Chapter 2.10 ELECTIONS CODE

As provided by City Charter Section 27, state elections laws apply to matters not regulated by this chapter. The City Charter and this code chapter prevail over any conflicting state laws. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.020 Definitions.

Words or phrases have the following meanings unless the context clearly requires a different meaning:

“Candidate” means an individual whose name appears or is expected to appear on an official ballot.

“City legislation” means an ordinance or proposed ordinance, or a proposed amendment, revision or repeal of the City Charter.

“Elective city position” means the office of mayor or councilor.

“Elector” means an individual eligible under state and city law to vote in a city election.

“Initiative” means proposed city legislation submitted to electors by a petition of qualified electors.

“Measure” means city legislation, or a proposition or question for city electors.

“Prospective petition” means information required for a completed petition, except for signatures and other identification of petition signers.

“Qualified elector” means an individual qualified to vote under Article II, Section 2 of the Oregon Constitution.

“Recorder” means the city recorder or authorized representative.

“Referendum” means city legislation submitted to electors by the council or by a petition of qualified electors, or a proposition or question submitted to city electors by the council.

“Regular election” means a city election held at the same time as a general biennial election for electing federal, state or county officers.

“Special election” means a city election not held on the date of a regular election.

“Term of office” means the term of office of the last person elected to the office. [Ord. 879 § 1 (Exh. A), 2006.]

Article II. Candidates

2.10.030 Eligibility.

A qualified elector who has resided in the city during the 12 months immediately preceding the election may be a candidate for an elective city position. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.040 Nomination petition or declaration of candidacy.

(A) An eligible elector may become a candidate for an elective city position by filing a nomination petition or a declaration of candidacy in a form prescribed by the Secretary of State and available from the recorder.

(B) A declaration of candidacy must be accompanied by the filing fee established by council resolution.

(1) No elector may sign more than three petitions. If more than three are signed, the signature is valid only on the first three valid petitions filed.

(2) The signatures need not all be attached to one paper, but each separate paper of the petition must be attached to an affidavit of the circulator showing the number of signers and stating that each signature is the genuine signature of the person.

(3) Each signature must have next to it the signer’s residence, by its street and number or other description.

(4) The recorder must certify the signatures in the nomination petition for genuineness by comparing them and the other required information with the elector registration cards on file with the county clerk.

(5) After the petition is filed with the recorder, the recorder has 10 days to verify the signatures, and attach to the petition a certificate stating the number of signatures believed genuine. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.050 Petition or declaration contents.

(A) A nomination petition or declaration of candidacy must contain:

(1) The name by which the candidate is commonly known. A candidate may use a nickname in parentheses in addition to the candidate’s full name;

(2) The residence address of the candidate;

(3) The office or position number for which the candidate seeks nomination;

(4) A statement that the candidate is willing to accept the office if elected;

(5) A statement that the candidate will qualify if elected;

(6) A statement of the candidate’s occupation, educational and occupational background, and prior governmental experience; and

(7) The signature of the candidate.

(B) A declaration of candidacy must include a statement that the required fee is included with the declaration. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.060 Filing.

(A) A nomination petition or declaration of candidacy must be filed with the recorder.

(B) The recorder will date and time stamp immediately upon filing a nominating petition, declaration of candidacy, withdrawal or other document required to be filed.

(C) A nomination petition or declaration of candidacy will be filed not sooner than 120 days nor later than 70 days before the election date. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.070 Deficient petitions.

If a nomination petition is not signed by the required number of qualified electors or the declaration of candidacy is not complete, the recorder will notify the candidate within five days after the filing. The recorder will return it immediately to the candidate, and state in writing how the petition is deficient. The deficient petition may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed within the time requirements for filing petitions. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.080 Withdrawal of candidacy – Refund of filing fee.

(A) A candidate who has filed a nomination petition or declaration of candidacy may withdraw not later than the sixty-seventh day before the election date by filing a statement of withdrawal with the recorder. The withdrawal must be made under oath and state the reasons for the withdrawal.

(B) If requested not later than 67 days before the election date, the recorder will refund the filing fee of a candidate who dies, withdraws or becomes ineligible for the nomination. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.090 Certificate of nomination.

The recorder will certify the nominations to the county clerk in accordance with the time requirements of state law stating the offices and the terms of office for which the candidates are nominated. [Ord. 879 § 1 (Exh. A), 2006.]

Article III. Vacancies in Office

2.10.100 Vacancy in office.

A city elective office becomes vacant as provided by City Charter Section 32. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.110 Filling of vacancy.

(A) Upon becoming aware of a vacancy in an elective office, the council must promptly determine and declare the date of vacancy.

