Chapter 1.16
INITIATIVE AND REFERENDUM PROCEDURES
Sections:
Article I. Introductory Provisions
1.16.010 Definitions.
1.16.020 Chapter provides complete procedure.
Article II. Initiative
1.16.030 Manner of proposing measure.
1.16.040 Form of petition.
1.16.050 Presentation of measure to council.
1.16.060 Submission of measure to voters.
Article III. Referendum
1.16.070 Manner of referring measure.
1.16.080 Form of petition.
1.16.090 Time for referring measure by petition.
1.16.100 Time for council to refer measure.
1.16.110 No veto of referred measure.
1.16.120 Submission of measure to voters.
Article IV. Certification Provisions
1.16.130 Procedure prior to circulation of petition.
1.16.140 Requisite number of signatures.
1.16.150 Attachment of measure to sheets for signatures.
1.16.160 Verification of signatures.
1.16.170 Certification of signatures.
1.16.180 Signatures to be counted.
Article V. Ballot Title
1.16.190 Preparation of ballot title.
1.16.200 Requisites of ballot title.
Article VI. Election
1.16.210 Time to vote on measure.
1.16.220 Title and numbers of measures on ballot.
1.16.230 Notice of special election.
1.16.240 Notice of general election.
1.16.250 Advertising measure.
1.16.260 Election returns.
Article VII. Effect of Measures
1.16.270 Proclamation of mayor.
1.16.280 Effective date of measure.
1.16.290 Measures subject to referendum.
1.16.300 Conflicting measures.
Article VIII. Criminal Provisions
1.16.310 Unlawful acts.
1.16.320 Penalty.
Article I. Introductory Provisions
1.16.010 Definitions.
As used in this chapter:
“General election” means a general November election;
“Measure” means:
1. A legislative enactment by the council not necessary for the immediate preservation of the public peace, health, or safety;
2. A part of such enactment; or
3. A proposed legislative enactment for the city;
“Petition” means an initiative or referendum petition for ordering a measure to be submitted to the voters;
“Refer” means to be subjected to the referendum;
“Voter” means a legal voter of the city; and
“Write” means to write, type, or print. [Ord. 96 § 1, 1966].
1.16.020 Chapter provides complete procedure.
This chapter provides a complete procedure for the voters to exercise their initiative and referendum powers. [Ord. 96 § 2, 1966].
Article II. Initiative
1.16.030 Manner of proposing measure.
The manner of proposing a measure by the initiative shall be to deposit at the office of the recorder a duly prepared petition ordering the measure to be submitted to the voters. [Ord. 96 § 3, 1966].
1.16.040 Form of petition.
No initiative petition shall be deemed duly prepared unless it is in the following form:
WARNING
It is an offense for a person to sign this petition unless he is a legal voter of the City of Dundee, or to sign it with a name not his own, or to sign his name to it knowingly more than once.
PETITION FOR INITIATIVE
To ______________, recorder of the City of Dundee:
We legal voters of the City of Dundee petition that the attached measure be submitted to the legal voters of the City for their approval. Each of us for himself says: I have signed this petition, I am a legal voter of the City, and my address is written correctly after my name.
Name Address
1. _______________________________
_________________________________
(in drawing petition provide twenty numbered lines such as this for signatures and addresses.)
[Ord. 96 § 4, 1966].
1.16.050 Presentation of measure to council.
At the next session of the council after the proposal of an initiative measure the recorder shall present the measure to the council. [Ord. 96 § 5, 1966].
1.16.060 Submission of measure to voters.
The recorder shall cause to be submitted to the voters at the time provided by this chapter a charter or charter amendment proposed by the initiative and any other initiative measure not enacted within 30 days after its approval. [Ord. 96 § 6, 1966].
Article III. Referendum
1.16.070 Manner of referring measure.
The manner of referring a measure shall be:
A. For a person to deposit at the office of the recorder a duly prepared referendum petition for the measure; or
B. For the council to order submission of the measure to the voters. [Ord. 96 § 7, 1966].
1.16.080 Form of petition.
No referendum petition shall be deemed duly prepared unless it is in the following form:
WARNING
It is an offense for a person to sign this petition unless he is a legal voter of the City of Dundee, or to sign it with a name not his own, or to sign his name to it knowingly more than once.
