HomeMy WebLinkAboutItem 6: Ordinance Revising Elections Code
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: 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: March 10, 2008 Agenda Item Number: 6
Department: City Recorder’s Office Staff Contact: Mary Feldman
www.eugene-or.gov Contact Telephone Number: 541/682-8353
ISSUE STATEMENT
This is the time scheduled for action on revisions to the City of Eugene Elections Code.
BACKGROUND
The City’s Elections Code, EC 2.960 to 2.1005, sets out most of the rules that govern elections
for Mayor, Council and Eugene Water & Electric Board as well as elections on initiative and
referendum measures. Elections law consists of a mix of Eugene Code and Charter provisions,
state statutes and state administrative rules. In some cases State law requires certain procedures,
while in others the City has substantial leeway to adopt its own standards and procedures.
The City Recorder has worked closely with the City Attorney’s office to generate proposed
changes to the Elections Code. Most of the proposed changes are intended to clarify existing
code provisions without changing their meaning. The sections pertaining to initiatives and
referenda have been reordered so that the sequence tracks the process chronologically. Several
of the proposed revisions make substantive changes that present substantial policy issues for the
council to resolve.
At a work session on February 11, 2008, the Council requested that staff bring back a series of
motions to amend the proposed Elections Code. Those motions are attached to this AIS as
Attachment C. Attachment B is a legislative version of the proposed revisions to the Elections
Code. The highlighted sections are changes requested by the council.
The council held a public hearing on the proposed changes on February 19. Only one member of
the public spoke. He expressed concerns about the City Attorney’s role in determining legal
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sufficiency, about the ballot title appeal process, and about continuing to allow council discretion
as to whether to publish a voters’ pamphlet if there is a City measure.
Requested Changes
A few of the changes suggested at the work session seemed to have unanimous agreement from
the councilors present, so rather than draft motions for those changes, staff simply included them
in the proposed revisions. The suggested changes included in the proposed revisions are as
follows:
1.The definitions of “ballot title,” “election,” “special election” and “emergency election”
were added to section 2.961;
2.Section 2.994 now requires that if conflicting measures appear on the ballot they are
identified as such in the voters’ pamphlet, and requires that the voters’ pamphlet contain
an explanation of the effect of conflicting measures; and
3.Section 2.994 now clarifies the order in which the arguments will be published in the
voters’ pamphlet.
At the work session it was requested that staff clarify the term “immediately” in proposed
subsection 2.973(2). The first motion in the attachment allows the council to substitute the
phrase “as soon as possible” for the term “immediately.” This action typically takes less than
15-20 minutes and can be done in the presence of the person filing. Defining the time allowed
more explicitly in code could easily lead to unintentional code violations should the person
choose not to wait in the office while the act was completed or should the City Recorder be out
of the office briefly and the petitioner opted to simply drop off the document.
The second motion in Attachment C amends the Code to require that the City Manager publish a
voters’ pamphlet any time a City measure is on the ballot.
The third motion amends the Code to require that the City Manager publish a voters’ pamphlet
any time a candidate for City Council, Mayor or the EWEB Board wants to publish a candidate
statement in the City voters’ pamphlet – even if there are no City measures on the ballot.
The fourth motion amends the Code to require EWEB to pay a proportional share of the cost of
publication of a voters’ pamphlet where EWEB candidate statements are included in the voters’
pamphlet and there are no City measures on the ballot.
The fifth motion amends the Code to require that the City mail voters’ pamphlets not later than
th
the 18 day before an election.
The sixth motion amends the Code to require that a candidate for City office be registered to vote
at the time his or her nominating petition is submitted to the City Recorder. This motion was not
th
requested by the council at the February 11 work session. However, recent conversations
between staff and Lane County Elections identified the possibility that under current Code, a
candidate could neglect to register to vote prior to the election at which he or she was elected to
office. If that happened, the candidate would be disqualified from holding City office and the
office to which the candidate was elected would be left vacant. This proposed amendment closes
that loophole.
