(A)
Before
circulating a petition proposing an initiative or referendum for city
legislation, the chief petitioners must file a prospective petition
with the Recorder. The Recorder will provide the form showing:
(1)
The
signatures, printed names and mailing addresses of at least 2 and
not more than 3 chief petitioners, all of whom must be city electors;
(2)
For
initiative petitions, the text of the city legislation proposed for
adoption, and, where applicable, the title, ordinance number, and
charter or code section numbers proposed for amendment, revision or
repeal;
(3)
For
referendum petitions, the text of the city legislation proposed for
referral, and where applicable, the title, ordinance number or code
section numbers of the city legislation proposed for referral; and
(4)
Whether
1 or more persons will be paid for obtaining signatures on the petition.
(B)
The
Recorder must date and time stamp any prospective petition filed.
(Ord. 710, passed 12-4-2006)
(A)
Prior
to the end of the 5th business day after a prospective initiative
petition is filed and meets all legal requirements, the Recorder will
review the text of the proposed initiative to determine if it complies
with the single subject requirement and if it proposes city legislation.
(B)
If the
proposed text does not meet the requirements of subdivision (A), the
Recorder will notify a chief petitioner by certified mail, return
receipt requested, that the prospective petition does not meet the
single subject or city legislation requirement.
(C)
Any
city elector dissatisfied with the Recorder's determination may file
a petition for review in Circuit Court. The petition for review must
be filed not later than the 7th business day after the written determination
by the Recorder.
(D)
If the
proposed initiative meets the requirements of subdivision (A) or a
referendum petition is certified for circulation, the Recorder will
send 2 copies of the prospective petition to the City Attorney. The
City Attorney has 5 business days after receipt to prepare a ballot
title for the proposed measure for the voter's pamphlet. The ballot
title must conform to the requirements of state law. The City Attorney
or the city administrator will prepare an explanatory statement for
the voter's pamphlet.
(1)
The
explanatory statement must consist of an impartial, simple and understandable
statement of not more than 500 words explaining the measure and its
effect.
(2)
After
preparing the ballot title, the City Attorney will return 1 copy of
the prospective petition and ballot title to the Recorder and 1 copy
to 1 of the chief petitioners.
(E)
After
receiving a ballot title from the City Attorney, the Recorder must
publish in a newspaper of general circulation in the city a notice
of receipt of the ballot title. The notice must state that a city
elector may file a petition for review of the ballot title not later
than the date referred to in subdivision (F).
(F)
After
receiving the prospective petition, ballot title from the City Attorney,
the Recorder must write the date of receipt on it. Within 7 business
days after that date, any city elector may petition in Circuit Court
to challenge the ballot title prepared by the City Attorney. After
the 7-day period, or following the final adjudication of any legal
review, the Recorder must certify the ballot title as prepared by
the City Attorney or as prescribed by the Court to a chief petitioner.
(G)
Any
city elector filing a petition of review with the Circuit Court must
file a copy of the challenge with the Recorder not later than the
end of the business day next following the date the petition is filed
with the Circuit Court. This requirement does not invalidate a petition
that is timely filed with the Circuit Court.
(H)
The procedures in subdivisions (A) through (G) also apply to referendum measures. However, the completion of these procedures is not a prerequisite to the circulation of petitions for referendum measures under § 23.03. Ballot titles need not be stated on petitions circulated to propose referendum measures.
(Ord. 710, passed 12-4-2006)
(A)
After the requirements of § 23.01(C) are met for referendum petitions and after the requirements of § 23.02(F) are met for initiative petitions, the chief petitioners may circulate a petition for the measure among city electors. The petition (cover sheet and signature sheet) must conform to the requirements of state law.
(B)
The
petition identification number will be assigned by the Recorder.
(C)
Each
signature sheet of a referendum petition must contain the title, ordinance
number or code section numbers of the city legislation proposed by
referral and the date it was adopted by the Council.
(D)
No signature
sheet may be circulated by more than 1 person. Each signature sheet
must contain a statement signed by the circulator that each elector
who signed the sheet did so in the circulator's presence, and, to
the best of the circulator's knowledge, each such elector is a legal
elector of the city and that the information placed on the sheet by
each elector is correct.
(Ord. 710, passed 12-4-2006)
(A)
The
Recorder will accept for signature verification only petitions that
comply with the requirements of this chapter and other applicable
law.
(B)
No petition
may be accepted for filing unless it contains at least the required
number of verified signatures to submit the measure to the electors,
as prescribed by subdivisions (G), (H) or (I).
