DENVER FAIR ELECTIONS FUND

Denver Revised Municipal Code ch. 15, art. III, div. 2

in effect

Denver Revised Municipal Code § 15-51 Definitions.

Sec. 15-51. - Definitions. In addition to the definitions set forth in division 1, the following words and phrases shall have the following meanings: (1) "Debate" means the moderated reciprocal discussion of issues among participating candidates on the ballot for the same office. (2) "Fund" means the Fair Elections Fund. (3) "Match-eligible contribution" means no more than fifty dollars ($50.00) of the total amount of contributions received by a participating candidate from a single Denver resident who is a natural person during the election cycle. (4) "Participating candidate" means a candidate who has been certified by the clerk and recorder pursuant to this division as eligible to receive payments from the fund. (5) "Qualifying contributions" means contributions received during the qualifying period of at least five dollars ($5.00) each from unique contributors who are natural persons and Denver residents. (6) "Qualifying period" means for the general municipal election, the period beginning on the January 1 immediately following the most recent election for the specific office and ending seventy-five (75) days before the election date, and for any special or vacancy election the period beginning on the day that notice has been made for the election and ending on the date of certification or fifty (50) days before the election date, whichever is earlier. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-52 Fair Elections Fund.

Sec. 15-52. - Fair Elections Fund. (a) Permitted uses of revenue in the fund. Monies in the fund shall be expended solely on public financing for the campaigns of candidates that have been certified pursuant to this division and costs incurred by the city associated directly with the administration of the fund and the duties required under this article. (b) Annual appropriation. The city council shall annually appropriate three dollars and forty-three cents ($3.43) per Denver resident, as determined by the most recent official United States Census Bureau Population Estimate to the fund. The appropriation shall be adjusted every four (4) years by an amount based upon the percentage change over a four-year period in the United States Department of Labor (Bureau of Labor Statistics) consumer price index for Denver-Aurora-Lakewood, all items, all consumers, or its successor index, rounded to the lowest one cent ($.01). The adjustment shall be calculated prior to March 31, 2027 and every four (4) years thereafter, and shall take effect on January 1, 2028, and every four (4) years thereafter. The clerk and recorder shall calculate and specify the adjusted amount in rules promulgated in accordance with this article. (c) Maximum fund balance. The amount in the fund shall not exceed nine million, five hundred forty-seven thousand, seven hundred and five dollars ($9,547,705). The maximum fund balance shall be adjusted every four (4) years by an amount based upon the percentage change over a four-year period in the United States Department of Labor (Bureau of Labor Statistics) consumer price index for Denver-Aurora-Lakewood, all items, all consumers, or its successor index, rounded to the lowest five dollars ($5.00) increment. The adjustment shall take effect on January 1, 2028 and every four years thereafter. The clerk and recorder shall calculate and specify the adjusted amount in rules promulgated in accordance with this article. (d) Fiscal emergency. The city council may suspend or reduce the amount in the annual appropriation in this section by adoption of an ordinance approved by a two-thirds vote declaring a fiscal emergency. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-53 Certification of participating candidates.

Sec. 15-53. - Certification of participating candidates. (a) Eligibility for certification. To be eligible for certification as a participating candidate, a candidate must comply with the contribution limits identified in this division 2 throughout the election cycle and have received the following number of qualifying contributions from unique contributors before the close of the qualifying period: (1) For the office of mayor, two-hundred and fifty (250); and (2) For all other offices, one hundred (100). (b) Application for certification. Prior to receiving fund payments, a candidate eligible for certification shall file an application seeking certification to receive payments from the fund within the qualifying period in the manner provided by the clerk and recorder. Each application shall contain: (1) The identity of the candidate, and the office that the candidate seeks; (2) An affirmation that the candidate and the candidate's committee has complied with the requirements of this article as of the date of the application and will continue to comply with the requirements of this article during the remainder of the election cycle; (3) Receipts for each qualifying contribution along with a signed statement from the candidate affirming that all information on the receipts is complete and accurate to the best of the candidate's knowledge; (4) A certification that the candidate will maintain two (2) separate bank accounts, one (1) bank account for all public monies received from the fund and a second account for all other campaign loans and contributions; and (5) Any other information required by the clerk and recorder. (c) Contents of qualifying contribution receipts. Receipts for each qualifying contribution shall contain the contributor's name, home address, and telephone number, if any, and the name of the candidate receiving the contribution and a statement that the contributor understands that the purpose of the contribution is to help the candidate qualify for fund payments, that up to fifty dollars ($50.00) will be matched by the fund by nine hundred (900) percent, and that the contribution is made without coercion or reimbursement. (d) Ministerial denial of certification. The clerk and recorder shall deny certification if the candidate is not in a race with at least one (1) other candidate for that office after the ballot has been certified or the candidate has not received qualifying contributions on or before the date of application. Any such denial shall be in writing, shall be issued within ten (10) business days of receipt of the application, and shall be a final agency action. (e) Discretionary denial of certification. The clerk and recorder may deny certification if the application contains any fraudulent, misrepresented, or false statement of relevant fact or the candidate has violated or failed to comply with the requirements of this chapter or any other campaign finance law. Any such denial shall be in writing and shall be issued within ten (10) business days of receipt of the application. Any person who has been issued a denial of certification pursuant to this subsection may seek review of the denial by filing a petition with the clerk and recorder no later ten (10) business days after receipt of the denial. Compliance with the provisions of this subsection shall be a jurisdictional prerequisite to appeal any denial 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 application contained a fraudulent, misrepresented, or false statement of relevant fact. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-54 Requirements for participation; debate requirement.

