City Issue and Political Committee Manual

Issue Committee & Political Action Committee
Instruction Manual
2011 Aurora Municipal Election
Debra Johnson, City Clerk
CITY OF AURORA
ISSUE COMMITTEE POLITICAL ACTION COMMITTEE INSTRUCTION MANUAL 2011 Aurora Election November 1, 2011
Prepared by:
Aurora City Clerks Office 15151 East Alameda Parkway, Room 1400 Aurora, Colorado 80012 303-739-7094
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CONTACT INFORMATION
The following information is provided to assist you with election-related questions. The counties maintain voter information and provide reports on voter activity in previous years, the number of registered voters in a particular ward, mailing labels, etc. The City Clerks Office in Aurora maintains Auroras historical election statistics and results. ENTITY/PERSON Adams County Elections Office Arapahoe County Elections Office Douglas County Elections Office Aurora City Clerks Office Secretary of State CITY OF AURORA Debra Johnson, City Clerk Karl F Herrmann, Coordinator of Boards & Commissions / Elections Julie Heckman, Assistant City Attorney Ron Moore, Manager of Neighborhood Support Channel 8 KACT-TV - Aurora 15151 E. Alameda Pky. Room 1400 Aurora, CO 80012 15151 E. Alameda Pky. Room 1400 Aurora, CO 80012 15151 E. Alameda Pky. Room 5300 Aurora, CO 80012 15151 E. Alameda Pky. Room 4500 Aurora, CO 80012 15151 E. Alameda Pky. First Floor Aurora, CO 80012 303-739-7094 dajohnso@auroragov.org ADDRESS PHONE st 1865 W. 121 Ave. 303-920-7850 Ste. 600 Westminster, CO FAX: 303-920-7888 80234 5334 S. Prince St. 303-795-4511 FAX: 303-794-4625 Littleton, CO 80166 301 N. Wilcox 303-660-7444 Castle Rock, CO 80104 FAX: 303-688-3067 15151 E Alameda Pky. 303-739-7094 Room 1400 FAX: 303-739-7520 Aurora, CO 80012 1560 Broadway, Ste. Room 200 303-894-2200 Denver, CO 80202 WEBSITE/E-MAIL www.co.adams.co.us
www.co.arapahoe.co.us www.douglas.co.us www.auroragov.org
www.sos.state.co.us
303-739-7120
kherrman@auroragov.org
303-739-7030
jheckman@auroragov.org
303-739-7280
rmoore@auroragov.org Aurora8@auroragov.org
303-739-6588
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ISSUE & POLITICAL ACTION COMMITTEE MANUAL CONTENTS
PAGE I. II. III. IV. PURPOSE ROLES AURORA CAMPAIGN FINANCE LAW FILING REQUIREMENTS Committee Campaign Forms: Registration of Issue Committee Registration of Political Action Committee eFiling USE OF POLITICAL SIGNS Letter from Community Services Department ELECTION NIGHT VOTE TABULATION & CANVASS OF VOTE 2009 WARD MAP 5 6 7 8 9 11 13 31
V.
VI. VII.
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APPENDIX: A. B. CITY CODE CHAPTER 54 CITY CHARTER 36 47
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CHAPTER I PURPOSE
The purpose of the City of Aurora Issue & Political Action Committee Instruction Manual is to generally describe the procedures required for Issue Committees and Political Action Committees who wish to get involved in the Municipal Election processes. The provisions of the Colorado Municipal Election Code, Uniform Election Code, the Aurora Municipal Code, and the Aurora City Charter govern these procedures.
Sample copies of the various forms to be filed are included on the CD. The forms are also located on the Elections page of the Citys web site at www.auroragov.org
Because this manual contains references to City Charter provisions and City Ordinances, these legislative provisions are subject to being amended from time to time. Therefore, it is incumbent upon any individual relying on this Manual to ensure that no legislative acts have postdated the date contained in the first page of this Manual.
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CHAPTER II - ROLES
Committee. Issue Committees and Political Action Committees are encouraged to work closely with the City Clerks Office during the election process to comply with all city and state election rules and regulations. Committees will supply the City Clerk with the required information and forms in a timely manner. Committees will understand that failure to comply with said requirements may result in fine and disqualification from appearing on the ballot.
City Clerk. It is the duty of the City Clerk to supervise and conduct all aspects of an election. The City Clerk is responsible for the planning and preparation of elections including offering and providing assistance in election matters to Candidates, Committees, Citizens, City Council, Staff and others. The City Clerk supplies the required election forms.
City Attorney's Office. It is the duty of the City Attorney's office to advise the City Clerk, Election Commissioners, or other City officials concerning the laws pertaining to an election. The City Attorney shall be responsible for providing legal advice both in oral and written form to the City Clerk, Election Commission, or other City officials regarding such laws. On Election Day, the City Attorney shall be available to the City Clerk and Election Commission or other City officials as deemed necessary in order to provide timely advice to such officials on matters that may arise during the election.
Election Commission.
It is the duty of the Election Commission to establish new ward
boundaries and to provide opinion of Election related legislation when necessary. In the event of a tie vote in an election for any city office or on any ballot question, the Election Commission shall determine by lot the person or persons who shall be elected or the outcome of the ballot question. The Clerk is a non-voting member of the Election Commission. Members of the Election Commission assist the City Clerks Office on Election Day when necessary.
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CHAPTER III AURORA CAMPAIGN FINANCE LAW

Section 54-133 of the Aurora City Code details the rules and regulations concerning contributions and expenditures to the campaigns of Candidates and Committees. A copy of the law is included in the Manual, in addition to other sections of Chapter 54, Elections, of the Aurora City Code. An Issue committee" means two or more persons who are elected, appointed, or chosen, or have associated themselves, for the purpose of accepting contributions and making expenditures to support or oppose any ballot issue or ballot question of the city; or any partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons that has accepted total contributions in excess of $500.00 or made total expenditures in excess of $500.00 to support or oppose any ballot issue or ballot question of the city. A Political Action Committee" means two or more persons who are elected, appointed, or chosen, or have originally associated themselves, for the purpose of making contributions to Candidate Committees, Issue Committees, Exploratory Committees, or other Political Action Committees, or for the purpose of making independent expenditures.
The required forms to be filed by candidates and committees pursuant to the Aurora Campaign Finance Law are contained in the Candidate Manual. The following pages depict the filing criteria and dates for filing.
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CHAPTER IV FILING REQUIREMENTS ISSUE COMMITTEE POLITICAL ACTION COMMITTEE Election Day - November 1, 2011
The following forms must be filed with the Aurora City Clerks Office on or before the dates noted.
DEADLINES Before accepting any contributions
FORM OR ACTION Registration of Issue or Political Action Committees Pg. 9 - 12 Campaign Statement of Contributions & Expenditures Pgs. 13 - 19 Political Signs Political Signs
REMARKS
All contributions must be deposited in a separate bank account in the Committee's name. [Section 54-133(d)(3)]
August 3, 2011 October 11, 2011 October 28, 2011 December 3, 2011 September 16, 2011 November 8, 2011
Political Action Committees need only file a report on these dates during an election year. Issue Committees need only file a report on these dates when their Issue is on the upcoming ballot. [Section 54-133(d)(2)(a)] First day political signs may be posted. Political signs must be removed by this date.
November 1, 2011
Annual Campaign Statement of Contributions & Political Action Committees & Issue Committees must file on Nov. Expenditures 1st each off-election year. Pgs. 13 - 19
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City of Aurora
REGISTRATION OF ISSUE COMMITTEE

Issue Committees must file this registration with the City Clerk prior to accepting any contributions as required by Aurora City Code Section 54-133(d)(3). 1. Full Name of Issue Committee:
(Spell out any Acronyms)
____________________________________________________
Street Address for Principal Place of Operation: _____________________________________________ Phone No.: ________________________________________________________________________
E-mail Contact: ______________________________________________________________________ 2. List name, address, and telephone number of Registered Agent*. Name: Address: Phone No.: 3. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
List name, address, and telephone number of Treasurer. Name: Address: Phone No.: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
4.
State the purpose or nature of interest of the Committee. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________
Date: _______________________ Signature of Registered Agent:
* A Registered Agent is responsible for maintaining all committee records and filing all reports pursuant to City Code Section 54-133(d). The agent must adhere to guidelines, limits, and restrictions and address all concerns and/or questions regarding the committee. All contributions received by an issue committee shall be deposited in a financial institution in a separate account whose title shall include the name of the issue committee. All records pertaining to the account must be retained for filing the required reports, and retained at least 90 days after closure of the account when the account balances to (-0-) zero. This account may not be closed if any legal action is pending which involves the committee or the required reports due from any committee.
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City of Aurora ISSUE COMMITTEE AFFIDAVIT

