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HomeMy WebLinkAboutOrdinance-1990-0851 INTRODUCED BY COUNCILMEMBER Brouqham Ordinance No. 851 Series of 1990 TITLE: AN ORDINANCE ELECTIONS, OF RIDGE. AMENDING THE PROVISIONS OF CHAPTER 7, THE CODE OF LAWS OF THE CITY OF WHEAT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: section 1. Article I of Chapter 7, Elections, of the Code of Laws of the city of Wheat Ridge is hereby amended by adding the following sections 7-2, 7-3, and 7-4: Sec. 7-2. Residency Requirement for City Councilmembers. Every registered elector eighteen (18) years of age or older on the date of the election may be a candidate for, and hold the office of, city councilmember within the City provided that said elector has resided within the City limits of the City of Wheat Ridge for a period of least twelve (12) consecutive months immediately preceding the date of the election, and provided that said registered elector is a resident of, and a registered elector within, the District from which he is elected on the date of his election. The intent of this section is to require all candidates for public office to be a resident of the City for one (1) year prior to the election, but said one (1) year requirement shall not be extended to include having been a resident of the District from which the person is elected for the entire twelve (12) month period described above. Sec. 7-3. Municipal Election Code adopted; exception. Except as is specifically provided in Section 7-2 above, the "Colorado Municipal Election Code of 1965" as the same presently exists or as may in the future be amended, is hereby adopted by the City of Wheat Ridge, and shall govern the conduct of all elections held within the City of Wheat Ridge; provided, however, that the City council of the City of Wheat Ridge, as the legislative body of a Colorado Home Rule Municipal Corporation, may adopt ordinances which specifically supercede the provisions of the Municipal Election Code. Sec. 7-4. Order of Names of Candidates appearing on ballot. The names of all candidates for each the City of Wheat Ridge shall appear alphabetical order. elective office within upon the ballot in Section 2. There is hereby created a new Article II of Chapter 7 of the Code of Laws of the City of Wheat Ridge, which shall be comprised of sections 7-10 through 7-13, inclusive as follows: ARTICLE II. CANDIDATE CONDUCT Sec. 7-10. No candidate for office, nor any member of his family, nor any member of any political committee (as defined in section 7-23 of this Code of Laws) working on behalf of or opposed to said candidate or any issue shall be or remain within a polling place during the course of an election day, except when said person is voting. During the time said person, whether a candidate, a member of the candidate's family, or a member of a political committee supporting or opposing a candidate, is present at the polling place, said 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 specifically not be applied so as to preclude the appointment of, and performance of duties by, those poll watchers specifically designated and authorized by Colo. Rev. Stat. 31-10-602. Sec. 7-11. No candidate, member of the candidate's family, or member of a political committee either in favor of or opposed to said candidate shall be allowed to remain in the area where votes are actually being cast and/or counted following that person's casting of his own vote; provided, however, that this prohibition shall not be applied to those persons designated as, and performing the duties of, poll watchers pursuant to Colo. Rev. stat. 31-10-602. Sec. 7-12. issues. Anonymous statements concerning candidates or (1) Any person, candidate or political committee who willfully causes to be published or printed or who intentionally causes to be distributed any card, pamphlet, circular, poster, dodger, advertisement, or other writing relating to any candidate for election for any office or relating to any issue which is to be submitted to the electors in any election provided by law which does not contain, clearly set apart from the text and identifying them as sponsors, the names of the persons, associations, committees, or corporations responsible for the publication, printing, or distribution of the same and the name of the president, chairman, or responsible official of each such association, committee, or corporation is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-5 of this Code of Laws; provided, however, that nothing contained herein shall require a campaign sign for lawn, auto, or window display to contain such identification. (2) Subsection (1) person who distributes, of this section shall not apply to any publishes, or prints any such card, 2 pamphlet, circular, poster, dodger, advertisement, or other writing but who is not responsible for authoring, authorizing, paying for, or ordering the material. (3) The city Council declares that the purpose of subsections (1) and (2) of this section is to further the compelling public interest in preserving the integrity of the election process by providing a means of identifying those persons who author, authorize, pay for or order the publishing, printing, or distributing of campaign materials. Such identification is intended to ascertain the source of statements that are fraudulent, libelous, false, or erroneous and as a result to insulate the election process from such statements. Such identification is also intended to help the voters make informed decisions by permitting interested person to ascertain and evaluate the source of the statements. Sec. 7-13. violations; penalty. Any person, political committee, or entity violating any of the provisions of this Article II shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties set forth in section 1-5 of the Code of Laws of the City of Wheat Ridge. Section 3. Article II. Code of Ethics of Chapter 7 of the Code of Laws of the City of Wheat Ridge is hereby repealed and reenacted as Article III. Code of Ethics, as follows: ARTICLE III. CODE OF ETHICS Sec. 7-21. Title; purpose; This article shall be known and cited as the "Wheat Ridge Code of Ethics for Municipal Elections." 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. Sec. 7-22. 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 government through a more informed electorate. 3 Sec. 7-23. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: campaign treasurer means the treasurer of any candidate for election to any elected municipal office or of any political committee. A candidate may appoint himself campaign treasurer. Candidate means any person who: (1) Seeks election to any elected municipal office which is to be voted for in this city at any municipal election. A person is a candidate for election if he has publicly announced his intention to seek election to municipal office, has filed nominating petitions for municipal office in a nonpartisan election, or has been chosen to fill any vacancy; (2) As an incumbent, still has an unexpended balance of contr ibutions or a debt or def ici t or who receives contributions or contributions in kind. city Clerk is the elected City Clerk, or the designee of the City Clerk. Any reference in this article to "appropriate officer" shall be a reference to the City Clerk. contribution means a gift, loan, or advance of money or a guarantee of a loan made to or for any candidate or political committee for the purpose of influencing the passage or defeat of any issue or the retention, election, or defeat of any candidate. Contribution includes a transfer of any money between one (1) political committee and another; a gift of money to or for any incumbent in public office from any other person, the purpose of which is to compensate him for his public service or to help defray his expenses incident thereto but which are not covered by official compensation; the payment of any money by any person, other than a political committee working on a candidate's behalf, for political services rendered to the candidate or political committee; any payment made to third parties at the request of or with the prior knowledge of a candidate, political committee, or agent of either; and 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. 4 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. contribution in kind includes a gift or loan or any item of real or personal property other than money, to or for any incumbent in public office from any other person, the purpose of which is to compensate him for his public service or to help him defray his expenses incident thereto but which are not covered by official compensation. 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. Elected municipal office means the offices of mayor, member of city council, city clerk and city treasurer. Election means any general or special election at which an issue is submitted to the electorate permitted by law. Election includes a recall pursuant to law, and also includes election for referendum. or any election as required or election held ini tiati ve and 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 issue or the retention, election, or defeat of any candidate. 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. Issue means an proposition or initiated or referred measure which is to be submitted to the electors for their approval or rejection. An issue includes the recall of any officer as provided by law. 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. Political committee includes any political party or committee thereof at any level or a political organization as defined in C.R.S. 1-1-104. Political committee also includes a separate political education or political action fund or committee which is associated with an organization 5 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 . Political committee also includes any persons who have not accepted contributions or contributions in kind or made expenditures but who have identified themselves as a committee in campaigning for or against a political candidate or for or against an issue at any municipal election. Sec. 7-24. Applicability of article. (a) The provisions of this article shall apply to any elected office or to any election upon any issue within the city. (b) Failure to comply with the provisions of this article in any respect shall have no effect on the validity of any election or issue, or bonds issued pursuant to law: except that the penalty provided in section 7-43 for a candidate shall still apply. Sec. 7-25. Filing: where to file. (a) For the purposes of meeting the filing requirements of this article, candidates for elected municipal office or political committee shall file all required filings in the office of the City Clerk in the Municipal Building. (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, provided that such receipt by the City Clerk is made in the City Clerk's office in the City's Municipal Building. (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 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 7-27. Sec. 7-26. Candidate affidavit; disclosure statement. When any individual becomes a candidate, such individual shall certify, by affidavit filed with the City Clerk within ten (10) calendar days of becoming a candidate, that he is familiar with the provisions of this article. Any contributions or expenditures received or made in behalf of the candidacy of such individual prior to the filing of such affidavit shall be reported in the first reporting period, and such report shall include the information required under section 7-29, subsection (d). Nothing in this section shall prohibit an individual from filing such 6 affidavit prior to the time he becomes a candidate. person to file an affidavit as required by this result in the disqualification of such person as a Failure of any section shall candidate. 7. Sec. 7-27. organization of political committees. (a) Every political committee supporting or opposing a candidate or issue shall file a statement of organization with the City Clerk no later than five (5) business days after opening a bank account as required by section 7-28, or twenty (20) calendar days prior to the election, whichever is earlier. (b) The statement of organization shall include: (1) The name, the address, the candidate or issue it supports or opposes, and any other purpose of the committee; (2) The name and address of the campaign treasurer of the political committee. (3) Proof of the existence of a bank account is required in section 7-28, and proof of the date of the initial deposit made therein. (c) 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 five (5) business days after opening a bank account. Reports of contributions and expenditures shall be filed with the City Clerk within five (5) business days after the filing of the statement of organization and every thirty (30) calendar days thereafter until the date of the recall election has been established, at which time the political committee shall follow the provisions of section 7-29. (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) calendar days of filing the required statement of organization, a statement that the person signing the affidavit is familiar with the provisions of this article. Previously organized political committees are likewise required to file an affidavit under this section 7-27(d). Sec. 7-28. Deposit of contributions. All contributions received by a candidate or political committee shall be deposited no later than five (5) business days after receipt by the candidate or political committee 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 (60) calendar days after submission of the final report unless a complaint is filed, in 7 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. Sec. 7-29. Reports; certification and filing. (a) The campaign treasurer shall file reports of all contributions received and all expenditures made by or on behalf of such candidate or political committee. Reports shall be filed fourteen (14) calendar days before and thirty (30) calendar days after any election. Filings shall be complete as of five (5) calendar days prior to the filing date. All reports herein required to be filed shall be filed in the office of the City Clerk in the Municipal Building no later than 5:00 p.m. on the date said report is due. (b) Any incumbent in, or elected candidate to, public office who receives any contribution or contribution in kind from any other person, the purpose of which is to compensate him for his public services or to help him defray his expenses incident thereto but which are not covered by official compensation, shall file with the City Clerk, on or before January 15 of each year, a supplemental report shall be on forms prescribed by the city clerk and shall contain substantially the same information as prescribed in subsection (d) of this section. (c) All reports required by this section shall be filed with the City Clerk and shall be open to inspection by the pubic 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 registered mail with respect to any deficiencies found. The campaign treasurer shall have three (3) calendar days from receipt of such notice to file an addendum to the report providing all information deemed necessary to complete 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 beg inning 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 contribution in kind i 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; 8 (3) The total sum of all contributions and contributions in kind to or for such candidate 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 excess of twenty-five dollars ($25.00), 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; (5) The total sum of all expenditures made by such candidate or political committee during 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 provisions of this section and section 7-26 shall not apply to any association, political party, political organization, corporation, labor organization or other group of persons which receives contributions or contributions in kind from any person through events such as dinners, luncheons, rallies or other fund- raising events if such contributions 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 committee; except that the provisions of paragraph (2) of subsection (d) of this section shall apply to any such organization or group of persons for each individual contribution or contribution in kind which exceeds twenty-five dollars ($25.00). The reporting provisions of this section shall apply to the organization or group of persons receiving such contributions or contributions in kind. (f) Notwi thstanding any other reports required under this section, the campaign treasurer shall file reports of any contribution or contribution in kind in excess of five hundred dollars ($500.00) received by the candidate or political committee at any time within sixteen (16) calendar days preceding the election. This report shall be filed in the office of the city Clerk at the Municipal Building no later than forty-eight (48) hours after receipt of such contribution. Sec. 7-30. Unexpended contributions and expenditure deficits. (a) Any report filed under section 7-29 shall be final unless it shows an unexpended balance of contributions or expenditure deficit, or if any additional contributions have been received, in which event a supplemental report shall be filed one (1) year after the election to which it applied and annually thereafter until such 9 report shows no such unexpended balance and no such deficit. In the event the status of the balance or 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. (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) calendar days after the election to which it applied, the candidate shall file, annually on the anniversary 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. 11. Sec. 7-31. Reporting requirements, persons. Not less than eleven (11) calendar days before an election and not more than thirty (30) calendar days after the date of an election, each person who makes any expenditure, directly or indirectly, in an aggregate amount exceeding one hundred dollars ($100.00) in support of or in opposition to any specific candidate or issue, other than by contribution or contribution in kind to a candidate or political committee directly, shall file an individual statement of the expenditure with the appropriate officer, which 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 such expenditure; (2) The total sum of all expenditures made in support of or in opposition to any such candidate or issue. Sec. 7-32. Limitations on cash contributions. No person shall make any contribution in currency or coin exceeding one hundred dollars ($100.00) in support or in opposition to any candidate, political committee or issue. Sec. 7-33. Limitations on expenditures in cash. No candidate or political committee shall make any expenditure In currency or coin exceeding one hundred dollars ($100.00) for any 10 purpose related to such candidate's campaign or to the passage or defeat of an issue. Sec. 7-34. Duties of the city clerk - Generally. (a) The city clerk shall: (1) Prescribe forms for statements and other information required to be filed by this article and furnish such forms an information free of charge for use by candidates 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, 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 by duplicating 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 contributions 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 person or entity which has made the erroneous filing shall be afforded three (3) calendar days from the date of notification of the error by the City Clerk to file a corrected report or 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 (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 11 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 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. (b) Any person who believes a violation of this article has occurred may file a written complaint no later than sixty (60) calendar 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 such a violation has occurred, the City Attorney, or, if applicable, a special prosecutor