Sec. 54-2. Definitions.
The following words, terms, and phrases, when used in this chapter, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Active voter means a registered voter who has not been marked inactive by the clerk and recorder of the voter's county of residence according to C.R.S. § 1-2-605(1)(b)(i). Any registered elector whose registration record is marked "inactive" is eligible to vote in any election where registration is required if the elector meets all other requirements.
Ballot means the list of candidates, ballot issues, and ballot questions an eligible elector can vote on in an election.
Ballot issue means a nonrecall, citizen-initiated petition or legislatively referred measure which concerns local government matters arising under section 20 of article X of the State Constitution, i.e., matters of taxes, debt, and other financial matters. Ballot issues may only be voted on at general elections held each November.
Ballot question means any local government matter involving a citizen-initiated petition, including a petition to recall a public officeholder, or a legislatively referred measure, other than a ballot issue.
Ballot title means the official, short summary of a ballot measure that appears on the ballot.
Candidate means any person who seeks nomination or election to any public office of the City of Aurora that is to be voted on at a municipal election. A person is a candidate if the person has publicly announced an intention to seek election to public office; has circulated, or authorized another person to circulate, nomination petitions on behalf of their candidacy for public office; or has received a contribution or made an expenditure, or authorized another person to receive a contribution or make an expenditure, to support the person's election to public office. As used in the preceding sentence, "publicly announced" means organizing a candidate committee under section 54-103 or announcing an intention to seek public office through a speech, statement, or other public communication. Unless the context clearly indicates otherwise, "candidate" includes:
(1) An incumbent public officeholder, an unsuccessful candidate for public office, or former public officeholder, any of whom have not filed a termination report for their candidate committee with the city clerk.
(2) A public officeholder who is the subject of a recall election. For purposes of this provision, a public officeholder becomes the subject of a recall election when the city clerk has authorized the circulation of a petition for recall of the public officeholder under section 54-68(a).
(3) An agent of a candidate.
Circulator means a person who individually circulates a petition in an attempt to obtain signatures from qualified registered electors.
City clerk means the city clerk or the city clerk's designated representative.
Committee means any the following:
(1) Candidate committee means a committee organized by or on behalf of a candidate under section 54-103(a).
(2) Independent expenditure committee means a political committee that only makes independent expenditures and that does not make contributions to any candidate committee or to another political committee that makes contributions to any candidate committee.
(3) Issue committee means a person or a group of persons that receives contributions or makes expenditures, or anticipates receiving contributions or making expenditures, in an aggregate amount of $1,000 or more during an election cycle to support or oppose the qualification or passage of a ballot issue or ballot question. "Issue committee" includes a petition representative or other person that receives contributions or makes expenditures to support or oppose the recall of a public officeholder.
(4) Political committee means a person or a group of persons that is organized to support or oppose the nomination or election of one or more candidates and that receives contributions or makes expenditures, or anticipates receiving contributions or making expenditures, in an aggregate amount exceeding $400.00 during an election cycle.
a. "Political committee" includes an independent expenditure committee, small donor committee, political party, or a separate segregated fund established by a covered entity pursuant to section 54-101(e).
b. "Political committee" does not include a candidate committee, issue committee, or recall defense committee.
(5) Small donor committee means a political committee that accepts contributions only from natural persons who each contribute no more than $50.00 in the aggregate per calendar year.
(6) Recall defense committee means a committee organized under section 54-103(g) to oppose the recall of a public officeholder. A recall defense committee is separate from but subject to the same limits and restrictions on contributions as a candidate committee of the public officeholder on whose behalf the recall defense committee is organized.
(7) Unless the context clearly indicates otherwise, "committee" includes an agent of the committee.
Conduit means a person who transmits a contribution from another person to a committee. "Conduit" does not include the candidate or the treasurer of the committee receiving the contribution, a volunteer fundraiser hosting an event for a committee, or a professional fundraiser if the fundraiser is compensated at the usual and normal charge.
Contribution means a gift, subscription, transfer, loan, payment, advance, or deposit of money or other thing of value made to a person to support or oppose the nomination or election of one or more candidates, or the qualification or passage of a ballot issue or ballot question.
