Chapter 2.32
INITIATIVE AND REFERENDUM
Sections:
2.32.010 Reservation of powers.
2.32.020 Application for petition.
2.32.030 Contents of petition.
2.32.040 Signature requirements.
2.32.050 Sufficiency of petition.
2.32.100 Conflicting measures.
2.32.010 Reservation of powers.
The powers of initiative and referendum are reserved to the residents of the borough, except the powers do not extend to matters restricted by Article XI, Section 7 of the State Constitution and the Charter, and as such the initiative shall not be used to dedicate revenues, make or repeal appropriations, create courts, define the jurisdiction of courts and prescribe their rules, or enact local or special legislation. The referendum shall not be applied to dedications of revenue, to appropriations, to local or special legislation, or to laws necessary for the immediate preservation of the public space, health, or safety. [Ord. 708, 2002.]
2.32.020 Application for petition.
A. An initiative or referendum shall be proposed by filing an application with the borough clerk containing the ordinance to be initiated or the ordinance or resolution to be referred and the name and address of a contact person and an alternate to whom all correspondence relating to the petition may be sent. An application will be signed by at least 10 voters who will sponsor the petition.
An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk. Within two weeks the clerk will certify the application if the clerk finds that it is in proper form and, for an initiative petition, that the matter:
1. Is not restricted by WMC 2.32.010;
2. Includes only a single subject;
3. Relates to a legislative rather than to an administrative matter; and
4. Would be enforceable as a matter of law.
B. A decision by the clerk on an application for petition is subject to judicial review. [Ord. 708, 2002.]
2.32.030 Contents of petition.
A. Within two weeks after certification of an application for an initiative or referendum petition, a petition will be prepared by the clerk. Each copy of the petition must contain:
1. A summary of the ordinance or resolution to be initiated or the ordinance or resolution to be referred;
2. The complete ordinance sought to be initiated or referred as submitted by the sponsors;
3. The date on which the petition is issued by the clerk;
4. Notice that signatures must be secured within 90 days after the date the petition is issued;
5. Spaces for each signature, the printed name of each signer, the date each signature is affixed, and the residence and mailing addresses of each signer;
6. A statement, with space for the sponsor’s sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and
7. Space for indicating the total number of signatures on the petition.
B. If a petition consists of more than one page, each page must contain the summary of the ordinance to be initiated or the ordinance or resolution to be referred.
C. The clerk shall notify the contact person in writing when the petition is available. The contact person is responsible for notifying sponsors. Copies of the petition shall be provided by the clerk to each sponsor who appears in the clerk’s office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed. [Ord. 708, 2002.]
2.32.040 Signature requirements.
A. The signatures on an initiative or referendum petition shall be secured within 90 days after the clerk issues the petition. The statement provided under WMC 2.32.030(A)(6) shall be signed and dated by the sponsor. Signatures shall be in ink or indelible pencil.
B. The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. A petition shall be signed by a number of voters equal to at least 25 percent of the number of votes cast at the last regular borough election held before the date written notice is given to the contact person that the petition is available.
C. Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence address shall be rejected.
D. A petition signer may withdraw the signer’s signature on written application to the clerk before certification of the petition. [Ord. 708, 2002.]
2.32.050 Sufficiency of petition.
A. All copies of an initiative or referendum petition shall be assembled and filed as a single instrument. Within 10 days after the date the petition is filed, the clerk shall:
1. Certify on the petition whether it is sufficient; and
2. If the petition is insufficient, identify the insufficiency and notify the contact person by certified mail.
B. A petition that is insufficient may be supplemented with additional signatures obtained and filed before the eleventh day after the date on which the petition is rejected.
C. A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under subsection (B) of this section. Within 10 days after a supplementary filing the clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record. [Ord. 708, 2002.]
2.32.060 Protest.
If the clerk certifies that an initiative or referendum petition is insufficient, a signer of the petition may file a protest with the borough manager within seven days after the certification. The borough manager shall present the protest at the next regular meeting of the assembly. The assembly shall hear and decide the protest. [Ord. 763 § 1, 2005; Ord. 708, 2002.]
2.32.070 New petition.
Failure to secure sufficient signatures does not preclude the filing of a new initiative or referendum petition. However, a new petition on substantially the same matter may not be filed sooner than six months after a petition is rejected as insufficient. [Ord. 708, 2002.]
2.32.080 Initiative election.
A. Unless substantially the same measure is adopted by the assembly, when a petition seeks an initiative vote the clerk shall submit the matter to the voters at the next regular or special election scheduled to occur no sooner than 60 days after certification of the petition. The assembly may call a special election in its discretion for such purpose, but no such special election shall be held sooner than 60 days after certification of the petition.
B. If the assembly adopts substantially the same measure, the petition is void and the matter initiated may not be placed before the voters.
C. The ordinance or resolution initiated shall be published in full in the notice of the election, but may be summarized on the ballot to indicate clearly the proposal submitted.
D. If a majority vote favors the ordinance or resolution, it becomes effective upon certification of the election, unless a different effective date is provided in the ordinance or resolution. [Ord. 833 § 8, 2009; Ord. 708, 2002.]
2.32.090 Referendum election.
A. Unless the ordinance or resolution is repealed by the assembly, when a petition seeks a referendum vote the clerk shall submit the matter to the voters at the next regular or special election occurring no sooner than 60 days after certification of the petition. The assembly may hold a special election for the purpose, at its discretion, but not sooner than 60 days after certification.
B. If a petition is certified before the effective date of the matter referred, the ordinance or resolution against which the petition is filed shall be suspended pending the referendum vote. During the period of suspension, the assembly may not enact an ordinance or resolution substantially similar to the suspended measure.
C. If the assembly repeals the ordinance or resolution before the referendum election, the petition is void and the matter referred shall not be placed before the voters.
D. If a majority vote favors the repeal of the matter referred, it is repealed. Otherwise, the matter referred remains in effect or, if it has been suspended, becomes effective on certification of the election. [Ord. 833 § 9, 2009; Ord. 708, 2002.]
2.32.100 Conflicting measures.
If two or more initiated or referred ordinances or resolutions which have conflicting provisions are enacted at the same election, the one receiving the largest affirmative vote shall prevail. [Ord. 708, 2002.]
2.32.110 Effect.
A. The effect of an ordinance or resolution may not be modified or negated within two years after its effective date if adopted in an initiative election or if adopted after a petition that contains substantially the same measure has been filed unless the modifying or negating measure is approved by the voters.
B. If an ordinance or resolution is repealed in a referendum election or by the assembly after a petition that contains substantially the same measure has been filed, substantially similar legislation may not be enacted for a period of two years unless the substantially similar legislation is approved by the voters.
C. If an initiative or referendum measure fails to receive voter approval, a new petition application for substantially the same measure may not be filed sooner than six months after the election results are certified. If an initiative or referendum measure is approved by the voters or the assembly adopts a substantially similar measure after an initiative petition is filed or repeals an ordinance after a referendum petition is filed, an application for a petition that would modify or negate the earlier adopted or approved measure or enact an earlier repealed measure may not be filed sooner than six months after the earlier measure has been adopted or repealed. [Ord. 763 § 2, 2005; Ord. 708, 2002.]