Chapter 1.16 INITIATIVE AND REFERENDUM

"Prospective petition" means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.

(Ord. 671 §1, 1990)

1.16.020 Form of signature--Numbering of signature sheets.

The Secretary of State by rule shall:

A. Design the form of the prospective petition, and the initiative and the referendum petition, including the signature sheets, to be used in any initiative or referendum in this state. The city shall use such form;

B. Designate the quality of paper to be used for signature sheets in order to assure the legibility of the signatures; Phoenix shall use such paper;

C. Prescribe by rule a system for numbering the signature sheets to be used in any initiative or referendum in this state; Phoenix shall so number.

(Ord. 671 §2, 1990)

1.16.030 Signer qualifications--Removal of signatures.

A. Any elector may sign an initiative or referendum petition for any measure on which the elector is entitled to vote.

B. After an initiative or referendum petition is submitted for signature verification, no elector who signed the petition may remove the signature of the elector from the petition.

(Ord. 671 §3, 1990)

1.16.040 Form of ballot title.

A. The ballot title of any measure to be initiated or referred shall consist of:

1. A caption of not more than ten words which reasonably identifies the subject of the measure;

2. A question of not more than twenty words which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote on the measure; and

3. A concise and impartial statement of not more then eighty-five words summarizing the measure and its major effect.

B. The ballot title shall not resemble, so far as probably to create confusion, any title previously filed for a measure to be submitted at that election.

(Ord. 671 §4, 1990)

1.16.050 Readability test for ballot title.

For all measures, the Secretary of State by rule shall designate a test of readability and adopt a standard of minimum readability for a ballot title. The ballot title shall comply with the standard to the fullest extent practicably consistent with the requirements of impartiality, conciseness and accuracy.

(Ord. 671 §5, 1990)

1.16.060 Applicability of Sections 1.16.010 through 1.16.050.

Sections 1.16.010 through 1.16.050, inclusive, apply to the exercise of initiative or referendum powers regarding a city measure, regardless of anything to the contrary in the City Charter or ordinances.

(Ord. 671 §6, 1990)

1.16.070 Acceptance of initiative or referendum petition without original signatures.

A. Notwithstanding Section 1.16.140 and ORS 255.175, an initiative or referendum petition for which original signatures are otherwise required may be accepted by the appropriate filing officer for signature verification with photographic copies of one or more signatures sheets if:

1. The signature sheets containing the original signatures were stolen or destroyed by fire, a natural disaster or other act of God; and

2. The photographic copy of each original signature sheet contains the number of the original signature sheets prescribed by the Secretary of State under Section 1.16.020.

B. As used in this section:

1. "Act of God" means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.

2. "Filing officer" means the city elections officer.

(Ord. 671 §7, 1990)

1.16.080 Applicability of Sections 1.16.090 through 1.16.170.

Sections 1.16.090 through 1.16.170 inclusive apply to the exercise of initiative or referendum powers regarding city measures under Section 1, Article IV, Oregon Constitution.

(Ord. 671 §8, 1990)

1.16.090 Prospective petition--Form--Payment of petition circulators.

A. Before circulating a petition to initiate or refer a city measure, the petitioner shall file with the city elections officer a prospective petition. The officer immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The officer shall retain the prospective petition.

B. An initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners. The cover of a referendum petition shall contain the title described in Section 1.16.100. If the Circuit Court has not reviewed the ballot title under Section 1.16.120, the cover of an initiative petition shall contain the ballot title described in Section 1.16.100. If the Circuit Court has reviewed the ballot title, the cover of the initiative petition shall contain the title certified by the Court.

C. The chief petitioner shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the filing officer not later than the tenth day after any of the chief petitioners first has knowledge or should have had knowledge that:

1. Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid.

2. No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid.

D. Each sheet of signatures on an initiative petition shall contain the caption of the ballot title. Each sheet of signatures on a referendum petition shall contain the number of the ordinance or resolution to be referred, if any, and the date it was adopted by the city governing body. Each sheet of signatures shall be attached to a full and correct copy of the measure to be initiated or referred.

E. The reverse side of the cover of an initiative or referendum petition and both sides of a signature sheet may be used for obtaining signatures on an initiative or referendum petition. If both sides of a signature sheet are used, each side shall contain the information required on a signature sheet under subsection D of this section.

F. Not more than twenty signatures on the cover or on each side of each sheet of the initiative or referendum petition shall be counted. The cover of the initiative or referendum petition, if the cover is used to gather signatures, and each signature sheet shall be verified on its face by the signed statement of the circulator that the individuals signed the cover or sheet in the presence of the circulator and that the circulator believes each individual is an elector registered in the city.