(1) "Contribution" includes:
a. A written contract, promise, or agreement to make a contribution.
b. Anything of value given, directly or indirectly, to a recall defense committee to oppose the recall of a public officeholder.
c. The payment by another person for goods or services rendered to a candidate or committee without charge or at a charge that is less than the usual and normal charge.
d. A loan, other than a commercial loan made in the ordinary course of the lender's business, to a candidate or committee, up until the time when the loan is fully paid. An unsecured loan is a contribution from the lender. A secured or guaranteed loan is a contribution from the guarantor or person whose property secures the loan.
e. An unpaid financial obligation which is forgiven.
f. A contribution in kind.
g. A payment or transfer of money or other thing of value received by a committee from another committee.
h. A coordinated expenditure.
(2) "Contribution" does not include:
a. Services provided without compensation by individuals volunteering their time on behalf of a committee.
b. Costs associated with the establishment, administration, and solicitation of contributions for a separate segregated fund established by a covered entity under section 54-101(e).
c. Payment of compensation for legal and accounting services rendered to a committee if the person paying for the services is the regular employer or client of the individual rendering the services and the services are solely to ensure compliance with the provisions of article IV of this chapter.
Contribution in kind means a contribution of goods, services, or other thing of value provided without charge or at a charge that is less than the usual and normal charge. Examples of such goods or services include, but are not limited to, securities, facilities, equipment, supplies, personnel, advertising services, membership lists, and mailing lists.
(1) If goods or services are provided at less than the usual and normal charge, the amount of the contribution in kind is the difference between the usual and normal charge for the goods or services at the time of the contribution and the amount, if any, charged to the recipient.
(2) "Contribution in kind" does not include an endorsement of a candidate or an issue by any person.
Coordinated election means an election where more than one political subdivision with overlapping boundaries or some electors in common holds an election on the same day, and the eligible electors are all registered electors. The county clerk and recorder is the coordinated election official who conducts the election on behalf of the political subdivisions.
Coordinated expenditure means any of the following:
(1) Payment for a public communication that republishes, disseminates, or distributes, in whole or part, any video, audio, written, graphic, or other form of campaign material, created or prepared by a candidate or candidate committee, unless the payment is made by the candidate or candidate committee that created or prepared the material, or the republished material is used to oppose the candidate or candidate committee that created or prepared the material.
(2) An expenditure or electioneering communication made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or candidate committee to support or oppose, or to influence voters about, that candidate or any other candidate who seeks election to that same office during that same election cycle. An expenditure or electioneering communication is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or candidate committee under any of the following conditions:
a. The expenditure or electioneering communication is made according to any expressed or implied agreement with, any general or particular understanding with, or according to any request by or communication with the candidate or candidate committee.
b. During the election cycle in which the expenditure or electioneering communication is made, the person making the expenditure was directly or indirectly established, maintained, controlled, or principally funded by the candidate or committee, or by an immediate family member of the candidate.
(3) During the six months before an individual becomes a candidate and for the remainder of that election cycle, the candidate or candidate committee actively solicited funds for a person so that such funds would be available to be used for one or more independent expenditures or electioneering communications to support or oppose, or influence voters about, any candidate who seeks election to the office sought by the candidate soliciting such funds; provided, however, that this limitation on solicitations of funds does not apply to that candidate's or candidate committee's solicitation of funds for its own use through an independent expenditure or an electioneering communication.
(4) Communications between the person making the expenditure or electioneering communication and the candidate or candidate committee only to discuss with the candidate the person's or the candidate's position on a policy matter or whether the person will endorse the candidate do not result in a coordinated expenditure under this subsection.
(5) A coordinated expenditure does not result if a person, making the expenditure or electioneering communication, has employed or otherwise retained the services of a provider of accounting or legal services as long as that provider only delivers those professional services that are within the scope of the legal or accounting professions.
