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HomeMy WebLinkAboutordinance.council.042-75RECORD OF PROCEEDINGS 100 Leaves (Series of 1975) AN ORDINANCE IMPOSING LIMITATIONS ON COMPAIGN EXPENDITURES FOR CANDIDATES SEEKING PUBLIC OFFICE WITHIN THE CITY OF ASPEN AND CALCULATING THE LIMITATIONS ACCORDING TO THE NUMBER OF REGISTER- ED VOTERS AT THE PREVIOUS MUNICIPAL ELECTION; FURTHER LIMITING EXPENDITURES IN SUPPORT OF OR IN OPPOSITION TO ELECTION ISSUES TO TEN THOUSAND ($10,000.00) DOLLARS; A~D IMPOSING PENALTIES FOR VIOLATION OF THESE PROVISIONS INCLUDING FINES AND IMPRISONMENT NOT TO EXCEED THREE HUNDRED ($300.00) DOLLARS AND/OR NINETY (90) DAYS; AND FURTHER PROVISING ON'CONVICTION FOR FORFEITURE OF THE OFFICE TO WHICH ELECTED WHEREAS, the Colorado Campaign Reform Act of 1974, ~hile establishing campaign disclosure requirements, ~rovides 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 said Act, and WHEREAS, it is the determination of the Aspen city Council that, in addition to disclosure requirements, there should be imposed limitations on campaign expenditures to enhance the integrity of the election process, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, ~OLORADO. Section 1 Definitions. For the purpose of this ordinance, the following definitions shall apply: a. Candidate. A person is a candidate for office if he has publicly announced his intention to seek election to the office of mayor or member of the city council of the City of Aspen, has filed with the City Clerk his or her nominating petition for such office, or has been chosen to fill a vacancy on the city council. ~3. Election. "Election" ~eans any municipal general or special election held within the city of Aspen at which any RECORD OF PROCEEDINGS 100 Leaves issue is submitted to the electorate or person or persons are elected to fill the office of mayor or councilman or council- %~oman of the city. "Election" includes any initiative,referendum or recall election. c. Expenditure. "Expenditure" means the payment, pledge, promise of payment of money or anything of value, or other oblig- ation, loan or advance of money~, whether or not legally enforceable, for goods, materials, services or facilities, by any candidate, political committee, or agent of either, for the purpose of in- fluencing the passage or defeat of any issues,or the nomination, retention, election or defeat of any candidate. d. Issue. "Issue" means any proposition submitted by the city Council, or initiated or referred measure, which is to be submitted to the electorate for their approval or rejection. !~ issue includes the recall of any officer as provided by law. e. Person. "~erson" shall mean any individual, l?artner- ship, corporation, association, firm, committee, clerk, govern- mental entity, or other organization or group of persons, however organized. f. 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 mak- ing expenditures to support or oppose a candidate for public office at any municipal election of the City of Aspen or to influence - the passage or defeat of any issue at any such election. Section 2 Prohibition. ~o candidate nor political committee, or agent on behalf of either, shall make expenditures in any election in support of a candidate for the office of mayor in an amount ex- ceeding an expenditure limitation calculated by multiplying the total number of electors registered to vote at the last general municipal election times One ($1.00) Dollar. No candidate nor political committee, or agent on behalf of either, shall make RECORD OF PROCEEDINGS 100 Leaves expenditures in any election in support of a candidate for the office of city councilman or city councilwoman in an amount exceeding an expenditure limitation calculated by multiplying the total number of electors registered to vote at the last general municipal election times Fifty ($.50) Cents. No person nor political committee, or agent on behalf of either, shall make expenditures in any election fo~ the purpose of influencing the passage or defeat of any issue in an amount exceeding Ten Thousand ($10,000.00) Dollars. Section 3 Penalties. Ail records of expenditures shall be made, filed and retained as required by the provisions of the colorado Campaign Reform Act of 1974. Failure to comply with the pro- visions of this ordinance in any respect shall have no effect on the validity of any election, issue, or bonds issued pursuant to law, except that the following penalties and forfeitures shall apply: a. Any person who knowingly violates any provision of this ordinance shall be punished by a fine not exceeding Three Hundred(S300.00) Dollars or imprisonment for a period of not more than ninety (90) days or both such fine and imprisonment. D. ~y 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. -3- RECORD OF PROCEEDINGS 100 Leaves Section 4 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 pro- visions or applications, and to this end the provisions or applic- ations of this ordinance are declared to be severable. Section 5 A public hearing on this ordinance shall be held on the ~ day of ~/~<~-~ , 1975, at 1 P.~I. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ~ , 1975. Kathryn ~uter City Clerk APPROVED 1975. FINALLY ADOPTED AND ~~~J~' Stay st~dle~y III, ~!ayor / Ka~hryn ~uter City Clerk STATE OF COLORADO[ ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the. City of Aspen on ~ 7/ , 197~ , and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the.City of Aspen, Colorado, in its issue of__ ~ /~_~ , 197,~ , and was finally adopted .! z and approved at a regular meeting of Ordinance No. ~ provided by law. the City Council on , 197~ and ordered publiShed as , Series of 197~ , of said City, as IN WITNESS WHEREOF, I have hereunto set my hand and .the seal of said City of Aspen, Colorado, this ~/~z~ day of ~ , 197~-~. Kakhryn ff. Hauter, City Clerk