HomeMy WebLinkAboutOrdinance-1995-1006
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CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER EDWARDS
council Bill No. 24 Ordinance No. 1006
series of 1995
TITLE:
AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF
THE WHEAT RIDGE CODE OF LAWS, ENTITLED "ELECTIONS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, AS FOLLOWS:
section 1.
Chapter 7 of the Wheat Ridge Code of Laws, entitled
"Elections," is hereby repealed and reenacted, to read as follows:
CHAPTER 7, ELECTIONS
ARTICLE I. GENERAL
section 7-1:
Municipal and uniform Election Code Adopted;
Exceptions.
(1) 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.
(2) C.R.S. 1-1-102 et seo., 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.
(3) The provisions of the Colorado campaign Reform Act,
1-45-101 et seo., C.R.S., are superseded by this Chapter.
Section 7-2:
Residency Requirement for City Offices.
Every registered elector eighteen 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 consecutive months immediately 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
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candidate for two city offices at the same election nor hold two
elective city off ices simultaneously. In the event that City
Council district boundary lines are changed, a prospective council-
member shall be eligible to run from the newly defined district if
he has been a resident of the city and the district from which he
is to be elected for a period of at least twelve consecutive months
immediately preceding the date of election.
section 7-3:
Ballots.
(a) The names of all candidates for each elective
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 90 days prior to such election, that such
ballot is authorized. When election by mail ballot is held, the
City shall comply with all provisions of the "Mail Ballot Election
Act," Sections 1-7.5-101, et sea. C.R.S.
Section 7-4:
Reimbursement of Expenses.
No officer who is not recalled shall be entitled to
reimbursement of expenses incurred in defending against the recall.
ARTICLE II. CANDIDATE CONDUCT
Section 7-5:
Presence at polling places restricted; activi-
ties and statements intended to influence
voters prohibited; application to poll
watchers.
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 candidates's family, or a member of a political committee
supporting or opposing a candidate or issue, is present at the
polling place, such person shall be prohibited from engaging in
activities 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 of and performance of duties by those poll watchers
designated and authorized by C.R.S. 31-10-602. Electioneering
shall be prohibited within 100 feet of the polling place.
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section 7-6:
False statements relating to candidates or
questions submitted to electors -- penalty.
(1) 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.
(2) 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.
section 7-7:
violations: penalty.
Any person, political committee or entity violating any
of the provisions of this Chapter shall be guilty of misdemeanor
and upon conviction thereof shall be subject to the penalties set
forth in section 1-5 of the Code of Laws: a fine of not more than
nine hundred ninety-nine dollars ($999.00) or by imprisonment for
a period not exceeding one hundred eighty (180) days or both such
fine and imprisonment; provided, however, that no person under the
age of eighteen (18) years shall be subjected to imprisonment for
such violation.
ARTICLE III. CODE OF ETHICS
section 7-8:
Title: purpose.
This article shall be known and cited as the "Wheat Ridge
Code of Ethics for Municipal Elections. II The purpose of this
article shall be to establish standards of conduct and to set forth
guidelines for disclosure of pertinent information by candidates
for elected municipal office and by political committees.
Section 7-9:
Legislative declaration.
The city council hereby finds and declares that the
interests of the people of this City can be better served through
a more informed public; that the trust of the people is essential
to representative 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 govern-
ment through a more informed electorate.
section 7-10: Definitions.
As used in this chapter 7, unless the context otherwise
requires:
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(1) "Campaign treasurer" means the treasurer of any candidate
for nomination, retention or election or the treasurer of any
political committee. A candidate may appoint 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 incumbent and still has an unexpended balance
of contributions or a debt or deficit and who receives contribu-
tions 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
include the term "Municipal Clerk." Reference 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
guarantee
committee
any issue
(a) a gift, loan, pledge or advance of money or a
of a loan made to or for any candidate or political
for the purpose of influencing the passage or defeat of
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 committee working on a candidate's behalf, for politi-
cal services rendered to the candidate or political committee;
(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 individuals volunteering their time on behalf of a
candidate or political committee. Any transfer of money between
political committees is an expenditure by the political committee
which dispenses the money and is a contribution to the political
committee which receives the money.
