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HomeMy WebLinkAboutRecall Process ~ City Recorder's Office City of Eugene 777 Pearl Street, Room 105 Eugene, Oregon 97401-2793, (541) 682-5042 (541) 682-5414 FAX eugene.city.recorder@ci.eugene.or.us www.eugene-or.gov This is a summary of the process for filing a Recall Petition with the City of Eugene. What is a recall? Any non-federal elected or appointed public office holder in an elective office may be recalled. Eugene follows State Election Law for the recall process. All filings and inquiries should be directed to the Eugene City Recorder at the location listed above. Who may file a recall petition? · Any registered voter in a public officer's district may initiate a recall. · Public officer must have held office for six months of the current term. · Individual responsible for preparation, organization of recall petition is "chief petitioner." How to file a prospective recall petition · Chief petitioner fills out required forms for prospective recall petition. · Schedule appointment to submit them to the City Recorder. · Forms are found in the Secretary of State's 2008 Recall Manual; financial forms available in Secretary of State's 2008 Campaign Finance Manual. . No filing fee. · All forms must be approved in writing prior to gathering any signatures. 1. SEL 350 Petition for Recall--200 words or less, states reasons for recall 2. SEL 351 Petition for Recall Signature Sheet -- chief petitioner must complete, and sign Line 1, after making copy of clean sheet to be used for circulation copies 3. SEL 300 Statement One or More Petition CirculatorS"WiII Be Paid 4. SEL 222 Statement of Organization for Chief Petitioner Committee- designates a treasurer and must be filed with the City Recorder AND electronically with the Secretary of State. 5. Detailed contribution & expenditure report that includes all contributions received and expenditures made to support the recall petition prior to filing the prospective petition (must be filed even if there has been no financial activity) Circulating a recall petition · After receiving written approval from the City Recorder, recall petition may be circulated. · Chief petitioner reviews legal requirements and guidelines with all circulators. · The recall petition (SEL 350) must be printed on the back of each sianature sheet (SEL 351 ). Recall Petition Process 5/8/2008 Page 1 ~- Number of signatures required to place a recall petition on the ballot · Requires 15 percent of the total number of votes cast in the public officer's electoral district for all candidates for Governor at most recent General Election (November 7, 2006). Currently, the following numbers of signatures are required for Eugene public officers: Mayor: 9,421 Councilors Ward 1: 1,244 Ward 2: 1,520 Ward 3: 951 Ward 4: 1,171 Ward 5: Ward 6: Ward 7: Ward 8: 1,295 1,171 998 1,071 · Petitioners should collect more than the minimum required number of signatures. Time limit for collection of signatures · Completed petitions (1000/0 percent required number of signatures) filed with City Recorder by 5:00 p.m. on 90th day after filing prospective petition. · Day count begins on day following the day of filing. · Signature sheets not accepted unless chief petitioner is present. · Signature sheets must be numbered sequentially. Signature verification _ · After completed petition filed with City Recorder, City Recorder forwards signature sheets to Lane County Elections. · Elections division verifies legality of signatures within ten calendar days of filing date. · Once signatures are verified, City Recorder notifies chief petitioner and public officer in writing. · If sufficient signatures have been submitted, City Recorder certifies recall petition to ballot. . If petition qualifies, public official may resign or submit statement of justification within five days. Chief petitioner files a financial report · Oregon law requires that chief petitioner file all campaign transactions with the Secretary oi State's Office within 7 days after the transaction occurs. After the deadline for submitting signatures, all transactions must be reported within 30 days of their occurrence. . Transactions must be reported reQardless of whether sionatures are submitted for verification. . If petition qualifies, additional financial reports will be required. Officer's Statement of Justification (Oregon Constitution, Article II, ~18 and ORS 249.877 and 254.546) . Within five days of recall question being certified to the ballot, the public officer may either submit resignation to City Recorder or file with City Recorder a statement of justification not to exceed 200 words, explaining public officer's course in office. . If officer offers to