Section 8.01 General Authority
A. (a) Initiative. The qualified voters of the town shall have the power to propose ordinances to the council. and, If the council fails to adopt an ordinance so proposed without any change in substance, the qualified voters shall have the power to adopt or reject (it) said ordinance at a the next general or special (town) election, held at least 60 days after the certification. (provided that) Such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of town officers, (or) officials, or employees.

B. (b) Referendum. The qualified voters of the town shall have power to require reconsideration by the council of any adopted ordinance. and, If the council fails to repeal an ordinance so reconsidered, the qualified voters shall have the power to approve or reject such ordinance it at a the next general or special ( town) election, held at least 60 days after the certification. (provided that) Such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.

C. (c) Recall. The qualified voters of the town shall have power to recall an elected official of the Town of Dexter.

D. (d) Council Action. Upon majority vote of the entire council, the council may send any question to referendum it deems (necessary) appropriate.

E. Definitions:
Affidavit - A sworn statement in writing
Certificate - A document containing a certified statement
Initiative - A procedure enabling a specified number of voters by petition to propose a law and secure its submission to the voters for approval.
Ordinance - An authoritative decree
Petition - A formal written request
Recall - The right or procedure by which an official may be removed by vote of the people.
Referendum - The practice of submitting to popular vote a measure passed upon or proposed by a legislative body or by popular initiative.

Section 8.02. Commencement of proceeding; petitioners' committee; affidavit.
Any 5 (five) qualified voters may commence initiative, referendum or recall proceedings by filing with the town clerk an affidavit stating they will constitute the petitioners' 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 to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered or a general statement of the reasons for the recall of an elected official. (Promptly) Within 2 (two) municipal business days after the affidavit of the petitioners' committee is filed, the clerk shall issue the appropriate petition blanks to the petitioners' committee.

Section 8.03. Petitions.
A. (a) Number of signatures. Initiative, referendum, and recall petitions must be signed by qualified voters of the town equal in number to at least 15% of the total number of qualified voters registered to vote at the last (town) Presidential election.

B. (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 street address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed, sought to be reconsidered or a general statement of the reasons for the recall of an elected official.

C. (c) Affidavit of circulator. Each passer of a petition shall have attached to it, when filed, an affidavit executed by the circulator stating that he/she personally circulated the paper; that it was at no time in the hands of any person other than the circulator; the number of signatures thereon; that all the signatures were affixed in the circulator's presence; that the circulator 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 or a general statement of the reasons for the recall of an elected official.

(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. Recall petitions must be filed within 30 days from the acceptance of the request by the Town Clerk.

Section 8.04. (Procedure after filing.) Procedures for referendum and initiative petitions
A. Time for filing petitions. Referendum petitions must be filed within thirty (30) calendar days after the adoption by the council of the ordinance sought to be reconsidered. Initiative petitions may be filed at any time provided the requirements of 8.03 are met.

B. (a) Certification by the Town Clerk;
(1) Amendment) . Certification. Within 20 (twenty) calendar days after the petition is filed, the town clerk shall complete a certificate as to (its) the sufficiency of the petition. (specifying) , If (it) the petition is insufficient, the Clerk shall specify the particulars wherein it is defective and shall (promptly) send a copy of the certificate to the petitioners' committee by way of certified mail.

C. Amendment. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the clerk within 2 (two) municipal business days after receiving the copy of this certificate, and files a supplementary petition upon additional papers provided by the Clerk within 10 (ten) calendar days. (after receiving the copy of such certificate) . Such supplementary petition shall comply with the requirements of (subsections (b) and (c) of section 8.03, and within 5 (five) municipal business 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 petitioners' committee by certified 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 petitioners' committee does not elect to amend or request council review under subsection (d) of this section within the time required, the clerk shall promptly present his/her certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition.

D. Final Determination.

1. If a petition or amended petition is certified sufficient, the Clerk shall present his/her final determination to the Council. The Council at its next regular meeting shall order the initiative or referendum be placed on the ballot.

2. If a petition is certified insufficient and the petitioners’ committee does not elect to amend the petition, the Clerk shall present his/her determination to the Council. The Council at its next regular meeting shall confirm the petitions insufficient.

3. If a petition or amended petition is certified insufficient and the petitioners’ committee does not request a Council review, the Clerk shall present his/her determination to the Council. The Council at its next regular meeting shall confirm the petitions insufficient.

4. If a petition and/or amended petition is certified insufficient, the petitioners’ committee may, within 2 (two) municipal 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, and the filed petitions if necessary, at its next regular meeting following the filing of such request. If the Council determines the petition is sufficient, it shall order the initiative or referendum be placed on the ballot. (See (g) (1) below.) If the Council finds the petition is insufficient, its determination shall be final.

8.05 RECALL PROCEDURES. A. Time for filing. Recall petitions must be filed within thirty (30) calendar days from the acceptance of the request by the Town Clerk as signified by the issuance of the petition blanks to the petitioners’ committee. B. Procedure after filing.

