Longmont council approves sweeping election code changes; sets lower contribution caps

Longmont City Council voted Dec. 2, 2008 to direct staff to draft ordinances implementing most recommendations from the Election Task Force and to set contribution limits for city races at $200 per individual and $500 per group per election cycle.

Valerie Skid, director of administration and Longmont’s city clerk, told council the task force met from May through November, used national research from the Brennan Center and produced recommendations organized into seven categories, including reporting changes, new definitions, decriminalizing many violations, a proposed election committee, and a recommended $1,000 contribution limit with a minority report attached. "The recommendations in the report are divided into seven categories," Skid said, summarizing the scope of the task force’s work.

Members of the public pressed council during the study session’s public-comment period. Dozens of residents urged more stringent limits and greater transparency, citing examples they said raised questions about how money has flowed in recent contests. Nita Lynch, a Longmont resident, told council the proposed $1,000 cap was “excessive” compared with neighboring cities and state limits; several others cited a $6,000 consulting expenditure reported after a 2008 special election as an example of why itemized reporting should be strengthened.

Task force members and councilors debated legal defensibility and practical effects of alternative caps. Marilyn Hughes, a task force member, said the group wrestled with legal precedent and distribution patterns in local contributions when recommending limits and reporting thresholds. Other task force members and councilors warned that overly low limits could push spending into independent expenditures or 527 groups and noted that some approaches (including certain low limits) had been tested and struck down in higher court rulings.

Following discussion, Council Member Karen Banker moved to direct staff to prepare ordinance language and internal rules to implement the task force recommendations except for the contribution-limit item; council voted to separate that item for a later vote. The council then voted to adopt campaign contribution limits of $200 for individuals and $500 for groups, and asked the city attorney and staff to draft ordinance language, enforcement mechanisms and a public-education program before the measures are returned for formal adoption.

The council’s actions also included lowering the threshold for independent-expenditure reporting to increase early disclosure and recommending that candidate and committee reports be required even when no funds are raised (a "zero" report). The task force had also proposed forming an elections committee to hear alleged violations and to advise the clerk’s office; council directed staff to include implementation details in the draft ordinances.

The task force and council noted next steps will include legal review to reduce risk of successful court challenge and a public-education campaign explaining any new filing requirements and reporting calendars. Marilyn Hughes told council the task force stood ready to help with outreach and education around the ordinance changes.

Council did not finalize a date for ordinance adoption at the study session; staff were asked to return draft language and implementation materials to council in the coming weeks for further consideration.