Corporation means a domestic corporation incorporated under and subject to the "Colorado Business Corporation Act," articles 101 to 117 of title 7, C.R.S., a domestic nonprofit corporation incorporated under and subject to the "Colorado Revised Nonprofit Corporation Act," articles 121 to 137 of title 7, C.R.S., or any corporation incorporated under and subject to the laws of another state. For purposes of this article, "domestic corporation" means a for-profit or nonprofit corporation incorporated under and subject to the laws of the state of Colorado, and "foreign corporation" means a corporation incorporated under and subject to the laws of another state or foreign country. For purposes of this article, "corporation" includes the parent of a subsidiary corporation or any subsidiaries of the parent. "Subsidiary" means a business entity of which more than half of its stock is owned by another entity or person, or a business entity of which a majority interest is controlled by another person or entity.
Councilmember means a duly elected member of the governing body of the municipality. "Councilmember" will also include the office of mayor unless specifically noted otherwise.
Covered entity means any of the following:
(1) An organization or enterprise operated for profit, including a corporation, association, proprietorship, firm, partnership, business trust, holding company, limited liability company, limited liability partnership, or similar legal entity through which business is conducted.
(2) A labor organization.
(3) An organization or corporation that is tax-exempt under section 501(c) of the Internal Revenue Code of 1986.
(4) A political organization that is tax-exempt under section 527 of the Internal Revenue Code of 1986 and that is primarily operated for purposes other than to support or oppose the nomination or election of one or more candidates, or the qualification or passage of a ballot issue or ballot question.
Designated election official means the city clerk or other person contracting for or engaged in the performance of election duties as required by this Code.
Donation means a payment, transfer, loan, pledge, gift, advance of money, or other thing of value made to an independent spender.
(1) "Donation" does not include:
a. A payment received by a person in a commercial transaction in the regular course and scope of the person's business, trade, or investments.
b. Membership dues or fees paid to an organization by its members to the extent the dues or fees do not exceed $5,000 per member in a calendar year.
c. A payment or transfer of money or other thing of value made by a person if the person prohibited the recipient of the payment or transfer from directly or indirectly using the transferred money or thing of value for independent expenditures or electioneering communications, and the recipient agreed in writing to follow the prohibition and deposited the transferred money or thing of value in an account that is segregated from other funds directly or indirectly used for independent expenditures or electioneering communications.
Donor means a person that makes a donation to an independent spender.
Election cycle means one of the following:
(1) The period of time beginning 31 days following a general election for the particular office and ending 30 days following the next general election for that office.
(2) The period of time beginning when petitions are approved for a recall election and ending 30 days following the termination of the recall election, either by election, failure to collect sufficient signatures for recall petitions, or resignation of the incumbent who is the subject of the recall.
Electioneering communication means:
(1) A public communication that meets all of the following conditions:
a. Refers to a clearly identified candidate.
b. Is distributed within 120 days of a municipal election in which the candidate is on the ballot.
c. Can be received by members of the constituency eligible to vote for the candidate.
(2) "Electioneering communication" does not include:
a. A news story, editorial, or commentary distributed by a broadcasting station, including a cable television operator, programmer, or producer, or satellite television or radio provider, newspaper, magazine, website, or other periodical publication, including an online or electronic publication, that is not owned or controlled by a candidate or committee.
b. A communication made by a person, other than a candidate or committee, that proposes a commercial transaction in the regular course and scope of the person's business or trade.
c. A communication that constitutes a candidate debate or forum, or communication that solely promotes a candidate debate or forum made by the sponsor of such debate or forum.
d. A membership communication.
(3) An electioneering communication is made when the actual spending occurs or when there is a contractual agreement requiring such spending, and the amount is determined.
(4) For purposes of this article, clearly identified candidate means the candidate's name or nickname is used in the communication; a picture, drawing, or likeness of the candidate appears in the communication, or the identity of the candidate is otherwise apparent from reference in the communication.
Expenditure means the purchase, payment, distribution, loan, advance, deposit or gift of money or other thing of value made by a person to support or oppose the nomination or election of one or more candidates, or the qualification or passage of a ballot issue or ballot question. An expenditure occurs when the actual payment is made or when there is consideration received, whichever occurs first.
