HomeMy WebLinkAboutOrdinance No. 19883ORDINANCE N0. 1988
AN ORDINANCE CONCERNING ELECTION PROCEDURES; AMENDING
SECTIONS 2.505, 2.515, 2.520, 2.910, 2.911, 2.913,
2.915, 2.916, 2.911, 2.919, 2.980, 2.981, 2.982, 2.983,
2.984, 2.987, 2.988, 2.990, 2.992, AND 2.1990 OF THE
EUGENE CODE, 1911; REPEALING SECTIONS 2.914 AND 2.918
4F THAT CODE; AND ADDING SECTIONS 2.1000 AND 2.1005 TO
THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.505 of the Eugene Cade, 1911, is amended to provide:
2.505 Finance_ officer -Oath; Bond. Before entering upon the duties of
Plluummn._
office,~~~~the finance officer shall file in the office of the cit
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manager h ~ s/her of f i c ~ al oath and al so a bond to the c ~ ty ~ n a sum as the
council may require with two ar mare sureties approved by the city manager, ar
a bond executed by a surety company duly authorized under the 1 aws of the state,
conditioned that he/she wi 11 faithfully discharge his/her duties as finance
officer and account for and pay over to the person or officer entitled thereto,
all money which carves into his/her hands at the time or times required by the
charter or ordinances of the city, and turn over to his/her successor all books,
papers or property belonging to the city that may come into his/her hands by
virtue of his/her office.
Section 2. Subsection ~2} of Section 2.515 of the Eugene Code, 1971, is
amended to provide:
' ficer -Records
2.515 F_~.n_ance_ _0f i11.,.,1„I,1,. ~.,~L~LI~I..,~I_ and Reports.
• I gini.~ Plullm 0.
~ 2} The finance officer shall receive, receipt, and safely keep
all money belonging to the city and select the depositories for city money and
recur ~ t ~ es . The f ~ Hance of f ~ cer may pay out money only on a check signed by the
mayor or city manager and finance officer. He or she shat 1 keep a separate set
of accounts for each fund and make na disbursement from any fund other than the
fund from which the disbursement i s authorized .
Section 3. Section 2.520 of the Eugene Code, 1971, is amended to provide:
2.520 Finance Officer -Custodian of Cor orate Seals and Documents. The
finance officer shall be custodian of the corporate seal of the city
and~may affix the same to appropriate documents issued by him/her. The finance
of f ~ cer shall also keep and f i 1 e i n his/her office, under appropriate heads, al 1
documents belonging to the city.
5ecti on 4. Subsection ~4} of Section 2.9fi4 of the Eugene Cade, 1911, i s
amended to provide:
Ordinance • 1
2.964 Elections -Nomination.
~4} In a year for filling an off i ce referred to i n subsection ~ 1 } ,
~2}, or ~3} of this section, a nomination of a candidate far the office shall
be effected by f i 1 i ng with the city recorder at 1 east 75 days before the first
election for f i 11 i ng the office, the date of the election to be included i n the
computation of time, a certi f i cote of nomination:
~ a} Signed by 25 legally qualified electors i n the area to
be represented by the office, and
fib} Accompanied by the candidate's acceptance of the
nom nat~ on, a statement of argani zati on designation of the
candidate's principal campaign committee and appointment of
pol ~t~cal campaign treasurer, and a statement that petition
c~ rcul ators w~ 11 ar w~ l l not be paid.
Section 5. Sections 2.914 and 2.918 of the Eugene Code, 1971, are
repealed, and Sections 2.910, 2.911, 2.913, 2.915, 2.916, Subsections ~1} and
~2} of Section 2.911, and Sections 2,919, 2.980, 2.981, 2.982, 2.983, 2.984,
2.985, 2.981, 2,988, 2.990, and 2.992 of that Code are amended, to provide:
2.970 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 atherwi se. State statutes governing exercise of the initiative and
referendum da not apply to exercise of these powers by the city ar its e1 actors .
