The purpose of this chapter is to enact procedures to be followed when citizens file initiative petitions pursuant to § C419:23(a), Citizens Binding Initiative, and § C419:23(b), Citizens Nonbinding Initiative, of the City Charter. This chapter shall not apply to the amendment or revision of the City Charter, which shall be done in compliance with the provisions of RSA Chapter
49-B (Home Rule Municipal Charters).
These regulations are adopted pursuant to the authority vested in City
Councils under the police power and under the provisions set forth in RSA
44:3, which permit the City Council to administer the prudential and municipal
affairs of the city.
Prior to filing any initiative petition, an application must be filed
by at least five citizens who are registered voters in the city requesting
that they constitute a Petitioners' Committee.
A. No less than five citizens may serve on the Petitioners'
Committee, but more than five may serve upon request.
B. Members of the Petitioners' Committee shall sign an affidavit
certifying that they are qualified voters in the City of Lebanon, that they
have read and understand the instructions furnished by the City Clerk for
circulating initiative petitions and agree to abide by these instructions,
and that they will circulate and obtain signatures on the petitions of only
registered voters within the city. In addition, the affidavit shall include
the name and address of the Chairperson of the Petitioners' Committee to whom
all notices to the Committee shall be sent.
C. Applications requesting the establishment of a Petitioners'
Committee for the purpose of filing an initiative petition may be filed only
between September 1 and October 31 of any year for the municipal election
to be held on the second Tuesday of March of the following year.
In addition to the application and affidavit, before a Petitioners'
Committee application can be accepted, the Committee must file with the City
Clerk a sample question which it proposes to become the subject of the initiative
procedure.
A. Explanation of question. The sample question shall include
a brief statement of explanation as to what is the effect of the question.
The brief statement explanation or a synopsis thereof shall appear along with
the question on the ballot.
B. Legal review. The City Clerk shall within two working
days of receiving the sample question and explanation submit both to the Attorney
for the city for review and comment with regard to whether or not the sample
question and explanation are sufficiently clear and are in the appropriate
form.
(1) The legal review shall be in writing and delivered to
the Clerk within 10 working days.
(2) The Clerk shall within two working days thereafter provide
a copy of the legal comments to the Petitioners' Committee.
(3) The Petitioners' Committee will have the option of accepting
or declining the recommendations and suggestions of the Attorney for the city,
but must indicate in writing to the Clerk its decision within two working
days.
C. Minor textual changes. After the filing of the question,
the substantive language of the question will not be changed except upon a
petition for a new Petitioners' Committee being filed. Notwithstanding, the
City Clerk may make such minor textual changes to the question as may be required
to clarify the question, provided that the Petitioners' Committee first has
an opportunity to review and accept the proposed textual change.
The petition forms shall be prepared by the City Clerk and returned
to the Petitioners' Committee within five working days of the date on which
the Clerk receives written notification from the Petitioners' Committee as
to whether it has accepted or declined the written recommendations of the
Attorney for the city. The petitions shall bear a number in the upper right-hand
section. Each petition given out shall be numbered consecutively. Each member
of the Petitioners' Committee shall be responsible for the numbered petitions
which they are given. All persons signing the petition shall give their address
and ward. Failure to provide this information may result in a signature on
the petition being disqualified.
All initiative petitions, including those not used, shall be filed with
the City Clerk not later than December 21 of any year for a question which
is to appear on the ballot at the annual municipal election held on the second
Tuesday of March of the following year.
If the City Council decides not to pass the initiative, or decides to
pass the initiative but with substantive alterations, or takes no action whatsoever,
then the City Council shall cause the original certified initiative petition
question and the brief explanation or synopsis to be placed on the ballot
at the next municipal election.
If a majority of the qualified voters voting on any proposed question
shall vote in favor thereof, the amendment by initiative shall become effective
on the first day of the succeeding municipal year.