1-10-1 1-10-3
CHAPTER 10
CITY INITIATIVE AND REFERENDUM
SECTION:
1-10- 1: Creation of Rights
1-10- 2:
Number of Petitioners Required
1-10- 3:
Form of Petition
1-10- 4:
Time for Filing Petitions
1-10- 5: Printing of Petition and Sheets for Signatures; Time Limits for
Perfecting Petition
1-10- 6: Verification of Petition and Signature Sheets
1-10- 7:
Examination and Certification of Signatures
1-10- 8: Sufficiency of Petition; Notification; Council Action; Election
1-10- 9:
Form of Ballot
1-10-10: Conduct of Election
1-10-11: Costs of Election
1-10-12:
Canvass of Returns
1-10-13:
Prohibited Acts
1-10-1:
CREATION OF RIGHTS:
The people of this City shall have
the right to enact ordinances through the initiative process,
and to repeal ordinances through the referendum process, according to
the procedures set forth herein. (Ord. 79-430, 7-2-79)
1-10-2:
NUMBER OF PETITIONERS REQUIRED:
To enact an
ordinance by initiative or to repeal an ordinance by
referendum, there shall be attached or appended to the petition the
signatures of the legal voters of the City equal to at least twenty percent
(20%) of the total number of voters registered to vote at the last general
election in the City. (Ord. 79-430, 7-2-79)
1-10-3:
FORM OF PETITION:
The initiative petition shall be in
substantially the following form:
City of Salmon
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Initiative Petition to the Mayor and Council
of the City of Salmon, Idaho
We, the undersigned citizens and qualified electors of the City of Salmon,
respectfully demand that the following proposed ordinance, to-wit: An
ordinance establishing the right and procedure for a City initiative and
City referendum, including the number of petitioners, form of petition,
time for filing petitions, printing of petitions, verifications, examination of
petitions, City Council action, election, form of election ballot, conduct of
election, cost of election, canvass of returns, prohibited
acts
and
penalties, and providing for this Ordinance to take effect; shall be
submitted to the qualified electors of the City of Salmon, for their approval or
rejection at an election to be called in accordance with Idaho Code, section
50-501 (3), and each for himself or herself says: I have personally
signed this petition; I am a qualified elector of the City of Salmon; my
residence and city or post office are correctly written after my name.
Residence City or
Signature Printed Name Street and Number
Post
Office
(Ord. 79-430, 7-2-79; 2007 Code)
1-10-4:
TIME FOR FILING PETITIONS:
Referendum petitions with
the requisite number of signatures shall be filed with the City
Clerk/Administrator not less than sixty (60) days following the final
adoption of the ordinance to be subject to referendum. (Ord. 79-430, 7-2-
79)
1-10-5:
PRINTING OF PETITION AND SHEETS FOR SIGNATURES;
TIME LIMITS FOR PERFECTING PETITION:
A. Review by Clerk/Administrator; Printing: Before or at the time of
beginning to circulate any petition for initiative or referendum, the
person or persons, organization or organizations under whose
authority the petition is to be circulated, shall send or deliver to the
City Clerk/Administrator a copy of such petition duly signed by at
least twenty (20) electors eligible to sign such petition. The
Clerk/Administrator shall immediately examine the petition and
specify the form and kind and size of paper on which the petition shall
be printed and circulated for further signatures. All petitions and
sheets for signatures shall be printed on a good quality bond or
ledger paper, in the form and manner as approved by the Secretary
of State of the State of Idaho.
City of Salmon
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B. Approval of Clerk/Administrator; Time Limit for Perfection: The
Clerk/Administrator shall indicate in writing on the petition that he
or she has approved it as to form. The Clerk/Administrator shall
inform the person or organization under whose authority the petition
is to be circulated, in writing, that the petition must be perfected
with the required number of certified signatures within sixty (60) days
following the date of approval as to form. Any petition that has not
been perfected with the required number of certified signatures
within the sixty (60) days allowed shall be declared null and void
ab initio in its entirety. (Ord. 79-430, 7-2-79; 2007 Code)
1-10-6:
VERIFICATION OF PETITION AND SIGNATURE SHEETS:
Each and every sheet of every such petition containing
signatures shall be verified on the face thereof in substantially the
following form, by the person who circulated said sheet of said petition,
by his or her affidavit thereon, and as a part thereof:
State of Idaho )
:
ss.