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There was a lot of discussion at the February 11 work session around the word and space limits
imposed on additional voters’ pamphlet arguments by the proposed revisions. It was staff’s
understanding that the council was comfortable with word and space limits consistent with those
imposed on arguments submitted to the State voters’ pamphlet. State law limits written
arguments submitted to the State voters’ pamphlet to 325 words and a single column of space,
just as the proposed Elections Code revisions would. Because State law and the proposed
Elections Code revisions are consistent, a motion to amend the word and space limits has not
been included with this AIS.
RELATED CITY POLICIES
None.
COUNCIL OPTIONS
The council may:
1. Adopt the proposed revisions to the Elections Code;
2. Adopt the proposed revisions to the Elections Code as amended by the council;
3. Direct the City Manager to bring back further amendments to the Elections Code; or
4. Take no action.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends adopting the proposed revisions to the Elections Code.
SUGGESTED MOTION
Move to adopt 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; re-numbering
Section 2.984 to Section 2.985, Section 2.987 to 2.988; and repealing Section 2.992 of that code.
ATTACHMENTS
A. Draft Ordinance
B. Amendments to Elections Code Revisions
C. Motions to Amend Draft Ordinance
FOR MORE INFORMATION
Staff Contact: Mary Feldman
Telephone: 541/682-8353
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:
Ballot Title. A ballot title describes a city measure and includes a
caption, a question and a summary of the measure. All ballot titles for
city measures must comply with the requirements of ORS 250.035 or
successor statute.
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
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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
measure or when one or both measures expressly provide that they are
intended to be the exclusive enactment for that area of legislation.
Election. A general election, primary election, special election or
emergency election.
Elector. A resident of the city qualified to vote under the Oregon
Constitution, Article II, section 2.
Emergency Election. An election held on a date other than those dates
described in ORS 221.230(1) or successor statutes. To call an
emergency election, the city council must find by resolution that an
emergency exists that requires an election sooner than the next
available election date under ORS 221.230(1) in order to avoid
extraordinary hardship to the community. In calling an emergency
election the city council must comply with the requirements of ORS
221.230(2)-(4) or successor statutes.
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.
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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.
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.
Special election. An election other than a primary or general election,
held on one of the dates described in ORS 221.230(1) or successor
statute (the second Tuesday in March, the third Tuesday in May, the
third Tuesday in September or the first Tuesday after the first Monday
in November).
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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
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.
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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
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
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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.
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
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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
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
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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
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.
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(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:
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
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(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:
(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
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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.
(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
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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,
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
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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
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
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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
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
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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
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.
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(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
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 &
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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
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
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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;
(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
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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.
(4)
The order in which the arguments related to a city measure are
printed in the voters’ pamphlet shall be as follows: first, the written
argument in favor of the city measure, as described in subsection
2.996(1); second, the rebuttal to the argument in favor, as
described in subsection 2.966(1); third, the written argument in
opposition to the measure, as described in subsection 2.996(1);
fourth, the rebuttal to the argument in opposition, as described in
subsection 2.996(1); fifth, any additional arguments in favor of the
city measure, as described in subsection 2.996(4), in the order in
which they are received by the city recorder; and finally, any
additional arguments in opposition to the measure, as described
in subsection 2.996(4), in the order in which they are received by
the city recorder.
(5)
If two or more conflicting measures are to be voted on in a
particular election, the voters’ pamphlet shall identify those
measures and explain the provisions of section 2.988.
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
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.
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(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
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
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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;
(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
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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
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
Ordinance – Page Page 22 of 24
S0803106-attA.DOC 3/7/2008
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.
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
Ordinance – Page Page 23 of 24
S0803106-attA.DOC 3/7/2008
other provisions of the Eugene Code, 1971, to the provisions added, amended, or
repealed herein.
