Item C: City of Eugene Elections Code Revision

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the city recorder’s certification [and acceptance] of the completed petition. (3) Legislation Referred by Council. [A special election that is to be conducted in accordance with the procedures of section 2.1000 of this code on legislation referred to the electors by the council may be held at any date that is at least 66 days from the date the council orders submission of the legislation.] The time for voting on legislation referred to the electors by the council shall be the first primary or general election held more than 90 days after the date that council orders the legislation referred under section 2.971 of this code, unless the council calls an earlier election on the measure. In any event, an election on a council-referred measure may not be held earlier than 90 days after the date that council orders the legislation referred. [Comment: Initiative Measures: Subsection (1) of this section does not contain any substantive changes to the timing of elections on initiative measures. The language of subsection (1) continues to default elections on initiative measures to the same dates as statewide primary or general elections. This both reduces the City’s costs related to conducting the election and maximizes potential voter turnout. The proposed language also gives the council the flexibility to call an earlier election if the council so chooses. Referendum Measures: The proposed amendment to subsection (2) creates the most substantive change to elections timing. Subsection (2) currently requires that an election on legislation referred to the voters by a referendum petition generally shall be held on the th next available election date under state law not sooner than the 90 day after the certification of the petition (March, May, September or November). The next available election date under state law could be the date of an election where nothing else is on the ballot, which would mean that the City would bear the full cost of the election. The proposed amendment to subsection (2) would allow, but not require, the council to refer the measure to a later election date (presumably when the cost to the City would be less and voter turnout would be greater). Even if the council refers the measure to a later election, under no circumstances will the referred ordinance take effect before it is approved by the voters at an election. Council Referred Measures: The proposed amendments to subsection (3) account for the fact that all elections are now conducted by mail. The new language in subsection (3) was inserted to allow council to hold an election on a council-referred measure at a statewide primary or general election, in order to keep the city’s cost to a minimum. Subsection (3) still allows council to call an election on a date other than a primary or general election if council so chooses. The proposed language for subsection (3) clarifies that council may not refer a measure to an election to be held sooner than 90 days from the date Proposed Revisions to Election Code with Commentary - Page 15 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309)