(A) Prior to the end of the fifth business day after a prospective initiative petition is filed and meets all legal requirements, the Recorder will review the text of the proposed initiative to determine if it complies with the single subject requirement and if it proposes city legislation.
(B) If the proposed text does not meet the requirements of division (A) above, the Recorder will notify a chief petitioner by certified mail, return receipt requested, that the prospective petition does not meet the single subject or city legislation requirement.
(C) Any city elector dissatisfied with the Recorder’s determination may file a petition for review in Circuit Court. The petition for review must be filed not later than the seventh business day after the written determination by the Recorder.
(D) If the proposed initiative meets the requirements of division (A) above or a referendum petition is certified for circulation, the Recorder will send two copies of the prospective petition to the City Attorney. The City Attorney has five business days after receipt to prepare a ballot title for the proposed measure for the voter’s pamphlet. The ballot title must conform to the requirements of state law. The City Attorney or the City Administrator will prepare an explanatory statement for the voter’s pamphlet.
(1) The explanatory statement must consist of an impartial, simple and understandable statement of not more than 500 words explaining the measure and its effect.
(2) After preparing the ballot title, the City Attorney will return one copy of the prospective petition and ballot title to the Recorder and one copy to one of the chief petitioners.
(E) After receiving a ballot title from the City Attorney, the Recorder must publish in a newspaper of general circulation in the city a notice of receipt of the ballot title. The notice must state that a city elector may file a petition for review of the ballot title not later than the date referred to in division (F) below.
(F) After receiving the prospective petition, ballot title from the City Attorney, the Recorder must write the date of receipt on it. Within seven business days after that date, any city elector may petition in Circuit Court to challenge the ballot title prepared by the City Attorney. After the seven-day period, or following the final adjudication of any legal review, the Recorder must certify the ballot title as prepared by the City Attorney or as prescribed by the court to a chief petitioner.
(G) Any city elector filing a petition of review with the Circuit Court must file a copy of the challenge with the Recorder not later than the end of the business day next following the date the petition is filed with the Circuit Court. This requirement does not invalidate a petition that is timely filed with the Circuit Court.
(H) The procedures in divisions (A) through (G) above also apply to referendum measures. However, the completion of these procedures is not a prerequisite to the circulation of petitions for referendum measures under this section. Ballot titles need not be stated on petitions circulated to propose referendum measures.
(Prior Code, § 1.30.150) (Ord. 358, passed 2-20-2007; Ord. 372, passed 8-4-2008; Ord. 389, passed 4-19-2010)