HomeMy WebLinkAboutItem 2: Ordinance Revising Elections Code
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Public Hearing: 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
Meeting Date: February 19, 2008 Agenda Item Number: 2
Department: City Recorder’s Office Staff Contact: Mary Feldman
www.eugene-or.gov Contact Telephone Number: 541/682-8353
ISSUE STATEMENT
This is a public hearing to consider revisions to the City of Eugene Elections Code.
BACKGROUND
The City Council held a work session on proposed code revisions on February 11, 2008, and
agreed to move the item to a public hearing scheduled for February 19. Councilors suggested
some possible amendments, which they will have an opportunity to discuss and consider at the
March 10 council meeting.
The City’s Elections Code, EC 2.960 to 2.1005, sets out most of the rules that govern elections
for the positions of Mayor, City Councilor, and Eugene Water & Electric Board Commissioner,
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 re-ordered so that the sequence of code provisions tracks the initiative and
referenda processes chronologically.
Several of the proposed revisions make substantive changes that present 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
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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.
The most significant proposed changes are summarized below.
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 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.
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 the 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 electors 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.
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Ballot Title Challenge Process
The proposed amendments to the City’s ballot title appeal process present one of the policy
issues for the council to consider. EC 2.977 governs the City’s ballot title challenge process.
State law clearly allows the City to adopt its own ballot title appeal process for initiatives and
elector-initiated referenda, but it is unclear as to the ballot title appeal process for council-
referred measures. The Secretary of State has directed county elections officials not to accept
council-referred
measures unless they comply with the ballot title appeal process contained in
state statutes, which differs significantly from the ballot title appeal process currently in the
Code. In particular, the state ballot title appeal process includes a publication requirement and
provides that ballot title appeals must be decided by the Lane County Circuit Court rather than
council-referred measures
the City Council. The Secretary of State’s directive only applies to ;
initiative and referendum measures
county elections officials will accept that comply with the
ballot title appeal process in the Eugene Code. Therefore, the council could choose to have two
different ballot title appeal processes -- the City Code process for initiative and referendum
measures and the state law process for council-referred measures. However, in the interests of
uniformity and transparency for citizens, staff recommends that council adopt the state ballot title
appeal process for initiative, referendum and council-referred measures.
Council to Refrain from Acting During 61- Day Period Before Election
This proposed revision presents another policy choice for the council. EC 2.980 currently
provides that the council must take action to adopt an ordinance proposed by initiative petition or
repeal an ordinance referred by a referendum petition within 60 days after verification of
signatures on the petition for the measure. The requirement that council act within 60 days of
verification of signatures does not make sense in the context of election timelines. The proposed
amendments to EC 2.980 attempt to relate the current code language to the relevant elections
event, which is the date of the election itself, not the date of verification of signatures. The
proposed amendments provide that the council should refrain from adopting an ordinance
proposed by an initiative petition or repealing an ordinance referred by a referendum petition
during the 61-day period prior to an election on the initiative or referendum measure. State law
requires that the City Recorder submit City measures to the county elections official not later
than 61 days before an election. Once the City measures have been submitted to the county
elections official, they are effectively guaranteed to be on the ballot. If the council were to adopt
an ordinance proposed by initiative petition or repeal an ordinance referred by a referendum
petition, but the initiative or referendum measure remained on the ballot, elector confusion and
legal complications (especially if the voters rejected a measure council had adopted) could result.
Election Timing
EC 2.981 governs the time for voting on measures. Subsection (1) governs the time for voting
on initiative measures, subsection (2) the time for voting on referendum measures, and
subsection (3) the time for voting on council-referred measures. The proposed revisions
governing the timing of elections on referendum and council-referred measures present a third
set of policy choices to the council.
Initiative Measures
The amendments to subsection (1) of EC 2.981 do not affect the timing of elections on
initiative measures. Subsection (1) continues to default elections on initiative measures to
the same dates as statewide primary or general elections in order to keep the City’s costs to a
minimum and maximize potential voter turnout. Subsection (1) also continues to provide the
council flexibility to call an earlier election if the council so chooses. If the City holds an
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election on a date when the state is also conducting an election, the costs of that election are
distributed proportionally among the various participating governments. The cost to the City
of holding an election on a date when the state is not conducting an election is significantly
higher because the City must bear the entire cost of the election if it is the only participating
jurisdiction. Additionally, statewide elections tend to increase voter turnout.
