HomeMy WebLinkAboutOrdinance No. 19533ORDINANCE NO. 19533
AN ORDINANCE CONCERNING A vOTERS PAMPHLET; ADDING
SECTIONS 2.993, 2,994, 2,995, 2.996, 2.991, AND
2.998 TO THE EUGENE CODE, 1971; REPEALING SECTION
2.989 OF THAT CODE; AND DECLARING AN EMERGENCY,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 2.993, 2.994, 2.995, 2.996, 2.991 and 2,998 are
added to the Eugene Code, 1911, to read and provide;
2.993 voter's Pamphlet, The city manager shall publish and distribute a
local voter's pamphlet far each electian in which a city measure is
on the ballat unless:
~a} The measure is paced on the ballat by petition ar
council action occurring less than 55 days befare the election
date; or
fib} The council determines that the environmental, eco-
nomic and social impacts of adoption of the measure are not
substantial enough to warrant the expense of preparation and
distribution of a vater's pamphlet.
As used in sections 2.993 to 2.998, "measure" or "city measure" means a ro-
osed cit ordinance or ch r p
p y a ter amendment or a proposition ar question or
advisory.measure placed on the ballot by the council, and includes munici al
p
legislation or charter provisions placed on the ballat by initiative or
referendum petition, or referred to the voters by the council.
2.994 voter's Pam hlet - Contents. A voter's pamphlet published under
section 2.993 shall contain:
.~a} The ballot title and text of each city measure to be
submitted to the electors at the electian for which the pamphlet
is prepared;
fib} An explanatary statement for each city measure;
~c} Filed arguments for each city measure; and,
~d} Other general information about the election process
that+may be economically feasible to publish. This information
may include, but is not limited to, hours of operation and loca-
tion of polling places, requirements for a citizen to qualify as
an elector, when an elector is required to reregister, how to
register to vote, haw an elector may obtain and use an absentee
ballot, a sample ballot, and other relevant information, pictures,
figures, and data relevant to the election.
2.995 voter's Pam hlet - Pre oration of Ex lanatar Statement.
~1} The explanatory statement for each city measure shall be
developed no later than the 23rd day before an election for which a voter's
pamphlet is to be published, by a committee appointed in the manner set forth
below, The explanatary statement shall consist of words or numbers only,
Ordinance - 1
shall not exceed 500 wards, and sha] 1 be an imparti a1, sim 1 e and understandw
. P
able statement exp1 a~ n ~ ng the measure and its effects. The ex l anator
statement shall incl ~ p ~ y
ude an estimate and explanation of the annual f~nanc~al
costs to the city if the measure is passed.
~2} No later than the 47th day before the election, the ma or shall
y
appoint four persons to serve on a committee to draft the ex lantor state-
, p Y
ment. Two members of the committee shall be proponents of the measure and
two members shall be opponents. Those four shall select a fifth member of
the committee and notify the mayor of the selection. ~f the four members
have not selected the fifth member within five days of their a ointment or
in an event no later ~ pp ~ '
y than the 42nd day before the election, the fifth mem-
ber shall,be appointed by the mayor. As used herein, "' ro anent"" means the
. p p
ch~ef,pet~tioners of any measure in~t~ated ar referred b etition or a cit
councilor votin i ~ y p y
g .n favor of referring a measure to the voters far measures
referred by the city council. ""Opponents" means persons who state under oath
that they are opposed to the adoption of a measure.
~3} The city attorney shall prepare a draft ex lanatar stateme
p y nt
for each measure for review by the committee. The committee shall a rove
draft statement for ublic re ' pp a
. p view and comment no later than the 36th day be-
fore the e1ect~on. After g~v~ng reasonable public notice the committe
shat 1 hot d a ub1 i s heari n on t ~ e
p g he draft statement and seek public comment
thereon. No later than the 23rd day before the election the committ
ee shall
approve an explanatory statement far publication. If the committee fails to
agree on an explanatory statement, the draft explanatory statement re ared
by the cit attorne shall be t p .p
Y ,y he statement for the measure. The action of
the committee or city attorney shall be fina].
2.996 voter's Pam hlet - Ar uments For or A ainst Measure.
~~} No later than the 39th day before the election at which a cit
measure ~s to be voted u on a erson ~ y
p p , may file with the city recorder a type-
wr~tten argument supporting or opposing the measure. The ar ument shal] be
in words or numbers onl g
y, and shall consist of no more than 325 wards.
~ 2} Each argument filed shat 1 be accompanied by:
~a} A fee in the amount of $250, and a petition in a form
prescribed by the city manager captaining the signatures of 50
electors eligible to vote on the measure; or
fib} A petition in a form prescribed by the city mans er
contai n o n the s e n t g
g g a ures of 500 electors eligible to vote on
the measure.
~3} Each person signing a petition shall subscribe to a statement
that the person has read and agrees with the argument.
,~4} Signatures on the petition shall be verified by the cit man-
y
ager or his or her designee by comparing the signatures of the electors on
the petition with the signatures of the electors on the elector re istration
g
cards. The city manager or his or her designee shall attach to the etition
a certificate statin ~ ~ p
g 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 far determining compliance with subsection 2
~}
of this section.
~5} The city recorder shall reject any argument which:
~a} Contains any defamatory language;
fib} Contains any language which may not legally be circu-
l ated ~ n the may l s; or
ordinance - 2
~c} Otherwise does not comply with sections 2.993 to
2.998 of this code.
~6} The city manager shall include in the voter's pamphlet an the
page of the printed argument on a measure, the name Of the person who sub-
mitted the argument, the name of the organization the person represents, if
any, whether the argument supports or opposes the measure, and a disclaimer
~n substantially the fallowing farm:
"The printing of this argument 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 in the argument."
~7} When an argument relating to a measure is filed, the city
recorder shall immediately send a copy of the argument to each member of the
committee selected to prepare the explanatory statement under section 2.995
of this code.
2.997 Voter's Pam hlet - Distribution. No later than the 14th day before
the election at which a measure is to be voted upon, the city man-
ager shall mail a voter's pamphlet to each residence within the city. Voter's
pamphlets shal 1 be made avai 1 abl a for public distribution at city hall , the
city library, and at other municipal facilities within the city.
2.998 Voter's Pam h1et - Rulemakin Power. The city manager shall have
the authority to issue rules and regulations governing:
.~a} The content, form and deadline for filing any material
required to be filed under sections 2.993 to 2.998 of this code;
fib} Verification of signatures;
~c} The conduct of hearings by the committee charged with
the development of explanatory statements; and
.~d} Such other matters as are necessary for the adminis-
tration of sections 2.993 tv 2.998 of this code.
Such,ru1es and regulations shall be adopted using the process set forth at
section 3.012 of this code.
Section 2. Section 2.989 of the Eugene Code, 197, is repealed.
Section 3. That the matters contained herein concern the public wel-
fare, and i n order to insure the orderly i mpl ementati On of these provisions,
an emergency is hereby declared to exist, and this Ordinance shall become
effective immediately upon its passage by the City Council and approval by
the Mayor.
Passed by the City Council this
8th ay of Feb r , 1988
~~ i ty Recorder
Ordinance - 3
Annrnvar~ by tha Ma~-nr thi c