As used i n secti ans 2.911 to 2.988 of this code, the following wards and phrases
mean:
,C~i t I~attOrney. A person or 1 aw firm appointed by the city
manager to provlide legal advice to the manager and council on
election matters.
C,~t-y~rec_order. The city manager or the manager's designee.
,Compl eted,,,p,et i t i on . An initiative or referendum petition
containing al 1 of the information required by 1 aw and containing at
1 east the number of elector signatures required by section 2.912 of
this code.
,Confl~cti,n,g measures. Measures are conflicting when any.part
of one measure cannot operate concurrently wi th a prov i s i an of the
other measure ar 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.
Leg i sl at,~„on . A 1 aw of a permanent or general character which
creates pol,i cy as opposed to executing pal i cy already i n existence,
and wh ~ ch ~ s w~ th ~ n the mean ~ ng of "1 egi sl at i an" as that term i s
used in Oregon Constitution, Article Iv, Section 1~5}. "Legislation"
~ ncl udes both ord~ nances and charter amendments or revi s i ans .
Organization . I ncl udes a corporat i on, association, firm,
partnersh~ p, ~o~ nt stack company, club or other combination of
Ordinance - 2
individuals having collective capacity,
Prospecti,,,,ve petition, The information, including the proposed
measure, except signatures and other identification of petition
signers, required to be cantai ned i n a compl eted petition .
2.911 Elections -Initiative and Referendum Manner of Initiatin or
Referring Legi s1 ati on.
~ 1 } E1 ectors may initiate proposed 1 eg i s1 at i on by filing with the
city recorder a completed initiative petition proposing the legislation and
requesting i t be submitted to the electors of the city.
~2} Electors may refer council legislation by filing a completed
referendum petition with the city recorder prior to the effective date of the
1 egi sl ati on, requesting that the 1 eg i sl ati on be submitted to the e1 ectors .
~3 } The counc i 1 may order submission of proposed or adapted
legislation to the e1 ectors.
2.913 Elections -Initiative and Referendum Form of Petition.
~1} An initiative or referendum petition shall be in the form
prescribed by the city recorder.
~ 2 } The chief petitioners shal 1 include with the prospective
peti ti on a statement declaring whether one or more persons wi 11 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 1 ater than the tenth day
after any of the chief petitioners first has knowledge or shout d 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.
fib} No person is being paid for obtaining signatures, when
the statement included with the prospective peti ti an declared that
one or more such persons would be paid .
~3} Each sheet of signatures on an initiative or referendum
petition shal 1 contain the caption of the bal 1 of ti t1 a issued under sect i an
2.917. The chief petitioners for a ref erendum petition may elect to place an
each signature sheet the ti t1 a of the ordinance or resolution to be referred
instead of the ballot title caption.
~4} 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 . I f both sides of a
signature sheet are used, each side shal 1 contain the information required on
a s i gnature sheet under subsection ~ 2 } of this section.
~ 5} Not more than 2~ 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 peti ti an, i f the cover i s 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 i s an elector registered i n the city. Such
verification shal 1 be an a form prescribed by the city recorder.
Ordinance - 3
2.975 Elections -Initiative and Referendum Attachment of Measure. No
signature on a petition signature sheet shall be counted unless, at
the time of its execut i an, the signature sheet i s securely attached to a f ul l
and correct copy of the measure to be initiated or referred.
x.916 E1 ecti ons - Initiative and Referendum Procedure Prior to
Circulation of Petition.
~1} Presentation. No initiative or referendum petition may be
f i 1 ed with the city recorder unless:
~a} Prior to its circulation a praspective petition is filed
with the city retarder containing 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 mare than three
persons or entities under whose sponsorship the petition has been
prepared and i s to be circulated . I f the sponsor of the petition
i s an organization, the prospective petition shall disclose its name
and address and the name and address of each of the principal
officers of the organization and the signature of the chief of f i ter
of the organization;
fib} As circulated, the petition complies with the city
recorder's specifications 1 i steel below, cantai ns the caption or
ordinance title required by section 2.9132} and cantains the name
and address of the sponsors of the petition;
~c} The date the first signature on the petition is affixed
i s no 1 ater than 90 days after the issuance of the bal 1 at title on
the measure;
~d} The petition i s filed with the city recorder for
cert i f i cat i an and approval no 1 ater than 100 days after the date the
first signature on the petition is affixed. A referendum petition
shal 1 be f i 1 eel by that time or by the date the 1 egi sl ati an sought
to be referred takes effect, whichever is earlier.
