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§ 5-1 TITLE 1 — GENERAL § 5-5 Chapter 5 ELECTIONS Sec. 5-1: Creation of Right Sec. 5-2: Number of Petitioners Required Sec. 5-3: Form of Petition Sec. 5-4: Time for Filing Petitions Sec. 5-5: Printing of Petition and Sheets for Signatures Sec. 5-6: Verification on Sheets for Signatures Sec. 5-7: Examination and Certification of Signatures Sec. 5-8: Sufficiency of Petition, Notification, Effect of Council Action, Election Sec. 5-9: Form of Ballot Sec. 5-10: Conduct Of Election Sec. 5-11: Prohibited Acts, Penalties Sec. 5-12: Election Precincts, Designated Sec. 5-1. Creation of Right. The people of the City shall have the right to enact ordinances through the initiative process, and to repeal ordinances through the referendum process, according to the procedures set forth herein. Sec. 5-2. Number of Petitioners Required. To enact an ordinance by initiative or to repeal an ordinance by referendum, there shall be attached or appended to the petition the signatures of the legal voters of the City equal to at least twenty percent (20%) of the total number of voters who cast votes at the last general election in the City. (Ord. 2008-20, 09/02/2008) Sec. 5-3. Form of Petition. The initiative petition shall be in substantially the following form: Initiative Petition to the Mayor and Council of the City of Moscow, Idaho. "We, the undersigned citizens and qualified electors of the City of Moscow, respectfully demand that the following proposed ordinance, to wit: (setting out full text of measure proposed) shall be submitted to the qualified electors of the City of Moscow, for their approval or rejection at an election to be called in accordance with Idaho Code Section, and each for himself says: I have personally signed this petition; I am a qualified elector of the City of Moscow; my residence and post office are correctly written after my name." Signature, Printed Name, Residence Street and Number, City of Post Office (Here follow twenty [20] numbered lines for signatures) The petition for referendum on any ordinance passed by the Council shall be in substantially the same form as an initiative petition with appropriate title and changes, setting out in full the text of the ordinance to be referred to the people for their approval or rejection. (Ord. 2011-04, 06/06/2011) Sec. 5-4. Time for Filing Petitions. Initiative and referendum petitions with the requisite number of signatures attached shall be filed with the Clerk not less than sixty (60) days following the final adoption of the act of Council which is to be subject to referendum. The Clerk shall deliver such petitions to the Latah County Clerk within five business days of the Clerk’s receipt of such petition(s) for verification by the Latah County clerk pursuant to Idaho Code. (Ord. 2011-04, 06/06/2011) Sec. 5-5. Printing of Petition and Sheets for Signatures. Time limits for perfection petition: A. Before or at the time of initiating the circulation of any petition for initiative or referendum, the person or persons, organization(s) under whose authority the petition is to be circulated, shall send or deliver to the Clerk a copy of such petition duly signed by at least ---PAGE BREAK--- § 5-5 TITLE 1 — GENERAL § 5-7 twenty (20) electors who were registered to vote at the last general City election held in the City and eligible to sign such petition. The Clerk shall deliver such petition(s) to the Latah County Clerk within five business days of the Clerk’s receipt of such petition for verification by the Latah County Clerk pursuant to Idaho Code. Following return to the Clerk of the Petition(s) and verification of signatures by the Latah County Clerk, the Clerk shall immediately examine the petition and specify the form and kind and size of paper on which the petition shall be printed and circulated for further signatures. All petitions and sheets for signatures shall be printed on a good quality bond or ledger paper. B. The Clerk shall indicate in writing on the petition that it has been approved it as to form. The Clerk shall also inform the person or persons, organization or organizations under whose authority the petition is to be circulated, in writing, that the petition must be perfected with the required number of certified signatures within seventy-five (75) days following the date of approval as to form. Any petition that has not been perfected with the required number of certified signatures within the seventy-five (75) days allowed shall be declared null and void ab initio in its entirety. C. A full and correct copy of the initiative petition or referendum petition shall be attached to each sheet for signatures. (Ord. 2008-20, 09/02/2008; 2011-04, 06/06/2011) Sec. 5-6. Verification on Sheets for Signatures. Each and every signature sheet of each petition containing signatures shall be verified on the face thereof in substantially the following form by the person who circulated said sheet of the petition, by his or her affidavit thereon, as a part thereof: State of Idaho ) ) ss. County of Latah ) I, swear or affirm, under penalty of perjury, that I am a resident of the State of Idaho and at least eighteen (18) years of age, and that every person who signed this sheet of the foregoing petition signed his or her name thereto in my presence. I believe that each has stated his or her name and the accompanying required information on the signature sheet correctly, and that the person was eligible to sign this petition. Signature: Post Office Address: Subscribed and sworn to before me this day of , (Notary Seal) Notary Public Residing at: (Ord. 2008-20, 09/02/2008; 2011-04 06/06/2011) Sec. 5-7. Examination and Certification of Signatures. A. All petitions with their attached signature sheets shall be presented on the same day to the Clerk, who shall make a cursory examination of them to determine whether the petitions apparently contain the necessary number of signatures. 