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Home My WebLink AboutOrdinance-1997-1074 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Worth Council Bill No. 11 Ordinance No ---.lJl.l4 Series of 1997 TITLE AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 7 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO ELECTIONS WHEREAS, Section 7-33 of the Wheat Ridge Code of Laws requires that Chapter 7 be updated annually to ensure its consistency with state law, and WHEREAS, Senate Bill 96-082 amended the Colorado Campaign Reform Act of 1974 found at C R S ~ 1-45-101, et seq, and WHEREAS, it .is necessary to incorporate the Senate Bill 96-082 changes in the Colorado Campaign Reform Act into Chapter 7 of the Wheat Ridge Code of Laws in order to keep Chapter 7 consistent with state law, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS Section 1 Subsection (c) of Section 7 -10 of the Wheat Ridge Code of Laws IS amended to read as follows (c) The provisions of the Color3do C3mp3ign Roform FAIR CAMPAIGN PRACTICES Act, 1-45-101, et seq , C.R.S., are superseded by this chapter Section 2 Section 7-10 of the Wheat Ridge Code of Laws is amended to read as follows (9) Expenditure means the payment, distribution, loan or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 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 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 3. "Indopondont O)(pondituro" m03ns 3n O)(pondituro by 3 porson or c3mp3ign tro3suror; "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE BY A PERSON OR CAMPAIGN TREASURER GED\53027' 1 f)S6~1.2 eA 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 candidate'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 calldldate, the candidate's political committee, or an agent of the candidate, and which IS IlOt made In concert with, or iJt the request or suggestion of, the candidate, the candidate's political committee, or an agent of the candidate, or BB 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 OR OPPOSING such issue, and which is not made in concert with, or at the request or suggestion of, such political committee ( 12) Political committee means any two (2) or more persons who are elected, appointed or chosen or who have associated themselves or cooperated for the purpose of accepting CONTRIBUTIONS OR contributions in kind or making expenditures to support or oppose a candidate for public office at any election or seek to influence the passage or defeat of any issue "Politioal committee" includes any politiciJl piJrty or committee thereof iJt iJn'llevel or iJ politiciJl orgiJnization iJS defined in C.R.S. 1 1 -+G4-c-" 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 organization 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, partnership, 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 Section 3 follows Section 7-16(g) of the Wheat Ridge Code of Laws is amended to read as (g) Any person or campaign treasurer making an Independent expenditure of five hundred dollars ($ 500 00) or more, at any time iJfter the sixteenth diJ'y' but more thiJn twenty four (2~) 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 (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 whichTHAT was made for the purpose of furthering an independent expenditure GED\5JQ27' 165633.2 -2- Any person or campaign treasurer filing the report pursuant to the above paragraph 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 THE COPY OF THE REPORT SHALL BE PROVIDED TO SUCH CANDIDATE OR POLITICAL COMMITTEE WITHIN TWENTY FOUR (241 HOURS AFTER THE INDEPENDENT EXPENDITURE IS MADE Section 4 Section 7-25 of the Wheat Ridge Code of Laws is amended to read as follows (a) 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 NONPARTISAN CANDIDATE'S politic~1 committee's campaign or for any other purpose permitted by THIS subsection (b) 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 THIS subsection (Q) of this section, upon approval by such committee, may be contributed to any non-profit or charitable organization 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 subsection (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 PURPOSES (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 HOLDING PUBLIC OFFICE Section 5 Safety Clause The City Council hereby finds, determines and declares that this ordinance IS promulgated under the police powers 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 objective sought to be attained Section 6 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 judged by a court GeD\53027' 165fi33.2 -3- of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances Section 7 Effective date This ordinance shall take effect upon passage at second reading INTRODUCED, READ, AND ADOPTED on first reading by a vote of _lL to ~ on this ~t]liJay of March ,1997, 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 April 14 , 1997, at 7 o'clock pm, 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 8 to ~, this 14th day of April , 1997 /- l /1. ~., r - , )'~ i' /.' ..f:f?".i:/ /L. . '-',/../U t.d'v -D-9-N WILDE, MAYOR f''''-<. '11"",,- ATTEST , , ~/v~ 1 st Publication March 28, 1997 2nd Publication April 18, 1997 Wheat Ridge Transcript Effective Date April 14, 1997 l-iFll..!l:H127 "1651:333.2 -4-