City of Easton, PA Elections

Grant of Powers.

Initiative.

The registered voters of the City shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed, without any change in substance, to adopt or reject it at an election, but such power shall not extend to the Budget or Capital Program or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees.

(2)

Citizen Referendum.

The registered voters of the City shall have power to require reconsideration, by the Council, of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at an election, but such power shall not extend to the Budget or Capital Program; any emergency ordinance; or ordinance relating to appropriation of money or levy of taxes, or setting the salaries of City officials or employees.

Commencement of Proceeding; Petitioners' Committee.

Any six (6) registered voters of the City may commence initiative or citizen referendum by filing, with the City Clerk, an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

Petitions.

(1)

Number of Signatures.

Initiative and citizen referendum petitions must be signed by registered voters of the City, equal in number to at least five percent (5%) of the total number of registered voters at the time of the last general election.

(2)

Form and Content.

All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil, and shall be followed by the address of the person signing. Initiative and citizen referendum petitions shall contain or have attached thereto, throughout the circulation, the full text of the ordinance proposed or sought to be reconsidered.

(3)

Affidavit of Circulator.

Each paper of a petition shall have attached to it, when filed, an affidavit executed by the person(s) circulating it, stating:

(a)

That he or she personally circulated the paper;

(b)

That the circulator is a registered voter of the City of Easton;

(c)

The number of signatures thereon;

(d)

That all the signatures were affixed in his or her presence;

(e)

That he or she believes them to be the genuine signatures of the persons whose names they purport to be; and

(f)

That each signer had an opportunity, before signing, to read the full text of the ordinance proposed or sought to be reconsidered.

(4)

Time for Filing Citizen Referendum Petitions.

Referendum petitions must be filed within thirty (30) days after adoption by the Council of the ordinance sought to be reconsidered.

Procedure After Filing.

(1)

Certificate of Clerk; Amendment.

Within twenty (20) days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective, and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within two (2) business days after receiving the copy of his or her certificate, and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of paragraphs (2) and (3) of § C-6.04C. Within five (5) business days after it is filed, the Clerk shall complete a certificate as to the sufficiency of the petition, as amended, and promptly send a copy of such certificate to the petitioners' committee by registered mail, as in the case of an original petition.

If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient, and the petitioners' committee does not elect to amend or request Council review under paragraph (2) of this subsection within the time required, the Clerk shall promptly present his or her certificate to the Council, and the certificate shall then be a final determination to the sufficiency of the petition.

(2)

Council Review.

If a petition has been certified insufficient, and the petitioners' committee does not file notice of intention to amend it, or if an amended petition has been certified insufficient, the Committee may, within two (2) business days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting, following the filing of such request, and approve or disapprove it, and the Council's determination shall then be a final determination by the City as to the sufficiency of the petition.

(3)

Court Review; New Petition.

A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained by court review, shall not prejudice the filing of a new petition for the same purpose.

Referendum Petitions; Suspension of Effect of Ordinance.

When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:

(1)

There is a final determination of insufficiency of the petition;

(2)

The petitioners' committee withdraws the petition;

(3)

The Council repeals the ordinance; or

(4)

Thirty (30) days have elapsed after a vote of the City on the ordinance.

Action on Petitions.

(1)

Action by Council.

When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner provided under Article II or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative ordinance, without any change in substance within sixty (60) days, or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City.

(2)

Submission to Voters of Proposed or Referred Ordinance.

The vote of the City on a proposed or referred ordinance shall be held at a primary or general election not less than the time required by the Northampton County Board of Elections and not later than nine (9) months from the date of the final Council vote thereon.

(3)

Withdrawal of Petitions.

An initiative or referendum may be withdrawn at any time prior to the time required by the Northampton County Board of Elections preceding the day scheduled for a vote of the City, by filing with the City Clerk a request for withdrawal signed by at least two-thirds (2/3) of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated.

Results of Election.

(1)

Initiative.

If the majority of the votes cast on a proposed initiative ordinance are in its favor, it shall be considered adopted upon certification of the election results and shall be treated, in all respects, in the same manner as ordinances of the same kind adopted by the Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

(2)

Referendum.

If a majority of the votes cast on a referred ordinance are against it, it shall be considered repealed upon certification of the election results.

	In November of 2007 the voters will consider the adoption of this Home Rule Charter and will elect at large a Mayor and three (3) members of City Council to serve for four-year terms. If this Charter is adopted by the voters, that Mayor and three (3) other Council Members will assume the position, powers, duties and responsibilities of the Mayor and members of Council, established under Articles II and III of this Charter, when they assume office on the first business day of January, 2008.
	As outlined in Article IX of the Charter, the two (2) members of Council whose term of office continues through 2009 will serve as members of Council during those years when the Council will be entirely comprised of members elected at large.
	At its initial meeting in 2008, held in accordance with § C-9.05(3), the Council shall fill the vacancy, which will exist for the seventh (7th) member of Council, for a two-year term as provided in § C-2.05C.