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Home My WebLink AboutItem 11 Code Amendments - Elections AGENDA ITEM SUMMARY Meeting Date: 6/16/2014 Meeting Type: Regular Meeting Staff Contact/Dept.: Amy Sowa/CMO Staff Phone No: 541.726.3700 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and Innovative Government Services ITEM TITLE: CODE AMENDMENTS - ELECTIONS ACTION REQUESTED: Conduct a second reading and adopt/not adopt the following Ordinance: ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 2.205 “DEFINITIONS”, 2.215 “NOMINATIONS FOR ELECTIVE OFFICE”, 2.235 “TIME FOR FILING PETITIONS”, AND 2.270 “DISTRIBUTION OF VOTERS PAMPHLETS” ISSUE STATEMENT: Updates to the Springfield Municipal Code are needed to update definitions, add language clarifying the requirements for gathering of signatures, address ORS 250.265(7) regarding time allowed for gathering signatures for an Initiative Petition in the City, and allow the City to provide an online Voters’ Guide. ATTACHMENTS: Attachment 1: Proposed Ordinance DISCUSSION/ FINANCIAL IMPACT: The City Attorney’s office suggests adding language that makes clear the requirements for gathering signatures for nomination for elective office. That additional language is being proposed under SMC Section 2.215(2) “Nominations for Elective Office”. In 2009, ORS 250.265(7) was amended to limit the amount of time a petitioner could have to gather signatures for an Initiative Petition to two years. The amendment to bring SMC in compliance with State Statute is proposed under SMC Section 2.235(2) “Time for Filing Petitions”. One of Council’s Goals is to provide an online Voters’ Guide for local elections including City of Springfield, Springfield Utility Board, Springfield Public Schools, and Willamalane Parks and Recreation District candidates and measures. Amendments to SMC Section 2.270 “Distribution of Voters’ Pamphlet” are being proposed to allow the City to create that type of guide. To address language in the above amendments and elsewhere in Chapter 2, appropriate definitions have been added to SMC Section 2.205 “Definitions”. A first reading for this ordinance was held on June 2, 2014. Attachment 1, Page 1 of 3 ORDINANCE NO. _____ (General) ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 2.205 “DEFINITIONS”, 2.215 “NOMINATIONS FOR ELECTIVE OFFICE”, 2.235 “TIME FOR FILING PETITIONS”, AND 2.270 “DISTRIBUTION OF VOTERS PAMPHLETS” The Common Council of the City of Springfield finds that: WHEREAS, Springfield Municipal Code Chapter 2 outlines the election process for the City of Springfield; and WHEREAS, The City of Springfield desires to update current code to include requirements set by ORS regarding Nomination of Elective Office; and WHEREAS, The City of Springfield desires to include the option of an online voters’ guide with a list of candidates, statements from candidates, measures or arguments relative to measures to be considered and voted upon in the City. NOW, THEREFORE, The City of Springfield ordains as follows: Section 1: Springfield Municipal Code Section 2.205 “Definitions” is hereby amended in to read as follows: 2.205 Definitions. Candidate. An individual whose name is printed or expected to be printed on the ballot after meeting filing requirements. Conflicting Provision. Provisions are conflicting when any part of one measure cannot operate concurrently with a provision of another measure or when one or both measures expressly provide that they are intended to be the exclusive enactment of that area of legislation. Elections Filing Officer. The city recorder is the elections filing officer for the city of Springfield. Elective Office. Elective offices covered by this section shall include mayor, city council and Springfield Utility Board (SUB) member. Electorate. The registered voters in the city of Springfield. Initiative. The process of initiating legislation and its enactment or rejection by the electorate. Legislative Body. The Springfield city council. Measure. Legislation referred to the voters either by referendum or initiative. Park District. For the purposes of this Chapter, Willamalane Parks and Recreation District. Recall. The process of removing from office any person holding an elective office in the city of Springfield. Attachment 1, Page 2 of 3 Referendum. The process of referring legislation to the electorate. Regular Election. An election held at the same time as the statewide primary or general biennial election. School District. For the purposes of this Chapter, Springfield School District 19. Special Election. An election held on a date that is not a regular election date. Utility Board. For the purposes of this Chapter, Springfield Utility Board. Section 2: Springfield Municipal Code Section 2.215 “Nominations for Elective Office” is hereby amended to read as follows: “(1) The legal voters of the city shall have authority to make nominations for all elective offices to be filled. All nominations for elective offices within the city shall be made by a certificate of nomination signed by at least 25 legal voters in the ward, in the case of ward nominations, or signed by at least 25 legal voters in the city, in the case of nominations at large.” “(2) A certificate of nomination shall become a perfected certificate when it has been signed by at least 25 legal voters in the ward, in the case of ward nominations, or at least 25 legal voters in the city, in the case of nominations at large, and such signatures have been verified as legal voters within the city by the county elections division and filed with the elections filing officer. The circulator that collects the signatures shall certify on each signature sheet that the circulator witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet and believes each individual is a elector registered in the electoral district.” “(4) It shall be the duty of the elections filing officer to inspect all petitions filed under terms of this section and to submit to the county elections division no later than the 61st day preceding the date of the election, the names of duly nominated candidates so that they may appear on the ballot.” “(5) The elections filing officer shall furnish certificate of nomination forms to all interested persons to be used for nominating candidates. The certificate of nomination forms shall include: (a) Name of the elector; (b) Residence or mailing address of the elector; (c) Declaration as to whether one or more persons will be paid money or other valuable consideration for obtaining signatures of the electors on the certificate. (d) Circulation certification of signature witness and elector registration in electoral district.” Attachment 1, Page 3 of 3 Section 3: Springfield Municipal Code Section 2.235 “Time for Filing Petitions” is hereby amended in section 2.235(2) to read as follows: “(2) Where initiative petitions shall be signed by the required number of legal voters to initiate legislation, such petitions shall be filed with the elections filing officer within two years from the time the petition is approved for circulation.” Section 4: Springfield Municipal Code Section 2.270 “Distribution of Voters Pamphlet” is hereby amended to read as follows: (2) The city council may, by motion, resolution or ordinance, provide for the preparation and distribution of a printed voters’ pamphlet that includes or copies of candidates list, statements from candidates, measures or arguments relative to measures to be considered and voted upon at any such election. (3) The city council may, by motion, resolution or ordinance, provide for the preparation and make available an electronic voters’ pamphlet or make available electronically candidates list, statements from candidates, measures or arguments relative to measures to be considered and voted upon at any city, park district, school district, or utility board election. An electronic voters’ pamphlet may be prepared independent of or in lieu of a printed voters’ pamphlet. (4) Standards for the printed and electronic voters’ pamphlet shall be set by policy approved by the city manager. Section 5: Except as specified herein, all other provisions of Springfield Municipal Code Chapter 2 remain unchanged and in full force and effect. ADOPTED by the Common Council of the City of Springfield this _____ day of _________________, 2014, by a vote of _____ for and _____ against. APPROVED by the Mayor of the City of Springfield this _____ day of _______________, 2014. ________________________________ Christine Lundberg, Mayor ATTEST: ________________________________ Amy Sowa, City Recorder