Chapter 4.04
INITIATIVE, REFERENDUM AND REFERRAL
Sections:
4.04.010 Prospective petition.
4.04.030 Petition and circulation requirements.
4.04.040 Filing and percentage requirements—Verification.
4.04.050 Measure referred by council.
4.04.060 Withdrawal, adoption or election.
4.04.070 Election notice and results.
4.04.010 Prospective petition.
(1) Before circulating a petition proposing either an initiative or referendum for city legislation, the chief petitioners must file a prospective petition with the recorder. The recorder will provide the form showing:
(a) The signatures, printed names and mailing addresses of at least two and not more than three chief petitioners, all of whom must be electors of the city;
(b) For initiative petitions, the text of the city legislation proposed for adoption, and, where applicable, the title, ordinance number, and charter or code section number proposed for amendment;
(c) For referendum petitions, the text of the city legislation proposed for referral, and the title, ordinance number or code section numbers of the subject city legislation; and
(d) Whether one or more persons will be paid for obtaining signatures on the petition.
(2) The recorder must date and time stamp any prospective petition.
(3) After the recorder determines that the prospective petition complies with this section and state law, the recorder will certify to one of the chief petitioners that petitions may be circulated among the electors in accordance with Section 4.04.030.
Statutory Reference: 2022 Gladstone City Charter §46; ORS 250.255 to 250.355.
History: Ord. 1433, 2011; Ord. 1514 §1 (Exh. A), 2022.
4.04.020 Ballot title—Appeal.
(1) Prior to the end of the fifth business day after a prospective initiative petition is filed and complies with all legal requirements, the recorder will review the text of the proposed initiative to determine whether it complies with the single subject requirement and if the initiative proposes city legislation.
(2) If the proposed text does not meet the requirements of subsection (1), the recorder will notify the chief petitioner by certified mail, return receipt requested, that the prospective petition does not meet the single subject or city legislation requirement.
(3) Any elector who is dissatisfied with the recorder’s determination that the proposed initiative does not meet the requirements of subsection (1) may file a petition for review in circuit court. The petition for review must be filed not later than the seventh business day after the written determination by the recorder.
(4) If the proposed initiative meets the requirements of subsection (1) or a referendum petition has been certified for circulation, the recorder will transmit a copy of the prospective petition to the city attorney. The city attorney has five business days after receiving the prospective petition to prepare a ballot title for the proposed measure. The ballot title must conform to the requirements of state law. The city attorney will immediately return the ballot title to the recorder.
(5) After receiving a ballot title from the city attorney, the recorder must publish in a newspaper of general circulation in the city a notice of receipt of the ballot title. The notice must state that a city elector may file a petition for review of the ballot title not later than the date referred to in subsection (6).
(6) After receiving the ballot title from the city attorney, the recorder must inscribe the date of receipt on it. Within seven business days after that date, any city elector may petition in circuit court to challenge the ballot title prepared by the city attorney. After the seven-day period, or following the final adjudication of any legal review, the recorder must certify the ballot title as prepared by the city attorney or as prescribed by the court to one of the chief petitioners.
(7) Any city elector filing a petition of review with the circuit court must file a copy of the challenge with the recorder not later than the end of the business day next following the date the petition is filed with the circuit court. This requirement does not invalidate a petition that is timely filed with the circuit court.
(8) The procedures set forth in subsections (1) through (7) for preparation of, and challenges to ballot titles for initiative measures also apply to referendum measures. However, the completion of these procedures is not a prerequisite to the circulation of petitions for referendum measures under Section 4.04.030. Ballot titles need not be stated on petitions circulated to propose referendum measures.
Statutory Reference: 2022 Gladstone City Charter §46, ORS 250.255 to 250.355.
History: Ord. 1433, 2011; Ord. 1514 §1 (Exh. A), 2022.
4.04.030 Petition and circulation requirements.
(1) After the requirements of Section 4.04.010 (3) are met for referendum petitions, and after the requirements of Section 4.04.020 (6) are met for initiative petitions, the chief petitioners may circulate a petition for the measure among city electors. The petition (cover sheet and signature sheet) must conform to the requirements of state law.
(2) The petition identification number will be assigned by the recorder.
(3) Each signature sheet of a referendum petition must contain the title, ordinance number or code section numbers of the city legislation proposed by referral and the date it was adopted by the council.
(4) No signature sheet may be circulated by more than one person. Each signature sheet must contain a statement signed by the circulator that each elector who signed the sheet did so in the circulator’s presence, and, to the best of the circulator’s knowledge, each such elector is a legal elector of the city and that the information placed on the sheet by each such elector is correct.
Statutory Reference: 2022 Gladstone City Charter §46, ORS 250.255 to 250.355.
History: Ord. 1433, 2011; Ord. 1514 §1 (Exh. A), 2022.
4.04.040 Filing and percentage requirements—Verification.
(1) The recorder will accept for signature verification in accordance with this subchapter only petitions that comply with the requirements of this subchapter and other applicable law.
(2) No petition may be accepted for filing unless it contains at least the required number of verified signatures to submit the measure to the electors, as prescribed by subsections (7), (8) or (9).