(1) "Expenditure" includes:
a. A purchase or payment made by a candidate or committee.
b. A payment, distribution, loan, or advance of any money or anything of value made by a person for the benefit of a candidate or committee that is made with the prior knowledge and consent of the candidate or committee.
c. A payment or transfer of money or other thing of value made by a committee to another committee.
d. An independent expenditure.
e. An electioneering communication made by a committee.
(2) "Expenditure" does not include:
a. A payment made by a person, other than a committee, in a commercial transaction in the regular course and scope of the person's business or trade.
b. A news story, editorial, or commentary distributed by a broadcasting station, including a cable television operator, programmer, or producer, or satellite television or radio provider, newspaper, magazine, website, or other periodical publication, including an online or electronic publication, that is not owned or controlled by a candidate or committee.
c. A candidate debate or forum, or communication that solely promotes a candidate debate or forum and is made by the sponsor of such debate or forum.
d. A payment for nonpartisan voter registration or get-out-the-vote efforts made by a person other than a committee.
e. A membership communication.
Final determination of sufficiency means a statement issued by the city clerk or designee following a protest hearing or the expiration of the time allowed for filing a protest, as to whether the petitioners have submitted a sufficient number of valid signatures on a petition.
Foreign-influenced corporation means a corporation or other entity to which any of the following applies:
(1) A foreign national or foreign owner holds, owns, controls, or otherwise has directly or indirectly acquired beneficial ownership of equity or voting shares equal to or greater than five percent of total equity or outstanding voting shares in the corporation or entity.
(2) Two or more foreign nationals or foreign owners hold, own, control, or otherwise have directly or indirectly acquired beneficial ownership of equity or voting shares in total equal to or greater than 20 percent of the total equity or outstanding voting shares in the corporation or entity.
(3) Any foreign national or foreign owner participates in any way, directly or indirectly, in the process of making decisions about the corporation's or entity's contributions, expenditures, or electioneering communications.
Foreign national means a foreign national as defined by 52 U.S.C. § 30121(b), or a foreign-influenced corporation.
Foreign owner means a corporation or other entity in which a foreign national holds, owns, controls, or otherwise has directly or indirectly acquired beneficial ownership of equity or voting shares equal to or greater than 50 percent of total equity or outstanding voting shares.
General election means the statewide election held on the Tuesday following the first Monday of November of each even-numbered year.
Independent expenditure means an expenditure to support or oppose one or more candidates that is not controlled by or coordinated with any candidate or candidate committee.
Independent spender means a person, other than a committee registered with the city clerk under section 54-103, that makes an independent expenditure or electioneering communication.
Initial determination of sufficiency means a statement issued by the city clerk or designee as to whether the petitioners have submitted a sufficient number of valid signatures on a petition.
Initiative means the right of registered electors to originate legally permissible municipal legislation by obtaining signatures on a petition resulting in the enactment of an ordinance by the city council or in a vote by the general electorate.
Labor organization means an organization of any kind, or an agency or employee representative committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
Membership communication means a communication made by an organization, including a covered entity, that is limited in circulation to principal owners, members, stockholders, or executive or administrative employees of the organization, unless the organization is organized to support or oppose the nomination or election of one or more candidates or the qualification or passage of a ballot issue or ballot question.
(1) "Membership communication" does not include a public communication or a communication that is distributed to persons who are not principal owners, members, stockholders, or executive or administrative personnel of the organization making the communication.
(2) For purposes of this chapter:
a. Member means a person who, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote directly or indirectly for the election of a director or officer of the organization, or on the disposition of all or substantially all of the assets of the organization, or on a merger or dissolution of the organization; or any person who is designated in the articles or bylaws of an organization as a member and, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote on changes to the articles or bylaws, or who pays or has paid membership dues or fees in an amount predetermined by the organization so long as the organization is tax exempt under section 501(c) of the Internal Revenue Code of 1986. A member of a local union or labor organization is considered to be a member of any national or international union or labor organization of which the local union or labor organization is a part and of any federation with which the local, national, or international union or labor organization is affiliated.
b. Stockholder means a person who has a vested beneficial interest in stock, has the power to direct how that stock will be voted if it is voting stock, and has the right to receive dividends.
c. Executive or administrative personnel means an individual employed by an organization who is paid on a salary rather than an hourly basis, and who has policy-making, managerial, professional, or supervisory responsibilities. "Executive or administrative personnel" includes an individual who runs an organization's business, such as officers, executives, and plant, division, and section managers, and individuals following the recognized professions, such as attorneys and engineers.
