Item 2: Ordinance Revising Elections Code

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election on a date when the state is also conducting an election, the costs of that election are distributed proportionally among the various participating governments. The cost to the City of holding an election on a date when the state is not conducting an election is significantly higher because the City must bear the entire cost of the election if it is the only participating jurisdiction. Additionally, statewide elections tend to increase voter turnout. Referendum Measures Subsection (2) of EC 2.981 currently requires that an election on a referendum measure be held on the next available election date under state law (March, May, September or November) that is not sooner than 90 days after the date the City Recorder certifies the measure to the ballot, unless the council calls an earlier election. (Under no circumstances may council call an election earlier than 66 days after the date the City Recorder certifies the referendum measure to the ballot). However, the next available election date under state law may be a date when nothing else is on the ballot, which would mean that the City would bear the full cost of the election and voter turnout probably would be low. The proposed amendment to subsection (2) would allow, but not require, the council to call a later election (e.g. a primary or general election). No matter what the date of the election, the referred ordinance would not take effect until and unless it is approved by the voters. Example : The council adopts an ordinance on August 15th. A prospective petition is filed with the City Recorder to refer the ordinance and signature gathering proceeds. Petitioners have until the date the ordinance takes effect to submit the requisite number of signatures to refer the measure. Lane County Elections then has 15 days to verify the signatures. Assuming petitioners have collected enough valid signatures, current code requires that the election on the measure be held on the next available election date under state law not sooner than 90 days from the date the City Recorder certifies the referendum petition (on or about st October 1) unless the council calls an earlier special election. In this situation, current code defaults to a referendum election in March, and there are no statewide election dates available between December and the following March on which the council could call an earlier special election. If the referendum petition goes to an election in March, the City will bear the full cost of that election and voter turnout in the election likely will be low. The proposed code amendments would allow council to send the referred ordinance to the ballot on a later election date (in this case probably May) when the cost to the City would be less and voter turnout would almost certainly be higher. Council-Referred Measures The proposed changes to subsection (3) of EC 2.981 default an election on a council-referred measure to the next statewide primary or general election held not sooner than 90 days after the date that council orders the legislation referred, unless council calls an earlier election on the measure. In no event may the election on a referred measure be held less than 90 days from the date that council orders the legislation referred. The proposed amendments to this subsection clarify that the council may not refer a measure to an election to be held less than 90 days from the date of referral. An earlier election date would not allow enough time for completion of the state law ballot title appeal process. Requirement to File with the City Recorder Five Days before Elections Filing Deadline EC 2.992 required that all measures be filed with the City Recorder five business days before the date set by state law for filing City measures with the county elections official. State statutes and other code provisions mandate that City measures be filed with county elections officials 61 days L:\CMO\2008 Council Agendas\M080219\S0802192.doc