(3) No initiative petition will be accepted for signature verification more than six months after the date of the recorder’s certification under Section 4.04.020 (6).
(4) Any petition to refer legislation adopted by the council must be submitted for signature verification not more than 30 days after the council’s adoption of such legislation.
(5) An initiative or referendum petition may not be accepted for signature verification if it contains less than 100 percent of the required number of signatures.
(6) Upon the acceptance of a petition, the recorder must verify the signatures. Such verification may be performed by random sampling in a manner approved by the Secretary of State. Within 30 days after the recorder’s acceptance of a petition, the recorder must certify to the council whether the petition contains a sufficient number of qualified signatures to require the submission of the proposed measure to city electors. The recorder must state in the certificate the number of qualified signatures prescribed by subsections (7), (8) or (9) to require the proposed city legislation to be submitted to city electors. The petition is considered filed as of the date of the recorder’s certification.
(7) An initiative measure proposing an amendment to the city charter will be submitted to the electors if the number of qualified signatures on the petition equals or exceeds 15 percent of the total number of votes cast in the city for all candidates for governor at the last general election for the office of governor.
(8) An initiative measure proposing the adoption, amendment or repeal of any other city legislation will be submitted to the electors if the number of qualified signatures on the petition equals or exceeds 15 percent of the total number of votes cast in the city for all candidates for governor at the last general election for the office of governor.
(9) A referendum measure will be submitted to the electors if the number of qualified signatures on the petition equals or exceeds 10 percent of the total number of votes cast in the city for all candidates for governor at the last general election for the office of governor.
Statutory Reference: 2022 Gladstone City Charter §46, ORS 250.255 to 250.355.
History: Ord. 1433, 2011; Ord. 1514 §1 (Exh. A), 2022.
4.04.050 Measure referred by council.
(1) The council may directly refer to the electors any ordinance adopted by it or any proposed ordinance, property tax, bond or other proposition or question. It may also directly refer to the electors any proposed charter amendment, revision, replacement or repeal.
(2) The city attorney will prepare a ballot title and explanatory statement that conforms to the requirements of state law. The council will certify and file the ballot title and explanatory statement with the recorder.
(3) The recorder will publish in a newspaper of general circulation in the city a notice of receipt of the ballot title and explanatory statement including notice that an elector may file a petition for review of the ballot title or explanatory statement not later than the date set in subsection (4).
(4) Any elector may petition the circuit court to challenge the ballot title certified by the council. Such petition must be filed with the circuit court within seven business days of council filing of the ballot title. Any person filing a petition of review with the circuit court must file a copy of the challenge with the recorder not later than the end of the business day next following the date the petition is filed with the circuit court. This requirement does not invalidate a petition that is timely filed with the circuit court.
(5) A measure will be considered filed under this section as of the date the council delivers its certified ballot title to the recorder.
Statutory Reference: 2022 Gladstone City Charter §46, ORS 250.255 to 250.355.
History: Ord. 1433, 2011; Ord. 1514 §1 (Exh. A), 2022.
4.04.060 Withdrawal, adoption or election.
(1) The chief petitioners may withdraw a verified petition at any time before council action to adopt the proposed city legislation or submit it to the electors. Any withdrawal must be either by written or oral declaration made at a council meeting and entered in the minutes of that meeting.
(2) Unless a petition is withdrawn, after receiving a certification from the recorder that a petition has sufficient qualified signatures to require the proposed city legislation to be submitted to the electors under Section 4.04.040 (6), the council may either adopt the proposed legislation by ordinance, or call an election for submission of the legislation to the electors. The council may also call an election to submit matters to the electors upon referral under Section 4.04.050.
(3) The council has the option to call the election on the next election date available under state law, or the first available regular election. For a council referral, the council may call the election on the referral on the next election date available under state law or first available regular election. The council may not call an election on an initiative or referendum sooner than the 90th day after the date the recorder delivers to the council a certificate of sufficient signatures.
(4) The city attorney must prepare an explanatory statement for each city ballot measure. The explanatory statement must consist of an impartial, simple and understandable statement of not more than 500 words explaining the measure and its effect.
Statutory Reference: 2022 Gladstone City Charter §46, ORS 250.255 to 250.355.
History: Ord. 1433, 2011; Ord. 1514 §1 (Exh. A), 2022.
4.04.070 Election notice and results.
(1) Notice of elections on measures submitted to electors on regular or special election dates must be given in accordance with state law.
(2) Measures referred by the council will be designated on the ballot: “Referred to the Voters by the City Council.”
(3) Measures proposed by referendum petition will be designated on the ballot: “Referred by Petition of the Voters.”
(4) Measures proposed by initiative petition will be designated on the ballot: “Proposed by Initiative Petition.”
(5) The recorder must certify the election results to the council at the first council meeting after which the results are certified by the county clerk.
(6) A measure adopted by the electors takes effect 30 days after the election, unless such measure expressly provides a later effective date.
Statutory Reference: 2022 Gladstone City Charter §46, ORS 250.255 to 250.355.