The voters of the city may propose any ordinance and may adopt
or reject the same at the polls, such power being known as the initiative.
Any initiated ordinance may be submitted to the council by a petition
signed by 20% of the registered voters of the city.
The voters shall also have the power of referendum which is
the power to approve or reject at the polls any ordinance passed by
the council, against which a referendum petition has been filed as
herein provided. No ordinance passed by the council, except when otherwise
required by general law, shall take effect before 15 days from the
date of its final passage and its approval by the mayor where such
approval is required. If within 15 days after such final passage and
approval a petition protesting against the passage of such ordinance
shall be filed with the city clerk and if the petition shall be signed
by 20% of the registered voters, the ordinance shall be suspended
from taking effect until proceedings are had as herein provided.
All petition papers circulated for the purposes of an initiative
or referendum shall be uniform in size and style. Initiative petition
papers shall contain the full text of the proposed ordinance. The
signatures to initiative or referendum petitions need not all be appended
to one paper, but to each separate petition there shall be attached
a statement of the circulator thereof as provided by this section.
Each signer of any such petition paper shall sign his name in ink
or indelible pencil and shall indicate after his name his place of
residence by street and number, or other description sufficient to
identify the place. There shall appear on each petition paper the
names and address of 5 voters, designated as the committee of the
petitioners, who shall be regarded as responsible for the circulation
and filing of the petition and for its possible withdrawal as hereinafter
provided. Attached to each separate petition paper there shall be
an affidavit of the circulator thereof that he, and he only, personally
circulated the foregoing paper, that all the signatures appended thereto
were made in his presence, and that he believes them to be the genuine
signatures of the persons whose names they purport to be.
All petition papers comprising an initiative or referendum petition
shall be assembled and filed with the city clerk as one instrument.
Within 20 days after a petition is filed, the clerk shall determine
whether each paper of the petition has a proper statement of the circulator
and whether the petition is signed by a sufficient number of qualified
voters. After completing his examination of the petition, the clerk
shall certify the result thereof to the council at its next regular
meeting. If he shall certify that the petition is insufficient he
shall set forth in his certificate the particulars in which it is
defective and shall at once notify at least 2 members of the committee
of the petitioners of his findings.
An initiative or referendum petition may be amended at any time
within 10 days after the notification of insufficiency has been served
by the city clerk, by filing a supplementary petition upon additional
papers signed and filed as provided in case of an original petition.
The clerk shall, within 5 days after such an amendment is filed, examine
the amended petition and, if the petition be still insufficient, he
shall file his certificate to that effect in his office and notify
the committee of the petitioners of his findings and no further action
shall be had on such insufficient petition. The finding of the insufficiency
of a petition shall not prejudice the filing of a new petition for
the same purpose.
Upon the filing of a referendum petition with the city clerk,
the ordinance shall be suspended until 10 days following a finding
by the clerk that the petition is insufficient or, if amended petition
be filed, until 5 days thereafter; or, if the petition or amended
petition be found to be sufficient, until it be withdrawn by the committee
of the petitioners or until repeal of the ordinance by vote of the
council or approval or disapproval of the ordinance by the voters.
Upon a finding by the city clerk that any petition or amended
petition filed with him in accordance with this article is sufficient,
the clerk shall submit the same to the council without delay. An initiative
ordinance so submitted shall be deemed to have had first reading and
provision shall be made for a public hearing.
If within 60 days of the submission of a certified petition
by the city clerk the council shall fail to pass an ordinance requested
by an initiative petition in substantially the form requested or to
repeal an ordinance as requested by a referendum petition, the clerk
shall submit the ordinance to the voters unless, within 10 days after
final adverse action by the council or after the expiration of the
time allowed for such action, as the case may be, a paper signed by
at least 4 of the 5 members of the committee of the petitioners shall
be filed with the city clerk requesting that the petition be withdrawn.
Upon the filing of such a request, the original petition shall cease
to have any force or effect.
Any ordinance to be voted on by the voters in accordance with section
6.2 or section
6.8 of this article shall be submitted at the next general election occurring not less than 60 days after the date of final action by council or the expiration of the time allowed for action by council in section
6.8 of this article, as the case may be, provided that if no election is to be held within 90 days, the council may in its discretion provide for a special election.
Any number of proposed ordinances may be voted upon at the same
election in accordance with the provisions of this article, but there
shall not be more than one special election in any period of 6 months
for such purpose.
Whenever an ordinance is to be submitted to the voters of the
city at any election in accordance with this article, the clerk shall
cause the ordinance to be published in at least one of the newspapers
published or circulated in the city. The publication shall be not
more than 20 nor less than 10 days before the submission of the ordinance
or proposition to be voted on.