To the City Clerk, City of Aurora, Colorado. This is to certify that we, Intend to support/oppose to be voted on at the Special/General Municipal Election to be held on September 28, 2004.
I further certify that I am familiar with the provisions of the Section 54-133 of the Aurora City Code as the same may be amended from time to time.
(Issue Committee Representative Signature)
_____________________________________________________________________________ Issue Committee Representative Address
STATE OF COLORADO COUNTY OF CITY OF
) ) ss )
Before me, ___________________________________________________, an officer duly authorized to administer oaths, in and for said State, personally appeared _____________________________________ whose name is subscribed to the foregoing Issue Committee Affidavit and who being first duly sworn, upon oath says, that the foregoing statements are true and that he/she acknowledges the execution of said instrument to be his/her free act and voluntary deed for the uses and purposes therein set forth.
Subscribed and sworn to before me this ______ day of __________________________ 20________.
_______________________________________ (Notary Public)
My commission expires_______________
(SEAL)
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City of Aurora
REGISTRATION OF POLITICAL COMMITTEE

This registration must be filed with the City Clerk by Political Committees prior to accepting any contributions as required by Section 54-133(d)(3) of the Aurora City Code. 1. Full Name of Political Committee
(Spell out any Acronyms)
Street Address for Principal Place of Operation ____________________________________________________________________________________ Phone No. _____________________________________________
E-mail Contact ________________________________________________________________________ 2. List name, address and telephone number of Registered Agent*.
_ Name _ Address Phone No.
3.
List name, address and telephone number of Treasurer. _____________________________________________________________________________________ Name _____________________________________________________________________________________ Address Phone No.
4.
State the purpose or nature of interest of the Committee.
______________________________________________________________________________________ ______________________________________________________________________________________ 5. Is this Political Committee affiliated with another committee? Yes No If yes, name of committee: _________________________________________________________________
Date:
Signature of Registered Agent:
* A Registered Agent is responsible for maintaining all committee records and filing all reports pursuant to City Code Section 54-133(d). The agent must adhere to guidelines, limits, and restrictions and address all concerns and/or questions regarding the committee. All contributions received by an political committee shall be deposited in a financial institution in a separate account whose title shall include the name of the political committee. All records pertaining to the account must be retained for filing the required reports, and retained at least 90 days after closure of the account when the account balances to (-0-) zero. This account may not be closed if any legal action is pending which involves the committee or the required reports due from any committee.
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City of Aurora POLITICAL COMMITTEE AFFIDAVIT

To the City Clerk, City of Aurora, Colorado. This is to certify that we, Intend to support/oppose to be voted on at the Special/General Municipal Election to be held on ________________________________________.
I further certify that I am familiar with the provisions of the Section 54-133 of the Aurora City Code as the same may be amended from time to time.
(Political Committee Representative Signature)
_____________________________________________________________________________ Political Committee Representative Address
STATE OF COLORADO COUNTY OF CITY OF
) ) ss )
Before me, ___________________________________________________, an officer duly authorized to administer oaths, in and for said State, personally appeared _____________________________________ whose name is subscribed to the foregoing Political Committee Affidavit and who being first duly sworn, upon oath says, that the foregoing statements are true and that he/she acknowledges the execution of said instrument to be his/her free act and voluntary deed for the uses and purposes therein set forth.
Subscribed and sworn to before me this ______ day of __________________________ 20________.
(SEAL)
_______________________________________ (Notary Public)
My commission expires_______________
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INSTRUCTIONS FOR CAMPAIGN STATEMENT OF CONTRIBUTIONS AND EXPENDITURES

PRE-ELECTION The "pre-election" Campaign Statement of Contributions and Expenditures reports must be filed on August 3, October 11, and October 28, 2011. These reports must include all contributions received,
expenditures made, and obligations entered into by the candidate committee up to five days prior to these due dates. The five (5) day period is the time allowed for preparing the report. (See e-Filing)
All contributions must be reported. In addition, the report shall include the name and address of each person who has contributed $20 or more [Section 54-133(d)(1)(a)]. Any "gift or loan of property" (in-kind) contribution must also be included on the reports. [Section 54-133(d)(2)(d)]
All expenditures must be recorded on the report by name, address, date, purpose, and the amount of each expenditure of one cent to any amount. Additionally, all loans must be identified within e-filing by issuer, address, date, and interest rate.
Because of the nature of these disclosure requirements, no person is allowed to make any cash contribution exceeding $100 to a candidate or candidate committee. In addition, candidates and candidate committees are prohibited from making any cash expenditure exceeding $100 for purposes related to the candidate's campaign or the passage or defeat of an issue. [Section 54-133(b)(7)]
POST-ELECTION The post-election form and, in most cases, final Campaign Statement of Contributions and Expenditures must be filed no later than thirty (30) days after the date of the election on December 1, 2011. This form must include all contributions received and all expenditures made by, or on behalf of, the committee from the August 3, October 11, and October 28 reports to the December 1, 2011 report. (See e-Filing)
Committees in their off-election years need only file an annual November 1st report unless and until such candidate or candidate committee has filed a termination report.
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*** E-FILING ***

The City of Aurora utilizes what is called e-Filing for all campaign contribution and expenditure reporting. The e-Filing system is a web based application intended to assist candidates and committees with tracking contributions, expenditures and loans throughout their Committees formation.
The next several pages will assist and explain the basic functions of the system. Each candidate or committee will choose a user name and be given a temporary password at the time the Committee is created. The initial log in will require the password to be changed.
E-FILING ACCESS PORTAL

In order to edit and submit contribution/expenditure reports, Users must first visit the Campaign Finance Reports page located under the City Clerk / Elections site at www.auroragov.org
Click on the E-FILING ACCESS PORTAL link.
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PUBLIC HOME PAGE / ANNOUNCEMENTS

The first page that will be displayed is the home page. The home page will always have a brief announcement posted as either a reminder or alert. In order to gain access to a Users Committee reports, the User/Coordinator has to log in. Once logged in, the Users will be able to see the Home page PLUS all e-Filing material.
Click on the Login link located in the top right hand corner.
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LOGIN
Once at the login screen, the User/Coordinator must enter in their email in addition to their password. Only those email addresses designated by the Committee through the Clerk Office will be able to log in. Fill in the boxes and click the button that reads Log In.
First time users would have been given a temporary password and will be immediately prompted to make a password change. Fill in the boxes and click the button that reads Change.
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LOGGEDIN HOME PAGE /ANNOUNCEMENTS

Welcome! Once logged in the Users will notice that the Home Page displays a greater amount of options. At the top of the page there are five Links: 1) Home, 2) My Filings, 3) Change Password, 4) Reports, and 5) Logoff. At any point in time the Users may return to the Home Page, it will always be located in the top left hand corner.
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MYFILINGS
Once logged in, users will be able to view, edit, and submit filings. All filings can be found within the My Filings link located at the top left hand corner (next to Home). The Filing List records seven important kinds of data: 1) Status, 2) Election Date, 3) Committee, 4) Reporting Period, 5) E-mail Contact, 6) Last Updated, and 7) Actions.
Click on the New link located in the top left hand corner in order to begin working on a new filing. If interested in viewing a previously submitted report or generating a report for printing purposes, click on either the magnifying glass icon or the notebook icon located under Actions.
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NEWFILINGS
Before setting up the new filing, the User will be asked which Election Date and which Reporting Period the filing is to be filed under. Fill in the appropriate information and then click the button that reads Save.
If the User accidently indicates a Reporting Period that has already been submitted, the filing will not be permitted. (See below)
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Once the appropriate election date and reporting period are established, the next screen will display an overview of the Contributions and Expenditures for that period. Any and all funds that existed previously will carry over from the past reporting periods, essentially eliminating calculation errors. From here the Users can edit each of the four Schedule reports (A, B, C, and D) by merely clicking on the Schedule specific button on the bottom half of the page. While working on the report, if the User is not yet ready to submit but wishes to store all newly entered data and progress, they need only click the button that reads Save. Once all four Schedule reports have been completed and double checked by the Users, a Candidate or Treasurer has the authority/ability to click the button that reads Submit. Once the report is submitted it can no longer be edited and will be officially part of the record.
* Notice Line 5 of the Detailed Summary of Report, it illustrates the end result. This is the amount the Committee is reporting exists within their Bank Account at the end of the reporting period.
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SCHEDULEA CAMPAIGN LOANS

