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HomeMy WebLinkAboutOrdinance No. 20405 'C~ COUNCIL ORDINANCE NUMBER 20405 COUNCIL BILL NUMBER 4966 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. ADOPTED: March 10,2008 PASSED: 6:0 REJECTED: OPPOSED: ABSENT: Solomon, Taylor EFFECTIVE: ~ 19 I 2iffd ORDINANCE NO. 20405 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. Insofar as not governed by the city charter, special ordinances or 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: 2.961 Elections - Definitions. As used in sections 2.960 to 2.1005 of this code, 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 Ordinance - Page Page 1 of 18 20405 (00195064) electors may be designated as chief petitioners for anyone 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 Ordinance - Page Page 2 of 18 20405 (00195064) 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). 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 electors residing in that ward. (2) A candidate for a Eugene Water & Electric Board office representing a Ordinance - Page Page 3 of 18 20405 (00195064) 2.965 pair of wards shall be nominated by the electors 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 electors 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 submitted to the city recorder at least 76 days before the first election for filling the office and it shall be signed by 25 electors who reside in the area to be represented by the office. (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. Elections - Residencv. A candidate for a city office must be an elector 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. A candidate for city office must be registered to vote as a resident of the city at the time his or her nominating p~tition 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. 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 city official or candidate for city office has more than one residence, the requirements of this section apply to the principal place of residency, which is the residence where the city official or candidate for city office spends more than 500/0 of his or her time. Section 4. Subsections (4), (5), (6) and (7) of Section 2.966 of the Eugene Code, 1971, are amended to provide: 2.966 Elections - Officers. (4) Except as provided in section 24 of the Eugene Charter, the first voting for mayor, councilor, or Eugene Water & Electric Board member during a year shall take place at an election held at the same time as the statewide primary election that year. (5) If at the primary election one candidate for a city office receives a Ordinance - Page Page 4 of 18 20405 (00195064) majority of the votes cast for that office, that candidate shall be the only one whose name appears on the ballot at the general election that year as a candidate for that particular office. (6) If at the primary election no candidate receives 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 candidates whose names appear on the ballot at the general election that year as candidates for that particular office. (7) The candidate who receives a majority of the votes cast 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 2.970 2.971 Elections - Euaene Water & Electric Board - Composition. (1) Except as subsection (2) of this section provides to the contrary, each member elected to the Eugene Water & Electric Board 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 last occupied that office. If 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 elections after the vacancy occurs, a member shall be elected to the vacant office from the same constituency as the member who last occupied that office. The term of office of the person so elected begins January 1 st of the immediately ensuing year and continues for two years. Submissions Durina 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, Manner of Initiatina or Referrina Leaislation. (1) Any elector may initiate proposed legislation by submitting a completed initiative petition proposing the legislation to the city recorder. (2) Any elector may refer council legislation to the electors by submitting a completed referendum petition to the city recorder prior to the effective date of the legislation. (3) The council may order submission of proposed or adopted legislation to the electors. (4) An ordinance for which a prospective referendum petition has been submitted to the city recorder does not take effect during the period of signature collection and signature verification, and if petitioners collect Ordinance - Page Page 5 of 18 20405(00195064) the number of elector signatures required under section 2.972 of this code, the ordinance shall not take effect except as provided in section 2.987 of this code. 2.973 Elections - Initiative and Referendum, Prospective Petition. (1) An initiative or referendum petition shall be in the form prescribed by the city recorder. (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. Section 6. Section 2.976 of the Eugene Code, 1971, is re-numbered as Section 2.974, and amended as follows: Ordinance - Page Page 6 of 18 20405(00195064) 2.974 Elections - Initiative and Referendum, Petition Reauirements. No completed initiative or referendum petition may be submitted to the city recorder unless: (a) Prior to its circulation a prospective petition was submitted to the city recorder. 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 chief petitioners. If one or more of the chief petitioners is an organization, the prospective petition shall disclose the name and address 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 and the requirements of this code, contains the caption or ordinance title required by section 2.975 of this code, and contains the names and addresses of the chief petitioners; (c) The date of the first 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 submitted to the city recorder for signature verification no later than 100 days after the date of the first signature on the petition. A completed referendum petition shall be submitted to the city recorder by that time or by the effective date of the legislation sought to be referred, whichever is earlier. Section 7. Section 2.975 of the Eugene Code, 1971, is added to provide: 2.975 Elections - Form of Petition and Sianature Reauirements. (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 Ordinance - Page Page 7 of 18 20405 (00195064) 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. Section 8. 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 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 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 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 prepared for a measure to be submitted to the electors at 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. (5) An elector dissatisfied with the ballot title may, within seven business days after it is delivered to the city recorder, petition the Lane County Ordinance - Page Page 8 of 18 20405 (00195064) 2.979 2.980 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. Elections - Initiative and Referendum, Verification of Sianatures. Completed Petition. (1) A completed initiative or referendum petition shall be 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 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 the petition. If the city recorder determines that the petition contains an insufficient number of elector signatures, the petition shall be returned to the chief petitioners. (2) If the number of elector signatures required under section 2.972 of this code exceeds 4,500, the city recorder or designee may utilize the statistical sampling technique established by rule of the Secretary of State to determine whether a petition contains the required number of elector signatures. If signatures on an initiative or referendum petition are verified using this procedure, a petition may not be rejected for the reason that it contains 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. Elections - Initiative and Referendum, Presentation of Measure to Council. (1) No later than 20 days after the city recorder certifies a completed initiative or referendum petition, 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; (d) Order submission of an alternative measure or measures to be voted upon at the same election as the initiated or referred Ordinance - Page Page 9 of 18 20405(00195064) 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. 