(C)
No initiative petition may be accepted for signature verification more than 6 months after the date of the Recorder's certification under § 23.02(F).
(D)
Any
petition to refer legislation adopted by the Council must be submitted
for signature verification not more than 30 days after the Council's
adoption of the legislation.
(E)
An initiative
or referendum petition may not be accepted for signature verification
if it contains less than 100 percent of the required number of signatures.
(F)
Upon
the acceptance of a petition, the Recorder must verify the signatures.
The verification may be performed by random sampling in a manner approved
by the Secretary of State. Within 30 days after the Recorder's acceptance
of a petition, the recorder must certify to the Council whether the
petition contains a sufficient number of qualified signatures to require
the submission of the proposed measure to city electors. The Recorder
must state in the certificate the number of qualified signatures prescribed
by subdivisions (G), (H) or (I) to require the proposed city legislation
to be submitted to city electors. The petition is considered filed
as of the date of the Recorder's certification.
(G)
An initiative
measure proposing the amendment, revision or repeal of the City Charter
will be submitted to the electors if the number of qualified signatures
on the petition equals or exceeds 10% of the total number of registered
voters in the city on January 1st of the calendar year the petition
is filed.
(H)
An initiative
measure proposing the adoption, amendment or repeal of any other city
legislation will be submitted to the electors if the number of qualified
signatures on the petition equals or exceeds 15% of the total number
of registered voters in the city on January 1st of the calendar year
the petition is filed.
(I)
A referendum
measure will be submitted to the electors if the number of qualified
signatures on the petition equals or exceeds 10% of the total number
of registered voters in the city on January 1st of the calendar year
the petition is filed.
(Ord. 710, passed 12-4-2006)
(A)
The
Council may directly refer to the electors any ordinance or any proposed
ordinance, property tax, bond or other proposition or question. It
may also directly refer to the electors any proposed amendment, revision
or the repeal of the City Charter.
(B)
The
City Attorney will prepare a ballot title that conforms to the requirements
of state law. The Council will certify and file the ballot title and
explanatory statement with the Recorder. The explanatory statement
will be prepared by the City Attorney or the City Administrator
(C)
The
Recorder will publish in a newspaper of general circulation in the
city a notice of receipt of the ballot title including notice that
an elector may file a petition for review of the ballot title not
later than the date set in subdivision (D).
(D)
Any
city elector may petition the Circuit Court to challenge the ballot
title certified by the Council. Such petition must be filed with the
Circuit Court within 7 business days of council filing of the ballot
title. Any person filing a petition of review with the Circuit Court
must file a copy of the challenge with the Recorder not later than
the end of the business day next following the date the petition is
filed with the Circuit Court. This requirement does not invalidate
a petition that is timely filed with the Circuit Court.
(E)
A measure
will be considered filed under this section as of the date the Council
delivers its certified ballot title to the Recorder.
(Ord. 710, passed 12-4-2006)
(A)
The
chief petitioners may withdraw a verified petition at any time before
Council action to adopt the proposed legislation or submit it to the
electors. Any withdrawal must be either by written or oral declaration
made at a Council meeting and entered in the minutes of that meeting.
(B)
Unless a petition is withdrawn, after receiving a certification from the recorder that a petition has sufficient signatures to require the proposed city legislation to be submitted to the electors under § 23.04(F), the Council may either adopt the proposed legislation by ordinance, or call an election to submit the legislation to the electors. The Council may also call an election to submit matters to the electors upon referral under § 23.05.
(C)
The
Council must call the election on the next election date available
under state law that is not sooner than the 90th day after the date
of the Recorder's certificate of sufficient signatures. For a Council
referral, the election on the referendum of city legislation may be
held on the next election date available under state law.
(Ord. 710, passed 12-4-2006)
(A)
Notice
of elections on measures submitted to city electors on regular or
special election dates must be given in accordance with state law.
(B)
Measures
referred by the Council will be designated on the ballot: "Referred
to the Voters by the City Council."
(C)
Measures
proposed by referendum petition will be designated on the ballot:
"Referred by Petition."
(D)
Measures
proposed by initiative petition will be designated on the ballot:
"Proposed by Initiative Petition."
(E)
The
Recorder must certify the election results to the Council at the first
Council meeting after the results are certified by the County Clerk.
(F)
A measure
adopted by the electors takes effect 30 days after the election, unless
the measure expressly provides a different effective date.
(Ord. 710, passed 12-4-2006)