When trying to edit the Schedule A report the User must click on the blue link at the top that reads New. If and when one exists, Users have the option to edit and delete by clicking on the pencil icon or the red icon that will be located on the right hand side of the page next to each individual entry.
The Schedule A form is a form designed to track loans. Information that is required is: the name of the loan source, the address, the specific amount, interest rate, loan dates, and payment reporting. Users must click the button that reads Save when done filling out the required fields. Once saved, Users will be able to add Endorsers by clicking the blue link with the same name. There is no limit to the amount of endorsers that a loan may possess. An Endorser is a guarantor of the loan, meaning they can give assurance that they loan will be repaid.
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SCHEDULE B CONTRIBUTIONS
When trying to edit the Schedule B report the User must click on the blue link at the top that reads New. Each contribution must be entered independently; nevertheless the Schedule B report will calculate all entries and display a running tally as each new contribution is entered. Once entries are entered, Users will always have the option to edit and delete by clicking on the pencil icon or the red icon that will be located on the right hand side of the page next to each individual entry.
The Schedule B form is a form designed to track itemized contributions. Information that is required is: the name of the contributor, the address, the date of the contribution, and the specific amount.
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In addition to entering in all itemized contributions, Users must fill in line 2 labeled Total Non-itemized Contributions. A non-itemized contribution is any currency or check given in amounts less than $20. Once again, the Schedule B report will calculate all entries and display a running tally with line 4 being the end result of all contributions, including any loans from the Schedule A report.
* Notice the pencil icon and red icon located on the right hand side of the page next to each individual entry. These are the edit and delete icons.
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SCHEDULE C EXPENDITURES
When trying to edit the Schedule C report the User must click on the blue link at the top that reads New. Each expenditure must be entered independently; nevertheless the Schedule C report will calculate all entries and display a running tally as each new expenditure is entered. Once entries are entered, Users will always have the option to edit and delete by clicking on the pencil icon or the red icon that will be located on the right hand side of the page next to each individual entry.
The Schedule C form is a form designed to track itemized expenditures. Information that is required is: the name of the expenditure, the address, the purpose, the date, and the specific amount.
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Once again, the Schedule C report will calculate all entries and display a running tally with line 3 being the end result of all expenditures.
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SCHEDULE D IN KIND CONTRIBUTIONS

When trying to edit the Schedule D report the User must click on the blue link at the top that reads New. Each In-Kind Contribution must be entered independently; nevertheless the Schedule D report will calculate all entries and display a running tally as each new In-Kind Contribution is entered. Once entries are entered, Users will always have the option to edit and delete by clicking on the pencil icon or the red icon that will be located on the right hand side of the page next to each individual entry.
The Schedule D form is a form designed to track In-Kind Contributions. Information that is required is: the name of the contributor, the address, the description of the contribution, the date, and the fair market value of the contribution.
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In addition to entering in all itemized In-Kind Contributions, Users must fill in line 2 labeled Total Nonitemized In-Kind Contributions. A non-itemized in kind contribution is any contribution given with a fair market value of less than $100. Once again, the Schedule D report will calculate all entries and display a running tally with line 3 being the end result of all In-Kind Contributions.
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SUBMITFILING
Congratulations! You have completed all schedule reports and are ready to submit. As noted earlier, once all four Schedule reports have been completed and double checked by the Users, a Candidate or Treasurer has the authority/ability to click the button that reads Submit. Once the report is submitted it can no longer be edited and will be officially part of the record.
When the Candidate/Treasurer clicks submit, they will be prompted to certify that the e-Filing is in fact a true and correct filing. The User must then click the open box agreeing to the above statement and then click on the button that reads Submit.
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Once the filing is submitted, the Candidate and Treasurer of the Committee will receive an instant email confirmation that may read:
In addition, a pdf file will be attached that shows the entire filing with an overall summary as well as each individual Schedule report. The report will be made available on the Citys Election site in order to have complete transparency for the taxpayers.
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CHAPTER V USE OF POLITICAL SIGNS

January 2011 Dear Committee/Sponsor: In the event your intend to erect signs within the boundaries of the City of Aurora on behalf of a candidate for elected office or supporting a position on a constitutional amendment, referendum or issue, there are some rules that you should consider. These same rules are being sent to all registered candidates and Committees which might be advertising in the City, so all candidates and special interest groups will be expected to comply equally. Points to consider when erecting election signs in Aurora: Mail ballot election signs cannot be erected anywhere in the City of Aurora more than 45 days prior to the election for which they apply, other than those on developed properties located in Residential zones, and must also be removed no later than 7 days following the date of election. Political signs can be no larger than six (6) square feet in area. Free standing political signs must be solidly supported in the ground, in good repair, and firmly attached to mounting devices. Political signs cannot be attached to any traffic control device, directional or regulatory sign, located in the public right-of-way. Public right-of-way includes all street medians, visibility triangles (equilateral triangle areas at intersections extending approximately 30 feet from corner), and highway/street shoulders. Generally, right-of-way along highways and streets extends in towards the property approximately ten (10) feet from the curb, flow line, or gutter. Political signs are not be erected on any public property, such as parks, public buildings, bike paths and/or public signs. Political signs do not require a permit, but this exemption does not relieve the owner (candidate) of the responsibility for the erection, maintenance and compliance with the provisions of the code or ordinances pertaining to signs. To place a political sign on a vacant property requires the permission of the property owner before posting. To obtain owner information of a vacant property the following information is provided: For properties in Arapahoe County call 303-795-4600, for Adams County call 303-654-6038. Political signs in violation of any portion of the City Code may be confiscated without Notice by City Staff according to the provisions of Aurora City code {Sections 146-1609(6)}. They may be picked up at Central Fleet Facilities on 13636 E Ellsworth Avenue. While we want you to feel free to exercise your right to publicize your candidacy or position, we also want you to be considerate of the law and the property of the citizens of Aurora. If you have any questions about the contents of this letter, specific provisions of the code, acceptable or unacceptable locations, or desire clarification of any issue, please call me at 303-739-7280.
Sincerely, Ron Moore, Manager Neighborhood Support Division
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CHAPTER VI - ELECTION NIGHT - VOTE TABULATION AND CANVASS OF VOTES

Election Night - Vote Tabulation. The City of Auroras Public Information Officers will periodically release Election results to the media after 7:30 p.m. on Election Night. When 100% of the vote has been received, a final report will be issued. The City Clerk shall coordinate with the Public Information Officers the election results from each county. The Clerk shall, upon completion of the vote tabulation, advise City management that the final results have been reported. However, these are not the official results. The morning after the election, copies of the vote tabulation will be available in the City Clerk's Office, Access Aurora, and on the Citys website, www.auroragov.org. Canvass of Vote. The Colorado Municipal Election Code and Uniform Election Code govern the canvass of votes. The City Clerk ensures that a canvass of the votes is completed and the Statement and Certificate of Determination are prepared. This canvass shall be conducted as soon after the election as possible. Upon completion of the canvass, the Clerk shall sign and date the Statement and Certificate of Determination. The canvassed Statement and Certificate of Determination becomes the official record of the election results. The Clerk shall publish the document in the City's legal newspaper and on the Citys web site.
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CHAPTER VII - WARD MAP

The following is a brief resume of the city charter, city code, statutes, and legal requirements that must be considered in ward boundary re-alignment: Aurora City Charter Article II, 2-3, specifies that the Election Commission be charged with the duty to make recommendations to the City Council for the creation of new ward boundaries. Aurora City Charter Article III, 3-4, determines the 180-day time frame for City Council to adopt ward boundaries prior to an election. Aurora City Code Section 54-3(b), requires that in 1999, the ward boundaries within the City be reviewed every four (4) years, and if necessary, be revised or altered to ensure that wards are contiguous, compact, and have approximately the same number of residents. Following the 1999 election and thereafter, for election years ending in 3 and 9, wards shall be reviewed and revised or altered in order to ensure that wards are contiguous, compact, and have approximately the same number of residents. EXAMPLE: In 1994 for 1995, we analyzed and reviewed the population figures to ensure compliance with the maximum 5% population differential provision of Article V of the Colorado Constitution. This analysis was performed in 1994 in preparing the 1995 ward boundaries. Aurora City Code Section 54-3(c), allows for revisions to be made as necessary to bring the ward boundaries into conformance with the county precincts. In these situations, we only review the latest county precinct maps and revise the Aurora Ward Map accordingly. These revisions are normally done in between required reviews for ward boundaries based on population statistics. Section 2-2-203(3), C.R.S. 1997, provides that, pursuant to the requirement of the Constitution, compactness is required in establishing representative districts. We have applied this provision of the Colorado statutes to the re-alignment of Aurora ward boundaries. Further issues determined either by State Statues, Colorado Constitution, or case law are incorporated in the criteria below and has been the basis for determining Aurora ward boundaries since 1975.
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APPENDIX
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Appendix A CITY ELECTION CODE CHAPTER 54

