A BILL FOR AN ORDINANCE AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 1, ELECTIONS, OF THE GREENWOOD VILLAGE MUNICIPAL CODE

Transcription

1 A BILL FOR AN ORDINANCE ORDINANCE NO. 03 SERIES OF 2013 INTRODUCED BY: COUNCILMEMBER TODD AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 1, ELECTIONS, OF THE GREENWOOD VILLAGE MUNICIPAL CODE WHEREAS, the definitions section and other sections of the Elections chapter of the Greenwood Village Municipal Code has not been updated since 1997; and WHEREAS, changes have been made to Article XXVIII - Campaign and Political Finance - of the Colorado Constitution and the Colorado Fair Campaign Practices Act; and WHEREAS, the Greenwood Village Municipal Charter provides that city elections shall be governed by the Colorado Municipal Election Laws, except as otherwise provided in the Charter or by ordinance hereafter enacted; and WHEREAS, the Colorado Fair Campaign Practices Act, C.R.S et seq., provides that the requirements of Article XXVIII of the state constitution and the Act do not apply to home rule municipalities that have adopted charters or ordinances that address matters covered within each. WHEREAS, despite having adopted its own election provisions, to maintain consistency and take advantage of court opinions with regard to campaign practices, the Greenwood Village City Council desires to update the Elections chapter of the Greenwood Village Municipal Code to more closely resemble the verbiage in state law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GREENWOOD VILLAGE, COLORADO, ORDAINS: Section 1. Section , Definitions, of the Greenwood Village Municipal Code is hereby amended as follows: Candidate committee means a person, including the candidate, or persons with the common purpose of receiving contribution or making expenditures under the authority of a candidate. A contribution to a candidate shall be deemed a contribution to the candidate' s candidate committee. A candidate shall have only one candidate committee. A candidate committee shall be considered open and active until affirmatively closed by the candidate or by action of the appropriate authority. Electioneering communication means any communication broadcasted by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residence or otherwise distributed that: a. Unambiguously refers to any candidate; and

2 b. Is broadcasted, printed, mailed, delivered, or distributed within thirty days before a primary election or sixty days before a general election; and c. Is broadcasted to, printed in a newspaper distributed to, mailed to, delivered by hand to, or otherwise distributed to an audience that includes members of the electorate for such public office. d. Electioneering communication does not include any news articles editorial endorsements, opinion or commentary writings, or letters to the editor printed in a newspaper, magazine or other periodical not owned or controlled by a candidate or political party; any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or political party; and communication by persons made in the regular course and scope of their business or any communication made by a membership organization solely to members of such organization and their families ; or any communication that refers to any candidate only as part of the popular name of a bill or statute. Expenditure means the payment, purchase, distribution, deposit, loan or advance or gift of any money or contribution in kind by any person, candidate, political committee or agent of either for the purpose of influencing the passage or defeat of any candidate or issue. Expenditure does not include services provided without compensation by any candidate or political committee or expenditures from the candidate's own funds for his or her personal or family activities. An expenditure occurs when any of the following first occurs: the actual payment is made, goods are first delivered or services commence, or when there is a contractual agreement is reached and the amount is determined. Independent expenditure means an expenditure that is not controlled by or coordinated with any candidate or agency of such candidate. Expenditures that are controlled by or coordinated with a candidate or candidate's agent are deemed to be both contributions by the maker of the expenditures and expenditures by the candidate committee. Issue committee means any person, other than a natural person, or any group of two or more persons, including natural persons having as a major purpose supporting or opposing any ballot issue or ballot question or that has accepted or made contributions or expenditures in excess of two hundred dollars to support or oppose any ballot issue or ballot question. a. Issue committee does not include political parties, political committee, small donor committees, or candidate committees as otherwise defined in this section. b. An issue committee shall be considered open and active until affirmatively closed by such committee or by action of the appropriate authority. Person means any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. Political committee means any person, other than a natural person, or any group of two or more persons including natural persons that have accepted or made contributions or expenditures in excess of $200 to support or oppose the nomination or election of one or more