PETITION FOR REFERENDUM
To ______________, recorder of the City of Dundee:
We legal voters of the City of Dundee petition that the attached ______________ No. _____ of the city, entitled ________ _______ and passed ___________ 20__, be referred to the legal voters of the city for their approval. Each of us for himself says: I have signed this petition, I am a legal voter of the City, and my address is written correctly after my name.
Name Address
1. _______________________________
_________________________________
(in drawing petition provide twenty numbered lines such as this for signatures and addresses.)
[Ord. 96 § 8, 1966].
1.16.090 Time for referring measure by petition.
No referendum petition for a measure shall be deemed duly prepared unless the petition and the signatures requisite to its being deemed duly prepared are deposited at the office of the recorder within 30 days after the council enacts the measure. [Ord. 96 § 9, 1966].
1.16.100 Time for council to refer measure.
The council may refer a measure only at the session at which it enacts the measure. [Ord. 96 § 10, 1966].
1.16.110 No veto of referred measure.
The mayor shall have no power to veto a measure which the council refers. [Ord. 96 § 11, 1966].
1.16.120 Submission of measure to voters.
The recorder shall cause a referred measure to be submitted to the voters at the time fixed by this chapter. [Ord. 96 § 12, 1966].
Article IV. Certification Provisions
1.16.130 Procedure prior to circulation of petition.
A. Presentation for Checking, Specifications, and Preparation of Title. No petition shall be deemed duly prepared unless:
1. Prior to its circulation a copy of it is deposited at the office of the recorder; and
2. As circulated it complies with the specifications listed below which he makes concerning it and contains the ballot title, either that prepared initially or that approved or prescribed on appeal, required by this chapter for the measure for which it is being circulated.
B. Checking, Specifications, and Preparation of Titles. When a copy of a petition to be circulated is deposited at the office of the recorder he shall immediately:
1. Check it for the legal sufficiency of the form in which it appears;
2. Advise the person depositing it whether it is legally sufficient in form; and
3. Specify the mode of writing the petition and the size and kind of paper on which to write it; and
4. If he is not responsible for preparing the titles required by this chapter for the measure to which the petition relates, transmit the copy to the city attorney. [Ord. 96 § 13, 1966].
1.16.140 Requisite number of signatures.
The number of signatures on a petition requisite to its being deemed duly prepared shall be, for an initiative petition, 15 percent, and for a referendum petition, 10 percent of the number of votes cast for the office of mayor at the mayoralty election last preceding the deposit of the petition at the office of the recorder after its circulation. [Ord. 96 § 14, 1966].
1.16.150 Attachment of measure to sheets for signatures.
No signature on a petition sheet shall be counted unless attached to it at the time of the signing of the signature is a copy of the measure to which the petition refers. [Ord. 96 § 15, 1966].
1.16.160 Verification of signatures.
No signature on a petition sheet shall be counted unless the person who circulates the sheet verifies it by an affidavit in the following form:
STATE OF OREGON )
County of Yamhill ) ss.
City of Dundee )
I,______________, being first duly sworn, state that each signer of this sheet signed it in my presence, and that I believe that he stated his name and address correctly on the sheet and is a legal voter of the City of Dundee.
__________________
Address of Affiant:
__________________
__________________
Subscribed and sworn to before me this ____ day of ______, 20__.
________________________
Notary Public for Oregon
My commission expires: ________, 20__.
[Ord. 96 § 16, 1966].
1.16.170 Certification of signatures.
A. Certification by Recorder. Within five days after a duly prepared petition is deposited at his office the recorder shall:
1. Compare the signatures on it with the signatures on the registration records in the office of the clerk of Yamhill County, Oregon; and
2. Attach to the petition a certificate in the following form:
STATE OF OREGON )
County of Yamhill ) ss.
City of Dundee )
I,______________, recorder of the City of Dundee, certify that I have compared the signatures on the attached petition with the signatures of the registration records in the office of the clerk of Yamhill County, Oregon, and on the basis of those records I certify that the signatures of the following in the number of _________, are genuine:
________________ _________________
________________ _________________
and that the signatures of the persons, in the number of _________ are not genuine:
________________ _________________
________________ _________________
____________________
Recorder
B. Certification by Notary. Within five days after the recorder attaches to a petition his certificate concerning the genuineness of the signatures on the petition a voter may attach to it a certificate in the following form by a notary public resident in the city:
STATE OF OREGON )
County of Yamhill ) ss.
