HomeMy WebLinkAboutItem 5: Ordinance Concerning Initiative and Referendum Procedures
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Initiative and Referendum Procedures; and
Amending Sections 2.972 and 2.981 of the Eugene Code, 1971
Meeting Date: September 10, 2007 Agenda Item Number: 5
Department: City Attorney Staff Contact: Glenn Klein
www.eugene-or.gov Contact Telephone Number: 682-5080
ISSUE STATEMENT
The purpose of this public hearing is to consider an ordinance amending Section 2.972 of the Eugene
Code, 1971 (“EC”) to clarify the number of signatures required to place an initiative or referendum
petition on the ballot; and amending EC 2.981(2)(b) to authorize the council to refer measures to a later
election date as well as an earlier date.
BACKGROUND
In determining the number of signatures required to place an initiative or referendum petition on the
ballot, the City has historically interpreted the phrase “the number of votes cast for all candidates for
mayor” in EC 2.972 to include write-in votes. The Lane County Circuit Court recently declared that
individuals receiving write-in votes do not quality as “candidates,” under EC 2.972, and therefore, the
City Recorder cannot include write-in votes in her calculation of the requisite number of signatures.
The proposed amendment amends EC 2.972 by substituting the phrase “the office of” for the phrase “all
candidates for,” to clarify that in computing the number of signatures required, all votes cast for the
office of mayor, including write-in votes, will be counted.
EC 2.981(2)(b) currently requires that an election on legislation referred to the voters of the City by a
th
referendum petition generally shall be held on the next available election date (not sooner than the 90
day after certification and acceptance of the petition). That date could be a special election with nothing
else on the ballot, which would mean that the City would bear the full cost of the election. The proposed
amendment would allow the Council the option of referring the measure to a later election date
(presumably when the cost to the City would be less due to other measures also being on the ballot).
RELATED CITY POLICIES
Not applicable.
COUNCIL OPTIONS
None; this is a public hearing only. Action is tentatively scheduled for September 24, 2007.
F:\CMO\2007 Council Agendas\M070910\S0709105.doc
CITY MANAGER’S RECOMMENDATION
None; this is a public hearing only.
SUGGESTED MOTIONS
No motion is suggested. This is a public hearing only.
ATTACHMENTS
A. Draft Ordinance
FOR MORE INFORMATION
Staff Contact: Glenn Klein
Telephone: 682-5080
Staff E-Mail: glenn.klein@harrang.com
F:\CMO\2007 Council Agendas\M070910\S0709105.doc
ATTACHMENT A
ORDINANCE NO. ___________
AN ORDINANCE CONCERNING INITIATIVE AND
REFERENDUM PROCEDURES; AND AMENDING
SECTIONS 2.972 AND 2.981 OF THE EUGENE CODE,
1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Section 2.972 of the Eugene Code, 1971, is amended to provide:
2.972Elections – Initiative and Referendum, Requisite Number of Signatures.
The number of signatures required for an initiative petition is 15 percent, and
for a referendum petition 10 percent, of the number of votes cast for [all
candidates for] the office of mayor at the mayoral election last preceding the
date when circulation of the petition begins.
Section 2.
Subsection (2)(b) of Section 2.981 of the Eugene Code, 1971, is
amended to provide:
2.981Elections – Initiative and Referendum, Voting on Measures.
(2)
(b) An election on legislation referred to the electors by petition
shall be held on the next available election date under state law
that is not sooner than the 90th day after certification and
acceptance of the referendum petition under section 2.979,
unless the council [calls an earlier special election on the
measure] refers the measure to an earlier or later election
date. The [special] election may not be held earlier than 66 days
after certification and acceptance of the petition.
Section 3.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, may administratively correct any reference errors contained herein, or in
other provisions of the Eugene Code, 1971, to the provisions added, amended, or
repealed herein.
Passed by the City Council this Approved by the Mayor this
____ day of _____________, 2007 ____ day of _____________, 2007
____________________________ ____________________________
City Recorder Mayor