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(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 defeat of any issue or the nomination, retention,
election or defeat of any candidate. Personal services are a
contribution in kind by the person paying compensation therefor;
volunteer services are not included. "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 of fair market value shall be used.
(6) "Day" means a calendar day. When the deadline for any
act required by this Chapter falls on a Saturday, Sunday or legal
holiday, the period shall be deemed extended 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 election 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 activities or making
statements which are intended 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, distribution, loan or
advance of any money or contribution in kind by any candidate,
political committee, or agent of either for the purpose of influ-
encing the passage or defeat of any candidate or issue.
"Expenditure" does not include services provided without compensa-
tion by any candidate or political committee or expenditures from
the candidate's own funds for his personal or family activities.
An expenditure occurs when the actual payment is made or when there
is a contractual agreement and the amount is determined.
(a) "Independent Expenditure" means an expenditure by a
person or campaign treasurer;
(b) Advocating the election or defeat of a clearly
identified candidate which is made without the cooperation or
authorization of or consultation with the candidate, the candi-
date's political 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; or
(c) Seeking to influence the passage or defeat of any
issue which is to be submitted to the electors which is made
without the cooperation or authorization of or consultation with
the political committee supporting such issue, and which is not
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made in concert with, or at the request or suggestion of, such
political committee.
(10) "Issue" means any proposition or initiated or referred
measure which is to be submitted to the electors for their approval
or rejection.
(11) "Person" means any individual, partnership, committee,
association, corporation, labor organization, or other organization
or group of persons.
(12) "Political committee" means any two or more persons who
are elected, appointed or chosen or who have associated themselves
or cooperated for the purpose of accepting contributions in kind or
making expenditures to support or oppose a candidate for public
office at any election or seek to influence the passage or defeat
of any issue. "Political committee" includes any political party
or committee thereof at any level or a political organization as
defined in section 1-1-104, C.R. S. "Political committee" also
includes a separate political education or political action fund or
committee which is associated with an organization or association
formed principally for some other purpose and includes an organi-
zation or association formed principally for some other purpose
insofar as it makes contributions or contributions in kind or
expenditures but shall not include a single individual, partner-
ship, committee, association, corporation, labor organization 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 structure
designated as an official location for the casting of ballots in an
election. For the purpose of measuring the 100-foot limit imposed
by section 2-5, "polling place" shall include the exterior walls of
said building or structure.
(14) The terms "information," "statement," "affidavit,"
"challenge," "protest," "objection," "opinion," "question" and any
other synonyms shall be acceptable to the city Clerk as equivalent
and permissible words.
Section 7-11: Applicability of Article.
(1) 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 elections.
(2) 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
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the penalty provided in section 7-32 for a candidate shall still
apply.
section 7-12: Filing -- where to file -- timeliness.
(a) For the purpose
of this article, candidates
political committee shall file
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 pm, local time, on the designated day for filing.
of meeting the filing requirements
for elected municipal office or
all required filings in the office
(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 aggre-
gate, fifty dollars ($50.00) or which makes expenditures which do
not exceed, in the aggregate fifty dollars ($50.00) shall not be
subject to the reporting provisions of this article. The
provisions of this subsection (c) shall not exempt any political
committee from the requirements of section 7-16.
section 7-13: candidate affidavit -- disclosure statement.
(1) When any individual becomes a candidate, such individual
shall certify, by affidavit filed with the City Clerk within ten
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 reporting 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 subsection (1) shall result in the disqualification of such
person as a candidate.
section 7-14: organization of political committees.
(1) Every political committee supporting or opposing a
candidate or issue shall file a statement of organization with the
City Clerk no later than fifteen days after opening a bank account
as required by section 7-15 or twenty days prior to the election,
whichever is earlier. (2)
(2) The statement of organization shall include:
(a) The name, the address and phone number, the candi-
date or issue it supports or opposes, and any other purpose or
interest of the committee:
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(b) The name, phone number, and address of the campaign
treasurer of the political committee;
(c) 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;
(d) A complete list of all the political committee's
supporting and affiliated organizations.
