HomeMy WebLinkAboutOrdinance No. 20030ORDINANCE NO. 20030
AN ORDINANCE CONCERNING THE vOTER' S PAMPHLET; AMENDING
SECTIONS 2.993, 2.994, 2.996, AND 2.998 OF THE EUGENE
CODE, 1971 ~ AND REPEALING SECTION 2.995 OF THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS
Section 1. Section 2 , 995 of the Eugene Code , 1971 i s repea 1 ed , and
Sections 2.993, 2.994, 2.996, and 2.998 of that Code are amended to provide:
~ .993 1~oter' s Pa,m,phl et ,
~ 1 } The city manager shal 1 publish and di stri bute a 1 ocal vater's
pamphlet for each election i n whi ch a ci ty measure i s on the bal 1 at unless
~a } The measure i s placed on the bal 1 at by petition or
counci 1 action occurring 1 ess than 55 days before the election date;
or
~ b } The counci 1 determines that the envi ronmenta 1, economi c
and social impacts of adoption of the measure are not substantial
enough to warrant the expense of preparation and distribution of a
voter's pamphlet.
As used i n sections 2.993 to 2.998 , "measure" and "city measure" mean a proposed
city ordinance or charter amendment or a proposi ti on or question or advisory
measure placed on the bal 1 of by the council , i ncl udi ng a measure referred on the
recommendation of the Eugene Water & El ectri c Board ~ EWEB} . "Measure" and "city
measure" also include municipal 1 egi sl ati an or charter provisions placed on the
ba 11 of by initiative or referendum petition .
~ 2 } The city manager shat 1 include i n a voter's pamphlet published
pursuant to subsection ~ 1 } statements from candidates i n races for city offices
tcounci l , mayor, or EWEB member} i f such statements are submitted by the
candidates , together wi th a fee i n the amount of X100.00 .
~3} In the event that no city measure i s submitted for a vote at
an election at which there i s a race for a ci ty office, and neither the state nor
county publ i sh a voter's pamphlet open to candidates for city offices who have
submitted statements pursuant to subsection ~ 2} , the city manager shat 1 publish
a voter's pamphlet which shat 1 contain such statements .
~4} A voter's pamphlet published by the city manager pursuant to
subsection ~3 } shal 1 be distributed city-wide i f a candi date statement included
therein i s for the office of mayor or EWEB at 1 arge member, If the only
statements submitted are for city counci 1 or EWEB positions , the voter's pamphlet
ordinance - 1
shall be distributed only in the wards for which there are candidates who have
submitted statements.
~ .994 voter's Pam~h 1 et-,,,,,Contents .
t 1 } A voter's pamphlet published under section 2.993 shall contai n
far each measure the following items in the following order:
~a} The ballot title, question, statement and text to be
submitted to the e1 ectors at the e1 ecti on far which the pamphlet i s
prepared;
fib} One argument i n favor of the measure not to exceed 35D
words , fol 1 owed by a rebuttal to the argument not to exceed ZDD
wards ; and one argument i n apposition to the measure nat to exceed
350 words, followed by a rebuttal to the argument not to exceed 2DD
words . Such arguments and rebuttals shal 1 be submitted i n the
manner provided i n subsection ~ . 996 1 } ;
~c} Additional arguments in favor of, or in opposition to,
the measure may be submitted i n the manner provided i n subsection
2.9962} . Each argument sha11 not exceed 3-518 inches i n width by
8 inches i n 1 ength .
~ 2 } I n addition , the voter's pamphlet a 1 so may contain , either
preceding or following the ballot titles and arguments for each measure, other
general information about the election process that may be economically feasi bl e
to publish . This i nfarmati on may include, but i s not 1 i mi ted to, hours of
operation and 1 ocati on of pal 1 i ng places , requirements for a ci ti zen to qualify
as an elector, when an elector i s required to re-register, haw to register to
vote , how an elector may obtain and use an absentee ba 11 of , a sampl e ba 11 of , and
other relevant information , pictures , figures , and data relevant to the election .
~3} Fol 1 owi ng the information contained i n subsection ~ 1 } , the
voter's pamphlet sha11 include statements from those candidates for city offices
who submit such statements and pay the required fee. The statements shal 1 not
exceed 250 words and may i ncl ude a photograph of the candidate . . Unti 1 such time
as the city manager adopts rules governing the size andlor type of candidate
information , the city shal 1 apply the criteria adopted by the state relating to
candidate information i n state voter's pamphlets .
2.996 voter's Pam hl et -Submission of Ar uments For or A ai nst Measure
and Statements from Candidates.
~ 1 } Not 1 ess than 47 days prior to the date of the election , the
written arguments authorized by subsection 2.994 1 } fib} i n favor of , and i n
opposition to , a measure , s ha 11 be submitted to the city retarder . I n the event
that the election i s by mai 1 bal 1 ot, the arguments shal 1 be submitted 54 days
Ordinance - 2
prior to the date of the election. Any rebuttals to the arguments shall be
submitted 37 days (44 days for mail ballots) prior to the date of the election.