Article II NOMINATION OF CANDIDATES FOR MUNICIPAL OFFICE Sec. 54-31. Electors eligible to hold municipal office. Every registered elector who is 21 years of age or older prior to the date of the election, who has resided within the city for at least one year prior to the date of the election, and who is a citizen of the United States is qualified to hold elective office within the city. Candidates for ward seats are also required to be one-year residents and qualified electors of the respective wards from which they are elected. Persons convicted of a felony shall not become a candidate and are not qualified to hold elective office. Candidates, if elected, shall not hold any other elective public office or be a salaried employee of the city. (Code 1979, 14-25) Sec. 54-32. Nomination of municipal officers. (a) Candidates for municipal office shall be nominated, without regard to political party affiliation, by petition on forms supplied by the city clerk. The petition of nomination shall contain the name and address of only one candidate. The petition may designate three or more persons as a committee to fill a vacancy in such nomination. (b) Nomination petitions may be circulated and signed beginning on the 90th day and ending on the 70th day prior to the date of election. Each petition shall be signed by the registered electors in the following numbers: (1) (2) For a candidate for an at-large and mayor seat, at least 100 registered voters residing within the city. For a candidate from a ward within a city, at least 50 registered electors residing in the candidate's ward.
(c) Each registered elector signing a petition shall add to the signature a place of residence. The circulator of each nomination petition shall make an affidavit that each signature thereon is the signature of the person whose name it purports to be, and that each signer has stated to the circulator that he or she is a registered elector of the city or the city and ward, as the case may be, for which the nomination is made. The signature of each signer of a petition shall constitute prima facie evidence of qualifications without the requirement that each signer make an affidavit as to qualifications. (d) No petition shall be valid that does not contain the requisite number of signatures of registered electors. Any such petition may be amended in this respect at any time prior to 62 days before the date of election, unless such petition does not initially contain the requisite number of signatures. Any person signing a nomination petition for a candidate for a ward office must reside within the same ward as the candidate from such ward. (e) No registered elector shall sign more than one nomination petition for each separate office to be filled. Each council office that is to be filled by the electorate shall be considered as a separate office for the purpose of nomination. An elector may sign one nomination petition for one candidate from his or her ward of residence, as well as one petition for the office of mayor. An elector may also sign two nomination petitions for two candidates for at-large offices. (f) Each nomination petition shall be filed with the clerk no later than the 70th day prior to the day of election. Every such petition shall have endorsed thereon or appended thereto the written affidavit of the candidate accepting such nomination. The acceptance of nomination shall contain the place of residence of the candidate and the name of the candidate in the form that he or she wishes it to appear on the ballot. The candidate's name may be a nickname or include a nickname but shall not contain any title or degree designating the business or profession of the candidate. A candidate may run for one office per election. (g) Nominated candidates shall have their names arranged alphabetically on the ballot by their legal last names.
(h) The city clerk shall cause all nomination petitions to be preserved for a period of two years. All such petitions shall be open to public inspection under proper regulation by the city clerk. (Code 1979, 14-26; Ord. No. 96-76, 3, 12-30-96) Sec. 54-33. Withdrawal of nominations. (a) Any person who has been nominated as a candidate for municipal election, and who has accepted a nomination, may cause his or her name to be withdrawn from such nomination at any time prior to 63 days before the election by submitting to the city clerk a written affidavit requesting withdrawal from such nomination. The affidavit shall be signed by the candidate.
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(b) If the nomination petition designates three or more persons as a committee to fill a vacancy, the city clerk shall immediately notify such person(s) of the candidate's withdrawal. If there is no committee designated, the city clerk shall immediately notify the three persons whose names appear at the top of the nomination petition of the withdrawal of the candidate. (Code 1979, 14-27; Ord. No. 96-76, 4, 12-30-96) Sec. 54-34. Vacancies in nominations. (a) If any candidate for municipal office dies or withdraws from the nomination prior to 63 days before the day of election, the vacancy may be filled by the vacancy committee, if any, or, if no vacancy committee is designated, by a petition in the same manner required for original nomination. If the petition of nomination is insufficient or inoperative because of the failure to remedy or cure the petition, the vacancy thus occasioned may be filled by petition in the same manner as required for original nomination. (b) Any certificate of nomination or petition to fill a vacancy shall be filed with the city clerk not later than the 61st day before the day of election. (Code 1979, 14-28; Ord. No. 96-76, 5, 12-30-96) Sec. 54-35. Objection to nominations. All petitions for the nomination of candidates for municipal office that are in apparent conformity with the provisions of section 5432, as determined by the city clerk, are valid unless objection thereto is duly made in writing within three business days after their filing. If an objection is made, notice thereof shall be mailed to any candidate who may be affected. The city clerk shall decide objections within two business days after they are filed. Any objections sustained may be remedied or defect cured upon the original petition by an amendment thereto, or by filing a new petition within three business days after such objection is sustained, but in no event later than the 58th day before the day of election. The city clerk shall determine the validity of all objections and such decision shall be final, subject only to judicial review if prompt application is made. (Code 1979, 14-29; Ord. No. 96-76, 6, 12-30-96; Ord. No. 99-26, 3, 5-17-99) Sec. 54-36. Write-in candidates. (a) No write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the city clerk by the person who is to be the write-in candidate at least 62 days before the election. Such affidavit shall indicate that such person wishes to hold the elective office, and is qualified to assume the duties of that office if elected. All write-in candidates shall comply with the Colorado Fair Campaign Practices Act (C.R.S. 1-45-101 et seq.) by filing a candidate's affidavit, committee's statement of organization, qualification statement, and the required statements of contributions and expenditures. (b) If a write-in vote is misspelled, the judges of the election shall count such vote if it can be determined that the written name was intended for a particular candidate. The judges of the election shall not count the write-in vote if the written name is so different or so defective that it fails to show the intention of the voter to vote for a particular candidate. The city clerk shall have the final authority to determine the validity of a misspelled write-in vote. (Code 1979, 14-30; Ord. No. 96-76, 7, 12-30-96; Ord. No. 99-26, 4, 5-17-99) Sec. 54-37. Challenge to candidate qualifications. (a) Initial verification by city clerk. The city clerk shall initially verify that every candidate for municipal office is qualified pursuant to section 54-31. (b) Written challenge. A challenge to a candidate's qualifications shall be set forth in writing and filed with the city clerk. The city clerk shall determine the procedure which will be followed to investigate the written challenge based on the nature of the challenge. The candidate shall be notified in writing within three business days of the challenge. (c) Private investigator. If a written challenge is made to a candidate's qualifications, as set forth in this article, the election commission shall be empowered to retain the services of a private investigator to gather evidence pertaining to such qualifications. All evidence gathered by a private investigator shall be exclusively provided to the city clerk. (d) Residency. The city clerk, in determining the residence of a person who is a candidate, shall be governed by the following rules: (1) The residence of a candidate is the principal or primary home of a candidate. A principal or primary home is that residence or place in which a candidate's habitation is fixed and to which the candidate, whenever absent, has the present intention of
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returning after a departure or absence therefrom, regardless of the duration of such absence. A residence is a permanent building or part thereof, including a house, condominium, apartment, room in a house, or mobile home. No vacant lot shall be considered a residence. (2) In determining what is a principal or primary place of residence of a candidate, the following circumstances relating to such candidate may be taken into account: business pursuits; employment; income sources; residence for income or other tax purposes; age; marital status; residence of parents, spouse and children, if any; leaseholds; situs of personal and real property; and motor vehicle registration. (3) A candidate shall not be considered to have lost residency if the candidate leaves home and goes into another state or territory or another county or municipality of this state merely for temporary purposes with an intention of returning. (4) elsewhere. A candidate shall not be considered to have gained a residency in the city while retaining a residence or domicile
(5) If a candidate moves from the city to any other municipality with the intention of making it the candidate's permanent residence, the candidate shall be considered to have lost the candidate's residency in the city. (6) For purposes of eligibility for office, no candidate is deemed to have gained a residence by reason of the candidate's presence or lost a residence by reason of the candidate's absence while in the civil or military service of the state or of the United States or while a student at any institution of higher education or while kept at public expense in any public prison or state institution unless the person is an employee or member of the household of an employee of such prison or institution. (7) The city clerk shall also take into consideration the candidate's stated intention as to where the candidate intends residency. The city clerk shall base a written decision, as set forth in subsection (f) of this section, on all the relevant surrounding facts and circumstances relating to a candidate's residence. (e) Public hearing. The city clerk shall preside over a public hearing to take evidence from any interested person relating to a candidate's qualifications which have been challenged. (1) hearing. (2) Advisory jury. The election commission shall serve as an advisory jury at the public hearing. Members of the advisory jury shall be empowered to ask questions of witnesses at the public hearing. At the conclusion of the evidence, the advisory jury shall make a recommendation in writing to the city clerk either affirming or disqualifying the candidate. (3) public hearing. Record of hearing. The public hearing shall be recorded by a certified shorthand reporter to preserve a record of the Notice. The city clerk shall publish a notice of the public hearing no less than seven calendar days prior to a public
(4) Burden of person making challenge. The person filing the written challenge shall have the burden of presenting evidence at the commencement of the hearing. If the person making the written challenge does not attend the public hearing or refuses to provide evidence at the public hearing, the city clerk may accept other evidence, including the testimony of witnesses who have information relating to the qualifications of the candidate who has been challenged. (f) Written decision. No later than five business days from the conclusion of the hearing, the city clerk shall render a written decision affirming or disqualifying the candidate. The decision of the city clerk shall be final. The written decision of the city clerk may be appealed to the Arapahoe County district court pursuant to the appropriate provision of Colorado Rules of Civil Procedure. (g) Applicability. Nothing in this section shall apply to the provisions of section 54-35. (Code 1979, 14-31; Ord. No. 95-53, exhibit A ( 14-31), 9-11-95; Ord. No. 96-76, 8, 12-30-96) Sec. 54-38. Cancellation of election. (a) A regular municipal election may be canceled when the ballot contains no questions for the electorate to determine the passage or defeat thereof and there are no more candidates than offices to be filled. The city clerk may begin proceedings to cancel the election on the 61st day prior to the election if there are not any affidavits of intent from qualified write-in candidates. (b) The governing body by resolution shall officially cancel the election and declare the candidates elected although the city clerk may have begun proceedings to notify the electorate of cancellation of the election.
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(Ord. No. 96-76, 9, 12-30-96) Secs. 54-39--54-65. Reserved.
Article V DISCLOSURE BY OFFICERS, EMPLOYEES AND CANDIDATES FOR OFFICE