resign, resignation is accepted and takes effect on day it is offered. Election . If officer does not resign, recall election must be held within 35 days after resignation period has expired. . County elections official schedules and conducts recall election. . Public officer continues to perform duties of office until the abstracts are delivered by County Clerk to the City Recorder, no later than the 20th day after the election. Additional Information Please contact City Recorder Mary Feldman for additional information about recall procedures. Recall Petition Process 5/8/2008 Page 2 Petition for Recall (Cover Sheet) SEL 350 rev 2/08: ORS 249.865 please print or type legibly in black ink J. petition for recall of: name of public officer title of publk office, [date p,"spectlve petition filed m/d/y Use this space for statement of reasons for demanding recall. The statement may not exceed 200 words. J. name of Chief Petitioner or name of treasurer of Chief Petitioner Committee (from SEL 222) residence address of Chief Petitioner or residence address of treasurer of Chief Petitioner Committee (from SEL 222) street, city, state, zip code I "d d " f h" f " " J. prante name an signature 0 c Ie petitioner printed name of chief petitioner, and -+ signature of chief petitioner* A Warning Supplying false information on this form V may result in con victionpf a felpflt;,,';1'ifh a fiIJ!!cQf up to $125,000 and or prison for up to 5 years. (ORS 260.715) * by signing this document, I hereby state that any factual information (not a matter of opinion) in the above statement of reasons for demanding a recall is true to the best of my knowledge. Instructions for Circulators -+Only active registered voters of the public official's electoral district may sign a petition. -+AII signers on anyone signature sheet must be active registered voters of the same county. -+It is advisable to have signers use a pen for signing petitions or for certifying petitions. -+Only one circulator may collect signatures on anyone sheet of a petition. -+Each circulator must personally witness all signatures the circulator collects. -+Circulators must not write, alter, correct, clarify or obscure on a signature sheet any information about the signer unless the signer initials changes made or the signer is disabled and requests assistance in completing optional information. -+Circulators must not cause to be circulated a petition knowing it to contain a false signature. -+Circulators must not knowingly make any false statement to any person who signs it or requests information about it. -+Circulators must not attempt to obtain the signature of a person knowing that the person is not qualified to sign it. -+Circulators must not offer money or any thing of value to another person to sign or not sign a petition. -+Circulators must not sell or offer to sell signature sheets. o Instructions for Signers -+ Only active registered voters of the public official's electoral district may sign a petition. Sign your full name, as you did when you registered to vote. -+Fill in the date you signed the petition, your printed name and your residence or mailing address in the space provided. -+It is advisable to use a pen for signing petitions. -+Initial changes you or the circulator make to your printed name, residence or mailing address or date you signed the petition. -+It is unlawful to sign any person's name other than your own. Do not sign another person's name under any circumstances. -+It is unlawful to sign a petition more than once. -+It is unlawful for a person to knowingly sign a petition when the person is not qualified to sign it. ~ 113 o ..c:: ~ Q ~ Q) ~ c: ::3 "0 ~ :::.... .Q 1:) ~ 113 :; ~ '(3 ~ 113 ~ Q) Q) ..c:: l/) c: ,~ ,'!:;:: ..... Q) Q.. ~ ~ - ~ (,) c:_ ,~ tti ,'!:;:: ~ ..... ::3 Q) ..... Q.. 113 - c: CC Q) C,,) '(i) ~ ~ Q) ~~ .:! 113 fIa Q) ~ .8 ~1:) Q5 '~ ..... Q.. o '0 ~c: c o ... ... Q) a. Q) c: o 1: 113 E ~ CD CD .c en CD .. 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Q) Q.. ,l/) -S c: o l/) ~ .2 113 c: Q) '(i) co 'u ~ '0 III C o '';; u Q) Q) ~ C :J o U ..... o ~ :;; .3 (II) ~ .... OJ W '00 en '" CD a:> en ~ g '<t ~ ~ ..... ~ Q) C,,) :::.... .Q ~ Q) ..c:: CIl a: o a:> o Statement One or More Petition Circulators Will Be Paid SEL 300 rev 1/08: ORS 248.008, ORS 249.061, ORS 249.078, ORS 249.740, ORS 249.865 I/We hereby declare one or more petition circulators will be paid money or other valuable consideration for obtaining signatures of active registered voters on the attached petition or certificate. I/We understand the filing officer must be notified not later than the 10th day after IIwe first have knowledge or should have had knowledge that no petition circulator will be paid for