(3) Any political committee whose purpose is the recall of
any elected official shall file a statement of organization with
the City Clerk no later than fifteen days after opening a bank
account. Reports of contributions and expenditures shall be filed
with the city Clerk within fifteen days after the filing of the
statement of organization and every thirty days thereafter until
the date of the recall election has been established, at which time
the political committee shall follow the provisions of
section 7-16.
(4) 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 days of filing the
required statement of organization, a statement that the person
signing the affidavit is familiar with and understands the provi-
sions of this article. Previously organized political committees
are likewise required to file an affidavit.
section 7-15: Deposit of contributions.
All contributions received by a candidate or political
committee shall be deposited no later than five 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 accounts shall be maintained by the
candidate or political committee for sixty days after submission of
the final report unless a complaint is filed, in which case they
shall be maintained until final disposition of the complaint and
any consequent litigation. Such records shall be subject to
inspection at any hearing held pursuant to this article.
section 7-16: Reports -- certification and Filing.
(1) The candidate or campaign treasurer shall file reports of
all contributions received and all expenditures made by or on
behalf of such candidate or political committee. In the event that
the candidate has received no contributions or made no expendi-
tures, 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 days before and thirty days after any
election. These reports shall be complete as of five days prior to
the filing date. All reports shall be filed with the in the office
of the city Clerk by 5:00 P.M. on the day due.
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(2) 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
section.
(3) 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 days from receipt
of such notice to file an addendum to the report in compliance with
this section.
(4) Each report required by this section shall contain the
following information:
(a) The amount of funds on hand at the beginning of the
reporting period;
(b) 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 or a contribution in kind in excess of one hundred dollars,
together with the amount and date of such contribution, or a
chronological listing of all contributions and contributions in
kind, including the name and address of each contributor;
(c) The total sum of all contributions and contributions
in kind to or for such candidate or political committee during the
reporting period;
(d) 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 excess of
twenty-five dollars, together with the amount, date, and purpose of
each such expenditure and the name of and the office sought by each
candidate on whose behalf such expenditure was made;
(e) The total sum of all expenditures made by such
candidate or political committee during the reporting period;
(f) The name and address of any bank or other depository
for funds used by the candidate or political committee.
(5) The reporting provisions of subsection (4) 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 contributions or contributions in kind are intended to be
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given to another organization or group of persons which in turn
distributes or contributes such contributions or contributions in
kind to one or more candidates or political committees. The
provision of paragraph (b) of subsection (4) of this section shall
also apply to any such organization or group of persons for each
contribution or contribution in kind which exceeds twenty-five
dollars if such contribution or contribution 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 or more
candidates or political committees. The reporting provisions of
this section shall apply to the organization or group of persons
receiving such contributions or contributions in kind.
(6) Notwi thstanding any other reports required under this
section, the campaign treasurer shall file reports of any single
contribution or contribution in kind of five hundred dollars or
more received by the candidate or political committee at any time
within sixteen days preceding the election. This report shall be
filed with the City Clerk no later than two days after receipt of
said contribution.
(7) (a) Any person or campaign treasurer making an
independent expenditure of five hundred dollars or more, at any
time after the sixteenth day but more than twenty-four hours 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 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
which was made for the purpose of furthering an independent
expenditure.
(b) Any person or campaign treasurer filing the report
pursuant to paragraph (a) of this subsection (7) shall provide,
concurrent with such filing, a copy of that report to the candidate
running in the election or to the political committee supporting or
opposing the issue to be submitted in the election for which the
independent expenditure was made.
section 7-17: Unexpended
Deficits.
contributions
and
Expenditure
(1) 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
year after the election to which it applied and annually thereafter
until such report shows no such unexpended balance and no deficit
is unchanged, 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.
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(2) The report required under subsection (1) 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
days after the election to which it applied, the candidate shall
file, annually on the anniversary date of the date of the election
to which the loan applied, a report concerning the 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.
section 7-18: Reporting Requirements -- Persons.
