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HomeMy WebLinkAboutItem C: City of Eugene Elections Code Revision ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: City of Eugene Elections Code Revision Meeting Date: February 11, 2008 Agenda Item Number: C Department: City Recorder’s Office Staff Contact: Mary Feldman www.eugene-or.gov Contact Telephone Number: 541/682-8353 ISSUE STATEMENT This is a work session on revisions to the City of Eugene Elections Code. BACKGROUND The City’s Elections Code, EC 2.960 to 2.1005, sets out most of the rules that govern elections for the Mayor, City Council and Eugene Water & Electric Board as well as elections on initiative and referendum measures. Elections law consists of a mix of Eugene Code and Charter provisions, state statutes and state administrative rules. As discussed in more detail below, in some cases state law requires certain procedures, while in others the City has substantial leeway to adopt its own standards and procedures. The City Recorder has worked closely with the City Attorney’s Office to generate proposed changes to the Elections Code. Most of the proposed changes are intended to clarify existing code provisions without changing their meaning. The sections pertaining to initiatives and referenda have been reordered so that the sequence of code provisions track the initiative and referenda processes chronologically. Several of the proposed revisions make substantive changes that present substantial policy issues for the council to resolve. These include policy issues related to the ballot title appeal process, council adoption of an initiative ordinance or repeal of a referred ordinance during the 61 days preceding 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. 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 the 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. F:\CMO\2008 Council Agendas\M080211\S080211C.DOC 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 a referred 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 citizens 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. 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 the 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 F:\CMO\2008 Council Agendas\M080211\S080211C.DOC 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 the 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 with flexibility to call an earlier election if the council so chooses. (If the City holds an election on a date when the state is also conducting an election, the costs of that election are distributed proportionally between 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 the 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 would probably 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 F:\CMO\2008 Council Agendas\M080211\S080211C.DOC 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 for the council to 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 will likely be low. The proposed code amendments would allow the 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 the council orders the legislation referred, unless the 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 the 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 for enough time to complete 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 before an election and requires the opportunity for a ballot title appeal. If a referendum or council-referred measure was filed with the City Recorder five days before the deadline for filing measures with county officials, it would not allow enough time for a ballot title challenge, so the proposed amendments repeal this section. Word Limits for Additional Voters’ Pamphlet Arguments The proposed amendments to EC 2.994(1)(c) limit additional arguments submitted to the voters’ pamphlet (arguments in addition to the main arguments in favor of or in opposition to a measure and their respective rebuttals) to 325 words, which is the word limit imposed on candidate statements under the requirements of the current code. The proposed revisions attempt to take into account technological advances which, through reduced font size, could allow extremely long arguments to fit within the space limitations contained in current code and negatively impact readability of the argument. The proposed amendments attempt to ensure readability of arguments and citizens’ access to information while allowing interested parties space to make their arguments. Elections – Voting by Mail EC 2.1000 currently regulates the conduct of elections – both polling place elections and elections conducted by mail. State law clearly gives responsibility to conduct elections by mail to county elections officers, not City elections officers. All of the City Recorder’s responsibilities under current section 2.1000 actually belong to county elections officials by virtue of state law. Since all City elections are conducted by mail, and elections conducted by F:\CMO\2008 Council Agendas\M080211\S080211C.DOC mail are the purview of the county elections officials, staff proposes to amend section 2.1000 to provide only that City elections must be conducted in accordance with state law. COUNCIL OPTIONS The council may: 1. Direct the City Manager to schedule another work session on the proposed amendments to the Elections Code; 2. Direct the City Manager to revise the proposed ordinance and schedule another work session; or 3. Direct the City Manager to proceed with the public hearing currently scheduled for February 19, 2008. CITY MANAGER’S RECOMMENDATION The City Manager recommends proceeding with a public hearing on the proposed ordinance on February 19, 2008. SUGGESTED MOTION No motion is necessary to implement the City Manager’s recommendation, as the ordinance is already scheduled for a public hearing on February 19. ATTACHMENTS A. Draft Ordinance B. Proposed Revisions to Elections Code with Commentary FOR MORE INFORMATION Staff Contact: Mary Feldman Telephone: 541/682-5697 E-mail: mary.feldman@ci.eugene.or.us F:\CMO\2008 Council Agendas\M080211\S080211C.DOC ATTACHMENT A ORDINANCE NO. _____ AN ORDINANCE CONCERNING ELECTIONS’ PROCEDURES; AMENDING SECTIONS 2.960, 2.964, 2.965, 2.966, 2.968, 2.970, 2.971, 2.973, 2.977, 2.979, 2.980, 2.981, 2.993, 2.994, 2.996, 2.997, 2.1000 AND 2.1990 OF THE EUGENE CODE, 1971; ADDING SECTIONS 2.961 AND 2.975 TO THAT CODE; AMENDING SECTION 2.976 AND RE- NUMBERING SECTION 2.976 TO SECTION 2.974; AMENDING SECTION 2.990 AND RE-NUMBERING SECTION 2.990 TO SECTION 2.984; AMENDING SECTION 2.985 AND RE-NUMBERING SECTION 2.985 TO 2.986; AMENDING SECTION 2.986 AND RE-NUMBERING SECTION 2.986 TO 2.987; AMENDING SECTION 2.988 AND RE-NUMBERING SECTION 2.988 TO SECTION 2.989; RENUMBERING SECTION 2.984 TO SECTION 2.985, SECTION 2.987 TO 2.988; AND REPEALING SECTION 2.992 OF THAT CODE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 2.960 of the Eugene Code, 1971, is amended to provide: 2.960 Elections - State Law. City elections[,] shall be conducted in accordance with this code and the Eugene Charter 2002. [i]Insofar as not governed by the city charter, [or by] special ordinances or [other sections of] this code, city elections shall be conducted in accordance with the state law governing popular elections. Section 2 . Section 2.961 of the Eugene Code, 1971, is added to provide: 961 ElectionsAs used in sections 2.960 to 2.1005 of this code, 2. – Definitions. the following words and phrases mean: Candidate. An individual whose name is printed or expected to be printed on the ballot, an individual who campaigns for write-in votes, or an individual who collects or spends money to secure nomination or election to office at any time, even if the specific office is not indicated and the candidate’s name does not appear on a ballot. Certify. With respect to a completed petition means the city recorder’s determination that the completed petition includes all of the information required by law and at least the number of elector signatures required by section 2.972 of this code. Chief petitioner. The elector responsible for the preparation and organization of an initiative or referendum petition. Not more than three electors may be designated as chief petitioners for any one Ordinance – Page Page 1 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 initiative or referendum petition. City attorney. An attorney or law firm appointed by the city manager to provide legal advice to the manager and council on election matters. City office. The office of mayor, city councilor or Eugene Water & Electric Board member. City official. The mayor, a city councilor or a Eugene Water & Electric Board Member. City recorder. The city manager or the manager's designee. Completed petition. An initiative or referendum petition that includes all of the information required by law and at least the number of signatures required by section 2.972 of this code. Conflicting measures. Measures are conflicting when any part of one measure cannot operate concurrently with a provision of the other measure or when one or both measures expressly provide that they are intended to be the exclusive enactment for that area of legislation. Elector. A resident of the city qualified to vote under the Oregon Constitution, Article II, section 2. General election. An election held on the first Tuesday after the first Monday in November of each even numbered year, or as otherwise defined by the Oregon Legislative Assembly. Initiative petition. A petition by one or more qualified electors to initiate proposed legislation to be approved or rejected by the electors at an election. Legislation. A law of a permanent or general character which creates policy as opposed to executing policy already in existence, and which is within the meaning of "legislation" as that term is used in Oregon Constitution, Article IV, Section 1(5). Measure. A proposed city ordinance, charter revision, charter amendment, a proposition, question, or advisory measure placed on the ballot by the council, including a measure referred on the recommendation of the Eugene Water & Electric Board. “Measure” also includes municipal legislation, charter revisions and charter amendments placed on the ballot by initiative or referendum petition. Organization. Includes a corporation, association, firm, partnership, Ordinance – Page Page 2 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 joint stock company, club or other combination of individuals having collective capacity. Primary election. An election held on the third Tuesday in May of each even-numbered year, or as otherwise defined by the Oregon Legislative Assembly. Prospective petition. The information, including the text of the proposed measure, required to be included in a completed petition, except signatures and other identification of petition signers. Protected ordinance. An ordinance adopted by initiative in accordance with the Eugene Charter of 2002, section 32-A. A protected ordinance may be amended or repealed only by the electors or by unanimous vote of councilors present and voting at a council meeting. The initiative petition and the ballot measure for a protected ordinance must state that it is proposed as a protected ordinance and must explain the limitations on its repeal or amendment. Referendum petition. A petition by one or more qualified electors to refer legislation adopted by the council to the electors for their approval or rejection at an election. Section 3. Sections 2.964 and 2.965 of the Eugene Code, 1971, are amended to provide: 2.964 Elections - Nomination. (1) A candidate for a city council office representing a particular ward shall be nominated by the [individual] electors [from] residing in that ward. (2) A candidate for a Eugene Water & Electric Board office representing a pair of wards shall be nominated by [individual] the electors [from] residing in those wards. (3) A candidate for the office of mayor or an office on the Eugene Water & Electric Board representing the city at large shall be nominated by [individual] electors [from the entire] who reside in the city. (4) In a year for filling an office referred to in subsection (1), (2), or (3) of this section, a nomination of a candidate for the office shall be conducted in accordance with the state law governing popular elections, except that the nominating petition shall be [filed with] submitted to the city recorder at least [75] 76 days before the first election for filling the office and it shall be signed by 25 [legally qualified] electors who reside in the area to be represented by the office. [For purposes of calculating the filing deadline, the date of the election shall be included in the computation of time.] (5) The city recorder or designee shall verify the signatures on a Ordinance – Page Page 3 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 nominating petition as provided in section 2.979(1) of this code. Any signature which is not the signature of an elector who resides in the area to be represented by the office for which the nominating petition was circulated shall not be counted toward the number of signatures required by subsection (4) of this section. 2.965 Elections - Residency . A candidate for a city office must be an [legal] elector [under the laws and constitution of the state] and must have been a resident of the city for at least one year immediately preceding the election that results in election to the office[, and]. A candidate for city office shall maintain his or her residence within the city and the area he or she seeks to represent at the time of nomination and throughout his or her term of office if elected. [Removal of an officer's residence from the city or from the area he or she represents shall create a vacancy in the office for which elected, to] If a city official or candidate for city office fails to maintain his or her residence within the city and the area he or she represents or seeks to represent, he or she shall be removed from office or be ineligible to serve as a city official. The vacancy thus created shall be filled in the manner other vacancies in that office are filled. If a [councilor] city official or candidate for city office has more than one residence, [then] the requirements of this section apply to the principal place of residency, which is the residence where the [person] city official or candidate for city office spends more than 50% of [the] his or her time. Section 4. Subsections (4), (5), (6) and (7) of Section 2.966 of the Eugene Code, 1971, are amended to provide: 2.966 Elections - Officers. (4) Except as provided in section 24 of the Eugene Charter, [T]the first voting for mayor, councilor, or [EWEB] Eugene Water & Electric Board member during a year shall take place at an election held at the same time [and places in the city] as the statewide primary election that year. (5) If at the primary election one candidate for a city office receives a majority of the votes cast for [all candidates for] that office, that candidate shall be the only one whose name appears on the ballot [for] at the [November] general election that year as a candidate for that particular office. (6) If at the primary election no [such] candidate receives [such] a majority of votes cast for the office, the two candidates receiving the two highest numbers of votes cast for the office shall be the only [ones] candidates whose names appear on the ballot [for] at the [November] general election that year as candidates for that particular office. (7) The candidate who receives a majority of the votes cast [at the November election] for the office at the general election is elected to Ordinance – Page Page 4 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 that office and is entitled to a certificate of election thereto. Section 5. Sections 2.968, 2.970, 2.971, and 2.9773 of the Eugene Code, 1971, are amended to provide: 2.968 Elections - Eugene Water & Electric Board - Composition. (1) [Each member elected to the board before 1976 has the term of office thereon for which so elected.] Except as subsection (2) of this section provides to the contrary, each member elected to the Eugene Water & Electric Board [board during or after 1976] has a term of office thereon of four years. (2) The board may fill a vacant office thereon by appointing thereto a person from the same constituency as the member who [has] last occupied that office. If [that] an elected member leaves the office vacant less than 14 months after the member’s term on the board begins, at the next primary and general [November] elections after the vacancy occurs, a member shall be elected to the vacant office from the same constituency as the member who [has] last occupied that office. st The term of office of the person so elected begins [the first] January 1 of the immediately ensuing year and continues for two years. 