Chapter 1.08
INITIATIVE AND REFERENDUM
Sections:
1.08.010 Petition – Form – Ordinance or amendment to the Charter.
1.08.020 Petition – Form – Referendum.
1.08.030 Petition – Verification of signatures.
1.08.040 Petition – Forms not mandatory.
1.08.050 Petition – Twenty signatures per sheet – Full and correct copy to be shown to voter.
1.08.060 Petition – Acceptance.
1.08.070 Petition – Percentage of greatest number of votes cast in last election required.
1.08.080 Charter amendments – Resolution.
1.08.090 Charter amendments – Resolution – Contents.
1.08.130 Affirmative majority required – Conflicting provisions.
1.08.150 Proclamation of adoption.
1.08.160 Petition – Referendum – Filing.
1.08.010 Petition – Form – Ordinance or amendment to the Charter.
The following shall be substantially the form of a petition for any ordinance or amendment to the Charter proposed by the initiative:
WARNING
It is a felony for anyone to sign any initiative or referendum petition with any other name than his own, or to knowingly sign his name more than once for the same measure, or to sign such petition when he is not a legal voter.
INITIATIVE PETITION
To the Honorable ___________________
City Recorder of the City of Culver
Jefferson County, Oregon.
We the undersigned citizens and legal voters of the City of Culver, Jefferson County, Oregon, respectfully demand that the following proposed ordinance (or amendment to the City Charter) shall be submitted to the legal voters of the City of Culver, Jefferson County, Oregon, for their approval or rejection at the regular (or special) election to be held on the ___ day of ________, 20___, and each for himself says: I have personally signed this petition; I am a legal voter of the City of Culver, Jefferson County, Oregon, and my residence and street number are correctly written after my name.
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NAME |
RESIDENCE |
STREET NUMBER |
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|
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(Here follow 20 numbered lines for signatures)
[Ord. 302 § 1, 1985.]
1.08.020 Petition – Form – Referendum.
The following shall be substantially the form of petition for referendum to the people on any ordinance passed by the city council:
WARNING
It is a felony for anyone to sign any initiative or referendum petition with any other name than his own, or to knowingly sign his name more than once for the same measure, or to sign such petition when he is not a legal voter.
REFERENDUM PETITION
To the Honorable ___________________
City Recorder of the City of Culver
Jefferson County, Oregon.
We the undersigned legal voters of the City of Culver, Jefferson County, Oregon, respectfully demand that Ordinance No. _____ entitled (the title of the ordinance on which the referendum is sought), passed by the Council of the City of Culver at its meeting on the ____ day of _______, 20___, shall be submitted to the legal voters of the City of Culver for their approval or rejection at the regular (or special) election to be held on the ____ day of _______, 20___, and each for himself says:
I have personally signed this petition; I am a legal voter of the City of Culver, Jefferson County, Oregon, and my residence and street number are correctly written after my name.
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NAME |
RESIDENCE |
STREET NUMBER |
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|
|
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(Here follow 20 numbered lines for signatures)
[Ord. 302 § 2, 1985.]
1.08.030 Petition – Verification of signatures.
Each and every sheet of every petition for either initiative or referendum containing signatures shall be verified on the back thereof in substantially the following form by the person who circulated such sheet of said petition by affidavit thereon as follows:
State of Oregon )
County of Jefferson ) ss.
City of Culver )
I, ________________, being first duly sworn, say that every person who signed this sheet of the foregoing petition, and each of them, signed his name thereto in my presence; I believe that each has stated his name, residence and street number correctly and that each signer is a legal voter of the City of Culver.
_________________________________
Signature and title of officer
and his residence
[Ord. 302 § 3, 1985.]
1.08.040 Petition – Forms not mandatory.
The forms herein given are not mandatory and if substantially followed in any petition it shall be sufficient, disregarding clerical and technical errors. [Ord. 302 § 4, 1985.]
1.08.050 Petition – Twenty signatures per sheet – Full and correct copy to be shown to voter.
Not more than 20 signatures shall be signed to one sheet of a petition, and a full and correct copy of the title and text of the measure demanded for submission by the initiative or referendum petition, as the case may be, shall be attached to each sheet circulated for signatures, and such full and correct copy of the title and text shall be shown to the voter before his signature is attached. [Ord. 302 § 5, 1985.]
1.08.060 Petition – Acceptance.
The city recorder of the city of Culver shall accept for filing any petition for the initiative or for the referendum, subject to the verification of the number and genuineness of the signatures and voting qualifications of the persons signing the same by reference to the registration books in the office of the county clerk of Jefferson County, and if a sufficient number of qualified voters be found to have signed said petition, he shall file same within 30 days after presentation thereof to him. [Ord. 302 § 6, 1985.]
