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Any five (5) electors may commence initiative or referendum proceedings by filing with the Clerk of Council an affidavit stating they will constitute the petitioners’ committee and be 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 resolution or citing the ordinance or resolution sought to be reconsidered.
Within five (5) days after the affidavit of the petitioners’ committee is filed, the Clerk shall specify to the petitioners’ committee the appropriate petition forms that are to be used.
(a) Number of Signatures. Initiative and referendum petitions must be given by qualified electors of the Municipality equal in number to at least ten (10) percent of the total number of qualified electors voting for the office of Governor at the last general election at which a Governor was elected.
(b) Form and Content. All papers of a petition shall be uniform in size and style, and each petition shall be assembled as one (1) instrument for filing. Each signature shall be executed in ink or indelible pencil, and shall be followed by the address of the person signing, his ward and precinct, and the date of signing. Petitions shall contain, or have attached thereto throughout their circulation, the full text of the ordinance or resolution proposed or sought to be reconsidered.
(c) Affidavit of Circulation. Each 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 or resolution proposed or sought to be reconsidered.
(d) Time for Filing Referendum Petitions. Referendum petitions shall be filed with the Clerk of Council within thirty (30) days after the effective date of the ordinance or resolution sought to be reconsidered.
(a) Certificate of Clerk; Amendment. Within twenty (20) days after the petition is filed, the Clerk of Council 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 petitioners’ committee files a notice of intention to amend it with the Clerk of Council within two (2) days after receiving the copy of his certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of Section 11.03 above, and within five (5) days after it is filed with the Clerk of Council, he shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners’ committee by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners’ committee does not elect to amend or request Council review under subsection (b) of this section within the time required, the Clerk of Council shall promptly present his certificate to the Council, and the certificate shall then be a final determination as to the sufficiency of the petition.
(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 (2) days after receiving the copy of such certificate, file a request with the Clerk of Council 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 Council’s determination shall then be a final determination as to the sufficiency of the petition.
When a referendum petition is filed with the Clerk of Council, the ordinance or resolution 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
(2) The petitioners’ committee withdraws the petition; or
(3) The Council repeals the ordinance; or
(4) Five (5) days have elapsed after the Board of Elections certifies the official vote on the question.
(a) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall consider the proposed initiative ordinance or resolution in the manner provided in Article VI of this Charter or may reconsider the referred ordinance or resolution by voting its repeal. If the Council fails to adopt a proposed initiative ordinance or resolution without any change in substance within sixty (60) days, or fails to repeal the referred ordinance or resolution within thirty (30) days after the date the petition was finally determined sufficient, the Council shall submit the proposed or referred ordinance to the electors of the Municipality.
(b) Submission to Electors. The vote of the electors on a proposed or referred ordinance or resolution shall be held not less than sixty (60) days and not later than one (1) year from the date of the final Council vote thereon. If no regular Municipal 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 Municipal election, except that the Council may in its discretion provide for a special election at an earlier date within the prescribed period, which special election may be held on the same day and at the same time as a State, general or primary election, or a Municipal primary election.
(c) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the sixtieth (60th) day preceding the day scheduled for the election by filing with the Clerk of Council a request for withdrawal signed by at least four (4) members of the petitioners’ committee. Upon the filing of such request, the petition shall have no further force or effect, all proceedings thereon shall be terminated, and the Clerk of Council shall certify such withdrawal of the petition and the termination of the proceedings under such petition to the appropriate Board of Elections.
(a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance or resolution 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 and resolutions of the same kind adopted by the Council; however, no publication of such ordinance or resolution shall be required. If conflicting ordinances or resolutions 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 electors voting on a referred ordinance or resolution vote against it, it shall not take effect. If a majority of the qualified electors voting on a referred ordinance or resolution vote for it, it shall become effective five (5) days after the Board of Elections certifies the official vote on the question, and no publication of such ordinance or resolution shall be required.
Elections on ordinances or resolutions referred to the electors under the initiative and referendum procedures set forth in this Charter shall be conducted by the appropriate Board of Elections under the provisions of this Charter as far as they are applicable. Where the Charter is silent concerning the conduct of the election, the provisions of the Ohio election laws shall be followed.
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