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HomeMy WebLinkAbout11/05/1991 - ELECTION MISC.CITY OF ASHLAND CITY HALL telephone (code 503) 482-3211 August 16, 1991 Larry Bevens, Election Dept. Secretary of State Office 141 State Capito~ Salem, OR 97310-0722 Dear Larry, I am following up with a letter on our conversation by phone this A.M. on the matter of publishing in the newspaper, notice of receiving ballot title from the City governing body. I will briefly review the situation and request a written reponse from you. Our City Council has approved placing a Water System Improvement measure on the November 5th ballot. In talking with staff I said that I must publish in a newspaper, in the City, a notice of receipt of the ballot title in- cluding a notice that an elector may file a petition for review. On~ of the staff members disagees that a notice needs to be published. in conferring with an attorney at the bonding company that will be used, he said also that a notice did not need to be published. I am sending a copy of our City Charter and ordinance that covers elections. Will you please review these two docuements and confirm, in writing, that indeed the notice needs to be published in the newspaper. Thank you for your prompt response to my telephone call. I will be waiting for confirmation on this request.~ Yours truly, Nan E. Franklin City Recorder (2) Encl. Administration 2.36.030 -- 2.36.070 2.36.030 Deposit Required. Any person or persons, organization or organizations presenting or offering any initiative or referendum petition for final filing shall, at the time of offering said petition, deposit with the City Recorder either two hundred dollars ($200.00) cash or a certified check drawn to the order of the City Recorder for said sum, which sum or check shall be held by the recorder until after the election and, in case the referred or proposed measure is defeated at such election, the entire cost of holding the election on such measure shall be paid from such deposit, and if any balance remains after payment of such election expense, such balance shall be returned to the proposer of any such measure. In the event any such initiative ore. referendum measure is enacted at the election held thereon, the entire amount of such deposit shall be returned to the proposer of such measure, and the expenses of such election shall be paid from the general funds of the city. This provision is made for the purpose of preventing the depletion of the City's funds by elections on matters in Qhich the public is not interested and which have no merit. (Ord~' 1319 S9 1962) 2.36.040 Election--Notice Required. In the case of initiative or referendum measures to be voted upon at either general %r special elections, the City Recorder shalt-'give notice thereof in the manner and for the time as is required to be given in the case of special elections under the provisions of Section 3 of Art. VII of the City Charter, and may give such further notice of election as the common council may, by motion in each particular case, require. (Ord. 1319 Sll, 1962) 2.36.050 State and Municipal Law-lApplicability. In all matters relating to the procedure under the initiative or referendum not covered by this ordinance, the City Charter and the laws of the State shall apply, except that the issuance and printing of the voters' pamphlet shall not be required on the part of the city. (Ord. 1319 S13, 1962) 2.36.060 Chapter Effect. This chapter is only drawn so as to affect the procedure under the initiative and referendum and has nothing to do with the calling of an election by the City Council for any purpose under the provisions of the City Charter. (Ord. 1319 S14, 1962) 2.36.070 Special Elections. If the Council determines that the subject of an Initiative or Referendum Petition is of general public interest, and there is a general or primary election within 120 days of the date requested in the Petition, it may order the election to be held at such general or primary election. (Ord. 2458, 1988) (Ord. 1319, 1962; Ord. 2042, 1979} Ord. 2182, 1982~ Ord. 2393, 1986; Ord.2458, 1988) 45 Revised Sept. 1988 Administration 2.36.010 - 2.30.020 Chapter 2.36 INITIATIVE AND REFERENDUM* Sections: 2.36.010 2.36.020 2.36.030 2.36.040 2.36.050 2.36~60 2.36.070 Signatures--Number Required. Filing Time. Deposit Required. Election--Notice Required. State and Municipal Law--Applicability. Chapter Effect. Special Elections. 