Passed by the City Council this Approved by the Mayor this
_____ day of______________, 2008. ____ day of ________________, 2008.
____________________________ ____________________________
City Recorder Mayor
Ordinance – Page Page 24 of 24
S0803106-attA.DOC 3/7/2008
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:
Ballot Title. A ballot title describes a city measure and includes a
caption, a question and a summary of the measure. All ballot titles for
city measures must comply with the requirements of ORS 250.035 or
successor statute.
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
measure or when one or both measures expressly provide that they are
intended to be the exclusive enactment for that area of legislation.
Election. A general election, primary election, special election or
emergency election.
Elector. A resident of the city qualified to vote under the Oregon
Constitution, Article II, section 2.
Emergency Election. An election held on a date other than those dates
described in ORS 221.230(1) or successor statutes. To call an
emergency election, the city council must find by resolution that an
emergency exists that requires an election sooner than the next
available election date under ORS 221.230(1) in order to avoid
extraordinary hardship to the community. In calling an emergency
election the city council must comply with the requirements of ORS
221.230(2)-(4) or successor statutes.
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, or 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.
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.
Special election. An election other than a primary or general election,
held on one of the dates described in ORS 221.230(1) or successor
statute (the second Tuesday in March, the third Tuesday in May, the
third Tuesday in September or the first Tuesday after the first Monday in
November).
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.
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 must
be registered to vote as a resident of the city at the time his or her
nominating petition is submitted to the city recorder. 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
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.
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.
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
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.
2.972 Elections - Initiative and Referendum, Requisite Number of Signatures.
The number of signatures required for an initiative petition is 15 percent, and
for a referendum petition 10 percent, of the number of votes cast for 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, as soon as possible, 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 subsections (c) and (d) of section 2.974 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.
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 submitted to 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.]
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
(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.
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
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,
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 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
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 the council orders the
legislation referred.
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.
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]
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.]
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.
(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)
If a candidate for city office wishes to publish a statement in the
city voters’ pamphlet for an election at which no city measure is
submitted for a vote, the city manager shall publish a voters’ pamphlet
containing candidate statements submitted pursuant to subsection (3)
of this section. Candidate statements to be published pursuant to this
subsection shall be submitted to the city recorder not less than 70 days
prior to the date of the election for which the voters’ pamphlet is
published. If the city recorder does not receive a candidate statement
th
by the 70 day prior to the election, the city manager shall not publish a
voters’ pamphlet pursuant to this subsection.
(5) Prior to the inclusion of a statement from a candidate for the
Eugene Water & Electric Board in a voters’ pamphlet published
pursuant to subsection 2.993(4), the Eugene Water & Electric Board
shall agree to pay to the city the cost of the Eugene Water & Electric
Board’s portion, as determined by the city recorder, of the printing,
advertising, mailing and personnel expenses associated with publishing
the voters’ pamphlet and distributing it within the city limits. Nothing in
this subsection shall relieve Eugene Water & Electric Board candidates
of the obligation to pay the fee required by subsection (3) of this
section.
(6)
A [voter's] voters’ pamphlet published by the city manager pursuant to
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].
(7)
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.
(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;
(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.
(4)
The order in which the arguments related to a city measure are
printed in the voters’ pamphlet shall be as follows: first, the written
argument in favor of the city measure, as described in subsection
2.996(1); second, the rebuttal to the argument in favor, as
described in subsection 2.966(1); third, the written argument in
opposition to the measure, as described in subsection 2.996(1);
fourth, the rebuttal to the argument in opposition, as described in
subsection 2.996(1); fifth, any additional arguments in favor of the
city measure, as described in subsection 2.996(4), in the order in
which they are received by the city recorder; and finally, any
additional arguments in opposition to the measure, as described
in subsection 2.996(4), in the order in which they are received by
the city recorder.
(5)
If two or more conflicting measures are to be voted on in a
particular election, the voters’ pamphlet shall identify those
measures and explain the provisions of section 2.988.
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
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, other than those
statements submitted pursuant to subsection 2.993(4), 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 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’ No later than the 18th 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;
(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 voters’ pamphlets containing only statements from
candidates for city council or Eugene Water & Electric Board
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
[(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.
