Chapter 2.04
INITIATIVE AND REFERENDUM
PROCEDURES
(New Chapter Substituted by Ord.
No. 163790, Jan. 16, 1991.)
Sections:
2.04.010 Definitions.
2.04.020 Applicability of State Law; Limitations.
2.04.030 Pre-election Publication.
2.04.040 Submission of Measure to Voters.
2.04.050 Prospective Petition.
2.04.060 Ballot Title; Publication; Legal Effect.
2.04.070 Legal Challenge to Ballot Title; Circulation of Petition.
2.04.090 Filing Deadlines, Percentage Requirements and Signature Verification.
2.04.100 Council Action; Competing Measure and Certification.
2.04.120 Measures Referred by the Council.
2.04.130 Election Dates; Special Election.
2.04.140 Election Notice and Procedure.
2.04.150 Computation of the Vote.
2.04.160 Effective Date.
2.04.170 Computation of Dates.
2.04.010 Definitions.
As used in this chapter, unless the context requires otherwise:
A. “Auditor” means the Auditor of the City of Portland, or designee.
B. “Elector” means any registered voter of the City.
C. “Regular election” means the biennial statewide primary or general election date.
D. “General election” means the statewide election held the first Tuesday after the first Monday in November of each even-numbered year.
E. “Primary election” means the statewide election held the third Tuesday in May of each even-numbered year.
F. “Special election” means any election at which a measure is submitted to the electors on a date other than a regular election date.
G. “Measure” means any city legislation, or property tax levy, tax base, or bond measure proposed for adoption, amendment, revision, repeal or referral through the initiative or referendum procedures prescribed by this chapter.
H. “Prospective petition” means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.
2.04.020 Applicability of State Law; Limitations.
A. The provisions of this chapter shall prevail over any conflicting provisions of state law relating to matters subject to legislation by the City.
B. An emergency ordinance shall not be subject to the referendum process, however, the City Attorney shall be consulted by the Auditor prior to the refusal to accept a referendum petition.
2.04.030 Pre-election Publication.
No City voters pamphlet shall be required for an election subject to this chapter unless the Council directs it specifically.
2.04.040 Submission of Measures to Voters.
A. Council Submission of Measures
1. A measure may be submitted to the legal voters of the City by resolution of the Council. No petition is required.
2. An advisory question, measure or proposition may be submitted to the voters by resolution of the Council. No petition is required. The vote shall not enact the matter into law, preclude the Council from adopting an ordinance enacting the matter into law, or require the Council to enact the measure into law.
B. Elector’s Submission of Petition on Legislation
1. A petition initiating or referring city legislation may be submitted by electors. The petition shall comply with the requirements of PCC 2.04.050.
2.04.050 Prospective Petition.
A. The chief petitioner(s) shall file a prospective petition with the Auditor prior to circulating the petition. The petition shall be in a form required by the Auditor.
B. State law with regard to the form of the petition shall apply except that the City shall provide on the form a place for the chief petitioners to state at which election date the measure is to be placed on the ballot.
1. In the case of an initiative petition:
a. The chief petitioners shall specify the date at which the measure shall be submitted to the voters. The specified election date shall be a regular election date within two years and four months of the time the prospective petition is filed with the Auditor.
b. Each signature sheet shall contain the caption of the ballot title.
2. In the case of a referendum petition, each signature sheet shall contain the title, and charter section or ordinance number or section numbers proposed for referral.
3. A full and correct copy of the legislation shall be attached to each sheet of signatures.
C. The Auditor shall provide each chief petitioner with a “Statement of Understanding” and with a copy of each of the forms and requirements listed on the Statement. A signed statement shall be a prerequisite to acceptance of the petition.
D. Prospective petitions which meet the requirements of PCC 2.04.050(A), (B) and (C) shall be accepted by the Auditor. The Auditor shall inscribe the date of filing upon the petition. The Auditor shall forward immediately two copies to the City Attorney for the preparation of a ballot title.
2.04.060 Ballot Title; Publication; Legal Effect.
A. The City Attorney shall prepare a ballot title within five business days after receiving the prospective petition. The ballot title shall comply with the requirements of state law.
