Item 5: Ordinance Concerning Initiative and Referendum Procedures

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Initiative and Referendum Procedures; and Amending Sections 2.972 and 2.981 of the Eugene Code, 1971 Meeting Date: September 10, 2007 Agenda Item Number: 5 Department: City Attorney Staff Contact: Glenn Klein www.eugene-or.gov Contact Telephone Number: 682-5080 ISSUE STATEMENT The purpose of this public hearing is to consider an ordinance amending Section 2.972 of the Eugene Code, 1971 (“EC”) to clarify the number of signatures required to place an initiative or referendum petition on the ballot; and amending EC 2.981(2)(b) to authorize the council to refer measures to a later election date as well as an earlier date. BACKGROUND In determining the number of signatures required to place an initiative or referendum petition on the ballot, the City has historically interpreted the phrase “the number of votes cast for all candidates for mayor” in EC 2.972 to include write-in votes. The Lane County Circuit Court recently declared that individuals receiving write-in votes do not quality as “candidates,” under EC 2.972, and therefore, the City Recorder cannot include write-in votes in her calculation of the requisite number of signatures. The proposed amendment amends EC 2.972 by substituting the phrase “the office of” for the phrase “all candidates for,” to clarify that in computing the number of signatures required, all votes cast for the office of mayor, including write-in votes, will be counted. EC 2.981(2)(b) currently requires that an election on legislation referred to the voters of the City by a th referendum petition generally shall be held on the next available election date (not sooner than the 90 day after certification and acceptance of the petition). That date could be a special election with nothing else on the ballot, which would mean that the City would bear the full cost of the election. The proposed amendment would allow the Council the option of referring the measure to a later election date (presumably when the cost to the City would be less due to other measures also being on the ballot). RELATED CITY POLICIES Not applicable. COUNCIL OPTIONS None; this is a public hearing only. Action is tentatively scheduled for September 24, 2007. F:\CMO\2007 Council Agendas\M070910\S0709105.doc