2.970 Submissions During Business Hours. Prospective and completed petitions must be submitted to the city recorder in person at the office of the city recorder during regular business hours. [Elections - Initiative and Referendum, Preamble and Definitions. The initiative and referendum powers of the city and its electors shall be exercised in accordance with sections 2.971 to 2.988 of this code and not otherwise. State statutes governing exercise of the initiative and referendum do not apply to exercise of these powers by the city or its electors. As used in sections 2.971 to 2.988 of this code, the following words and phrases mean: City attorney. A person or law firm appointed by the city manager to provide legal advice to the manager and council on election matters. City office. The office of mayor, city councilor or Eugene Water and Electric Board member City recorde. r The city manager or the manager's designee. Completed petition. An initiative or referendum petition containing all of the information required by law and containing at least the number of elector signatures required by section 2.972 of this code. Ordinance – Page Page 5 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 Conflicting measures. Measures are conflicting when any part of one measure cannot operate concurrently with a provision of the other measure or when one or both measures expressly provide that they are intended to be the exclusive enactment for that area of legislation. Elector. A resident of the city qualified to vote under Oregon Constitution, Article II, Section 2. Initiative petition. A petition by one or more qualified electors to initiate proposed legislation to be adopted at an election. Legislation. A law of a permanent or general character which creates policy as opposed to executing policy already in existence, and which is within the meaning of "legislation" as that term is used in Oregon Constitution, Article IV, Section 1(5). "Legislation" includes both ordinances and charter amendments or revisions. Organization . Includes a corporation, association, firm, partnership, joint stock company, club or other combination of individuals having collective capacity. Prospective petition. The information, including the proposed measure, except signatures and other identification of petition signers, required to be contained in a completed petition. Protected ordinance. An ordinance adopted by initiative in accordance with the Eugene Charter of 2002, section 32-A. A protected ordinance may be amended or repealed only by the electors or by unanimous vote of councilors present and voting at a council meeting. The initiative petition and the ballot measure for a protected ordinance must state that it is proposed as a protected ordinance and must explain the limitations on its repeal or amendment. Referendum petition. A petition by one or more qualified electors to refer legislation adopted by the council to the voters for their approval or rejection at an election.] 2.971 Elections - Initiative and Referendum, Manner of Initiating or Referring Legislation. (1) [Electors] Any elector may initiate proposed legislation by [filing with] submitting [the city recorder] a completed initiative petition proposing the legislation [and requesting it be submitted to the electors of the city] to the city recorder. (2) [Electors] Any elector may refer council legislation to the electors by [filing] submitting a completed referendum petition [with] to the city recorder prior to the effective date of the legislation[, requesting that the Ordinance – Page Page 6 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 legislation be submitted to the electors]. (3) The council may order submission of proposed or adopted legislation to the electors. (4) An ordinance [passed] for which a prospective referendum petition has been submitted to the city recorder [by the council and referred by the electors under section 2.981 of this code, shall] does not take effect during the period of signature collection and signature verification, and if petitioners collect the number of elector signatures required under section 2.972 of this code, the ordinance shall not take effect except as provided in section [2.986] 2.987 of this code. 2.973 Elections - Initiative and Referendum, [Form of] Petition Prospective . (1) An initiative or referendum petition shall be in the form prescribed by the city recorder. (2) [ The chief petitioners shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the city recorder not later than the tenth day after any of the chief petitioners first has knowledge or should have had knowledge that: (a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid. (3) Signature Sheets on Initiative Petition. On an initiative petition, each signature sheet shall contain the caption of the ballot title issued pursuant to section 2.977. (4) Signature Sheets on Referendum Petition. On a referendum petition, each signature sheet shall contain either the caption of the ballot title or the title of the ordinance to be referred. (5) The reverse side of the cover of an initiative or referendum petition and both sides of a signature sheet may be used for obtaining signatures on an initiative or referendum petition. If both sides of a signature sheet are used, each side shall contain the information required on a signature sheet under subsection (2) of this section. (6) Not more than 20 signatures on the cover or on each side of each sheet of the initiative or referendum petition shall be counted. The cover of the initiative or referendum petition, if the cover is used to gather signatures, and each signature sheet shall be verified on its face by the signed statement of the circulator that the individuals signed the cover or sheet in the presence of the circulator, on the date indicated, and that the circulator believes each individual is an elector registered in the city. Ordinance – Page Page 7 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 Such verification shall be on a form prescribed by the city recorder. (7) Each person collecting signatures must carry at least one complete and correct copy of the text of the initiative measure or ordinance being referred and must allow any person to review the text upon request.] (2) When a prospective petition is submitted to the city recorder, the city recorder shall immediately determine whether the prospective petition is in the proper form, including but not limited to compliance with the requirements of subsection 2.974(a) of this code, and; (a) If the prospective petition is not in the proper form, return the prospective petition to the person submitting it and advise that person what the defects are; (b) If the prospective petition is in the proper form: 1. Advise the person submitting the prospective petition of the number of signatures necessary to place the petition on the ballot; 2. Advise the person submitting the petition of the deadlines in subsection 2.974(d) of this code; 3. Specify the size and kind of paper on which the prospective petition is to be duplicated; 4. Date and time stamp the prospective petition; and 5. Initial the prospective petition and approve it for circulation. (3) On the next business day after a prospective petition in the proper form is submitted to the city recorder, the city recorder shall transmit a copy of the prospective petition to the city attorney for review and action under section 2.977 of this code. (4) The prospective petition shall include a statement signed by the chief petitioner(s) declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures on the initiative or referendum petition. Once the prospective petition is approved for circulation, the chief petitioners shall notify the city recorder not later than the tenth day after any of the chief petitioners first has knowledge or should have had knowledge that: (a) Any person is being compensated for obtaining signatures, if the statement included with the prospective petition declared that no such person would be compensated. (b) No person is being compensated for obtaining signatures, if the statement included with the prospective petition declared that one or more such persons would be compensated. Section 6 . Section 2.976 of the Eugene Code, 1971, is re-numbered as Section 2.974, and amended as follows: Ordinance – Page Page 8 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 2.97[6] Elections - Initiative and Referendum, [Procedure Prior to Circulation of 4 Petition] . [(1)] Petition Requirements[Presentation.] No completed initiative or referendum petition may be filed with the city recorder unless: (a) Prior to its circulation a prospective petition [is filed with] was submitted to the city recorder [containing]. The prospective petition must contain a copy of the legislation sought to be submitted to the electors and a signed statement on the face of the petition of the names and addresses of not more than three [persons or entities under whose sponsorship the petition has been prepared and is to be circulated] chief petitioners. If [the sponsor of the petition] one or more of the chief petitioners is an organization, the prospective petition shall disclose [its] the name and address [and] of the organization, the name and address of each of the principal officers of the organization and the signature of the chief officer of the organization; (b) As circulated, the prospective petition complies with the city recorder's specifications [listed below] and the requirements of this code, contains the caption or ordinance title required by section [2.973(3)] 2.975 of this code, and contains the names and addresses of the [sponsors of the petition] chief petitioners; (c) The date of the first [signature on the petition is affixed] signature on the petition is no later than 90 days after the issuance of the ballot title on the measure; and (d) The completed petition is [filed with] submitted to the city recorder for [certification and approval] signature verification no later than 100 days after the date of the first signature on the petition [is affixed]. A completed referendum petition shall be [filed] submitted to the city recorder by that time or by the effective date of the legislation sought to be referred [takes effect], whichever is earlier. [(2) Specifications and Referral for Ballot Title. When a prospective petition is filed, the city recorder shall immediately: (a) Determine whether the petition is in the proper form; (b) Advise the person presenting the petition whether it is in proper form and, if it is not, what the defects are; (c) Advise the person depositing the petition of the election filing deadline provided by section 2.992 of this code; (d) Specify the mode of duplicating the petition and the size and kind of paper on which it is to be duplicated; and (e) Transmit a copy of the petition to the city attorney for review and action under section 2.977 of this code.] Section 7 Section 2.975 of the Eugene Code, 1971, is added to provide: . 2.975 Elections – Form of Petition and Signature Requirements. (1) Signature sheets for an initiative or referendum petition shall be double-sided. (2) The front side of each signature sheet shall contain: Ordinance – Page Page 9 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 (a) The names and residence addresses of all chief petitioners; (b) Instructions adopted by the Secretary of State for persons obtaining signatures on the petition; and (c) If the petition is an initiative petition, the caption of the ballot title issued pursuant to section 2.977 of this code; (d) If the petition is a referendum petition, either the caption of the ballot title issued pursuant to section 2.977 of this code or the title of the ordinance to be referred. (3) The reverse side of an initiative or referendum petition shall: (a) Be used for obtaining signatures; (b) If the petition is an initiative petition, include the caption of the ballot title for the initiative measure; (c) If the petition is a referendum petition, include the number of the ordinance to be referred and the date it was adopted by the council. (d) If one or more persons will be paid for obtaining signatures on the petition, contain a notice stating: “Some circulators for this petition are being paid.” (4) Not more than 20 signatures on each signature sheet of the initiative or referendum petition shall be counted. The circulator shall certify on each signature sheet that the circulator: (a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and (b) Believes each individual is an elector registered in the city. (5) Each person collecting signatures must carry at least one complete and correct copy of the text of the initiative measure or the ordinance being referred and must allow any person to review the text upon request. Section8 Sections 2.977, 2.979, 2.980, and 2.981, of the Eugene Code, 1971, . are amended to provide: 2.977 Elections - Initiative and Referendum, Preparation of Ballot Title; Appeal. (1) Within five business days following the city attorney's receipt of a prospective petition for an [initiated] initiative or referendum measure, the city attorney shall review the prospective petition for legal sufficiency, and, if appropriate, issue a ballot title. (a) If the city attorney determines that the prospective petition is legally insufficient, the city attorney shall inform the city recorder in writing of the reasons for that determination. The city recorder shall return the prospective petition to the [person presenting the petition]chief petitioners, along with a copy of the city attorney's written determination. Ordinance – Page Page 10 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 (b) If the city attorney determines that the prospective petition is legally sufficient, the city attorney shall prepare a ballot title and deliver it to the city recorder. The city recorder shall provide a copy of the ballot title to the chief petitioners. (2) Within five business days following the council's decision to submit legislation to the electors under subsection [(3) of section] 2.971(3) of this code, the city attorney shall prepare a ballot title and deliver it to the city recorder. (3) The ballot title of any measure to be initiated or referred shall comply with the state statutes in effect at the time the ballot title is prepared. The ballot title shall not resemble, to the extent it creates confusion, any ballot title previously [filed] prepared for a measure to be submitted to the electors at [that] the same election. (4) Upon receiving a ballot title for a city measure from the city attorney, the city recorder shall publish in the next available edition of a newspaper of general circulation in the city a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in subsection (5) of this section. ([4]) 5 An elector dissatisfied with the ballot title may, within [five] seven business days after it is delivered to the city recorder, [deposit at the office of the city recorder a written appeal to the council requesting a different ballot title for the measure and stating why the title prepared by the city attorney is unsatisfactory. Within ten business days after the ballot title is delivered to the city recorder, the council shall afford the appellant a hearing and either approve the ballot title or prescribe another ballot title for the measure] petition the Lane County Circuit Court seeking a different ballot title and stating the reasons that the title prepared by the city attorney is insufficient, not concise or unfair. The petition shall name the city attorney as respondent. The court shall review the ballot title and measure to be initiated or referred, hear arguments, if any, and certify to the city recorder a ballot title for the measure which meets the requirements of state statutes in effect at the time the ballot title is prepared. [The title thus adopted shall be the ballot title for the measure.] 