Item C: City of Eugene Elections Code Revision

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have until the date the ordinance takes effect to submit the requisite number of signatures to refer the measure. Lane County Elections then has 15 days to verify the signatures. Assuming petitioners have collected enough valid signatures, current code requires that the election on the measure be held on the next available election date under state law not sooner than 90 days from the date the City Recorder certifies the referendum petition (on or about st October 1) unless the council calls an earlier special election. In this situation, current code defaults to a referendum election in March, and there are no statewide election dates available between December and the following March for the council to call an earlier special election. If the referendum petition goes to an election in March, the City will bear the full cost of that election and voter turnout in the election will likely be low. The proposed code amendments would allow the council to send the referred ordinance to the ballot on a later election date (in this case probably May) when the cost to the City would be less and voter turnout would almost certainly be higher. Council-Referred Measures The proposed changes to subsection (3) of EC 2.981 default an election on a council-referred measure to the next statewide primary or general election held not sooner than 90 days after the date that the council orders the legislation referred, unless the council calls an earlier election on the measure. In no event may the election on a referred measure be held less than 90 days from the date that the council orders the legislation referred. The proposed amendments to this subsection clarify that the council may not refer a measure to an election to be held less than 90 days from the date of referral. An earlier election date would not allow for enough time to complete the state law ballot title appeal process. Requirement to File with the City Recorder Five Days before Elections Filing Deadline EC 2.992 required that all measures be filed with the City Recorder five business days before the date set by state law for filing City measures with the county elections official. State statutes and other code provisions mandate that City measures be filed with county elections officials 61 days before an election and requires the opportunity for a ballot title appeal. If a referendum or council-referred measure was filed with the City Recorder five days before the deadline for filing measures with county officials, it would not allow enough time for a ballot title challenge, so the proposed amendments repeal this section. Word Limits for Additional Voters’ Pamphlet Arguments The proposed amendments to EC 2.994(1)(c) limit additional arguments submitted to the voters’ pamphlet (arguments in addition to the main arguments in favor of or in opposition to a measure and their respective rebuttals) to 325 words, which is the word limit imposed on candidate statements under the requirements of the current code. The proposed revisions attempt to take into account technological advances which, through reduced font size, could allow extremely long arguments to fit within the space limitations contained in current code and negatively impact readability of the argument. The proposed amendments attempt to ensure readability of arguments and citizens’ access to information while allowing interested parties space to make their arguments. Elections – Voting by Mail EC 2.1000 currently regulates the conduct of elections – both polling place elections and elections conducted by mail. State law clearly gives responsibility to conduct elections by mail to county elections officers, not City elections officers. All of the City Recorder’s responsibilities under current section 2.1000 actually belong to county elections officials by virtue of state law. Since all City elections are conducted by mail, and elections conducted by F:\CMO\2008 Council Agendas\M080211\S080211C.DOC