B. The ballot title shall consist of:
1. A caption which reasonably identifies the subject matter of the petition.
2. A question which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote; and
3. A concise and neutral statement summarizing the legislation and its major effects.
C. The City Attorney shall transmit the ballot title to the Auditor who shall inscribe the date of receipt on it and shall:
1. Transmit a copy of the petition and the ballot title to one of the chief petitioners; and,
2. Publish in the next available edition of a newspaper of general circulation in the City, a notice of receipt of the ballot title, that an elector may file a petition for review of the ballot title, and the date by which the appeal must be filed.
2.04.070 Legal Challenge to Ballot Title; Circulation of Petition.
A. The Auditor shall certify the petition to one of the chief petitioners for circulation at the conclusion of the seventh business day after the ballot title is received from the City Attorney or immediately upon final adjudication as prescribed by the court, except a referendum petition which is found by the Auditor to satisfy the provisions of PCC 2.04.050 may be circulated prior to the preparation of the ballot title.
B. The Auditor shall advise the chief petitioner in writing that the preparation of the ballot title by the City Attorney and certification of the petition by the Auditor does not certify that the proposed measure is a proper matter for the initiative or referendum process or that it is legal.
C. Each copy of the petition which is circulated shall consist of a cover page including the text of the legislation being initiated or referred and a signature sheet or sheets.
D. Each elector signing the petition shall do so by affixing the elector’s signature, the date of the signature and by printing, the elector’s name, residence address and if known, the elector’s precinct number.
E. No signature sheet shall be circulated by more than one person. Each signature sheet shall contain a statement signed by the circulator that each elector who signed the sheet did so in the circulator’s presence and to the best of the circulator’s knowledge, each elector signing the sheet is a legal voter of the City and that the information placed on the sheet by the elector is correct.
2.04.090 Filing Deadlines, Percentage Requirements and Signature Verification.
A. The Auditor shall not accept a petition for signature verification which does not satisfy the requirements of this chapter and other applicable law. Petitions shall be verified in the order in which they are filed with the Auditor.
B. A petition shall not be accepted for signature verification unless it contains at least 100 percent of the required number of signatures.
C. In computing the required number of signatures, the required number shall be a percentage, as provided in this ordinance, of the highest number of votes cast at the previous general election for any one city office.
D. An initiative petition shall:
1. Be filed with the Auditor for signature verification no less than four months before the election date specified on the petition. Failure to meet this filing deadline shall render the petition void.
2. Be signed by a number of electors equal to 15 percent of the votes cast at the preceding general election for any one city office.
E. A referendum petition shall:
1. Be filed with the Auditor for signature verification no later than 30 days after passage of the ordinance sought to be referred, however, it must be submitted to the Auditor at least four months before an election date in order to be placed on the ballot for that election. The four months submission requirement may be waived if the Auditor can complete the signature verification process and meet the counties’ elections filing deadlines, and the provisions of PCC 2.04.130(B) are satisfied.
2. Be signed by a number of legal voters equal to 10 percent 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.
F. Upon acceptance of the petition, the Auditor shall verify the signatures. Verification may be performed by random sampling in a manner approved by the Secretary of the State of Oregon.
G. The Auditor shall complete the verification process within 30 days after receipt of the petition and shall advise a chief petitioner whether the petition qualifies to be submitted to the voters.
H. A date shall be placed on the petition or on a certificate attached to the petition which shows the date the verification process was completed. Measures which qualify for placement on the ballot shall be certified by the Auditor as meeting the requirements of this chapter and shall be submitted to the Council for action as provided by 2.04.100. The Auditor shall certify to the County Elections Office for placement on the ballot each measure which has not been enacted by the Council.
2.04.100 Council Action; Competing Measure and Certification.
A. The Auditor shall file with the Council each initiative and referendum measure submitted by the electors which qualifies for placement on the ballot for action by the Council as follows:
1. The Council may adopt an ordinance which codifies an initiative measure proposing a change to the City code. The Council shall act by a non-emergency ordinance not later than the 30th day after the measure has been certified by the Auditor for Council action and not later than the date the measure must be certified to the County for placement on the ballot. Approval of the ordinance shall void the initiative petition.