The ballots to be used at such election shall be in substantially
the following form:
"To vote upon the public question printed below, if in favor
thereof mark a cross (X) or plus (+) or check (✓) in the square
at the left of the word Yes, and if opposed thereto mark a cross (X)
or plus (+) or a check (✓) in the square to the left of the
word No."
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Yes
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"Shall the ordinance (indicate whether submitted by council
or initiative or referendum petition) providing for (here state nature
of proposed ordinance or proposition) be adopted?"
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No
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If a majority of the qualified electors voting on the proposed
ordinance shall vote in favor thereof, such ordinance shall thereupon
become a valid and binding ordinance of the city and be published
as in the case of other ordinances. If the provisions of 2 or more
measures approved or adopted at the same election conflict, then the
measure receiving the greatest affirmative vote shall control.
Any elective officer shall be subject to removal from office
for cause connected with his office, after he has served at least
1 year, upon the filing of a recall petition and the affirmative vote
of a majority of those voting on the question of removal at any general
or special election.
A recall petition shall demand the removal of a designated incumbent,
shall be signed by qualified voters equal in number to at least 25
percent of the registered voters of the city or ward, as the case
may be, and shall be filed with the city clerk. It shall set forth
a statement of the case upon which the removal is sought.
The signatures to a recall petition need not all be appended
to one paper but each signer shall add to his signature his place
of residence giving the street and number or other sufficient designation
if there shall be no street and number. One of the signers to each
such paper shall take an oath before an officer competent to administer
oaths that the statement therein made is true as he believes and that
each signature to the paper appended is the genuine signature of the
person whose name it purports to be. Within 10 days from the date
of filing the petition the city clerk shall complete its examination
and ascertain whether or not such petition is signed by the requisite
number of qualified voters, and shall attach to the petition his certificate
showing the result of his examination. If by that certificate the
petition is shown to be insufficient it may be amended within 10 days
from the date of said certificate. The city clerk shall, within 5
days after such amendment, make a similar examination and determination
of the amended petition, and if the certificate shall show the same
to be insufficient, it shall be returned to the person filing it without
prejudice to the filing of a new petition to the same effect.
If the petition shall be sufficient the city clerk shall within
2 days notify the mayor, councilman or councilmen whose recall is
sought thereby. If such notice cannot be served personally upon the
mayor, councilman or councilmen affected, service may be made by registered
mail addressed to the officer's last known address. If within
5 days after the service of the notice by the clerk the mayor, councilman
or councilmen sought to be recalled by such petition do not resign,
or a tendered resignation shall not have been accepted by the council,
the clerk shall order and fix a date for holding a recall election
not less than 60 nor more than 90 days from the filing of the petition.
Notice of the filing of the petition and of the date of the election
shall be posted for public view in the office of the city clerk and
he shall also insert the notice forthwith in a newspaper published
in the city, or if there be no such newspaper, then in a newspaper
having general circulation in the city.
The ballots at the recall election shall conform to the requirements
respecting the election of officers in municipalities, as provided
in Title 19 of the Revised Statutes (Elections), except that the words
"recall election" shall appear on the ballot. The recall features
of the ballot shall appear at the top thereof and shall be separated
from the portion of the ballot for the election of officers by a heavy
black line. The proposal for recall shall be placed on the ballot
in the following manner:
"Shall _______________________________(here insert name of incumbent)
be removed from office by recall?"
This matter shall occupy 2 lines in bold-face type. Immediately
below the above wording shall appear the phrase "for recall" and immediately
underneath such phrase the words "against recall." Immediately at
the left of each of these 2 phrases shall be printed a square, in
which the voter may make a cross (X) or plus (+) or a check (✓)
mark. Immediately below the foregoing shall appear the following:
"Indicate your vote by placing a cross (X) or plus (+) or a
check (✓) mark in one of the squares above."
If the removal of more than one officer is sought the same provisions
for submitting to the electors the question and direction hereinbefore
described shall be repeated in the case of each officer concerned
and their position on the ballot for their recall shall be in the
order of the filing of the petition with the city clerk.
If an incumbent is recalled, there shall be a vacancy in the
office which shall be filled in the same manner as vacancies resulting
from other causes; and the elected successor shall serve for the remainder
of the unexpired term.
The provisions of Title 19 of the Revised Statutes (Elections),
concerning the nomination of municipal officers, preparation of the
ballot, election of municipal officers, counting and canvassing of
the results of the election of such officers, shall apply to the election
for the recall of officers and the election of their successors.
The city clerk shall cause to be made due publication of notices
of arrangements for holding all recall elections and they shall be
conducted as are other elections for municipal officers in the city.
(a) If a majority of votes in connection with the recall of any officer
be in favor of the recall, the term of office of such officer shall
terminate, upon the certification of the results of election by the
city clerk.
(b) If the results of such recall election shall, by the certificate
of the city clerk, be shown to be against the recall of the officer,
he shall continue in office as if no recall election had been held.