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<br />e <br /> <br />Mr. Sercombe said it is his oplnlon that the law does permit an advisory <br />vote on the issue. However, he said he has been discussing potential <br />legal objections to an advisory vote raised by the Lane County Elections <br />Office and the Secretary of State's office. He said the legal problem <br />stems from not including the advisory vote as a measure on the ballot. <br />Even if an advisory vote is not permitted, he said the City of Eugene has <br />the ultimate "home rule prerogative" to structure an election as it <br />chooses. <br /> <br />Mr. Sercombe summarized that 1) the council can legally ask voters to <br />choose on an advisory basis one ordinance over the other; 2) it will take <br />some time for him to work through the legal technicalities; and 3) the <br />issue also involves the council's home rule powers. He said a council <br />decision to have three choices on the ballot will present a mechanical <br />problem to the Lane County elections department. <br /> <br />Mr. Miller asked if it is possible to ask voters whether they want any <br />type of nuclear free zone ordinance. Ms. Wooten asked about the extent of <br />the home rule charter with regard to the advisory or nonadvisory vote. <br /> <br />Mr. Sercombe said preliminary research has shown the State may be able to <br />dictate the form of a ballot as part of its powers to protect voters. An <br />advisory vote does not involve ballot titles and voter protection issues <br />and thus would not be subject to the same State laws. <br /> <br />e <br /> <br />Ms. Wooten asked that Mr. Sercombe pursue the issue of a "vote for oneil <br />question on the ballot. If that is only possible through an advisory <br />vote, she suggested the council make a public commitment to honor the <br />advisory vote prior to the election. <br /> <br />Mayor Obie said he would like Mr. Sercombe to complete his research and <br />submit a process explanation in the council's Friday packet. <br /> <br />Mr. Rutan asked what the council's objective is on the nuclear free zone <br />vote. <br /> <br />Mayor Obie said the council needs complete direction from the citizens <br />and the ballot should ask voters which ordinance, if any, they want. <br /> <br />Mr. Bennett questioned whether it is appropriate to ask if voters want to <br />repeal the nuclear free zone ordinance on the same ballot as the two <br />proposed versions. <br /> <br />Ms. Wooten said the question of whether there should be any nuclear free <br />zone was answered in November 1986 when voters approved the measure <br />declaring Eugene a nuclear free zone. She said this time the council is <br />asking for an adaptation of the law that will determine to what degree it <br />is enforced. <br /> <br />- <br /> <br />Mayor Obie said if people do not want a nuclear free zone they should <br />have the right to repeal the law. He said it would be improper for the <br />council to try to interpret the public's views on the issue. Ms. Wooten <br /> <br />MINUTES--Eugene City Council <br /> <br />January 20, 1988 <br /> <br />Page 2 <br />