2.36.010 Signatures--Number required. The signatures of a number of duly qualified electors of the city equal to ten (10) percent of the total vote cast for mayor at the last preceding city election shall be necessary to order a referendum on any ordinance passed by the common council, and the signat~°res of a number of duly qualified electors of said city equal to fifteen (15) percent of the total vote cast for mayor at the last preceding city election shall be necessary to propose any measure by the"~nitiative. (Ord. 1319 S6, 1962) ~' 2.36. 020 Filing Time. A. General Elections. Petitions for proposed ordinances or Charter Amendments by the Initiative process shall be offered for filing with the signatures and verifications complete with the City Recorder not later than the eighty-eighth (88) day before the next regular City Election at which this proposed ordinance or amendment is to be submitted to the voters. B. Special Elections. Initiative petitions may call for special elections on the measures to be proposed when such special election is requested the date on which the election is to be held shall be specified in the petition. Any petition under the initiative process calling for a special election shall be offered for filing with the Recorder of the City not less than sixty-three (63) days prior to the date fixed in such petition for special election. C. Referendum Petitions. Any petition for a referendum petition shall call for the election to be held at the next date available for either a special or general election as provided by State law which is not less than ninety-three (93) days from the date that the ordinance being referred was passed. (Ord. 1319 S8, 1962; Ord. 2812 S4, 1982). For the constitutional provisions regarding the right of municipal initiative and referendum, see OREGON CONSTITUTION Art. IV, SSl; for statutory' provisions regarding the initiative, referendum and recall, see ORS Ch. 250; for provisions regarding special elections, see City Charter, Art. VII, SS3. " 44 Revised Sept. 1988 Charter Art. VII thel~ due, to the Clerk of the County Court. 'The Recorder shall record in a book to be kept for that purpose all ordinances and resolutions passed by the City Council, and the same shall be signed by the Recorder, as well as signed and approved by the Mayor therein. Section 3. Vacancy. A willful absence of the Recorder from the City for more than thirty (30) days without the consent of the Council, carelessness or inattention to the ddties of the Recorder, shall be grounds for the Council to declare the office vacant; and it may fill such vacancy in the same manner as vacancies in the office of Councilmen are filled. Section z]. Absence. In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro Tem who, while acting in that c~pacity, shall have all the authority and duties of the Recorder. ~ ARTICLE VIA. - Judge Section 1. Term. At the biennial general election held in 19~8, and every fourth year thereafter, a Judge shall be elected for a term of four (4) years. (Charter amendment 5--23-7~ ARTICLE VII - Elections Section !. Regular Elections. Regular City elections shall b'e held at the same times and places as biennial general State elections, in accordance ~'ith applicable State election laws. Section 2. Notice of Regular Elections. The Recorder, pursuant to directions from the Council, shall give at least ten (10') days' notice of each regular City election by post- ing notice thereof at a conspicuous place in the City Hall, and by publication in a newspaper of wide and general circula- tion published in the City of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted upon, and the. time and place of the election. Section 3. Special Elections. The Council shall pro- vide the time, manner and means for holding any special election which shall comply with applicable State laws. The Recorder shall give a't least ten (!0) days' notice of each special election in the manlier provided by the action of ~he Council ordering the election. Section 4. Regulation of Elections. Except as this Charter provides otherwise and as the Council provides other- wise by ordinances relating to elections, the general laws C-5 Revised October 197[I ELECTIONS shall send two copies of it to the city attor- ney. (3) Not later than 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 initi- ated 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 ti- tle shall be the title printed on the ballot. (4) A copT'of the ballot title shah be fur- nished to the chief petitioner. (5) The city elections officer, upon re- ceiving 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 gen- eral distribution in the city a notice of re- ceipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date re- ferred to in ORS 250.296. 