2.979 Elections - Initiative and Referendum, Verification of Signatures , . Completed Petition (1) A[n] completed initiative or referendum petition shall be [filed with] submitted to the city recorder for signature verification. The city recorder may not accept for signature verification any petition sheets that do not comply with the requirements contained in state statute and this code for signature sheets. Within 15 days of [such filing] submission of a completed initiative or referendum petition for signature verification, the city recorder or the recorder's designee shall, by reference to the records in the Lane County Elections office, Ordinance – Page Page 11 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 verify the number and genuineness of the signatures and the voting qualifications of the signers; and, if electors in a number sufficient under section 2.972 of this code have signed the petition, the city recorder shall so certify [and accept] the petition. If the city recorder determines that [there is] the petition contains an insufficient number of elector signatures, the petition shall be returned to [its sponsor] the chief petitioners. (2) If the number of elector signatures required under section 2.972 of this code [number of signatures] exceeds 4,500, the city recorder or designee may utilize the statistical sampling technique established by rule of the Secretary of State to [verify] determine whether a petition contains the required number of elector signatures [of electors]. If signatures on an initiative or referendum petition are verified [under] using this procedure, a petition may not be rejected for the reason that it contains [less] fewer than the required number of elector signatures unless two separate sampling processes establish the lack of requisite signatures. The second sampling must contain a larger number of signatures than the first sampling. 2.980 Elections - Initiative and Referendum, Presentation of Initiative Measure to Council. (1) No later than 20 days after [verification of signatures on a] the city recorder certifies a completed initiative or referendum petition [for a measure], the city manager shall present the petition to the council for consideration. At that time, or thereafter, the council may: (a) Adopt an ordinance proposed by an initiative petition; (b) Repeal an ordinance referred by referendum petition; (c) Vote to urge adoption or defeat of the initiated or referred measure; [or] (d) Order submission of an alternative measure or measures to be voted upon at the same election as the initiated or referred measure. [Council action to adopt an ordinance proposed by an initiative petition or to repeal an ordinance referred by a referendum petition shall occur no later than 60 days after verification of signatures on the petition for the measure.] (2) During the 61 day period prior to an election on an initiative or referendum measure the council shall refrain from adopting an ordinance proposed by an initiative petition or repealing an ordinance referred by a referendum petition. 2.981Elections - Initiative and Referendum, Voting on Measure . (1) Initiative. (a) A charter or charter amendment or revision proposed by initiative petition, a protected ordinance proposed by initiative petition, and an ordinance proposed by initiative petition but not enacted in accordance with section 2.980 of this code, shall be submitted to Ordinance – Page Page 12 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 the electors. (b) The time for voting on an initiative measure submitted to the electors under subsection (1) of this section shall be the first primary or general election held more than 90 days after the city recorder’s certification [and acceptance] of the completed petition under section 2.979 of this code, unless the council calls an earlier [special] election on the measure. The [special] election called by the council may not be held earlier than 66 days after the city recorder’s certification [and acceptance] of the completed petition. (2) Referendum. (a) An ordinance referred by petition but not repealed in accordance with section 2.980 of this code shall be submitted to the electors. (b) An election on legislation referred to the electors by petition shall be held on the next available election date [under state law] as described in ORS 221.230(1) or successor statutes that is not sooner than the 90th day after the city recorder’s certification [and acceptance] of the completed referendum petition under section 2.979 of this code, unless the council calls an earlier [special] or later election on the measure. The [special] election called by the council may not be held earlier than 66 days after the city recorder’s certification [and acceptance] of the completed petition. (3) Legislation Referred by Council. [A special election that is to be conducted in accordance with the procedures of section 2.1000 of this code on legislation referred to the electors by the council may be held at any date that is at least 66 days from the date the council orders submission of the legislation.] The time for voting on legislation referred to the electors by the council shall be the first primary or general election held more than 90 days after the date that council orders the legislation referred under section 2.971 of this code, unless the council calls an earlier election on the measure. In any event, an election on a council-referred measure may not be held earlier than 90 days after the date that council orders the legislation referred. Section 9. Section 2.990 of the Eugene Code, 1971, is re-numbered as Section 2.984, and amended to provide: 2.9[90] Elections - Notice. 84 The city recorder shall give 10 days' notice of an election by one publication of the notice in a newspaper [published and] of general circulation in the city[, or by posting either printed or typewritten versions of the notice for at least 10 days in three public places in the city. The city recorder shall determine whether the notice shall be published or Ordinance – Page Page 13 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 posted, unless the council directs otherwise in calling the election]. The notice need not set forth in full any measure to be submitted to the electors at the election, but the notice shall state the ballot title of [the] each measure. Section 10. Section 2.984 of the Eugene Code, 1971, is re-numbered as Section 2.985 to provide: 2.98[4] Elections - Initiative and Referendum, Election Returns. 5 The votes on a measure shall be counted, canvassed and returned as follows: (a) In case of an election held at a time prescribed by state law, in the same manner as other votes cast at such an election in the city. (b) In case of special elections held at other times, in the manner prescribed by the city manager. Section 11. Sections 2.985, and 2.986 of the Eugene Code, 1971, are re- numbered as 2.986, 2.987 respectively, and amended to provide: 2.98[5] Elections - Initiative and Referendum, Proclamation by Mayor. 6 (1) [Immediately u]Upon completion of the canvass of votes on a measure submitted pursuant to this chapter, the mayor shall issue a proclamation: (a) Recapitulating the vote on the measure; and[.] (b) [Declaring whether] If the majority of votes cast on the measure were in favor of the measure, [shows a majority of those who voted on the measure to be in favor of it; and (c) In case a majority of them favor the measure,] announcing the effective date of the legislation in accordance with section [2.986] 2.987 of this code. (2) The city recorder shall give public notice of the proclamation by release to the media or by posting a copy thereof at the city hall. (3) The proclamation shall be [filed] retained with the measure in the office of the city recorder. 2.98[6] Elections - Initiative and Referendum, Effective Date of Measure 7. A measure which has been approved by a majority of the electors who voted on the measure takes effect upon the mayor's proclamation that the measure has passed, or at a later date, if specified in the measure. Section 12. Section 2.987 of the Eugene Code, 1971, is re-numbered as 2.988 to provide: 2.98[7] Elections - Initiative and Referendum, Conflicting Measures. 8 Of two conflicting measures approved by the electors at the same election, the measure Ordinance – Page Page 14 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 receiving the greater number of affirmative votes shall be deemed approved and the other measure deemed not approved. Section 13. Section 2.988 of the Eugene Code, 1971, is re-numbered as 2.989 and amended to provide: 2.98[8] Elections - Initiative and Referendum, Unlawful Acts. 9 (1) No person other than an [city] elector shall knowingly sign a city initiative or referendum petition. (2) No person shall sign [such] a city initiative or referendum petition with a name not his or her own. (3) No person shall sign his or her name to [such] a city initiative or referendum petition with knowledge of previously signing the petition. (4) No person shall circulate or [file with] submit to the city recorder a city initiative or referendum petition which to his or her knowledge contains a signature signed in violation of this chapter. (5) No person shall procure or attempt to procure a signature to [such] a city initiative or referendum petition by fraud. (6) No person shall make a statement concerning [such] a city initiative or referendum petition that the person knows to be false. (7) No person shall knowingly make a document under this chapter that contains a false statement. (8) No city officer shall willfully violate a provision of this chapter. Section 14 . Section 2.992 of the Eugene Code, 1971, is repealed. [2.992 Elections - Filing of Measures. All measures to be voted on by the electors at an election shall be filed with the city recorder not less than five business days before the date set by state law for the city recorder to file the measure with the Lane County Elections office.] Section 15 . Sections 2.993, 2.994, 2.996, 2.997 and 2.1000 of the Eugene Code, 1971, are amended to provide: 2.993 [Voter's] Pamphlet. Elections – Voters’ (1) The following definitions apply to sections 2.993 to 2.998: (a) “Measure” means both city measures and school district measures. (b) “City measure” means a proposed city ordinance, [or] charter revision, charter amendment, or a proposition, [or] question or advisory measure placed on the ballot by the council, including a measure referred on the recommendation of the Eugene Water & Electric Board [(EWEB)]. “City measure” also includes municipal Ordinance – Page Page 15 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 legislation, [or] charter [provisions] revisions and charter amendments placed on the ballot by initiative or referendum petition. (c) “School district measure” means a measure placed on the ballot by the school district. (d) “School district” means Eugene School District 4J or Bethel School District 52. (e) School district elector means a resident of the school district qualified to vote under the Oregon Constitution, Article II, section 2. (2) The city manager shall publish and distribute a local [voter's] voters’ pamphlet for each election in which a city measure is on the ballot unless[: (a) The city measure is placed on the ballot by petition or council action occurring less than 55 days before the election date; or (b) T]the council determines that the environmental, economic and social impacts of adoption of the city measure are not substantial enough to warrant the expense of preparation and distribution of a [voter's] voters’ pamphlet. (3) The city manager shall include in a [voter's] voters’ pamphlet published pursuant to subsection (2) of this section statements from candidates in races for city offices (council, mayor, or [EWEB] Eugene Water & Electric Board member) if such statements are submitted by the candidates, together with a fee in the amount of $100.00. [(4) In the event that no city measure is submitted for a vote at an election at which there is a race for a city office, and neither the state nor county publish a voter's pamphlet open to candidates for city offices who have submitted statements pursuant to subsection (3), the city manager shall publish a voter's pamphlet which shall contain such statements.] ([5]) 4 A [voter's] voters’ pamphlet published by the city manager pursuant to subsection [(4)] (3) of this section shall be distributed as provided in section 2.997 of this code [city-wide if a candidate statement included therein is for the office of mayor or EWEB at large member. If the only statements submitted are for city council or EWEB positions, the voter's pamphlet shall be distributed only in the wards for which there are candidates who have submitted statements]. ([6]) 5 Any time a [voter's] voters’ pamphlet is produced under this section, the city manager shall include in the [voter's] voters’ pamphlet any school district measure and any candidate statement for a school board position for which timely notice and payment is received. The contents of a school district measure shall comply with subsection 2.994(1)(a) of this code; the contents of a candidate’s statement shall comply with subsection 2.994[(3)](2) of this code. (a) Timely notice. 1. For notice of a school district measure to be timely, the school district must submit the text of the measure to the city Ordinance – Page Page 16 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 recorder not [less than 55 days prior to the date of the election] later than the second business day following st the 61 day before the date of the election. 2. For notice of a school board candidate’s statement to be timely, the candidate for a school board position must submit the statement to the city recorder not less than [47] 56 days prior to the date of the election. (b) Payment. 1. Prior to the inclusion of a school district measure in the [voter's] voters’ pamphlet, the school district shall agree to pay to the city the cost of the school district’s portion, as determined by the city recorder, of the printing, advertising, mailing, and personnel expenses associated with publishing the [voter's] voters’ pamphlet and distributing it within the city limits. The school district shall agree to pay to the city the full cost of the expenses associated with the distribution of [voter's] voters’ pamphlets outside the city limits. 2. Candidates for school board positions shall pay to the city a fee in the amount of $100 at the time they submit their statements to the city recorder. (c) Submission of arguments for or against school district measure. 1. Written arguments in favor of or in opposition to a school district measure may be submitted by following the procedure described in subsections 2.996(1) and (1)(b) of this code, except that one or more school board members voting in favor of the measure shall be substituted for the city councilors. 2. Additional arguments in favor of or in opposition to a school district measure may be submitted by following the procedure described in subsection 2.996[(2)](4) of this code, except that the required petition signatures shall be those of school district electors. 2.994 [Voter's] Pamphlet - Contents. Elections – Voters’ (1) A [voter's] voters’ pamphlet published under section 2.993 of this code shall contain for each measure the following items in the following order: (a) The ballot title[, question, statement] and text of the measure to be submitted to the electors at the election for which the pamphlet is prepared; (b) One argument in favor of the measure not to exceed 350 words, followed by a rebuttal to the argument not to exceed 200 words; and one argument in opposition to the measure not to exceed 350 words, followed by a rebuttal to the argument not to exceed 200 words. Such arguments and rebuttals shall be submitted in the manner provided in subsection 2.996(1) of this code; Ordinance – Page Page 17 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 (c) Additional arguments in favor of, or in opposition to, the measure may be submitted in the manner provided in subsection 2.996[(2)](4) of this code. Each additional argument shall not exceed 325 words and shall not exceed 3-5/8 inches in width by 8 inches in length. ([3]) 2 Following the information contained in subsection (1) of this section, the [voter's] voters’ pamphlet shall include statements from those candidates for city offices and school board positions who submit such statements and pay the required fee. The statements shall not exceed 325 words and may include a photograph of the candidate. Until such time as the city manager adopts rules governing the size and/or type of candidate information, the city shall apply the criteria adopted by the state relating to candidate information in state [voter's] voters’ pamphlets. ([2]) 3 In addition, the [voter's] voters’ pamphlet also may contain[, either preceding or following the ballot titles and arguments for each measure,] other general information about the election process that may be economically feasible to publish. This information may include, but is not limited to, hours of operation and location of [polling places] sites available for ballot deposit, a sample ballot, requirements for a citizen to qualify as an elector, when an elector is required to re- register, how to register to vote, how an elector may obtain and use an absentee ballot, [a sample ballot,] how and where to obtain a replacement ballot and other relevant information, pictures, figures, and data relevant to the election. 