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HomeMy WebLinkAbout1994-10-05 EC MEMO• • MEMORANDUM TO: Chuck Reid, Assistant City Manager FROM: Loucrishia Ellis, City Clerk DATE: October 5, 1994 SUBJECT: INITIATIVE -REQUIRED SIGNATURES Initiative signature requirements: -+ Per Charter, Article VI -percentages are based on the preceding gubernatorial vote in the City . 8,763 votes were cast in the 11/6/90 gubernatorial election 10% -required for special election = 876 5% -required to be placed on ballot for regular election = 438 These figures will be revised after the 11 /8/94 election, and projecting even a ballpark figure would be difficult as this election will be unlike any preceding gubernatorial election . -+ If the initiative proposes an amendment to the Charter the procedure is governed by State Statute 31-2-21 O (copy attached). "A petition to submit an amendment at the next regular election must be signed by at least 5% of the registered electors of the municipality registered on the date of filing the statement of intent." Consequently, this figure will also fluctuate. 17,262 were registered to vote at the November 1993 election. • If I can be of further assistance let me know. cc: Dan Brotzman, Assistant City Attorney Frank Gryglewicz, Director of Financial Services 31-2-210 • Government -Municipal 24 rule charter shall be modified as necessary to effectuate concurrent considera- tion. (4) At the incorporation election, conducted under the provisions of section 31-2-102, the registered electors shall vote upon: (a) The question of incorporation, as set forth in section 31-2-102 (5); (b) The question of whether a charter commission should be formed, as set forth in section 31-2-205 (l); and (c) The election of charter commission members, as set forth in section 31-2-205 (2). (5) If a majority of the registered electors voting thereon vote for incorpo- ration and for formation of a charter commission, the first election of officers shall be stayed pending drafting and approval of the charter pursuant to sections 31-2-206 and 31-2-207. Upon ratification of the charter or after rejection of a charter and revised charter pursuant to section 31-2-207, the election commissioners shall proceed to the first election of officers and to completion of incorporation pursuant to part 1 of this article. ( 6) If a majority of the registered electors voting thereon vote for incorpo- ration but against the formation of a charter commission, the procedures set forth in part 1 of this article shall be followed as if the petition for incorporation had not included a request for the adoption of home rule at the time of incorporation. Source: R & RE, L. 75, p. 1016, § 1; L. 84 , p. 831 , § 2; L. 85, p. 1346, § 14. Am. Jur.2d. See 56 Am . Jur.2d , Municipal Corporations, Etc.,§ 127. C.J.S. See 62 C.J.S., Municipal Corpora- tions,§ 93. · 31-2-210. Procedure to amend or repeal charter. (1) Proceedings to amend a home rule charter may be initiated by either of the following methods: (a) Filing of a petition meeting the following requirements, in the follow- ing manner: (I) The petition process shall be commenced by filing with the clerk a statement of intent to circulate a petition, signed by at least five registered electors of the municipality. The petition shall be circulated for a period not to exceed ninety days from the date of filing of the statement of intent and shall be filed with the clerk before the close of business on the ninetieth day from said date of filing or on the next business day when said ninetieth day is a Saturday, Sunday, or legal holiday. (II) The petition shall contain the text of the proposed amendment and shall state whether the proposed amendment is sought to be submitted at the next regular election or at a special election. If the amendment is sought to be submitted at a special election, the petition shall state an approximate date for such special election, subject to the provisions of subparagraph (IV) of this paragraph (a) and subsection (4) of this section. (III) A petition to submit an amendment at the next regular election must be signed by at least five percent of the registered electors of the municipality registered on the date of filing the statement of intent and must be filed with the clerk at least sixty days prior to the date of said regular election. • 25 Formation and Reorganization • , 3,1-2-? l 0 (IV) A petition to submit an amendment at a special election must be signed by at least ten percen.t of the registered ele~tors of the municipality registered on the date of filmg the statement of mtent and must be filed with the clerk at least sixty days prior to the approximate date of the special election stated in the petition. (b) An ordinance adopted by the governing body submitting the proposed amendment to a vote of the registered electors of the municipality. (2) Proceedings to repeal a home rule charter or to form a new charter commission may be initiated by either of the following methods: (a) Filing of a petition in the manner prescribed by, and meeting the requirements of, paragraph (a) of subsection (1) of this section; except that: (I) The petition shall state the proposal to repeal the charter or to form a new charter commission; (II) The petition must be signed by at least fifteen percent of the regis- tered electors of the municipality, regardless of whether the petition seeks submission of the proposal at a regular or special election; and (III) If the proposal is for formation of a charter commission, the petition must be filed with the clerk at least ninety days prior to the date of the regular election or the approximate date stated in the petition for a special election , as the case may be. (b) An ordinance adopted by a two-thirds vote of the governing body submitting the proposed repeal or formation of a charter commission to a vote of the registered electors of the municipality. (3) The clerk shall , within fifteen working days after the filing of a peti- tion pursuant to paragraph (a) of subsection ( l) of this section or paragraph (a) of subsection (2) of this section , certify to the governing body as to the validity and sufficiency of such petition. (4) The governing body shall , within thirty days of the date of adoption of the ordinance or the date of filing of the petition (if the same is certified by the clerk to be valid and sufficient), publish notice of an election upon the amendment or proposal , which notice shall contain the full text of the amendment or statement of the proposal as contained in the ordinance or petition. The election shall be held not less than thirty nor more than one hundred twenty days after publication of such notice; except that, if the pro- posal is for formation of a charter commission, the election shall be held not less than sixty days after publication of such notice. If the amendment or proposal is initiated by petition and is sought to be submitted at a special election, the election shall be held as near as possible 1to the approximate date stated in the petition , but in any event shall be held within the time limits stated in this subsection (4). (5) The procedure for the forming and functioning of a new charter com- mission shall comply as nearly as practicable with sections 31-2-204 to 31-2-207, relating to formation and functioning of an initial charter commis- sion. (6) If a majority of the registered electors voting thereon vote for a pro- posed amendment, the amendment shall be deemed approved. If a majority of the registered electors voting thereon vote for repeal of the charter, the charter shall be deemed repealed and the municipality shall proceed to organ- ize and operate pursuant to the statutes applicable to a municipality of its size. Source: R & RE, L. 75, p. 1017, § l; L. 79, p. 1170, §2; L. 85, p. 1346, § 15.