Step One - Filing Prospective Petition
The first step in referring an Ordinance to a vote of the people is to file a prospective petition with the City Elections Officer, located in the Office of the City Auditor. A prospective petition shall consist of:
- SEL 370, prospective petition designating chief petitioners
- SEL 301, statement whether circulators will be compensated
- Cover sheet, including title and text of legislation to be referred.
- Signature Sheets (SEL 371 if not paying circulators, SEL 373 if paying)
Please Note: City Code Section 2.04.040 requires that chief petitioners be registered voters in the City of Portland.
In drafting the prospective referendum petition, petitioners should use the title of the measure as enacted by City Council and include the complete text of the ordinance that is being referred to the voters as well as the Ordinance number and date of enactment. The complete cover sheet, including instructions to circulators and signers, chief petitioners' names and residence addresses, the title of the ordinance enacted by Council and the complete text of the ordinance must be attached to every signature sheet circulated.
Step Two - Preparation & Approval of Petition Cover and Signature Sheets
Because of the short time period for collecting signatures, petitioner may begin circulating referendum petitions as soon as the City Elections Officer certifies the prospective petition rather than waiting for the City Attorney to prepare the ballot title. Petitioners cannot collect signatures until the City Elections Officer certifies approval.
All local chief petitioners are required to file a Statement of Organization for Chief Petitioners (SEL 222) with the Secretary of State, Elections Division, before signature sheets can be approved by the local elections official. In addition, all local chief petitioners must disclose all contribution and expenditure transactions electronically with the Secretary of State, Elections Division.
Step Three - Preparation of Ballot Title
The City Elections Officer forwards two copies of the prospective petition to the City Attorney for preparation of the ballot title. The City Attorney has five business days to prepare a ballot title and return it to the City Elections Officer. The City Attorney's ballot title will appear on the election ballot. The ballot title shall contain the following elements:
A caption, not to exceed 10 words, that reasonably identifies the subject of the referendum;
A question, not to exceed 20 words, that plainly phrases the chief purpose of the referendum so that an affirmative response corresponds to a yes vote on the ballot; and
A summary, not to exceed 175 words, that shall be concise and impartial and summarize the measure and it's major effect.
Step Four - Publication of Notice of Receipt of Ballot Title
Upon receipt of the ballot title from the City Attorney, the Auditor notifies the petitioner it is ready and publishes a notice of receipt of the ballot title in the next available edition of the Oregonian. The notice tells registered voters they may file a petition for review of the ballot title or the single subject determination in Circuit Court no later than the 7th business day after the City Elections Officer received the ballot title from the City Attorney.
Step Five - Circulation
Once the petitioner receives written approval of the cover and signature sheets from the City Elections Officer, petitioners may circulate petitions for signatures. A petition cannot be accepted unless it contains 100% of the required number of signatures.
If the chief petitioners intend to mail cover and signature sheets to prospective signers the text must be included with each mailing.
Before collecting signatures, chief petitioners must review with circulators the legal prohibitions and guidelines for circulating a referendum.
After reviewing the legal requirements and guidelines for circulating a referendum, the chief petitioners and circulators may circulate the petition.
Each signature collected must be personally witnessed by the circulator. The circulator shall sign and date the certification at the bottom of the petition sheet after all the signatures on the sheet have been collected.
The circulator shall complete the date when the certification is signed and shall not collect any other signatures on that sheet.
Circulators shall not attempt to obtain signatures of persons knowing that the person signing the petition is not qualified to sign it.
Circulators shall not offer money or any thing of value to another person to sign or not to sign a petition, nor shall they sell or offer to sell signature sheets.
Circulators shall not accept compensation to circulate a petition that is based on the number of signatures obtained.
Step Six - Signature Submission
Petitioners must submit their petitions with the required number of signatures within 30 days of Council Action. Failure to meet this deadline will render the petition void. Signatures must be submitted at least 4 months prior to the next regular election to appear on that ballot. If Council passes an ordinance close to the time of an election and petitioners file signatures within 30 days of passage, the Auditor may waive the 4 month deadline if the signatures can be counted and verified, considered by Council, and submitted to the County in time to meet the County's certification deadline.
Only the chief petitioners may submit signature sheets for verification. Signature sheets will not be accepted from circulators, agents, circulator companies, or any other entity.
Before submitting the signature sheets for verification, the chief petitioners must:
- Sort signature sheets into separate stacks by county; and
- Number each stack of sorted signature sheets beginning with the number 1 for each county and continue numbering sequentially until all sheets for that county have been numbered.
The chief petitioners submit sorted and numbered signature sheets for verification with the City Elections Officer. The referendum must contain at least 100 percent of the required number of original signatures.
When submitting signature sheets, the chief petitioners must include a letter stating how many signatures they purport to have.
Chief petitioners must also submit an SEL 301, marked completed, and signed by all current chief petitioners, at the time signatures are submitted for verification. This form indicates whether circulators were paid for the petition. If circulators were paid, this form states that no circulators were compensated for obtaining signatures on the attached petition.
The chief petitioners must file a detailed contribution and expenditure report no later than 5:00 p.m. on the 15th day after submitting the initiative for final signature verification. The accounting period for this report begins on the date the prospective petition was filed and ends on the day the initiative was submitted for final signature verification. Refer to the 2012 Campaign Finance Manual (published by the Secretary of State) for detailed instructions.
Step Seven - Signature Verification
After receiving the signature sheets form the chief petitioners, the City Elections Officer begins verifying the signatures to determine if the initiative contains enough valid signatures to qualify for the ballot. Until the next City Primary Election in May 2014, City referendum petitions require 19,858 valid signatures to be placed on the ballot.
City Code Section 2.04.090 requires the City Elections Officer to complete the verification process within 30 days after receipt of the petition and to advise the chief petitioner whether the petition qualifies to be submitted to the voters.
Step Eight - Opportunity for Competing Measure
In accordance with City Code Section 2.04.100, the City Elections Officer files qualified referendum petitions with the City Council for discussion, adoption or rejection. Council has 30 days to consider the petition. If Council repeals the ordinance being referred, the petition will be void not appear on the ballot. If Council does not repeal the ordinance, it will be referred to the voters.
Step Nine - Placement on Ballot
If Council does not repeal the legislation, the City Elections Officer certifies the measure to the County Elections Official for placement on the intended election ballot. The County Elections Official assigns a measure number. If the measure is approved by voters, the original ordinance is repealed.
Citizen referendum petitions may be placed only on regularly scheduled elections - unless the Council finds that the public interest would be harmed by waiting. The Council may call for a special election at the next available date or call for a special election when other meausures are on the ballot thus reducing the City's costs. Regular elections are the biennial statewide primary and general elections held in even numbered years.