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HomeMy WebLinkAboutOrdinance-2002-1247 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. 13-7002 Ordinance No. 1247 Series of 2002 TITLE:AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE CONDUCT OF MUNICIPAL ELECTIONS, WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado; and WHEREAS, pursuant to this home rule authority the City has the power to adopt an election code which governs the conduct of municipal elections; and WHEREAS, the City has previously adopted municipal election provisions, codified at Chapter 7 of the Code of Laws of the City of Wheat Ridge (the "Code"); and WHEREAS, Section 7-33 of the Code requires the City Clerk and City Attorney to annually review Chapter 7 after adjournment of the Colorado General Assembly "to ensure consistency with state law;" and WHEREAS, the City Council finds and determines that the requirement imposed by Section 7-33 to continuously update Chapter 7 for the purpose of essentially duplicating state law is administratively burdensome and increases the risk of candidate confusion; and WHEREAS, the City Council now desires to repeal and reenact Chapter 7 of the Code to eliminate those provisions which unnecessarily duplicate state law and simplify the Code's municipal election provisions. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 7 of the Code of Laws of the City of Wheat Ridge IS hereby repealed and reenacted to read in its entirety as follows: CHAPTER 7 ELECTIONS Sec. 7-1. Sec. 7-2. Sec. 7-3 Sec. 7-4. See, 7-5. Sec 7-6. Sec. 7-7, Sec, 7-8. Sec. 7-9. Sec. 7-10. Sec, 7-11. State election codes adopted, Applicability of chapter. Residency requirement for city offices, City clerk; definition and duties, Reporting requirements; candidates. Reporting requirements; persons. Filing; where to file; timeliness. Write-in candidate affidavit. Violations; penalties. Hearings; affirmative defense, Automatic recount. Sec. 7-1. State Election Codes adopted. Except as otherwise provided by charter or ordinance, including the provisions of this chapter, the following statutes, as the same presently exist or as they may be in the future amended, are hereby adopted by the city and shall govern the conduct of all elections held within the city: (a) C,R,S. 31-10-101 et seq" also known as the "Colorado Municipal Election Code," (b) C.R.S. 1-1-102 et seq" also known as the "Uniform Election Code," and Act." (c) C.R.S. 1-45-101 et seq., also known as the "Fair Campaign Practices Sec. 7-2. Applicability of chapter. (a) The provisions of this chapter 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. (b) Failure to comply with the provisions of this chapter in any respect shall have no effect on the validity of any election, issue, statewide issue or bonds CNB\53027\406787.01 2 issued pursuant to law, except that the penalties provided In Section 7-9 for a candidate shall still apply. Sec. 7-3. Residency requirement for city offices. 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 immediately proceeding 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 simultaneously, 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 been a resident of the city and the district from which he is to be elected for a period of at least twelve (12) consecutive months immediately preceding the date of election, Sec. 7-4. City clerk; definition and duties. (a) "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, (b) The city clerk shall. (1) Prescribe forms for statements and other information required to be filed by this chapter and furnish such forms and information free of charge for use by candidates and other person required to file such statements and information under this chapter. (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 chapter. (3) Develop a filing and indexing system for election materials consistent with the purpose of this chapter. CNB\53027\406787.01 3 (4) Make the reports and statements filed with the city clerk's office available for public inspection and copying at the expense of the person requesting the same (5) Conduct hearings as provided in Section 7-10 of this chapter. (6) The city clerk shall immediately notify the person required to file a report or statement as required by this chapter or state law if it appears that the person has failed to file such report or statement or that such a document duly filed does not conform with the applicable requirements (c) The city clerk is authorized to impose a penalty of ten dollars ($10,00) per day for each day past the due date that a statement or other information required to be filed by this chapter or by applicable state law is not filed, except that the city clerk may excuse such penalty for bona fide personal emergencies Sec. 7-5. Reporting requirements; candidates. (a) The candidate or campaign treasurer shall file all permits and reports required by law. (b) 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. (c) Each report required by this section shall contain the following information: (1) 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 contribution in kind in excess of one hundred dollars ($100.00), 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. Sec. 7-6. Reporting requirements; persons. (a) Each person who makes any expenditure directly or indirectly in an aggregate amount exceeding one hundred dollars ($100.00) in support of or in CNB\53027\40678701 4 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 before the election and thirty (30) days after the election, These reports shall include expenditures made up to five (5) days prior to the filing date, (c) The report shall contain the following information: (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 opposition to any such candidate or issue during 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. Sec. 7-7. Filing; where to file; timeliness. (a) For the purpose of meeting the filing requirements of this chapter and applicable state law, 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 chapter 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. Sec. 7-8. 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 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, Sec. 7-9. Violations; penalties. CNB\53027\40678701 5 (a) Any person who knowingly violates any provision of this chapter or who gives or accepts any contribution or contribution in kind required to be reported under sections 7-5 or 7-6 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. (b) In addition to the criminal penalty provided for in this section, any person who knowingly violates any provision of this chapter 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 (300%) 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), whichever is less. (c) Any person who conspires with another to violate any provIsion of this chapter and who is also a candidate shall, in addition to any other penalty provided in this section, forfeit the right to assume the nomination or to take the oath for the office to which the candidate may have been elected, unless such person 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, (d) No person who has not fully complied with the provisions of this chapter shall be permitted to be a candidate for any public office in any subsequent election until the deficiencies have been corrected, Sec. 7-10. Hearings; affirmative defense. (a) Any person who believes a violation of this chapter has occurred may file a written complaint with the city clerk no later than sixty (60) days after the date of the final report of a candidate or political committee. The clerk, upon sufficient evidence produced by such complaint or upon the clerk's own motion, shall conduct a hearing, either personally or through a designee, subject to appropriations made to the city clerk. 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, (b) 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. CNB\53027\40678701 6 (c) 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 chapter Said special prosecutor shall likewise act as a the prosecutor of any complaints filed in the city's municipal court for violations of this chapter. 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, (d) It shall be an affirmative defense to a prosecution under this section that the offender did not have actual knowledge of his responsibility under this chapter and was an uncompensated volunteer. This affirmative defense shall not be available for use as a defense by any person who has filed an affidavit pursuant to Sec. 1-45-110, C,R.S., as such section presently exists or is hereafter amended. Sec. 7-11. 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 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 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 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. Section 3. Severability; Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby, All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed, Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5,11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 22nd day of April, 2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration CNB\53027\406787.01 7 on final passage set for May 13 , 2002, 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 1 ,this 13th day of May , 2002 SIGNED by the Mayor on this 14th day of May ,2002 / ATTEST. ~)Ji~ ,,~,,-"1 Wanda Sang, City~rk Approved As To Form V!:{dtJ~itJ Gerald E. Dahl, City Attorney First Publication: April 25, Second Publication: May Wheat Ridge Transcript: Effective Date: 2002 16, 2002 May 31, 2002 CN8\53027\40678701 8