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ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: An Ordinance Concerning Initiative and Referendum Procedures; and Amending
Sections 2.972 and 2.981 of the Eugene Code, 1971
Meeting Date: September 24, 2007 Agenda Item Number: 4
Department: City Attorney Staff Contact: Glenn Klein
www.eugene-or.gov Contact Telephone Number: 682.5080
ISSUE STATEMENT
The council is being asked to adopt 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.
A public hearing on the ordinance was held on September 10, 2007.
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.
Section 1 of the ordinance would amend 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, would be counted.
Section 2 of the ordinance would grant the council the authority to delay an election on a referendum to
a later date. This section applies only to referenda, and not to initiatives. When voters successfully refer
an ordinance adopted by the council (i.e., a referendum), the ordinance does not take effect unless and
until the voters approve it. EC 2.981(2)(b) currently requires that an election on legislation referred to
the voters of the City by a referendum petition generally shall be held on the next available election date
th
(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 (when the cost to the City would be less due to other measures also being on the
ballot).
During the public hearing, Councilor Bettman objected to the inclusion of the amendment to EC
2.981(2)(b). Consequently, one of the options listed is adoption of Section 1, but not Section 2. To
accomplish this result, following the Council President moving (and getting a second for) the main
F:\CMO\2007 Council Agendas\M070924\S0709244.doc
motion, a councilor could move to delete the reference to Section 2.981 in the caption, delete Section 2,
and renumber Section 3 to Section 2.
RELATED CITY POLICIES
Not applicable.
COUNCIL OPTIONS
Option A: Adopt Council Bill 4955 as attached.
Option B: Adopt Council Bill 4955 without Section 2.
Option C: Do not adopt Council Bill 4955.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends Option A.
SUGGESTED MOTION
Move to adopt anordinance concerning initiative and referendum procedures; and amending sections
2.972 and 2.981 of the Eugene Code, 1971.
ATTACHMENTS
A. Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Glenn Klein
Telephone: 682-5080
Staff E-Mail: glenn.klein@harrang.com
F:\CMO\2007 Council Agendas\M070924\S0709244.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
Ordinance