The Colorado Municipal Election Code of 1965, as enacted by
the State Legislature, is hereby adopted by reference.
(Code 1994 § 14-1; Code 1965 § 10-1)
As made applicative to elections in the City of Grand Junction:
(a) Section 31-10-302(2).
31-10-302 (2) Nomination petitions may be circulated
and signed beginning on the ninety-first day and ending of the seventy-first
day prior to the day of the election. As provided in the City Charter,
each petition shall be signed by not less than fifty registered electors
of the City.
(b) Section 31-10-302(4).
The last sentence of Section 31-10-302(4)
shall be amended to read:
Any petition may be amended to correct or replace those signatures
which the clerk finds are not in apparent conformity with the requirement
of this section at any time prior to sixty-seven days before the day
of the election.
(c) No
votes shall be counted for any write-in candidate at a regular or
special election unless he/she has first filed with the City Clerk
64 days before the election an affidavit of intent indicating that
such person desires the office and is qualified to assume the duties
of the office if elected.
(Ord. 4796, 4-4-18; Ord. 4457, 2-28-11; Ord. 3869, 3-1-06; Code 1994 § 14-2)
Any registered elector desiring to protest a proposed ballot
title and/or submission clause for any initiated or referred measure
shall file a notice of protest with the City Clerk no later than noon
on the Monday immediately preceding the date upon which the City Council
will consider the ordinance on first reading, or resolution, setting
the ballot title and submission clause. Such notice of protest shall
be on a form available from the City Clerk, shall be signed by the
protestor(s), and shall set forth: (a) the name, address, and phone
number of the protestor(s); (b) the title of the ordinance or resolution
being protested; (c) with particularity, the grounds of the protest;
and (d) any other information required by the City Clerk. Such protest
shall be heard, considered and resolved by the City Council prior
to the adoption of said ordinance or resolution. Any legal challenge
of the form or content of a City ballot title and/or submission clause
for any initiated or referred measure shall be brought in the Mesa
County District Court using the procedure set forth in, and in accordance
with, §
1-11-203.5, C.R.S., as amended, which shall be the exclusive manner for such
legal challenges.
(Ord. 4796, 4-4-18)
(a) Any
candidate or registered elector of the City (“complainant”)
who has reason to believe a campaign violation has been committed
by any candidate, candidate committee, issue committee, small-scale
issue committee or political committee (“respondent”)
may file a written complaint (“complaint”) with the City
Clerk no later than 60 days after the alleged violation(s) has occurred.
(b) The
complaint must contain:
(1) The name(s) of the alleged violator(s) (respondent);
(2) The election code section(s) or provision(s) allegedly violated;
(3) A clear and succinct statement or description of the offense allegedly
committed and the basis for the allegation;
(4) Identification of any relevant document(s) or other evidence;
(5) Identification of any witness(es) or person(s) with relevant knowledge
of the alleged violation(s); and
(6) The name, address, telephone number and email address of the complainant.
(c) The
City Clerk will forward the complaint to the City Attorney, who will
evaluate the complaint for probable cause.
(d) Campaign
finance complaints must be filed in writing and can be submitted by
hard copy or electronically. Electronic signatures are permitted for
any complaint documentation that requires a signature.
(1) Municipal Campaign Contribution Limits.
For any election
cycle, no person shall make contributions, including contributions
in-kind, to a candidate and/or that candidate’s committee(s)
that, in the aggregate, exceed $625.00 per City Council candidate,
per election cycle as defined by Section
2(6) of Article
XXVIII of the Colorado Constitution.
(2) No candidate committee shall accept any contributions, including
contributions in-kind, from any person if that person’s contributions
on behalf of the candidate have an aggregate amount or value more
than $625.00.
(3) Any contribution or portion thereof that exceeds the $625.00 limit
shall be returned to the contributor within 72 hours of receipt.
(4) The limitations imposed by subsections
(d)(1) and
(d)(2) of this section shall not apply to contribution of a candidate’s personal funds to the candidate’s own campaign, or to any loan which is personally guaranteed by the candidate or is secured by property owned by the candidate.
(5) Each election-cycle limit on contributions described in subsection
(d)(1) of this section shall be adjusted by an amount based upon the percentage change over a two-year period in the United States Bureau of Labor Statistics Consumer Price Index for Denver-Boulder-Greeley, all items, all consumers, or its successor index, rounded to the nearest lowest $25.00. The first adjustment shall be done in the fourth quarter of 2024 and then every two years thereafter. The City Manager shall calculate such an adjustment in each limit and specify the limits in rules promulgated in accordance with GJMC §
2.20.044 or any successor section of this code.
(e) A
complaint must identify both a respondent and a complainant. An anonymous
complaint(s) or complaint(s) that fails to identify a complainant
and respondent may be rejected by the City Clerk.
