January 20, 2004

TO:  Mayor Vera Katz

 Commissioner Jim Francesconi

 Commissioner Randy Leonard

 Commissioner Dan Saltzman

 Commissioner Erik Sten

FROM:  Auditor Gary Blackmer

RE:  Amend Charter - Candidates Receiving Majority Vote at Primary are Elected

My office is filing for Council consideration at the February 4, 2004 morning Council session a Resolution to refer a Charter amendment to the voters at the May 18, 2004 primary election. The proposed Charter change is intended to streamline the process of electing City officials in cases where a candidate receives a majority of votes cast at the primary.

Currently, City Charter provides that a candidate who receives a majority of the vote at the primary election appears as the sole nominee on the general election ballot. In 31 out of 40 elections for City officials since 1980, one candidate has received a majority of the votes at the primary and appeared as the sole nominee at the general. No write-in candidate ever came close to defeating a sole nominee.

I propose adopting a streamlined elections process similar to that provided for in the general procedures for non-partisan elections in the State of Oregon. This process has been successfully applied in other jurisdictions including Multnomah County. In cases where a candidate receives the majority of votes cast at the primary election, he or she is elected without having to appear again on a subsequent general election ballot. Current provisions for the filling of vacancies would continue to apply in the event a candidate elected in May fails to qualify and take the oath of office in January. This new process would be implemented in time for the May 2006 primary election.

Adopting this streamlined process for the election of City officials would lessen voter confusion and reduce election administration and voters' pamphlet printing costs.

My office has worked closely with the City Attorney to draft the proposed amendment to Charter Section 3-101. If voters approve the Charter amendment, my office will file an Ordinance for Council consideration amending the City Code to implement the change. I am including a summary of the proposed Charter and Code changes below.

If voters approve the Charter amendment, the formula for calculating the number of signatures needed for City initiative and referendum petitions will also need to be modified. The base figure for the current calculation is dependent on voter turnout at the general election. My office has developed a new formula based on voter registration numbers that is stable, easy to understand, and approximates the current signature requirement. I am including the proposed formula with the relevant code changes below.

PROPOSED CHARTER CHANGE TO BE REFERRED TO VOTERS:

Section 3-101 Time of Taking Office and Terms.
Beginning with elections held in 2006, if any candidate for the office of Mayor, Commissioner, or Auditor receives a majority of the votes cast in a primary election for that office, that candidate shall be elected. If no candidate for such an office receives a majority of the votes cast in the primary election, the names of the two candidates receiving the highest number of votes cast shall be declared nominees and their names shall appear on the general election ballot in that same year. The nominee receiving the highest number of votes in the general election shall be elected.

Except as otherwise provided in this charter, those elected shall take office on the following January 1 and shall hold office for four years. If, at the end of four years, no successor is yet elected and qualified, the incumbent shall continue to hold office until a successor is elected and qualified.

Except as otherwise provided in this charter, the Mayor and Commissioners for positions 1 and 4 shall be elected every fourth year beginning in 2004, and the Auditor and Commissioners for positions 2 and 3 shall be elected every fourth year beginning in 2006.

At the general election held on each fourth year counting from the year 1960 A.D., the person elected Mayor and the two (2) persons elected Commissioners shall take office on the following January 1, and shall hold office until January 1, four (4) years later. At the general election on even numbered years between such fourth years the person elected Auditor and the two (2) persons elected Commissioners shall take office on January 1 of the following year, and they shall hold office until January 1 four (4) years later. The incumbents of the above mentioned offices shall hold their respective offices until their successors are elected and have qualified, or until their death, resignation or removal.

PROPOSED CODE AMENDMENTS IF CHARTER CHANGE APPROVED:

2.08.040  City Offices.

B.  The Mayor, Auditor and Commissioners shall be nominated at the Primary Election and elected at the General Election, subject to provisions in Charter Section 2-206 and Chapter 3, Article 1 concerning filling vacancies in office and provisions in Chapter 2.08.160 concerning absence of a nominee after the Primary Election. If aA City candidate who receives a majority of the votes cast for that an office at the Primary Election, the candidate shall be elected. shall run as the sole nominee in the General Election. If no candidate receives a majority of the votes cast for the office at the Primary Election, the two candidates receiving the most highest number of votes for that office will run shall appear on in the General Election ballot. The candidate receiving the majority of votes cast at the General Election shall be elected. In case no nomination is made at the Primary Election, nominations may be made at the General Election, and any candidate receiving a majority of votes shall be deemed elected at the General Election.

2.04.090  Filing Deadlines, Percentage Requirements and Signature Verification.

D.  An initiative petition shall:

2.  Be signed by a number of electors equal to or greater than 159 percent of the number of electors registered in the city on the date of the primary municipal election preceding the date the prospective petition is filed highest number of votes cast at the preceding general election for any one city office.

E.   A referendum petition shall:

2.  Be signed by a number of legal voters equal to or greater than 10 6 percent of the number of electors registered in the city on the date of the primary municipal election preceding the date the prospective petition is filed, of the highest number of votes cast at the preceding general election for any one city office, except that a petition signed by 2,000 registered voters shall be sufficient to call a referendum upon any franchise ordinance.

NEW FORMULA FOR PETITION SIGNATURE REQUIREMENTS

If the charter change is approved by voters, the formula for calculating the number of signatures needed for City petitions will also need to be modified. This is because the current formula is dependent on voter turnout at the general election. The new formula should be stable, easy to understand and should approximate the current standard (i.e., not make it any easier or harder to qualify petitions for the ballot.)

The current City formula is based on the total number of votes cast at the preceding general election.

 INITIATIVE - 25,775 (15% of 171,833 votes for Position 4 in 2002)

 REFERENDUM - 17,183 (10% of 171,833)

The current requirement fluctuates from year to year based on voter turnout. Based on voter turnout records since 1984, the average petition signature requirements have been:

 INITIATIVE - 24,990 (Average requirement 1984-2002)

 REFERENDUM - 16,660 (Average requirement 1984-2002)

Oregon Statute provides for a different formula for use in municipalities in lieu of City-specific regulations, based on the number of registered voters in the City. Applied to the City of Portland, this formula results in a much higher standard than our current requirement.

INITIATIVE - 42,274 (15% of 281,828 City registered voters)

 REFERENDUM - 28,183 (10% of 281,828)

The proposed new City formula uses the same base figure as the general State formula but lowers the percentage to arrive at a more reasonable signature requirement close to our current standard. This is the same approach used in the City of Gresham.

INITIATIVE - 25,365 (9% of 281,828 City registered voters)

   REFERENDUM - 16,910 (6% of 281,828)

Because it was determined using the average number of signatures required during the past 20 years, this new formula approximates the current signature requirement.

The new formula is also more stable than our current signature requirement as it is based on voter registration rather than voter turnout.