(B) A vacancy in an elective office must be filled as provided by City Charter Section 33. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.120 Appointment by council.

(A) In filling a vacancy, the council may make inquiries and hold interviews as it considers necessary for the appointment. The appointment may be made at a regular or special council meeting.

(B) The council will use the following procedures in the appointment process:

(1) Public notice to appropriate neighborhood organizations, civic groups, a newspaper of general circulation and other recognized groups.

(2) Deadline for submitting applications at least two weeks after the notice.

(3) Appointment from those applicants nominated and seconded for consideration by members of the council. The recorder will announce the results of each ballot and will record each councilor’s ballot. An applicant who receives a majority of the votes by the current council members will be appointed to the vacant position. If no applicant receives a majority vote on the first ballot, the council will continue to vote on the two applicants who receive the most votes until an applicant receives a majority of the councilors voting. [Ord. 879 § 1 (Exh. A), 2006.]

Article IV. Initiative and Referendum

2.10.130 Prospective petition.

(A) Before circulating a petition proposing an initiative or referendum for city legislation, the chief petitioners must file a prospective petition with the recorder. The recorder will provide the form showing:

(1) The signatures, printed names and mailing addresses of at least two and not more than three chief petitioners, all of whom must be city electors;

(2) For initiative petitions, the text of the city legislation proposed for adoption, and, where applicable, the title, ordinance number, and charter or code section numbers proposed for amendment, revision or repeal;

(3) For referendum petitions, the text of the city legislation proposed for referral, and where applicable, the title, ordinance number or code section numbers of the city legislation proposed for referral; and

(4) Whether one or more persons will be paid for obtaining signatures on the petition.

(B) The recorder must date and time stamp any prospective petition filed.

(C) After the recorder determines that the prospective petition complies with this chapter and state law, the recorder will certify to one of the chief petitioners that petitions may be circulated among city electors in accordance with CMC 2.10.150. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.140 Ballot title – Appeal.

(A) Prior to the end of the fifth business day after a prospective initiative petition is filed and meets all legal requirements, the recorder will review the text of the proposed initiative to determine if it complies with the single subject requirement and if it proposes city legislation.

(B) If the proposed text does not meet the requirements of subsection (A) of this section, the recorder will notify a chief petitioner by certified mail, return receipt requested, that the prospective petition does not meet the single subject or city legislation requirement.

(C) Any city elector dissatisfied with the recorder’s determination may file a petition for review in circuit court. The petition for review must be filed not later than the seventh business day after the written determination by the recorder.

(D) If the proposed initiative meets the requirements of subsection (A) of this section or a referendum petition is certified for circulation, the recorder will send two copies of the prospective petition to the city attorney. The city attorney has five business days after receipt to prepare a ballot title for the proposed measure for the voter’s pamphlet. The ballot title must conform to the requirements of state law. The city attorney or the city administrator will prepare an explanatory statement for the voter’s pamphlet.

(1) The explanatory statement must consist of an impartial, simple and understandable statement of not more than 500 words explaining the measure and its effect.

(2) After preparing the ballot title, the city attorney will return one copy of the prospective petition and ballot title to the recorder and one copy to one of the chief petitioners.

(E) After receiving a ballot title from the city attorney, the recorder must publish in a newspaper of general circulation in the city a notice of receipt of the ballot title. The notice must state that a city elector may file a petition for review of the ballot title not later than the date referred to in subsection (F) of this section.

(F) After receiving the prospective petition and ballot title from the city attorney, the recorder must write the date of receipt on it. Within seven business days after that date, any city elector may petition in circuit court to challenge the ballot title prepared by the city attorney. After the seven-day period, or following the final adjudication of any legal review, the recorder must certify the ballot title as prepared by the city attorney or as prescribed by the court to a chief petitioner.

(G) Any city elector filing a petition of review with the circuit court must file a copy of the challenge with the recorder not later than the end of the business day next following the date the petition is filed with the circuit court. This requirement does not invalidate a petition that is timely filed with the circuit court.

(H) The procedures in subsections (A) through (G) of this section also apply to referendum measures. However, the completion of these procedures is not a prerequisite to the circulation of petitions for referendum measures under CMC 2.10.150. Ballot titles need not be stated on petitions circulated to propose referendum measures. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.150 Petition and circulation requirements.

(A) After the requirements of CMC 2.10.130(C) are met for referendum petitions and after the requirements of CMC 2.10.140(F) are met for initiative petitions, the chief petitioners may circulate a petition for the measure among city electors. The petition (cover sheet and signature sheet) must conform to the requirements of state law.

(B) The petition identification number will be assigned by the recorder.

(C) Each signature sheet of a referendum petition must contain the title, ordinance number or code section numbers of the city legislation proposed by referral and the date it was adopted by the council.