Referendum Measures
Subsection (2) of EC 2.981 currently requires that an election on a referendum measure be
held on the next available election date under state law (March, May, September or
November) that is not sooner than 90 days after the date the City Recorder certifies the
measure to the ballot, unless the council calls an earlier election. (Under no circumstances
may council call an election earlier than 66 days after the date the City Recorder certifies the
referendum measure to the ballot). However, the next available election date under state law
may be a date when nothing else is on the ballot, which would mean that the City would bear
the full cost of the election and voter turnout probably would be low. The proposed
amendment to subsection (2) would allow, but not require, the council to call a later election
(e.g. a primary or general election). No matter what the date of the election, the referred
ordinance would not take effect until and unless it is approved by the voters.
Example
: The council adopts an ordinance on August 15th. A prospective petition is filed
with the City Recorder to refer the ordinance and signature gathering proceeds. Petitioners
have until the date the ordinance takes effect to submit the requisite number of signatures to
refer the measure. Lane County Elections then has 15 days to verify the signatures.
Assuming petitioners have collected enough valid signatures, current code requires that the
election on the measure be held on the next available election date under state law not sooner
than 90 days from the date the City Recorder certifies the referendum petition (on or about
st
October 1) unless the council calls an earlier special election. In this situation, current code
defaults to a referendum election in March, and there are no statewide election dates
available between December and the following March on which the council could call an
earlier special election. If the referendum petition goes to an election in March, the City will
bear the full cost of that election and voter turnout in the election likely will be low. The
proposed code amendments would allow council to send the referred ordinance to the ballot
on a later election date (in this case probably May) when the cost to the City would be less
and voter turnout would almost certainly be higher.
Council-Referred Measures
The proposed changes to subsection (3) of EC 2.981 default an election on a council-referred
measure to the next statewide primary or general election held not sooner than 90 days after
the date that council orders the legislation referred, unless council calls an earlier election on
the measure. In no event may the election on a referred measure be held less than 90 days
from the date that council orders the legislation referred. The proposed amendments to this
subsection clarify that the council may not refer a measure to an election to be held less than
90 days from the date of referral. An earlier election date would not allow enough time for
completion of the state law ballot title appeal process.
Requirement to File with the City Recorder Five Days before Elections Filing Deadline
EC 2.992 required that all measures be filed with the City Recorder five business days before the
date set by state law for filing City measures with the county elections official. State statutes and
other code provisions mandate that City measures be filed with county elections officials 61 days
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before an election and require 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 committee 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
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 bring the proposed ordinance to the council for action as
scheduled on March 10, 2008; or
2. Direct the City Manager to schedule another work session on the proposed amendments to
the Elections Code.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends proceeding with council action on the proposed ordinance on
March 10, 2008.
SUGGESTED MOTION
No motion is necessary to implement the City Manager’s recommendation, as the ordinance is
already scheduled for action on March 10.
ATTACHMENTS
A. Draft Ordinance
B. Proposed Revisions to Elections Code with Commentary
C. Matrix Summarizing Proposed Changes
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FOR MORE INFORMATION
Staff Contact: Mary Feldman
Telephone: 541/682-5697
E-mail: mary.feldman@ci.eugene.or.us
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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
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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,
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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
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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
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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.
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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
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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.
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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:
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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:
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(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.
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(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,
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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
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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
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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
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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
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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
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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;
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(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
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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
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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;
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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compliance with the requirements of subsection 2.974(1)(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:
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(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
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(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
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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
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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
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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
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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
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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]
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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: If a referendum or council-referred measure was filed with the
City Recorder five days before the 61-day-prior-to-an-election 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.]
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[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
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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.
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(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
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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
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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
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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 47or 54 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 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
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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
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[(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.
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(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
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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.
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Eugene Election Code
Changes Proposed for February 2008
Most changes proposed for the Code sections governing Elections are to clarify, correct, or update overly complex, confusing, or
antiquated language; to reorder sections so processes are presented more chronologically and more logically; and to bring Eugene’s
elections procedures and practices into compliance with changes in State laws. The most substantive proposed changes occur in
sections 2.977, 2.980, 2.981, and possibly 2.994.
Code Section Nature of Change Reason for Change
2.960 - State Law No substantive change. Clarification of language.
?
2.961 Added section
Moved & consolidated definitions to occur early in
Definitions
code provisions: easier reading.