2.996 [Voter's] Pamphlet - Submission of Arguments For or Against Voters’ Measure and Statements from Candidates. (1) Not less than [47] 56 days prior to the date of the election, the written arguments authorized by subsection 2.994(1)(b) of this code in favor of, and in opposition to[,] a measure[,] shall be submitted to the city recorder. [In the event that the election is by mail ballot, the arguments shall be submitted 54 days prior to the date of the election.] Any rebuttals to the arguments shall be submitted [37] not less than 46 days [(44 days for mail ballots)] prior to the date of the election. Such arguments and rebuttals shall be prepared and submitted in the following manner: (a) Citizen-initiated measures. The written argument in favor of the city measure, and the rebuttal to the argument in opposition to the measure, shall be submitted by one or more of the chief petitioners. The written argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by a three-person committee. The committee shall be chosen by the city recorder by lot, at a time and place announced to all applicants, from among persons who file an application for a position on the committee within a time Ordinance – Page Page 18 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 specified by the city recorder after appropriate notice of opportunity to apply. An applicant shall certify under penalty of perjury that he or she is a bona fide opponent to the city measure. If no one applies for appointment to prepare the argument in opposition, the voters' pamphlet shall so state. (b) City council-referred measures. The written argument in favor of the city measure, and the rebuttal to the argument in opposition to the measure, shall be submitted by one or more of the city councilors who voted in favor of the measure; except that in the case of a city measure referred on the recommendation of [EWEB] Eugene Water & Electric Board, one or more members of the [EWEB] Eugene Water & Electric Board voting in favor of the measure shall be substituted for the city councilors. The written argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by a three-person committee chosen in the same manner as provided by paragraph [(1)](a) of this subsection. (c) Citizen-referred measures. The written argument in favor of the city measure, and the rebuttal to the argument in opposition to the measure, shall be submitted by one or more of the city councilors who voted in favor of the ordinance referred. The written argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by one or more of the chief petitioners of the [referral] referendum petition, so long as the persons who submit the argument and rebuttal first certify under penalty of perjury that they are bona fide opponents of the ordinance. If the chief petitioners are not bona fide opponents (e.g., if they merely favor the opportunity to vote on the issue), the argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by a three-person committee chosen in the same manner as provided by paragraph [(1)](a) of this subsection. (2) If one or more members of the committees preparing the arguments or rebuttals cannot agree on a [consensus] committee statement, he or she may write his or her own statement not exceeding [one-third of the total number of words allocated to the argument or] 116 words if the statement is one of argument or 66 words if the statement is one of rebuttal. The length of the [consensus] committee argument or rebuttal, if any, shall be reduced by the same amount. (3) Statements from candidates for city offices shall be submitted not less than 56 days prior to the date of an election. (2) []4 Not less than [47] 56 days prior to the date of an election [(54 days for mail ballots)], additional arguments, authorized by subsection 2.994(1)(c) of this code, in support of, or in opposition to a measure[, authorized by subsection 2.994(1)(c),] may be submitted, providing [the petition submitting the argument is] that each additional Ordinance – Page Page 19 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 argument is accompanied by the signatures of 300 electors [of the city] supporting the argument or [is accompanied] by a fee of $300. (3) [ Statements from candidates for city offices shall be submitted not less than 47 days prior to the date of an election (54 days for mail ballots).] (4) []a Each person signing a petition shall subscribe to a statement that the person has read and agrees with the argument. (5) []b [Signatures on the petition shall be verified by the city recorder or designee by comparing the signatures of the electors on the petition with the signatures of the electors on the elector registration cards.] The city recorder or designee shall verify the signatures on a petition as provided in subsection 2.979(1) of this code. The city recorder or designee shall attach to the petition a certificate stating the number of elector signatures [believed to be genuine] on the petition. A signature [not included in the number certified to be genuine] that is not the signature of an elector shall not be counted by the city recorder for determining compliance with [subsection (2) of] this subsection. (6) []5 The city recorder shall reject any argument or statement which (a) Contains any defamatory language; (b) Contains any language which may not legally be circulated in the mails; or (c) Otherwise does not comply with sections 2.993 to 2.998 of this code. (7) []6 The city recorder shall include in the [voter’s] voters’ pamphlet on [the] each page [of the] containing a printed candidate statement [and] or arguments on a measure, the name of the person who submitted the statement or argument, the name of the organization the person represents, if any, whether the argument supports or opposes the measure, the statement(s) required by subsection 2.996[(2)] (1)(a) and (c) of this code, if applicable, and a disclaimer in substantially the following form: "The printing of this (argument or statement) does not constitute an endorsement by the City of Eugene, nor does the City of Eugene warrant the accuracy or truth of any statement made." 2.997 [Voter's] Pamphlet - Distribution. Voters’ Unless the council has determined that a voters’ pamphlet is not warranted under section 2.993(2) of this code, [N]no later than the 14th day before the election at which a city measure is to be voted upon, the city manager or the manager’s designee shall mail a [voter’s] voters’ pamphlet to each residence within the appropriate geographical area(s) and make voters pamphlets available for public distribution at city hall, the city library, and at other municipal facilities within the city. The appropriate geographical area means the following: (a) For [voter’s] voters’ pamphlets containing city measures or statements from candidates for [city wide offices] mayor or Eugene Water & Electric Board at large member, the city limits of Eugene; Ordinance – Page Page 20 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 (b) For [voter’s] voters’ pamphlets containing school district measures or statements from candidates for school board positions, the boundaries of the school district[; and]. [(c) For voter’s pamphlets containing only statements from candidates for city council or EWEB positions, the wards which those candidates would represent if elected. Voter's pamphlets shall be made available for public distribution at city hall, the city library, and at other municipal facilities within the city.] 2.1000 Elections – [Voting by Mail] . Conduct of Elections [(1) Upon a determination by the council that it is economically and administratively feasible to do so, an election on a measure may be conducted by mail through contract with Lane County or, may be conducted by the city recorder, in the manner set forth in subsections (2) to (11) of this section. (2) If the election by mail is conducted by the city recorder, the city recorder may designate the city recorder's office, or one central location within the city as the single place to obtain a replacement ballot under subsection (5) of this section. The city recorder also shall designate one or more places for deposit of the ballots cast in the election, which shall be open on the date of the election for a period of 12 or more hours, as determined by the city recorder. (3) An official ballot with a return identification envelope and a secrecy envelope shall be mailed by the city recorder not sooner than the 20th day nor later than the 14th day before the date of the election, to each person registered as an elector of the city as of the 21st day before the date of the election. (4) The city recorder shall make the official ballot, return identification envelope and secrecy envelope available only at the city recorder's office or such other place as designated by the city recorder, for an elector who obtains a certification of registration after the 21st day before the date of an election conducted by mail. An elector to whom this subsection applies must vote at the election in the city recorder's office or other place designated by the city recorder. The elector shall mark the ballot, sign the return identification envelope, comply with the instructions provided with the ballot, and return the ballot in the return identification envelope to the city recorder. (5) Notwithstanding subsection (3) of this section, replacement ballots may be mailed not later than the fifth day before the date of the election or obtained in person up until and including the date of the election from the city recorder. (6) The ballot or ballot label shall contain the following warning: Any person who, by use of force or other means, unduly influences an elector to vote in any particular manner or to refrain from voting, is subject, upon conviction, to imprisonment or to a fine, or both. (7) Upon receipt of a ballot pursuant to subsection (3) of this section, the Ordinance – Page Page 21 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 elector shall mark it, sign the return identification envelope supplied with the ballot, and comply with the instructions provided with the ballot. The ballot must be returned in the return identification envelope to the city recorder by United States mail, or by depositing it at the office of the city recorder, or any place of deposit designated by the city recorder. If the elector returns the ballot by mail, the elector must provide the postage. A ballot must be received at the office of the city recorder or the designated place of deposit not later than the end of the period determined under subsection (2) of this section on the date of the election. (8) If a ballot is destroyed, lost, or not received, an elector may obtain a replacement ballot. An elector seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received, and present the statement to the city recorder before the end of the period determined under subsection (2) of this section. The city recorder shall keep a record of each replacement ballot provided under this subsection. (9) A ballot shall be counted only if: (a) It is returned in the return identification envelope; (b) The envelope is signed by the elector to whom the ballot is issued; and (c) The signature is verified as provided in subsection (10) of this section. (10) The city recorder shall verify the signature of each elector on the return identification envelope with the signature on the elector's registration card in accordance with the procedures of section 2.979(2) of this code. If the city recorder determines that an elector to whom a replacement ballot has been issued has voted more than once, the city recorder shall not count any ballot cast by that elector. (11)] Elections shall be conducted in the manner provided by state law. Any ballot and any elector casting a ballot [by mail] may be challenged in the [same] manner [and following the same procedure as a challenge in a non-mail conducted election] provided by state law. Section 16 . Subsection (1) of Section 2.1990 of the Eugene Code, 1971, is amended to provide: 2.1990 Penalties - Specific. (1) Violation of section 2.988 is punishable by a fine not to exceed $500, or confinement in jail not to exceed 100 days, or both fine and imprisonment; in addition, the city attorney, upon request of the city manager, shall institute any necessary civil proceedings to enforce the provisions of section [2.988] 2.989 of this Code. Ordinance – Page Page 22 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 Section 17. 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______________, 2008. ____ day of ________________, 2008. ____________________________ ____________________________ City Recorder Mayor Ordinance – Page Page 23 of 23 07 Election Code Amendments (00186837-10) 2/4/2008 ATTACHMENT B Proposed Revisions to Election Code with Commentary 2.960 Elections - State Law. City elections[,] shall be conducted in accordance with this code and the Eugene Charter 2002. [i]Insofar as not governed by the city charter, [or by] special ordinances or [other sections of] this code, city elections shall be conducted in accordance with the state law governing popular elections. 961 ElectionsAs used in sections 2.960 to 2.1005 of this code, 2. – Definitions. the following words and phrases mean: Candidate. An individual whose name is printed or expected to be printed on the ballot, an individual who campaigns for write-in votes, or an individual who collects or spends money to secure nomination or election to office at any time, even if the specific office is not indicated and the candidate’s name does not appear on a ballot. Certify. With respect to a completed petition means the city recorder’s determination that the completed petition includes all of the information required by law and at least the number of elector signatures required by section 2.972 of this code. Chief petitioner. The elector responsible for the preparation and organization of an initiative or referendum petition. Not more than three electors may be designated as chief petitioners for any one initiative or referendum petition. City attorney. An attorney or law firm appointed by the city manager to provide legal advice to the manager and council on election matters. City office. The office of mayor, city councilor or Eugene Water & Electric Board member. City official. The mayor, a city councilor or a Eugene Water & Electric Board Member. City recorder. The city manager or the manager's designee. Completed petition. An initiative or referendum petition that includes all of the information required by law and at least the number of signatures required by section 2.972 of this code. Conflicting measures. Measures are conflicting when any part of one measure cannot operate concurrently with a provision of the other Proposed Revisions to Election Code with Commentary - Page 1 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) measure or when one or both measures expressly provide that they are intended to be the exclusive enactment for that area of legislation. Elector. A resident of the city qualified to vote under the Oregon Constitution, Article II, section 2. General election. An election held on the first Tuesday after the first Monday in November of each even numbered year, or as otherwise defined by the Oregon Legislative Assembly. Initiative petition. A petition by one or more qualified electors to initiate proposed legislation to be approved or rejected by the electors at an election. Legislation. A law of a permanent or general character which creates policy as opposed to executing policy already in existence, and which is within the meaning of "legislation" as that term is used in Oregon Constitution, Article IV, Section 1(5). Measure. A proposed city ordinance, charter revision, charter amendment, a proposition, question, or advisory measure placed on the ballot by the council, including a measure referred on the recommendation of the Eugene Water & Electric Board. “Measure” also includes municipal legislation, charter revisions and charter amendments placed on the ballot by initiative or referendum petition. Organization. Includes a corporation, association, firm, partnership, joint stock company, club or other combination of individuals having collective capacity. Primary election. An election held on the third Tuesday in May of each even-numbered year, or as otherwise defined by the Oregon Legislative Assembly. Prospective petition. The information, including the text of the proposed measure, required to be included in a completed petition, except signatures and other identification of petition signers. Protected ordinance. An ordinance adopted by initiative in accordance with the Eugene Charter of 2002, section 32-A. A protected ordinance may be amended or repealed only by the electors or by unanimous vote of councilors present and voting at a council meeting. The initiative petition and the ballot measure for a protected ordinance must state that it is proposed as a protected ordinance and must explain the limitations on its repeal or amendment. Proposed Revisions to Election Code with Commentary - Page 2 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) Referendum petition. A petition by one or more qualified electors to refer legislation adopted by the council to the electors for their approval or rejection at an election. [Comment: The proposed amendments to the elections code would move the definitions from section 2.970 to the beginning of the elections code. This reorganization makes for easier reading and ensures that the definitions section applies to the entire elections code and not just the provisions of the code governing initiative and referendum measures. The definitions for “candidate,” “certify,” “chief petitioner,” ”city official,” “general election,” “measure” and “primary election” are new. The definitions of “candidate” and “chief petitioner” are taken directly from state law.] 2.962 Elections - Wards. The city council shall by resolution divide the city into eight wards but neither this requirement nor any action pursuant to it disqualifies, or shortens the term of office of, a member of the council or the Eugene Water & Electric Board. 