County of Lemhi )
l,_________, being first duly sworn, say: That I am a qualified elector of
the State of Idaho: that every person who signed this sheet of the
foregoing petition signed his or her name thereto in my presence: I believe
that each has stated his or her name, post-office address and residence
correctly, that each signer is a qualified elector of the State of Idaho, and
county of Lemhi.
Signed _________
Post office address__________
Subscribed and sworn to before me this______ day of_______20_____.
Notary Public_________
Residing
at__________
(1995 Code, amd. 2007 Code)
1-10-7:
EXAMINATION AND CERTIFICATION OF SIGNATURES:
A. Examination by Clerk/Administrator: All petitions with attached
signature sheets shall be presented on the same day to the City
Clerk/Administrator, who shall make a cursory examination of them to
determine whether the petitions apparently contain the necessary number of
signatures.
City of Salmon
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1. If the total number of signatures on the petitions is not sufficient to
satisfy the number required by Section 1-10-2 of this Chapter, all
petitions with attached signature sheets shall be retained by the
Clerk/Administrator who shall notify in writing the person filing the
petition of the number of signatures needed, and further signatures
may be gathered, if within the time limit of Section 1-10-5 of this
Chapter.
2. If the cursory examination of the signature sheets reveals:
a. Erasures on any signature;
b. Illegible or indecipherable signatures;
c. Signatures not properly identified by all of the information
required on the sheet;
d. Duplicate signatures;
e. Signatures of persons who have requested in writing to
have their names removed from the petition.
The Clerk/Administrator shall summarily reject such signatures and
they shall not be counted. Each rejected signature shall be
drawn through with ink and initialed by the Clerk/Administrator. If the
total number of signatures not rejected is not sufficient to
satisfy the number required by Section 1-10-2 of this Chapter, all
petitions with attached signature sheets shall be retained by
the Clerk/Administrator who shall notify in writing the person filing
the petition of the number of signatures needed, and further
signatures may be gathered, if within the time limit of Section
1-10-5 of this Chapter.
B. Filing; Certification by Clerk/Administrator: All petitions presented
to the Clerk/Administrator found to apparently contain the necessary
number of signatures, after the cursory examination provided
for above, shall be filed with the Clerk/Administrator and become
public records of the City not to be returned. The
Clerk/Administrator shall examine each such signature
purported to be that of a registered elector of the City, and
compare each such signature with the registration documents
available to the Clerk/Administrator. The Clerk/Administrator shall
summarily reject all signatures which are not the signatures of a
registered elector of the City; and such rejected signatures
City of Salmon
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shall not be counted. Each rejected signature shall be drawn
through with ink and initialed by the Clerk/Administrator.
The Clerk/Administrator may take not to exceed ten (10) days after
filing of the petition to complete such examination. The
Clerk/Administrator shall certify each signature found to comply with
all of the requirements of this Chapter by an appropriate mark
following each signature.
C. Number of Signatures: The Clerk/Administrator shall total the
number of certified signatures, and if found to total the number of
signatures required by Section 1-10-2 of this Chapter, shall proceed
as provided in Section 1-10-8 herein. (Ord. 79-430, 7-2-79)
1-10-8:
SUFFICIENCY OF PETITION; NOTIFICATION;
COUNCIL ACTION; ELECTION:
A. Insufficient Signatures: In the event that a petition filed with the City
Clerk/Administrator does not contain the required number of certified
signatures, the Clerk/Administrator shall inform the person or
organization under whose authority the petition was circulated that
the petition is defective for lack of certified signatures, and specify
the number of additional signatures required to make the petition
valid. If the Clerk/Administrator's determination that the filed petition
is defective occurs after the time limitation of Section 1-10-5 has
expired, then an additional period of thirty (30) days after notice of
correction will be granted to perfect the defective petition. If the
petition is not perfected within the additional thirty (30) day period
after notice of correction, the Clerk/Administrator shall declare the
petition null and void ab initio in its entirety.
B. Sufficient Signatures: In the event that a petition filed with a
Clerk/Administrator is found by the Clerk/Administrator to
contain the required number of certified signatures, the
Clerk/Administrator shall promptly, by certified mail, inform the
petitioners, and shall also notify the City Council at its next meeting,
that the initiative or referendum petition is in proper form.
