11 Matching Annotations
  1. Feb 2020
    1. § 127-108. Referendum (a) All Town ordinances, except as specified in section 110 of this charter, may be repealed by vote of the Town as follows: A petition signed by not less than 10 percent of the registered voters shall be filed with the Town Clerk requesting a vote on the question of repealing the ordinance. The selectmen shall call a special Town meeting to be held within 60 days of the date of filing the petition, to vote on whether the ordinance shall be repealed. The ordinance shall be repealed only if at least 15 percent of the registered voters vote and a majority of that number vote for repeal. (b) Within 40 days after passage of an ordinance, five percent of the registered voters shall constitute sufficient signatures for a referendum petition, and all other procedures of subsection (a) of this section shall apply. § 127-109. Initiative Any lawful ordinance may be enacted by vote of the Town as follows: A petition signed by not less than five percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text thereof. The selectmen shall call a special Town meeting to be held within 60 days of the date the petition is filed, unless prior to such meeting, the selectboard members shall have enacted the ordinance. The warning for the meeting shall include the text of the proposed ordinance and shall provide for a "yes" or "no" vote as to its enactment. The ordinance shall be adopted if at least 15 percent of the registered voters vote and a majority of that number vote for adoption. The ordinance shall take effect on the 30th day following adoption.

      Middlebury VT - Initiatives and Referendums

    1. § 107-3.4. Referendum The voters of the Town may petition for a referendum, by Australian ballot of all voters of the Town, on a final vote on a warned article taken by Representative Town Meeting. Such petition shall be filed within 10 days after adjournment of the meeting. (1) A petition for referendum shall be signed by at least five percent of the voters of the Town; or (2) A petition for referendum shall be signed by at least 50 Representative Town Meeting members. (Amended 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.)

      Brattleboro - Referendums

    1. (b)(1) A representative form of annual or special meeting is a meeting of members elected by district to exercise the powers vested in the voters of the town to act upon articles. However, the election of officers, public questions, and all articles to be voted upon by Australian ballot as required by law or as voted under section 2680 of this title at a prior annual or special meeting, and reconsideration of articles under section 2661 of this title shall remain vested in the voters of the town. (2) An organizational resolution to adopt a representative form of annual or special meeting may be made by the legislative body of the municipality or by petition of five percent of the voters of the municipality. An official copy of the organizational resolution shall be filed in the office of the clerk of the municipality at least 10 days before the annual or special meeting at which the vote whether to adopt the organizational resolution shall take place, and copies thereof shall be made available to members of the public upon request.

      Exceptions to Representative form of gov't - VT Statutes

    2. § 2661. Reconsideration or rescission of vote (a) A warned article voted on at an annual or special meeting of a municipality shall not be submitted to the voters for reconsideration or rescission at the same meeting after the assembly has begun consideration of another article. If the voters have begun consideration of another article, the original article may only be submitted to the voters at a subsequent annual or special meeting duly warned for the purpose and called by the legislative body on its own motion or pursuant to a petition requesting such reconsideration or rescission signed and submitted in accordance with subsection (b) of this section. A vote taken at an annual or special meeting shall remain in effect unless rescinded or amended. (b) If a petition requesting reconsideration or rescission of a question considered or voted on at a previous annual or special meeting is filed with the clerk of the municipality within 30 days following the date of that meeting, the legislative body shall provide for a vote by the municipality in accordance with the petition within 60 days of the submission at an annual or special meeting duly warned for that purpose. The number of signatures required for a petition for reconsideration or rescission shall be not less than five percent of the registered voters unless the voters of the municipality increase that percentage pursuant to the following: (1) At a meeting duly warned for the purpose, the voters of a municipality may require that a petition for reconsideration be signed by a percentage of registered voters that is not less than five percent nor greater than 20 percent. (2) A vote to increase the percentage of voters required to sign a petition for reconsideration or rescission to up to 20 percent shall be in substantially the following form: "Shall the (name of municipality) increase the percentage of voters required on a petition for reconsideration or rescission from five to (up to 20) percent?" (3) Once the voters of a municipality have voted to require a new percentage, that percentage shall remain in effect until the voters of the municipality vote to change the percentage. (c) A question voted on shall not be presented for reconsideration or rescission at more than one subsequent meeting within a one-year period, except with the approval of the legislative body. (d) For a vote by Australian ballot: (1) The form of the ballot shall be as follows: "Article 1: [cite the article to be reconsidered as lastly voted]." (2) Absentee ballots for the reconsideration or rescission vote shall be sent to any voter who requested an absentee ballot for the initial vote on the article to be reconsidered or rescinded, whether or not a separate request for an absentee ballot for the reconsideration or rescission vote is submitted by the voter. (e) A majority vote in favor of reconsideration or rescission of a question voted on by paper or Australian ballot shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds two-thirds of the number of votes cast for the prevailing side at the original meeting unless the voters of the municipality approve a different percentage pursuant to the following: (1) At a meeting duly warned for the purpose, the voters of a municipality may require that a vote in favor of reconsideration or rescission shall not be effective unless the number of votes cast in favor of reconsideration or rescission exceeds a certain percentage of the number of votes cast for the prevailing side at the original meeting. (2) A vote to increase or decrease the percentage shall be in substantially the following form: "Shall the (name of municipality) change the percentage of votes cast in favor of reconsideration or rescission required for a vote to reconsider or rescind a question considered or voted on at a previous annual or special meeting to be effective to (percentage)?" (3) Once the voters of a municipality have voted to require a new percentage, that percentage shall remain in effect until the voters of the municipality vote to change the percentage. (f) A municipality shall not reconsider a vote to elect a local officer. (g) This section shall not apply to nonbinding advisory articles, which shall not be subject to reconsideration or rescission. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 105; 1991, No. 235 (Adj. Sess.); 2007, No. 36, § 1; 2013, No. 161 (Adj. Sess.), § 50; 2017, No. 50, § 52.)