~ 2} S eci f i cati ons and Referral for Ballot Title. When a
prospective peti ti an i s f i 1 eel, the city recorder shal 1 immediately:
~a} Check i t for legal sufficiency as to form;
~ b} Advise the person depositing i t whether i t i s l ega11 y
sufficient i n form and i f i t i s not, how to make i t so;
~c} Advise the person depasi ti ng the petition of the
election f i 1 i ng deadline provided by section 2.992;
~d} Specify the mode of dup1 i cati ng the petition and the
size and kind of paper on which i t i s to be duplicated; and
fie} Transmi t a copy of the petition to the city attorney.
.911 E ect~ans In~t~at~ve a,,,,„„
' - „,nd,,,,, Referendum, Prepara,t„on of Bal 1 ot,,,, Ti tl e;
Appeal .
~ 1 } The city attorney shal 1 prepare the ballot title for the
measure and return a copy of the bal 1 of title to the city retarder. Such return
shall be made no later than:
~ a} The fifth business day after the city attorney receives
Ordinance - 4
a copy of a prospects ve petition for an initiative measure; or
fib} The fifth business day after the council decides to
submit 1 eg i sl at i on to the electors under section 2.91 ~ ~3 } ; or
~c} The fifth business day after recei vi ng a copy of a
prospects ve pets ti an for a referendum measure.
~2} The bal 1 of title of any measure to be initiated or referred
shall comply with the state statutes i n effect at the time the bal 1 at title i s
prepared. The ballot title shall not resemble, to the extent it creates
confusion, any title previously filed for a measure to be submitted at that
election,
2.979 Elections -Initiative and Referendum Verification of Si natures.
~1} An initiative or referendum petition shall be filed with the
city recorder for signature verification. Within 15 days of such filing, the
c~ ty recorder or the recorder's des ~ gnee shat 1, by reference to the records i n
the Lane County E1 ect i ons office, verify the number and genuineness of the
signatures and the voting qualifications of the signers ; and, i f el ectars i n 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 i s an insufficient number, the petition shat 1 be returned
to its sponsor.
~2} If the required number of signatures exceeds 4,500, the city
recorder may utilize the statistical sampling technique established by rule of
the Secretary of State to verify whether a pets ti on contains the required number
of signatures of electors . I f veri f i ed under this procedure, a pets t i on may not
be rejected fvr the reason that i t contains 1 ess than the required number of
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 . Na later than 20 days after verification of
signatures an a petition for a measure, the city manager shall present the
petition to the counc i 1 far consideration . At that time, or thereafter, the
council may:
~ a} Adopt an ordinance proposed by an initiative petition;
fib} 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 ar referred
measure,
Counc i 1 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
fio days after verification of signatures on the petition for the measure.
2.98I E1 ecti ons -Initiative and Referendum vats n on Measure.
~ I } A charter or charter amendment or revision proposed by
initiative petition, or an ordinance proposed by initiative petition but not
Ordinance - 5
enacted, or an ordinance referred by petition but not repealed in accordance
with section 2.980, shall be submitted to the electors .
~2} The time for voting on an initiative measure submitted to the
electors under subsection ~ 1 } of this section shat 1 be the first primary or
general election held more than 90 days after certification and acceptance of
the petition under secti an 2.979, unless the counci 1 calls an earlier special
election on the measure. The special election may not be held earlier than 50
days after certification and acceptance of the petition .
~3} An election an 1 egi sl ati on referred to the electors by
petition shall be held on the next avai 1 abl a election date under state law that
is not sooner than the 90th day after certification and acceptance of the
referendum petition under section 2.919, unless the counci 1 cal 1 s an earlier
special election on the measure. The special election may not be held earlier
than 60 days after certi f i cat i an and acceptance of the petition .
