Chapter 2.05 INITIATIVE AND REFERENDUM

“Emergency election” means an election held as provided by ORS 221.230(2) when the council finds that to avoid extraordinary hardship in the community it is necessary to hold an election sooner than the next available election date specified in ORS 221.230(1).

“Measure” means a legislative enactment by the council that is 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.

“Petition” means an initiative or referendum petition for ordering a measure to be submitted to the electors.

“Prospective petition” means the information, except ballot title information, signatures, and other identification of petition signers, required to be contained in a completed petition.

“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.

“Special election” means an election held on a date specified in ORS 221.230(1) that is not a regular election.

“Write” means to write, type or print. [Ord. 267 § 1, 1985.]

2.05.020 Complete procedure.

This chapter provides a complete procedure for the electors to exercise initiative and referendum powers. [Ord. 267 § 2, 1985.]

2.05.030 Initiative proposal.

An initiative measure shall be proposed by filing with the city elections officer a completed petition that meets the requirements of this chapter and orders the measure to be submitted to the electors. [Ord. 267 § 3, 1985.]

2.05.040 Referendum procedure.

A measure shall be referred by:

(1) Filing with the city elections officer a completed referendum petition that meets the requirements of this chapter; or

(2) Submission of the measure to the electors by the council. [Ord. 267 § 4, 1985.]

2.05.050 Time for referring measure by petition.

A completed referendum petition for a measure, including the required signatures, must be filed with the city elections officer within 30 days after the council enacts the measure. [Ord. 267 § 5, 1985.]

2.05.060 Time for referral by council.

The council may refer a measure only at the session at which it enacts the measure. [Ord. 267 § 6, 1985.]

2.05.070 Prospective petition.

(1) A prospective petition shall be in the form prescribed by the secretary of state.

(2) Prior to its circulation, a copy of the prospective petition shall be deposited with the city elections officer with a correct copy of the measure and a signed statement on the face of the petition stating 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. [Ord. 267 § 7, 1985.]

2.05.080 Elections officer duties.

When a copy of a prospective petition is deposited with the city elections officer, the officer shall:

(1) Check the form for compliance with HMC 2.05.070;

(2) Advise the person depositing it whether it complies with HMC 2.05.070 and, if it does not, how to make it comply;

(3) Stamp the date and time on the prospective petition;

(4) Provide a sample petition form prescribed by the secretary of state, if one has not already been obtained; and

(5) Send a copy to the city attorney for preparation of the ballot title. [Ord. 267 § 8, 1985.]

2.05.090 Ballot title preparation.

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

(2) When the council orders submission of a measure to the electors or when a prospective petition is 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 officer shall prepare the ballot title. [Ord. 267 § 9, 1985.]

2.05.100 Captions and statements.

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

(1) A caption not exceeding 10 words by which the measure is commonly referred to;

(2) A question not exceeding 20 words that 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

(3) An abbreviated statement not exceeding 175 words that summarizes the measure. [Ord. 408 § 1, 2015; Ord. 267 § 10, 1985.]

2.05.110 Ballot title appeals.

An elector who is dissatisfied with the ballot title may, within five days after it is prepared and deposited with the city elections officer, appeal to the council by a written appeal deposited with the officer asking for a different ballot title for the measure and stating why the title is unsatisfactory. Within three days after deposit of the appeal with the officer, the council shall provide the appellant a hearing and either approve the title or prescribe another ballot title for the measure. [Ord. 267 § 11, 1985.]

2.05.120 Petition requirements.

Prior to circulation, a petition must:

(1) Be in the form prescribed by the Secretary of State; a sample of the form is available in the office of the city elections officer;

(2) Contain the name and address of the sponsor or sponsors of the petition; and

(3) Have written in the foot margin of each signature sheet and on the cover:

(a) On an initiative petition, the caption that is part of the ballot title. The cover sheet shall contain the entire ballot title.

(b) On a referendum petition, the number and title of the measure to be referred as enacted by the city council. If there is no title, the title supplied by the petitioner shall be used as the title. [Ord. 267 § 12, 1985.]

2.05.130 Number of signatures.

(1) The number of signatures required for an initiative petition is 15 percent of the number of votes cast for all candidates for mayor at the election for the office of mayor immediately preceding the deposit of the prospective petition with the city elections officer.

(2) The number of signatures required for a referendum petition is 10 percent of the number of votes cast for all candidates for mayor at the election for the office of mayor immediately preceding the deposit of the prospective petition with the city elections officer. [Ord. 267 § 13, 1985.]