Sec. 54-131. Declaration. In order to ensure the public confidence in the integrity of government officials and to promote trust of the people in their elected and appointed representatives, this open disclosure article is adopted. (Code 1979, 28-1) Sec. 54-132. Filing. Not more than 30 days after their election, reelection, appointment or retention in office, written disclosure, on forms to be supplied by the city clerk, of the matters required to be disclosed by this article, shall be made to and filed with the city clerk by the following: (1) (2) (3) Mayor and each member of the city council. City manager. City attorney.
(4) All appointed members of boards and commissions having duties relating to zoning. (Code 1979, 28-2) Sec. 54-133. Municipal election campaign finance and disclosure requirements. (a) Definitions. The following words, terms, and phrases, when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. (1) "Candidate" means any person who seeks nomination or election to any public office of the city that is to be voted on at the regular municipal election or any special municipal election. A person is a candidate for election if the person has publicly announced an intention to seek election to public office and thereafter has received a contribution in support of the candidacy. A person remains a candidate for purposes of this section as long as the candidate maintains a registered candidate committee. A person who remains a candidate after an election cycle by reason of the maintenance of a registered candidate committee, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, or may not seek elected office due to term limits, is an undeclared candidate for purposes of this article. (2) "Committee" means the following depending upon the context:
a. "Candidate committee" means a person, including the candidate, or persons with the common purpose of receiving contributions and making expenditures under the authority of a candidate. A candidate shall have only one candidate committee. A candidate committee shall be considered open and active until affirmatively closed by the candidate or by action of the city clerk. b. "Exploratory committee" means a committee which shall be formed by a person to receive contributions and make expenditures on behalf of an individual for the primary purpose of determining whether or not the individual should seek election to any public office of the city. Such committee shall be closed no later than 60 days prior to the regular municipal election for the particular public office to which election is being sought, or upon establishing a candidate committee. c. 1. "Issue committee" means two or more persons who are elected, appointed, or chosen, or have associated themselves, for the purpose of accepting contributions and making expenditures to support or oppose any ballot issue or ballot question of the city; or 2. Any partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons that has accepted total contributions in excess of $500.00 or made total expenditures in excess of $500.00 to support or oppose any ballot issue or ballot question of the city. For purposes of this subparagraph, the "expenditure" does not include expenditures made by persons in the regular course and scope of their business or in connection with communications sent solely to their members. The term "expenditure" also does not include a contribution, as defined in subsection (4) of this section; or
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3. Two or more persons who are elected, appointed, or chosen, or have originally associated themselves, for the purpose of accepting contributions or making expenditures to support or oppose the recall of an elected city official in a recall election. 4. "Issue committee" does not include exploratory committees, political committees, or candidate committees as otherwise defined in this section. 5. An issue committee shall be considered open and active until affirmatively closed by such committee.
d. "Political committee" means two or more persons who are elected, appointed, or chosen, or have originally associated themselves, for the purpose of making contributions to candidate committees, issue committees, exploratory committees, or other political committees, or for the purpose of making independent expenditures. "Political committee" does not include exploratory committees, issue committees, or candidate committees as otherwise defined in this section. (3) "Conduit" means a person who transmits more than one contribution from another person directly to a candidate, exploratory committee or candidate committee. "Conduit" does not include the contributor's immediate family members, the candidate or campaign treasurer of the candidate committee receiving the contribution, a volunteer fund raiser hosting an event for a candidate committee, or a professional fund raiser if the fund raiser is compensated at the usual and customary rate. A conduit is not a person who receives and delivers contributions that are made payable to the candidate, exploratory committee or candidate committee. (4) a. "Contribution" means:
1. The payment, loan, pledge, or advance of money, or guarantee of a loan, made to any candidate committee, issue committee, political committee, or exploratory committee; 2. Any payment made to a third party for the benefit of any candidate committee, issue committee, political committee, or exploratory committee; 3. Anything of value given, directly or indirectly, to a candidate for the purpose of promoting the candidate's nomination, retention, recall, or election; 4. With regard to a contribution for which the contributor receives compensation or consideration of less than equivalent value to such contribution, including, but not limited to, items of perishable or nonpermanent value, goods, supplies, services, or participation in a campaign-related event, an amount equal to the value in excess of such compensation or consideration as determined by the candidate committee, issue committee, exploratory committee or political committee. b. "Contribution" does not include services provided without compensation by individuals volunteering their time on behalf of a candidate, candidate committee, political committee, issue committee, or political party. c. "Contribution in kind" means the fair market value of any item of real or personal property, other than money, made to or for any candidate committee, issue committee, exploratory committee 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. Personal services are a contribution in kind by the person paying compensation therefor. In determining the value to be placed on contributions in kind, a reasonable estimate or fair market value shall be used. d. "Contribution in kind" does not include an endorsement of a candidate or an issue by any person.
e. "Contribution in kind" does not include the payment of compensation for legal and accounting services rendered to a candidate if person paying for the services is the regular employer of the individual rendering the services and the services are solely for the purpose of ensuring compliance with the provisions of this section. (5) "Election, cycle" means either:
a. The period of time beginning 31 days following a regular municipal election for the particular office and ending 30 days following the next regular municipal election for that office or; b. The period of time beginning 31 days following a regular municipal election for the particular office and ending 30 days following the special municipal election for that office or; c. The period of time beginning 31 days following the special municipal election for the particular office and ending 30 days following the next regular municipal election for that office.
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(6) "Expenditure" means the payment, distribution, loan, or advance of any money by any candidate committee, political committee, issue committee, or exploratory committee. "Expenditure" also includes the payment, distribution, loan, or advance of any money by a person for the benefit of a candidate committee, political committee, issue committee, or exploratory committee that is made with the prior knowledge and consent of an agent of the committee. An expenditure occurs when the actual payment is made or when there is a contractual agreement and the amount is determined. (7) "Person" means any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons. (8) "Unexpended campaign contributions" means the balance of funds on hand in any candidate committee or exploratory committee at the end of an election cycle, less the amount of all unpaid monetary obligations incurred prior to the election in furtherance of such candidacy. (b) Contribution restrictions.
(1) No political committee shall accept a combined total of contributions and contributions in kind from any person in excess of $25,000.00 per year. (2) No candidate committee shall make a contribution or contribution in kind to or accept a contribution or contribution in kind from a candidate committee of another candidate. (3) No candidate committee, issue committee, political committee, or exploratory committee shall accept contributions from any natural person who is not a citizen of the United States, from a foreign government, or from any foreign corporation that does not have authority to transact business in this state pursuant to art. 115 of tit. 7, C.R.S. (4) No candidate committee shall accept a combined total of contributions and contributions in kind in excess of $25,000.00 during such candidate committee's election cycle from a candidate committee of the same candidate that was established for a different public office. (5) No later than ten business days after receiving a contribution in excess of the limits set forth in this section, the committee that received the contribution shall return the excess to the contributor. (6) All contributions received by a candidate committee, issue committee, political committee, or exploratory committee shall be deposited in a financial institution in a separate account whose title shall include the name of the committee or political party. All records pertaining to such accounts shall be maintained by the committee or political party for 90 days following any general election in which the committee or party received contributions unless a complaint is filed, in which case they shall be maintained until final disposition of the complaint and any consequent litigation. Such records shall be subject to inspection at any hearing held pursuant to this article. (7) No candidate committee, political committee, issue committee or exploratory committee shall accept a contribution, or make an expenditure, in currency or coin exceeding $100.00. (8) No person shall make a contribution to a candidate committee, issue committee, political committee or exploratory committee with the expectation that some or all of the amounts of such contribution will be reimbursed by another person. (9) An undeclared candidate who is an elected and serving municipal office holder may maintain a candidate committee during such person's term of office and accept contributions, subject to the limitations set forth in this section. (c) (1) 1. 2. 3. 4. Unexpended campaign contributions. a. Unexpended campaign contributions to a candidate committee may be:
Contributed to a political party; Donated to a charitable organization recognized by the Internal Revenue Service; Returned to the contributors, or retained by the committee for use by the candidate in a subsequent campaign; Contributed to a candidate committee established by the same candidate for a different public office.
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b. In no event shall contributions to a candidate committee be used for personal purposes not reasonably related to supporting the election of the candidate. c. A candidate committee for a former officeholder or a person not elected to office shall expend all of the unexpended campaign contributions retained by such candidate committee, for the purposes specified in subsection (1), no later than nine years from the date such officeholder's term expired or from the date of the election at which such person was a candidate for office, whichever is later. (2) In addition to any use described in subsection (1), a person elected to a public office may use unexpended campaign contributions held by the person's candidate committee for any of the following purposes: a. b. c. d. Voter registration; Political issue education, which includes obtaining information from or providing information to the electorate; Postsecondary educational scholarships; To defray reasonable and necessary expenses related to mailings and similar communications to constituents;
e. Any expenses that are directly related to such person's official duties as an elected official, including, but not limited to, expenses for the purchase or lease of office equipment and supplies, room rental for public meetings, necessary travel and lodging expenses for legislative education such as seminars, conferences, and meetings on legislative issues, and telephone and pager expenses. (3) Unexpended contributions to an issue committee may be donated to any charitable organization recognized by the internal revenue service or returned to the contributors. (d) Disclosure.
(1) a. All candidate committees, political committees, exploratory committees and issue committees, shall report to the city clerk their contributions received, including the name and address of each person who has contributed twenty dollars or more; expenditures made; and obligations entered into by the committee. b. For purposes of complying with the requirements of this subsection (1), an issue committee shall report only those contributions accepted, expenditures made, and obligations entered into for the purpose of supporting or opposing a ballot issue or ballot question. Such issue committee shall not be required to report donations, membership dues, or any other payments received unless such amounts are used or to be used for the purpose of supporting or opposing a ballot issue or ballot question. (2) a. Such reports shall be filed on the 90th day, 21st day and on the Friday before and 30 days after the municipal election in election years and annually in off-election years on the first day of the month in which the anniversary of the municipal election occurs. Any candidate committee whose candidate does not petition to become a candidate more than 90 days before the election shall have 15 days after filing such petition to file a disclosure report. 1. For purposes of this subsection, "election year" means each year in which the particular candidate committee's candidate, or issue committee's issue, appears on the ballot; and "municipal election" means the regular or special municipal election that decides an issue committee's issue and/or elects a person to the public office sought by the candidate committee's candidate. 2. day. b. The reports required by this subsection shall also include the balance of funds at the beginning of the reporting period, the total of contributions received, the total of expenditures made during the reporting period, and the name and address of the financial institution used by the committee. c. A candidate committee for a former officeholder or a person not elected to office that has no change in the balance of funds maintained by such committee, receives no contributions, makes no expenditure, and enters into no obligations during a reporting period shall not be required to file a report under this section for such period. d. In addition to any report required to be filed with city clerk under this section, all candidate committees, political committees, issue committees, and exploratory committees shall file a report of any contribution or contribution in kind of more than If the reporting day falls on a weekend or legal holiday, the report shall be filed by the close of the next business
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$1,000.00 at any time within 30 days preceding the date of a municipal election. This report shall be filed with the city clerk no later than five days after receipt of said contribution or contribution in kind. (3) All candidate committees, political committees, issue committees and exploratory committees shall register with the city clerk before accepting or making any contributions. Registration shall include a statement listing: a. b. c. d. e. The organization's full name, spelling out any acronyms used therein; A natural person authorized to act as a registered agent; A street address and telephone number for the principal place of operations; All affiliated candidates and committees; The purpose or nature of interest of the committee.
(4) Any political committee whose purpose is the recall of any elected official shall file a statement of organization with the city clerk within ten business days of receiving its first contribution. Reports of contributions and expenditures shall be filed with the appropriate officer within 15 days of the filing of the statement of organization and every 30 days thereafter until the date of the recall election has been established and then 14 days and seven days before the recall election and 30 days following the recall election. (5) Any candidate or candidate committee supporting any candidate, including an incumbent, in a recall election, shall file reports of contributions and expenditures with the appropriate officer 14 and seven days before the recall election and 30 days after the recall election. (e) Filing--Where to file--Timeliness.
(1) Reports required to be filed by this article are timely if received by the city clerk not later than the close of business on the due date. Reports must be filed in duplicate in their original form, or in accordance with the rules and regulations of the city clerk's office. (2) Reports required to be filed by this article are public records and shall be open to inspection by the public during regular business hours. One copy of the report shall be kept by the city clerk as a permanent record and the other copy shall be made available immediately in a file for public inspection. (3) Any report which is deemed to be incomplete by the city clerk shall be accepted on a conditional basis and the committee shall be notified by certified mail, return receipt requested, as to any deficiencies found. The committee shall have seven business days from receipt of such notice to file an addendum that cures the deficiencies. (f) Candidate affidavit--Disclosure statement.
(1) When any individual becomes a candidate, such individual shall certify, by affidavit filed with the city clerk within ten days, that the candidate is familiar with the provisions of this section; a. No candidate listed shall be required to file another disclosure statement if the candidate had already filed such a statement less than 90 days prior to filing the affidavit required by subsection (1) of this section. (g) (1) a. this section; b. Duties of the city clerk--Enforcement. The city clerk shall: Prepare forms and instructions to assist candidates and the public in complying with the reporting requirements of
Maintain a filing and indexing system consistent with the purposes of this section;
c. Make the reports and statements filed with the city clerk's office available to the public for inspection and copying no later than the end of the next business day after the date of filing. The city clerk may charge a reasonable fee for providing copies of reports in compliance with city policy. No information copied from such reports shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose;
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d. e.
Conduct hearings, as provided in subsection (2) of this section; Adopt rules and regulations consistent with the purposes of this article;
f. Keep a copy of any report or statement required to be filed by this article for a period of one year from the date of filing. In the case of candidates who were elected, those candidate's reports and filings shall be kept for one year after the candidate leaves office; (2) a. Any person who believes that a violation of this article has occurred may file a written complaint with the city clerk no later than 180 days after the date of the alleged violation. The city clerk shall determine if probable cause exists to take further action upon the complaint. If such a determination is made, the city clerk shall send notice to the affected party ("defendant"), and thereafter shall appoint a hearing officer who shall not be an officer, employee, or agent of the city, and shall not have any relationship with the complainant or defendant. b. The defendant and the city shall present evidence to such hearing officer in the form of testimony, documents, rebuttal testimony, and opening and closing statements. There shall be no cross examination. The hearing officer shall be entitled to examine any witness and request the submission of additional evidence and arguments. (h) Sanctions.
(1) In accordance with the process in subsection (g)(2)a. of this section, a hearing officer shall determine by a preponderance of the evidence if a violation of this article has been committed. Upon a finding against a defendant, the hearing officer shall then submit written findings of fact, and recommendations for sanctions to the mayor and city council. The city council shall then make a final determination as to any sanction that may be imposed. (2) In addition to any monetary penalties that may be imposed, any candidate found in violation of any provision of this article may be disqualified from office, or disqualified for any general election ballot as a local candidate for a period of four years following the date of such finding. (3) The city clerk, after proper notification by certified mail, return receipt requested, shall impose a penalty of $50.00 per day for each day that a statement or other information required to be filed by this article is not filed by the close of business on the day due. If the penalty is not paid within 30 days of demand, the matter shall be handled in the procedure specified in section (g)(2)a and subsections (1) and (2) of this section. (4) Failure to comply with the provisions of this article shall have no effect on the validity of any election.
(5) a. Any individual volunteering his or her time on behalf of a candidate or candidate committee shall be exempt from any liability for a fine or penalty imposed pursuant to this section in any proceeding that is based on an act or omission of such volunteer if: 1. The volunteer was acting in good faith and within the scope of such volunteer's official functions and duties for the candidate or candidate committee; and 2. (i) The violation was not caused by willful and intentional misconduct by such volunteer. Encouraging withdrawal from campaign prohibited.
(1) No person shall offer or give any candidate or candidate committee any money or any other thing of value for the purpose of encouraging the withdrawal of the candidate's candidacy, nor shall any candidate offer to withdraw a candidacy in return for money or any other thing of value. Any violation of this subsection shall be punishable by the general penalty provision specified in section 1-13 of this Code. (j) Limitations on contributions.
(1) a. No city agency, department, board, division, bureau, commission, or council shall make any contribution in campaigns involving the nomination, retention, or election of any person to any public office, nor shall any such entity expend any public moneys from any source, or make any contributions, to urge electors to vote in favor of or against any: 1. Local ballot issue that has been submitted for the purpose of having a title fixed pursuant to section 31-11-111, C.R.S. or that has had a title fixed pursuant to that section;
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2.
Referred measure, as defined in section 1-1-104(34.5), C.R.S.;
3. Measure for the recall of any municipal candidate that has been certified by the appropriate election official for submission to the electors for their approval or rejection. b. However, a city agency, department, board, division, bureau, commission, or council may respond to questions about any such issue described in this subsection (1)a if the member, employee, or public entity has not solicited the question. A member or employee of any such agency, department, board, division, bureau, commission, or council who has policy-making responsibilities may expend not more than $50.00 of public moneys in the form of letters, telephone calls, or other activities incidental to expressing his or her opinion on any such issue described in this subsection (1)a. (2) a. Nothing in this subsection (1) shall be construed as prohibiting an agency, department, board, division, bureau, commission, or council from expending public moneys or making contributions to dispense a factual summary, which shall include arguments both for and against the proposal, on any issue of official concern before the electorate in the city. Such summary shall not contain a conclusion or opinion in favor of or against any particular issue. As used herein, an issue of official concern shall be limited to issues that will appear on a municipal election ballot. b. any issue. Nothing in this subsection (1) shall be construed to prevent an elected official from expressing a personal opinion on
c. Nothing in this subsection (1) shall be construed as prohibiting a city agency, department, board, division, bureau, commission, or council of the state or any political subdivision thereof from: 1. Passing a resolution or taking a position of advocacy on any issue described in this subsection (1)a.; or
2. Reporting the passage of or distributing such resolution through established, customary means, other than paid advertising, by which information about other proceedings of such city agency, department, board, division, bureau, commission, or council thereof is regularly provided to the public. 3. Nothing in this subsection (1) shall be construed as prohibiting a member or an employee of a city agency, department, board, division, bureau, commission, or council from expending personal funds, making contributions, or using personal time to urge electors to vote in favor of or against any issue described in this subsection (1)a. (3) If any candidate who is also an incumbent inadvertently or unavoidably makes any expenditure which involves campaign expenses and official expenses, such expenditures shall be deemed a campaign expense only, unless the candidate, not more than ten working days after such expenditure, files with the city clerk such information as the city clerk may by rule require in order to differentiate between campaign expenses and official expenses. Such information shall be set forth on a form provided by the city clerk. In the event that public moneys have been expended. For campaign expenses and for official expenses, the candidate shall reimburse the city for the amount of money spent on campaign expenses. (4) Any violation of this subsection (j) shall be subject to the sanctions authorized in subsection (h). (Code 1979, 28-3; Ord. No. 95-53, exhibit A ( 28-3), 9-11-95; Ord. No. 96-76, 1, 2, 12-30-96; Ord. No. 99-26, 9, 5-17-99; Ord. No. 2003-13, 1, 4-14-2003) Sec. 54-134. Disclosure requirements. Full disclosure under this article shall be made by those individuals set forth in section 54-132 of: (1) The source of any income or losses, including sources of income, losses and capital gains held by the spouse of the person making the disclosure or held jointly with the spouse of the person making the disclosure and also including the source of any other income, losses or capital gains sustained by the person making the disclosure held or owned jointly with any other third party, not the spouse of the person making the disclosure, over which the person making such disclosure has the right to the majority control of such source of income, losses or capital gains. (2) Any insurance policy or trust owned by or created and endowed by a third person, other than the person making the disclosure and such person's spouse, the value of which is in excess of $5,000.00, which the person making the disclosure or the person making the disclosure and such person's spouse are joint beneficiaries. (3) The legal description of any real property located in the city or those properties lying outside the city whose closest boundary to the city limits is five miles or less, in which the person making the disclosure, solely or jointly with such person's spouse,
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has an interest, the value of which is in excess of $5,000.00. This subsection shall not apply to the person's residence or appurtenances thereto.
(4) The identity, by name, of all offices, directorships and fiduciary positions held by the person making the disclosure and such person's spouse, if such positions are with groups or organizations organized for profit.
(5) The identity, by name, of any person for whom lobbying is done, other than a municipal corporation or organization sponsored by a municipal corporation, and the identity of each lobbyist associated with the person making the disclosure. (6) Every creditor to whom the person making the disclosure owes money in excess of $1,000.00 individually or jointly with the person's spouse. (7) Businesses for profit located in or doing business in the city in which the person making the disclosure engages in a transaction for mutual gain. (8) Such additional information as the person making the disclosure might desire. (Code 1979, 28-4) Sec. 54-135. Alternate disclosure. Any person subject to this article may elect to file with the city clerk annually a copy of such person's federal income tax return, together with a statement of any other things required to be disclosed which are not reflected by the tax return in lieu of complying with section 54-134. (Code 1979, 28-5) Sec. 54-136. Annual disclosure. Any person required by this article to file a disclosure statement shall, on or before the second Monday in January of each year, file an amended statement with the city clerk or notify the city clerk in writing that such person has had no change of condition since the previous filing of a disclosure statement. The city clerk shall give written notice to each person required to make a disclosure under this article at least 30 days before such disclosure is required to be filed. (Code 1979, 28-6) Sec. 54-137. Public availability. (a) The city clerk shall make the reports and statements filed with him or her pursuant to this article available for public inspection and copying under his or her supervision, commencing as soon as practicable but not later than 72 hours following the day during which the request for inspection was received. The city clerk shall permit copying of any such report or statement by hand or by duplicating machine as requested by any person, at the expense of such person. No information copied from such reports and statement shall be sold or utilized by any person for the purpose of soliciting contributions or for any commercial purpose. (b) It shall be unlawful and a violation of this section for any person to utilize the information obtained from any inspection of the reports and statements required to be filed by this article for the purpose of soliciting contributions or for any commercial purpose. (Code 1979, 28-7; Ord. No. 99-26, 10, 5-17-99) Secs. 54-138--54-160. Reserved.
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Appendix B AURORA CITY CHARTER ARTICLES II & III

