2017 Recall Candidate Guide

Transcription

1 2017 Recall Candidate Guide City and County of Broomfield Elections Division One DesCombes Drive Broomfield, CO (303) Page 0

2 We Are Here To Help! Thank you for your interest in serving the residents of the City and County of Broomfield! The Broomfield Elections Division is committed to assisting you with your filing requirements. If you have questions or need assistance, please contact us at or Good luck in your endeavor! Disclaimer This guide is intended for use only by persons running as a successor candidate in the July 18, 2017 Special Recall Election for Councilmember Ward 4. Candidates for regular, November City Council elections should review our Municipal Candidate Guide. Candidates interested in federal (President) or state (Governor) office should contact the Colorado Department of State, Elections Division. Candidates interested in school boards, special districts or other cities and counties should contact those districts directly. Candidates are responsible for complying with all applicable laws, rules, and codes. Where To File? All petitions and campaign finance reports are filed directly with the Broomfield Elections Division. You do not need to send copies to the Colorado Secretary of State. Page 1

3 Part One: General Information Important First Step - The Candidate Affidavit Once you officially become a candidate, you have 10 days to file a Candidate Affidavit with the Broomfield Elections Division. Candidates who do not timely file the form will be sent a notice. Failure to respond to the notice and file the affidavit will result in you no longer being eligible to 1 run for office. You officially become a candidate for office when you either: Make a public declaration that you intend to seek office; and thereafter Receive a contribution or make expenditures to support your candidacy. Overview of the Process The Elections Division will help walk you through the specific steps of getting your name on the ballot. Our goal is to make the ballot access process as simple and transparent as possible, while ensuring all candidates comply with Colorado law (1) C.R.S.;CO Const. Art. XXVIII Section 2 (2) Page 2

4 2017 Special Recall Election Calendar Date (2017) Ongoing Wednesday May 10 Tuesday May 23 Monday June 26 Wednesday June 28 Monday July 3 Wednesday July 5 Tuesday July 11 Tuesday July 18 Wednesday July 26 Friday July 28 To be determined Thursday August 17 Event Within 10 days of becoming a candidate, a candidate must file a campaign finance Candidate Affidavit with the Elections Division. Earliest day a candidate may circulate a petition Last day to file nominating petitions with the Elections Division Begin mailing ballots to voters (ballots typically begin arriving in voters mailboxes Tuesday or Wednesday of the delivery week) Last day to file affidavit of a write-in candidate (20 days prior to the election) TENTATIVE DATE: Mail ballot processing begins at 1 DesCombes Dr. (15 days before the election) First campaign finance report is due (14 days prior to the election, which falls on a holiday and moves the deadline ahead one day) Second campaign finance report due (7 days prior to the election) Election Day - Mail ballots due by 7:00 p.m. (unofficial results begin posting shortly after 7:00 p.m.) Deadline to receive military and overseas ballots (8 days after Election Day) Deadline for Clerk to issue official abstract of votes Term of office shall commence upon take the oath of office at the ensuing organization meeting of the City Council held after the election Third campaign finance report due (30 days after the election) Reference (1) C.R.S.; CO Const. Art. XXVIII Section 2 (2) (4)(b) C.R.S (4)(b) C.R.S (2)(a) C.R.S. Municipal Code Sec (2.7) C.R.S (2.7) C.R.S (4) C.R.S (4) C.R.S C.R.S. Home Rule Charter Section 4.3.a (2.7) C.R.S. Page 3

5 Candidate Qualifications This is a special election for successor candidates if the Ward 4 recall election is successful. To be eligible to hold office, you must be a registered elector and a resident of Broomfield. Candidates must also be a resident of Ward 4 for at least the 12 months prior to Election Day. Municipal offices are nonpartisan. There are no political party affiliation requirements for municipal candidates. Your party affiliation is public record; however, it will not appear on the ballot. Term of Office (through November only) Remember, the ballot will first ask voters whether the incumbent shall be recalled. A replacement candidate will only take office if the recall is successful. If the recall is successful, then the replacement candidate who wins the most votes will take office. That person s term of office shall commence on their taking the oath of office at the ensuing organizational meeting of the City Council held after the July 18, 2017 election. The replacement candidate would complete the current term, which ends in November. If the same candidate wishes to remain in office past November, then he/she must run for election again in the November 7, 2017 Regular Municipal Election. Candidate nomination petitions for the November election will be available August 8, Page 4

