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I CHAPTER 5 (Draft Replacement Option 011112003101912003) 2 3 INITIATIVE, REFERENDUM AND RECALL 4 . 41103Section 5.01. General Voter Authority. The people of Mounds View have the right, in ccordance with this Charter, to propose ordinances [initiative] and to require that any ordinance 7 be referred to the voters [referendum], except those that appropriate money or levy taxes. The 8 voters also have the right to remove elected public officials [recall]. The term voter(s), as used in 9 Chapter 5, shall refer only to residents of the City of Mounds View who first register, or who have to registered and are qualified to vote. Per Minnesota Statute 200.039 (as amended), eligibility to ii sign the petition is not restricted to only those who were eligible to or who cast ballots in 12 the previous election. 13 . 14 Section 5.02. Petitions. To circulate a petition provided for under this chapter, it must be 15 sponsored by a committee of five or more voters of the City whose names and addresses appear 16 on the petition. A petition consists of one or more pages with each separately circulated page 17 containing at its head the information specified in sections 5.05, 5.07 or 5.08 which apply, 18 respectively, to initiative, referendum and recall. The committee may obtain a sample petition 19 from the city Clerk-Administrator. All petition circulators must be voters of the City. Each 20 separate page of the petition must have appended to it a certificate by the circulator, verified by 21 oath. The certificate shall affirm that each signature was made in the circulator's presence and 22 that the circulator believes them to be the genuine signature of the voter whose name it purports 23 to be and that each signer was presented with the full petition. Each signer of a petition must be 24 a voter of the City and must sign and print their name and give their street address. Any voter 25 whose name appears on a petition may withdraw their name by filing a statement in writing with 26 the Clerk-Administrator before the Clerk-Administrator advises the Council of the sufficiency of the 2 petition. Section 5.03. Determination of Petition Sufficiency. The committee must file the completed 30 petition in the office of the Clerk-Administrator. The Clerk-Administrator shall provide the number 31 of total ballots cast for President in the most recent Presidential election. For a petition to be 32 sufficient, the required number of signatures shall be.a percentage of theat number of ballots cast 33 - - - - - : -. 34 • Petitions for Initiative and Referendum require-at least (1 5%) fifteen15 percent. 35 • Petitions for Recall, at least (25%) twenty-five25 percent. 36 — -I.; - • • Within 10 working days of receipt of the petition, the Clerk-Administrator shall 37 determine its sufficiency-a . Upon final determination of sufficiency, the Clerk-Administer 38 shall report the date of the determination and its sufficiency to the Council within fourteen (14) 39 -; -a; a; -. -at or before the next regularly scheduled meeting. Upon receipt of the re eort, 40 the Council shall immediately declare the sufficiency of the petition by resolution at or before its 41 --_. - • -a - - -.4 -including the reported date of determination of sufficiency. 42 43 Section 5.04. Disposition of Insufficient or Irregular Petition. If the CouncilClerk- 44 Administrator determines that the sufficiency of a petition cannot be declared, it shall be 45 determined to be insufficient or irregular. The Clerk-Administrator shall deliver a copy of the 46 petition, together with a written statement of its defects, to the sponsoring committee. The 47 committee shall have thirty-(30) calender days in which to file additional signature papers and/or 48 to correct the - • - ' - •- - - .-- aa i - - - 49 so fourteen (14) calendarspecified irregularity. Within five working days of receipt of the corrected s petition, the Clerk-Administrator -- .- a - a =• - -• a - - -• • - -. = - - - ' f the petition is sufficient the Council shall eleelar-edetermine the sufficiency of the petition by esolution at or before its next regularly scheduled sessionas corrected and proceed as directed 54 in Section 5.03. If the petition is still insufficient or irregular, this shall be considered the Final ss Finding and the Clerk-Administrator shall file the petition as noted and immediately notify the