1. If the Clerk determines, by a cursory review, that the total number of signatures on the petitions is not sufficient to satisfy the number required by Idaho Code , all petitions with attached signature sheets shall be ---PAGE BREAK--- § 5-7 TITLE 1 — GENERAL § 5-9 retained by the Clerk who shall notify in writing the person filing the petition of the number of signatures needed, and further signatures may be gathered, if within the time limit set by Idaho Code. 2. If the cursory examination of the signature sheets by the Clerk reveals: a. Erasures on any signature; b. Illegible or indecipherable signatures; c. Signatures not properly identified by all of the information required on the sheet; d. Duplicate signatures; or e. Signatures of persons who have requested in writing to have their names removed from the petition; the Clerk shall summarily reject such signatures and they shall not be counted. Each rejected signature shall be drawn through with ink and initialed by the Clerk. If the total number of signatures not rejected does not appear to be sufficient to satisfy the number required by Idaho Code , all petitions with attached signature sheets shall be retained by the Clerk who shall notify in writing the person filing the petition of the number of signatures needed, and further signatures may be gathered, if within the time limit of Idaho Code. B. All originals of petitions presented to the Clerk found to apparently contain the necessary number of signatures, after the cursory examination provided for above, shall be filed with the Clerk and become public records of the City. The Clerk shall deliver such petitions to the Latah County Clerk within five days of the Clerk’s receipt of such petitions; thereafter, the Latah County Clerk shall verify the signatures for compliance pursuant to the Idaho Code. (Ord. 2011-04, 06/06/2011) Sec. 5-8. Sufficiency of Petition, Notification, Effect of Council Action, Election. A. In the event that a petition filed with the Clerk does not contain the required number of certified signatures (as determined by the Latah County Clerk), the Clerk shall inform the person or organization under whose authority the petition was circulated that the petition is defective for lack of certified signatures, and specify the number of additional signatures required to make the petition valid. The petition must be perfected within thirty (30) days of the date that the Clerk finds the petition defective for lack of certified signatures. If the petition is not perfected within the thirty (30) day period, the Clerk shall declare the petition null and void ab initio in its entirety. B. In the event that a petition filed with the Clerk is found to contain the required number of certified signatures, the Clerk shall by certified mail, inform the petitioner(s), and shall also notify the Council at its next meeting, that the initiative or referendum petition is in proper form. 1. If the petition is for a referendum, the Council shall have thirty (30) days from the date of certification of the petition to repeal the ordinance being referred to the voters. In the event the Council repeals the ordinance, the referendum petition shall be declared null and void. 2. If the petition is an initiative petition, the Council shall have thirty (30) days to pass an ordinance substantially as proposed by the initiative petition. In the event the Council passes such an ordinance, the initiative petition shall be null and void. 3. In the event the Council neither repeals the ordinance which is the subject of referendum petition, nor enacts an ordinance which is the subject of an initiative petition, an election shall be ordered pursuant to Idaho Code. (Ord. 2011-04, 06/06/2011) Sec. 5-9. Form of Ballot. The Council shall prepare a ballot for an initiative or referendum election in one of ---PAGE BREAK--- § 5-9 TITLE 1 — GENERAL § 5-12 the following ways: A. If the full text of the ordinance or proposed ordinance to be voted upon does not exceed one hundred (100) words in length, it may be set out in full on the election ballot; or B. If the full text of the ordinance or proposed ordinance to be voted upon exceeds one hundred (100) words in length, and the Council votes not to have it printed at length on the election ballot, it shall, with the assistance of the City Attorney, prepare a short title and description of the ordinance or proposed ordinance which shall clearly and impartially state its purpose and effect, which short title and description shall be printed on the election ballot. Sec. 5-10. Conduct of Election. Initiative or referendum elections, whether special or general, shall be conducted and the results thereof canvassed and certified in all respects as near as practicable, in like manner as general elections, except as otherwise provided. The timing of special elections for initiative or referendum shall be as indicated in Idaho Code. (Ord. 2008-20, 09/02/2008) Sec. 5-11. Prohibited Acts, Penalties. A person is guilty of a misdemeanor, relative to an initiative or referendum governed by this Chapter, who: A. Signs any name other than his own to any initiative or referendum petition; B. Knowingly signs his name more than once on the same initiative or referendum petition; C. Knowingly signs his name to any initiative or referendum petition if he is not a registered City elector; D. Willfully or knowingly circulates, publishes or exhibits any false statement or representation concerning the content, purport or effect of any initiative or referendum petition for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such petition; E. Presents to any officer for filing any initiative or referendum petition to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent, or not the genuine signature of the person purporting to sign such petition, or whose name is attached, appended or subscribed thereto. F. Circulates or causes to circulate any initiative or referendum petition, knowing the same to contain false, forged or fictitious names; G. Makes any false affidavit concerning any initiative or referendum petition or the signatures appended thereto; H. Offers, proposes, attempts or threatens in any manner or form for any pecuniary reward or consideration: 1. To sell, hinder or delay any initiative or referendum petition or any part thereof or any signatures thereon; 2. To desist from beginning, promoting or circulating any initiative or referendum petition; 3. To use any recall petition or any power or promotion or opposition in any manner or form for extortion, blackmail or secret or private intimidation of any person or business interest. (Ord. 2011-04, 06/06/2011) Sec. 5-12. Election Precincts, Designated. The City of Moscow is hereby divided into precincts as set forth on the "Official Precinct Map of the City of Moscow" on file in the office of the Latah County Clerk. Said precincts shall, as nearly as possible and practicable, conform to the like designated County election precincts within the City (including absentee voting precincts) and shall be amended when Latah County election precincts within the City are amended. (Ord. 2011-04, 06/06/2011)