HomeMy WebLinkAboutOrdinance-1988-0768INTRODUCED BY COUNCILMEMBER WORTH
Ordinance No. 768
Series of 1988
TITLE: AN ORDINANCE AMENDING CHAPTER 5A, ELECTIONS, BY
AMENDING CERTAIN SECTIONS TO COMPLY WITH THE PROVISIONS
OF THE "CAMPAIGN REFORM ACT" AS FROM TIME TO TIME
AMENDED BY THE COLORADO GENERAL ASSEMBLY, AND BY ADDING
AN ARTICLE III, RECOUNT TO SAID CHAPTER 5A.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 5A-6. Candidate affidavit; disclosure
statement of the Code of Laws of the City of Wheat Ridge is
hereby repealed and reenacted as follows:
When any individual becomes a candidate, such individual
shall certify, by affidavit filed with the appropriate officer
within ten (10) days, that he is familiar with 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 reporting
period, and such report shall include the information required
under section 5A-9(d). 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 5A-6 SHALL RESULT IN THE
DISQUALIFICATION OF SUCH PERSON AS A CANDIDATE.
Section 2. Section 5A-10(a) of the Code of Laws of the City
of Wheat Ridge is hereby repealed and reenacted as follows:
(a) Any report filed under Section 5A-9 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 such deficit. In the event the status of the
balance or deficit is unchanged, ne report need be filed Ear
the preceding calendar year- 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.
Section 3. Section 5A-17 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
No candidate or campaign treasurer shall use any
contribution or contribution in kind received from any person for
private purposes not reasonably related to influencing the
passage or defeat of any issue or the retention, election or
defeat of any candidate or to voter registration or political
education. CONTRIBUTIONS NOT EXPENDED ON BEHALF OF A
NONPARTISAN CANDIDATE'S CAMPAIGN, UPON APPROVAL BY THE
NONPARTISAN CANDIDATE OR POLITICAL COMMITTEE, OR CONTRIBUTIONS
NOT EXPENDED ON BEHALF OF A POLITICAL COMMITTEE'S CAMPAIGN
SEEKING TO INFLUENCE THE PASSAGE OR DEFEAT OF ANY ISSUE, UPON
APPROVAL BY SAID COMMITTEE, MAY BE CONTRIBUTED TO A NONPROFIT OR
CHARITABLE ORGANIZATION OR TO THE CITY, OR TO ANY NONPARTISAN
CANDIDATE OR POLITICAL COMMITTEE'S CAMPAIGN SEEKING TO INFLUENCE
THE PASSAGE OR DEFEAT OF ANY ISSUE.
Section 4. The Code of Laws of the City of Wheat Ridge is
amended by adding the following Article III, Recount, to Chapter
5A:
ARTICLE III. RECOUNT
Section 5A-25. Automatic Recount.
In any Municipal Election wherein persons are elected
to "elected municipal office" (as defined in Section 5A-4(k))
there shall be an automatic recount of the votes, which shall be
accomplished by the City Clerk at the sole expense of the City no
later than five (5) days after the date of election, in the event
any candidate for office fails to be elected by one percent (1%)
or less of the vote cast for any candidate elected to that same
office.
Section 5A-26. Other Recounts or Contests.
Except as provided in Section 5A-25 hereof, all election
contests or recounts shall be accomplished in accordance with
Colo. Rev. Stat. § 31-10-1301, et se q.
Section 5. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 6. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
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Section 7. This ordinance shall become effective 15 day(s)
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 13th day of June , 1988,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for June 27 , 1988,
at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 7 to 0 this 27th day of June
, 1988.
SIGNED by the Mayor on this 28th day of June
1988.
Dan Wilde, Mayor
ATTEST:
L. ,l X)
Wanda Sang, City C1 k
APPROVED AS TO FORM ~Y
OFFICE 00 C.WY ATTOI~NE
Johff E. Hayes, C
1st Publication: June 16, 1988
2nd Publication: June 30, 1988
Wheat Ridge Sentinel:
Effective Date: July 15, 1988
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