SECTION 4. The form of petition for the referendum to the people on any act of a city council shall be substantially as follows: NOTICE It is a misdemeanor for any one to sign any initiative or referendum petition with any name other than his own or knowingly to sign his name more than once for the same measure, or to sign such petition when he is not a qualified elector. of... We, the undersigned, electors of... respectfully order that council ordinance No......., entitled shall be referred to the electors for their approval or rejection, at the regular election to be held on the ...... day of ... A.D. 19.., and each for himself says: I know the contents of and have personally signed this petition and my residence is correctly stated opposite my name. Name .... .... Residence Date of signature. Here place as many lines as convenient for the placing of signatures, places of residence and date of signature, under the respective headings indicated. The form of petition for any ordinance proposed by the initiative shall be substantially the same as for referendum petitions, except that in place of number and title of the ordinance passed by council, shall be inserted, the text of the proposed ordinance. Petitions may be filed in numbered sections accompanied by the affidavit of the person or persons circulating same, which affidavit shall be in substantially the following form:State of Ohio, County of ..... I, . . . . . ..SS.: being first duly sworn, say: The signatures upon the petitions herewith attached were made in my presence; I believe that each signer is a qualified elector and has stated his name and address correctly. Signature and address of affiant Subscribed and sworn to before me by day of..... A.D..... this Signature and title of officer before whom oath is made together with such officer's seal, if the use of same be otherwise required by law. The forms herein given are not mandatory, and if substantially followed in any petition it shall be sufficient, regardless of clerical and technical errors. SECTION 5. Ordinances, resolutions or other measures referred by petition shall be designated, "Referendum ordered by petition of the electors," ordinances or other measures proposed by initiative petition shall be designated by the heading, "Proposed by initiative petition." The manner of voting upon ordinances, resolutions or other measures submitted to the electors, and upon ordinances, resolutions or other measures proposed by initiative and submitted to the electors, shall be the same as is now or may hereafter be required and provided by law; no ordinance or other measure shall be adopted unless it shall receive an affirmative majority of the total number of the lawful and effective votes cast at such election and entitled to be counted under the provisions of this act; separate ballots shall be provided and so printed as to permit a vote for or against each ordinance or measure submitted in accordance with the order of the petition or petitions demanding such submission and for or against each ordinance or measure proposed by initiative petition; and all ordinances and measures passed by council or ordinances and measures proposed by initiative petition, so submitted, shall be indicated on the ballots by the title of such ordinance or measure passed by the council, or the title of the proposed ordinance or measure given in the petitions asking for the popular vote upon the same. Every person who is a qualified elector of the state of Ohio, may lawfully sign any of the petitions mentioned in this act, for an initiative or referendum vote, in the municipality where he is entitled to vote. Any person signing any name other than his own to any petition, or knowingly signing his name more than once upon a petition or petitions for a referendum election upon the same ordinance or measure or upon a petition or petitions proposing the same ordinance or measure, at one election, or who is not at the time of signing his name a qualified elector of the city, or any officer or any person wilfully violating any provision of this statute, shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail or workhouse not exceeding six months, or both. SECTION 6. If any section or portion of this act shall for any reason be declared to be unconstitutional, such invalidity shall not affect any other section or portion hereof. All laws and parts of laws in conflict herewith are hereby repealed. IV. INITIATIVE, REFERENDUM, AND RECALL IN COMMISSION GOVERNMENT XXIX. IOWA [The provisions of the Iowa law passed in 1907 (under which the Des Moines plan is organized), relative to the initiative, referendum, and recall, are as follows.] 1 SEC. 18. The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least 25 per cent of the entire vote for all candidates for the office of mayor at the last preceding general municipal election, demanding an election of a successor of the person sought to be removed, shall be filed with the city clerk, which petition shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements therein made are true as he believes, and that each signature to the paper appended is the genuine signature of the person whose name it purports to be. Within 10 days from the date of filing such petition the city clerk shall examine and from the voters' register ascertain whether or not said petition is signed by the requisite number of qualified electors, and, if necessary, the council shall allow him extra help for that pur'Beard, Digest of Short Ballot Charters, folio 51,206. pose; and he shall attach to said petition his certificate, showing the result of said examination. If by the clerk's certificate the petition is shown to be insufficient, it may be amended within 10 days from the date of said certificate. The clerk shall, within 10 days after such amendment make like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing the same; without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be deemed to be sufficient, the clerk shall submit the same to the council without delay. If the petition shall be found to be sufficient, the council shall order and fix a date for holding the said election not less than 30 days or more than 40 days from the date of the clerk's certificate to the council that a sufficient petition is filed. The council shall make, or cause to be made, publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared, in all respects as are other city elections. The successor of any officer so removed shall hold office during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself, and unless he requests otherwise in writing, the clerk shall place his name on the official ballot without nomination. In any such removal election, the candidate receiving the highest number of votes shall be declared elected. At such election if some other person than the incumbent receives the highest number of votes the incumbent shall thereupon be deemed removed from the office upon qualification of his successor. In case the party who receives the highest number of votes should fail to qualify, within 10 days after receiving notification of election, the office shall be deemed vacant. If the incumbent receives the highest number of votes he shall continue in office. The same method of removal shall be cumulative and additional to the methods heretofore provided by law. SEC. 19. Any proposed ordinance may be submitted to the council by petition signed by electors of the city equal in number |