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HomeMy WebLinkAboutordinance.council.057-89 ORDINANCE NO. 57 (Series of 1989) AN ORDINANCE IMPOSING LIMITATIONS ON CAMPAIGN CONTRIBUTIONS FOR OR AGAINST CANDIDATES SEEKING PUBLIC OFFICE; ESTABLISHING DEADLINES AND DISCLOSURE REQUIREMENTS WITH RESPECT TO CAMPAIGN CONTRIBUTIONS AND EXPENDITURES; PROHIBITING FALSE CAMPAIGN ADVERTISING; IMPOSING PENALTIES FOR VIOLATION OF THESE PRO- VISIONS, INCLUDING FINES AND IMPRISONMENT NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS AND/OR NINETY (90) DAYS; AND FURTHER PROVIDING ON CONVICTION FOR FORFEITURE OF THE OFFICE TO WHICH ELECTED WHEREAS, the Colorado Campaign Reform Act of 1974, while establishing campaign disclosure requirements, provides that any home rule municipality may adopt ordinances or charter provisions with respect to its local elections which are more stringent than any or all of the provisions of the Act; and WHEREAS, it has been determined by the Aspen City Council that, in addition to state statutory disclosure requirements, there should be additional disclosure requirements as well as limitations on campaign contributions to candidates to enhance the integrity of the election process, by: 1. equalizing the relative ability of citizens to affect the outcome of elections; 2. reducing voter cynicism and apathy by assuring voters that their votes and their participation, whether in the form of money or services, are significant; 3. slowing down the escalating costs of political campaigns and thereby helping to open the politi- cal system to candidates without access to large amounts of money; 4. preventing corruption and the appearance of corruption spawned by the real or imagined coer- cive influence of large amounts of money on candidates positions and their actions if elected; and 5. generally to promote confidence in the government of the City of Aspen; and WHEREAS, the City Council has further determined that prohibitions against false campaign advertising is also in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN: Section 1 - Definitions. For the purpose of this Ordinance, the following definitions shall apply: Campaign treasurer. "Campaign treasurer" means the treasurer of any candidate or of any political committee. Candidate. "Candidate" means any person who seeks election to the office of Mayor or City councilman or councilwoman which is to be voted for at any general, primary or special election. A person is a candidate for election if he has publicly announced his intention to seek election to public office, has filed nominating petitions, has conducted a write-in campaign, is the subject of a recall election, has been chosen to fill any vacancy, has accepted a campaign contribution, who has made an expenditure, or who has otherwise taken affirmative action demonstrating to the public that he is seeking election to the City Council or as Mayor. A candidate also includes an incumbent who still has an unexpended balance of contributions or a debt or deficit or who receives contributions or contributions in kind. Conspiracy. A person conspires or commits or conspires to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commis- sion of a crime or of an attempt to commit such a crime. Contribution. "Contribution" means a gift, loan, pledge, or advance of money or a guarantee of a loan made, directly or indirectly, 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" includes a transfer of any money between one 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 candi- date'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 05/SD1 2 of either. "Contribution" includes contributions in kind, and independent expenditures, but does not include services provided without compensation by individuals volunteering their time on behalf of a candidate or political committee, or, unless stated otherwise, an expenditure by a candidate or his immediate family. 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. Contribution in kind. "Contribution in kind" means a gift or loan of any item of real or personal property, other than money, made, directly or indirect- ly, 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 of 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 compen- - sation therefor; volunteer services are not included. "Contribution in kind," unless stated otherwise, does not include contributions by a candidate or his immediate family, nor 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. Election. "Election" means any municipal general, primary or special election held within the City of Aspen at which any issue is submitted to the electorate or person or persons are elected to run for or to fill the office of Mayor or councilman or councilwoman of the City. "Election" includes any initiative, referendum or recall election. Expenditure. "Expenditure" means the payment, distribution, loan or advance of any money or contribu- tion 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 nomination, retention, election, or defeat of any candidate. "Expenditure" does not include services provided without compensation by any candidate or political committee, nor, unless stated otherwise, expenditures by a candidate or members of his immediate family. An expenditure occurs when the actual payment is made or when there is a contractual agreement and the amount is determined. 