HomeMy WebLinkAboutReferendum Process
City Recorders 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
City of Eugene Referendum Process
Referendum Petition
This is a summary of the process for filing a with the City of Eugene. For additional
information, please contact Mary Feldman, City Recorder.
What is a referendum?
The referendum is part of Oregon’s system of direct legislation by the voters. This process gives
voters the ability to reject legislation adopted by the Eugene City Council but not yet in effect.
Who may file a referendum petition?
Any elector may refer legislation adopted by the Eugene City Council by filing with the City Recorder a
prospective referendum petition requesting that the ordinance adopting the legislation be referred to the
electors of the city for approval or rejection. The individual responsible for preparation and organization of
a referendum petition is the “chief petitioner.” Up to three persons may be designated as chief petitioners
for any one referendum petition.
The steps for filing a referendum petition are summarized below.
CHIEF PETITIONERS SUBMIT PROSPECTIVE REFERENDUM PETITION
Prior to circulation of a referendum petition, the chief petitioner(s) must submit the prospective
referendum petition to the City Recorder's Office. The City Recorder shall review the
prospective referendum petition for sufficiency as to form, and advise the petitioners of the
election filing deadline (Eugene Code Section 2.973). Please call the City Recorder’s Office to
schedule an appointment. The prospective referendum petition must include the following:
1. An exact copy of the ordinance to be referred, as passed by the Eugene City Council.
2. State Form SEL 370: Prospective Petition for Local Measure.
This form requests that the City
Attorney prepare a ballot title. The form must include a statement designating the names and addresses
of not more than three persons or entities as chief petitioners. If the chief petitioner is an organization, its
name and address, and the addresses of each of the principal officers of the organization, must be
provided. (Eugene Code Section 2.974)
3. State Form SEL 301:Statement One or More Petition Circulators Will/Will Not Be Paid.
(Eugene
Code Section 2.973) The chief petitioners shall include with the prospective petition a statement declaring
whether one or more persons will be paid money or other valuable consideration for obtaining signatures
of electors on the referendum petition.
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4. Cover Sheet,
which must include the following and be printed on the reverse side of each signature
sheet (EC 2.975):
a. Instructions to circulators and signers.
OR
b. The title of the ordinance to be referred the caption of the ballot title as it will appear at the
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election.
c. Names and addresses of Chief Petitioners.
d. An attached copy of the complete and correct text of the ordinance being referred. (EC 2.975)
5. SEL 371 or 373 Signature Sheet
, which must contain the following:
a. The number of the ordinance to be referred and the date it was adopted by the council.
b. A clear statement as to whether petition circulators are being paid. State Form SEL 373 is to
be used if some circulators are being paid. The SEL 371 is to be used if no circulators
are being paid.
c. A signed statement by the circulator that he/she personally witnessed each individual’s
signing of the sheet.
6. SEL 222 Statement of Organization
Chief petitioners sponsoring an initiative or referendum petition must file a Statement of Organization if
they are active. Registration must occur within 3 business days of first receiving a contribution or making
an expenditure, but no later than the date the petition is approved for circulation. The City Recorder
cannot approve cover and signature sheets for circulation until a Statement of Organization has been
filed.
To register, the treasurer or Chief Petitioner must file a Statement of Organization for a Chief Petitioner
Committee using the Oregon Secretary of State’s electronic filing system, ORESTAR, or completing the
paper form (SEL 222), and filing it with the Elections Division either by mail, fax or hand-delivery. The form
may be downloaded from the Election’s Division website at www.oregonvotes.org. Once filed with the
Elections Division, an identification number is assigned.
BALLOT TITLE
On the next business day after a prospective petition is filed, the City Recorder will provide a copy to the
City Attorney. Within 5 business days, the City Attorney will review the prospective petition for legal
sufficiency and, if appropriate, issue a ballot title. Unless a successful appeal is filed, this text will appear
on the ballot if an election is held on the referendum petition. Once the chief petitioners have received
written approval to circulate, the ballot title drafting process and the collection of signatures may occur
simultaneously,
APPEAL OF BALLOT TITLE
Upon receipt of the ballot title, the City Recorder publishes a notice in the next available edition of the
Register-Guard (a newspaper of general circulation) that the ballot title has been received. Any elector
dissatisfied with the ballot title may, within 7 business days after it is delivered to the City Recorder’s
Office, file an appeal with Lane County Circuit Court. An appellant must notify the City Recorder that an
appeal has been filed no later than 5 pm on the first business day after the petition has been filed with the
circuit court. The court rules on such appeals in an expedited hearing and makes the final determination of
the ballot title that shall appear before the voters at the election.