2. The Council may repeal an ordinance provision which is the subject of a referendum petition. The Council shall act by a non-emergency ordinance not later than the 30th day after the measure has been certified by the Auditor for Council action and not later than the date the measure must be certified to the County for placement on the ballot. Repeal of the referred ordinance provision shall void the referendum petition.
B. All measures involving charter language shall be submitted to the voters.
C. The Council may refer a competing measure, however, it shall prepare the measure not later than the 30th day after the measure has been filed with the Auditor for signature verification.
2.04.120 Measures Referred by the Council.
A. Preparation of Ballot Title and Resolution and the Effective Date.
1. An elected official or the Council may request the City Attorney to prepare a ballot title and resolution for Council action.
2. The City Attorney shall prepare a ballot title as provided in PCC 2.04.060(B) and a resolution directing placement of the measure on the ballot within five business days of the request and shall transmit the documents back to the Council member making the request or to the Council Clerk if requested by the Council, for placement on the Council agenda.
3. A measure shall be placed on the ballot when the Council enacts a resolution directing that a measure be placed on the ballot.
4. A measure shall be considered referred under this section as of the date the Council adopts the resolution directing placement of the measure on the ballot.
B. Publication.
1. Upon passage of the resolution by the Council, the Auditor shall publish in the next available edition of a newspaper of general circulation in the City, a notice of receipt of the ballot title, that an elector may file a petition for review of the ballot title, and the date by which the appeal must be filed.
C. Legal Challenge to Ballot Title.
1. A ballot title adopted by Council may be challenged in Circuit Court as provided by PCC 2.04.070.
2.04.130 Election Dates; Special Election.
A. The Council shall call for the election on an initiative measure on the date specified on the petition, which shall be either a primary or general election date.
B. A referendum measure shall be placed on the next primary or general election date unless the Council finds that the public interest would be harmed by waiting. In this situation, the Council may call for a special election at the next available date or call for a special election at an election date when other measures are on the ballot thus reducing the cost.
2.04.140 Election Notice and Procedure.
A. Notice of an election on a measure to be submitted to the electors on a regular election date shall be given in accordance with state law and the charter.
B. The requirements of subsection (A) of this section do not apply when the election is to be conducted by mail in accordance with state law.
C. Measures referred by the Council shall be designated on the ballot “Referred to the People by the City Council.”
D. Measures proposed by referendum petition shall be designated on the ballot “Referred by Petition of the People.”
E. Measures proposed by initiative petition shall be designated on the ballot “Proposed by Initiative Petition.”
2.04.150 Computation of the Vote.
A. No measure shall be adopted unless it receives an affirmative majority of the total number of votes.
B. If there are two or more measures on the ballot on the same subject or containing conflicting provisions, the measure receiving the greatest number of affirmative votes shall be the measure adopted.
2.04.160 Effective Date.
A. The Auditor shall submit the abstract of votes for each measure from the County Elections office to the Council within 30 days after the date of the election. The Mayor shall issue a proclamation giving the number of votes cast for or against a measure and declare the approved measure as the law on the effective date of the measure. If two or more approved measures contain conflicting provisions, the Mayor shall claim which is paramount, as provided by PCC 2.04.150(B).
B. An initiative or referendum measure adopted by the electors shall take effect upon proclamation by the Mayor unless the measure expressly provides a different effective date.
2.04.170 Computation of Dates.
A. The filing deadline shall be 5 p.m. on the date the document or fee is due unless the deadline falls on a Saturday, Sunday or holiday in which case, the due date shall be the next business day at 5:00 p.m. Documents will be accepted after 5 p.m. if the document is physically in the office at 5 p.m.
B. In computing the due date for documents due X months prior to an election date, the time is computed by using months; e.g. if the document is due six months prior to an election date which is November 6, it must be filed on or before May 6 at 5 p.m. If May 6 is a Saturday, Sunday or holiday, the provisions in 2.04.170(A) apply.
