Item C: City of Eugene Elections Code Revision

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repeal an ordinance referred by a referendum petition within 60 days after verification of signatures on the petition for the measure. The requirement that council act within 60 days of verification of signatures does not make sense in the context of election timelines. The proposed amendments to EC 2.980 attempt to relate the current code language to the relevant elections event, which is the date of the election itself, not the date of verification of signatures. The proposed amendments provide that the council should refrain from adopting an ordinance proposed by an initiative petition or repealing an ordinance referred by a referendum petition during the 61-day period prior to an election on the initiative or referendum measure. State law requires that the City Recorder submit City measures to the county elections official not later than 61 days before an election. Once the City measures have been submitted to the county elections official, they are effectively guaranteed to be on the ballot. If the council were to adopt an ordinance proposed by initiative petition or repeal an ordinance referred by a referendum petition, but the initiative or referendum measure remained on the ballot, elector confusion and legal complications (especially if the voters rejected a measure the council had adopted) could result. Election Timing EC 2.981 governs the time for voting on measures. Subsection (1) governs the time for voting on initiative measures, subsection (2) the time for voting on referendum measures, and subsection (3) the time for voting on council-referred measures. The proposed revisions governing the timing of elections on referendum and council-referred measures present a third set of policy choices to the council. Initiative Measures The amendments to subsection (1) of EC 2.981 do not affect the timing of elections on initiative measures. Subsection (1) continues to default elections on initiative measures to the same dates as statewide primary or general elections in order to keep the City’s costs to a minimum and maximize potential voter turnout. Subsection (1) also continues to provide the council with flexibility to call an earlier election if the council so chooses. (If the City holds an election on a date when the state is also conducting an election, the costs of that election are distributed proportionally between the various participating governments. The cost to the City of holding an election on a date when the state is not conducting an election is significantly higher because the City must bear the entire cost of the election if it is the only participating jurisdiction. Additionally, statewide elections tend to increase voter turnout.) Referendum Measures Subsection (2) of EC 2.981 currently requires that an election on a referendum measure be held on the next available election date under state law (March, May, September or November) that is not sooner than 90 days after the date the City Recorder certifies the measure to the ballot, unless the council calls an earlier election. (Under no circumstances may the council call an election earlier than 66 days after the date the City Recorder certifies the referendum measure to the ballot). However, the next available election date under state law may be a date when nothing else is on the ballot, which would mean that the City would bear the full cost of the election and voter turnout would probably be low. The proposed amendment to subsection (2) would allow, but not require the council to call a later election (e.g. a primary or general election). No matter what the date of the election, the referred ordinance would not take effect until and unless it is approved by the voters. Example : The council adopts an ordinance on August 15th. A prospective petition is filed with the City Recorder to refer the ordinance and signature gathering proceeds. Petitioners F:\CMO\2008 Council Agendas\M080211\S080211C.DOC