Enforcement, penalties, and decertification.

Denver Revised Municipal Code § 15-59

in effect

Sec. 15-59. - Enforcement, penalties, and decertification. (a) In general. Complaints, investigations, and enforcement of violations under this division shall be conducted as provided in division 1. Penalties under this division shall be in addition to those provided in division 1. (b) Withholding of payments pending decertification. The clerk and recorder may withhold payments from the fund upon a reasonable belief that the participating candidate has failed to comply with any provision of this chapter and shall provide a participating candidate with a written determination specifying the basis for any non-payment of funds within ten (10) days of such withholding. Upon receipt of the written determination, a participating candidate may petition the clerk and recorder for reconsideration of the non-payment, and the clerk and recorder shall make a determination on such petition within five (5) business days of the filing of such petition. If the petition is denied, the clerk and recorder shall issue a decertification or release the funds no later than thirty (30) days after providing the initial written determination pursuant to this subsection. (c) Ministerial decertification. The clerk and recorder shall decertify a participating candidate if the participating candidate is not in a race with at least one (1) other candidate for that office after the ballot has been certified, the participating candidate dies, is disqualified, withdraws from the race, fails to qualify for the ballot, fails to qualify for the run-off, or the election results have been certified. Any such decertification shall be issued in writing and shall be a final agency action. (d) Discretionary decertification. The clerk and recorder may decertify a participating candidate if the candidate's application for certification contained a fraudulent, misrepresented, or false statement of relevant fact or the participating candidate has not complied with the requirements of this chapter or any other campaign finance law. Any such decertification shall be in writing and participating candidate who has been decertified pursuant to this subsection may seek review of the decertification by filing a petition with the clerk and recorder no later than ten (10) business days after receipt of the decertification. Compliance with the provisions of this subsection shall be a jurisdictional prerequisite to appeal any decertification pursuant to this subsection and failure to comply shall bar any such appeal. Upon receipt of a petition, the clerk and recorder shall appoint a hearing officer to render a final determination on the appeal, pursuant to the procedures identified in section 15-44. The clerk and recorder shall bear the burden to establish, by a preponderance of evidence, that a violation was committed by the applicant or that the original application contained a fraudulent, misrepresented, or false statement of relevant fact. (e) Unexpended fund monies after decertification. Immediately upon the occurrence of an event that qualifies the participating candidate for ministerial decertification, or immediately upon notice of discretionary decertification, a candidate shall not spend or commit to spending any monies received from the fund except to satisfy obligations entered into prior to decertification. The candidate shall remit any unexpended funds to the manager of finance within sixty (60) days of the notice of decertification, and the manager shall remit such monies to the fund. (f) Order to reimburse fund payments. Upon finding a violation of this article, a hearing officer may order any participating candidate or former participating candidate to reimburse the city for fund payments. Such payments shall be remitted to the manager of finance, and the manager shall remit such monies to the fund. (Ord. No. 1676-24, § 1, 2-18-25)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH15EL_ARTIIICAFI_DIV2DEFAELFU_S15-59ENPEDEFetched: 10/27/2026