1. If the petition is for a referendum, the City Council shall
have thirty (30) days from the date of certification of the petition to
repeal the ordinance being referred to the voters. In the event the
Council repeals the ordinance, the referendum petition shall be
declared null and void.
City of Salmon
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2. If the petition is an initiative petition, the City Council shall have
thirty (30) days to pass an ordinance substantially as proposed by
the petition. In the event the Council passes such an ordinance,
the initiative petition shall be null and void.
3. In the event the City Council neither repeals the ordinance which is
the subject of a referendum petition nor enacts an ordinance which is
the subject of an initiative petition, an election shall be ordered by
the Clerk/Administrator to be conducted Citywide. A special election
for initiative or referendum shall be provided not more than ninety
(90) days following the certification of the petition; provided, that in
the event a Municipal election will occur within the ninety (90) days,
the initiative or referendum shall be submitted at the time of the
Municipal election. (Ord. 79-430, 7-2-79)
1-10-9:
FORM OF BALLOT:
The City Council shall prepare a ballot
for an initiative or referendum election in one of the following
ways:
A. Two Hundred Words or Less: If the full text of the ordinance or
proposed ordinance to be voted upon does not exceed two hundred
(200) words in length, it may be set out in full on the election ballot; or
B. Two Hundred Words or More: If the full text of the ordinance or
proposed ordinance to be voted upon exceeds two hundred (200)
words in length, and the Council votes not to have it printed at length
on the election ballot, it shall, with the assistance of the City
Attorney, prepare a short title and description of the ordinance or
proposed ordinance which shall clearly and impartially state its
purpose and effect, which short title and description shall be printed
on the election ballot. (Ord. 79-430, 7-2-79)
1-10-10:
CONDUCT OF ELECTION:
Initiative or referendum
elections, whether special or general, shall be conducted and
the results thereof canvassed and certified in all respects as near as
practicable, in like manner as general elections, except as otherwise
provided. (Ord. 79-430, 7-2-79)
1-10-11:
COSTS OF ELECTION:
The costs of any election held
pursuant to the provisions of this Chapter shall be the sole
responsibility of the City. (Ord. 79-430, 7-2-79)
City of Salmon
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1-10-12:
CANVASS OF RETURNS:
The Mayor and Council
shall meet within five (5) days after said election to canvass
the votes cast at such election, and the Clerk/Administrator shall
immediately announce the results. Any initiative measure approved by a
majority of the votes cast shall be in full force and effect from the date of
such announcement. Any ordinance which is the subject of a
referendum receiving less than a majority of the votes cast shall be
repealed, effective on the date of such announcement. (Ord. 79-430, 7-2-79)
1-10-13:
PROHIBITED ACTS:
A person is guilty of a misdemeanor
who:
A. Signs any name other than his or her own to any initiative or
referendum petition;
B. Knowingly signs his or her name more than once on the same
initiative or referendum petition;
C. Knowingly signs his or her name to any initiative or referendum
petition if he or she is not a registered City elector;
D. Wilfully or knowingly circulates, publishes or exhibits any false
statement or representation concerning the contents, purport or
effect of any initiative or referendum petition for the purpose of
obtaining any signature to any such petition, or for the purpose of
persuading any person to sign any such petition;
E. Presents to any officer for filing any initiative or referendum
petition to which is attached, appended or subscribed any
signature which the person so filing such petition knows to be
false or fraudulent, or not the genuine signature of the person
purporting to sign such petition, or whose name is attached,
appended or subscribed thereto;
F. Circulates or causes to circulate any initiative or referendum
petition, knowing the same to contain false, forged or fictitious names;
G. Makes any false affidavit concerning any initiative or referendum
petition or the signatures appended thereto;
H. Offers, proposes or threatens for any pecuniary reward or
consideration:
City of Salmon
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1. To offer, propose, threaten or attempt to sell, hinder or delay any
initiative or referendum petition or any part thereof or any signatures
thereon;
2. To offer, propose or threaten to desist from beginning, promoting
or circulating any initiative or referendum petition;
3. To offer, propose, attempt or threaten in any manner or form to
use any recall petition or any power of promotion or opposition in
any manner or form for extortion, blackmail or secret or private
intimidation of any person or business interest. (Ord. 79-430, 7-2-79)