(a)
Initiative. The qualified voters of the Town of Smithfield shall
have power to propose Ordinances to the Town Council and, if the Council
fails to adopt an Ordinance so proposed without any change in substance,
to adopt or reject it at a Town 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 Town officers
and employees, or zoning.
(b)
Referendum. The qualified voters of the Town of Smithfield 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 a Town election, but 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 or
zoning.
[Amended 11-4-2008]
Any five (5) qualified voters may commence initiative or referendum
proceedings by filing with the Town Clerk an affidavit stating they
will constitute the petitioners' committee and be responsible
for circulating the petition and filing in it 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. Any such petition issued by the Clerk
shall be filed with the Clerk within ninety (90) days of issuance.
[Amended 11-4-2008]
(a)
Number of Signatures. Initiative and Referendum Petitions must be
signed by qualified Town voters equal in number to at least ten percent
(10%) of the total number of voters registered to vote at the last
regular election.
(b)
Form and Content. All papers of a petition shall be uniform in size
and style and shall be assembled as one (1) instrument for filing.
Each signature shall be executed in ink or indelible pencil and shall
be followed by the printed name and 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 person circulating it
stating the number of signatures thereon and affirming that he/she
personally circulated the paper, that all the signatures were affixed
in the presence of the circulator, that he/she 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.
(a)
Certificate of Clerk, Amendment. The Town Clerk shall forthwith refer the filed petition to the Board of Canvassers which shall within twenty (20) days prepare a certificate as to its sufficiency, specifying, if it is sufficient and specifying if 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 the 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 § C-8.03. Within five (5) days after it is filed, the Board of Canvassers 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 within the time required, the Board of Canvassers shall promptly present a certificate to the Council which shall then be the final determination as to the sufficiency of the petition.
Notwithstanding the above, every such signature shall be accepted
as valid if it can be reasonably identified to be the signature of
the voter it purports to be; and provided, further, that variation
of the voter's signature by the insertion or omission of identifying
titles or by the substitution of initials for the first or middle
names or both shall not in itself be grounds for invalidation of such
signature. Any voter who is unable to write may sign by making his/her
mark (X) on the petition in the presence of two (2) witnesses who
shall subscribe their names on the paper as witnesses to the signing.
(b)
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) days after receiving the copy of
such certificate, file a request that it be reviewed by the Town 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 as to the sufficiency
of the petition.
(c)
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 upon court review, shall not prejudice
the filing of a new petition for the same purpose.
When a Referendum Petition is filed pertaining to an Ordinance
that has not taken effect, 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,
or
(2)
The petitioners' committee withdraws the petition, or
(3)
The Council repeals the Ordinance, or
(4)
Upon certification of the election results.
However, Ordinances which are in existence and in effect shall
not be suspended until the Town Council either repeals the Ordinance
or until after the Referendum Petition has been approved by a majority
of voters voting on the petition and the election results certified.
(a)
Action by Town 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 in 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 60 (sixty) days or fails to repeal the referred Ordinance within 30 (thirty) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred Ordinance to the voters of the Town.
(b)
Submission to Voters. The vote of the Town on a proposed or referred
Ordinance shall be held not less than 30 (thirty) days and not more
than one (1) year from the date of the final council vote thereon.
If no regular Town election is to be held within the period prescribed
in this subsection, the Council shall provide for a special election,
except that the council 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 and Town Hall.
(c)
Withdrawal of Petitions. An Initiative and Referendum Petition may
be withdrawn at any time prior to the fifteenth (15th) day preceding
the day scheduled for a vote on the Town by filing with the Town Clerk
a request for withdrawal signed by at least four (4) members 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.
(a)
Initiative. If a majority of the qualified voters 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 Town 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.
(b)
Referendum. If a majority of the qualified voters voting on a referred
Ordinance vote against it, it shall be considered repealed upon certification
of the election results.
