OFFICE OF THE CLERK AND RECORDER
ELECTIONS DIVISION
Amber F. McReynolds, Director
Debra Johnson
Clerk and Recorder
Public Trustee
June 17, 2016
Elena Nunez
1536 Wynkoop St. #300
Denver, CO 80202
Dear Ms. Nunez:
This office is in receipt of your submission of documents (affidavit, ballot title, and sample petition) for
a proposed initiated ordinance in the City and County of Denver, submitted for approval to the Denver
Elections Division on June 14, 2016. Please be advised that our office has completed its review of these
documents, and pursuant to Denver Charter 8.3.2(B) and (C), your documents have been rejected for the
following reasons:
Denver Charter Sec. 8.3.2(B) requires, among other things, any affidavit for an initiative to specify in
full the text of the ordinance to be initiated and shall include a ballot title which shall contain in
summary form the major provisions of the ordinance, which shall be true and impartial and shall not be
an argument, nor likely to create bias, either for or against the measure. See also, Denver Election Rule
5.2 and 5.3. In reviewing the ballot title, the clerk and recorder will consider the public confusion that
might be caused by a misleading title. Denver Charter Sec. 8.3.2(C). See also, Denver Election Rule
5.5.
1) The proposed ballot title summarizes the following provisions of the ordinance:
a. increasing disclosure of campaign contributions and spending in city elections;
b. banning corporations and unions form donating directly to candidates;
c. establishing small donor committees;
d. lowering contribution limits; and
e. creating a special fund to provide public funds to match small donations to certain candidate
campaigns.
However, the ordinance modifies other major provisions including without limitation:
f. it provides that campaign funds may be donated to the new Fair Elections Fund (1536(b)(2);
g. it modifies existing reporting dates and requirements for some committees (15-37);
h. it creates new reporting dates and requirements for other committees (15-38);
i. it creates new reporting requirements for certain electioneering communications and
independent expenditures (15-39);
j. it modifies requirements concerning statements of responsibilities for electioneering
communications and expenditures (15-41);
k. it creates new daily financial penalties for late filings (15- 44(5));
200 West 14th Ave., Suite 100, Denver, CO 80204
Phone: 720-913-VOTE (8683)
TTY: 720-913-8657
www.denvervotes.org
Fax: 720-913-8600
2
l.
it creates a new remedy for compliance by allowing a civil action to be filed in Denver
District Court under certain circumstances (15-46(c)); and
m. it modifies the section concerning penalties for violations (15-46).
A ballot title that summarizes the major aspects of the ordinance also provides sufficient information for
the voters to determine whether to support or oppose the initiative. Here, the ordinance seeks to repeal
and reenact Article III of Chapter 15 of the Denver Revised Municipal Code in its entirety. The full
text of the ordinance addresses (by amendment of existing language or creation of new provisions) at
least 14 major provisions related to campaign finance reform. Yet, the ballot title addresses some
provisions while omitting the key provisions set forth above, items 1. f-m. Thus, the title does not fully
inform the voters of the major provisions of the ordinance as required by Denver Charter Sec. 8.3.2(B)
and is therefore rejected. Further, because the title summarizes only some of the major provisions but
omits other major sections, it is misleading to the voters and likely to create public confusion. The lack
of sufficient information of the major provisions of the initiative prevents thoughtful review by the
voters when deciding whether to vote yes or no vote on the initiative. For that reason, the ballot title is
also rejected pursuant to Denver Charter Sec. 8.3.2(C).
2) The following underlined language is misleading and likely to create public confusion:
“Shall the voters of the City and County of Denver adopt an amendment to the Denver City Code that
increases government accountability through new campaign finance reforms by increasing disclosure of
campaign contributions and spending in city elections, banning corporations and unions from donating
directly to candidates, establishing small donor committees, lowering contribution limits, and creating a
fund capped at 8 million dollars per 4 year election cycle from existing revenue to match donations of
50 dollars or less at a ratio of 9-1 to candidates who voluntarily agree to raise money in lower amounts
and do not take contributions from political committees.”
The use of the term “fund”, standing alone, does not inform voters that the measure seeks to create a
special, dedicated new fund within the City’s general fund system. The lack of detail concerning the
special, dedicated, new fund is not a minor issue. Additional clarity of the proposed new fund would
allow the voters to better understand the measure and the importance of the fund. Therefore, the title is
rejected pursuant to Denver Charter Sec. 8.3.2(C). Moreover, the phrase “existing revenue” in the title
suggests public funds are currently available for the proposed ordinance whereas Section 15-93 of the
initiative indicates the fund will be established by the City Council and the City will make
appropriations for the fund if the measure is passed. Thus, the reference to “existing revenue”, standing
alone, is misleading and likely to create confusion for the voters because it does not inform the voters
that the fund is a general fund account that is to be established with a new appropriation by the City if
the measure is approved. For this reason as well, the ballot title is rejected pursuant to Denver Charter
Sec. 8.3.2(C).
3) The following underlined language is misleading and likely to create public confusion:
“Shall the voters of the City and County of Denver adopt an amendment to the Denver City Code that
increases government accountability through new campaign finance reforms by increasing disclosure of
campaign contributions and spending in city elections, banning corporations and unions from donating
directly to candidates, establishing small donor committees, lowering contribution limits, and creating a
fund capped at 8 million dollars per 4 year election cycle from existing revenue to match donations of
200 West 14th Ave., Suite 100, Denver, CO 80204
Phone: 720-913-VOTE (8683)
TTY: 720-913-8657
www.denvervotes.org
Fax: 720-913-8600
3
50 dollars or less at a ratio of 9-1 to candidates who voluntarily agree to raise money in lower amounts
and do not take contributions from political committees.”
The use of the phrase “increases government accountability”, standing alone, is rejected as an argument
under Denver Charter Sec. 8.3.2(B). It is debatable whether the measure actually does increase
government accountability. Further, it is misleading and likely to create public confusion because the
full text of the initiative ordinance seeks to reform candidate and campaign accountability but not
government accountability. For this reason as well, the ballot title is rejected pursuant to Denver
Charter Sec. 8.3.2(C).
4)
Additionally, we also request that you make the following changes to the style and format of the
petition sample prior to final approval of your documents:
a. The Warning and Signature page and ballot title only needs to appear on the petition
signature pages and not on every page of the text of the ordinance. Please follow the format
of Affidavit of Petitioners Committee, ballot title, full text of ordinance and then petition
signature pages with “See Attached” in the ballot title space so you can make your signature
blocks larger. If you plan to use eSign we need to reduce the pages of text.
b. Please number the signature pages Section 0001 Page 1 with signature blocks 1-10, Section
0001 Page 2 with signature blocks 1-10 as opposed to 1-10, 11-20 etc.
c. The ballot title must appear in the form of a question. Please add a question mark at the end
of the revised title.
d. Due to the length of the ordinance, you may also want to consider numbering the pages of
the ordinance within the petition packet once you remove the warning statement referenced
in paragraph 4)a.
If you have any questions, please don’t hesitate to contact the Denver Elections Division at 720-865-4872.
Sincerely,
Amber McReynolds
Director of Elections
City and County of Denver
cc:
Victoria Ortega, Assistant City Attorney
200 West 14th Ave., Suite 100, Denver, CO 80204
Phone: 720-913-VOTE (8683)
TTY: 720-913-8657
www.denvervotes.org
Fax: 720-913-8600