(a)
Initiative. The qualified voters of the township shall have power
to propose ordinances to the board of supervisors and, if the board
of supervisors fails to adopt an ordinance so proposed without any
change in substance, to adopt or reject it at a township election,
provided that 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 township officers or employees.
(b)
Referendum. The qualified voters of the township shall have power
to require reconsideration by the board of supervisors of any adopted
ordinance and, if the board of supervisors fails to repeal an ordinance
so reconsidered, to approve or reject it at a township election, provided
that such power shall not extend to the budget or capital program
or any emergency ordinance or ordinance relating to appropriation
of money or levy of taxes.
Any five (5) qualified voters may commence initiative or referendum
proceedings by filing with the township 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.
Promptly after the affidavit of the petitioners' committee
is filed the Clerk shall issue the appropriate petition blanks to
the petitioners' committee.
(a)
Number of Signatures. Initiative and referendum petitions must be
signed by qualified voters of the township equal in number to at least
fifteen percent (15%) of the total number of qualified voters registered
to vote at the last regular township election.
(b)
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. Petitions shall contain
or have attached thereto throughout their circulation the full text
of the ordinance proposed or sought to be reconsidered.
(c)
Affidavit of Circulator. Each paper of a petition shall have attached
to it when filed an affidavit executed by the circulator thereof stating
that he personally circulated the paper, the number of signatures
thereon, that all the signatures were affixed in his presence, that
he believes them to be the genuine signatures of the persons whose
names they purport to be, and that each signer had an opportunity
before signing to read the full text of the ordinance proposed or
sought to be reconsidered.
(d)
Time for Filing Referendum Petitions. Referendum petitions must be
filed within thirty (30) days after adoption by the board of supervisors
of the ordinance sought to be reconsidered.
(a)
Certificate of Clerk; Amendment. Within twenty (20) days after the petition is filed, the township 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) days after receiving the copy of his 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 subsections (b) and (c) of section 903, and within five (5) 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 insufficient and the petitioners' committee does not elect to amend or request board of supervisors' review under subsection (b) of this section within the time required, the Clerk shall promptly present his certificate to the board of supervisors and the certificate shall then be a final determination as to the sufficiency of the petition.
(b)
Board of Supervisors' 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) days after receiving
the copy of such certificate, file a request that it be reviewed by
the board of supervisors. The board of supervisors shall review the
certificate at its next meeting following the filing of such request
and approve or disapprove it, and the board of supervisors' determination
shall then be a final determination as to the sufficiency of the petition.
(c)
Court Review; New Petition. A final determination as to the insufficiency
of a petition shall be subject to court review. A final determination
of insufficiency, even if sustained upon court review, shall not prejudice
the filing of a new petition for the same purpose.
When a referendum petition is filed with the township clerk,
the ordinance sought to be reconsidered shall be suspended from taking
effect. Such suspension shall terminate when:
(a)
Action by Council. When an initiative or referendum petition has been finally determined sufficient, the board of supervisors shall promptly consider the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the board of supervisors fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days, or fails to repeal the referred ordinance with 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 township.
(b)
Submission to Voters. The vote of the township on a proposed or referred
ordinance shall be held not less than thirty (30) days and not later
than one year from the date of the final board of supervisors'
vote thereon. If no regular township election is to be held within
the period prescribed in this subsection, the board of supervisors
shall provide for a special election; otherwise, the vote shall be
held at the same time as such regular election, except that the board
of supervisors may in its discretion provide for a special election
at an earlier date within the prescribed period. Copies of the proposed
or referred ordinance shall be made available at the polls.
(c)
Withdrawal of Petitions. An initiative or referendum petition may
be withdrawn at any time prior to the fifteenth day preceding the
day scheduled for a vote of the township by filing with the township
clerk a request for withdrawal signed by at least four members of
the petitioners' committee. Upon the filing of such request the
petition shall have no further force of effect and all proceedings
thereon shall be terminated.
(a)
Initiative. If a majority of the qualified electors voting on a proposed
initiative ordinance vote 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 board of supervisors. 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.
(b)
Referendum. If a majority of the qualified electors voting on a referred
ordinance vote against it, it shall be considered repealed upon certification
of the election results.