(Ord. 671 §9, 1990)

1.16.100 Ballot title preparation for certain measures--Notice.

A. When a prospective petition for a city measure to be referred is filed with the city elections officer, the officer shall authorize the circulation of the petition containing the title of the measure as enacted by the city governing body or, if there is no title, the title supplied by the petitioner filing the prospective petition. The city elections officer immediately shall send two copies of the prospective petition to the city attorney.

B. When a prospective petition for a city measure to be initiated is filed with the city elections officer, the officer immediately shall send two copies of it to the city attorney.

C. Not later then the fifth business day after receiving the copies of the prospective petition, the city attorney shall provide a ballot title for the city measure to be initiated or referred and return one copy of the prospective petition and the ballot title to the city elections officer. Unless the Circuit Court certifies a different title, this ballot title shall be the title printed on the ballot.

D. A copy of the ballot title shall be furnished to the chief petitioner.

E. The city elections officer, upon receiving a ballot title for a city measure to be referred or initiated from the city attorney or city governing body, shall publish in the next available edition of a newspaper of general distribution 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 referred to in Section 1.16.120.

(Ord. 671 §10, 1990)

1.16.110 Ballot title preparation by city.

A. When the city governing body refers a measure to the people, a ballot title for the measure may be prepared by the body. The ballot title shall be filed with the city elections officer.

B. If the title is not prepared under subsection A of this section, when the measure is filed with the city elections officer, the officer shall send two copies to the city attorney. Not later than the fifth business day after receiving the copies the city attorney shall provide a ballot title for the measure, and send a copy of it to the city governing body and the city elections officer.

(Ord. 671 §11, 1990)

1.16.120 Change of ballot title petition.

A. Any elector dissatisfied with a ballot title filed with the city elections officer by the city attorney or the city governing body, may petition the Circuit Court of Jackson County, Oregon, in which the city is located, seeking a different title and stating the reasons the title filed with the Court is insufficient, not concise or unfair. The petition must be filed not later than the seventh business day after the title is filed with the city elections officer. The Court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the city elections officers a title for the measure which meets the requirements of Sections 1.16.040 and 1.16.050.

B. The review by the Circuit Court shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors.

(Ord. 671 §12, 1990)

1.16.130 Signature requirements.

A. A petition to refer a city measure must be signed by not less than ten percent of the electors registered in the city at the time the prospective petition is filed. The petition must be filed with the city elections officer not later than the thirtieth day after adoption of the city legislation sought to be referred.

B. A petition to initiate a city measure must be signed by not less than fifteen percent of the electors registered in the city at the time the prospective petition is filed.

(Ord. 671 §13, 1990)

1.16.140 Filing officer--Filing requirements.

A. An initiative or referendum petition relating to a city measure shall be filed with the city elections officer for signature verification. The filed petition shall contain only original signatures.

B. An initiative or referendum petition relating to a city measure shall not be accepted for filing if it contains less than one hundred percent of the required number of signatures.

(Ord. 671 §14, 1990)

1.16.150 Procedure after filing of initiative petition.

A. If an initiative petition contains the required number of verified signatures, the city elections officer shall file the initiated measure with the city governing body at its next meeting.

B. The governing body, not later than the thirtieth day after the measure is filed with it, may adopt or reject the measure unless the measure is required to be submitted to the city electors under the City Charter or state law. If the measure is not adopted, or the measure is required to be submitted to city electors under the City Charter or state law, it shall be submitted to city electors on the next available election date in ORS 221.230 held not sooner than the ninetieth day after the measure was filed with the city governing body. A copy of said ORS 221.230 is attached to this chapter and by this reference incorporated herein.

C. The governing body may refer a competing measure to city electors at the same election at which the initiated measure is submitted. If the governing body refers a competing measure to city electors, it must prepare the measure not later than the thirtieth day after the initiated measure is filed with it. The mayor shall not have the power to veto an initiated measure or a competing measure.

(Ord. 671 § 15, 1990)

1.16.160 Retention of petition materials.

The city elections officer shall retain the signature sheets of a filed initiative or referendum petition with a copy of the city measure. If the measure is approved by the electors, a copy of the measure shall be preserved as a permanent public record and the signature sheets shall be preserved for six years.

(Ord. 671 § 16, 1990)

1.16.170 Date of election.

If a referendum petition contains the required number of verified signatures, the election on the city measure shall be held on the next available election date in Section 1.16.150 that is not sooner than the ninetieth day after the referendum measure was filed with the city elections officer.

(Ord. 671 § 17, 1990)