Sec. 15-54. - Requirements for participation; debate requirement. In addition to the requirements identified in division 1, the following requirements shall apply to participating candidates. (a) Receipts for match-eligible contributions. Participating candidates shall obtain and retain receipts for each match-eligible contribution which shall contain the same information required for each contribution making up a qualifying contribution. (b) Receipt retention. Participating candidates shall retain receipts for each contribution making up the qualifying contributions and each match-eligible contribution for a period of two (2) years after the election. (c) Debate participation. Participating candidates must agree to participate in at least one (1) public debate with other participating candidates who are opponents in the general election and at least one (1) public debate with the participating candidate who is the opponent in a run-off election. (1) If there is only one (1) candidate for a given office on the ballot, or if the only other candidates on the ballot for the given office are not participating candidates, then no debate for that office shall be required pursuant to this section. (2) Each debate shall be at least one (1) hour's duration and shall take place only after the ballot is certified but no later than fifteen (15) days before the election. (3) The clerk and recorder shall organize debates held for participating candidates pursuant to this section but shall not moderate the debate or have any direct role in formulating the questions. The clerk and recorder may enter into agreements to stage, moderate, publicize, and provide other services related to holding the debate. (4) Entities providing services for a debate may not have endorsed, supported, opposed, contributed to, or made any electioneering communication or independent expenditure related to any candidate during the election cycle, nor may such entities be affiliated with a political party. Entities providing debate services shall disclose any prior relationship with a candidate to the clerk and recorder. (5) The clerk and recorder shall ensure that each debate is broadcasted and that participating candidates are consulted and notified at least ten (10) business days prior to holding a debate, and at least three business (3) days prior to holding a rescheduled debate. (6) Debates shall not be structured to promote or advance one candidate over another. (7) Each debate shall be held at a facility compliant with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, and the regulations adopted thereunder. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-55 Fund payments.

Sec. 15-55. - Fund payments. (a) Match amount. Except as otherwise provided in subsection (d), participating candidates shall receive payments from the fund equal to nine (9) times the amount of match-eligible contributions, subject to the aggregate limit on payments specified in this section. The maximum amount of a single contribution eligible for match shall be fifty dollars ($50.00) and the maximum match payment from the fund to a participating candidate shall be four-hundred fifty dollars ($450.00) per contribution. (b) Aggregate limit on fund payments. Except as otherwise provided in subsection (d), the aggregate amount of fund payments that a participating candidate may accept during an election cycle shall not exceed: (1) Eight hundred ninety-five thousand and ninety-five dollars ($895,095.00) for a participating candidate running for the office of mayor; (2) Two hundred ninety-eight thousand, three hundred sixty-five ($298,365.00) for a participating candidate running for the office of councilmember-at-large, clerk and recorder, judge or auditor; (3) One hundred forty-nine thousand, one hundred eighty dollars ($149,180.00) for a participating candidate running for the office of district councilmember; and (4) The aggregate amount of fund payments that a participating candidate may accept during an election cycle may be adjusted to comply with an increase in contribution limits pursuant to section 15-57. (c) Schedule of payments. For participating candidates running in the general municipal election, the clerk and recorder shall authorize the first payment on the August 15 immediately preceding the general municipal election and shall authorize subsequent payments no later than ten (10) days after the reporting deadline identified in division 1, or as soon thereafter as is practicable. For participating candidates in a run-off election, the clerk and recorder shall authorize the payment promptly after certification of the general municipal election results. For participating candidates running in a special election the clerk and recorder shall authorize the first payment no later than ten (10) days after the first reporting deadline identified in division 1 for special elections. For all participating candidates, the clerk and recorder shall authorize the remaining payments no later than fourteen (14) days prior to the election. (d) Run-off elections. Promptly after certification of the general municipal election results, the clerk and recorder shall authorize a one-time payment to participating candidates in a run-off election equal to twenty-five (25) percent of payments that the candidate received from the fund prior to the certification of the general municipal election results. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-56 Insufficient funds in the program.

