HomeMy WebLinkAboutOrdinance No. 20287
ORDINANCE NO, 20287
AN ORD][NANCE CONCEP,2NING ELECTIONS; AMENDING
SECTIONS 2.964, 2~966, 2.970, 2.971, 2.973, 2.976, 2.977, 2.981
AND 2.986 OF THE EUGENE CODE, 1971; REPEALING
SECTION 2.975 OF THAT CODE; AND ADDING SECTION
2.965 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.964 of the Eugene Code, 1971, is amended as follows:
2.964 Elections - Nomination.
(1) A candidate for a city council ofrice representing a particular ward shall be
nominated by the individual electors from that ward.
(2) A candidate for a Eugene Water & Electric Board office representing a pair
of wards shall be nominated by individual electors f?om 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 1(he entire
city.
(4) In a year for filling an office referred to in subsection (1), (2), or (3) of this
secfion, 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 the city
recorder at least 75 days before the first election for filling the office and it shall be signed by 25
legally qualified electors in the area to be represented by the office. For proposes of calculating the
filing deadline, the date of the election shall be included in the computation of time.
Section 2. Section 2.965 of the Eugene Code, 1971, is added to provide:
2.965 Elections - Residenc~. A candidate for a city office 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 shall maintain his or her residence ;vithin 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 be filled in the manner other vacancies in that office are filled. If a
councilor or candidate 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 spends more than 50% of
the time.
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Section 3. Subsection (2) of Section 2.966 of the Eugene Code, 1971, is arnended and a new
subsection (8) is added as follows:
2.966 Elections - Officers.
(2) In 2004 and every fourth year thereafter a mayor shall be elected from the city
at large and a councilor shall be elected fi:om each of the following wards:
(a) Ward 1
(b) Ward 2
(c) Ward 7.
(d) Ward 8.
A candidate who has been elected to office at the November election shall take
(8)
office upon the later of:
(a)
(b)
Filing of the oath or affirmation of office; or
The first Monday in January following the election.
Section 4, Section 2.970 of the Eugene Code, 1971, is amended by adding the following
definitions in alphabetical order:
2.970 Elections - Initiative and R~£ereadum~ Preamble and Definitions. The initiative
and re~%rendum 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
inkiative arid 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' office. The office of mayor, city councilor or Eugene Water and Electric
Board member.
Initiative petition. A petition by one or more qualified electors to initiate
proposed legislation to be adopted at an election.
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 arid 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.
Section.5. Subsection (4) is added to Section 2.971 of the Eugene Code, 197i, to provide:
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2.971 Elections - Initiative and Referend.u&n_ ~ Manner of Initiating or Refbrring_
_L_e. gislation.
(4) An ordinance passed by the council and referred by the electors under section
2.981 of this code, shall not take effect except as provided in section 2.986 of this code.
Secti0n 6. Subsection (3) of Section 2.973 of the Eugene Code, 1971, is amended, new
subsections (4) and (7) are added, and subsections (4) and (5) are renumbered as (5) and (6), as
fbllows:
2.973 Elections - Initiative and Referendum~ Fo~ of Petition.
(3) ~nature 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) ~nature 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 signat~e sheet may be used for obtaining signatures on an initiative or referendum
petition. If both sides ora 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
inhiative 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
s~gned 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.
Section 7. Section 2.975 of the Eugene Code, 1971, is repealed.
Section 8~ Subsections (2)(a), (b) and (e) of Section 2.976 of the Eugene Code, 1971, are
amended as follows:
2.976 Elections - Initiative and Referendum, ProCedure Prior to Circulation of Petition.
(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;
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(e) Transmit a copy of the petition to the city attorney for review and
action under section 2.977 of this code.
Section 9. Section 2.977 of the Eugene Code, 1971, is amended as fbltows:
23977 Elections - Initiative and Referendums Preparation of Ballot TitteL~Appeal.
(1) Within five business days following the city attorney' s receipt of a prospective
petition for an inkiated or referendum measure, the city attorney shall review the prospective petition
~br legal sufficiency, and, if appropriate, issue a ballot title.
(a) If the city attorne'y determines that the prospective petition is legally
insufficiem, 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, along with a copy of the city altorney's written
determination.
(b) If the city attorney determines tha~ the prospective petition is legally
suffic~enr~ the city attorney shall prepare a ballot tkle and deliver it to the city
recorder.
(2) Within five business days following the council's decision to submit
legislation to the electors under subsection (3) of section 2.971 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 sm~e smtmes in e~I~ct at the time the ballot title is prepare& The ballot tkle shall not resembte,
to the extent it creates confusion, any title previously filed for a measure to be submitted at that
election.
(4) An elector dissatisfied wkh the ballot title may, within five business days after
k 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 cky
recorder, the council shall afford the appellant a hearing and either approve the ballot title or
prescribe another ballot title for the measure. The title thus adopted shall be the ballot title for the
measure.
Section 10, Sections 2.981 and 2.986 of the Eugene Code, 1971, are amended as follows:
2.981
Elections ~ Initiative and_Referendum, Voting on Measure.
(1) Initiative.
(a) A charter or charter amendment or revision proposed by initiative
petkion, a protected ordinance proposed by initiative petition~ an ordinance proposed
by initiative petition but not enacted in accordance with section 2.980, 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 certification and acceptance of the petition under section
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2.979, unless the council calls an earlier special election on fhe measure. The special
election may not be held earlier than 66 days after certification and acceptance of the
petition.
(2) Referendum.
(a) An ordinance refbrred by petition but not repealed in accordance with
section 2.980 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 that is not sooner than the
90th day after certification and acceptance of the referer~dmn petition under section
2.979, unless the council calls an earlier special election on the measure. The special
election may not be held earlier than 66 days after certification and acceptance of the
petition.
(3) ~islation Referred ~y_ Council. A special election that is to be conducted
~n 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.
2.986 Elections - Initiative and Referendum~ Effective Da~e__of Measure.
A measure which has been approved by a majority of the electors takes effect upon
the mayoffs proclamation that the measure has passed, or at a later date, if specified in the measure.
S~ectior! 11. The City Recorder, at the request of, or with the concurrence of the City
Attorney, ~s authorized to administratively correct any reference errors contained herein or in other
provismns of the Eugene Code. 1971, to the provisions added, amended or repealed herein.
Passed by the City Council this
10t~ day of March~ 2003.
~City Recorder
Approved by the Mayor this
l0th day of March, 2003.
Mayor/
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