?
Added definitions for terms that have been in use
and produced inquiries and confusion (candidate,
certify, chief petitioner, city official, general election,
measure, primary election, prospective petition).
?
Provides that state law prevails for initiative &
referenda issues not addressed by Code & Charter
to avoid gaps in law.
2.962 - Wards No change
?
2.964 Minor wording changes relating to number of days before
Clarifies that electors “from” a specific area means
Nomination election that a petition is due; adds subsection about
they reside in that area.
verification of signatures on a candidate nominating petition.
?
Current wording for calculation of days confusing,
conflicts with calculations in State calendars.
?
Clarifies process for signature verification, including
existing requirement that signatures must be from
electors residing in area candidate seeks to
represent.
?
2.965 Minor language revision.
Makes wording easier to understand and more
Residency
clearly stated.
?
Provides consistency when referring to City officials’
residency requirements.
?
2.966 (4) Adds reference to Charter requirement that relates to
Acknowledges exception to requirement provided by
Officers filling of vacancies. Removes reference to election “places.”
Charter
(5) & (6) changes “November” election to “general” election;
?
Recognizes voting conducted by mail.
wording change from “votes cast for candidates” to “votes
?
Creates consistency in language between this
cast.”
section, definitions, and 2.972’s 2007 amendments.
2/11//2008 p. 1 of 5
Eugene Election Code
Changes Proposed for February 2008
2.968 Minor language revision. No substantive change. Existing reference to terms elected prior to 1976 no
EWEB Composition longer relevant.
?
2.970 Moved definitions to earlier section; defined hours for filing
State law & Code requirements that prospective
Initiative & Referendum at City Hall
petitions be approved prior to circulation necessitate
– Definitions
City Recorder’s presence.
Submissions During
?
Makes clear that City administrative offices are not
Business Hours
24-hour operations and eliminate confusion about
filing following evening council meetings.
?
2.971 Minor language changes; addition of statement that
Adds clarifying language consistent with defined
Manner of prospective referred legislation does not become effective
terms.
Initiating/Referring during period of signature verification.
?
Removes confusion about legislation being “on
Legislation
hold” during petition process.
2.972 No change
Init & Ref, Requisite This section was amended in October 2007
Number of Signatures
Revisions to 2.973-2.975 lay out clear, step-by-step chronological process for submitting prospective petitions and gathering signatures
in an attempt to provide more logical order and clearer language.
2.973 Removes description of form of petition from this section 2.973 confined to description of City Recorder’s duties.
Init & Ref, Form of and specifies process for filing prospective petition. There are no substantive changes to those duties or to
Petition the requirements for petitioners
Prospective Petition
2.974 New section. Moves contents of sections previously
Init & Ref, Petition numbered 2.976 and 2.973. Uses terminology defined in 2.961.
Requirements No changes to timing for signature gathering.
?
2.975 New section that contains parts of previous 2.973. Requires
Reduces use of paper.
Form of Petition and use of double-sided signature sheets; specifies contents of
?
Brings code into compliance with new State
Signature Requirements each side; requires inclusion of Secretary of State’s
requirements (SOS’s instructions and witnessing
instructions for circulators on petition sheets; adds language
signatures).
relating to circulators’ witnessing of signatures.
2.976 Section number deleted; contents revised & renumbered to See explanation for 2.973
2.974
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Eugene Election Code
Changes Proposed for February 2008
?
2.977 Adds requirements that City Recorder provides copies of
Ensures that petitioners are notified of ballot title
Init & Ref, Preparation of ballot titles to petitioners and publishes ballot title.
and increases chances that public is informed.
POLICY QUESTION: ballot title hearing body changes
Ballot Title/Appeal
?
Brings code into compliance with State ballot title
from City Council to Circuit Court for referenda and
process in order to ensure that council-referred
initiatives as well as council referrals.
measures will be accepted by Lane County
Elections for placement on ballot.
?
Makes ballot title process the same for ALL city
measures whether citizen or council-referred.
2.979 Adds language previously defined in 2.971. Provides electors with understanding of reasons
Init & Ref, Verification of Specifies that compliance with State and code requirement signature sheets could be considered insufficient.
Signatures, Completed is necessary for acceptance of petition signature sheets.
Petition
?
