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 Gilbert
 Code of Ordinances
 Chapter 26. ELECTIONS

  § 26-10. Initiative and referendum.

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  • (a)

    Power reserved; time of election. There is reserved to the qualified electors of the town the power of initiative and the referendum as prescribed by the state constitution. The council reserves the right, after evaluating the cost impact, the need for swift resolution of the issue, and other factors the council deems appropriate for such decision, to determine when to call a referendum election. The council at its sole discretion, may call such election for the next ensuing town election, or at a special town election called by the council for such purpose. If an ordinance is proposed by initiative petition, it shall be filed with the town clerk, who shall submit it to the voters at the next ensuing town election. The council may enact the proposed ordinance and refer it to the people or it may enact the ordinance without referring it to the people, in which case it is subject to referendum petition, as are other ordinances.

    (b)

    Number of signatures. The basis upon which the number of qualified electors of the town required to file an initiative petition shall be the total number of registered voters qualified to vote at the last municipal election, whether primary, general or special, immediately preceding the date upon which any initiative petition is filed. The basis upon which the number of qualified electors of the town required to file a referendum petition shall be as determined by state law.

    (c)

    Time of filing. Initiative petitions shall be filed at least 120 days prior to the date of the election at which the proposed measures are to be voted upon. Referendum petitions shall be filed within 30 days of the adoption of the ordinance or resolution to be referred. If the clerk is unable to provide petitioners with a copy of the ordinance or resolution signed by the mayor at the time of application for an official number or on the same business day the application is submitted, the 30-day period shall be calculated from the date such ordinance or resolution is available.

    (d)

    Sample ballots and publicity pamphlets. The procedures relating to sample ballots and publicity pamphlets shall be as set forth in state law, except as modified in this subsection. Arguments supporting and opposing propositions appearing on the ballot shall be filed with the office of the clerk by 5:00 p.m. not less than 90 days prior to the election at which the propositions are to be voted upon. Each argument shall be accompanied by a deposit in an amount, which shall be set forth from time to time by resolution, to offset the proportional costs of printing. This requirement shall not be waived on any account.

(Code 1984, § 2-3-7; Ord. No. 1169, § 1, 4-20-99; Ord. No. 1386, § I, 2-19-02; Ord. No. 1549, § I, 3-30-04)

State law reference

Constitutional grant of powers of initiative and referendum, Az. Const. art. IV, pt. 1, § 1(8); initiative and referendum, A.R.S. § 19-141 et seq.