6 Part Two: Campaign Signs and Handbills Questions and Enforcement Campaign signs size and placement are enforced by the Code Enforcement Division of the Broomfield Community Development Department. All questions or concerns regarding campaign signs should be directed to: Kirk Oglesby Code Compliance Manager, Community Development Department (303) Political Signs The following section of the Broomfield Municipal Code addresses campaign signs. Title 17 - Zoning; Chapter 44 - Sign Code; Section Signs permitted, permit not required (A) The following signs shall be permitted in all zoning districts, and all provisions of this chapter shall apply, except that a sign permit and sign permit fee shall not be required: (7) Political or noncommercial signs. Political or noncommercial signs which do not exceed sixteen square feet per face and seven feet in height in residential areas, and thirty-two square feet per face and seven feet in height in business and industrial areas, subject to the following regulations: a. No such signs shall be located within, on, or over any public right-of-way or other public property or within, on, or over private property without the consent of the owner. For the purpose of enforcing the provisions of this subparagraph, the terminus of the public right-of-way is the edge of the sidewalk adjacent to either a front lot line or side lot line; however, if there is no sidewalk, the terminus of the public right-of-way is four feet from the outside edge of a concrete curb, or if there is no curb, six feet from the edge of the asphaltic street pavement adjacent to either a front lot line or side lot line. Page 5

7 b. Neither any person nor organization responsible for the erection or distribution of any sign which is intended to urge the voting public to support a candidate, political party, or political philosophy, or to urge action on any ballot issue, nor the owner of the property upon which such signs are located, shall fail to remove such signs within seven days after the election to which the signs pertain, unless such signs continue to be pertinent to another election to be held within ninety days, in which case such signs shall be removed within seven days thereafter. Circulars and Handbills The following section of the Broomfield Municipal Code addresses circulars and handbills. Title 9 - Public Peace, Morals, and Welfare Chapter 31 - Circulars and Handbills Sections 010 and Distribution of certain circulars or pamphlets prohibited. (A) It is unlawful for any person to publish or distribute, or cause to be published or distributed, any circular, pamphlet, card, or dodger, whether anonymous or not, which incites, counsels, promotes, or advocates hatred, violence, or hostility against any person or group of persons residing in the city, by reason of race, color, religion, or manner of worship. (B) It shall be unlawful for any person, or producer, to knowingly distribute, deposit, place, throw, scatter, cast, or attach in any manner, or cause or direct the same to be done, any handbill of any kind to any property, real or personal, of another if notice is posted in a manner that is visible and legible which states "No Handbills," or if notice has been sent to the producer, by certified mail, return receipt requested, at least ten days previously, that handbills are not welcome on said property. (C) Handbill is defined to mean any material in print which, in whole or in part, invites interest in or advertises a particular product, business, event, or attraction; or encourages concurrence in or support of a point of view; or encourages support of or opposition to a candidate for election; or encourages support of or opposition to a ballot issue or question; or offers information of any kind. Handbills include, but are not limited to, signs, posters, flyers, notices, announcements, pamphlets, or advertisements. The following are not included within the definition of handbill: (1) Newspapers or other printed material ordered by or sold to the owner or occupant of the premises; (2) Advertisements, circulars, notices, or other printed material delivered by or through the United States Postal Service; (3) Printed communications distributed by the local, state, or federal government; Page 6

8 (4) Any printed material from utility, gas, telephone, or cable companies that presently provide or have a permit to provide service to the owner or occupant. (D) Producer is defined to mean the person who either ordered the printing of the handbill for his or her own purposes, printed the handbill for his or her own purposes, or ordered the distribution of the handbill for his or her own purposes. Producer does not include anyone who printed the handbill, whether for a fee or not, regardless of whether such person is in the business of printing, so long as said printer did not print the handbill for his or her own purposes. (E) The individual or individuals benefited by the handbill shall be prima facie evidence that the benefiter is the producer. (F) Proof that any producer was given notice by return receipt requested at least ten days previous to the distribution that handbills are not welcome, along with evidence that any handbill was distributed in violation of this section, shall be prima facie evidence that this section has been knowingly violated by the producer Delivery of handbills or circulars. (A) Each handbill, circular or other literature not exceeding twelve inches by eighteen inches shall be placed behind or under a screen or other door, or under a mat or in such a way that is will not blow about the yards and streets. (B) Each handbill, circular or other literature in excess of twelve inches by eighteen inches must be folded, rolled, and placed behind or under a screen or other door, or under a mat, or in such a way that it will not blow about the yards and streets. Page 7