2.964 Elections - Nomination. (1) A candidate for a city council office representing a particular ward shall be nominated by the [individual] electors [from] residing in that ward. (2) A candidate for a Eugene Water & Electric Board office representing a pair of wards shall be nominated by [individual] the electors [from] residing in those wards. (3) A candidate for the office of mayor or an office on the Eugene Water & Electric Board representing the city at large shall be nominated by [individual] electors [from the entire] who reside in the city. (4) In a year for filling an office referred to in subsection (1), (2), or (3) of this section, a nomination of a candidate for the office shall be conducted in accordance with the state law governing popular elections, except that the nominating petition shall be [filed with] submitted to the city recorder at least [75] 76 days before the first election for filling the office and it shall be signed by 25 [legally qualified] electors who reside in the area to be represented by the office. [For purposes of calculating the filing deadline, the date of the election shall be included in the computation of time.] (5) The city recorder or designee shall verify the signatures on a nominating petition as provided in section 2.979(1) of this code. Any signature which is not the signature of an elector who resides in the area to be represented by the office for which the nominating petition was circulated shall not be counted toward the number of signatures required by subsection (4) of this section. [Comment: The sentence at the end of subsection (4) has been removed because it does not make sense to set a deadline a certain number of days before an election and then include the election date in the computation of time. The proposed amendment to subsection (4) would change the deadline Proposed Revisions to Election Code with Commentary - Page 3 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) for filing a nominating petition to 76 days before the election. The 76 days accounts for 15 days for signature verification and the fact that state law requires the city recorder to submit nominations to Lane County Elections 61 days before an election. Proposed subsection (5) clarifies the process for verification of signatures on a nominating petition and clarifies that signatures from persons who are not electors residing in the appropriate geographical area of the city will not be counted.] 2.965 Elections - Residency . A candidate for a city office must be an [legal] elector [under the laws and constitution of the state] and must have been a resident of the city for at least one year immediately preceding the election that results in election to the office[, and]. A candidate for city office shall maintain his or her residence within the city and the area he or she seeks to represent at the time of nomination and throughout his or her term of office if elected. [Removal of an officer's residence from the city or from the area he or she represents shall create a vacancy in the office for which elected, to] If a city official or candidate for city office fails to maintain his or her residence within the city and the area he or she represents or seeks to represent, he or she shall be removed from office or be ineligible to serve as a city official. The vacancy thus created shall be filled in the manner other vacancies in that office are filled. If a [councilor] city official or candidate for city office has more than one residence, [then] the requirements of this section apply to the principal place of residency, which is the residence where the [person] city official or candidate for city office spends more than 50% of [the] his or her time. 2.966 Elections - Officers. (1) In 2002 and every fourth year thereafter a councilor shall be elected from each of the following wards: (a) Ward 3. (b) Ward 4. (c) Ward 5. (d) Ward 6. (2) In 2004 and every fourth year thereafter a mayor shall be elected from the city at large and a councilor shall be elected from each of the following wards: (a) Ward 1. (b) Ward 2. (c) Ward 7. (d) Ward 8. (3) In 1978 and every fourth year thereafter two members shall be elected to the Eugene Water & Electric Board, one from wards 4 and 5 and one from the city at large. In 1980 and every fourth year thereafter, three members shall be elected to the board, one from wards 1 and 8, one from wards 2 and 3, and one from wards 6 and 7. (4) Except as provided in section 24 of the Eugene Charter, [T]the first Proposed Revisions to Election Code with Commentary - Page 4 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) voting for mayor, councilor, or [EWEB] Eugene Water & Electric Board member during a year shall take place at an election held at the same time [and places in the city] as the statewide primary election that year. (5) If at the primary election one candidate for a city office receives a majority of the votes cast for [all candidates for] that office, that candidate shall be the only one whose name appears on the ballot [for] at the [November] general election that year as a candidate for that particular office. (6) If at the primary election no [such] candidate receives [such] a majority of votes cast for the office, the two candidates receiving the two highest numbers of votes cast for the office shall be the only [ones] candidates whose names appear on the ballot [for] at the [November] general election that year as candidates for that particular office. (7) The candidate who receives a majority of the votes cast [at the November election] for the office at the general election is elected to that office and is entitled to a certificate of election thereto. (8) A candidate who has been elected to office at the November election shall take office upon the later of: (a) Filing of the oath or affirmation of office; or (b) The first Monday in January following the election. 2.968 Elections - Eugene Water & Electric Board - Composition. (1) [Each member elected to the board before 1976 has the term of office thereon for which so elected.] Except as subsection (2) of this section provides to the contrary, each member elected to the Eugene Water & Electric Board [board during or after 1976] has a term of office thereon of four years. (2) The board may fill a vacant office thereon by appointing thereto a person from the same constituency as the member who [has] last occupied that office. If [that] an elected member leaves the office vacant less than 14 months after the member’s term on the board begins, at the next primary and general [November] elections after the vacancy occurs, a member shall be elected to the vacant office from the same constituency as the member who [has] last occupied that office. st The term of office of the person so elected begins [the first] January 1 of the immediately ensuing year and continues for two years. [Comment: The procedure for filling vacancies on the council and in other elective offices is outlined in Section 24 of the Eugene Charter, 2002.] 2.970 Submissions During Business Hours. Prospective and completed petitions must be submitted to the city recorder in person at the office of the city recorder during regular business hours. [Elections - Initiative and Referendum, Preamble and Definitions. The initiative and referendum powers of the city and its electors shall be Proposed Revisions to Election Code with Commentary - Page 5 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) exercised in accordance with sections 2.971 to 2.988 of this code and not otherwise. State statutes governing exercise of the initiative and referendum do not apply to exercise of these powers by the city or its electors. As used in sections 2.971 to 2.988 of this code, the following words and phrases mean: City attorney. A person or law firm appointed by the city manager to provide legal advice to the manager and council on election matters. City office. The office of mayor, city councilor or Eugene Water and Electric Board member City recorde. r The city manager or the manager's designee. Completed petition. An initiative or referendum petition containing all of the information required by law and containing at least the number of elector signatures required by section 2.972 of this code. Conflicting measures. Measures are conflicting when any part of one measure cannot operate concurrently with a provision of the other measure or when one or both measures expressly provide that they are intended to be the exclusive enactment for that area of legislation. Elector. A resident of the city qualified to vote under Oregon Constitution, Article II, Section 2. Initiative petition. A petition by one or more qualified electors to initiate proposed legislation to be adopted at an election. Legislation. A law of a permanent or general character which creates policy as opposed to executing policy already in existence, and which is within the meaning of "legislation" as that term is used in Oregon Constitution, Article IV, Section 1(5). "Legislation" includes both ordinances and charter amendments or revisions. Organization . Includes a corporation, association, firm, partnership, joint stock company, club or other combination of individuals having collective capacity. Prospective petition. The information, including the proposed measure, except signatures and other identification of petition signers, required to be contained in a completed petition. Protected ordinance. An ordinance adopted by initiative in accordance with the Eugene Charter of 2002, section 32-A. A protected ordinance may be amended or repealed only by the electors or by unanimous vote of councilors Proposed Revisions to Election Code with Commentary - Page 6 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) present and voting at a council meeting. The initiative petition and the ballot measure for a protected ordinance must state that it is proposed as a protected ordinance and must explain the limitations on its repeal or amendment. Referendum petition. A petition by one or more qualified electors to refer legislation adopted by the council to the voters for their approval or rejection at an election.] [Comment: The definitions were moved to section 2.961 because the definitions apply to the entire elections code and not just the provisions governing initiative and referendum measures. The first few sentences of EC 2.970 were repealed because by requiring that city initiatives and referenda be conducted only in accordance with the Code, the provision created gaps in the law in areas where the Code did not apply. The text inserted in new section 2.961 provides that the Code and Charter control city initiatives and referenda, but also provides that where the Code and Charter do not speak to an issue, state law will fill that gap.] 2.971 Elections - Initiative and Referendum, Manner of Initiating or Referring Legislation. (1) [Electors] Any elector may initiate proposed legislation by [filing with] submitting [the city recorder] a completed initiative petition proposing the legislation [and requesting it be submitted to the electors of the city] to the city recorder. (2) [Electors] Any elector may refer council legislation to the electors by [filing] submitting a completed referendum petition [with] to the city recorder prior to the effective date of the legislation[, requesting that the legislation be submitted to the electors]. (3) The council may order submission of proposed or adopted legislation to the electors. (4) An ordinance [passed] for which a prospective referendum petition has been submitted to the city recorder [by the council and referred by the electors under section 2.981 of this code, shall] does not take effect during the period of signature collection and signature verification, and if petitioners collect the number of elector signatures required under section 2.972 of this code, the ordinance shall not take effect except as provided in section [2.986] 2.987 of this code. [Comment: The new language in subsection (4) of this section was added to clarify that referred legislation does not take effect during the period of signature verification. This clarification echoes an opinion by the Attorney General that referred legislation may not take effect during the period of signature verification.] 2.972 Elections - Initiative and Referendum, Requisite Number of Signatures. Proposed Revisions to Election Code with Commentary - Page 7 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) 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 the office of mayor at the mayoral election last preceding the date when circulation of the petition begins. 2.973 Elections - Initiative and Referendum, [Form of] Petition Prospective . (1) An initiative or referendum petition shall be in the form prescribed by the city recorder. (2) [ The chief petitioners shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the city recorder not later than the tenth day after any of the chief petitioners first has knowledge or should have had knowledge that: (a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid. (3) Signature Sheets on Initiative Petition. On an initiative petition, each signature sheet shall contain the caption of the ballot title issued pursuant to section 2.977. (4) Signature Sheets on Referendum Petition. On a referendum petition, each signature sheet shall contain either the caption of the ballot title or the title of the ordinance to be referred. (5) The reverse side of the cover of an initiative or referendum petition and both sides of a signature sheet may be used for obtaining signatures on an initiative or referendum petition. If both sides of a signature sheet are used, each side shall contain the information required on a signature sheet under subsection (2) of this section. (6) Not more than 20 signatures on the cover or on each side of each sheet of the initiative or referendum petition shall be counted. The cover of the initiative or referendum petition, if the cover is used to gather signatures, and each signature sheet shall be verified on its face by the signed statement of the circulator that the individuals signed the cover or sheet in the presence of the circulator, on the date indicated, and that the circulator believes each individual is an elector registered in the city. Such verification shall be on a form prescribed by the city recorder. (7) Each person collecting signatures must carry at least one complete and correct copy of the text of the initiative measure or ordinance being referred and must allow any person to review the text upon request.] (2) When a prospective petition is submitted to the city recorder, the city recorder shall immediately determine whether the prospective petition is in the proper form, including but not limited to Proposed Revisions to Election Code with Commentary - Page 8 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) compliance with the requirements of subsection 2.974(a) of this code, and; (a) If the prospective petition is not in the proper form, return the prospective petition to the person submitting it and advise that person what the defects are; (b) If the prospective petition is in the proper form: 1. Advise the person submitting the prospective petition of the number of signatures necessary to place the petition on the ballot; 2. Advise the person