Chapter 2.08
NOMINATION AND ELECTION OF
CANDIDATES
(New Chapter substituted by Ord. No.
167654, May 18, 1994.)
Sections:
2.08.010 Definitions.
2.08.020 Applicability of State Law.
2.08.030 City Elections Officer.
2.08.040 City Offices.
2.08.050 Qualifications of Candidates.
2.08.060 Filing as a Candidate for Office.
2.08.070 Declaration of Candidacy.
2.08.080 Nominating Petition
2.08.090 Withdrawal of Candidate Before certification to County.
2.08.100 Register of Candidates for primary Election.
2.08.110 Statement of Candidates & Measures for Primary and General Elections Ballots.
2.08.120 Post-Election Procedures for Primary and General Election.
2.08.130 Tie Vote.
2.08.140 Candidate Elected by Write-in Vote.
2.08.150 Withdrawal after Nomination.
2.08.160 Filling Vacancy in Nomination.
2.08.170 Recall.
2.08.010 Definitions.
As used in this chapter, unless the context requires otherwise:
A. “Auditor” means the Auditor of the City of Portland.
B. “City Elections Officer” means the Auditor.
C. “Eligible Elector” means a person qualified to vote who is a resident of the City and a legal registered voter of the City and State of Oregon.
D. “Nonpartisan” means not representing or supported by any national or state political party or committee or convention representing or acting for any political party.
E. “Prospective petition” means a petition containing the information required to be contained in a completed petition except for electors’ signatures.
F. “Perfected petition” means a petition containing sufficient verified signatures and other identification of petition signers required to be contained in a completed petition.
G. “General Election” means the statewide election held the first Tuesday after the first Monday in November of each even-numbered year.
H. “Primary Election” means the statewide election held the third Tuesday in May of each even-numbered year.
I. “Special Election” means any election on a date other than a regular primary or general election date.
2.08.020 Applicability of State Law.
A. Except as the City Charter and Code provide to the contrary, the manner of nominating and electing city officers shall be the manner prescribed by state law for the nomination and election of nonpartisan officers.
B. All elections for city officers shall be held at the same time and place as elections for state and county officers in accordance with state law, except in the case of a special election to fill a vacancy in office or provide a runoff for two candidates nominated at a General Election or special nominating election.
C. Except as otherwise provided in the Charter or this Chapter, the Auditor shall maintain and preserve all documents related to an election matter for the retention period prescribed by state law. The Auditor shall retain nominating petitions and declarations of candidacy for four years after the election.
2.08.030 City Elections Officer.
A. The Auditor shall serve as the City Elections Officer.
B. The City Elections Officer may accept for filing and verify elections documents, maintain elections registers and historical records, prepare and publish a voters’ pamphlet, or prepare and publish an election notice.
C. All documents involving filing as a candidate, organizing a campaign committee or a political action committee, reporting campaign contributions, filing an initiative, referendum or recall petition, and preparing and forwarding a measure for the election ballot shall be filed with the City Elections Officer.
D. The City Elections Officer shall verify the sufficiency of the content and form of the documents and shall immediately stamp the date of receipt on the documents, and, if it is the day of a deadline, shall record the time on any document required to be filed with the City Elections Officer by 5:00 p.m. on that date.
E. Any write-in candidate for a city office who wishes a tally of votes shall file a written request for the tally with the City Elections Officer. The City Elections Officer shall forward the request to the Multnomah, Clackamas and Washington County Elections Officers. The request shall be filed with the City Elections Officer by the deadline prescribed by state law.
2.08.040 City Offices.
A. All elective city offices shall be nonpartisan. Petitions or declarations of candidacy shall contain no reference to any political party affiliation. No reference to any political party affiliation shall be included in any notice, voters’ pamphlet, ballot or other elections publication concerning a city candidate.
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 concerning filling vacancies in office and provisions in Chapter 2.08.160 concerning absence of a nominee after the Primary Election. A City candidate who receives a majority of the votes cast for that office at the Primary Election shall run as the sole nominee in the General Election. If no candidate receives a majority, the two candidates receiving the most votes for that office
will run in the General Election. 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.