05/SD1 -3- Independent expenditure. "Independent expendi- ture'' is an expenditure made or employed on behalf of a candidate where such expenditures have been solicited by, or otherwise authorized by or consented to by a candidate or political committee, or with the approval, by arrangement with or in cooperation with a candidate or political committee, or have been expended or employed in a manner or amount directed, authorized (either expressly or by implication), or consented to by such candidate or committee. Issue. "Issue" means any 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. Knowinqly. A person acts "knowingly" with respect to conduct or to a circumstance described by this Ordinance defining an offense when he is aware that his conduct is of such nature or that such circumstance exists. A person acts "knowingly," with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result. Person. "Person" means any natural person, partnership, corporation, association, firm, committee, clerk, governmental entity, or other organization or group of persons, however organized. Political Committee. "Political committee" means any two or more persons who are elected, appointed, or chosen or who have associated themselves or cooperated for the purpose of accepting contributions or contribu- tions 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 orga- nization as defined in §1-1-104, C.R.S. "Political committee" also includes a separate political education or political action fund or committee which is associ- ated with an organization or association formed prin- cipally for some other purpose and includes an orga- nization or association formed principally for some other purpose insofar as it makes contributions or contributions in kind or expenditures. Section 2 - Records of Contributions and Expenditures. All records of contributions and expenditures shall be made, filed and retained as required by the Colorado Campaign Reform Act of 1974, ~1-45-101, et seq., C.R.S as now enacted or may hereinafter from time to time be amended. In the event the 05/SD1 -4- _ provisions of this Ordinance are inconsistent with the provisions of the Act, the more stringent shall apply. Section 3 - Deadlines For and Publication of Contributions and Expenditures. (a) No person shall accept any contribution (including contributions to a candidate from the candidate himself or from members of his immediate family), nor shall any person make any independent expenditures, later than 7 days prior to any election. (b) Not less than 7 days before an election, the campaign treasurer shall file with the City Clerk a report meeting the requirements of §1-45-108(4), C.R.S. The filings shall be complete as of the date of filing. (c) Not less than 7 days before an election, each person who makes an expenditure, including candidates and members of their immediate families, in an aggregate amount of $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 expenditures with the City Clerk meeting the requirements of §1-45-110(1), C.R.S. The filing shall be complete as of the date of filing. (d) The City Clerk shall, four days before any municipal general, primary or special election, publish in any newspaper of general circulation within the City of Aspen, information concerning all contributions and expenditures received and made as contained in the reports filed pursuant to Sections 3(b) and (c), and pursuant to §1-45-105(1), C.R.S. The publication shall contain, at a minimum, total receipts, total expenditures, and the name of each contributor and the amount of such contribution, all as contained in said reports. In addition, the reports shall be available for public inspection during business hours. (e) Nothing herein shall be deemed to supersede the reporting or disclosure requirements of the Colorado Campaign Reform Act, §1-45-101, et seq, C.R.S., but the requirements of the Act and this Ordinance shall be deemed cumulative. Section 4 - Anonymous Contributions. No person shall make, nor shall any campaign treasurer accept, any anonymous contribution to a candidate, committee, or anyone, for the purpose of influencing the election or defeat of any candidate or the passage or defeat of any issue. ?he intend- ed recipient of an anonymous contribution shall, promptly upon receipt of such contribution, transmit such contribution to the City Clerk for deposit in the general fund of the City of Aspen. 