ARTICLE II ELECTIONS
2-1. General. Municipal elections shall be governed by the Colorado Municipal Election Code or the Colorado Uniform Election Code, as now existing or hereafter amended, except as modified by City Code. The council may use the registration lists as prepared and purged by the respective county clerks, and all electors who are registered in accordance therewith shall be entitled to vote at all city elections. (Ord. No. 87-202, 4, 11-3-87; Ord. No. 93-76, 1, 11-2-93) 2-2. Election commission. There is hereby created a nonpartisan election commission consisting of five (5) members. The members of the election commission shall be registered electors of the city appointed by city council to four-year terms which terms shall be staggered as provided by ordinance. Said appointed members, during their term of office, shall not hold any elective federal, state, county or city office, nor be employed by the city, nor shall they be candidates for any elective office in the city. The election commission shall select a chairman from among its appointed, voting members. The member so selected shall serve as chairman for the duration of his term of office as a member. The city clerk or his designee shall be a nonvoting member of the election commission. (Ord. No. 81-95, 1, 11-3-81; Ord. No. 91-47, 1, 11-13-91) 2-3. Powers and duties of commission. The election commission shall establish precincts and appoint the election judges for each precinct as provided by the Colorado Municipal Election Law, and shall have charge of all other activities and perform all other duties required of it by law or this Charter. The election commission shall have the power to adopt reasonable rules and regulations not in conflict with the Constitution of the State of Colorado or the Charter and ordinances of the city and to make recommendations to city council on all matters pertaining to elections, including but not limited to, the creation of new ward boundaries. In case of a tie vote on the election for any city office or on any ballot question, the election commission shall determine by lot the person or persons who shall be elected or the outcome of the ballot question. The election commission shall promulgate rules and regulations establishing a procedure by which such determination by lot shall be made. (Ord. No. 81-95, 2, 11-3-81; Ord. No. 87-202, 5, 11-3-87) 2-4. Municipal elections. A regular municipal election shall be held on the first Tuesday in November in odd-numbered years. Special elections shall be held in accordance with the provisions of this Charter. The polling places shall be open from 7:00 a.m. to 7:00 p.m. on election days. (Ord. No. 87-202, 6, 11-3-87; Ord. No. 95-43, 3, 7-31-95)
ARTICLE III - LEGISLATIVE BODY

