Article VIII – INITIATIVE AND REFERENDUM
Article VIII – INITIATIVE AND REFERENDUM
Section - 8.01 General Authority.
(a) Initiative. The qualified voters of the City shall have power to propose ordinance 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 the budget or capital program or any ordinance relating to appropriation of money, levy
of taxes or salaries of City officers or employees.
(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 or any emergency ordinance relating to appropriation
of money or levy of taxes.
Section - 8.02 Petitioner's Committee; Affidavit.
Any ten qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioner's committee and be responsible for filing the petition in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the city clerk shall issue the appropriate petition balance and place them in the city clerk's office available for signature.
Section - 8.03 Petitions.
(a) Number of Signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least twenty per cent of the total number of qualified voters registered to vote at the last regular City election.
(b) Location of Petitions. The petition shall be placed in the city clerk's office under the city clerk's supervision. Any qualified voter of the City of Eastport who wishes to sign the petition must do so in the city clerk's presence during regular business hours.
(c) Time for Filing Referendum Petitions. Completed referendum petitions must be filed within thirty business days after adoption by the council of the ordinance sought to be reconsidered.
Section - 8.04 Procedure After Filing.
(a) Certificate of Clerk; Amendment. Within ten business days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the city clerk within two days after receiving the copy of
(b) Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention 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 such request and approve or disapprove it, and the councils determination as to the sufficiency of the petition.
(c) Court Review; New Petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency of a petition, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.
Section - 8.05 Referendum Petitions; Suspension of Effort of ordinance.
When a referendum petition which has been certified as sufficient is filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
(1) The petitioners' committee withdraws the petition or,
(2) The council repeals the ordinance, or
(3) Thirty days have elapsed after a vote of the City on the ordinance.
Section - 8.06 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 II or reconsider the referred initiative 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 was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City.
(b) Submission of Voters. The vote of the City on a proposed or referred ordinance shall be held not less than thirty days and not later than one year from the date of the final council vote thereon. If no regular City election is to be held within the period prescribed in this subsection, the council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.
(c) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the City by filing with the city clerk a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.
Section - 8.07 Results of Election.
(a) Initiative. If a majority of the qualified electorate voting on a proposed initiative ordinance
vote in its favor, it shall be considered adopted upon certification of the election results and shall be
treated in all respects in the same manner as ordinances of the same kind adopted by the council. If
conflicting ordinances are approved at the same election, the one receiving the greatest number of
affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. If a majority of the qualified elector ' s voting on a referred ordinance vote
against it, it shall be considered repealed upon certificate of the election results.
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