submitting the petition of the deadlines in subsection 2.974(d) of this code; 3. Specify the size and kind of paper on which the prospective petition is to be duplicated; 4. Date and time stamp the prospective petition; and 5. Initial the prospective petition and approve it for circulation. (3) On the next business day after a prospective petition in the proper form is submitted to the city recorder, the city recorder shall transmit a copy of the prospective petition to the city attorney for review and action under section 2.977 of this code. (4) The prospective petition shall include a statement signed by the chief petitioner(s) declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures on the initiative or referendum petition. Once the prospective petition is approved for circulation, the chief petitioners shall notify the city recorder not later than the tenth day after any of the chief petitioners first has knowledge or should have had knowledge that: (a) Any person is being compensated for obtaining signatures, if the statement included with the prospective petition declared that no such person would be compensated. (b) No person is being compensated for obtaining signatures, if the statement included with the prospective petition declared that one or more such persons would be compensated. [Comment: 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 citizens 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 clear, step-by-step chronological process for submitting prospective petitions and gathering signatures. This should make the code easier for citizens to understand and use.] 2.97[6] Elections - Initiative and Referendum, [Procedure Prior to Circulation of 4 Petition] . [(1)] Petition Requirements[Presentation.] No completed initiative or referendum petition may be filed with the city recorder unless: Proposed Revisions to Election Code with Commentary - Page 9 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) (a) Prior to its circulation a prospective petition [is filed with] was submitted to the city recorder [containing]. The prospective petition must contain a copy of the legislation sought to be submitted to the electors and a signed statement on the face of the petition of the names and addresses of not more than three [persons or entities under whose sponsorship the petition has been prepared and is to be circulated] chief petitioners. If [the sponsor of the petition] one or more of the chief petitioners is an organization, the prospective petition shall disclose [its] the name and address [and] of the organization, the name and address of each of the principal officers of the organization and the signature of the chief officer of the organization; (b) As circulated, the prospective petition complies with the city recorder's specifications [listed below] and the requirements of this code, contains the caption or ordinance title required by section [2.973(3)] 2.975 of this code, and contains the names and addresses of the [sponsors of the petition] chief petitioners; (c) The date of the first [signature on the petition is affixed] signature on the petition is no later than 90 days after the issuance of the ballot title on the measure; and (d) The completed petition is [filed with] submitted to the city recorder for [certification and approval] signature verification no later than 100 days after the date of the first signature on the petition [is affixed]. A completed referendum petition shall be [filed] submitted to the city recorder by that time or by the effective date of the legislation sought to be referred [takes effect], whichever is earlier. [(2) Specifications and Referral for Ballot Title. When a prospective petition is filed, the city recorder shall immediately: (a) Determine whether the petition is in the proper form; (b) Advise the person presenting the petition whether it is in proper form and, if it is not, what the defects are; (c) Advise the person depositing the petition of the election filing deadline provided by section 2.992 of this code; (d) Specify the mode of duplicating the petition and the size and kind of paper on which it is to be duplicated; and (e) Transmit a copy of the petition to the city attorney for review and action under section 2.977 of this code.] [Comment: See comment to section 2.973. The proposed revisions to section 2.974 do not change the time lines for signature gathering.] 2.975 Elections – Form of Petition and Signature Requirements. (1) Signature sheets for an initiative or referendum petition shall be double-sided. (2) The front side of each signature sheet shall contain: (a) The names and residence addresses of all chief petitioners; (b) Instructions adopted by the Secretary of State for persons obtaining signatures on the petition; and Proposed Revisions to Election Code with Commentary - Page 10 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) (c) If the petition is an initiative petition, the caption of the ballot title issued pursuant to section 2.977 of this code; (d) If the petition is a referendum petition, either the caption of the ballot title issued pursuant to section 2.977 of this code or the title of the ordinance to be referred. (3) The reverse side of an initiative or referendum petition shall: (a) Be used for obtaining signatures; (b) If the petition is an initiative petition, include the caption of the ballot title for the initiative measure; (c) If the petition is a referendum petition, include the number of the ordinance to be referred and the date it was adopted by the council. (d) If one or more persons will be paid for obtaining signatures on the petition, contain a notice stating: “Some circulators for this petition are being paid.” (4) Not more than 20 signatures on each signature sheet of the initiative or referendum petition shall be counted. The circulator shall certify on each signature sheet that the circulator: (a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and (b) Believes each individual is an elector registered in the city. (5) Each person collecting signatures must carry at least one complete and correct copy of the text of the initiative measure or the ordinance being referred and must allow any person to review the text upon request. [Comment: See comment to section 2.973. The proposed revisions to subsection (4) of this section incorporate new state law requirements for signature gatherers.] 2.977 Elections - Initiative and Referendum, Preparation of Ballot Title; Appeal. (1) Within five business days following the city attorney's receipt of a prospective petition for an [initiated] initiative or referendum measure, the city attorney shall review the prospective petition for legal sufficiency, and, if appropriate, issue a ballot title. (a) If the city attorney determines that the prospective petition is legally insufficient, the city attorney shall inform the city recorder in writing of the reasons for that determination. The city recorder shall return the prospective petition to the [person presenting the petition]chief petitioners, along with a copy of the city attorney's written determination. (b) If the city attorney determines that the prospective petition is legally sufficient, the city attorney shall prepare a ballot title and deliver it to the city recorder. The city recorder shall provide a Proposed Revisions to Election Code with Commentary - Page 11 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) copy of the ballot title to the chief petitioners. (2) Within five business days following the council's decision to submit legislation to the electors under subsection [(3) of section] 2.971(3) of this code, the city attorney shall prepare a ballot title and deliver it to the city recorder. (3) The ballot title of any measure to be initiated or referred shall comply with the state statutes in effect at the time the ballot title is prepared. The ballot title shall not resemble, to the extent it creates confusion, any ballot title previously [filed] prepared for a measure to be submitted to the electors at [that] the same election. (4) Upon receiving a ballot title for a city measure from the city attorney, the city recorder shall publish in the next available edition of a newspaper of general circulation in the city a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in subsection (5) of this section. ([4]) 5 An elector dissatisfied with the ballot title may, within [five] seven business days after it is delivered to the city recorder, [deposit at the office of the city recorder a written appeal to the council requesting a different ballot title for the measure and stating why the title prepared by the city attorney is unsatisfactory. Within ten business days after the ballot title is delivered to the city recorder, the council shall afford the appellant a hearing and either approve the ballot title or prescribe another ballot title for the measure] petition the Lane County Circuit Court seeking a different ballot title and stating the reasons that the title prepared by the city attorney is insufficient, not concise or unfair. The petition shall name the city attorney as respondent. The court shall review the ballot title and measure to be initiated or referred, hear arguments, if any, and certify to the city recorder a ballot title for the measure which meets the requirements of state statutes in effect at the time the ballot title is prepared. [The title thus adopted shall be the ballot title for the measure.] [Comment: The changes in the ballot title challenge process contained in section 2.977(5) were made in order to comply with the Secretary of State’s directive to county elections officials not to accept city council referred measures that have not complied with the ballot title challenge process outlined in state law. County elections officials will accept initiative and referendum petitions that comply with the ballot title challenge process as provided in the Code, but rather than use two separate processes, one for council referrals and the other for initiative and referendum petitions, in the interests of uniformity and ease of administration, staff suggests that council adopt the state ballot title challenge process for all city measures. The proposed changes also ensure petitioners are aware of the contents of the ballot title for their petition and that the public is informed about initiative and referendum petitions by requiring that the Proposed Revisions to Election Code with Commentary - Page 12 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) city recorder provide copies of the ballot title to petitioners and publish the ballot title in a newspaper of general circulation.] 2.979 Elections - Initiative and Referendum, Verification of Signatures , . Completed Petition (1) A[n] completed initiative or referendum petition shall be [filed with] submitted to the city recorder for signature verification. The city recorder may not accept for signature verification any petition sheets that do not comply with the requirements contained in state statute and this code for signature sheets. Within 15 days of [such filing] submission of a completed initiative or referendum petition for signature verification, the city recorder or the recorder's designee shall, by reference to the records in the Lane County Elections office, verify the number and genuineness of the signatures and the voting qualifications of the signers; and, if electors in a number sufficient under section 2.972 of this code have signed the petition, the city recorder shall so certify [and accept] the petition. If the city recorder determines that [there is] the petition contains an insufficient number of elector signatures, the petition shall be returned to [its sponsor] the chief petitioners. (2) If the number of elector signatures required under section 2.972 of this code [number of signatures] exceeds 4,500, the city recorder or designee may utilize the statistical sampling technique established by rule of the Secretary of State to [verify] determine whether a petition contains the required number of elector signatures [of electors]. If signatures on an initiative or referendum petition are verified [under] using this procedure, a petition may not be rejected for the reason that it contains [less] fewer than the required number of elector signatures unless two separate sampling processes establish the lack of requisite signatures. The second sampling must contain a larger number of signatures than the first sampling. 2.980 Elections - Initiative and Referendum, Presentation of Initiative Measure to Council. (1) No later than 20 days after [verification of signatures on a] the city recorder certifies a completed initiative or referendum petition [for a measure], the city manager shall present the petition to the council for consideration. At that time, or thereafter, the council may: (a) Adopt an ordinance proposed by an initiative petition; (b) Repeal an ordinance referred by referendum petition; (c) Vote to urge adoption or defeat of the initiated or referred measure; [or] (d) Order submission of an alternative measure or measures to be voted upon at the same election as the initiated or referred measure. [Council action to adopt an ordinance proposed by an initiative petition or to Proposed Revisions to Election Code with Commentary - Page 13 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) repeal an ordinance referred by a referendum petition shall occur no later than 60 days after verification of signatures on the petition for the measure.] (2) During the 61 day period prior to an election on an initiative or referendum measure the council shall refrain from adopting an ordinance proposed by an initiative petition or repealing an ordinance referred by a referendum petition. [Comment: The proposed revisions to section 2.980 attempt to relate the current language to the relevant elections event, which is the date of the election itself, not the date of verification of signatures on the petition. State law requires the city recorder to submit city measures to the county elections st officer not later than the 61 day before an election. Once a measure is submitted to the county elections officer, it is effectively guaranteed to be printed on the ballot. If council were to adopt an ordinance proposed by an initiative petition or repeal an ordinance referred by a referendum petition and the initiative or referendum measure remained on the ballot, elector confusion and potential legal problems (especially if council approved an ordinance that the voters subsequently rejected) could result.] 