*Editor's note: Section 7 of Ord. No. 87-202, adopted Aug. 31, 1987 and approved at an election held Nov. 3, 1987, amended the index of art. III by renumbering 3-5--3-12-4, 3-13 and 3-14 as 3-6--3-17, 3-18 and 3-19. Several of these sections were amended by later sections of the ordinance, with the exception of 3-9--3-11 and 3-13, such unamended sections being renumbered by the editor to correspond to the new art. III index. 3-1. City council. All powers of the City of Aurora not otherwise limited or conferred upon others by this Charter shall be vested in a council consisting of eleven members, one to be elected from each of the six wards, four to be elected from the city at large, and one who will run and be elected at large specifically for the office of mayor. In the event there are no candidates for mayor, there shall be five members elected at large, and the mayor shall be chosen by the council, from the members at large, after the election. (Ord. No. 83-137, 1, 11-8-83)
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3-2. Mayor and mayor pro tem. The mayor will be the presiding officer at all meetings of the city council. The mayor shall be considered a full-time officer of the city. However, the mayor shall not be entitled to cast a vote upon any resolution or ordinance unless it is to create or break a tie vote. The mayor shall be recognized as head of the city government for all ceremonial and legal purposes, and shall execute and authenticate legal instruments requiring a signature as such official. A mayor pro tem shall be elected by the councilmembers who shall act as mayor during the absence of the mayor with all power herein granted to the mayor. The mayor pro tem shall not be subject to the tie vote restriction relating to the mayor. (Ord. No. 73-193, 11-6-73; Ord. No. 87-202, 8, 11-3-87; Ord. No. 93-74, 1, 11-2-93) Editor's note: Section 3 of Ord. No. 93-74 provided that the position of full-time mayor would take effect on January 1, 1996. 3-3. Qualifications of elective officers. Each councilmember when elected shall be a registered elector, shall be a citizen of the United States of America, and shall have resided in the City of Aurora for at least one year prior to the date of the election and shall have reached their twenty-first birthday prior to the date of the election. Councilmembers elected from wards shall also be one-year residents and registered electors of the respective wards from which they were elected. A person who has been convicted of a felony shall not become a candidate for nor hold elective office. No councilmember shall hold any other elective public office nor be a salaried employee of the City of Aurora. (Ord. No. 87-202, 9, 11-3-87; Ord. No. 91-47, 1, 11-13-91; Ord. No. 95-43, 4, 7-31-95) 3-4. Wards. The City of Aurora is hereby divided into six wards whose boundaries shall be established by ordinance. Changes in the boundaries of wards may be made by ordinance adopted by council, after receiving the recommendation of the election commission at least 180 days prior to any regular municipal election. Wards shall be contiguous and compact, and shall have approximately the same number of residents. (Ord. No. 83-137, 2, 11-8-83) 3-5. Terms. Terms of the councilmembers shall begin at the commencement of the first regular council meeting after election in the year elected. Before entering upon the duties of office, each councilmember shall take an oath or affirmation supporting the Constitution of the United States of America, the Constitution of the State of Colorado, the Charter and ordinances of the City of Aurora, and faithfully perform the duties of office. Elections shall be nonpartisan. Two (2) councilmembers at large, the mayor, and Ward IV, V, and VI councilmembers shall be elected at one election. Councilmembers from Ward I, Ward II, Ward III and two (2) councilmembers at large shall be elected at the next election. The term of office of all elected councilmembers and the mayor shall be for four (4) years. (Ord. No. 69-25, 11-4-69; Ord. No. 83-137, 2, 11-8-83; Ord. No. 87-202, 10, 11-3-87; Ord. No. 91-47, 2, 11-13-91) 3-6. Salaries. The annual base salaries of the council of the City of Aurora for 1993 shall be as follows: Effective January 1, 1996 $40,000.00
Mayor Mayor Pro Tem Members of the Council
$11,847.00 $ 9,483.00 $ 8,293.92
and said salaries shall be modified annually in an amount equal to that cost of living increase or decrease occurring during the previous calendar year as determined by the United States Department of Labor Consumer Price Index for the region which includes the Denver metropolitan area or the average increase or decrease given to all city employees, whichever is less. Such salaries shall be in addition to any other emoluments of office and said cost of living increase or decrease shall not be deemed or construed to be an increase or decrease of those salaries set forth herein and paid during the term of any councilmember. (Ord. No. 78-150, 1, 11-7-78; Ord. No. 87-202, 11, 11-3-87; Ord. No. 93-74, 2, 11-2-93) Editor's note: Former 3-5-1 was renumbered and amended to read as set out in 3-6 by 11 of Ord. No. 87-202, approved at a city election held Nov. 3, 1987.
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3-7. Vacancies. A council seat shall become vacant whenever any councilmember is recalled, dies, becomes incapacitated, resigns, attains another elective office, is involuntarily removed from office, or becomes a nonresident of the city or ward from which elected. In case of a vacancy, the remaining council members shall appoint by majority vote, within thirty (30) days after such vacancy occurs, a duly qualified person to fill such vacancy. An appointment which occurs ninety (90) days or more before a regular election shall be in effect only until the date of the upcoming regular election. An appointment which occurs less than ninety (90) days before the upcoming regular election shall be in effect until the subsequent regular election unless the term expires at the upcoming election. If there are no candidates on the ballot to fill a vacancy, city council may appoint a duly qualified person for two (2) years. If more than five (5) vacancies occur simultaneously, the remaining council members shall call for a special election to fill such vacancies provided there will not be a regular municipal election within ninety (90) days. (Ord. No. 87-202, 12, 11-3-87) Editor's note: Former 3-6 was renumbered and amended to read as set out in 3-7 by 12 of Ord. No. 87-202, approved at a city election held Nov. 3, 1987. 3-8. Council meetings. Council shall meet regularly at the city hall at least twice each month at a time to be fixed by the rules of procedure of each council. The council shall prescribe rules of procedure to govern meetings. All meetings for the transaction of business shall be open to the public. Special meetings of the council may be called for such place and in the manner and at the time provided for by the rules of procedure. Six members of the council shall constitute a quorum. (Ord. No. 83-137, 4, 11-8-83; Ord. No. 87-202, 13, 11-3-87) Editor's note: Former 3-7 was renumbered and amended to read as set out in 3-8 by 13 of Ord. No. 87-202, approved at a city election held Nov. 3, 1987. 3-9. Powers of council. The council shall have all legislative powers of the city and all other powers of a home rule city not specifically limited by the Constitution of the State of Colorado and not specifically limited or conferred upon others by this Charter. It shall have the power to enact and provide for the enforcement of all ordinances necessary to protect life, health and property; to declare, prevent and summarily abate and remove nuisances; to preserve and enforce good government, general welfare, order and security of the city and the inhabitants thereof; to enact by ordinance provisions for fines and/or imprisonment, or other punishment, for each and every violation of ordinances or regulations duly passed by council; to provide for the granting of probation and the conditional suspension of sentences by the municipal court; and to delegate to boards and commissions, within limitations of the Constitution and this Charter, such functions, powers and authority of the city as it deems proper and advisable. The council, or a committee thereof duly authorized by it, shall have power to investigate the official acts and conduct of any officer of the city, and may compel the attendance and testimony of witnesses and the production of books and documents. (Ord. No. 81-111, 1, 11-3-81; Ord. No. 87-202, 14, 11-3-87) 3-10. Powers withheld from council. Neither the council nor any of its committees or members shall direct or request the appointment of any person to, or his removal from, employment by the city manager, or in any manner take part in the appointment or removal of employees in the administrative service of the city, except as otherwise provided in this Charter. The council and its members shall deal with that portion of the administrative service for which the city manager is responsible solely through the manager, and neither the council nor any member thereof shall give orders to any employee of the city either publicly or privately. Any violation of the provisions of this section by a member of the council shall constitute misconduct and shall be punishable in such manner as may be in the discretion of the other members of the council. Note: See the editor's footnote to the title of art. III. 3-11. Appointments by council. The council shall appoint the officers and all members of the boards and commissions as provided in this Charter. Except as otherwise provided herein, such persons shall serve at the pleasure of council and may be removed at any time, with or without cause. Note: See the editor's footnote to the title of art. III.
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City Issue and Political Committee Manual