2.08.050 Qualifications of Candidates.
A. Eligible electors filing for city offices shall meet the qualifications for elected officials described in Charter Section 2-202. The candidate shall be a citizen of the United States and of the State of Oregon, and a registered voter in the City of Portland who shall have been a resident of the City of Portland or of an area which has become part of the City prior to filing the declaration of candidacy or petition for nomination, for a period of not less than one year immediately preceding the nominating election.
B. The City Elections Officer shall reject the filing for candidacy if the City Elections Officer finds that a candidate is not a registered voter in the City of Portland, would otherwise be unable to qualify as an officer if elected, or if the filing is not in compliance with the law or the requirements of this Chapter in any other way.
2.08.060 Filing as a Candidate for Office.
A. An eligible elector may become a candidate for nonpartisan office by filing a nominating petition or a declaration of candidacy.
1. At the time of filing, a declaration of candidacy shall be accompanied by a fee of $30 for the office of Commissioner or Auditor and $50 for the office of Mayor.
2. As an alternative method of filing as a candidate without the expense of the filing fee, a candidate may file a nominating petition. A nominating petition shall contain no less than 100 original signatures of electors registered in the City of Portland.
B. A nominating petition or declaration of candidacy shall contain the name of only one candidate.
C. No person shall file a nominating petition or declaration of candidacy for more than one lucrative office on the ballot at the same time. If a person has filed for another office, the person shall first withdraw the prior filing before a nominating petition or declaration of candidacy shall be accepted.
D. A nominating petition or declaration of candidacy shall be filed within the time period prescribed by state law.
2.08.070 Declaration of Candidacy.
(Amended by Ordinance No. 173369, effective May 12, 1999.)
A. The Declaration of Candidacy shall be accompanied by the filing fee.
B. A Declaration of Candidacy shall be in a form prescribed by state law and shall provide qualifications and fees for city candidates. It shall include:
1. The candidate’s legal name;
2. The candidate’s residence and mailing addresses;
3. The candidate’s county of residence;
4. The position and position number, if applicable, for which the candidate seeks nomination;
5. A statement of the candidate’s occupation, educational and occupational experience and prior government experience;
6. A statement the candidate will accept nomination or election;
7. A statement the candidate will qualify if elected;
8. A statement the required fee is included with the declaration; and
9. The candidate’s signature.
C. The Declaration of Candidacy shall state pursuant to ORS 260.715 that any person who supplies any information on the form, knowing it to be false, is subject upon conviction to imprisonment in the penitentiary for up to five years or to a fine of $100,000 or both; and pursuant to ORS 249.013 that no person shall file a nominating petition or declaration of candidacy for more than one lucrative office before the date of the primary election unless the person first files a written withdrawal with the officer who accepted the initial filing.
2.08.080 Nominating Petition
A. Before circulating a nominating petition, the candidate shall file with the City Elections Officer a prospective petition signed by the candidate. The prospective petition shall be a copy of the documents intended for circulation and filing, accompanied by a Declaration of Candidacy described above labeled “prospective
petition” and a statement whether petition circulators will be paid or unpaid. The copy of the signature sheet shall be in the form prescribed by state law and signed by the candidate.
B. No petition shall be circulated for signatures without the approval of the prospective petition by the City Elections Officer.
C. After circulating the petition, the candidate shall submit to the City Elections Filing Officer the signature sheets including no less than 100 percent of the required signatures and the circulator’s signed verification on each signature sheet that all signatures were obtained in the circulator’s presence and the circulator believes the signatures to belong to eligible electors.
D. Upon receipt of signature sheets containing the required number of signatures, the City Elections Officer shall arrange for verification of the validity of the signatures with the County Elections Officers.
E. Upon verification of the validity of 100 signatures, the candidate shall file the perfected petition, including a Declaration of Candidacy labeled “perfected petition” with the City Elections Officer.
F. Any eligible elector may sign a nominating petition of any candidate for nonpartisan city office.
2.08.090. Withdrawal of Candidate before Certification to County.
A candidate who has filed a Declaration of Candidacy or nominating petition may withdraw as a candidate provided the withdrawal is made by the deadline prescribed by state law and the withdrawal is made on a form provided by the City Elections Officer and signed under oath before a notary. If the withdrawal is filed before the statutory deadline, the City Elections Officer shall refund any filing fee.