3 candidates, and includes committees established, financed, maintained, or controlled by a single corporation or its subsidiaries. a. Political committee does not include political parties, Issue committees, or candidate committees as otherwise defined in this section. b. For the purposes of this article, the following are treated as a single political committee: (l) All political committee established, finauced, maintained, or controlled by a single corporation or its subsidiaries; (2) All political committees established, finauced, maintained, or controlled by the same political party. Political party meaus any group of registered electors who, by petition or assembly, nominate caudidates for the official general election ballot. "Political party" includes affiliated party organizations at the state, county and election district levels, and all such affiliates are considered to be a single entity for the purposes of this article unless otherwise provided. Small donor committee means any political committee that has accepted contributions only form natural persons who each contributed no more than fifty dollars in the aggregate per year. For purposes of this section, dues transferred by a membership organization to a small donor committee sponsored by such organization shall be treated as pro-rata contributions from individual members. a. Small donor committee does not include political parties, political committees, issue committees, or candidate committees as otherwise defined in this section. b. For purposes of this article, the following are treated as a single small donor committee: (l) All small donor committee established, financed, maintained or controlled by a single corporation or its subsidiaries; (2) All small donor committee established, finauced, maintained, or controlled by the same political party; (3) All small donor committees established, financed, maintained, or controlled by substantially the same group of persons. Section 2. Section , Ballots, of the Greenwood Village Municipal Code is hereby amended as follows: Sec Ballots. (a) The names of all candidates for each elective municipal office within the City shall be placed upon the ballot by drawing lots. (b) The City Council may, by resolution, direct that a regular or special election shall be coordinated with the County. (c) 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 authorized. When an election by mail ballot is held aud coordinated with the

4 County, the City shall comply with all provisions of the "Mail Ballot Election Act," Section , et seq., C.R.S. When an election by mail ballot is held and not coordinated with the County, drop off location(s) shall be determined by the City Clerk, who shall also be responsible for receiving and preparing mail ballots for tabulation in accordance with procedures promulgated by the City Clerk. Section 3. Section (a), Filing, of the Greenwood Village Municipal Code is hereby amended as follows: Sec Filing; where to file; timeliness. (a) For the purpose 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. Facsimile and electronic copies shall be accepted; provided that original documents are received by the City Clerk within five (5) days from the date of the facsimile or electronic filing. Section 4. Section , Report; certification and filing, of the Greenwood Village Municipal Code is hereby amended as follows: Sec Reports; certification and filing. (a) All candidates, candidate committees, political committee, issue committees, small donor committees and political parties shall file reports of all contributions received, including proceeds of loans, and all expenditures made by or on behalf of such committee or party. In the event that no contributions have been received or expenditures made a report shall be filed stating such status. Reports shall be filed fourteen (14) 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. Facsimile or electronic copies shall be accepted; provided that the original documents are received by the City Clerk within five (5) days. (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 Section. (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. (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, candidate committee, issue committee, small donor committee or political committee within the reporting period in excess of twenty-fi. e dollars ($20~.00) or a contribution in kind in excess of one hundred dollars ($100.00), together with the

5 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. (3) The total sum of all contributions and contributions in kind to or for such candidate, candidate committee, issue committee, small donor committee 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, candidate committee, issue committee, small donor committee or political committee within the reporting period in excess of twenty...fi. e dollars ($20~.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, candidate committee, issue committee, small donor committee or political committee during the reporting period, (6) The name and address of any bank or other depository for funds used by the candidate, candidate committee, issue committee, small donor committee or political committee. (e) The reporting provisions of Subsection (d) and Section shall apply to any candidate, candidate committee, issue committee, small donor committee or political committee which receives contributions or contributions in kind from any person through donations or through events such as dinners, luncheons, rallies or other fund-raising events if such contributions or contributions in kind are intended to be 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, candidate committees, issue committees, small donor committees or political committees. The reporting provisions of this Section shall also apply to the candidate, candidate committee, issue committee, small donor committee or political committee receiving such contributions or contributions in kind. (f) Any person who expends one thousand dollars ($1,000.00) or more per calendar year on electioneering communications shall report the amount expended or in kind contribution toward the communications and the name and address of any person that contributes more than two hundred fifty dollars per year ($250.00) to the person expending one thousand dollars or more on the communications. If the person making a contribution or contribution in kind of more than two hundred fifty dollars is a natural person, the disclosure required by this section shall also include the person's occupation and employer. Section 5. Section , Report; certification and filing, of the Greenwood Village Municipal Code is hereby amended as follows: Sec Campaign contribution limits. Candidate campaign contributions, including in kind contributions are limited to two thousand dollars ($2,000.00) per person per candidate per election. Section 6. Effective Date. This ordinance shall take effect six (6) days after publication following final passage.

6 ATTEST: ~~ ~ C7;? Ronald J. Rasky, ~ INTRODUCED APRIL, 2013, AND ON SECOND READING ON THE 1 st DAY OF ancu BY REFERENCE TO TITLE ONLY. EFFECTIVE: APRIL 10,2013