2.980 Adds language previously defined in 2.971.
Increased clarity lessens confusion over similar
POLICY QUESTION: Adds prohibition against council
Init & Ref, Presentation
terms such as verification, certification, submitting
adopting or repealing an ordinance that has already
of Init. Measure to
and filing.
been certified to the ballot between the certification
Council
?
States time period requirement clearly and seeks to
deadline and the election.
avoid having a measure appear on the ballot that
council has already adopted (initiative option) or
repealed (referendum option).
?
2.981 No change to subsection (1) relating to elections on
Gives council option, without requiring, that
Init & Ref, Voting on initiatives.
elections be held on primary or general election
POLICY QUESTION: (2) Allows council to call a later
Measure
dates to ensure greater voter turnout and be more
election on referendum measures.
economical.
(3) Specifies that elections on council-referred measures
?
Requiring action 90 days before election takes into
must be held at least 90 days later than council action.
account State-required ballot title appeal period and
measure certification deadline.
2.982 No change
Furnishing Info Co.
Clerk
2.983 No change
Init & Ref, Designation
on Ballot
?
2.984 New section number for contents of 2.990
Removes antiquated and inadequate manner of
Init & Ref, Election Removes reference to option for CRO to post printed or
providing notice.
Returns Notice typewritten notices instead of publication; requires
?
Brings code into conformance with practice.
newspaper publication.
2/11//2008 p. 3 of 5
Eugene Election Code
Changes Proposed for February 2008
2.985 Renumbered, no change
Init & Ref, Returns
2.986 Section renumbered, minor language revision. Increased clarity.
Init & Ref, Proclamation
by Mayor
2.987 Renumbered, minor language revision Increased clarity.
Init & Ref, Effective Date
of Measure
2.988 Renumbered, no change
Init & Ref, Conflicting
Measures
2.989 Init & Ref, New section number, minor language revision Increased clarity.
Unlawful Acts
2.990 -Notice Renumbered to 2.984 Creates chronological order among sections.
2.992 - Filing of Deleted Unnecessary provision because requirements of other
Measures provisions make situation non-existent.
Sections 2.993-2.1000 provide grammatical corrections to code provisions for voters’ pamphlets (voter’s changed to voters,’ consistent
with state); eliminate references to polling places; and standardize requirements for pamphlet submissions related to city and school
district measures and candidates.
?
2.993 Specifies Eugene and Bethel in references to school
Increased clarity, consistency.
Voter’s Pamphlet districts 4J and 52.
?
Removes reference to situation that could not exist
Voters’ Pamphlet Removes incorrect subsection references to timing for
given other code and state requirements (measures
elections.
could not be referred less than 55 days before an
Removes subsection (4).
election because they would not appear on the
Establishes due dates for school district submissions to
ballot)
pamphlet consistent with due dates for other pamphlet
?
Because City candidates can participate in State
contents.
voters’ pamphlets (cities over 50,000 population), an
POLICY:
Establishes 56 days before the election as the
assumption has been made that Eugene would not
due date for pamphlet submissions.
choose to publish a pamphlet solely for another
agency’s candidates (EWEB).
?
Uses 56 days (8 weeks) instead of 54, 55, or 47
days as deadline for submissions to simplify
calculations, make deadlines easier for public to
remember and less awkward to calculate.
2/11//2008 p. 4 of 5
Eugene Election Code
Changes Proposed for February 2008
POLICY ISSUE: Specifies 325 word limits for arguments
?
2.994
Provides length limitation consistency for candidates
submitted by public.
VP – Contents
and arguments.
Eliminates reference to polling places and replaces with
?
Gives more clear direction to public who have been
reference to ballot deposit locations.
confused about space limitations without font size
specificity.
?
Eliminated outdated reference to polling places.
?
2.996 Minor language revision.
Consistency among dates, clear language.
VP – Submission of Change argument deadline from 54 to 56 days prior to
?
Clarification of word limit: previously 1/3 of 350 and
Arguments & Candidate election.
200, neither of which is divisible by 3.
Statements Establishes specific word-limit for non-consensus
committee arguments and rebuttals.
?
2.997 Minor language changes.
Clarification
VP – Distribution
?
Provides consistency with changes in 2.993.
2.998 No change
VP – Rulemaking Power
2.999 No change
Advisory Elections
?
2.1000 Deletes references to City Recorder’s conducting elections.
Antiquated provisions since elections in Oregon
Voting by Mail
conducted by County Clerks.
2.1005 No change
Prohibitions
2/11//2008 p. 5 of 5