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repeal an ordinance referred by a referendum petition shall occur no later <br />than 60 days after verification of signatures on the petition for the measure.] <br />(2) During the 61 day period prior to an election on an initiative or <br />referendum measure the council shall refrain from adopting an <br />ordinance proposed by an initiative petition or repealing an <br />ordinance referred by a referendum petition. <br /> <br />[Comment: The proposed revisions to section 2.980 attempt to relate the <br />current language to the relevant elections event, which is the date of the <br />election itself, not the date of verification of signatures on the petition. State <br />law requires the city recorder to submit city measures to the county elections <br />st <br />officer not later than the 61 day before an election. Once a measure is <br />submitted to the county elections officer, it is effectively guaranteed to be <br />printed on the ballot. If council were to adopt an ordinance proposed by an <br />initiative petition or repeal an ordinance referred by a referendum petition and <br />the initiative or referendum measure remained on the ballot, elector <br />confusion and potential legal problems (especially if council approved an <br />ordinance that the voters subsequently rejected) could result.] <br /> <br />2.981Elections - Initiative and Referendum, Voting on Measure <br /> . <br />(1) <br /> Initiative. <br />(a) A charter or charter amendment or revision proposed by initiative <br />petition, a protected ordinance proposed by initiative petition, and <br />an ordinance proposed by initiative petition but not enacted in <br />accordance with section 2.980 of this code, shall be submitted to <br />the electors. <br />(b) The time for voting on an initiative measure submitted to the <br />electors under subsection (1) of this section shall be the first <br />primary or general election held more than 90 days after the city <br />recorder’s certification [and acceptance] of the completed <br />petition under section 2.979 of this code, unless the council calls <br />an earlier [special] election on the measure. The [special] election <br />called by the council may not be held earlier than 66 days after <br />the city recorder’s certification [and acceptance] of the <br />completed petition. <br />(2) <br /> Referendum. <br />(a) An ordinance referred by petition but not repealed in accordance <br />with section 2.980 of this code shall be submitted to the electors. <br />(b) An election on legislation referred to the electors by petition shall <br />be held on the next available election date [under state law] as <br />described in ORS 221.230(1) or successor statutes that is not <br />sooner than the 90th day after the city recorder’s certification <br />[and acceptance] of the completed referendum petition under <br />section 2.979 of this code, unless the council calls an earlier <br />[special] or later election on the measure. The [special] election <br />called by the council may not be held earlier than 66 days after <br />Proposed Revisions to Election Code with Commentary - Page 14 of 27 <br />2/1/08 <br />07 Elections Code - Prop. Revisions w-comments + (00192309) <br /> <br />