Item C: City of Eugene Elections Code Revision

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present and voting at a council meeting. The initiative petition and the ballot measure for a protected ordinance must state that it is proposed as a protected ordinance and must explain the limitations on its repeal or amendment. Referendum petition. A petition by one or more qualified electors to refer legislation adopted by the council to the voters for their approval or rejection at an election.] [Comment: The definitions were moved to section 2.961 because the definitions apply to the entire elections code and not just the provisions governing initiative and referendum measures. The first few sentences of EC 2.970 were repealed because by requiring that city initiatives and referenda be conducted only in accordance with the Code, the provision created gaps in the law in areas where the Code did not apply. The text inserted in new section 2.961 provides that the Code and Charter control city initiatives and referenda, but also provides that where the Code and Charter do not speak to an issue, state law will fill that gap.] 2.971 Elections - Initiative and Referendum, Manner of Initiating or Referring Legislation. (1) [Electors] Any elector may initiate proposed legislation by [filing with] submitting [the city recorder] a completed initiative petition proposing the legislation [and requesting it be submitted to the electors of the city] to the city recorder. (2) [Electors] Any elector may refer council legislation to the electors by [filing] submitting a completed referendum petition [with] to the city recorder prior to the effective date of the legislation[, requesting that the legislation be submitted to the electors]. (3) The council may order submission of proposed or adopted legislation to the electors. (4) An ordinance [passed] for which a prospective referendum petition has been submitted to the city recorder [by the council and referred by the electors under section 2.981 of this code, shall] does not take effect during the period of signature collection and signature verification, and if petitioners collect the number of elector signatures required under section 2.972 of this code, the ordinance shall not take effect except as provided in section [2.986] 2.987 of this code. [Comment: The new language in subsection (4) of this section was added to clarify that referred legislation does not take effect during the period of signature verification. This clarification echoes an opinion by the Attorney General that referred legislation may not take effect during the period of signature verification.] 2.972 Elections - Initiative and Referendum, Requisite Number of Signatures. Proposed Revisions to Election Code with Commentary - Page 7 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309)