Item 2: Ordinance Revising Elections Code

Home Browse Search

Ballot Title Challenge Process The proposed amendments to the City’s ballot title appeal process present one of the policy issues for the council to consider. EC 2.977 governs the City’s ballot title challenge process. State law clearly allows the City to adopt its own ballot title appeal process for initiatives and elector-initiated referenda, but it is unclear as to the ballot title appeal process for council- referred measures. The Secretary of State has directed county elections officials not to accept council-referred measures unless they comply with the ballot title appeal process contained in state statutes, which differs significantly from the ballot title appeal process currently in the Code. In particular, the state ballot title appeal process includes a publication requirement and provides that ballot title appeals must be decided by the Lane County Circuit Court rather than council-referred measures the City Council. The Secretary of State’s directive only applies to ; initiative and referendum measures county elections officials will accept that comply with the ballot title appeal process in the Eugene Code. Therefore, the council could choose to have two different ballot title appeal processes -- the City Code process for initiative and referendum measures and the state law process for council-referred measures. However, in the interests of uniformity and transparency for citizens, staff recommends that council adopt the state ballot title appeal process for initiative, referendum and council-referred measures. Council to Refrain from Acting During 61- Day Period Before Election This proposed revision presents another policy choice for the council. EC 2.980 currently provides that the council must take action to adopt an ordinance proposed by initiative petition or repeal an ordinance referred by a referendum petition within 60 days after verification of signatures on the petition for the measure. The requirement that council act within 60 days of verification of signatures does not make sense in the context of election timelines. The proposed amendments to EC 2.980 attempt to relate the current code language to the relevant elections event, which is the date of the election itself, not the date of verification of signatures. The proposed amendments provide that the council should refrain from adopting an ordinance proposed by an initiative petition or repealing an ordinance referred by a referendum petition during the 61-day period prior to an election on the initiative or referendum measure. State law requires that the City Recorder submit City measures to the county elections official not later than 61 days before an election. Once the City measures have been submitted to the county elections official, they are effectively guaranteed to be on the ballot. If the council were to adopt an ordinance proposed by initiative petition or repeal an ordinance referred by a referendum petition, but the initiative or referendum measure remained on the ballot, elector confusion and legal complications (especially if the voters rejected a measure council had adopted) could result. Election Timing EC 2.981 governs the time for voting on measures. Subsection (1) governs the time for voting on initiative measures, subsection (2) the time for voting on referendum measures, and subsection (3) the time for voting on council-referred measures. The proposed revisions governing the timing of elections on referendum and council-referred measures present a third set of policy choices to the council. Initiative Measures The amendments to subsection (1) of EC 2.981 do not affect the timing of elections on initiative measures. Subsection (1) continues to default elections on initiative measures to the same dates as statewide primary or general elections in order to keep the City’s costs to a minimum and maximize potential voter turnout. Subsection (1) also continues to provide the council flexibility to call an earlier election if the council so chooses. If the City holds an L:\CMO\2008 Council Agendas\M080219\S0802192.doc