1. Certification by the Town Clerk. Within twenty (20) municipal business days after the petition circulation period ends, the Town Clerk shall certify to the Town Council that the proper number of signatures has been collected, and that the signatures are from qualified voters of the Town.

2. Termination of petition. Should fewer qualified voters than required by the Charter sign the petition in the specified time, the petition shall have no further force or effect, and all proceedings thereon shall be terminated. A request for recall of the same elected official may not be accepted by the Clerk until 180 calendar days after the expiration of the previous filing period.

(2) Recall. Within 20 days after the petition circulation period ends, the clerk shall certify to the council that the petition has been signed properly as to number of signatures of persons whose names they purport to be. Should fewer qualified voters than required by the Charter sign the petition in the specified time, the petition shall have no further force or effect, and all proceedings thereon shall be terminated. A request for recall of the same elected official may not be accepted by the Clerk until 180 days after the expiration of the previous filing period.

(b) Council review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within 2 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.

C. (c) Court review; (new petitions) . 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 with the exception of recall petition. (See8.04(a) (2) .(Amend. of 11-6-90)

D. Action on Recall Petition

1. Action by Council. When a recall petition has been finally determined sufficient, the Council shall hold a municipal election for the purpose of submitting to vote the question of recall.

2. Submission to Voters. The vote of the Town on a question of recall shall be held no less than thirty (30) calendar days and not later than sixty (60) calendar days from the date of certification of the sufficiency of the recall petition.

3. Form of Ballot. The form of the ballot for the proposed petition of recall shall be substantially as follows: “Shall (name of person being subject to recall) be recalled from the office of (name of office) ?”
Yes= = No= =
The voters shall indicate their choice by completing their ballot as instructed.

4. Withdrawal of recall petition. A recall petition may be withdrawn at any time prior to the fifteenth (15th) calendar day preceding the day scheduled for a vote of the town by filing with the Town Clerk a request for withdrawal signed by at least four (4) of the petitioners’ committee. Upon the filing of such request the petition for recall shall be subject to the restrictions as are found in subsection (e) .

Section 8.05. Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the town clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when;
(a) There is a final determination of insufficiency of the petition, or
(b) The petitioners' committee withdraws the petition, or
(c) The council repeals the ordinance, or
(d) Thirty days have elapsed after a vote of the town on the ordinance.
(Amend. of 11-6-90)

Section 8.06. Action on petitions; initiative and referendum.
(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 Article II 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 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the town.

(b) Submission to voters. The vote of the town on a proposed or referred ordinance shall be held not less than 90 days and not later than one year from the date of the final council vote thereon. If no regular town 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 at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed referred ordinance shall be made available at the polls.

(c) Form of ballot. The form of the ballot for the proposed ordinance, or repeal of such ordinance, order or resolve, shall be substantially as follows:
"Shall the ordinance, order or resolve entitled '___________' be repealed? (or adopted?) "
YES NO
(The voters shall indicate their choice by a cross x or check mark placed in the appropriate box under the words YES or NO.)

(d) 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 town by filing with the town clerk a request for withdrawal signed by at least 4 members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated.

Section 8.07. Action on petition; recall.
(a) Action by council. When a recall petition has been finally determined sufficient, the council shall hold a municipal election for the purpose of submitting to vote the question of recall.

(b) Submission to voters. The vote of the town on a question of recall shall be held not less than 30 days and not later than 60 days from the date of certification of the sufficiency of the recall petition.

(c) Form of ballot. The form of the ballot for the proposed petition of recall shall be substantially as follows: “Shall (name of the person being subject to recall) be recalled from the office of (name of office) ?”

Yes No
(The voters shall indicate their choice by a cross, x, or checkmark, placed in the appropriate box under the words YES or NO) .

(d) Withdrawal of recall petition. A recall petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the town by filing with the town clerk a request for withdrawal signed by a least 4 members of the petitioners’ committee. Upon the filing of such request the petition for recall shall be subject to the same restrictions as are found in Section 8.04(a) (2) . (Amend. of 11/6/90) .

(a) Initiative. If a majority of the qualified electors 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 electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.

E. (c) Recall. Pending action by the voters of the town, the elected official of Dexter against whom recall proceedings have been initiated shall continue to exercise all the privileges and duties of his/her office. (In order for an elected official to be recalled in a majority of those voting on a recall petition shall have voted in the affirmative.) The recall is effective only if the total number of votes case in favor of the recall shall equal or exceed two thirds (2/3) the number of votes cast. The elected official of Dexter that is recalled by the voters shall immediately vacate his/her elected position. Should a vacancy occur following a recall vote, notwithstanding Section 2.05(c) the council shall within (30) (60) sixty calendar days hold a special election to fill the vacancy. An elected official who is recalled shall be allowed to seek reelection at the special election called for the purpose of filling the vacancy created by the recall. Qualified voters who seek to fill the vacancy shall have until the (15th) (30th) thirtieth calendar day preceding the election to file with the town clerk a nomination petition. (which) These nomination papers shall be made available by the clerk at least 10 (ten) municipal business days prior to the final date for filing. The number of signatures required for filing shall be the same as required for a regular election.