~4} A speci al election that i s to be conducted i n accordance with
the procedures of section 2.1000 of this code on 1 egi sl ati on referred to the
electors by the council may be held at any date that is at least 60 days from
the date the council orders submission of the legislation.
2.982 Elections -Initiative and Referendum Furnishin Information to
County Clerk. Where legislation is to be voted on at an election,
the date of which i s prescribed by state 1 aw, the city recorder shall submit to
the Lane County elections clerk, i n accordance with the time limit established
by state 1 aw for the submi ssi on, a certi f i ed copy of the bal l of title.
2.983 Elections R Initiative and Referendum Desi nation on Ballot.
Legislation submitted under this chapter shat 1 appear on the bal 1 of
by ballot title only. Initiative measures shall be distinguished fram
referendum measures .
2.984 E1 ecti ons -Initiative and Referendum Election Returns. The votes
on a measure shat 1 be counted, canvassed and returned as fal l ows
~a} In case of an el ecti an held at a ti me prescribed by
state 1 aw, i n the same manner as other vitas cast at such an
election in the city.
fib} In case of special elections held at other times, i n the
manner prescribed by the city manager.
2.985 Elections -Initiative and Referendum Proclamation b Ma or.
~1} Immediately upon completion of the canvass of votes vn a
measure submitted pursuant to this chapter, the mayor shall issue a
proclamation:
~a} Recapitulating the vote on the measure.
fib} Declaring whether the vote shows a ma jari ty of those who
voted on the measure to be in favor of it; and
~c} In case a ma jori ty of them favor the measure, announcing
the effective date of the 1 egi sl ati on i n accordance with section
Z . 98~ .
Ordinance - 6
~ 2 } The ,city recorder shall give public notice of the proclamation
by release to the media ar by posting a copy thereof at the city hall .
~3 } The procl amati an shall be f i 1 ed with the measure i n the office
of the city recorder.
2.981 Elections -Initiative and Referendum Conflictin Measures. Of two
conflicting measures approved by the electors at the same election,
the measure receiving the greater number of affirmative votes shat 1 be deemed
approved and the other measure deemed not approved.
2.988 Elections -Initiative and Referendum Unlawful Acts.
~1} No person other than a city elector shall knowingly sign a
city initiative or referendum petition.
~ 2 } No person shall sign such a pet i t i on wi th a name not his ar
her own.
~3} No person shall sign his or her name to such a petition with
knowledge of previously signing the petition.
~4} No person shat l circulate ar f i 1 e with the city recorder a
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 petition by fraud.
~fi} No person shall make a statement concerning such a petition
that the person knows to be false.
. ~1} No person shall knowingly make a document under this chapter
that contains a false statement.
~8} No city officer shat l wi 11 ful ly vi o1 ate a provi s i on of thi s
chapter.
2.990 Elections -Notice, The city recorder shall give 10 days' notice
of an e1 ecti an by one publication of the notice i n a newspaper
published ,and of general circulation i n the city, or by posting either printed
or typewritten vers~ans of the notice far 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 counci 1 directs otherwise i n cal 1 i ng the
election. The notice need not set forth in full any measure to be submitted to
the electors at the election, but the nati ce shall state the ball of title of the
measure.
2.992 ;El,ections „ „F,,,,1 ing of,,,,,,,,Measures. All measures to be voted on by the
electors at an el ecti an shall be f i 1 ed with the city recorder not
1 ess than five business days before the date set by state 1 aw for the city
recorder to file the measure with the lane County Elections office.
Section 6. Sections 2.1000 and 2.1005 are added to the Eugene Code, 1911,
to provide:
Ordinance - 1
2. loon E1 ecti ons - vati n b Mai 1.