(1) Each person who makes any expenditure directly or
indirectly in an aggregate amount exceeding one hundred dollars in
support 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.
(2) Reports shall be filed eleven days before the election
and thirty days after the election. These reports shall be
complete as of five days prior to the filing date.
(3) The report shall contain the following information:
(a) The name and address of any person to whom an
expenditure in excess of twenty-five dollars has been made by any
such person in support of or in opposition to any such candidate or
issue during the reporting period, together with the amount, date,
and purpose of each expenditure.
(b) The total sum of all expenditures made in support of
or in opposition to any such candidate or issue.
Section 7-19: Campaign contribution Limits.
(1) campaign contributions are limited to
individual per candidate for at large candidates
Clerk, city Treasurer), and $125.00 per individual
for City Council District candidates.
$500.00 per
(Mayor, City
per candidate
(2) contributions in kind are limited to
individual per candidate for at large candidates
Clerk, City Treasurer), and $125.00 per individual
for City Council District candidates.
$500.00 per
(Mayor, city
per candidate
(3) The contribution and contribution in kind limitations of
this section shall apply on a per election basis.
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section 7-20: Limitations -- Cash contributions.
No person shall make any contribution in currency or coin
exceeding one hundred dollars in support of or in opposition to any
candidate, political committee, or issue.
section 7-21: Expenditures in Cash -- Limited.
No candidate or political committee shall make any
expenditure in currency or coin exceeding one hundred dollars for
any purpose related to such candidate's campaign or to the passage
or defeat of an issue.
section 7-22: Duties of the City Clerk.
(1) The city Clerk shall:
(a) Prescribe forms for statements and other information
required to be filed by this article and furnish such forms and
information free of charge for use by candidates and other persons
required to file such statements and information under this
article.
(b) Prepare, publish and furnish free of charge to
candidates and campalgn 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.
(c) Develop a filing and indexing system for his office
consistent with the purpose of this article.
(d) Make the reports and statements filed with him
available for public inspection and copying under his supervision,
commencing as soon as practicable but not later than the end of the
second day following the day during which it was received. He
shall permit copying of any such report or statement by hand or
duplicating machine, as requested by any person, at the expense of
such person. No information copied from such reports and state-
ments shall be sold or utilized by any person for the purpose of
soliciting contributions or for any commercial purpose.
(e) 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 days from the date of notification
of the error by the city Clerk to file a corrected report of
statement. If such corrected 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 (2) 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
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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 subj ect 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 violations of
this article. said special prosecutor shall likewise act as the
prosecutor of any complaints filed in the City's municipal 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 compensate a legal advisor for the City Clerk or
his designee.
(2) Any person who believes a violation of this article has
occurred may file a written complaint no later than sixty 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:
(a) Institute a civil action for relief, including a
permanent or temporary injunction, a restraining order, or any
other appropriate order in a court of competent jurisdiction, which
shall include the municipal court; or
(b) Institute a criminal action in the municipal court.
Upon a proper showing that such person has engaged in or is about
to engage in such acts or practices, a permanent or temporary
injunction restraining order or other order shall be granted
without bond by the court.
(3) Notwithstanding the provision of subsection (1) and (2)
of this section, any person who believes a violation of section
7-22 has occurred may file a written complaint no later than sixty
days after the date of the appropriate election with the City
Clerk. If the written complaint is filed within ten days of the
election, the City Clerk shall hold such hearing within three days
of the filing of such complaint. If the City Clerk determines
after the hearing that a violation has occurred, the City Attorney,
or, if applicable, a special prosecutor, may pursue the remedies
set forth at paragraphs (a) and (b) of subsection (2) of this
section.
Section 7-23: City Clerk -- Additional Duties.
(1) The City Clerk shall immediately notify the person
required to file a statement if:
(a) It appears that the person has failed to file a
report as required by this article or that a statement filed by a
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person does not conform to law upon examination of the names on the
election ballot or that a complaint has been filed against him.