City of Dundee )
I,______________, a duly qualified and acting notary public resident in the City of Dundee certify that I am personally acquainted with the following named voters whose signatures are affixed to the attached petition, that I know of my own knowledge that they are legal voters of the City of Dundee, that their addresses are correctly stated in the petition, and that their signatures on the petition are genuine:
________________ _________________
________________ _________________
In testimony whereof, I have set my hand and official seal this ___ day of ___, 20__.
__________________
Notary Public for Oregon
My commission expires: ____, 20__.
C. Effect of Certificate. A certificate provided by this section shall be prima facie evidence of the qualifications of the voters whose signatures it certifies to be genuine. [Ord. 96 § 17, 1966].
1.16.180 Signatures to be counted.
In determining whether a petition contains the number of signatures requisite to it being deemed duly prepared, the recorder shall count, except signatures forbidden by this chapter to be counted, all signatures on the petition which either he or a notary public resident of the city certifies to be genuine. [Ord. 96 § 18, 1966].
Article V. Ballot Title
1.16.190 Preparation of ballot title.
A. Time for Preparation. The ballot title for a measure ordered by the council, or proposed to be ordered by a petition, to be submitted to the voters shall be prepared and in the hands of the recorder within five days after the council orders the submission or after a copy of the petition is first deposited at the office of the recorder.
B. Initial Preparation. When the council orders submission of a measure to the voters or when a petition for ordering submission of a measure to the voters is first deposited at the office of the recorder:
1. If the city has an attorney and the attorney is not prevented by reason of absence from the city or physical disability from preparing the ballot title within the time in which this section requires preparation of the title, then the recorder, immediately upon the making of the order by the council or upon receiving the copy of the petition, and the attorney, within the time in which this section requires preparation of the title, shall prepare it and transmit it to the recorder; or
2. If the city has no attorney or its attorney is prevented by reason of absence from the city or physical disability from preparing the ballot title within the time in which this section requires preparation of the title, then the recorder, within that time, shall prepare the title.
C. Appeal to Council. A voter dissatisfied with the title may, within five days after it is prepared and in the hands of the recorder, appeal to the council by a written appeal deposited at the office of the recorder asking for a different ballot title for the measure and stating why the title prepared is unsatisfactory.
D. Action on Appeal. Within three days after deposit of the appeal at the office of the recorder the council shall afford the appellant a hearing and either approve the title or prescribe another ballot title for the measure. The title thus adopted shall be the ballot title for the measure. [Ord. 96 § 19, 1966].
1.16.200 Requisites of ballot title.
A. Parts. The ballot title for a measure shall consist of a short title and a long title.
B. Short Title. The short title shall be the title by which the measure is commonly spoken of or a title for commonly referring to the measure, and shall contain not more than 10 words.
C. Long Title. The long title shall state the purpose of the measure and shall contain not more than 100 words.
D. Accuracy and Fairness. The ballot title for a measure:
1. Shall state truly and impartially the purpose of the measure in language which is not an argument and does not tend to create prejudice concerning the measure; and
2. Shall not resemble, so far as probably to create confusion, the ballot title for another measure to be submitted to the voters at the same election. [Ord. 96 § 20, 1966].
Article VI. Election
1.16.210 Time to vote on measure.
The time for voting on a measure required to be submitted to the voters shall be at a time set by the council, not later than the first general election held more than 60 days after the latest time that the measure has been proposed or referred. [Ord. 96 § 21, 1966].
1.16.220 Title and numbers of measures on ballot.
On a ballot, measures shall appear by ballot title only, and initiative measures shall be distinguished from referred measures. The sequence of measures to be voted upon shall be the sequence in which the respective measures are ordered to be submitted to the voters with the first measure to be numbered 51 in numerals and the succeeding measures to be numbered consecutively 52, 53, 54 and so on. [Ord. 174 § 1, 1975; Ord. 96 § 22, 1966].