Municipal election means a regular municipal election, special municipal election, or recall election.
Nonmunicipal political organization means any of the following:
(1) A candidate committee, political party, or political committee that is registered and filing reports pursuant to the Fair Campaign Practices Act, §§ 1-45-101 to 1-45-118, C.R.S., or the law of another municipality in the state of Colorado.
(2) A political committee or political organization organized under the law of another state.
(3) A federal political committee that is registered and filing reports pursuant to the Federal Election Campaign Act of 1971, 52 U.S.C. §§ 30101 to 30146.
Person means a natural person, partnership, committee, association, firm, corporation, company, labor organization, political party, or other entity or group of persons, however organized.
Petition representative means the person or persons representing the proponents on all matters affecting a petition.
Petition section means the stapled or otherwise bound package of documents containing the warning, proposed summary or statement, signature pages, and affidavit of the circulator.
(1) Political advertisement means any of the following:
a. An expenditure or independent expenditure that is public communication.
b. An electioneering communication.
(2) "Political advertisement" does not include:
a. Bumper stickers, pins, buttons, pens, or similar small items upon which a disclaimer statement required by section 54-104.5 cannot be conveniently printed.
b. Skywriting, water tower, wearing apparel, or other means of advertising of a nature such that the inclusion of a disclaimer statement required by section 54-104.5 would be impracticable.
Principal owner means a person that owns or controls 10 percent or more of an entity.
Principal place of operations means the primary location where the managers, officers, owners, or leadership personnel of an entity direct or control its activities and operations.
Public communication means a communication to the general public through broadcast, cable, satellite, internet or another digital method, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, robocall, or any other form of general public advertising or marketing regardless of medium.
Public office means the office of mayor or city council of the city of Aurora.
Public officeholder means a person who holds public office.
Referendum means the right of registered electors, within 30 days after final publication of an ordinance, and by obtaining signatures on a petition, to require the city council to reconsider the ordinance or to submit it to the electorate for a vote.
Referred measure means a ballot issue or ballot question placed on the ballot by the city council for a vote by the eligible electors of the city.
Registered elector means a resident of the city who is qualified to vote under the constitution and the statutes of the state and who is registered to vote.
Regular municipal election means an election held on the first Tuesday in November in odd-numbered years.
Special municipal election means an election held in conjunction with the statewide general election in November of even-numbered years, except as otherwise provided under section 3-7 of the Charter relating to city council vacancies, under section 4-2 of the Charter relating to recall petitions, as provided under section 6-2 of the Charter relating to initiative petitions, and as provided under sections 14-10 and 15-10 of the Charter relating to time frames for collective bargaining issues.
Standalone candidate means a candidate without a committee who does not accept contributions.
Support or oppose means any of the following:
(1) To expressly advocate for or against the nomination or election of one or more candidates, or the qualification or passage of a ballot issue or ballot question.
(2) To aid or promote the success or defeat of a candidate, ballot issue, or ballot question.
Unexpended campaign funds means the balance of funds on hand in the campaign account of a committee after a municipal election that is in excess of the amount necessary to pay remaining debts or financial obligations incurred by the committee with respect to the election.
Usual and normal charge means:
(1) For goods, the price of those goods in the market from which they ordinarily would have been purchased at the time of the contribution.
(2) For services, the hourly or piecework charge for the services at a commercially reasonable rate prevailing at the time the services were rendered.
Volunteer means any person who freely gives time on behalf of a candidate or a candidate, issue, political, small donor, or independent expenditure committee for purposes of municipal election matters. (Ord. No. 2021-35, § 1, 9-27-2021)