the offender
did not have actual knowledge of his responsibil-
ity under this article and was an uncompensated
volunteer. This affirmative defense shall not be
available for use as a defense by any person who
has filed the affida'lit required by section 7-13 or
subsection 7-14(d).
(d) The city clerk, after proper notification by
certified mail shall impose an additional penalty
often dollars ($10.00) per day for each day that a
statement or other information required to be
filed by this article is not filed by the close of the
Supp. No. 19
business clay on the day due; except that the
appropriate officer may excuse such penalty for
bona fide personal emergencies.
(e) No person who has not fully complied with
the provisions of this article shall be permitted to
be a candidate for any public office in any subse-
quent election until the deficiencies have been
corrected.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-32. Reimbursement for contributions
prohibited.
No person shall make a contribution to a can-
didate or to a political committee with the expec-
tation that some or all of the amount of such
contribution will be reimbursed by any other
person. No person shall be reimbursed for a
contribution made to any candidate or political
committee. No person shall reimburse some or all
of the amount of any contribution made to a
candidate or political committee. Repayment of a
contribution made in the form of a loan to a
candidate or to a political committee, where such
repayment is made by the candidate or political
committee to whom such loan was made, shall not
constitute reimbursement for purposes of this
section.
(Ord. No. 1995-1006, ~ 1,8-14-95)
Sec. 7-33. Annual review.
This chapter shall be reviewed each year within
sixty (60) days after adjournment sine dk of the
Colorado General Assembly by the city clerk in
conference with the city attorney to ensure con-
sistency with state law.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
ARTICLE Iv. RECOUNT
Sec. 7-34. Automatic recount.
In any municipal election wherein persons are
elected to "elected municipal office" there shall be
an automatic recount of the votes, which shall be
accomplished by the city clerk no later than five
(5) days after the date of election, in the event any
468
.
e
.
.
.
.
e
.
e
.
candidate for office fails to be elected by one (1)
percent or less of the vote cast for any candidate
elected to that same office.
(Ord. No. 1995-1006, ~ 1, 8-14-95)
Sec. 7-35. Other recounts or contests.
Except as provided in section 7-34, all election
contests-or - recounts shall be accomplished in
accordance with C.R.S. 31-10-1301 et seq.
(Ord. No_ 1995-1006, ~ 1, 8-14-95)
Supp. No. 19
ELECTIONS
~ 7-35
[The next page is 5171
469