(f) Multiple
complaints that arise out of or under a common set of facts will be
consolidated when practicable. When consolidation is not practicable
and the outcome of one complaint will be determinative of another
complaint(s), the complaint(s) will be stayed until a final decision
issues on the initial complaint and any appeals are resolved.
(g) Violations
stemming from late or missing filings that have been waived or are
pending a waiver are not subject to the complaint process.
(h) A
complaint, charge/declination of charge, motions and orders relating
to a complaint will be publicly available at the time the City Clerk
provides the document to the respondent.
(i) The
City may redact any document that it will otherwise make available
pursuant to this rule if such redaction is necessary to protect any
personal private information or personally identifiable information,
is not relevant or material to the determination, or as otherwise
required under the Colorado Open Records Act or other applicable law.
(j) Settlement of Complaints and Fine Structure for Violations.
After a complaint has been filed with a hearing officer, the
City Clerk, in consultation with the City Attorney, may enter into
a settlement agreement with the respondent.
(Ord. 5107, 10-19-22; Ord. 4963, 10-21-20)
Notwithstanding the above, nothing in this chapter shall be
read to preclude the City Attorney from declaring a conflict of interest
and taking appropriate action in accordance with this code and general
practices of the City, including, but not limited to, hiring special
counsel, if deemed necessary and advisable under the circumstances.
(Ord. 4963, 10-21-20)
Nothing in this chapter shall preclude the City from pursuing
an action, civil or criminal, against any person, candidate, candidate
committee, issue committee, small-scale issue committee or political
committee for any violation of this chapter, regardless of whether
a complaint had been filed pursuant to this chapter.
(Ord. 4963, 10-21-20)
The City Manager is authorized to adopt administrative regulations,
including but not limited to appointment of a hearing officer and
other procedures, consistent with the provisions of this chapter.
(Ord. 4963, 10-21-20)
A respondent that is found to or admits a knowing violation
of this chapter may be civilly liable in an amount up to $2,000 or,
if applicable, three times the amount of the discrepancy, whichever
is greater, and/or may be required to perform certain specific actions
regarding the violation(s) as provided herein.
In reaching a settlement and fine amount, the following shall
apply, together with mitigating and aggravating factors found:
(a) Amount
of contributions or donations accepted or expenditures made while
out of compliance, outlined below:
(1) Less than $1,000, fine is at least $150.00;
(2) Between $1,001 and up to $5,000, fine is at least $300.00; or
(3) Greater than $5,000, fine of at least $300.00 plus at least 10 percent
of total amount of the contributions and expenditures made.
(b) Failure to File Complete and Accurate Reports.
(1) Failure to file complete and accurate reports is a $100.00 fine per
report plus five percent of the activity not accurately or completely
reported.
(c) Failure to File, or File an Accurate, Candidate Affidavit.
(1) If affidavit is submitted within 14 days of registration deadline
the fine is at least $50.00; or
(2) If affidavit is submitted after 14 days post deadline, the fine is
at least $100.00.
(d) Prohibited Contributions, Donations, and Expenditures.
(1) For accepting a prohibited contribution, including accepting an amount
that exceeds a contribution limit or making prohibited expenditures,
the fine is at least $100.00 and 10 percent of the prohibited activity.
(e) Prohibited Use of Unspent Campaign Funds and Exceeding Voluntary
Contribution Limits.
(1) A fine of at least $250.00 per violation; and
(2) A fine that is up to 25 percent of the amount of the prohibited activity.
(f) Disclaimer and Electioneering Communications.
(1) If noncompliant communication is mitigated prior to the election:
a fine of at least five percent of the cost of the noncompliant communication,
including cost to broadcast; or
(2) If noncompliant communication is not mitigated prior to the election:
a fine of at least 10 percent of the cost of the communication, including
cost to broadcast.
(g) Other
violations of campaign and political finance rules and regulations
will be assessed penalties based on the circumstances of the violations.
(h) In
addition to monetary fines, specific action(s), by/of/from the respondent
may be required. Specific actions may include:
(1) Registering as a committee or candidate;
(2) Return or donation of prohibited contribution or disgorgement of
the value of the improper conduct;
(3) Filing or amending disclosure reports;
(4) Inclusion or correction of disclaimer on the communication; or
(5) Other specific performance or terms that may be warranted.
(i) Mitigating
and aggravating factors that may be considered/found to lessen or
negate the imposition of fines, specific actions or other penalty(ies)
are:
(1) Nature and extent of the violation;
(2) Timing of the violation (including proximity to the election);
(3) Ability or effort to mitigate the violation;
(4) Evidence of an intentional act or a pattern or practice of misconduct;
(5) Extent to which the harm caused by the violation or the value of
the violation cannot be reasonably calculated; or
(6) Other aggravating or mitigating factors may be taken into consideration
in reaching a just and equitable outcome.
(Ord. 4963, 10-21-20)
Each party (complainant, respondent and City) shall bear its
own attorney’s fees and costs.
(Ord. 4963, 10-21-20)