To: Honorable Mayor and Members of Town Council
From: Sally Misare, Town Clerk
Title
Discussion/Direction: Additional Charter Amendments for November 3, 2015 Coordinated Election Ballot
Body
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Executive Summary
Previously Town Council directed staff to prepare ballots questions to cover the following Charter Amendments:
• Changing the date of the Town’s Regular Elections from April to November of even numbered years
• Increasing the number of signatures required for a Referendum Petition from 5% to 10% of the number of registered voters on the date the form of the petition is approved
• Increasing the number of signatures required for an Initiative Petition from 10% to 15% of the number of registered voters on the date the form of the petition is approved
• Designation of the Town’s website as the official place for posting legal notices for pre and post adoption notices of Ordinances under consideration by the Town Council.
Staff is working to draft ballot language for these issues, and will be presenting an Ordinance to call the election and setting these questions in August, 2015.
Council also requested staff research two additional areas, and provide options for Council consideration for possible Charter Amendments:
1) Amending the Charter regarding withdrawal of a Referendum or Initiative Petition; and
2) Providing for withdrawal of individual signatures from a Referendum or Initiative Petition.
Withdrawal of Petition
Section 15-6 of the Town Charter provides that a Referendum or Initiative Petition may be withdrawn by the petition representatives up to 20 days prior to the Election. This is non-discretionary, and once the notice is filed, the petition has no further effect, and all proceedings are terminated.
The Municipal Referendum and Initiative Statutes do not address withdrawal of the petition. Because no provisions regarding this issue are provided in the Statute, in the absence of the Town’s Charter provision, it could be interpreted that withdrawal is not permitted and that once a petition is determined to be sufficient, the Ordinance must either be rescinded by the Council or set for election.
The State Election Code (Title 1) allows for the withdrawal of an Initiative Petition by the filing an affidavit by the two petition representatives no later than 60 days prior to the election. Title 1 is silent on withdrawal of Referendum Petition.
There are two issues for Council consideration: 1) Should there be provisions under which the withdrawal of a petition in permitted; and 2) if withdrawal of a petition is allowed, when should this be required to occur?
If Council does not wish to allow for withdrawal of a petition, a Charter Amendment to eliminate Section 15-6 would be appropriate.
If Council wishes to continue to allow withdrawal, but change the timing of when this could be done, staff would recommend following the 60 day guideline provided in Title 1. Under the current 20 days provided in the Town Charter, the election is well underway, and an estimated 80% of the costs associated with an election have already been incurred.
Alternatively, Council could leave the current language in place, and no Charter Amendment would be necessary
Withdrawal of Signatures
Other than through the filing of a former protest, neither the Town Charter, nor the Municipal Referendum and Initiative Statute provide a process whereby a signee may request their signature be removed from the petition after it is signed.
Title 1 provides that a registered elector who signs a petition may withdraw his or her signature from the Petition by filing a written statement at any time on or before the date the petition is filed with the Clerk. No reason is required.
If Council is interested in providing for this option, staff recommends that an elector be required to file a sworn/ notarized statement, on a form provided by the Clerk, and concurs that this should take place on or before the date the petition is filed with the Clerk.
Direction Requested
At this time, staff is seeking direction as to whether Council is interested in including either or both of these items as Charter Amendments in November 2015, and if so, what are the desired parameters. Once the direction is determined by a majority of Council, staff will prepare ballot language for consideration as needed.