Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.72 ELECTIONS
2.72.020 Definitions.
As used in this chapter, unless the context otherwise
requires:
A. “Campaign treasurer” means the treasurer of
any candidate for nomination, retention or election or the treasurer of any
political committee. A candidate may appoint himself as campaign
treasurer.
B. “Candidate” means any person who:
1. Seeks election to any public office which is to be voted
for in this city at any election. A person is a candidate for election if the
person has filed nominating petitions for public office in a nonpartisan
election; has been chosen to fill any vacancy; or has publicly announced an
intention to seek election for public office and has received a contribution in
support of the candidacy.
2. For purposes of filing and reporting requirements, a
person is a candidate if the person is an incumbent and still has an unexpended
balance of contributions or a debt or deficit and receives contributions or
contributions in kind.
C. “City clerk” means the city clerk of the city
of Greenwood Village, Colorado, who is the custodian of the official records of
the city, or any person delegated by the city clerk to exercise any part of his
powers, duties or functions. Reference herein to the office of the city clerk
shall mean the physical location in a public building of the city clerk’s
office.
D. “Contribution” means:
1. The payment, loan, pledge or advance of money, or
guarantee of a loan, made to any candidate, candidate committee or issue
committee;
2. Any payment made to a third party for the benefit of any
candidate, candidate committee, political committee or issue
committee;
3. The fair market value of any gift or loan of property made
to any candidate, candidate committee, political committee or issue
committee;
4. Anything of value given, directly or indirectly, to a
candidate, political committee or issue committee.
“Contribution” does not include services provided
without compensation by individuals volunteering their time on behalf of a
candidate or political committee. Any transfer of money between political
committees is an expenditure by the political committee which dispenses the
money and is a contribution to the political committee which receives the
money.
E. “Contribution in kind” means a gift or loan of
any item of real or personal property, other than money, made to or for any
candidate 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; volunteer services are not included. “Contribution
in kind” does not include an endorsement of candidacy or issue by any
person. In determining the value to be placed on contributions in kind, a
reasonable estimate of fair market value shall be used.
F. “Day” means a calendar day. When the deadline
for any act required by this chapter falls on a Saturday, Sunday or legal
holiday, the period shall be deemed extended to the close of business on the
next day which is not a Saturday, Sunday or legal holiday.
G. “Election” means any general election, general
municipal election, or any election at which an issue is submitted to the
electorate as required or permitted by law.
“Election” includes a recall election held
pursuant to law, and also includes elections for initiative and
referendum.
H. “Electioneering” means engaging in activities
or making statements which are intended to induce a person to cast a ballot in
favor of or opposed to a candidate or issue at an election.
I. “Expenditure” means the payment, distribution,
loan or advance of any money or contribution in kind by any candidate, political
committee or agent of either for the purpose of influencing the passage or
defeat of any candidate or issue.
“Expenditure” does not include services provided
without compensation by any candidate or political committee or expenditures
from the candidate’s own funds for his or her personal or family
activities. An expenditure occurs when the actual payment is made or when there
is a contractual agreement and the amount is determined.
J. “Independent expenditure” means an expenditure
by a person or campaign treasurer;
1. Advocating the election or defeat of a clearly identified
candidate which is made without the cooperation of the candidate, the
candidate’s political committee or an agent of the candidate, and which is
not made in concert with, or at the request or suggestion of, the candidate, the
candidate’s political committee or an agent of the candidate; or at the
request or suggestion of the candidate, the candidate’s political
committee or an agent of the candidate; or
2. Seeking to influence the passage or defeat of any issue
which is to be submitted to the electors which is made without the cooperation
or authorization of or consultation with the political committee supporting or
opposing such issue, and which is not made in concert with, or at the request or
suggestion of, such political committee.
K. “Issue” means any proposition or initiated or
referred measure which is to be submitted to the electors for their approval or
rejection, and includes recall of an elected official.
L. “Person” means any individual, partnership,
committee, association, corporation, labor organization or other organization or
group of persons.
M. “Political committee” means any two or more
persons who are elected, appointed or chosen or who have associated themselves
or cooperated for the purpose of accepting contributions in kind or making
expenditures to support or oppose a candidate for public office at any election
or seek to influence the passage or defeat of any issue. “Political
committee” also includes a separate political education or political
action fund or committee which is associated with an organization or association
formed principally for some other purpose and includes an organization or
association formed principally for some other purpose insofar as it makes
contributions or contributions in kind or expenditures, but shall not include a
single individual, partnership, committee, associations, corporation, labor
organization or other organization or group solely making contributions or
contributions in kind to support or oppose a candidate for public office or to
influence the passage or defeat of any issue at any election.
N. “Polling place” means the building or
structure designated as an official location for the casting of ballots in an
election. For the purpose of measuring the 100-foot limit, “polling
place” shall include the exterior walls of the building or
structure.
O. The terms “information,”
“statement,” “affidavit,” “challenge,”
“protest,” “objection,” “opinion,”
“question” and any other synonyms shall be acceptable to the city
clerk as equivalent and permissible words. (Ord. 1997-16 § 1
(part))
2.72.020