9 Part Three: Nominating Petitions Last Update: May 10, 2017 To place your name on the ballot, you must obtain signatures on a nominating petition. Blank petitions are provided by the Elections Division, located at One DesCombes Drive, beginning at 8:00 a.m. on Wednesday, May 10, Completed petitions are due no later than 5:00 p.m. on Tuesday, May 23, Requirements to Successfully Circulate a Petition Use only the petition form provided by the Elections Division. Adhere to the dates set by City Council to circulate your petition. o The first day to collect signatures is Wednesday, May 10, o Petitions are due back in the Elections Division no later than 5:00 p.m. on Tuesday, May 23, You may sign your own petition. Obtain enough signatures. The nominating petition shall be signed by not less than 2 twenty-five (25) registered electors from Ward 4. Staff recommends you obtain more than 25 signatures in case any signatures are invalid. For example, someone might sign your petition who is not a registered voter in Ward 4. Verify each signer prints his/her name below his/her signature, and completes all required fields. Incomplete entries may be rejected. There is no cure period for municipal special recall elections. If your petition has less than 25 valid signatures, you will not be able to simply collect additional signatures. You will have to circulate a brand new petition. Make sure the cover page and top portion of each petition page are completed correctly. The Elections Division is available to assist you by reviewing your petition prior to collecting signatures. On the acceptance of nomination (cover page of petition), write your name exactly as you want it to appear on the ballot. The candidate s name on the ballot may be a middle name, nickname, or include a nickname. It shall not contain any title or degree designating the business or profession of the candidate (e.g. Doctor, CPA, or PhD). 3 No elector shall sign more than one nomination petition. Keep your petition intact. Do not remove any staples or the entire section will be rejected (2) C.R.S (5) C.R.S. Page 8

10 Make sure the signature includes the residential street name and number and city. Signatures without a residence address cannot be counted. The Petition Form Cover Page If you do not appoint a vacancy committee, then the first three persons to sign the first petition section will by default become the vacancy committee. Statute does not limit who may be a Page 9

11 vacancy committee member. Each member of the vacancy committee must be an individual person (i.e. not a corporation). The petition shall have endorsed thereon (or appended thereto) the written affidavit of the candidate accepting the nomination and swearing that the candidate satisfies the requirements to be a candidate and hold office in Broomfield. [ (6) C.R.S.] Signature Pages Only registered electors in Ward 4 in Broomfield may sign the nomination petition. Voters may not sign petitions for more than one candidate. Each person signing the petition must include their signature, printed name, residential address (street name and number and city/county), and the date of signing. Page 10

12 Affidavit of Circulator (final page) The circulator is the person who actually takes the petition and gathers signatures. He or she is not required to reside in your ward. It may be the candidate or his/her designee. When the petition section is complete, the circulator must complete the affidavit and have it notarized. The circulator can be the candidate or another person designated by the candidate. Page 11

13 Turning in Your Petition The deadline to file your petition is 5:00 p.m. on May 23, Once you turn in your petition, Broomfield Elections Division staff shall review the petition entries. Staff will verify that: Each person who signed the petition is an eligible voter in Ward 4 in the City and County Broomfield; The address of each person as displayed on the petition matches the address shown on his/her voter registration records; No person who signed the petition already signed another petition for the same office; No person signed the petition earlier than May 10, 2017; and The petition is intact (no staples have been removed or additional pages added). You will be notified of your petition status by certified mail and phone (if a phone number is provided). If you collected at least 25 valid signatures, your name will be placed on the ballot. Insufficient Signatures If you did not collect enough valid signatures, you will have to resubmit a new petition. The new petition must still be submitted no later than the regular deadline of May 23, Unlike regular petitions, there is no cure period to gather additional signatures or correct existing signatures. If by May 23, 2017, you have not submitted a petition with at least 25 valid signatures, then you will not be eligible to be a regular candidate at this election. Page 12