2.981Elections - Initiative and Referendum, Voting on Measure . (1) Initiative. (a) A charter or charter amendment or revision proposed by initiative petition, a protected ordinance proposed by initiative petition, and an ordinance proposed by initiative petition but not enacted in accordance with section 2.980 of this code, shall be submitted to the electors. (b) The time for voting on an initiative measure submitted to the electors under subsection (1) of this section shall be the first primary or general election held more than 90 days after the city recorder’s certification [and acceptance] of the completed petition under section 2.979 of this code, unless the council calls an earlier [special] election on the measure. The [special] election called by the council may not be held earlier than 66 days after the city recorder’s certification [and acceptance] of the completed petition. (2) Referendum. (a) An ordinance referred by petition but not repealed in accordance with section 2.980 of this code shall be submitted to the electors. (b) An election on legislation referred to the electors by petition shall be held on the next available election date [under state law] as described in ORS 221.230(1) or successor statutes that is not sooner than the 90th day after the city recorder’s certification [and acceptance] of the completed referendum petition under section 2.979 of this code, unless the council calls an earlier [special] or later election on the measure. The [special] election called by the council may not be held earlier than 66 days after Proposed Revisions to Election Code with Commentary - Page 14 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) the city recorder’s certification [and acceptance] of the completed petition. (3) Legislation Referred by Council. [A special election that is to be conducted in accordance with the procedures of section 2.1000 of this code on legislation referred to the electors by the council may be held at any date that is at least 66 days from the date the council orders submission of the legislation.] The time for voting on legislation referred to the electors by the council shall be the first primary or general election held more than 90 days after the date that council orders the legislation referred under section 2.971 of this code, unless the council calls an earlier election on the measure. In any event, an election on a council-referred measure may not be held earlier than 90 days after the date that council orders the legislation referred. [Comment: Initiative Measures: Subsection (1) of this section does not contain any substantive changes to the timing of elections on initiative measures. The language of subsection (1) continues to default elections on initiative measures to the same dates as statewide primary or general elections. This both reduces the City’s costs related to conducting the election and maximizes potential voter turnout. The proposed language also gives the council the flexibility to call an earlier election if the council so chooses. Referendum Measures: The proposed amendment to subsection (2) creates the most substantive change to elections timing. Subsection (2) currently requires that an election on legislation referred to the voters by a referendum petition generally shall be held on the th next available election date under state law not sooner than the 90 day after the certification of the petition (March, May, September or November). The next available election date under state law could be the date of an election where nothing else is on the ballot, which would mean that the City would bear the full cost of the election. The proposed amendment to subsection (2) would allow, but not require, the council to refer the measure to a later election date (presumably when the cost to the City would be less and voter turnout would be greater). Even if the council refers the measure to a later election, under no circumstances will the referred ordinance take effect before it is approved by the voters at an election. Council Referred Measures: The proposed amendments to subsection (3) account for the fact that all elections are now conducted by mail. The new language in subsection (3) was inserted to allow council to hold an election on a council-referred measure at a statewide primary or general election, in order to keep the city’s cost to a minimum. Subsection (3) still allows council to call an election on a date other than a primary or general election if council so chooses. The proposed language for subsection (3) clarifies that council may not refer a measure to an election to be held sooner than 90 days from the date Proposed Revisions to Election Code with Commentary - Page 15 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) of referral because a referral to an earlier election would not allow enough time to complete the state law ballot title challenge process now mandated by the Secretary of State for council-referred measures. ] 2.982 Elections - Initiative and Referendum, Furnishing Information to County Clerk. Where legislation is to be voted on at an election, the date of which is prescribed by state law, the city recorder shall submit to the Lane County elections clerk, in accordance with the time limit established by state law for the submission, a certified copy of the ballot title. 2.983 Elections - Initiative and Referendum, Designation on Ballot. Legislation submitted under this chapter shall appear on the ballot by ballot title only. Initiative measures shall be distinguished from referendum measures. 2.9[90] Elections - Notice. 84 The city recorder shall give 10 days' notice of an election by one publication of the notice in a newspaper [published and] of general circulation in the city[, or by posting either printed or typewritten versions of the notice for at least 10 days in three public places in the city. The city recorder shall determine whether the notice shall be published or posted, unless the council directs otherwise in calling the election]. The notice need not set forth in full any measure to be submitted to the electors at the election, but the notice shall state the ballot title of [the] each measure. [Comment: The city recorder’s practice is to always publish notice of an election in a newspaper of general circulation in the city. Posting notice of an election in three places in the city is an antiquated form of notice and arguably inadequate to notice an election. The proposed amendments to this section would still allow the city recorder to post notice of an election in addition to publication of notice in the newspaper.] 2.98[4] Elections - Initiative and Referendum, Election Returns. 5 The votes on a measure shall be counted, canvassed and returned as follows: (a) In case of an election held at a time prescribed by state law, in the same manner as other votes cast at such an election in the city. (b) In case of special elections held at other times, in the manner prescribed by the city manager. 2.98[5] Elections - Initiative and Referendum, Proclamation by Mayor. 6 (1) [Immediately u]Upon completion of the canvass of votes on a measure submitted pursuant to this chapter, the mayor shall issue a proclamation: (a) Recapitulating the vote on the measure; and[.] (b) [Declaring whether] If the majority of votes cast on the measure were in favor of the measure, [shows a majority of those who voted on the measure to be in favor of it; and (c) In case a majority of them favor the measure,] announcing the effective date of the legislation in accordance with section [2.986] Proposed Revisions to Election Code with Commentary - Page 16 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) 2.987 of this code. (2) The city recorder shall give public notice of the proclamation by release to the media or by posting a copy thereof at the city hall. (3) The proclamation shall be [filed] retained with the measure in the office of the city recorder. 2.98[6] Elections - Initiative and Referendum, Effective Date of Measure 7. A measure which has been approved by a majority of the electors who voted on the measure takes effect upon the mayor's proclamation that the measure has passed, or at a later date, if specified in the measure. 2.98[7] Elections - Initiative and Referendum, Conflicting Measures. 8 Of two conflicting measures approved by the electors at the same election, the measure receiving the greater number of affirmative votes shall be deemed approved and the other measure deemed not approved. 2.98[8] Elections - Initiative and Referendum, Unlawful Acts. 9 (1) No person other than an [city] elector shall knowingly sign a city initiative or referendum petition. (2) No person shall sign [such] a city initiative or referendum petition with a name not his or her own. (3) No person shall sign his or her name to [such] a city initiative or referendum petition with knowledge of previously signing the petition. (4) No person shall circulate or [file with] submit to the city recorder a city initiative or referendum petition which to his or her knowledge contains a signature signed in violation of this chapter. (5) No person shall procure or attempt to procure a signature to [such] a city initiative or referendum petition by fraud. (6) No person shall make a statement concerning [such] a city initiative or referendum petition that the person knows to be false. (7) No person shall knowingly make a document under this chapter that contains a false statement. (8) No city officer shall willfully violate a provision of this chapter. [2.992 Elections - Filing of Measures. All measures to be voted on by the electors at an election shall be filed with the city recorder not less than five business days before the date set by state law for the city recorder to file the measure with the Lane County Elections office.] [Comment: The city recorder could not think of a situation where it would be necessary to require that measures be filed in her office five days before they were due to Lane County Elections, so the Code section was removed.] Proposed Revisions to Election Code with Commentary - Page 17 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) [Comment: The proposed changes to sections 2.993 through 2.1000 include grammatical corrections (changing “voter’s pamphlet” to “voters’ pamphlet”), eliminate references to polling places since all city elections are now conducted by mail, and standardize requirements for voters’ pamphlet submissions related to city and school district measures and candidates.] 2.993 [Voter's] Pamphlet. Elections – Voters’ (1) The following definitions apply to sections 2.993 to 2.998: (a) “Measure” means both city measures and school district measures. (b) “City measure” means a proposed city ordinance, [or] charter revision, charter amendment, or a proposition, [or] question or advisory measure placed on the ballot by the council, including a measure referred on the recommendation of the Eugene Water & Electric Board [(EWEB)]. “City measure” also includes municipal legislation, [or] charter [provisions] revisions and charter amendments placed on the ballot by initiative or referendum petition. (c) “School district measure” means a measure placed on the ballot by the school district. (d) “School district” means Eugene School District 4J or Bethel School District 52. (e) School district elector means a resident of the school district qualified to vote under the Oregon Constitution, Article II, section 2. (2) The city manager shall publish and distribute a local [voter's] voters’ pamphlet for each election in which a city measure is on the ballot unless[: (a) The city measure is placed on the ballot by petition or council action occurring less than 55 days before the election date; or (b) T]the council determines that the environmental, economic and social impacts of adoption of the city measure are not substantial enough to warrant the expense of preparation and distribution of a [voter's] voters’ pamphlet. (3) The city manager shall include in a [voter's] voters’ pamphlet published pursuant to subsection (2) of this section statements from candidates in races for city offices (council, mayor, or [EWEB] Eugene Water & Electric Board member) if such statements are submitted by the candidates, together with a fee in the amount of $100.00. [(4) In the event that no city measure is submitted for a vote at an election at which there is a race for a city office, and neither the state nor county publish a voter's pamphlet open to candidates for city offices who have submitted statements pursuant to subsection (3), the city manager shall publish a voter's pamphlet which shall contain such statements.] [Comment: The state voters’ pamphlet is open to candidates for Eugene Proposed Revisions to Election Code with Commentary - Page 18 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) mayor and city council, so the deleted provision would require the City to publish a voters’ pamphlet solely for candidates for the EWEB Board.] ([5]) 4 A [voter's] voters’ pamphlet published by the city manager pursuant to subsection [(4)] (3) of this section shall be distributed as provided in section 2.997 of this code [city-wide if a candidate statement included therein is for the office of mayor or EWEB at large member. If the only statements submitted are for city council or EWEB positions, the voter's pamphlet shall be distributed only in the wards for which there are candidates who have submitted statements]. [Comment: As noted above, the state voters’ pamphlet is open to candidates for Eugene mayor and city council. Staff assumes that Council would not want the City to incur the expense of publishing a voters’ pamphlet that contained only statements from EWEB candidates, so the provision has been removed.] ([6]) 5 Any time a [voter's] voters’ pamphlet is produced under this section, the city manager shall include in the [voter's] voters’ pamphlet any school district measure and any candidate statement for a school board position for which timely notice and payment is received. The contents of a school district measure shall comply with subsection 2.994(1)(a) of this code; the contents of a candidate’s statement shall comply with subsection 2.994[(3)](2) of this code. (a) Timely notice. 1. For notice of a school district measure to be timely, the school district must submit the text of the measure to the city recorder not [less than 55 days prior to the date of the election] later than the second business day following st the 61 day before the date of the election. 2. For notice of a school board candidate’s statement to be timely, the candidate for a school board position must submit the statement to the city recorder not less than [47] 56 days prior to the date of the election. (b) Payment. 1. Prior to the inclusion of a school district measure in the [voter's] voters’ pamphlet, the school district shall agree to pay to the city the cost of the school district’s portion, as determined by the city recorder, of the printing, advertising, mailing, and personnel expenses associated with publishing the [voter's] voters’ pamphlet and distributing it within the city limits. The school district shall agree to pay to the city the full cost of the expenses associated with the distribution of [voter's] voters’ pamphlets outside the city limits. 2. Candidates for school board positions shall pay to the city a fee in the amount of $100 at the time they submit their statements to the city recorder. Proposed Revisions to Election Code with Commentary - Page 19 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) (c) Submission of arguments for or against school district measure. 1. Written arguments in favor of or in opposition to a school district measure may be submitted by following the procedure described in subsections 2.996(1) and (1)(b) of this code, except that one or more school board members voting in favor of the measure shall be substituted for the city councilors. 2. Additional arguments in favor of or in opposition to a school district measure may be submitted by following the procedure described in subsection 2.996[(2)](4) of this code, except that the required petition signatures shall be those of school district electors. [Comment: The notice deadlines for school district measures and candidates have been changed to echo the notice dates for City measures and candidates (56 days before an election). The notice deadlines have been changed from 47 days before an election to 56 days before the election because city elections are no longer conducted at polling places but instead are conducted by mail, and 56 days is exactly eight weeks before the election – a round number that staff felt would be easy for candidates and persons submitting arguments to keep track of.] 2.994 [Voter's] Pamphlet - Contents. Elections – Voters’ (1) A [voter's] voters’ pamphlet published under section 2.993 of this code shall contain for each measure the following items in the following order: (a) The ballot title[, question, statement] and text of the measure to be submitted to the electors at the election for which the pamphlet is prepared; (b) One argument in favor of the measure not to exceed 350 words, followed by a rebuttal to the argument not to exceed 200 words; and one argument in opposition to the measure not to exceed 350 words, followed by a rebuttal to the argument not to exceed 200 words. Such arguments and rebuttals shall be submitted in the manner provided in subsection 2.996(1) of this code; (c) Additional arguments in favor of, or in opposition to, the measure may be submitted in the manner provided in subsection 2.996[(2)](4) of this code. Each additional argument shall not exceed 325 words and shall not exceed 3-5/8 inches in width by 8 inches in length. ([3]) 2 Following the information contained in subsection (1) of this section, the [voter's] voters’ pamphlet shall include statements from those candidates for city offices and school board positions who submit such statements and pay the required fee. The statements shall not exceed 325 words and may include a photograph of the candidate. Until such time as the city manager adopts rules governing the size Proposed Revisions to Election Code with Commentary - Page 20 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) and/or type of candidate information, the city shall apply the criteria adopted by the state relating to candidate information in state [voter's] voters’ pamphlets. ([2]) 3 In addition, the [voter's] voters’ pamphlet also may contain[, either preceding or following the ballot titles and arguments for each measure,] other general information about the election process that may be economically feasible to publish. This information may include, but is not limited to, hours of operation and location of [polling places] sites available for ballot deposit, a sample ballot, requirements for a citizen to qualify as an elector, when an elector is required to re- register, how to register to vote, how an elector may obtain and use an absentee ballot, [a sample ballot,] how and where to obtain a replacement ballot and other relevant information, pictures, figures, and data relevant to the election. [Comment: The proposed amendments to section 2.994(1)(c) limit additional arguments to 325 words, which is the word limit imposed on candidate statements under the requirements of the current code. The proposed revisions attempt to take into account technological advances which, through reduced font size, could allow extremely long arguments to fit within the space limitations contained in current code and negatively impact readability of the argument. The proposed amendments attempt to ensure readability of arguments and citizens’ access to information while allowing interested parties space to make their arguments.] 