Ordinance - 2021 - 857 - Amending Code Title 1 Chapter 9 - 09/14/2021 ORDINANCE 857
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING EAGLE CITY CODE TITLE 1,
CHAPTER 9, EAGLE "MUNICIPAL ELECTIONS", PROVIDING A CODIFICATION CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City of Eagle is a municipal corporation operating under the laws of the State
of Idaho; and
WHEREAS, the Idaho Legislature amended the laws governing campaign finance laws in
2019,via Senate Bill 1113, these amendments became effective January 1, 2020; and
WHEREAS, the county clerk will now be responsible for administering and enforcing the
Sunshine Law for city elections including candidate elections, recalls and ballot measures
like bonds, levies, initiate/referendum and advisory questions; and
WHEREAS, the Mayor and City Council of the City of Eagle have determined that amending
the City's municipal election laws to incorporate the amendments to state law made by the
Legislature in 2019 is in the public interest;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EAGLE, IDAHO, as follows:
Section 1: That Title 1, Chapter 9, is hereby amended with additions in underline and
deletions in strikethrough as follows:
1-9-2: REGISTRATION OF ELECTORS:
All electors must register before being able to vote at any municipal election. The Ada
County clerk shall be the registrar for all city elections and shall conduct voter registration
for the city pursuant to the provisions of chapter 4,title 34, Idaho Code. To be eligible to
register to vote in city elections, a person shall be at least eighteen (18) years of age, a
citizen of the United States and a resident of the city for at least thirty (30) days next
preceding the election at which he desires to vote, or a resident of an area annexed by a city
pursuant to the provisions of chapter 2, title 50, Idaho Code. (Ord. 653, 2-8-2011)
1-9-10: APPLICATION OF CAMPAIGN REPORTING LAW:
The provisions of Title 67 Chapter 66 of sections 67 6601 through 67 6616 and 67 6623
through 67 6630, Idaho Code, are hereby made applicable to all elections,The Ada County
Clerk oversees campaign finance reporting in accordance with Idaho State Code..for mayor,
councilman and citywide n}eastn=es in ci-t-i-es of five thousand (5,0-00) or more population,
except that the Eagle city clerk shall stand in place of the secr-eta-ry of state, and the city
attorney shall stand in place of the attorney general. (Ord. 653, 2-8-2011)
1-9-11: INITIATIVE AND REFERENDUM:
Petitions for initiative or referendum shall conform with the requirements of for signatiiro
verification of validity, printing of petitions-and time 14-fflits, except as-expressly modified to
meet the purposes of initiative and reference to be as • . ly as practicable as provided in
Title 34, Chapter 18 of Idaho Code.
A. Creation Of Right: The people of this city shall have the right to enact ordinances
through the initiative process, and to re: al ordinances through the referendum process,
according to the procedures set forth herein.
B. Requirements For Petitions:
1. General: Referendum and initiative petitions shall conform with the requirements
for signature, verification of valid petitions, printing of petitions and time limits, except as
expressly modified to meet the purposes of ini ve and refcrend im, to be as nearly as
practicable as provided in sections 34 1-801 through 34 1�05 and 50-501, Idaho Code.
2. Number Of Signatures Required: To enact an e -in-ance by initiative or to rep al an
ordinance by referendum, there shah 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 electors who cast votes at the last general election in the city.
3. Filing Referendum Petitions: Referendumetit' ith the requisite number of
signatures attached shall be filed with the Eagle city clerk not less-than sixty (60) days
following the final adoption of the ordinance to be subject to referendum.
C. Time For Election: A special election for initiative or referendum shall be provided not
more than ninety (90) days following the certification of the petition; provided, that in the
event a municipal election will occur within ninety (9-0) days, the initiative and referendum
shall be s„bmitterl at the t' f th -,l electi`„. (Or.1 653 '7_8 201 1)
1-9-12 RECALL ELECTIONS:
Recall elections shall be conducted in accordance with Title 34, Chapter 17 of Idaho Code.
1-9-1213: RUNOFF ELECTION:
A. Mayor:A majority of the votes for any candidate running for the office of mayor shall
be required for election to that office. In the event that no candidate receives a majority of
the votes cast,there shall be a runoff election between the two (2) candidates receiving the
highest number of votes cast. Such runoff election shall be conducted as in the general
election in a manner and at such time,within thirty (30) days of the general election, as
prescribed by the city and shall be exempt from the limitations upon elections provided in
sections 34-106 and 50-405, Idaho Code. The ballot shall be prepared by the Ada County
clerk not less than twenty two (22) days preceding the runoff election. The designation of
polling places shall be made by the Ada County commissioners not less than twenty (20)
days preceding any runoff election and sample ballots shall be printed not less than
eighteen (18) days preceding the runoff election. (Ord. 653, 2-8-2011)
1-9-144: EXPENSES ASSOCIATED WITH CONDUCTING AN ELECTION:
A. After an election has been ordered, all expenses associated with conducting municipal
general and special elections shall be paid from the Ada County election fund as provided
by section 34-1411, Idaho Code.
B: Expenses associated with conducting runoff elections shall be paid by the city
adopting runoff elections pursuant to the provisions of section 50-612 or 50-707B, Idaho
Code, or both. (Ord. 653, 2-8-2011)
Section 3: The City Clerk is instructed to immediately forward this ordinance to the codifier
of the official municipal code for proper revision of the code.
Section 4: That this Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho
Code, shall be published once in the official newspaper of the City, and shall take effect
immediately upon its passage, approval, and publication.
PASSED AND ADOPTED by the Council of the City of Eagle, Idaho this/7- day of September,
2021.
rh
APPROVED by the Mayor of the City of Eagle, Idaho this it day of September, 2021.
Jason Pierce, Mayor
ATTEST:
•• •OF EAC,F
••.....••
40
r cy E. sborn, CMC •0 ap•a.�, •
City Clerk s• • Sti A AP pi'
• ••.;et*voI_t'°.Q,`•:
ITE(SEAL) ''..................Of