1.16.230 Notice of special election.
A. Publishing or Posting. In case of a special election on a measure the recorder, not earlier than 20 and not later than 10 days before the election, shall issue, under the seal of the city, a notice of the election and cause it to be:
1. Published in two consecutive issues of a newspaper of general circulation in the city; or
2. Posted in three public places in the city, including the City Hall.
B. Form. The form of the notices shall be as follows:
NOTICE OF SPECIAL ELECTION
On ________, 20__, in the City of Dundee, Oregon, from ___ a.m. till ___ p.m. a special election will be held at which the following measure(s) will be submitted to the voters for their approval:
_________________________________
_________________________________
(in drawing the notice, insert in this blank the number and ballot title of each measure to be voted upon at the election.)
The polling places for the election will be as follows:
Precinct Polling Place
______________ ______________
Witness my hand and the seal of the City of Dundee this __ day of ________, 20__.
___________________
(seal) Recorder
[Ord. 96 § 23, 1966].
1.16.240 Notice of general election.
Where a measure is to be voted upon at a general election the notice of the election shall state that fact and the ballot title and number of each measure to be voted upon at the election. [Ord. 96 § 24, 1966].
1.16.250 Advertising measure.
In case of the submission of a measure to the voters the recorder, not earlier than 20 and not later than 10 days prior to the election at which the measure is to be voted upon, shall cause it to be:
A. Published in two consecutive issues of a newspaper of general circulation in the city; or
B. Posted in three public places in the city, including the City Hall. [Ord. 96 § 25, 1966].
1.16.260 Election returns.
The votes on a measure shall be counted, canvassed, and returned as follows:
A. In case of general elections, in the same manner as other votes cast at general elections in the city; and
B. In case of special elections, in the manner provided by the city charter and ordinances. [Ord. 96 § 26, 1966].
Article VII. Effect of Measures
1.16.270 Proclamation of mayor.
A. Time and Content. Immediately upon the completion of the canvass of the votes on a measure submitted to the voters pursuant to this chapter the mayor shall issue a proclamation:
1. Recapitulating the vote on the measure;
2. Declaring whether the vote shows a majority of them to be in favor of the measure, announcing it to be effective from the date of the vote.
B. Publication or Posting. The recorder shall give public notice of the proclamation by:
1. Publishing it once in a newspaper of general circulation in the city; or
2. Posting copies of it in three public places in the city, including the City Hall.
C. Filing with Measure. The proclamation shall be filed with the measure. [Ord. 96 § 27, 1966].
1.16.280 Effective date of measure.
A measure submitted to the voters pursuant to this chapter shall take effect only when approved by a majority of the voters voting upon it. [Ord. 96 § 28, 1966].
1.16.290 Measures subject to referendum.
A measure, so long as it is subject to the referendum, shall have no effect. [Ord. 96 § 29, 1966].
1.16.300 Conflicting measures.
Of conflicting measures approved by the voters at an election, the one receiving the greater number of affirmative votes shall be paramount. [Ord. 96 § 30, 1966].
Article VIII. Criminal Provisions
1.16.310 Unlawful acts.
A. Signing by One Not a Voter. No person other than a voter shall sign his name to a petition.
B. Signing Another’s Name. No person shall sign a petition with a name not his own.
C. Signing Petition More Than Once. No person shall sign his name to a petition with knowledge that he has previously signed his name to the petition.
D. Circulating or Filing Petition with Unlawful Signature. No person shall knowingly circulate or deposit at the office of the recorder a petition which to his knowledge contains a signature signed in violation of this chapter.
E. Procuring Signature by Fraud. No person shall procure or attempt to procure a signature to a petition by fraud.
F. Making False Statement. No person shall make a statement which he knows to be false concerning a petition.
G. Making False Document. No person shall make a document for which this chapter provides which contains a false statement.
H. Paying or Receiving Consideration for Signatures. No person shall pay or receive a valuable consideration for procuring a signature to a petition.
I. Officer Violating Chapter. No officer shall willfully violate a provision of this chapter. [Ord. 96 § 31, 1966].
1.16.320 Penalty.
A person who violates a provision of this chapter shall be punished by:
A. A fine of not more than $1,000; or
B. Imprisonment in jail not more than 90 days; or
C. Both. [Ord. 96 § 32, 1966].