05/SD1 -5- Section 5 - Contributions on Behalf of Another. No person shall make a contribution on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the contribution the person's, intermediary's, or agent's own full name and street address, and the name and street address of the actual contributor. Section 6 - Limit on Contributions by Single Donor. No person shall make, solicit or accept a contribution which will cause the total contributions by such person on behalf of any candidate or a political committee supporting or opposing the election of such candidate to exceed One Hundred ($100.00) Dollars with respect to any single election. The intended recipient of any contribution which would cause the total amount of contributions to a candidate or committee from a single donor to exceed One Hundred ($100.00) Dollars shall promptly, upon receipt thereof, transmit any such excess to the City Clerk for deposit in the general fund of the City of Aspen. Section 7 - False Statements. 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, or on radio or television any false statement designed to influence the vote on any issue or election or defeat of any candidate, nor conspire to do so. Section 8 - Enforcement. (a) The City Attorney shall enforce all provisions of this Ordinance. (b) Notwithstanding the provisions of Subsection 8(c) below, any person residing in the City of Aspen may sue for injunctive relief to enjoin violations or to compel compliance with this Ordinance. (c) Any person residing in the City of Aspen may bring a civil action consistent with this Ordinance, provided such person first files with the City Attorney a written request for the City Attorney to commence action. The request shall include a state- ment of grounds for believing a cause for action exists. The City Attorney shall respond within ten (10) days after receipt of the request indicating whether he intends to file a civil action. If the City Attorney indicates in the affirmative and files suit within thirty (30) days thereafter, no other action may be brought unless the action brought by the City Attorney is dis- missed without prejudice. 05/SD1 -6- (d) In the event any person residing within the City of Aspen shall bring a civil action for injunction or to otherwise enforce this Ordinance, and such person shall prevail in such action, then he or she shall be awarded a reasonable attorneys' fee and costs of the action to be paid by the defendant. Section 9 - Criminal Penalties. (a) Any person who knowingly violates any provision of this Ordinance is guilty of a misdemeanor and shall be punished by a fine not exceeding Three Hundred ($300.00) Dollars or imprison- ment for a period of not more than ninety (90) days or both such fine and imprisonment. (b) Any candidate who knowingly violates any provision of this Ordinance, or who conspires with another to violate any provision of this Ordinance, shall, in addition to any other penalties provided for herein, be denied his or her right to take oath for the office to which he or she was elected, unless he or she has already taken said oath, in which event the office shall be deemed vacated and shall be filled as otherwise provided by law. Section 10 - Civil Penalties. (a) Any person who violates any of the reporting provisions of this Ordinance shall be liable in any civil action initiated by the City Attorney or by a person residing within the City of Aspen for an amount not more than the amount or value not proper- ly reported. (b) Notwithstanding the provisions of Subsection 10(a) above, any person who makes or receives a contribution or expen- diture in violation of this Ordinance is liable in a civil action initiated by the City Attorney or by a person residing within the City of Aspen for an amount up to Five Hundred ($500.00) Dollars or three (3) times the amount of the unlawful contribution or expenditure, whichever is greater. (c) In determining the amount of liability under Sub- sections 10(a) and 10(b) above, the court may take into account the seriousness of the violation and the culpability of the defendant. If a judgment is entered against a defendant or defendants in an action under the Subsections noted above, the plaintiffs, other than the City of Aspen, shall receive fifty percent (50%) of the amount recovered. The remaining fifty percent (50%) shall be deposited in the treasury of the City of Aspen. In an action initiated by the City Attorney, the entire amount recovered shall be paid into the treasury of the City of Aspen. 05/SD1 -7- Section 11 - Severability Clause. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this Ordinance are declared to be severable. A public hearing on this Ordinance shall be held on the j~i~day of .3~_~m~-~x-~'~ , 1989, at ~.~0 /-~__.m. in the City Council Chambers,~Asp~n City Hall, Aspen, Color,ldo. INTRODUCED, READ AND ORDERED published as provided by law by the~ ~Citv~Council o the City of Aspen, atfits regular~meeting held ~/~~//, : 9. ~William Stirli~g, y ATT~T: - 'Kathryn .K~ch City Cle~ FINALLY ADOPTED AND APPROVED ON ~-~ ~_~ , 1989. 'Kathryn K.~ch City Clerk 05/SD1 -8-