(D) No signature sheet may be circulated by more than one person. Each signature sheet must contain a statement signed by the circulator that each elector who signed the sheet did so in the circulator’s presence and, to the best of the circulator’s knowledge, each such elector is a legal elector of the city and that the information placed on the sheet by each elector is correct. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.160 Filing and percentage requirements – Verification.

(A) The recorder will accept for signature verification only petitions that comply with the requirements of this chapter and other applicable law.

(B) No petition may be accepted for filing unless it contains at least the required number of verified signatures to submit the measure to the electors, as prescribed by subsections (G), (H) or (I) of this section.

(C) No initiative petition may be accepted for signature verification more than six months after the date of the recorder’s certification under CMC 2.10.140(F).

(D) Any petition to refer legislation adopted by the council must be submitted for signature verification not more than 30 days after the council’s adoption of the legislation.

(E) An initiative or referendum petition may not be accepted for signature verification if it contains less than 100 percent of the required number of signatures.

(F) Upon the acceptance of a petition, the recorder must verify the signatures. The verification may be performed by random sampling in a manner approved by the Secretary of State. Within 30 days after the recorder’s acceptance of a petition, the recorder must certify to the council whether the petition contains a sufficient number of qualified signatures to require the submission of the proposed measure to city electors. The recorder must state in the certificate the number of qualified signatures prescribed by subsections (G), (H) or (I) of this section to require the proposed city legislation to be submitted to city electors. The petition is considered filed as of the date of the recorder’s certification.

(G) An initiative measure proposing the amendment, revision or repeal of the City Charter will be submitted to the electors if the number of qualified signatures on the petition equals or exceeds 15 percent of the total number of registered voters in the city on January 1st of the calendar year the petition is filed.

(H) An initiative measure proposing the adoption, amendment or repeal of any other city legislation will be submitted to the electors if the number of qualified signatures on the petition equals or exceeds 15 percent of the total number of registered voters in the city on January 1st of the calendar year the petition is filed.

(I) A referendum measure will be submitted to the electors if the number of qualified signatures on the petition equals or exceeds 10 percent of the total number of registered voters in the city on January 1st of the calendar year the petition is filed. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.170 Measure referred by council.

(A) The council may directly refer to the electors any ordinance or any proposed ordinance, property tax, bond or other proposition or question. It may also directly refer to the electors any proposed amendment, revision or the repeal of the City Charter.

(B) The city attorney will prepare a ballot title that conforms to the requirements of state law. The council will certify and file the ballot title and explanatory statement with the recorder. The explanatory statement will be prepared by the city attorney or the city manager.

(C) The recorder will publish in a newspaper of general circulation in the city a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date set in subsection (D) of this section.

(D) Any city elector may petition the circuit court to challenge the ballot title certified by the council. Such petition must be filed with the circuit court within seven business days of council filing of the ballot title. Any person filing a petition of review with the circuit court must file a copy of the challenge with the recorder not later than the end of the business day next following the date the petition is filed with the circuit court. This requirement does not invalidate a petition that is timely filed with the circuit court.

(E) A measure will be considered filed under this section as of the date the council delivers its certified ballot title to the recorder. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.180 Withdrawal, adoption or election.

(A) The chief petitioners may withdraw a verified petition at any time before council action to adopt the proposed legislation or submit it to the electors. Any withdrawal must be either by written or oral declaration made at a council meeting and entered in the minutes of that meeting.

(B) Unless a petition is withdrawn, after receiving a certification from the recorder that a petition has sufficient signatures to require the proposed city legislation to be submitted to the electors under CMC 2.10.160(F), the council may either adopt the proposed legislation by ordinance, or call an election to submit the legislation to the electors. The council may also call an election to submit matters to the electors upon referral under CMC 2.10.170.

(C) The council may call the election on the next election date available under state law that is not sooner than the ninetieth day after the date of the recorder’s certificate of sufficient signatures, and must call the election no later than the next regular election. For a council referral, the election on the measure may be held on the next election date available under state law. [Ord. 879 § 1 (Exh. A), 2006.]

2.10.190 Election notice and results.

(A) Notice of elections on measures submitted to city electors on regular or special election dates must be given in accordance with state law.

(B) Measures referred by the council will be designated on the ballot: “Referred to the Voters by the City Council.”

(D) Measures proposed by initiative petition will be designated on the ballot: “Proposed by Initiative Petition.”

(E) The recorder must certify the election results to the council at the first council meeting after the results are certified by the county clerk.

(F) A measure adopted by the electors takes effect 30 days after the election, unless the measure expressly provides a later effective date. [Ord. 879 § 1 (Exh. A), 2006.]