1.08.070 Petition – Percentage of greatest number of votes cast in last election required.
Initiative petitions for any proposed ordinance, Charter amendment or measure shall be signed by a number of legal voters equal to 15 percent of the greatest number of votes cast for councilmen at the last preceding municipal election. Referendum petitions against any ordinance or measure proposed by the council shall be signed by a number of legal voters equal to 10 percent of the greatest number cast for councilmen at the last regular preceding municipal election. [Ord. 302 § 7, 1985.]
1.08.080 Charter amendments – Resolution.
An amendment to the Charter of the city of Culver, or a new Charter, may be proposed and submitted to the legal voters hereof by resolution of the council without an initiative petition; said resolution shall be filed with the city recorder for submission not later than 15 days before the election at which it is to be voted upon, and no amendment to the Charter shall be effective until it is approved by a majority of the votes cast thereon by the legal voters of said city. [Ord. 302 § 8, 1985.]
1.08.090 Charter amendments – Resolution – Contents.
Where an amendment to the Charter of the city of Culver, or a new Charter, may be proposed and submitted to the legal voters thereof by resolution of the council without an initiative petition, the resolution shall therein state the date of the regular municipal election, or the date of a special election at which said Charter amendment or new Charter will be submitted to be voted on, and shall call and make provision for such election. [Ord. 302 § 9, 1985.]
1.08.100 Ballot title.
When any measure for initiative or referendum legislation which is required to be filed by the city recorder after the number and genuineness of signatures thereto as provided by CMC 1.08.060 have been ascertained, or when any resolution of the council shall be filed with the city recorder as provided in CMC 1.08.080, the city recorder shall forthwith transmit to the city attorney a copy of such measure who shall then prepare the ballot title in conformance with ORS 250.035 and 250.775. Any citizen who is dissatisfied with the ballot title provided by the city attorney shall follow the procedures for challenging said ballot title pursuant to ORS 250.296. It should be the duty of the city recorder to print said ballot titles and numbers upon the official ballot. Measures referred to the voters by petition shall be designated “referendum ordered by petition of the people.” Measures proposed by initiative petition shall be designated “proposed by initiative petition.” Charter amendments or a new Charter submitted by the council without initiative petition shall be designated “Charter amendment submitted to the voters by the council.” The council may provide a ballot title and a resolution that submits Charter amendments or a new Charter to a vote by the people. The provisions of this section relative to filing said measure with the city attorney, preparation of the ballot title by the city attorney, and appeals of the ballot title to the city council shall not apply to any measure which is referred to the people by resolution of the city council. [Ord. 3001 § 1, 1995; Ord. 3000 § 2(A), 1995; Ord. 302 § 10, 1985.]
1.08.110 Special election.
Where a special election is called either on petition for proposed ordinance or Charter amendments by the initiative, or for submitting ordinances by the referendum, or on Charter amendments or a new Charter proposed by resolution of the council; the city recorder shall under the direction of the council give at least 10 days’ notice of such election by posting notices thereof at a conspicuous place in the City Hall and in one public place in each voting precinct of the city, or by publication in two issues of a newspaper published in the city. Such notice shall state the ballot title of each measure to be voted upon and the time and place of the election. [Ord. 302 § 11, 1985.]
1.08.120 Violation – Penalty.
Legal voters of the city of Culver are qualified to sign a petition for the referendum or for the initiative for any measure which he is entitled to vote upon. Any person signing any name other than his own to a petition, or knowingly signing his name more than once for the same measure at one election, who is not at the time of signing the same a legal voter of the city of Culver or any officer or other person violating any of the provisions of this chapter, shall upon conviction thereof be punished as a Class B infraction with a fine not exceeding $100.00. [Ord. 302 § 12, 1985.]
1.08.130 Affirmative majority required – Conflicting provisions.
The manner of voting upon measures submitted to the legal voters shall be the same as now is or may hereafter be provided by law. No measure shall be adopted unless it shall receive the affirmative majority of the total number of legal votes cast on such measure and entitled to be counted thereon. If two or more laws on the same subject or containing provisions that are conflicting, shall be approved by the voters at the same election, the measure receiving the greatest number of affirmative votes shall be proclaimed to be the law adopted. [Ord. 302 § 13, 1985.]
1.08.140 Votes – Process.
The votes on measures and Charter amendments shall be counted, canvassed and returned as votes for candidates are counted, canvassed and returned. [Ord. 302 § 14, 1985.]
1.08.150 Proclamation of adoption.
The mayor shall within 15 days from the time of such election proclaim by posting printed or typewritten copies of such proclamation in at least two conspicuous places in said municipality, the adoption of such measure and amendment which shall have received the affirmative majority of the total number of votes cast thereon. In case of ordinances which have been passed by the council and voted upon by referendum, proclamation of the result of such vote shall also be made. [Ord. 302 § 15, 1985.]
1.08.160 Petition – Referendum – Filing.
Where referendum petitions shall be signed by the required number of legal voters against any ordinance passed by the council, the same shall be filed with the recorder within 30 days after the passage and approval of the ordinance in question. [Ord. 302 § 16, 1985.]