11979 c.190 §164; 1985 c.808 §28; 1987 c.707 §9a] 250.285 City governing body may pre- pare ballot titles for certain measures. (1) When the city governing body refers a meas- ure to the people, a ballot title for the meas- ure may ~e prepared by the body. The ballot title shah be filed with the city elections of- fieer. (2) If the title is not prepared under sub- section (1) of this section, when the measure is filed with the city elections officer, the officer shall send two copies to the city at- torney. Not later than the fifth business day after receiving the copies the city attorney shah provide a ballot title for the measure, and send a copy of it to the city governing body and the city elections officer. 11979 c.190 §165; 1985 c.808 §29/ 254),294) [Amended by 1965 s.s.c.1 §1; repealed by 1971 c.797 §l] 250.295 11971 c.7§7 §2; 1979 c.190 §395; renumbered I88.130] 250.296 Procedure for elector dissatis- fied with title of city measure. (1) Any elector dissatisfied with a ballot title filed with the city elections officer by the city at- torney or the city governing body, may peti- tion the circuit court of the judicial district in which the city is located seeking a differ- ent title and stating the reasons the title filed with the court is insufficient, not con- cise 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 officer a title for the measure which meets the re- quirements of ORS 250.035 and 250.039. (2) 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 con- duct of the election at which the measure is to be submitted to the electors. 11879 c.190 §166; 1983 c.514 §9b; 1987 c.707 §19; 1989 c.503 §8] 2~0.300 [Amended by 1979 c.190 §396; renumbered 188.3101 250.305 Signature requirements. (1) A petition to refer a city measure must be signed by not less than 10 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 30th day after adoption of the city legislation sought to be referred. (2) A petition to initiate a city measure must be signed by not less than 15 percent of the electors registered in the city at the time the prospective petition is filed. 11979 c.190 §167; 1983 c.350 §67; 1989 c.251 250.310 lAinended by 1955 c.725 §1; 1957 c.608 §137; 1959 c.317 §3; 1961 c.114 ~11; repealed by 1979 c.190 §431] 250.315 Filing officer; filing require- ments. (1) An initiative or referendum peti- tion relating to a city measure shall be filed with the city elections officer for signature verification. The filed petition shah contain only original signatures. (2) An initiative or referendum petition relating to a city measure shah not be ac- cepted for filing if it contains less than 100 ~lercent of the required number of signatures. 979 c.190 §168; 1989 c.68 ~8] 250.320 [Repealed by 1957 c.608 §231] 250.325 Procedure following filing of initiative petition. (1) If an initiative peti- tion 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. (2) The governing body, not later than the 30th day after the measure is filed with it, may adopt or reject the measure unless the measure is required to be submitted to city electors under the city charter or state law. If the measure is not adopted, the measure is required to be submitted ~)or 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 90th day after the measure was filed with the city governing body. (3) The governing body may refer a corn. peting 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 30th day after the initiated measure is filed with 23-60 it. The mayor sha] veto an initiated measure. 11979 c. I90 §7; 1987 c.471 §11 250.330 [Amended b' 1979 c.749 §3; renuinhere 250.335 [1979 c.190 250.340 lAinended b3 renumbered 254.325] 250,345 [1967 c.609 § 250.346 Retenti als. The city electio signature sheets of. endure petition xvith ure. If the measu electors, a copy of t served as a permane signature sheets sh years. 11979 c.190 §17N .?30.354} [Amended 1977 c.644 §4a; 1979 c190 250.355 Date dum petition rental of verified signatur city measure shall able election date in sooner than the 90t dum measure was elections officer. 119~ 250.3~0 [Repealed by 2,50.365 [1963 c.595 §5 2.50375 enacted in lieu of §71 2,50.370 IRepealed b) 250.375 [1963 c.595 §6 250.375 enacted in lieu pealed by 1967 c.64 §7} 2,50.380 IRepealed by 250.39~ [Repealed by 2~.400 [Amended by 1979 cA90 §265; renumbere, P,,Y).419 IAmended by renumbered 247.035} P,5O.4I~) [Amended by 1979 c.190 §431] 254).43~ [Amended 1979 c.190 §253; 1979 c.519 250.440 [Amended by I repealed by 1979 c.749 §5[ 2~0.460 [Repealed by 1 250.461 11957 c.§08 §14 1979 c. 190 §431] 250.470 IRepealed by 250,471 [1957 c.608 numbered 254495] 250.480 [Repealed by 290.49~ lAinended by c.608 §2311 250.5~1 IRepealed by I? 2,50.510 [Amended by I 1979 c,190 §272; renumbe~'ed