2.996 [Voter's] Pamphlet - Submission of Arguments For or Against Voters’ Measure and Statements from Candidates. (1) Not less than [47] 56 days prior to the date of the election, the written arguments authorized by subsection 2.994(1)(b) of this code in favor of, and in opposition to[,] a measure[,] shall be submitted to the city recorder. [In the event that the election is by mail ballot, the arguments shall be submitted 54 days prior to the date of the election.] Any rebuttals to the arguments shall be submitted [37] not less than 46 days [(44 days for mail ballots)] prior to the date of the election. Such arguments and rebuttals shall be prepared and submitted in the following manner: (a) Citizen-initiated measures. The written argument in favor of the city measure, and the rebuttal to the argument in opposition to the measure, shall be submitted by one or more of the chief petitioners. The written argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by a three-person committee. The committee shall be chosen by the city recorder by lot, at a time and place announced to all applicants, from among persons who file an application for a position on the committee within a time specified by the city recorder after appropriate notice of opportunity to apply. An applicant shall certify under penalty of Proposed Revisions to Election Code with Commentary - Page 21 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) perjury that he or she is a bona fide opponent to the city measure. If no one applies for appointment to prepare the argument in opposition, the voters' pamphlet shall so state. (b) City council-referred measures. The written argument in favor of the city measure, and the rebuttal to the argument in opposition to the measure, shall be submitted by one or more of the city councilors who voted in favor of the measure; except that in the case of a city measure referred on the recommendation of [EWEB] Eugene Water & Electric Board, one or more members of the [EWEB] Eugene Water & Electric Board voting in favor of the measure shall be substituted for the city councilors. The written argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by a three-person committee chosen in the same manner as provided by paragraph [(1)](a) of this subsection. (c) Citizen-referred measures. The written argument in favor of the city measure, and the rebuttal to the argument in opposition to the measure, shall be submitted by one or more of the city councilors who voted in favor of the ordinance referred. The written argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by one or more of the chief petitioners of the [referral] referendum petition, so long as the persons who submit the argument and rebuttal first certify under penalty of perjury that they are bona fide opponents of the ordinance. If the chief petitioners are not bona fide opponents (e.g., if they merely favor the opportunity to vote on the issue), the argument in opposition to the city measure, and the rebuttal to the argument in support of the measure, shall be submitted by a three-person committee chosen in the same manner as provided by paragraph [(1)](a) of this subsection. (2) If one or more members of the committees preparing the arguments or rebuttals cannot agree on a [consensus] committee statement, he or she may write his or her own statement not exceeding [one-third of the total number of words allocated to the argument or] 116 words if the statement is one of argument or 66 words if the statement is one of rebuttal. The length of the [consensus] committee argument or rebuttal, if any, shall be reduced by the same amount. [Comment: The substance of subsection (2) has not changed. The subsection was amended to provide clarity around the number of words allowed in non-committee statements because neither the word limit for arguments (350 words) nor the word limit for rebuttals (200) divides evenly by three.] (3) Statements from candidates for city offices shall be submitted not less than 56 days prior to the date of an election. (2) []4 Not less than [47] 56 days prior to the date of an election [(54 days for mail ballots)], additional arguments, authorized by subsection Proposed Revisions to Election Code with Commentary - Page 22 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) 2.994(1)(c) of this code, in support of, or in opposition to a measure[, authorized by subsection 2.994(1)(c),] may be submitted, providing [the petition submitting the argument is] that each additional argument is accompanied by the signatures of 300 electors [of the city] supporting the argument or [is accompanied] by a fee of $300. [Comment: The notice deadlines have been changed from 47 to 56 days before the election because city elections are no longer conducted at polling places but instead are conducted by mail, and 56 days is exactly eight weeks before the election – a round number that staff felt would be easy for candidates and persons wishing to submit arguments to keep track of.] (3) [ Statements from candidates for city offices shall be submitted not less than 47 days prior to the date of an election (54 days for mail ballots).] (4) []a Each person signing a petition shall subscribe to a statement that the person has read and agrees with the argument. (5) []b [Signatures on the petition shall be verified by the city recorder or designee by comparing the signatures of the electors on the petition with the signatures of the electors on the elector registration cards.] The city recorder or designee shall verify the signatures on a petition as provided in subsection 2.979(1) of this code. The city recorder or designee shall attach to the petition a certificate stating the number of elector signatures [believed to be genuine] on the petition. A signature [not included in the number certified to be genuine] that is not the signature of an elector shall not be counted by the city recorder for determining compliance with [subsection (2) of] this subsection. (6) []5 The city recorder shall reject any argument or statement which (a) Contains any defamatory language; (b) Contains any language which may not legally be circulated in the mails; or (c) Otherwise does not comply with sections 2.993 to 2.998 of this code. (7) []6 The city recorder shall include in the [voter’s] voters’ pamphlet on [the] each page [of the] containing a printed candidate statement [and] or arguments on a measure, the name of the person who submitted the statement or argument, the name of the organization the person represents, if any, whether the argument supports or opposes the measure, the statement(s) required by subsection 2.996[(2)] (1)(a) and (c) of this code, if applicable, and a disclaimer in substantially the following form: "The printing of this (argument or statement) does not constitute an endorsement by the City of Eugene, nor does the City of Eugene warrant the accuracy or truth of any statement made." 2.997 [Voter's] Pamphlet - Distribution. Voters’ Unless the council has determined that a voters’ pamphlet is not warranted under section 2.993(2) of this code, [N]no later than the 14th day before the election at Proposed Revisions to Election Code with Commentary - Page 23 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) which a city measure is to be voted upon, the city manager or the manager’s designee shall mail a [voter’s] voters’ pamphlet to each residence within the appropriate geographical area(s) and make voters pamphlets available for public distribution at city hall, the city library, and at other municipal facilities within the city. The appropriate geographical area means the following: (a) For [voter’s] voters’ pamphlets containing city measures or statements from candidates for [city wide offices] mayor or Eugene Water & Electric Board at large member, the city limits of Eugene; (b) For [voter’s] voters’ pamphlets containing school district measures or statements from candidates for school board positions, the boundaries of the school district[; and]. [Comment: As noted above, the state voters’ pamphlet is open to candidates for Eugene mayor and city council, so the City never has reason to publish a voters’ pamphlet which contains only statements from city councilors. Staff assumes that Council would not want the City to incur the expense of publishing a voters’ pamphlet that contained only statements from EWEB candidates, so the provision has been removed.] [(c) For voter’s pamphlets containing only statements from candidates for city council or EWEB positions, the wards which those candidates would represent if elected. Voter's pamphlets shall be made available for public distribution at city hall, the city library, and at other municipal facilities within the city.] 2.998 Voter's Pamphlet - Rulemaking Power. The city manager shall have the authority to issue rules and regulations governing: (a) The content, form and deadline for filing any material required to be filed under sections 2.993 to 2.998 of this code; (b) Verification of signatures; (c) Such other matters as are necessary for the administration of sections 2.993 to 2.998 of this code. Such rules and regulations shall be adopted using the process set forth at section 2.019 of this code. 2.999 Advisory Elections. (1) Whenever the city council deems it necessary, it may send a question or proposition to the electors for their advice. The calling of such an election shall occur during the time set by state and local law for the submission of legislation to the electorate for adoption or rejection. (2) The advisory ballot title shall be in a form approved by the city council. The advisory ballot measure may seek selection between substantive options or choices, or it may seek an affirmative or negative response to the proposition or question. 2.1000 Elections – [Voting by Mail] . Conduct of Elections Proposed Revisions to Election Code with Commentary - Page 24 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) [(1) Upon a determination by the council that it is economically and administratively feasible to do so, an election on a measure may be conducted by mail through contract with Lane County or, may be conducted by the city recorder, in the manner set forth in subsections (2) to (11) of this section. (2) If the election by mail is conducted by the city recorder, the city recorder may designate the city recorder's office, or one central location within the city as the single place to obtain a replacement ballot under subsection (5) of this section. The city recorder also shall designate one or more places for deposit of the ballots cast in the election, which shall be open on the date of the election for a period of 12 or more hours, as determined by the city recorder. (3) An official ballot with a return identification envelope and a secrecy envelope shall be mailed by the city recorder not sooner than the 20th day nor later than the 14th day before the date of the election, to each person registered as an elector of the city as of the 21st day before the date of the election. (4) The city recorder shall make the official ballot, return identification envelope and secrecy envelope available only at the city recorder's office or such other place as designated by the city recorder, for an elector who obtains a certification of registration after the 21st day before the date of an election conducted by mail. An elector to whom this subsection applies must vote at the election in the city recorder's office or other place designated by the city recorder. The elector shall mark the ballot, sign the return identification envelope, comply with the instructions provided with the ballot, and return the ballot in the return identification envelope to the city recorder. (5) Notwithstanding subsection (3) of this section, replacement ballots may be mailed not later than the fifth day before the date of the election or obtained in person up until and including the date of the election from the city recorder. (6) The ballot or ballot label shall contain the following warning: Any person who, by use of force or other means, unduly influences an elector to vote in any particular manner or to refrain from voting, is subject, upon conviction, to imprisonment or to a fine, or both. (7) Upon receipt of a ballot pursuant to subsection (3) of this section, the elector shall mark it, sign the return identification envelope supplied with the ballot, and comply with the instructions provided with the ballot. The ballot must be returned in the return identification envelope to the city recorder by United States mail, or by depositing it at the office of the city recorder, or any place of deposit designated by the city recorder. If the elector returns the ballot by mail, the elector must provide the postage. A ballot must be received at the office of the city recorder or the designated place of deposit not later than the end of the period determined under subsection (2) of this section on the date of the election. Proposed Revisions to Election Code with Commentary - Page 25 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) (8) If a ballot is destroyed, lost, or not received, an elector may obtain a replacement ballot. An elector seeking a replacement ballot shall sign a sworn statement that the ballot was destroyed, spoiled, lost, or not received, and present the statement to the city recorder before the end of the period determined under subsection (2) of this section. The city recorder shall keep a record of each replacement ballot provided under this subsection. (9) A ballot shall be counted only if: (a) It is returned in the return identification envelope; (b) The envelope is signed by the elector to whom the ballot is issued; and (c) The signature is verified as provided in subsection (10) of this section. (10) The city recorder shall verify the signature of each elector on the return identification envelope with the signature on the elector's registration card in accordance with the procedures of section 2.979(2) of this code. If the city recorder determines that an elector to whom a replacement ballot has been issued has voted more than once, the city recorder shall not count any ballot cast by that elector. (11)] Elections shall be conducted in the manner provided by state law. Any ballot and any elector casting a ballot [by mail] may be challenged in the [same] manner [and following the same procedure as a challenge in a non-mail conducted election] provided by state law. [ Comment: State law clearly gives responsibility for elections conducted by mail to the county elections officers, not city elections officers. All the responsibilities given to the city recorder under section 2.1000 actually belong to county elections officials by virtue of state law. Since all city elections are currently conducted by mail, and elections conducted by mail are the purview of the county elections officials, section 2.1000 has been amended to provide only that city elections must be conducted in accordance with state law.] 2.1005 Elections - Prohibitions. (1) No person shall knowingly make a false statement, oath or affidavit where a statement, oath or affidavit is required under the election laws. (2) No person shall request or sign a ballot in a name other than the person's own name. (3) No person shall attempt to vote more than once at the same election. ***** 2.1990 Penalties - Specific. (1) Violation of section 2.988 is punishable by a fine not to exceed $500, or confinement in jail not to exceed 100 days, or both fine and Proposed Revisions to Election Code with Commentary - Page 26 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309) imprisonment; in addition, the city attorney, upon request of the city manager, shall institute any necessary civil proceedings to enforce the provisions of section [2.988] 2.989 of this Code. Proposed Revisions to Election Code with Commentary - Page 27 of 27 2/1/08 07 Elections Code - Prop. Revisions w-comments + (00192309)