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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 No. 1995-1006, ~ 1, adopted Aug. 14, 1995, repealed former Ch. 7, which contained similar subject matter and was derived from Code 1977, ~ 5A-l and from the following ordinances: Ord.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