obtaining signatures. Additionally, unless this is for a recall petition or a minor political party formation petition, by signing this document, I hereby state that no circulators will be compensated on this petition based on the number of signatures obtained by the circulator, identify petition name of candidate or minor political party on prospective petition; or name of officeholder on recall petition signed* date signed signed* date signed signed* date signed * Statement must be signed by one ofthe following: -+candidate for nomination -+chief petitioner for recall petition -+chief sponsor for certificate of nomination -+chief sponsor for minor political party formation petition Statement No Petition Circulators Will Be Paid SEL 300 rev 1/08: ORS 248.008, ORS 249.061, ORS 249.078, ORS 249.740, ORS 249.865 I/We hereby declare no petition circulators will be paid money or other valuable consideration for obtaining signatures of active registered voters on the attached petition or certificate. I/We understand the filing officer must be notified not later than the 10th day after I/we first have knowledge or should have had knowledge that one or more petition circulators will be compensated for obtaining signatures. Additionally, unless this is for a recall petition or a minor political party formation petition, by signing this document, I hereby state that no circulators will be compensated on this petition. identify petition name of candidate or minor political party on prospective petition; or name of officeholder on recall petition signed* date signed signed* date signed signed* date signed * Statement must be signed by one of the following: -+candidate for nomination -+chief petitioner for recall petition -+chief sponsor for certificate of nomination -+chief sponsor for minor political party formation petition Statement of Organization for Chief Petitioner Committee SEL 222 rev 12/07: ORS 260.118 Filing a New Committee: This form must be completed and filed by chief petitioners of an initiative, referendum or recall petition within 3 business days of first receiving a contribution or making an expendTture and no later than the date the petition is approved for circulation. For a recall petition, it must be filed with the prospective petition. The "Original" box should be marked. A date stamped copy of this form, which includes the committee's identification number, will be returned to the treasurer as an acknowledgment of the filing. Chief Petitioners: A chief petitioner committee must list all chief petitioners of the petition. Amending Information on this Form: Any change in the information on this form must be filed within 10 days of the cha~ge. To notify the Elections Division of a change in information, submit this form, completed in its entirety, and mark the "Amendment" box. Discontinuing: A chief petitioner may discontinue their committee by disclosing all transactions that achieve a zero balance and filing a completed SEL 222 with the "Discontinuation" box marked. Discontinuation of a state initiative or referendum chief petitioner committee prior to the deadline for submitting signatures for verification can occur only if the petition is withdrawn. please type or print legibly in black ink This filing is an: o Original OAmendment o Discontinuation J, name of committee If changing committee name, please include former name. abbreviation or acronym committee address street/route, city, state, zip code; no post office box numbers campaign phone name of treasurer o Mr 0 Ms mailing address for committee correspondence work phone home phone fax email address name of alternate transaction filer OMr OMs mailing address for alternate transaction filer street/route, city, state, zip code email address type of chief petitioner com mittee mark both type of petition AND jurisdiction type of petition Olnitiative o Referendum o Recall jurisdiction o State* OCounty OCity OSpecial District date prospective petition filed mm/dd/yy * date of election (only required for state petitions) mm/dd/yy continued on the reverse side of this form SEL 222 J. subject or ballot title of petition/name of public official for recall name of chief petitioner phone number address including zip code name of chief petitioner phone number address including zip code name of chief petitioner phone number address including zip code J. signature By signing this document I acknowledge that I am personally liable for any penalties imposed under ORS chapter 260, and attest that the information on the form is true and correct. treasurer's signature date signed chief petitioner's signature (optional) date signed for office use only initials committee 10 number office number date acknowledgment sent