Item 2: Ordinance Revising Elections Code

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an election, and the timing of elections on referendum and council-referred measures. None of the proposed changes to the elections code alter the amount of time during which petitioners may gather signatures on a measure. The most significant proposed changes are summarized below. City Elections to be Conducted in Accordance with Code and Charter The proposed amendment to EC 2.960 ensures that City elections will be conducted in accordance with the Eugene Code and Charter, while also providing that if a situation arises that is not governed by the Code or Charter, state elections law will fill the gap. Definitions The proposed amendments move the definitions to beginning of the Elections Code. This reorganization is intended to make the Elections Code easier to read as well as to ensure that the definitions apply to the entire Elections Code and not just the provisions governing initiative and referendum measures. Definitions for “candidate,” “certify,” “chief petitioner,” “city official,” “general election,” “measure,” and “primary election” have been added. The definitions of “candidate” and “chief petitioner” are taken directly from state law. Petitions to Be Submitted During Business Hours EC 2.970 was amended to clarify that both prospective petitions and completed petitions ready for signature verification must be submitted in person to the City Recorder at the City Recorder’s Office during business hours. This section was added to eliminate confusion about filing petitions with the City Recorder following evening council meetings. Referred Ordinance Not to Take Effect During Signature Gathering/Verification To refer an ordinance to the voters, petitioners must obtain the number of signatures required by EC 2.972 before the effective date specified in the ordinance. If the petitioners obtain the required number of signatures, the ordinance does not take effect unless and until the voters approve it at an election. That much is settled law, but there has been some question about the status of the ordinance during the fifteen days that Lane County Elections spends verifying the signatures on a referendum petition. An Attorney General’s opinion suggests that referred legislation does not take effect during the period of signature verification, and that conclusion avoids the possibility that the ordinance would be in effect for only fifteen days. The proposed amendments to EC 2.971 would confirm that an ordinance subject to a referendum petition does not take effect until it has been determined that the petitioners did not collect enough valid signatures, or the voters approve the ordinance at an election. Submission of Petitions and Signature Gathering EC 2.973 through 2.975 outline the process and requirements for submission of prospective petitions for initiative and referendum measures as well as the process and requirements for signature collection. The current code is difficult to follow and provisions regulating prospective petitions and signature gathering are scattered throughout various code sections. Because the code sections governing prospective petitions and signature collection are of primary importance to electors who want to utilize the initiative or referendum process, the proposed amendments to EC 2.973 through 2.975 reorder those sections to lay out a step-by-step, chronological process for submitting prospective petitions and signature gathering. L:\CMO\2008 Council Agendas\M080219\S0802192.doc