Item C: City of Eugene Elections Code Revision

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copy of the ballot title to the chief petitioners. (2) Within five business days following the council's decision to submit legislation to the electors under subsection [(3) of section] 2.971(3) of this code, the city attorney shall prepare a ballot title and deliver it to the city recorder. (3) The ballot title of any measure to be initiated or referred shall comply with the state statutes in effect at the time the ballot title is prepared. The ballot title shall not resemble, to the extent it creates confusion, any ballot title previously [filed] prepared for a measure to be submitted to the electors at [that] the same election. (4) Upon receiving a ballot title for a city measure from the city attorney, the city recorder shall publish in the next available edition of a newspaper of general circulation in the city a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in subsection (5) of this section. ([4]) 5 An elector dissatisfied with the ballot title may, within [five] seven business days after it is delivered to the city recorder, [deposit at the office of the city recorder a written appeal to the council requesting a different ballot title for the measure and stating why the title prepared by the city attorney is unsatisfactory. Within ten business days after the ballot title is delivered to the city recorder, the council shall afford the appellant a hearing and either approve the ballot title or prescribe another ballot title for the measure] petition the Lane County Circuit Court seeking a different ballot title and stating the reasons that the title prepared by the city attorney is insufficient, not concise or unfair. The petition shall name the city attorney as respondent. The court shall review the ballot title and measure to be initiated or referred, hear arguments, if any, and certify to the city recorder a ballot title for the measure which meets the requirements of state statutes in effect at the time the ballot title is prepared. [The title thus adopted shall be the ballot title for the measure.] [Comment: The changes in the ballot title challenge process contained in section 2.977(5) were made in order to comply with the Secretary of State’s directive to county elections officials not to accept city council referred measures that have not complied with the ballot title challenge process outlined in state law. County elections officials will accept initiative and referendum petitions that comply with the ballot title challenge process as provided in the Code, but rather than use two separate processes, one for council referrals and the other for initiative and referendum petitions, in the interests of uniformity and ease of administration, staff suggests that council adopt the state ballot title challenge process for all city measures. The proposed changes also ensure petitioners are aware of the contents of the ballot title for their petition and that the public is informed about initiative and referendum petitions by requiring that the Proposed Revisions to Election Code with Commentary - Page 12 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309)