Chapter 2.30
MUNICIPAL ELECTION PETITION CIRCULATION

Sections:

2.30.010    Intent and purpose.

2.30.020    Definitions.

2.30.030    Circulation of petitions – Conditions.

2.30.040    Identification badge.

2.30.050    Use of fact sheets.

2.30.060    Enforcement and penalties.

2.30.010 Intent and purpose.

It is the intent of the City Council in enacting this chapter to supplement existing State law by establishing the reasonable time, place and manner for regulation of the circulation of initiative, referendum and recall petitions which call for the enactment or repeal of City legislation or for the recall of an elected City official. The City Council finds that misrepresentation in the process of gathering signatures for such petitions has been a serious and widespread problem in the City. This chapter shall complement existing State legislation and shall be interpreted in a manner consistent with constitutional requirements. Should any provision of this chapter be determined invalid for any reason, the remainder shall be severed therefrom, and shall remain in full force and effect. (Ord. 338 § 1, 1991)

2.30.020 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. “City Attorney” means any member of the office of the City Attorney of the City, or special counsel retained by the City Attorney.

B. “Fact sheet” means any document purporting to provide information concerning the subject matter of a petition.

C. “Paid signature gatherer” means a person who is compensated through payments of money, either as an employee or independent contractor, to obtain signatures on a petition.

D. “Petition” means an initiative, referendum or recall petition which calls for the enactment of City legislation, for the repeal of City legislation, or for the recall of an elected City official at a municipal election. (Ord. 338 § 1, 1991)

2.30.030 Circulation of petitions – Conditions.

No petition shall be circulated for signature by any registered voter of the City until each proponent of the petition has filed with the City Clerk a statement of the proponent’s name, address and telephone number, and the name, address and telephone number of any person, firm or company, if any, compensated to circulate the petition, together with the names of any and all paid signature gatherers of such person, firm or company who will be compensated to gather signatures on the petition. The statement shall be provided by the City Clerk to the proponent or proponents who file a copy of the proposed measure with the City Clerk. (Ord. 338 § 1, 1991)

2.30.040 Identification badge.

No petition shall be circulated for signature by any paid signature gatherer unless that person is wearing in plain view a badge at least two inches by three inches in size which states the signature gatherer’s name and the name of the individual, firm, company or corporation responsible for his or her compensation. (Ord. 338 § 1, 1991)

2.30.050 Use of fact sheets.

No fact sheet which makes any false statement or misrepresentation concerning the subject matter of the petition shall be used by any signature gatherer in connection with the solicitation of a voter’s signature on a petition. (Ord. 338 § 1, 1991)

2.30.060 Enforcement and penalties.

A. Any person who knowingly and wilfully violates any provision of this chapter shall be guilty of a misdemeanor.

B. Any person who violates any provision of this chapter shall be liable in a civil action brought by the City Attorney for an amount up to $2,000. In addition thereto, such person shall be liable for the reasonable attorney’s fees and costs incurred by the City Attorney in any civil proceeding filed to enforce the provisions hereof.

C. Any person, firm or company which employs a person to gather signatures on a petition without first causing the name, address and telephone number of such person, firm or company and of such signature gatherer to be filed with the City Clerk shall be liable in a civil action brought by the City Attorney for an amount up to $2,000. In addition thereto, such person shall be liable for the reasonable attorney’s fees and costs incurred by the City Attorney in any civil proceeding filed to enforce the provisions hereof.

D. Enforcement of this chapter through civil action may be filed as an alternative to criminal enforcement. Civil enforcement shall not require that the violation be knowing or wilful. No civil action alleging a violation of this chapter shall be filed against a person pursuant to this section if the City Attorney is maintaining a criminal action against that person pursuant to subsection A of this section.

E. Each violation of this chapter shall be a separate offense subject to enforcement.

F. The City Attorney is authorized to settle any civil enforcement hereof prior or subsequent to the filing of a civil action by the imposition of a civil penalty in an amount which does not exceed the potential civil liability, including attorney’s fees, set forth in subsection C of this section. Upon payment in full of such civil penalty, the City Attorney shall agree to forbear from filing civil or criminal action or, if action has already been filed, shall agree to dismiss such action. The imposition of all civil penalties shall be made a matter of public record. (Ord. 338 § 1, 1991)