(b) A written complaint is filed with the city Clerk by
any registered elector, pursuant to subsection 7-22(2), alleging
that a statement filed with such officer does not conform to law or
to the truth or that a person has failed to file a statement
required by law.
(2) After any statement is filed under subsection (1):
(a) The City Clerk shall preserve any statement or
images of that statement required 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 year after the date of receipt. Thereafter, such statements
shall be disposed of.
(b) Notwithstanding the provisions of paragraph (a) of
this subsection any statement required to be filed under this
article shall be preserved until any complaint initiated is
resolved.
(3) The terms "information," "statement," "affidavit,"
"challenge," "protest," "objection," "opinion," "question" and any
other synonyms shall be acceptable to the City Clerk as equivalent
and permissible words.
(4) The city Clerk shall accept and certify all reports
required by this article as to accuracy.
Section 7-24: Limitations
Government.
on
Contribution
by
City
(1) 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,
retention, 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 sub-
mitted for, or which has had, a title designated and fixed pursuant
to 1-40-106(1), C.R.S., or in favor of or against any referred
measure or recall.
(2) A member of the City council, elected City official, or
City employee may respond to questions about any issue described in
subsection (1) of this section if he or she has not solicited the
question.
(3) Nothing in this section shall be construed as prohibiting
the city from expending public moneys or making contributions in
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kind to dispense 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.
(4) 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 (1) of this section
or reporting the passage of or distributing such resolution through
the established, customary means, other than paid advertising, by
which such information about the proceedings of the city is
regularly provided to the public.
(5) Nothing in this section shall be construed to prevent a
member of the city council, elected official, or City employee from
expressing a personal opinion on any issue.
(6) Nothing in this section shall be construed as prohibiting
a member of the city council, elected City official or City
employee from expending personal funds, making contributions in
kind or using personal time to urge electors to vote in favor of or
against any issue described in subsection (1) of this section.
(7) Nothing in this section shall be construed as prohibiting
the City from expending public funds to produce and distribute the
election notices and summaries required by Article X, section 20(5)
of the Colorado Constitution.
(8) The provisions of this section shall be enforced as
provided in section 22(2).
section 7-25: campaign funds; use restricted.
(1) No officeholder, 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 nomination, retention,
election or defeat of any candidate or to voter registration, or
political education. The term "political education" shall include
obtaining information from, or providing information to the
electorate, and shall include the establishment of educational
scholarships related to political education. contributions not
expended on behalf of a political committee's campaign or for any
other purpose permitted by subsection (2) of this section, 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 or
for any other purpose permitted by subsection (1) of this section,
upon approval by such committee, may be contributed to any non-
profit or charitable organization or to the state or any political
subdivision thereof, but not to any political party or candidate.
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(2) Notwithstanding the provisions of subsection (l) 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 (1)
of this section.
section 7-26: Expenditures
and charges.
Political Advertising -- rates
No candidate shall pay to any radio or television
station, newspaper, periodical, or other supplier of materials or
services a higher charge than that normally required for local
commercial customers for comparable 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.
Section 7-27: Encouraging
Prohibited.
withdrawal
from
campaign
No person shall pay, cause to be paid, or attempt 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.
section 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 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
candidates 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.
section 7-29: Disclosure of Conflicts of Interest.
(1) For the purposes of this section, the following phrases
shall have the meanings respectively ascribed to them.
(a) Office having a substantial discretionary function
includes all elected officials and spouse.
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(b) A potential conflict of interest exists when the
office holder or spouse is a director, president, general manager,
agent, representative or similar executive officer, or owns or
controls, directly or indirectly, a substantial interest in any
nongovernmental entity participating in the transaction.
(2) Each candidate for elected municipal office in the city
shall disclose, by written memorandum, 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
transaction.
(3) 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.
(4) The written disclosure referred to in subsection (2)
above shall be filed with the office of the city Clerk not later
than fourteen days prior to the municipal election in which the
person is a candidate for office.
section 7-30: Disclosure
Interests.
of
Real
Property:
Business
(1) Each candidate for elected municipal office in the City
shall disclose the following:
(a) All real property and interests therein located in
the City, including the street address or location.
