§ 7.5. Initiative and referendum procedure:

(a).

General Authority. The registered voters of the city have the power to enact city ordinances, called the "initiative", and the power to nullify ordinances enacted by the city, called the "referendum". However, these powers do not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees or to the adoption or amendment of the Zoning Ordinance of the City of Ludington.

(b).

Petitioner's Committee. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating they will constitute the Petitioner's Committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses, and specifying the address to which all notices of the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.

Promptly after the affidavit of the Petitioner's Committee is filed, the City Clerk shall issue the appropriate petition blanks to the Petitioner's Committee.

(c).

Petitions.

[1]

Number of Signatures. Initiative and referendum petitions must be signed by registered voters of the city equal in number to at least ten (10) percent of the total number of registered voters registered to vote at the last General City Election.

[2]

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 permanent ink or indelible pencil and shall be followed by the address of the person signing and the date of signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.

[3]

Affidavit of Circulator. Each paper of a petition shall have attached to it when filed, an affidavit executed by the person circulating it 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 he or she believes them 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.

[4]

Time for Filing Referendum Petitions. Referendum petitions must be filed within forty-five (45) days after adoption by the City Council of the ordinance sought to be reconsidered.

(d).

Certification. Within twenty (20) days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency. If it is insufficient, the particulars in which it is insufficient shall be specified, and a copy of the certificate sent by certified registered mail to the Petitioner's Committee within three (3) days. A petition certified insufficient for lack of required number of valid signatures may be amended once (1) if the Petitioner's Committee files a notice of intention to amend it with the Clerk within three (3) days, excluding weekends and holidays, after receiving the copy of the City Clerk's certificate. A supplementary petition shall be filed upon additional papers within ten (10) days after receiving the copy of such certificate. The amended petition shall comply with the requirements of subsections [2] and [3] of Section 7.5(c) within five (5) days after it is filed, excluding weekends and holidays, and the City Clerk shall complete a certificate as to the sufficiency of the amended petition and promptly send a copy to the Petitioner's Committee by certified [or] registered mail. If a petition or amended petition is certified insufficient and the Petitioner's Committee does not elect to amend or request Council review under subsection (e) of Section 7.5 within the time required, the Clerk shall promptly present the certificate to the Council and it shall be then a final determination as to the sufficiency of the petition.

(e).

Council Review. If a petition has been certified insufficient and the Petitioner's Committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the Committee may, within three (3) business days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting 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.

(f).

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, or

(2)

The Petitioner's Committee withdraws the petition, or

(3)

The Council repeals the ordinance, or

(4)

Seven (7) days have elapsed after a vote of the City on the ordinance.

(g).

Action on Petitions.

[1]

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 herein 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 sixty (60) days or fails to repeal the referred ordinance within thirty (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.

[2]

Submission to Voters. The vote of the electors in the City on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one (1) year 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.

[3]

Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the sixtieth (60th) day preceding the day scheduled for a vote on the initiative or referendum in question, by filing with the City Clerk a request for withdrawal signed by at least four (4) members of the Petitioner's Committee. Upon the filing of such request, the petition shall have no further force or effect, and all proceedings thereon shall be terminated.

(h).

Results of Election.

[1]

Initiative. If a majority of the registered voters voting on a proposed initiative ordinance votes 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.

[2]

Referendum. If a majority of the registered voters voting on [a] referred ordinance votes against it, it shall be considered repealed upon certification of the election results.

State law reference

Permissible Charter provisions, MCL 117.4(g), MSA 5.2073(a), (g).