Chapter 2.64 PRESCRIBING INITIATIVE AND REFERENDUM PROCEDURES

B. "Emergency election" means an election held as provided by Oregon Revised Statutes Section 221.230(2), when the council finds that in order to avoid extraordinary hardship to the community it is necessary to hold an election sooner than the next available election date specified in Oregon Revised Statutes Section 221.230(1).

C. "Measure" means a legislative enactment by the council not necessary for the immediate preservation of the public peace, health and safety; a part of such enactment; or a proposed legislative enactment for the city.

D. "Petition" means an initiative or referendum petition for ordering a measure to be submitted to the voters.

E. "Refer" means to subject a measure to the referendum.

F. "Regular election" means a city election held at the same time as a primary or general biennial election for election of state and county officers.

G. "Special election" means an election held on a date specified in Oregon Revised Statutes Section 221.230(1) that is not a regular election.

H. "Voter" means a legal voter of the city.

I. "Write" means to write, type or print. (Ord. 2447 §1, 1982)

2.64.020 Complete procedure.

This chapter provides a complete procedure for the voters to exercise initiative and referendum powers. (Ord. 2447 §2, 1982)

2.64.030 Initiative proposal.

An initiative measure shall be proposed by depositing at the office of the city elections officer a duly prepared petition ordering the measure to be submitted to the voters. (Ord. 2447 §3, 1982)

2.64.040 Form of initiative petition.

A. An initiative petition shall not be considered duly prepared unless it is in the form prescribed by the Secretary of State. A sample of the form is available in the office of the city elections officer.

B. Only the first twenty names appearing on a page of a petition shall be considered in computing the number of valid signatures on the petition.

C. The caption that is part of the ballot title prepared by the city attorney shall be printed in the foot margin of each signature sheet of the initiative petition. (Ord. 2447 §4, 1982)

2.64.050 Presentation to council.

At the next regular meeting of the council after the proposal of an initiative measure, the city elections officer shall present the measure to the council. (Ord. 2447 §5, 1982)

2.64.060 Submission to voters.

The city elections officer shall cause a Charter or Charter amendment proposed by the initiative, and any other initiative measure not adopted within thirty days after its filing, to be submitted to the voters at the time provided by Section 2.64.210. (Ord. 2447 §6, 1982)

2.64.070 Referendum procedure.

A measure shall be referred by:

A. Deposit at the office of the city elections officer a duly prepared referendum petition for the measure; or

B. Council submission of the measure to the voters. (Ord. 2447 §7, 1982)

2.64.080 Form of referendum petition.

A. A referendum petition shall not be considered duly prepared unless it is in the form prescribed by the Secretary of State. A sample of the form is available at the office of the city elections officer.

B. Only the first twenty names appearing on a page of a petition shall be considered in computing the number of valid signatures on the petition.

C. The caption that is part of the ballot title prepared by the city attorney shall be printed in the foot margin of each signature sheet of the referendum petition. (Ord. 2447 §8, 1982)

2.64.090 Time for referring measure by petition.

A referendum petition for a measure shall be considered duly prepared if the petition and the required signatures are deposited with the city elections officer within thirty days after the council enacts the measure. (Ord. 2447 §9, 1982)

2.64.100 Time for referral by council.

The council may refer a measure only at the session at which it enacts the measure. (Ord. 2447 §10, 1982)

2.64.110 Submission to voters.

The city elections officer shall cause a referred measure to be submitted to the voters at the time fixed by Section 2.64.210. (Ord. 2447 §11, 1982)

2.64.120 Preparation of petitions.

A petition shall not be considered duly prepared unless:

A. Prior to its circulation, a copy is deposited with the city elections officer, with a correct copy of the measure and a signed statement on the face of the petition of the name and address of the person or persons, not to exceed three, under whose authority and sponsorship the petition was prepared and is to be circulated; or, if the sponsor is an organization, its name and address and the name and address of each of the principal officers of the organization; and

B. As circulated, the petition:

1. Complies with the requirements of Section 2.64.040 or Section 2.64.080;

2. Contains the ballot title that is prepared initially or that is approved or prescribed on appeal, as required by this chapter, for the measure for which it is being circulated; and

3. Contains the name and address of the sponsor of the petition. (Ord. 2447 §12, 1982)

2.64.130 Elections officer duties.

When a copy of a petition to be circulated is deposited with the city elections officer, the officer shall immediately:

A. Check the form for compliance with Section 2.64.040 or 2.64.080;

B. Advise the person depositing it whether it complies with Section 2.64.040 or 2.64.080 and, if it does not, how to correct it;

C. Stamp the date and time on the petition;

D. Provide a sample petition Corm prescribed by the Secretary of State, if one has not already been obtained; and

E. Send a copy to the city attorney for preparation of the ballot title, unless the officer is responsible for preparing the title. (Ord. 2447 §13, 1982)

2.64.140 Ballot title preparation.

A. The ballot title for a measure ordered by the council or proposed to be ordered by a petition shall be prepared and in the hands of the city elections officer within five days after the council orders the submission or after a copy of the petition is first deposited with the officer.