. ~ 1 } , Upon a determi nati on by the council that i t i s economically
and adm~n~strat~vely feasible to do so, an election on a measure may be
conducted by mai 1 through contract with Lane County or, may be conducted by the
city recorder, in the manner set forth in subsections ~2} to X11} 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 obtai n a repl acement bal 1 of under
subsection ~5} of this section. The city recorder also shall designate one ar
more places for deposit of the bal 1 ots cast i n the election, which shat 1 be open
on the date of the election for a peri ad of 12 ar more hours, as determined by
the city recorder.
~3 } An official bal 1 at wi th a return identification envel ape and
a secrecy envelope shall be mailed by the city recorder not sooner than the loth
day nor 1 ater than the 14th day before the date of the e1 ecti on, to each person
registered as an e1 actor of the city as of the 21st day before the date of the
election.
~4} The city recorder shall make the official bal 1 at, return
identification envelope and secrecy envelope oval 1 abl a on1 y at the city
recorder's office or such other place as designated by the city recorder, for
an el actor who obtai ns a certi f i cati on of registration after the 21st day before
the date of an election conducted by mail . An elector to wham this subsection
applies must vote at the election i n 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 bal 1 of i n the return identification envelope to the city
recorder.
~5} Notwithstanding subsection ~3} of this section, replacement
ballots may be mai 1 ed not 1 ater than the fifth day before the date of the
election ar obtained i n person up unt i 1 and including the date of the election
from the city recorder.
~6} The bal 1 at or ballot 1 abet shall cantai n the following
warning
Any person who, by use of force or other means, unduly
influences an el actor to vote i n any particular manner
or to refrain from voting, is subject, upon conviction,
tv imprisonment or to a fine, ar both.
~ 1 } Upon receipt of a ball of pursuant to subsection ~3 } of th i s
section, the elector shall mark it, sign the return identification envelope
supplied with the ballot, and camel y 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 i t at the office of
the c~ ty recorder, or any place of deposit designated by the city recorder. I f
the e1 actor returns the bal 1 of by mai 1, the elector must provide the postage.
A bal l at 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 an the date of the election .
~8} If a bal 1 at i s destroyed, 1 ast, or not received, an elector
may obtai n a reel acement bal 1 ot. An elector seeki ng a reel acement bal 1 at shat 1
s ~ gn a sworn statement that the bal l of was destroyed, seal 1 ed, 1 ost, or not
received, and present the statement to the city recorder before the end of the
Ordinance - 8
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 bal l of shall be counted only i f
~a} It i s returned i n the return identification envelope;
~ b} The envelope i s signed by the e1 ector to whom the bal 1 of
i s issued; and
~c} The signature i s verified as pravi ded i n subsection ~ 10}
of the s sects an.
X10} The city recorder shall verify the signature of each elector
on the return identification envelope with the signature on the elector's
registration card i n accordance with the procedures of section 2.919 ~ 2} of th i s
code. If the city recorder determines that an elector to whom a repl acement
bal 1 of has been issued has voted more than once, the city recorder sha] 1 not
count any ballot cast by that elector,
. ~ 11 } Any bal 1 of and any elector cast i ng a bal 1 of by mai 1 may be
chat 1 enged ~ n the same manner, and fo1 l owi ng the same procedure as a chal l enge
~ n a non -may 1 conducted e1 ect i on .
2.1005 Elections -Prohibitions.
~ 1 } No person shal 1 knowingly make a f al se statement, oath or
affidavit where a statement, oath or affidavit i s 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 .
Section 7. Section 2.1990 of the Eugene Code, 1911, is amended by adding
a new subsection ~~} thereto, to provide:
2.1990 ,Penal ti es -Specific.
~~} Violation of section 2.1005 i s punishable by a f i ne not to
exceed $1, 000 or confinement i n jai 1 not to exceed one year, or both fine and
imprisonment.
Section 8. The City Recorder, at the request of , or with the concurrence
of the City Attorney, may administratively correct any reference errors
contained herein, or i n other provisions of the Eugene Cade, 1911, to the
provisions added, amended or repealed herein.
Passed by the City Council this
26th day of October, 1992
City Recor,~ er
Approved by the Mayor this
26th day of October, 1992
ayor
ordinance - 9