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Issue Committee & Political Action Committee

www.co.arapahoe.co.us www.douglas.co.us www.auroragov.org

ISSUE & POLITICAL ACTION COMMITTEE MANUAL CONTENTS

APPENDIX: A. B. CITY CODE CHAPTER 54 CITY CHARTER 36 47

It is the duty of the Election Commission to establish new ward

CHAPTER III AURORA CAMPAIGN FINANCE LAW

DEADLINES Before accepting any contributions

REGISTRATION OF ISSUE COMMITTEE

Date: _______________________ Signature of Registered Agent:

City of Aurora ISSUE COMMITTEE AFFIDAVIT

(Issue Committee Representative Signature)

_____________________________________________________________________________ Issue Committee Representative Address

STATE OF COLORADO COUNTY OF CITY OF

Subscribed and sworn to before me this ______ day of __________________________ 20________.

_______________________________________ (Notary Public)

REGISTRATION OF POLITICAL COMMITTEE

State the purpose or nature of interest of the Committee.

Signature of Registered Agent:

City of Aurora POLITICAL COMMITTEE AFFIDAVIT

(Political Committee Representative Signature)

_____________________________________________________________________________ Political Committee Representative Address

STATE OF COLORADO COUNTY OF CITY OF

Subscribed and sworn to before me this ______ day of __________________________ 20________.

_______________________________________ (Notary Public)

INSTRUCTIONS FOR CAMPAIGN STATEMENT OF CONTRIBUTIONS AND EXPENDITURES

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E-FILING ACCESS PORTAL

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PUBLIC HOME PAGE / ANNOUNCEMENTS

LOGGEDIN HOME PAGE /ANNOUNCEMENTS

SCHEDULEA CAMPAIGN LOANS

SCHEDULE D IN KIND CONTRIBUTIONS

CHAPTER V USE OF POLITICAL SIGNS

Sincerely, Ron Moore, Manager Neighborhood Support Division

CHAPTER VI - ELECTION NIGHT - VOTE TABULATION AND CANVASS OF VOTES

CHAPTER VII - WARD MAP

Appendix A CITY ELECTION CODE CHAPTER 54

(Ord. No. 96-76, 9, 12-30-96) Secs. 54-39--54-65. Reserved.

Article V DISCLOSURE BY OFFICERS, EMPLOYEES AND CANDIDATES FOR OFFICE

Referred measure, as defined in section 1-1-104(34.5), C.R.S.;

Appendix B AURORA CITY CHARTER ARTICLES II & III

ARTICLE III - LEGISLATIVE BODY

Mayor Mayor Pro Tem Members of the Council

$11,847.00 $ 9,483.00 $ 8,293.92

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Subscribed and sworn to before me this day of ____________ 20.

Subscribed and sworn to before me this day of ____________ 20.

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