Sec. 15-56. - Insufficient funds in the program. If the fund does not contain sufficient monies to provide all participating candidates the full amount of the aggregate limit on fund payments, the clerk and recorder shall notify participating candidates that the clerk and recorder will not likely be capable of distributing to all participating candidates the maximum aggregate amount and participating candidates may elect to be decertified. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-57 Contribution limits and prohibitions for participating candidates.

Sec. 15-57. - Contribution limits and prohibitions for participating candidates. (a) Aggregate contribution limit. Except as provided in subsection (f) of this section, no participating candidate or candidate seeking certification shall accept contributions or contributions in kind from a natural person that, in the aggregate during an election cycle, exceed the following amounts: (1) For the office of the mayor .....$595.00 (2) For the offices of the auditor, judge, clerk and recorder, and councilmember-at large .....$415.00 (3) For the office of district councilmember .....$235.00 (b) Small donor committee limit. No participating candidate or candidate seeking certification shall accept contributions or contributions in kind from a small donor committee that, in the aggregate during the election cycle, exceeds ten (10) times the aggregate contribution limit applicable to natural persons for the office the participating candidate seeks. (c) Inflation adjustment. The aggregate contribution limit shall be adjusted every four (4) years by an amount based upon the percentage change over a four-year period in the United States Department of Labor (Bureau of Labor Statistics) consumer price index for Denver-Aurora-Lakewood, all items, all consumers, or its successor index, rounded to the lowest five-dollar ($5.00) increment. The adjustment shall take effect on January 1, 2028, and every four (4) years thereafter. The clerk and recorder shall specify the limits as adjusted in rules promulgated pursuant to this article and shall make such limits available on the public website of the City and County of Denver. (d) Additional contribution limitations. In addition to the limit on cash contributions and the prohibited contributions identified in division 1, participating candidates and candidates seeking certification may accept contributions only from natural persons or a small donor committee, and may not accept contributions from any local, state, or federal issue, candidate, or political action committee. (e) Disposition of excess and prohibited contributions. The treasurer of a committee who receives any contribution, contribution in-kind, or portion thereof, which exceeds the aggregate contribution limits in this division or which is prohibited in this division, shall remit such contribution, contribution in-kind, or portion thereof as provided in division 1. (f) Personal donations and loan. Participating candidates may not donate to their own campaigns in an aggregate amount greater than the limits in this section. However, prior to certification, a candidate may personally loan a candidate's own campaign seed money up to five thousand dollars ($5,000.00). Any money loaned must be repaid by the campaign, from the account that does not include public monies, before the clerk may disburse any public matching funds to the candidate. Any portion of the loan not repaid is deemed a contribution and must comply with applicable contribution limits and reporting requirements. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-58 Use of fund payments.

Sec. 15-58. - Use of fund payments. (a) Prohibited expenditures. In addition to the prohibited uses on contributions and contributions in-kind set forth in division 1, participating candidates may not use monies from fund payments on any of the following: (1) The purchase of "alcoholic beverages" as that term is defined at chapter 6; (2) The purchase of "regulated marijuana" as that term is defined in the Colorado Marijuana Code; (3) The purchase of "tobacco products" as that term is defined in chapter 24; (4) Gifts valued more than fifty dollars ($50.00) per gift; (5) Payments of fees, fines, or penalties to the city; (6) The purchase of any prepaid credit or gift card of any kind; or (7) Reimbursing contributors for their contributions. (b) Property purchased with fund monies. Participating candidates shall reimburse the city for fund payments used to purchase personal or real property valued above an amount determined by the clerk and recorder. Within sixty (60) days of notice of decertification, candidates shall either reimburse the city in an amount equal to the money spent on the property or liquidate the property at fair-market value and remit the proceeds as unexpended funds to the manager of finance. (Ord. No. 1676-24, § 1, 2-18-25)

Denver Revised Municipal Code § 15-59 Enforcement, penalties, and decertification.

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)

Denver Revised Municipal Code § 15-60 Reserved.

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_DIV2DEFAELFUFetched: 10/27/2026