(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.
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 2.989 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.
ATTACHMENT C
Motions to Amend Proposed Revisions to Elections Code
1.Motion One attempts to clarify the term “immediately” in section 2.973(2).
I move to amend proposed subsection 2.973(2) by inserting a comma following the word “shall”
and substituting the following language for the word “immediately:”
“as soon as possible,”
2.Motion Two eliminates the code language that gives the city council discretion not to
publish a voters’ pamphlet when a city measure is on the ballot. The effect of this motion
is to require that the City publish a voters’ pamphlet every time a city measure is on the
ballot.
I move:
a.To amend proposed subsection (2) of section 2.993 to read as follows:
“The city manager shall publish and distribute a local voters’ pamphlet for each election in
which a city measure is on the ballot.”
b.And to amend proposed section 2.997 to delete the language: “Unless the council
has determined that a voters’ pamphlet is not warranted under section 2.993(2) of
this code,” and to substitute a capital “N” for the lowercase “n” beginning the
word “no” following the deleted language.
3.Motion Three amends the Code to require the City to publish a voters’ pamphlet any time
a candidate for city council, mayor or EWEB wants to include a candidate statement in
the city voters’ pamphlet, even if a city measure is not on the ballot. Part (a) of this
motion makes the substantive change requested, the other parts of the motion are
necessary to update related code provisions to reflect the substantive change.
I move:
a. To insert the following subsection (4) into proposed section 2.993, after
subsection (3):
“If a candidate for city office wishes to publish a statement in the city voters’ pamphlet for an
election at which no city measure is submitted for a vote, the city manager shall publish a voters’
pamphlet containing candidate statements submitted pursuant to subsection (3) of this section.
Candidate statements to be published pursuant to this subsection shall be submitted to the city
recorder not less than 70 days prior to the date of the election for which the voters’ pamphlet is
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publishedIf the city recorder does not receive a candidate statement by the 70 day prior to the
election, the city manager shall not publish a voters’ pamphlet pursuant to this subsection.”
”
b.To delete the language “subsection (3) offrom subsection 2.993(5);
c.To amend the language of proposed subsection (3) of section 2.996 to read:
“Statements from candidates for city offices, other than those statements submitted pursuant to
subsection 2.993(4), shall be submitted not less than 56 days prior to the date of an election” ;
d.And to amend subsection (c) of section 2.997 to read:
“For voters’ pamphlets containing only statements from candidates for city council or Eugene
Water & Electric Board positions, the wards which those candidates would represent if elected.”
4.Motion Four would require EWEB to pay for a proportional share of a city voters’
pamphlet published by the City for an election where no city measures are on the ballot.
I move to insert a new subsection 2.993(5). The new language of subsection 2.993(5) shall read:
“Prior to the inclusion of a statement from a candidate for the Eugene Water & Electric Board in
a voters’ pamphlet published pursuant to subsection 2.993(4), the Eugene Water & Electric
Board shall agree to pay to the city the cost of the Eugene Water & Electric Board’s portion, as
determined by the city recorder, of the printing, advertising, mailing and personnel expenses
associated with publishing the voters’ pamphlet and distributing it within the city limits.
Nothing in this subsection shall relieve Eugene Water & Electric Board candidates of the
obligation to pay the fee required by subsection (3) of this section.”
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5.Motion Eight requires that the City mail voters’ pamphlets not later than the 18 day
before an election.
I move to substitute the term “18th day" for the term “14th day" in section 2.997.
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6.Motion Six was not requested by council in the February 11 work session. However,
recent conversations between the city recorder and Lane County Elections identified the
possibility that under the current Code, a person who was not registered to vote may
declare his or her candidacy for city office. If an unregistered candidate neglected to
register prior to his or her election to office, the candidate would be disqualified and the
office would be left vacant. This amendment closes that loophole.
I move to insert the following language into proposed section 2.965:
A candidate for city office must be registered to vote as a resident of the city at the time his or
her nominating petition is submitted to the city recorder.