14 Part Four: Funding Your Campaign Overview Last Update: May 10, 2017 Colorado law requires candidates to disclose how their campaigns are funded. Contributions include money, a loan, or anything of value (non-monetary or in-kind donations) used for the purpose of promoting the candidate s nomination. Expenditures may include purchases such as campaign signs or mailings to voters. The City and County of Broomfield is committed to transparency in elections. All campaign finance filings are posted on the day they are filed. Three Filing Methods Candidates must decide how they will fund their campaign. Depending whether you are receiving contributions or making expenditures, one of these three filing methods applies to you. Method 1: No Contributions or Expenditures Some small campaigns neither receive contributions nor make expenditures. Such candidates voluntarily file the Candidate Statement of Non-Receipt of Contributions and Non-Expenditure of Funds. This report is simply a statement from the candidate that they have not received any contributions or made any expenditures that reporting period. All monetary and non-monetary contributions and personal expenditures must be reported. If you spend your own money on gas to drive to a campaign debate, that is considered an expenditure and you are not be eligible to file this form. Method 2: Personal Expenditures Only Some candidates do not receive any contributions, but they do spend their own money to promote their candidacy. These candidates file the Statement of Personal Expenditures by a Candidate. Page 13

15 Method 3: Receiving Contributions and Making Expenditures If you receive any contributions (monetary, loans, or donated goods and services), you must first file a Candidate Committee Registration form. You must keep track of all your contributions and expenditures and report them periodically using the Report of Contributions and Expenditures (see filing calendar below). You must open a bank account for your committee, designate an agent/treasurer (the candidate may also be the treasurer), and file a Committee Registration Form with the Elections Division. At any time, candidates may terminate their committee by achieving a zero balance and filing a termination report. Annual filings are required of every committee until they terminate, whether or not the candidate was elected to office. Campaign Finance Calendar 4 Each campaign finance report filed covers a specific reporting period and has a firm deadline. Reporting periods always end five days before the due date. Report due date Reporting period Wednesday, July 5, The start date of your campaign - Friday, June 30, 2017 (14 days before Election Day) Tuesday, July 11, 2017 (7 days before Election Day) Saturday, July 1 - Thursday, July 6, 2017 Thursday, August 17, 2017 (30 days after Election Day) Friday, July 7 - Saturday, August 12, (2.7) C.R.S. 5 The fourteenth day is a holiday and so the deadline moves to the next business day. Page 14

16 Future Filing Dates (after the July 18, 2017 election) If elected to office, you are also required to file quarterly gift and honoraria reports as long as you are in office. These reports cover any gifts or things of value you receive while in office (for example, if you receive complimentary tickets to an event at the 1st Bank Center). If you have not received anything of value, you are not required to file the gift and honoraria report for that quarter. You may voluntarily file a zero report for full transparency. Gift and honoraria reports are due quarterly. Although your term begins mid-july and ends mid-november, you will still follow the regular schedule for incumbents. The remaining 2017 filing schedule is: Reporting Period Begins Reporting Period Ends Report Due July 1, 2017 September 30, 2017 October 16, 2017 October 1, 2017 December 31, 2017 January 15, 2018 Whether elected to office or not, any candidate for the special recall election that does not terminate their candidate committee must file an annual contribution and expenditure report on the first business day in July. A candidate committee may file a termination report at any time as long as they have achieved a zero balance on their account. Penalties for Late Filings By law, late filings are assessed a penalty of $50 per day for every day a campaign finance report is late. This includes weekends and holidays. The City and County Clerk and Recorder does not have the authority to waive or reduce fines for late filings. There are no penalties for late gift and honoraria reports. Page 15

17 What Do I Have To Report? All candidates for public office in Colorado must be familiar with the state's campaign finance laws. Colorado campaign finance laws are located in: Colorado Constitution, Article XXVIII, Campaign and Political Finance (CPF) Colorado Revised Statutes, Title 1, Article 45, Fair Campaign Practices Act (FCPA) Colorado Secretary of State Rules Concerning Campaign and Political Finance Laws are subject to change. To review the full text of the law in its current form, visit and click the appropriate link under Laws, Rules & Policies. Page 16