2.05.140 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 at the time of signing and filing. [Ord. 267 § 14, 1985.]

2.05.150 Signature limits.

Only the first 20 names on a page of a petition shall be considered in computing the number of valid signatures on the petition. [Ord. 267 § 15, 1985.]

2.05.160 Verification of signatures.

A signature on a petition sheet shall not be counted unless the person who circulated the sheet verifies by a signed statement on its face that the individuals signed the sheet in the presence of the circulator and the circulator believes that each individual who signed is a qualified elector. [Ord. 267 § 16, 1985.]

2.05.170 Certification of signatures.

Within 10 days after a petition is offered for filing with the city elections officer, the officer shall verify the number and genuineness of the signatures and the voting qualifications of the persons who signed the petition by reference to the registration books in the office of the Linn County clerk. If a sufficient number of electors signed the petition, the officer shall certify and file the petition. If the officer determines that there is an insufficient number of signatures, the petition shall be returned to the person who offered the petition for filing. [Ord. 267 § 17, 1985.]

2.05.180 Presentation to council.

At the next regular meeting of the council after the proposal of a completed initiative measure, the city elections officer shall present the measure to the council. [Ord. 267 § 18, 1985.]

2.05.190 Submission to electors.

(1) The city elections officer shall cause a charter or charter amendment proposed by the initiative, and any other initiative measure not adopted within 30 days after its filing, to be submitted to the electors at the time provided by HMC 2.05.200.

(2) The city elections officer shall cause a referred measure to be submitted to the electors at the time fixed by HMC 2.05.200. [Ord. 267 § 19, 1985.]

2.05.200 Voting on measures.

(1) Except as provided by subsection (2) of this section, the time for voting on a measure shall be the first available election date more than 90 days after the verification and filing of a petition by the city elections officer.

(2) The council may call an emergency election for a measure and set the date for it as provided by ORS 221.230. [Ord. 267 § 20, 1985.]

2.05.210 Designating and numbering measures.

Measures shall appear on a ballot by ballot title only, and initiative measures shall be distinguished from referred measures. The sequence of measures to be voted on shall be the sequence in which the respective measures are ordered to be submitted to the electors, 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. 267 § 21, 1985.]

2.05.220 Election notice.

The city elections officer shall give notice of all elections in accordance with the requirements of the city charter. [Ord. 267 § 22, 1985.]

2.05.230 Information to county clerk.

When a measure is to be voted on at an election, the city elections officer shall furnish a certified copy of the ballot title and the number of each measure to be voted on to the Linn County clerk in accordance with the time limits established by state law. [Ord. 267 § 23, 1985.]

2.05.240 Election returns.

The votes on a measure shall be counted, canvassed and returned by the county clerk as provided by state law. [Ord. 267 § 24, 1985.]

2.05.250 Proclamation of election results.

(1) Immediately after completion of the canvass of the votes on a measure, the mayor shall issue a proclamation:

(a) Stating the vote on the measure;

(b) Declaring whether the vote shows a majority to be in favor of it; and

(2) 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 a copy at City Hall.

(3) The proclamation shall be filed with the measure. [Ord. 267 § 25, 1985.]

2.05.260 Effective date of measures.

A measure submitted to the electors shall take effect when approved by a majority of the electors voting on it, unless it specifies a later effective date. A measure shall have no effect while it is subject to the referendum. [Ord. 267 § 26, 1985.]

2.05.270 Conflicting measures.

When conflicting measures are approved by the electors at an election, the one receiving the greater number of affirmative votes shall be paramount. [Ord. 267 § 27, 1985.]

2.05.280 Unlawful acts.

(1) No person other than a registered elector shall sign a petition.

(2) No person shall sign a petition with a name not his or her own.

(3) No person shall knowingly sign a petition more than once.

(4) No person shall knowingly circulate, file or attempt to file with the elections officer a petition that contains a signature signed in violation of this chapter.

(5) No person shall procure or attempt to procure a signature on a petition by fraud.

(6) No person shall knowingly make a false statement concerning a petition.

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

(8) No officer shall wilfully violate a provision of this chapter. [Ord. 267 § 28, 1985.]

2.05.290 Penalties.

Violation of a provision of HMC 2.05.280 is punishable by fine not to exceed $500.00. [Ord. 267 § 29, 1985.]