IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE setting forth guidelines for citizen initiative, referendum, and recall petitions as referenced under Article XIV of the Jackson County Charter.
Intro
ORDINANCE NO. 5782, August 14, 2023
INTRODUCED BY Manuel Abarca IV, County Legislator
Body
WHEREAS, Article XIV, Section 1 of the Jackson County Charter states: The people reserve the power to propose and enact all ordinances independent of the County Legislature by initiative, to approve or reject ordinances of the County Legislature by referendum and to recall an elective county officer; and,
WHEREAS, Article II, Section 16(5) of the Jackson County Charter states, in part: The County Legislature shall have the power, pursuant to and in conformity with the constitution, and without limiting the generality of the powers vested in the County Legislature by this charter, to make such rules and regulations as may be necessary or proper to establish and carry into effect the provisions of this charter; and,
WHEREAS, due to recent inquiries to the local election officials, the County Clerk, and the County Counselor, it is recommended that certain guidelines be established to clarify procedures for citizens to propose such petitions in compliance with the County Charter and the Revised Statutes of the State of Missouri; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri that the Legislature hereby sets out the following guidelines related to citizen initiative, referendums, and recall petitions:
1. Such petitions shall include the words "State of Missouri, County of Jackson" at the top of each page.
2. Pursuant to Article XIV, Section 3, Jackson County Charter, petitions shall contain an enacting clause to read: "Be it enacted by the people of Jackson County."
3. Pursuant to section 116.080 RSMo., petitions shall contain a circulator's affidavit with the circulator's notarized signature on each page of the petition.
4. Such petitions shall provide adequate space for ten (10) signatures, and include the signers' printed name, and address, including house number, street name, city, and zip code.
5. Pursuant to Article XIV, Section 7, Jackson County Charter, petitions demanding the recall of any elected county officer shall be signed by registered voters equal in number to at least twenty percent of the total vote cast for County Executive, in the district or county, in the last election in which a County Executive was elected.
6. Pursuant to Article XIV, Section 8, Jackson County Charter, all petitions referred shall be filed with the offices or officers charged with conducting elections within the county, which shall be the judge of their sufficiency.
7. Pursuant to Article XIV, Section 9, Jackson County Charter, initiative, and referendum issues shall be submitted to the voters at the next regular election held within ninety days after the petitions are filed, or if there is no regular election within such time, a special election shall be held within sixty days after the petitions are filed. A special election shall be held to consider recall of a county elected officer within sixty days after the petitions are filed.
BE IT FURTHER ORDAINED by the County Legislature of Jackson County, Missouri that if no legal election date is available within sixty days the election will occur at the next available election after certification of the Petition.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
____________________________
County Counselor
I hereby certify that the attached ordinance, Ordinance No. 5782 introduced on August 14, 2023, was duly passed on August 28, 2023 by the Jackson County Legislature. The votes thereon were as follows:
Yeas ______8_________ Nays ______0________
Abstaining ____0_______ Absent _____1_______
This Ordinance is hereby transmitted to the County Executive for his signature.
_____________________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance No. 5782.
_______________________ ________________________________
Date Frank White, Jr., County Executive