Ord. 2581 - Temporary Declaration of Candidacy Process for Elections COUNCIL BILL NO. 3125
ORDINANCE NO. 2581
AN ORDINANCE CREATING A TEMPORARY DECLARATION OF CANDIDACY
PROCESS FOR THE ELECTION OF CITY OFFICIALS; MAKING FINDINGS JUSTIFYING
THE NEED FOR THIS NEW ELECTION PROCESS BECAUSE OF THE COVID-19
PANDEMIC; AND MAKING A DECLARATION OF EMERGENCY AND SUNSET
CLAUSE
WHEREAS, COVID-19 is a virus that can cause respiratory disease, with
the potential for serious illness and loss of life; and
WHEREAS, on March 8, 2020, the Governor issued Executive Order No.
20-03, declaring a state of emergency in Oregon based upon the COVID-19
outbreak; and
WHEREAS, COVID-19 was declared a pandemic by the World Health
Organization on March 11 , 2020; and
WHEREAS, on March 13, 2020, the City Administrator, as the
administrative head of the City, issued Administrative Order No. 2020-01 , which
declared a state of emergency in Woodburn because of the COVID-19
pandemic; and
WHEREAS, on March 13, 2020, the City Council adopted Resolution 2151 ,
Ratifying Administrative Order 2020-01 and Declaring a State of Local
Emergency in the City Limits of the City of Woodburn; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The City Council makes the following Findings:
A. That under Ordinance 1867, the Nomination Ordinance, all candidates
for City office are currently required to secure the signatures of 20 electors
on a Nominating Petition in order to run for City office.
B. That ORS 249.020(1 ) provides that "An eligible elector may become a
candidate for nonpartisan office . . . by filing a nominating petition or a
declaration of candidacy."
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Ordinance No. 2581
C. That Section 29 of the Woodburn Charter states: "Nomination of a
candidate for an elective office shall be in a manner prescribed by
ordinance."
D. That Ordinance 1867 requires that City candidates secure signatures on
a Nominating Petition and there is presently no applicable City procedure
for the use of a Declaration of Candidacy, as is permitted by both state
statute and the Woodburn Charter.
E. That because of the COVID-19 pandemic, the City Council finds that the
temporary use of a Declaration of Candidacy process is better for the
health of both City candidates and petition signers because under a
Declaration of Candidacy process there is no legal requirement that a
Nominating Petition be circulated.
F. That the City Council finds that the temporary use of a Declaration of
Candidacy process, and not a Nominating Petition, will protect public
health and safety during the COVID-19 pandemic.
G. That, by the enactment of this Ordinance, it is the City Councils'
intention to only temporarily change the nomination process for
candidates for City of Woodburn elective office. Therefore, a "sunset
clause" shall be added to this Ordinance so that it will expire on May 10,
2021 , and Ordinance 1867 (the Nomination Procedures Ordinance) shall
again become legally effective.
Section 2. A person, having the qualifications as provided in the Woodburn
Charter, may be nominated as a candidate for a City of Woodburn elective
office by filing a Declaration of Candidacy with the City Recorder in
substantially the following form:
DECLARATION OF CANDIDACY
I, hereby declare myself as a candidate for the office of
to serve for the ensuing term and certify that I possess the
necessary qualifications as described in the Woodburn Charter.
DATED this day of
(Signature of Candidate)
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Ordinance No. 2581
Section 3. After a determination that the candidate has fulfilled all City
election requirements, the City Recorder shall cause the candidate's name to
be printed on the ballots.
Section 4. Ordinance 1867, Nomination Procedure, is repealed until it
becomes legally effective again pursuant to Section 5 of this Ordinance.
Section 5. Declaration of Emergency with a Sunset Clause. This Ordinance
being necessary for the immediate preservation of the public health, safety
and welfare, so that City election procedures can be modified at once to
protect both City candidates and members of the public from unnecessary
exposure to COVID-19 and so that the City can comply with the Governor's
Executive Orders, an emergency is declared to exist and this ordinance shall
take effect immediately upon passage by the Council and approval by the
Mayor.
This Ordinance shall expire on May 10, 2021 and Ordinance 1867 (the
Nomination Procedures Ordinance) shall again become legally effective.
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Approved as to form:
City Attorney g�� Date
Approved:
Eric Swenson, Mayor
Passed by the Council i ,
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder I
ATTEST: t
Heather Pi rson, City Recorder
City of Woodburn, Oregon
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Ordinance No. 2581