Item 6: Ordinance Revising Elections Code

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Concerning Elections’ Procedures; Amending Sections 2.960, 2.964, 2.965, 2.966, 2.968, 2.970, 2.971, 2.973, 2.977, 2.979, 2.980, 2.981, 2.993, 2.994, 2.996, 2.997, 2.1000 and 2.1990 of the Eugene Code, 1971; Adding Sections 2.961 and 2.975 to that Code; Amending Section 2.976 and Re-Numbering Section 2.976 to Section 2.974; Amending Section 2.990 and Re-Numbering Section 2.990 to Section 2.984; Amending Section 2.985 and Re-Numbering Section 2.985 to 2.986; Amending Section 2.986 and Re-Numbering Section 2.986 to 2.987; Amending Section 2.988 and Re-Numbering Section 2.988 to Section 2.989; Renumbering Section 2.984 to Section 2.985, Section 2.987 to 2.988; and Repealing Section 2.992 of that Code Meeting Date: March 10, 2008 Agenda Item Number: 6 Department: City Recorder’s Office Staff Contact: Mary Feldman www.eugene-or.gov Contact Telephone Number: 541/682-8353 ISSUE STATEMENT This is the time scheduled for action on revisions to the City of Eugene Elections Code. BACKGROUND The City’s Elections Code, EC 2.960 to 2.1005, sets out most of the rules that govern elections for Mayor, Council and Eugene Water & Electric Board as well as elections on initiative and referendum measures. Elections law consists of a mix of Eugene Code and Charter provisions, state statutes and state administrative rules. In some cases State law requires certain procedures, while in others the City has substantial leeway to adopt its own standards and procedures. The City Recorder has worked closely with the City Attorney’s office to generate proposed changes to the Elections Code. Most of the proposed changes are intended to clarify existing code provisions without changing their meaning. The sections pertaining to initiatives and referenda have been reordered so that the sequence tracks the process chronologically. Several of the proposed revisions make substantive changes that present substantial policy issues for the council to resolve. At a work session on February 11, 2008, the Council requested that staff bring back a series of motions to amend the proposed Elections Code. Those motions are attached to this AIS as Attachment C. Attachment B is a legislative version of the proposed revisions to the Elections Code. The highlighted sections are changes requested by the council. The council held a public hearing on the proposed changes on February 19. Only one member of the public spoke. He expressed concerns about the City Attorney’s role in determining legal F:\CMO\2008 Council Agendas\M080310\S0803106.DOC