18 Required Disclosures Below is a brief overview of the filing requirements: Contributions o Monetary contribution of $20 or more per reporting period must include the name and address of the donor o Any one time contribution of $100 or more must include the donor s employer and occupation o Monetary contributions of $19.99 or less may be reported as one lump sum and 6 do not need to be itemized; o Fair market value of in-kind contributions (donated goods and services) Loans (including loan balance and interest rate) Contributions returned to the donor All expenditures Prohibitions There are no contribution limits for municipal candidates. Certain contributions are prohibited: No person may act as a conduit in making a contribution (donors may not remain anonymous by giving money to someone else to donate on their behalf). No anonymous contributions of $20 or more are allowed. Cash donations may not exceed $99.99 from any one donor. Colorado law prohibits a person from making a contribution with the expectation that the recipient will reimburse all or a part of the contribution. No contributions may be received from: o Corporations (profit or non-profit) o Foreign citizens, corporations, or governments o Another candidate committee (local, state, or federal) o Anonymous contributions of $20.00 or more o Limited Liability Companies (LLCs), if any of the LLC members are a: Corporation or labor organization Natural person who is not a U.S. Citizen Foreign government Professional, volunteer lobbyist, or a principal of a lobbyist prohibited from contributing by (1), C.R.S. LLCs that the IRS treats as corporations, and from LLCs with publicly traded shares 6 Remember, if the same person makes two separate $10 donations during the same reporting period, then you must itemize that total contribution because he/she has now donated $20 total.. Page 17

19 Using Campaign Funds to Run in both the July and November Elections This year there are two elections for the same Ward 4 seat: the July 18, 2017 Special Recall Election and the November 7, 2017 Regular Municipal Election. It is possible the same person may wish to run for the same seat in both elections. Under Colorado law, a candidate may only have one committee open at a time. If you are running for the Ward 4 seat in the July election, you may simply keep that committee open and 7 run again in November. However, if you already have a candidate committee open for the Ward 4 seat in the November election, you must first terminate your committee, open a new candidate committee for the recall 8 election, and then you may transfer those funds to the new candidate committee. 7 Secretary of State Campaign Finance Rule (b) 8 Secretary of State Campaign Finance Rule 15.6 Page 18

20 Part Four: Additional Information Meetings and Compensation Last Update: May 10, 2017 City Council s regular meetings are held the second (2nd) and fourth (4th) Tuesday of each month. The meetings are held at 6:00 p.m. at the George Di Ciero City & County Building, One DesCombes Drive. Compensation for City Council is as follows: Office Current Councilmembers (including any elected at the special recall election) Councilmembers elected on or after November 7, 2017 Mayor $800/month $1,100/month Mayor Pro-tem $600/month $900/month Councilmember $600/month $800/month Offices to be Elected in November 2017 / Terms of Office Office Current Office Holder Term Limited Mayor Randy Ahrens No Councilmember Ward 1 Elizabeth Law-Evans No Councilmember Ward 2 Sharon Tessier No Councilmember Ward 3 Sam Taylor Yes Councilmember Ward 4 Greg Stokes Yes Councilmember Ward 5 Martha Derda Yes The Mayor shall be elected for a two-year term. Councilmembers shall be elected for a four-year term. One councilmember from each ward and the Mayor shall be elected in each regular election. The term of the office for councilmembers and the Mayor shall commence on their taking the oath of office at the ensuing organizational meeting of the Council held after the election. Page 19

21 The Mayor is limited to three consecutive two-year terms. Councilmembers are limited to two 9 consecutive four-year terms. The Mayor Pro-tem is elected by a majority of the elected councilmembers at the organizational meeting following the election. The Mayor Pro-tem presides over Council meetings in the Mayor's absence but does not have the power to cast a tie-breaking vote nor power of veto. Voting Methods The 2017 Special Recall Election will be conducted as a mail ballot election. Ballots will be mailed to all active registered voters in Broomfield approximately three weeks prior to Election Day. Voters may return their ballot by mail or at any designated drop-off location. Dates, hours and locations for drop-off sites will be included in the ballot instructions sent to each voter. Voted ballots must be returned no later than 7 p.m. on Tuesday, July 18, Postmark dates do not count as received. Election Results Election results are available at shortly after 7 p.m. on Election Night. No results are known to staff or election judges until they are made available to the public. Election results are unofficial until the final canvassing of election results, which usually occurs within two weeks of Election Day. 9 Colo. Const. Article XVIII, Sec. 11 Page 20

22 Election Reports and Data The Elections Division provides publicly available reports at free of charge. Go to and select "Reports and Data." Here you can download files containing publicly available voter registration data for the entire city/county, or for your individual ward. Once ballots are mailed, additional reports are available detailing mail ballot returns. During early voting, additional reports are available detailing in person turnout. Page 21