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Eugene Code 2.975(3) allows that each signature sheet may contain the number of the ordinance to be referred and the date it was
adopted instead of the caption of the ballot title. If petitioners place the Ballot Title language on the cover and signature sheet, and
the ballot title is later changed through the appeal process, all signatures collected with the original language would be invalid.
Therefore, it is recommended that the Ordinance number and title be used on the signature and cover sheets instead.
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CIRCULATORS COLLECT SIGNATURES
Number of signatures required to place a referendum petition on the ballot:
A referendum petition requires 10 percent of the number of votes cast for mayor at the most recent
mayoral election preceding the date when circulation of the petition begins. Based on the November 4,
8,041
2008, election, the number of signatures required is who must be registered voters in Eugene.
Many signatures are rejected during the verification process because they are illegible, duplications, or the
electors do not reside within the boundaries of the city of Eugene. Therefore, petitioners are advised to
collect at least 10 percent more signatures than are required (an additional 804 or total of 8,845) in order
to increase the likelihood of enough valid signatures to meet the requirement.
Time limit for collection of signatures:
As specified in the Eugene Charter Section 32, an ordinance takes effect 30 days after it has been
approved by the council and signed by the mayor, unless it is passed with an emergency clause.
All signatures must be collected and filed with the City Recorder prior to the ordinance taking effect, or no
th
later than 5 p.m. on the 30 day following passage of the ordinance.
If the petitioners fail to complete the process within the 30 days, the petition is void. However, the
petitioners may later file an initiative petition.
CHIEF PETITIONERS FILE PETITION SIGNATURE SHEETS FOR VERIFICATION
When a petition is filed with the City Recorder’s Office, the petition signature sheets will be forwarded to
Lane County Elections. The elections division, acting on behalf of the City, shall verify the legality of the
signatures within 15 calendar days of the filing date (Eugene Code 2.979(1)).
PETITIONERS FILE FINANCIAL REPORTS
Oregon law requires that chief petitioners file reports of all financial transactions. A transaction is due
within seven days of its occurrence beginning on the date the treasurer is appointed and the chief
petitioner committee is filed with the Elections Division and ending on the deadline for submitting
signatures for verification. Beginning on the day after the deadline for submitting signatures, a transaction
is due not later than the 30th day after its occurrence. A transaction is due no later than 12 midnight on the
deadline for filing the transaction.
If the referendum qualifies to the ballot and will subsequently be voted on at an election, and the chief
petitioner committee intends to be active at the election, a political committee must be formed by
completing and filing a Statement of Organization (form SEL 221) and Campaign Account Information
(form SEL 223).
For more information, please see the 2008 Campaign Finance Manual published by the Oregon Elections
Division.
ELECTION
Placement on an election:
As specified in Eugene Code Section 2.981, a referendum that is certified to have sufficient signatures will
appear on the next available election date under state law that is not sooner than 90 days after the
certification, with the following exceptions.
(1) No later than 61 days prior to the next available election date after verification of signatures
on the referendum petition, the City Council may vote to repeal the ordinance referred by
petition (Eugene Code 2.980).
(2) The council may choose to place the referendum on an earlier or later special election. The
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special election may not be held earlier than 66 days after certification of the petition.
Timing of effect:
If a sufficient number of signatures are collected to refer the ordinance to the voters, the ordinance does
not take effect before the election. Unless specified otherwise in the measure, an ordinance referred to
and approved by the voters shall take effect immediately upon the mayor’s proclamation that the measure
has passed (Eugene Code Section 2.987).
Eugene Code Sections pertaining to the referendum process and copies of forms referred to in these
instructions are included with this packet:
Eugene Code Chapter 2 Sections 2.960-2.1005
SEL 370 Prospective Petition for Local Measure
SEL 301 Statement One or More Petition Circulators Will/Will Not be Paid
Petition Cover Sheet – SAMPLE only
SEL 371 Petition for Local Measure Signature Sheet - No Circulators Being Paid
SEL 373 Petition for Local Measure Signature Sheet - Some Circulators Being Paid
SEL 222 Statement of Organization for Chief Petitioner Committee
SEL 221 Statement of Organization for Political Action Committee
SEL 223 Campaign Account Information
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