B. When the council orders submission of a measure to the voters or when a petition is first deposited with the city elections officer, the officer shall send a copy of the measure to the city attorney, who shall prepare the ballot title and return it to the officer. If the city has no attorney or the city attorney is unable to prepare the ballot title within the time required, the officers shall prepare the ballot title. (Ord. 2447 §14, 1982)

2.64.150 Ballot title appeals.

A. Any elector dissatisfied with a ballot title filed with the city elections officer by the city attorney may petition the circuit court of the judicial district in which the city is located seeking a different title and stating the reasons the title filed with the court is insufficient, not concise or unfair. The petition shall name as respondent the city attorney and must be filed no later than the seventh business day after the title is filed with the city elections officer. The court shall review the title and measure to be initiated or referred, hearing arguments, if any, and certify to the city elections officer a title for the measure which meets the requirements of ORS 250.035.

B. An elector filing a petition under this section shall notify the city elections officer in writing that the petition has been filed. The notice shall be given not later than five p.m. on the next business day following the day the petition is filed.

C. The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors. (Ord. 3005 §1, 2011: Ord. 2447 §15, 1982)

2.64.160 Captions and statements.

The ballot title shall be a concise and impartial statement of the purpose of the measure. It shall consist of:

A. A caption not exceeding ten words by which the measure is commonly referred to;

B. A question of not more than twenty words which plainly states the purpose of the measure and is phrased so that an affirmative response to the question corresponds to an affirmative vote on the measure; and

C. An abbreviated statement not exceeding seventy-five words which summarizes the measure. (Ord. 2447 §16, 1982)

2.64.170 Number of signatures.

A. The number of signatures required for a duly prepared initiative petition shall not be less than fifteen percent of the voters registered in the city at the time the prospective petition is filed.

B. The number of signatures required for a duly prepared referendum petition shall not be less than ten percent of the voters registered in the city at the time the prospective petition is filed. (Ord. 3005 §2, 2011: Ord. 2447 §17, 1982)

2.64.180 Attachment of measure to sheets.

A signature on a petition sheet shall not be counted unless a copy of the measure to which the petition refers is attached to the sheet. (Ord. 2447 §18, 1982)

2.64.190 Verification of signatures.

A signature on a petition sheet shall not be counted unless the person who circulated the sheet verifies, on its face, by a signed statement, that the individuals signed the sheet in the presence of the circulator and the circulator believes that each individual who signed the sheet is a qualified voter. (Ord. 2447 §19, 1982)

2.64.200 Certification of signatures.

A. Within ten days after a duly prepared petition is deposited with the city elections officer, the officer shall verify the number and genuineness of the signatures and the voting qualifications of the persons signing the petition by reference to the registration books in the office of the county clerk.

B. If a sufficient number of voters signed the petition, the officer shall so certify and file the petition. If the officer determines that there is an insufficient number of signatures, the petition shall be returned to the sponsor or person offering the petition for filing. (Ord. 2447 §20, 1982)

2.64.210 Voting on measures.

A. The time for voting on a measure shall be the first available election date more than ninety days after the verification and filing of a duly prepared petition by the city elections officer.

B. The council may call an emergency election for a measure and set the date for it as provided by Oregon Revised Statutes Section 221.230. (Ord. 2447 §21, 1982)

2.64.220 Designation and numbering of measures.

A. Measures shall appear on a ballot by ballot title only, and initiative measures shall be distinguished from referred measures.

B. The sequence of measures to be voted on 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. 2447 §22, 1982)

2.64.230 Election notice.

The city elections officer shall give notice of all elections in accordance with the requirements of the city Charter. (Ord. 2447 §23, 1982)

2.64.240 Information to county clerk.

When a measure is to be voted on at a regular or special election, the city elections officer shall furnish a certified copy of the ballot title and number of each measure to be voted on at the election to the county clerk, in accordance with the time limits established by state law. (Ord. 2447 §24, 1982)

2.64.250 Election returns.

The votes on a measure shall be counted, canvassed and returned by the county clerk, as provided by state law. (Ord. 2447 §25, 1982)

2.64.260 Proclamation of election results.

A. Immediately upon the completion of the canvass of the votes on a measure, the mayor shall issue a proclamation:

1. Stating the vote on the measure;

2. Declaring whether the vote shows a majority to be in favor of it; and

3. If a majority of voters favor the measure, declaring it to be effective from the date of the vote.

B. The city elections officer shall give public notice of the proclamation by publishing it once in a newspaper of general circulation in the city or by posting copies of it in five public places in the city, including City Hall.

C. The proclamation shall be filed with the measure. (Ord. 2447 §26, 1982)

2.64.270 Effective date of measures.

A measure submitted to the voters shall take effect when approved by a majority of the voters voting on it. A measure shall have no effect while it is subject to the referendum. (Ord. 2447 §27, 1982)

2.64.280 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. 2447 §28, 1982)

2.64.290 Unlawful acts.

A. No person other than a registered voter shall sign a petition.

B. No person shall sign a petition with a name not his or her own.

C. No person shall knowingly sign a petition more than once.

D. No person shall knowingly circulate or deposit at the office of the city elections officer a petition that contains a signature signed in violation of this chapter.

E. No person shall procure or attempt to procure a signature on a petition by fraud.

F. No person shall knowingly make a false statement concerning a petition.

G. No person shall make a document required or provided for by this chapter that contains a false statement.

H. No person shall pay or receive a valuable consideration for procuring a signature on a petition.

I. No officer shall wilfully violate a provision of this chapter. (Ord. 2447 §29, 1982)

2.64.300 Violation--Penalty.

Violation of a provision of Section 2.64.290 is punishable by a fine not to exceed five hundred dollars, or imprisonment not to exceed thirty days, or both fine and imprisonment. (Ord. 2447 §30, 1982)