ARTICLE IX—INITIATIVE, REFERENDUM, AND RECALL

ARTICLE IX—INITIATIVE, REFERENDUM, AND RECALL

Section 9.1. General Authority.

(a) Initiative. The qualified voters of the city shall have power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to any ordinance relating to appropriation of money, levy of taxes, or zoning. No proposed initiative ordinance shall contain more than one subject which shall be clearly expressed in its title.

(b) Referendum. The qualified voters of the city shall have power to require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, any emergency ordinance designed as such by the council at the time of adoption, any ordinance levying a special assessment or providing for the issuance of special tax bills, or any ordinance relating to zoning, appropriation of money, or levy of taxes.

Section 9.2. Commencement of Proceedings; Petitioners' Committee; Affidavit.

Any five qualified voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners' committee, are responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Persons other than committee members may circulate the petition.

Section 9.3. Filling and Approval of Petitions.

Prior to circulation, petitions must be submitted for approval as to form by both the clerk and city counselor. They shall approve or disapprove any petition within ten days following its submission. If approved the clerk is responsible for preparing ballot language which must be in question form and approved by the counselor. If disapproved the clerk and counselor shall provide an itemized list of needed corrections at the time of issuance of the disapproval.

Section 9.4. Petitions.

(a) Number of Signatures. Initiative petitions shall be signed by qualified voters of the city equal in number to at least twenty percent of the total number of votes cast for mayor in the last municipal general election at which a mayor was elected or by not less than four hundred qualified voters of the city, whichever is the larger number. Referendum petitions shall be signed by qualified voters of the city equal in number to at least twenty-five percent of the total number of votes cast for mayor in the last municipal general election at which a mayor was elected or by not less than five hundred qualified voters of the city, whichever is the larger number.

(b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.

(c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.

(d) Time for Filing Referendum Petitions. Referendum petitions must be filed with the city clerk prior to an expiration of forty-five days after adoption by the council of the ordinance sought to be reconsidered.

Section 9.5. Procedure after Filing.

(a) Certificate of Clerk; Amendment. Within twenty days after the petition is filed, the clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective. The clerk shall promptly send a copy of the certificate to the petitioners' committee by registered mail. If petitioners do not file an amended petition as herein authorized and do not request council review under subsection (b) of this section within the time allowed, the clerk shall promptly present his certificate to the council. Such certificate shall be a final determination as to the sufficiency of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the
petitioners' committee files a notice of intent to amend with the clerk within two days after receiving the copy of the clerk's certificate. Such amended petition shall comply with the requirements of subsections (b) and (c) of section 9.4 and shall be filed within ten days after the committee receives the copy of the clerk's certificate. Within five days after the amended petition is filed the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy thereof to the petitioners' committee by registered mail. If petitioners' committee does not request council review under subsection (b) of this section
within the time allowed, the clerk shall promptly present his certificate to the council. Such certificate shall be a final determination as to the sufficiency of the petition as amended.

(b) Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intent to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition.

(c) Court Review; New Petition. A final determination as to the sufficiency of the petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

Section 9.6. Referendum Petitions; Suspension of Effect of Ordinance.

When a referendum petition sufficient on its face is timely filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:

1. There is a final determination of insufficiency of the petition, or The petitioners' committee withdraws the petition, or The council repeals the ordinance, or

2. The results of the election on the referred ordinance is certified by the election authority.

Section 9.7. Action on Petitions.

(a) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article 111 or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition is finally determined sufficient, it shall submit the proposed or referred ordinance to the qualified
voters of the city.

(b) Submission to Voters. The election on a proposed or referred ordinance shall be held not less than thirty days and not later than one year after the expiration of the time limited by subsection (a) of this section for the adoption or repeal of ordinance, as the case may be.

(c) An initiative or referendum petition may be withdrawn by filing with the city clerk at any time prior to the thirtieth day next preceding the day scheduled for the election on the proposed or referred ordinance a written request that the petition be withdrawn signed by at least four members of the original committee. Upon the filing of the request, the petition shall have no further force or effect, and all proceedings thereon shall be terminated. The signatures on the request to withdraw shall be notarized.

Section 9.8. Results of Election.

(a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall become effective on certification of the election results and shall be treated in all other respects in the same manner as ordinances adopted by the council and approved by the mayor. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of the conflict.

(b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.

Section 9.9. Resubmission of Initiative Petitions.

Initiative petitions proposing the adoption of an ordinance having the same general subject and purpose of a measure once defeated by the voters under the provisions of this article, shall not again be filed until after the expiration of one year from the date of the election at which the measure was defeated.