2.981 Elections - Initiative and Referendum, Votina 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 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 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 as described in ORS 221.230(1) or successor statutes that is not sooner than the 90th day after the city recorder's certification of the completed referendum petition under section 2.979 of this code, unless the council calls an earlier or later 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 of the completed petition. (3) Leqislation Referred bv Council. 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 the council orders the legislation referred under section 2.971 of this code, unless the council calls an earlier special or emergency 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: Ordinance - Page Page 10 of 18 20405(00195064) 2.984 Elections - Notice. The city recorder shall give 10 days' notice of an election by one publication of the notice in a newspaper of general circulation in the city. 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 each measure. Section 10. Section 2.984 of the Eugene Code, 1971, is re-numbered as Section 2.985 to provide: 2.985 Elections - Initiative and Referendum. Election Returns. 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: 2.986 2.987 provide: Elections - Initiative and Referendum, Proclamation by Mayor. (1) 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) If the majority of votes cast on the measu re were in favor of the measure, announcing the effective date of the legislation in accordance with section 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 retained with the measure in the office of the city reco rd e r. Elections - Initiative and Referendum, Effective Date of Measure. 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 2.988 Elections - Initiative and Referendum. Conflictina Measures. Of two conflicting measures approved by the electors at the same election, the measure Ordinance - Page Page 11 of 18 20405(00195064) 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: 2.989 Elections - Initiative and Referendum, Unlawful Acts. (1) No person other than an elector shall knowingly sign a city initiative or referendum petition. (2) No person shall sign a city initiative or referendum petition with a name not his or her own. (3) No person shall sign his or her name to a city initiative or referendum petition with knowledge of previously signing the petition. (4) No person shall circulate or 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 a city initiative or referendum petition by fraud. (6) No person shall make a statement concerning a city initiative or referendum petition that the person knows to be false. (7) No person shall knowingly make a document under this chapter that contains a false statement. (8) No city officer shall willfully violate a provision of this chapter. Section 14. Section 2.992 of the Eugene Code, 1971, is repealed. 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 Elections - Voters' Pamphlet. (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, 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. "City measure" also includes municipal legislation, charter 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 Ordinance - Page Page 12 of 18 20405(00195064) 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 voters' pamphlet for each election in which a city measure is on the ballot. (3) The city manager shall include in a voters' pamphlet published pursuant to subsection (2) of this section statements from candidates in races for city offices (council, mayor, or 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, unless the city council waives the requirement. 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 by the 70th 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, for 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 voters' pamphlet published by the city manager pursuant to subsection (3) of this section shall be distributed as provided in section 2.997 of this code. (7) Any time a voters' pamphlet is produced under this section, the city manager shall include in the 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(2) of this code. (a) Timelv 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 later than the second business day following the 61 st day before the date of the election. Ordinance - Page Page 13 of 18 20405 (00195064) 2.994 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 56 days prior to the date of the election. (b) Payment. 1. Prior to the inclusion of a school district measure in the 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 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 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 arquments for or aqainst 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(4) of this code, except that the required petition signatures shall be those of school district electors. Elections - Voters' Pamphlet - Contents. (1) A 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 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(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. Ordinance - Page Page 14 of 18 20405(00195064) (2) Following the information contained in subsection (1) of this section, the 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 voters' pamphlets. (3) In addition, the voters' pamphlet also may contain 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 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, 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 Voters' Pamphlet - Submission of Arauments For or Aaainst Measure and Statements from Candidates. (1) Not less than 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. Any rebuttals to the arguments shall be submitted not less than 46 days 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 Ordinance - Page Page 15 of 18 20405 (00195064) 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 Eugene Water & Electric Board, one or more members of the 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 (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 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 (a) of this subsection. (2) If one or more members of the committees preparing the arguments or rebuttals cannot agree on a committee statement, he or she may write his or her own statement not exceeding 116 words if the statement is one of argument or 66 words if the statement is one of rebuttal. The length of the 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. (4) Not less than 56 days prior to the date of an election, additional Ordinance - Page Page 16 of 18 20405(00195064) arguments, authorized by subsection 2.994(1 )(c) of this code, in support of, or in opposition to a measure ay be submitted, providing that each additional argument is accompanied by the signatures of 300 electors supporting the argument or by a fee of $300. (a) Each person signing a petition shall subscribe to a statement that the person has read and agrees with the argument. (b) 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 on the petition. A signature that is not the signature of an elector shall not be counted by the city recorder for determining compliance with this subsection. (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. (6) The city recorder shall include in the voters' pamphlet on each page containing a printed candidate statement 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 (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 Voters' Pamphlet - Distribution. 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 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 voters' pamphlets containing city measures or statements from candidates for mayor or Eugene Water & Electric Board at large member, the city limits of Eugene; (b) For voters' pamphlets containing school district measures or statements from candidates for school board positions, the boundaries of the school district. (c) For voters' pamphlets containing only statements from candidates for city councilor Eugene Water & Electric Board positions, the wards which those candidates would represent if elected. Ordinance - Page Page 17 of 18 20405 (00195064) 2.1000 Elections - Conduct of Elections. Elections shall be conducted in the manner provided by state law. Any ballot and any elector casting a ballot may be challenged in the manner 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 2.989 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 2.989 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 other provisions of the Eugene Code, 1971, to the provisions added, amended, or repealed herein. Passed by the City Council this 10th day of March, 2008. Approved by the Mayor this ~ day of March, 2008. \!INt~L/~~' ity ecorder - /~/~ ~~ Mayor Ordinance - Page Page 18 of 18 20405 (00195064)