Such arguments and rebuttals shall be prepared and submitted in the following
manner:
~a ~ Citizen-initiated measures . The written argument i n
favor of the measure, and the rebuttal to the argument i n opposition
to the measure, shat 1 be submitted by one or more of the chief
peti ti avers . The written argument i n opposition to the measure , and
the rebuttal to the argument i n support of the measure, shal 1 be
submitted by athree-person committee. The committee shal 1 be
chosen by the city recorder by 1 of , at a ti me and p1 ace announced to
al 1 applicants , from among persons who fi 1 e an application for a
position on the committee wi thi n a ti me specified by the city
recorder after appropriate notice of opportunity to apply. An
applicant shat 1 certify under penalty of per jury that he or she i s
a bona fide opponent to the measure. ~f no one applies for
appointment to prepare the argument i n apposition, the voters'
pamphlet shall sa state.
~ b ~ Ci t counci 1-referred measures . The written argument i n
favor of the measure, and the rebuttal to the argument i n opposition
to the measure, shall be submitted by one or more of the city
counci 1 ors who voted i n favor of the measure; except that i n the
case of a measure referred an the recommendation of EWER, one or
more members of the EWEB Board voting in favor of the measure sha11
be substituted for the city counci 1 ors . The written argument i n
opposition to the measure, and the rebuttal to the argument i n
support of the measure, shall be submitted by athree-person
committee chosen i n the same manner as provided by paragraph ~ 1 } ~ a 7
of this subsection .
~c ~ Ci ti zen.. referred measures . The written argument i n
favor of the measure, and the rebuttal to the argument i n opposition
to the measure, shall be submitted by one or more of the city
counci 1 ors who voted i n favor of the ordinance referred. The
written argument i n opposition to the measure, and the rebuttal to
the argument i n support of the measure, shal 1 be submitted by one ar
more of the chief petitioners of the referral petition , so 1 ong as
the persons who submit the argument and rebuttal first certify under
pena 1 ty of perjury that they are bona fide opponents of the
ordinance . I f the chief petitioners are not bona fide opponents
fie. g . , i f they merely favor the opportunity to vote on the i ssue7 ,
the argument i n opposition to the measure, and the rebuttal to the
argument in support of the measure, shall be submitted by a three-
person committee chosen i n the same manner as provided by paragraph
ordinance - 3
(1)(a) of this section.
If one or more members of the committees preparing the arguments or rebuttals
cannot agree on a consensus statement, he or she may write his or her own
statement not exceeding one-third of the total number of words allocated to the
argument or rebuttal. The length of the consensus argument, if any, shall be
reduced by the same amount.
(2) Not less than 47 days prior to the date of an election (54 days
for mail ballots), additional arguments in support of, or in opposition to a
measure, authorized by subsection 2.994(1)(c), may be submitted providing:
(a) The petition submitting the argument is accompanied by
the signatures of 300 electors of the city supporting the argument
which signatures have been gathered by non-paid signature gatherers;
or
(b) The petition submitting the argument is accompanied by
a fee of $500, or a higher fee as set by city council resolution,
and the signatures of 300 electors of the city supporting the
argument, which signatures have been gathered by paid signature
gatherers.
Any argument submitted pursuant to paragraph (b) of this subsection shall include
a statement at the bottom of the page that a fee was paid to collect the
signatures on the petition and to have the argument included i n the voter' s
pamphlet.
(3) Statements from candidates for city offices shall be submitted
not less than 47 days prior to the date of an election (54 days for mail
ballots).
(4) Any person who is being paid to gather signatures shall wear
a button, three inches in diameter, which states "I am paid to collect
signatures." Type face for the writing on the button shall be not less than 32pt
font size and with a design approved by the city manager or designee. The button
shall be readily visible on the front of the person. This subsection applies
only to collectors of signatures for petitions to have arguments included in the
city's voter pamphlet.
(5) Each person signing a petition shall subscribe to a statement
that the person has read and agrees with the argument.
(6) Signatures on the petition shall be verified by the city
recorder or designee by comparing the signatures of the electors on the petition
with the signatures of the electors on the elector registration cards. The city
recorder or designee shall attach to the petition a certificate stating the
number of signatures believed to be genuine. A signature not included in the
number certified to be genuine shall not be counted by the city recorder for
determining compliance with subsection (2) of this section.
(7) 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
Ordinance ~ 4
~c} Otherwise does not comply with sections 2.993 to 2.998
of this code .
~8} The city recorder shall include in the voter's pamphlet on the
page of the printed candidate statement and arguments on a measure, the name of
the person who submitted the statement or argument , the name of the organi zati an
the person represents, if any, whether the argument supports or opposes the
measure, the statements} required by subsection ~. 99G~2} , i f ap~pl i cabl e, and a
disclaimer i n substantially the fol 1 owi ng 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."
1loter s Pamghl et,.,,,,., Rul ern ,_„ ._~~~~~„~...
_' - aki na Power . The city manager shal 1 have
the authority to issue rules and regulations governing
~ a } The content , form and deadline for fi 1 i ng any material
required to be filed under sections 2.993 to ~ .998 of this code ;
fib} verification of signatures;
~c} Such other matters as are necessary for the
administration of sections 2.993 to ~. 998 of this code.
Such rules and regulations shat 1 be adopted using the process set forth at
section 2 , X19 of this code .
Section 2 . 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 Code, 1971, to the provi si ans added,
amended or repea 1 ed herein .
Passed by the City Counci 1 thi s
4th day of December, 1995
-- ~~
City Re rder
Approved by the Mayor this
4th day of December , 1995
~/ 1 fly ~cz.A~l~-~
Mayor
Ordinance ~ 5