Chapter 2.20
ELECTIONS
Sections:
2.20.010 Colorado Municipal Election Code of 1965 adopted.
2.20.020 Amendments to the Colorado Municipal Election Code of 1965.
2.20.040 Allegation of campaign violation.
2.20.041 Evaluation of campaign complaint.
2.20.042 Conflicts of interest.
2.20.043 Complaint not required for City action.
2.20.044 Administrative procedures.
2.20.045 Action by complainant.
Charter reference(s) – Elections, Article II.
Cross reference(s) – City Council, Chapter 2.04 GJMC.
State law reference(s) – Municipal election code, § 31-10-101, C.R.S. et seq.
2.20.010 Colorado Municipal Election Code of 1965 adopted.
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)
2.20.020 Amendments to the Colorado Municipal Election Code of 1965.
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)
2.20.030 Protest procedure.
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)
2.20.040 Allegation of campaign violation.
(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)
2.20.041 Evaluation of campaign complaint.
(a) If the City Attorney determines that no probable cause exists, that the complaint fails to allege an actionable violation, or that the requirements of GJMC 2.20.040 were not met by the complainant, the City Attorney shall so notify the City Clerk, who will, in turn, notify the complainant in writing.
(b) If the City Attorney determines probable cause exists, the City Attorney may notify Grand Junction Police, which, in consultation with the City Attorney, may serve a summons and complaint to the alleged violator. The City Attorney has and retains prosecutorial discretion, as provided by law and ethical responsibilities, to file or decline prosecution. If the City Attorney determines filing a summons and complaint is unjustified, he or she shall so notify the City Clerk in writing, who will, in turn, notify the complainant and respondent in writing.
(Ord. 4963, 10-21-20)
2.20.042 Conflicts of interest.
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)
2.20.043 Complaint not required for City action.
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)
2.20.044 Administrative procedures.
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)
2.20.045 Action by complainant.
(a) After having received written notification from the City Clerk pursuant to GJMC 2.20.041 that the City Attorney declined to prosecute, or after 180 days of filing the complaint, whichever is first, the complainant may bring a civil action in District Court.
(b) The complainant has one year from the date of the alleged violation to bring an action.
(c) The complainant may seek a court order to compel compliance with this chapter; provided, however, that the complainant must first file a complaint with the City Clerk, pursuant to GJMC 2.20.040, and otherwise exhaust all administrative remedies.
(Ord. 4963, 10-21-20)
2.20.046 Penalties.
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)
2.20.047 Attorney fees.
Each party (complainant, respondent and City) shall bear its own attorney’s fees and costs.
(Ord. 4963, 10-21-20)