Item C: City of Eugene Elections Code Revision

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: City of Eugene Elections Code Revision Meeting Date: February 11, 2008 Agenda Item Number: C Department: City Recorder’s Office Staff Contact: Mary Feldman www.eugene-or.gov Contact Telephone Number: 541/682-8353 ISSUE STATEMENT This is a work session on revisions to the City of Eugene Elections Code. BACKGROUND The City’s Elections Code, EC 2.960 to 2.1005, sets out most of the rules that govern elections for the Mayor, City Council and Eugene Water & Electric Board as well as elections on initiative and referendum measures. Elections law consists of a mix of Eugene Code and Charter provisions, state statutes and state administrative rules. As discussed in more detail below, in some cases state law requires certain procedures, while in others the City has substantial leeway to adopt its own standards and procedures. The City Recorder has worked closely with the City Attorney’s Office to generate proposed changes to the Elections Code. Most of the proposed changes are intended to clarify existing code provisions without changing their meaning. The sections pertaining to initiatives and referenda have been reordered so that the sequence of code provisions track the initiative and referenda processes chronologically. Several of the proposed revisions make substantive changes that present substantial policy issues for the council to resolve. These include policy issues related to the ballot title appeal process, council adoption of an initiative ordinance or repeal of a referred ordinance during the 61 days preceding an election, and the timing of elections on referendum and council-referred measures. None of the proposed changes to the elections code alter the amount of time during which petitioners may gather signatures on a measure. City Elections to be Conducted in Accordance with Code and Charter The proposed amendment to EC 2.960 ensures that City elections will be conducted in accordance with the Eugene Code and Charter, while also providing that if a situation arises that is not governed by the Code or Charter, state elections law will fill the gap. Definitions The proposed amendments move the definitions to the beginning of the Elections Code. This reorganization is intended to make the Elections Code easier to read as well as to ensure that the definitions apply to the entire Elections Code and not just the provisions governing initiative and referendum measures. Definitions for “candidate,” “certify,” “chief petitioner,” “city official,” “general election,” “measure,” and “primary election” have been added. The definitions of “candidate” and “chief petitioner” are taken directly from state law. F:\CMO\2008 Council Agendas\M080211\S080211C.DOC