      Referendum to repeal, VT Statutes

    1. (c) The warning for annual and special City meetings shall, by separate articles, specifically indicate the business to be transacted, including the offices and the questions to be voted upon. The warning also shall contain any legally binding article or articles requested by 10 percent of the registered voters of the City. Petitions requesting that an article or articles be placed on the warning shall be filed with the City Clerk on or before the filing deadline set forth in 17 V.S.A. § 2642(a)(3). (Amended 2005, No. M-7, § 4; 2007, No. M-5, § 2; 2017, No. M-10, § 2, eff. May 30, 2017.)

      Popular Initiatives and Referendums - City of Barre, VT

    1. (5) contain any article requested by petition signed by at least 10 percent of the voters and filed with the Town Clerk at least 45 days prior to the day of the meeting; and

      Popular Initiatives and Referendums - Barre, VT

    1. § 19-410. General authority for initiative and referendum (a) Initiative. The qualified voters of the City shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital improvements program or any ordinance relating to appropriation of money, levy of taxes, or salaries of City offices or employees. (b) Referendum. The qualified voters of the City shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or capital improvements program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.) § 19-411. Commencement of proceedings; affidavit (a) Any qualified voter or group of voters may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating that he, she, or they will be responsible for circulating the petition and filing it in proper form, stating the name and address of the voter who will serve as petitioner to which all notices are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. (b) Promptly after the affidavit of the petitioner is filed, the Clerk shall issue the appropriate petition forms to the petitioner. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.) § 19-412. Petitions (a) Number of signatures. Initiative and referendum petitions must be signed by at least five percent of the legal voters of the City. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that they are believed to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for filing referendum petitions. Referendum petitions must be filed within 30 days after adoption by the Council of the ordinance sought to be reconsidered. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.) § 19-413. Procedure after filing (a) Certificate of Clerk; amendment. Within 20 days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioner by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioner files a notice of intention to amend it with the Clerk within two days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections 412(b) and (c) of this charter, and within five days after it is filed, the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioner by registered mail as in the case of an original petition. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioner does not elect to amend or request Council review under subsection (b) of this section within the time required, the Clerk shall promptly present the certificates to the Council and the certificates shall then be a final determination as to the sufficiency of the petition. (b) Council review. If a petition has been certified insufficient and the petitioner does not file notice of intention to amend it or if an amended petition has been certified insufficient, the petitioner may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate within five days following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition. (c) Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.) § 19-414. Referendum petitions; suspension of effect of ordinance When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) there is a final determination of insufficiency of the petition; (2) the petitioner withdraws the petition; (3) the Council repeals the ordinance; or (4) 30 days have elapsed after a vote of the City on the ordinance. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.) § 19-415. Action on petitions (a) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner provided in this Article or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City. (b) Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not less than 30 days from the date of the final Council vote thereon. If no regular City election is to be held within the period prescribed in this subsection, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Council may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by the petitioners. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.) § 19-416. Results of election (a) Initiative. If a majority of the qualified voters voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qualified voters voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (Added 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)

      Voters Initiatives and Popular Referendums - Winooski, VT

    1. (f) Referendum. (1) A Town ordinance may be repealed by vote of the Town as follows: A petition requesting a vote on the question of repealing the ordinance shall be signed by not less than five percent of the registered voters and shall be filed with the Town Clerk within 40 days following the date of adoption of the ordinance by the Selectboard. The Selectboard shall call a special Town meeting to be held within 60 days of the date of filing the petition to vote by Australian ballot on whether or not the ordinance shall be repealed. The warning shall include the text of the proposed ordinance and shall provide for a "yes" or "no" vote.

      Voter Referendums - Milton VT

    1. The Clerk of the City shall at any time when directed by the City Council, or when petitioned in writing by at least five percent of the registered voters of the City and filed with the City Clerk no less than 40 days before the day of such meeting, call a special meeting of the legal voters of the City, for any legal purpose, in the same manner as is provided for the annual meeting, except as is hereinafter provided: (1) Whenever a petition is brought for a meeting to rescind or reconsider the action taken at a previously held City meeting, the number of names required shall be 10 percent of the legal voters, and the petition shall be filed with the City Clerk within 30 days following the date of that meeting.

      Voters Initiatives and Popular Referendums - St. Albans VT

    1. The warning shall also contain any article or articles requested by a petition signed by at least five percent of the legal voters of the municipality and filed with the legislative branch not less than 40 days before the day of such meeting.
    1. The warning also shall contain any legally binding article or articles requested by 10 percent of the registered voters of the City. The warning shall also include any nonlegally binding articles, including matters of State, national, or international importance requested by five percent of the voters.

      Initiatives and Referendums - Montpelier City Charter