(b)
business with
acquisition of
labor or other
Any and all business interests in regard to doing
the City and/or competing with the City ln
any real property, contracts, options, materials,
pecuniary transactions.
(c) Any business endeavors or interests within the city
with other elected officials.
(2) The disclosures required by this section shall be
submitted in written form to the office of the City Clerk at least
fourteen days before election.
section 7-31: Penalty -- Affirmative Defense.
(1) 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 another to
violate any provision of this article and who is also a candidate
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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.
(2) The City Clerk shall, upon sufficient evidence, hold a
hearing upon the City Clerk's own motion or upon written complaint
to enforce the civil penalty provided for in subsection (1) of this
section. The burden of proof shall be on the accuser. In addition
to the criminal penalty provided for in this section, any person
who knowingly violates any provision of this article involving a
contribution or a contribution in kind shall be subject to a civil
penalty in an amount not to exceed the greater amount of three
hundred percent of the amount of the contribution, or the fair
market value at the time of the contribution in kind, or one
thousand dollars, whichever is less.
(3) It shall be an affirmative defense to a prosecution under
this article that the offender did not have actual knowledge of his
responsibility under this article and was an uncompensated volun-
teer. This affirmative defense shall not be available for use as
a defense by any person who has filed the affidavit required by
section 7-13 or subsection 7-14(4).
(4) The City Clerk, after proper notification by certified
mail shall impose an additional penalty of ten dollars 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 business day on
the day due; except that the appropriate officer may excuse such
penalty for bona fide personal emergencies.
(5) 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 subsequent election until the deficiencies have been
corrected.
Section 7-32: Reimbursement for contributions Prohibited.
No person shall make a contribution to a candidate or to
a political committee with the expectation 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.
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section 7-33: Annual review.
This chapter 7 shall be reviewed each year within sixty
days after adjournment sine die of the Colorado General Assembly,
by the City Clerk in conference with the city Attorney, to ensure
consistency with state law.
ARTICLE IV. RECOUNT
Section 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 days after the date of election, in the event any
candidate for office fails to be elected by one percent or less of
the vote cast for any candidate elected to that same office.
Section 7-35:
Other Recounts or Contests.
Except as
or recounts shall
31-10-1301, et seq.
provided in section 7-34, all election contests
be accomplished in accordance with C.R.S.
Section 2.
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 wel fare of the publ ic, 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.
Section 3.
Severability. If any clause, sentence, paragraph, or part of
this Zoning Code or the application thereof to any person or cir-
cumstances shall for any reason be adjusted by a court of competent
jurisdiction invalid, such judgment shall not affect application to
other persons or circumstances.
Section 4.
Inconsistent Ordinances. All other ordinances or portions
thereof inconsistent or conflicting with this ordinance or any
portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
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section 5.
Effect of Repeal or Modification. The repeal or modification
of any provision of the Code of the City of Wheat Ridge by this
ordinance shall not release, extinguish, alter, modify, or change
in whole or in part any penalty, forfeiture, or liability, either
civil or criminal, which shall have been incurred under such
provision, and each provision shall be treated and held as still
remaining in force of the purposes of sustaining any and all proper
actions, suits, proceedings, and prosecutions for the enforcement
of the penalty, forfeiture, or liability, as well as for the
purpose of sustaining any judgment, decree, or order which can or
may be rendered, entered, or made in such actions, suits,
proceedings, or prosecutions.
section 6.
Effective Date.
passage.
This Ordinance shall take effect upon
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8
to 0 on this 24th day of July, 1995, 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
August 14, 1995, at 7:00 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 14th day of August, 1995.
SIGNED by the Mayor on this 15th day of August, 1995.
~~
DAN WILDE, MAYOR
rk
APPROVEQ-----A" TO FORM BX
ATTORNE:Y \
/
1st Publication:
2nd Publication:
Wheat Ridge sentinel
Effective Date:
August 3, 1995
August 31, 1995
August 14, 1995
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