Item 2: Ordinance Revising Elections Code

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Elections’ Procedures; Amending Sections 2.960, 2.964, 2.965, 2.966, 2.968, 2.970, 2.971, 2.973, 2.977, 2.979, 2.980, 2.981, 2.993, 2.994, 2.996, 2.997, 2.1000 and 2.1990 of the Eugene Code, 1971; Adding Sections 2.961 and 2.975 to that Code; Amending Section 2.976 and Re-Numbering Section 2.976 to Section 2.974; Amending Section 2.990 and Re-Numbering Section 2.990 to Section 2.984; Amending Section 2.985 and Re-Numbering Section 2.985 to 2.986; Amending Section 2.986 and Re-Numbering Section 2.986 to 2.987; Amending Section 2.988 and Re-Numbering Section 2.988 to Section 2.989; Renumbering Section 2.984 to Section 2.985, Section 2.987 to 2.988; and Repealing Section 2.992 of that Code Meeting Date: February 19, 2008 Agenda Item Number: 2 Department: City Recorder’s Office Staff Contact: Mary Feldman www.eugene-or.gov Contact Telephone Number: 541/682-8353 ISSUE STATEMENT This is a public hearing to consider revisions to the City of Eugene Elections Code. BACKGROUND The City Council held a work session on proposed code revisions on February 11, 2008, and agreed to move the item to a public hearing scheduled for February 19. Councilors suggested some possible amendments, which they will have an opportunity to discuss and consider at the March 10 council meeting. The City’s Elections Code, EC 2.960 to 2.1005, sets out most of the rules that govern elections for the positions of Mayor, City Councilor, and Eugene Water & Electric Board Commissioner, 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 re-ordered so that the sequence of code provisions tracks the initiative and referenda processes chronologically. Several of the proposed revisions make substantive changes that present 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 L:\CMO\2008 Council Agendas\M080219\S0802192.doc