Chapter 1.08
POWER OF INITIATIVE AND REFERENDUM

Sections:

1.08.010    Power reserved - Time of election.

1.08.020    Number of signatures.

1.08.030    Time of filing.

1.08.040    Sample ballots and publicity pamphlets.

1.08.050    Fees.

1.08.010 Power reserved - Time of election.

There is reserved to the qualified electors of the Town the power of the initiative and the referendum as prescribed by the State Constitution. Any initiative or referendum matter shall be voted on at the next ensuing primary or general election, or at a special election called by the council for such purpose. (Ord. 92-97 § 1) (Ord. 99-169 § 1)

1.08.020 Number of signatures.

A.    The total number of registered voters qualified to vote at the last municipal election, whether regular or special, immediately preceding the date upon which any initiative petition is filed shall be the basis upon which the number of qualified electors of the Town required to file an initiative petition shall be computed.

B.    The basis upon which the number of qualified electors of the Town required to file a referendum petition shall be as determined by state law. (Ord. 92-97 § 2)

1.08.030 Time of filing.

A.    Initiative petitions shall be filed at least one hundred twenty (120) days prior to the election at which they are to be voted upon.

B.    Referendum petitions shall be filed within thirty (30) days of the adoption of the ordinance or resolution to be referred. If the Town Clerk is unable to provide petitioners with a copy of the ordinance or resolution at the time of application for an official number or on the same business day of the application, the thirty (30) day period shall be calculated from the date such ordinance or resolution is available. (Ord. 92-97 § 3)

1.08.040 Sample ballots and publicity pamphlets.

The following procedures relating to sample ballots and publicity pamphlets are adopted for conducting elections at which an initiative or referendum is to be voted upon:

A.    A publicity pamphlet, containing the entire text of the official ballot, shall be mailed by the Town Clerk to each household within the Town in which a registered voter resides, not less than ten (10) days prior to the election to which the sample ballot pertains.

B.    The pamphlet shall contain the proposition, as it will appear on the ballot together with a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition followed by any argument opposing the proposition. Arguments submitted by the person filing the initiative or referendum shall appear first. The remaining arguments shall be placed in the order in which they were filed.

C.    Arguments supporting and opposing propositions appearing on the ballot shall be filed with the office of the Town Clerk by five p.m. not less than sixty (60) days prior to the election at which the propositions are to be voted upon. If time does not permit compliance with the sixty (60) day deadline the Town Clerk may establish a separate deadline for filing referendum ballot arguments. Arguments supporting or opposing propositions appearing on the ballot shall meet the following requirements:

1.    Arguments must relate to the propositions proposed by initiative or referred by referendum, which will appear on the ballot.

2.    Arguments must identify the proposition to which they refer and indicate whether the argument is in support of or opposition to the proposition.

3.    Arguments may not exceed three hundred (300) words in length.

4.    Arguments must contain the original signature of each person sponsoring it. Arguments submitted by organizations shall be signed by two executive officers of the organization, or if the argument is sponsored by a political committee it must be signed by the committee’s chairman or treasurer. All persons signing documents shall indicate their residence or post office box and address and a telephone number, which information shall not appear in the publicity pamphlet.

5.    No person or organization shall submit more than one argument for each proposition to be voted upon. (Ord. 92-97 § 4)

1.08.050 Fees.

Each argument submitted for inclusion in a publicity pamphlet shall be accompanied by a fee in an amount established from time to time by Resolution, to offset proportional costs of printing. This requirement shall not be waived on any account. (Ord. 06-274)