Chapter 1.15
INITIATIVE AND REFERENDUM
Sections:
1.15.030 Submission during business hours.
1.15.040 Manner of initiating or referring legislation.
1.15.060 Time for referring measure by petition.
1.15.070 Time for referral by council.
1.15.080 Prospective petition for initiative and referendum.
1.15.090 Petition circulation.
1.15.100 Filing completed petition.
1.15.110 Verification of signatures.
1.15.120 Certification of signatures.
1.15.130 Presentation to council.
1.15.150 Proclamation of election results.
1.15.160 Effective date of measures.
1.15.170 Conflicting measures.
1.15.010 Definitions.
As used in this chapter, the following mean:
“City elections officer” means the city recorder for the city of Creswell, or the city recorder’s designee.
“Conflicting measures” means when any part of one measure cannot operate concurrently with a provision of another measure or when one or both measures expressly provide that they are intended to be the exclusive enactment for that area of legislation.
“Emergency election” means an election held as provided by ORS 221.230(3), 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 otherwise established by ORS 221.230.
“Measure” means municipal legislation, charter revision, or advisory question placed on the ballot by the council. “Measure” also means municipal legislation or charter revision proposed for placement on the ballot by initiative or referendum petition.
“Petition” means an initiative or referendum petition for ordering a measure to be submitted to the voters.
“Refer” means to subject a measure to referendum.
“Regular election” means a city election held on one of the dates established by ORS 221.230 that is not an emergency election.
“Voter” means a legal voter of the city. [Ord. 506, 2017; Ord. 263 § 1, 1982].
1.15.020 Governing law.
Except as provided in this chapter and the City Charter, the initiative and referendum powers shall be governed by applicable state law. [Ord. 506, 2017].
1.15.030 Submission during business hours.
Prospective and completed petitions must be submitted to the city elections officer in person at the office of the city elections officer during regular business hours. [Ord. 506, 2017].
1.15.040 Manner of initiating or referring legislation.
A. Any elector may initiate proposed legislation by submitting a completed initiative petition proposing the measure to the city elections officer.
B. Any elector may refer a measure to the electors by submitting a completed referendum petition to the city elections officer prior to the effective date of the legislation.
C. The council may order submission of proposed or adopted legislation to the electors. [Ord. 506, 2017].
1.15.050 Advisory measures.
The city council may send a question or proposition to the electors for their advice. [Ord. 506, 2017].
1.15.060 Time for referring measure by petition.
A referendum petition for a measure shall be considered timely if the completed petition with the required signatures is submitted to the city elections officer within 30 days after the council enacts the nonemergency measure. [Ord. 506, 2017; Ord. 263 § 9, 1982. Formerly 1.15.090].
1.15.070 Time for referral by council.
The council may refer a measure only at the session at which it enacts the measure. [Ord. 506, 2017; Ord. 263 § 10, 1982. Formerly 1.15.100].
1.15.080 Prospective petition for initiative and referendum.
A. An initiative or referendum petition shall be in the form prescribed by the Secretary of State.
B. Prior to its circulation, a prospective petition for initiative or referendum shall be submitted with the city elections officer, with a correct copy of the measure and a signed statement with the name and address of the chief petitioners, not to exceed three, under whose authority and sponsorship the petition was prepared and is to be circulated. If the chief petitioner is an organization, the organization shall list its name and address and the name and address of each of the principal officers of the organization. The prospective petition shall otherwise comply with state law requirements.
C. When a prospective petition is submitted to the city elections officer, the city elections officer shall date and time stamp the petition and, as soon as possible, determine whether the prospective petition is in the proper form and legally sufficient.
D. If the prospective petition is not in the proper form or is legally insufficient, the city elections officer shall return the prospective petition to the chief petitioners and advise the chief petitioners what defects the city elections officer determined the petition contains.
E. If the prospective petition is in the proper form and legally sufficient, the city elections officer shall approve the petition for circulation and advise the chief petitioners of the number of signatures necessary to place the petition on the ballot. The city elections officer shall thereafter forward the prospective petition to the city attorney for preparation of the ballot title as provided by state law.
F. Upon receiving a ballot title for a city measure from the city attorney, the city elections officer shall publish in the next available edition of a newspaper of general circulation in the city a notice of receipt of the ballot title including notice that an elector may file a challenge to the ballot title as provided under state law.
G. An elector dissatisfied with the ballot title may, within seven business days after it is delivered to the city elections officer, petition the Lane County circuit court seeking a different ballot title and stating the reasons that the title prepared by the city attorney is insufficient, not concise or unfair. The court shall review the ballot title and measure to be initiated or referred, hear arguments, if any, and certify to the city elections officer a ballot title for the measure which meets the requirements of state statutes in effect at the time the ballot title is prepared. [Ord. 506, 2017].
1.15.090 Petition circulation.
After the petition is approved for circulation, the chief petitioners may circulate the petition for the measure among electors to obtain the necessary signatures as provided under state law. [Ord. 506, 2017].
1.15.100 Filing completed petition.
Upon obtaining the required number of signatures, the chief petitioners shall file the completed petition with the city elections officer for signature certification. The city elections official shall only accept petitions that comply with all requirements of this chapter and applicable state law. [Ord. 506, 2017].
1.15.110 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. 506, 2017; Ord. 263 § 19, 1982. Formerly 1.15.190].
1.15.120 Certification of signatures.
In accordance with state law, after a completed petition is submitted to 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 Lane County clerk. 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 chief petitioners. [Ord. 506, 2017; Ord. 263 § 20, 1982. Formerly 1.15.200].
1.15.130 Presentation to council.
After the filing of an initiative measure, the city elections officer shall present the proposed measure to the council at the next regular meeting of the council. [Ord. 506, 2017; Ord. 263 § 5, 1982. Formerly 1.15.050].
1.15.140 Voting on measures.
A. Elections on initiative or referendum measures for the city of Creswell shall be held at the next regular election as provided by state law.
B. By a majority vote, the city council may call for an emergency election to occur no sooner than the ninetieth day after verification and filing of a measure by the city elections officer. [Ord. 506, 2017; Ord. 350 § I, 1993; Ord. 263 § 21, 1982. Formerly 1.15.210].
1.15.150 Proclamation of election results.
A. Immediately upon the completion of the canvass of the votes on a measure, the city elections officer 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, or such other date as provided in the measure.
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. 506, 2017; Ord. 263 § 26, 1982. Formerly 1.15.260].
1.15.160 Effective date of measures.
A measure submitted to the voters shall take effect upon the city elections officer’s proclamation, or such other date as provided in the measure. A measure shall have no effect while it is subject to the referendum. [Ord. 506, 2017; Ord. 263 § 27, 1982. Formerly 1.15.270].
1.15.170 Conflicting measures.
Of conflicting measures approved by the voters at an election, the city elections officer shall declare the measure receiving the greater number of affirmative votes as approved and the other measure deemed not approved. [Ord. 506, 2017; Ord. 263 § 28, 1982. Formerly 1.15.280].
1.15.180 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 the person knows to contain a false statement.
H. No officer shall willfully violate a provision of this chapter. [Ord. 506, 2017; Ord. 263 § 29, 1982. Formerly 1.15.290].
1.15.190 Penalties.
Violation of a provision of CMC 1.15.180 is punishable by a fine not to exceed $500.00. [Ord. 506, 2017; Ord. 263 § 30, 1982. Formerly 1.15.300].