shall (1) institute a civil action for relief in a court of competent jurisdiction, which shall include the Wheat Ridge Municipal Court; or (2) institute a criminal action in the Wheat Ridge Municipal Court. Nothing contained herein shall preclude any person from seeking any lawful remedy for violation of any state law applicable to elections which is not superseded by this Chapter 7. Sec. 7-35. Same - 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. (2) A written complaint is filed with the city clerk by any registered elector, pursuant to section 7-34, subsection (b), 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. (b) After any statement is filed under subsection (a): 12 (1) 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 (1) year after the date of receipt. Thereafter, such statements shall be disposed of. (2) Notwithstanding the provisions of paragraph (1) of this subsection, any statement required to be filed under this article shall be preserved until any complaint initiated is resolved. Sec. 7-36. Limitations on contribution by city government. The city, acting through its city council, shall make no contribution or contribution in kind in campaigns involving the nomination, retention or election of any person to any public office, or in favor of or oppossed to an issue, as defined in section 7-23. Sec. 7-37. Use of campaign funds restricted. No candidate or campaign treasurer shall use any contribution or contribution in kind received from any person for private purposes not reasonably related to influencing the passage or defeat of any issue or the retention, election or defeat of any candidate or to voter registration or political education. Contributions not expended on behalf of a political of a political committee's campaign seeking to influence the passage or defeat of any issue, upon approval by such committee, may be contributed to a nonprofit or charitable organizations or to the city, or to any nonpartisan candidate or political committee's campaign seeking to influence that passage or defeat of any issue. Sec. 7-38. Expenditures for political advertising; rates and charges. 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. 13 Sec. 7-39. Encouraging withdrawal from campaign prohibited. 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. Sec. 7-40. write-in candidate affidavit. No write-in vote for any elected municipal office shall be counted unless an affidavit of intent has been filed with the City Clerk by the person whose name is written in prior to five (5) calendar days before the day of the election indicating that such person desires the office and is qualified to assume the duties of that office if elected. Sec. 7-41. Disclosure of conflicts of interest. (a) For the purposes of this section, the following phrases shall have the meanings respectively ascribed to them: (1) Office having a substantial discretionary function includes all elected officials. (2) Potential conflict of interest exists when the office holder 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. (b) 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. (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 subsection (b) of this section shall be filed with the office of the city clerk, not later than two (2) weeks prior to the municipal election in which the person is a candidate for office. 14 Sec. 7-42. Disclosure of real property, business interests. (a) Each candidate for elected municipal office in the city shall disclose the following: (1) All real property and interest 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, materials, labor or other pecuniary transactions; (3) Any business endeavors or interests within the city with other elected officials. (b) The disclosures of section 7-41 of this article shall be submitted in written form, at least fourteen (14) calendar days before election, to the office of the city clerk. Sec. 7-43. 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 7-29 in such a way as to hinder or prevent identification of the true donor commits a misdemeanor and shall be punished as provided in section 1-5 of the Code. Any such person who conspires with another to violate any provision of this article and who is also a candidate shall, in addition, forfeit his right to take the oath for the office to which he may have been elected, unless he has already taken such 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 such office shall be filled as provided by law. Pursuant to the provisions of Colo. Rev. stat. 24-4-105(7), the burden of proof shall be upon the person or entity alleging knowing violations of, or a conspiracy to violate, the provisions of this Article III. (b) It shall be an affirmative defense to prosecution under this article that the offender did not have actual knowledge of his responsibility under this article and was an uncompensated volunteer. The affirmative defense provided for in this section 7-43(b) shall not be available for use as a defense by any person who has filed the affidavit required by section 7-26 or Section 7- 27(d) of this Article III. (c) The appropriate officer, after proper notification by certified mail, shall impose an additional penalty of not more than ten dollars ($10.00) per day for each day that a statement or 15 other information required to be filed by this article is not filed, and the date of filing shall be the date of the postmark if the report is mailed; except that the appropriate officer may excuse such penalty for bona fide personal exigencies. (d) 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 a ny subsequent election until the deficiencies have been corrected. Sec. 7-44. Supersedes state law. The intent of the city Council of the City of Wheat Ridge is that the provisions of this Article III of Chapter 7 of the City's Code of Laws shall supersede, within the boundaries of the City of Wheat Ridge, the provisions of Colo. Rev. stat. 1-45-101. section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. section 5. Safetv 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 property legislative object sought to be attained. section 6. This ordinance shall become effective 45 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 22nd day of October , 1990, 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 Monday, November 26 , 1990, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, reading by a vote of November AND ORDERED PUBLISHED on 8 to 0 this 26th 1990. second and day of final SIGNED by the Mayor on this 1990. 28th day of November 16 ~J~ Dan wilde, Mayor ATTEST: ~- --, I /1, ~j~LI! " Wanda ~~~~, City"~erk 1st Publication: October 31, 199 2nd Publication: December 5, 1990 Applewood/Wheat Ridge Transcript: Effective Date: January 19, 1991 17