Chapter 1.24
INITIATIVE AND REFERENDUM PROCEDURES
Sections:
1.24.020 Adoption of state initiative and referendum laws.
1.24.030 Filing requirements for initiative petitions.
1.24.040 Verification of signatures.
1.24.050 Explanatory statement.
1.24.060 Effective date of measures.
1.24.070 Conflicting measures.
1.24.010 Definitions.
As used in this chapter:
“City elections officer” means the city recorder for the city of Lincoln City.
“Elector” means a person who is qualified to vote in the city.
“Emergency election” means an election held as provided by ORS 221.230(2) when the council finds that to avoid extraordinary hardship to the community it is necessary to hold an election sooner than the next available election date specified in ORS 221.230(1).
“Measure” means a legislative enactment by the council that is not necessary for the immediate preservation of the public peace, health and safety; a part of such enactment; or a proposed legislative enactment submitted by initiative for the city.
“Petition” means an initiative or referendum petition for ordering a measure to be submitted to the electors. (Ord. 89-12 § 1)
1.24.020 Adoption of state initiative and referendum laws.
ORS 250.005 through 250.041 and ORS 250.255 through 250.346 are adopted by reference and made a part of this chapter. (Ord. 89-12 § 2)
1.24.025 Processing fees.
A. Processing Fees. Any person or persons, organization or organizations presenting or offering any prospective initiative petition or referendum for review by the city elections officer shall, at the time of filing said prospective petition or referendum, pay a nonrefundable processing review fee; said fee shall initially be set at $280.00 for an initiative and $140.00 for referendum, but said fees may be adjusted by the city council by resolution.
B. Fees Required with Final Filing. Any person or persons, organization or organizations presenting or offering any initiative or referendum petition for final filing with signatures for review shall, at the time of such filing, submit to the city elections officer a nonrefundable processing fee for costs. The fee shall be either cash or a certified check made to the order of the city of Lincoln City, or other payment acceptable to the city finance director, and the initial fee shall be set at the sum of $500.00 but said fee sum may be adjusted by the city council by resolution.
C. The fee provisions herein are expressly made for the purpose of preventing depletion of city resources and funds by elections on matters in which the public is not interested and which have no merit. (Ord. 2016-12 § 1)
1.24.030 Filing requirements for initiative petitions.
An initiative petition relating to a city measure must be filed with the city elections officer not later than the one hundredth day after the date the prospective petition was filed with the city elections officer. The city elections officer shall not accept petitions submitted later than the one hundredth day after the date the prospective petition was filed with the city elections officer. (Ord. 2016-12 § 2; Ord. 89-12 § 3)
1.24.040 Verification of signatures.
A. A signature on a petition sheet shall not be counted unless the person who circulated the sheet verifies by a signed statement on its face that the individuals signed the sheet in the presence of the circulator and the circulator believes that each individual who signed is a qualified elector.
B. No signature upon an initiative petition shall be counted unless a completed petition is offered for filing with the city elections officer within 75 days of the date of the signature.
C. After a petition is submitted for signature verification, no elector who signed the petition may remove the signature of the elector from the petition. (Ord. 89-12 § 4)
1.24.050 Explanatory statement.
For any initiative or referendum by petition, an impartial, simple and understandable statement explaining the measure and its effect shall be submitted by the city council to the Lincoln County elections official to be included in the county voters’ pamphlet for the election. (Ord. 2009-15 § 1)
1.24.060 Effective date of measures.
A. A measure submitted to the electors shall take effect when approved by a majority of the electors voting on it, unless it specifies a later effective date.
B. A measure adopted by the council but subject to a pending referendum for which a completed petition has been timely filed shall have no effect unless and until it is approved by a majority of the electors voting upon it. (Ord. 89-12 § 5. Formerly 1.24.050)
1.24.070 Conflicting measures.
When conflicting measures are approved by the electors at an election, the one receiving the greater number of affirmative votes shall be paramount. (Ord. 89-12 § 6. Formerly 1.24.060)
1.24.080 Unlawful acts.
A. No person other than a registered elector shall sign a petition.
B. No person shall sign a petition with a name not his or her own.
C. No person shall knowingly sign a petition more than once.
D. No person shall knowingly circulate, file or attempt to file with the elections officer a petition that contains a signature signed in violation of this chapter.
E. No person shall procure or attempt to procure a signature on a petition by fraud.
F. No person shall knowingly make a false statement concerning a petition.
G. No person shall make a document required or provided for by this chapter that contains a false statement. (Ord. 89-12 § 8. Formerly 1.24.070)
1.24.090 Violation – Penalty.
Violation of a provision of LCMC 1.24.070 is punishable by a fine not to exceed $500.00. (Ord. 89-12 § 9. Formerly 1.24.080)