2.08.100. Register of Candidates for Primary Election.
The City Elections Officer shall keep a register of candidates for nomination at the primary election. The register shall contain the title of each office, the name and residence mailing address of each candidate for nomination at the primary election, the date of filing of the prospective petition for nomination of the candidate, the date of filing of the perfected petition for nomination, the date of filing of the declaration of candidacy, and such other information as may aid the City Elections Officer to provide the Multnomah County Elections Officer with information for the official ballot for the primary election.
2.08.110. Statement of Candidates & Measures for Primary and General Elections Ballots.
A. The City Elections Officer shall file with the Multnomah County Elections Officer a statement of the candidates’ names as they will appear on the ballot, the city offices for which candidates are to be nominated or elected, and city measures to be voted on, including the ballot title for each measure. The City Elections Officer shall file this statement no later than the deadline prescribed by state law for notification to county offices.
B. The City shall reimburse the County for expenses incurred in changing the ballot if the City Elections Officer makes changes after the deadline for filing the statement with the County.
2.08.120. Post-Election Procedures for Primary and General Elections
A. Upon receipt of the abstract of the vote tally for nominated or elected officers and measures from the County, the City Elections Officer shall act as follows no later than 30 days after the election.
B. The City Elections Officer shall:
1. Prepare a register of nominations, including the name of each candidate nominated, the position for which the candidate was nominated, and the date of entry;
2. Proclaim to the City Council the candidates nominated or elected and the measures approved;
3. Proclaim which measure is paramount if approved measures contain conflicting provisions; and
4. Prepare and deliver to each candidate a certificate of nomination or election, provided each candidate has filed financial statements relating to the election that the candidate is required to file under ORS 260.058 and 260.068.
C. The certificate is primary evidence of nomination or election. No candidate shall take the oath of office before receiving a certificate of election from the City Elections Officer. The City Elections Officer shall not grant a certificate of nomination or election to any candidate until the candidate has filed the statements relating to the election that the candidate is required to file under ORS 260.058 and 260.068.
D. A contested election and recount of votes for any City office shall be determined according to state law regulating these proceedings.
2.08.130. Tie Vote.
After a recount of the vote, if two candidates have an equal and highest number of votes at the General Election, the Auditor shall have the candidates meet publicly to decide by lot who is elected after providing notice to the candidates and public.
2.08.140. Candidate Elected by Write-in Vote.
An individual nominated or elected by write-in votes shall sign and file a form indicating that the individual accepts the nomination or office before the City Elections Officer may issue a certificate of nomination or election. The form shall be provided by the City Elections Officer.
2.08.150. Withdrawal after Nomination.
Any person who has been nominated at a nominating or Primary Election may withdraw from nomination by filing a statement declining the nomination and stating the reasons for withdrawal. The request for withdrawal shall be on a form provided by the City Elections Officer and signed and notarized before the City Elections Officer no later than the deadline prescribed by state law.
2.08.160. Filling Vacancy in Nomination.
A. If the only candidate nominated to a nonpartisan office dies, withdraws, is removed or disqualified or becomes ineligible before the deadline for filing statements with the County, the nomination process shall be initiated and candidates for the office shall file nominating petitions in the manner provided for nonpartisan office. The General Election shall serve as the nominating election. The City Elections Officer shall consult with the Secretary of State in adopting a schedule for filing nominating petitions and subsequent elections documents.
B. If a candidate nominated under the provisions of this Chapter receives a majority of the votes cast for the office at the General Election, that candidate shall be deemed elected. If no nominee receives a majority of the vote at a nominating election held at a General Election, the two candidates receiving the highest number of votes shall be in a runoff election, and the candidate receiving a majority of the votes shall be the winner. Any special runoff election required by this Chapter shall be according to provisions of Charter Section 2-206 for filling vacancies in office.
2.08.170. Recall.
Procedures and forms for a recall petition and election shall be according to state law.