House Bill 5494 (sHB5494 File No. 490) establishes new guidelines for municipalities in the state to present proposed charter amendments or home rule ordinance amendments on ballots. The bill requires that these proposals be phrased as questions with a "Yes" or "No" response and include clear, unbiased explanations. It also mandates that amendments on multiple distinct subjects be submitted as separate ballot items. The bill permits municipalities to provide summaries of arguments for and against the proposed amendments and introduces a petition process for electors to contest ballot designations. The petition must be signed by at least one percent of the municipality's electors and include specific information about the contested designation. The bill outlines the procedures for the municipal clerk's review and the Secretary of the State's determination on the compliance of the contested designation. Insertions in the bill include specific language clarifying the petition requirements and the process for superseding a previously prepared designation.
The bill also amends existing statutes to align with the new provisions, including the manner in which the municipal clerk files statements with the Secretary of State and the form of the designation on the ballot. It exempts proposed charter amendments or home rule ordinance amendments from certain requirements concerning the dissemination of concise summaries of arguments. The bill introduces a fiscal impact statement indicating potential costs to the state and municipalities, and sets an effective date of July 1, 2024. The bill details the petition review process, the secretary of state's role in approving or rejecting designations, and the appeal process to the Superior Court for rejected designations. The Government Administration and Elections Committee has given the bill a Joint Favorable Substitute recommendation.
Statutes affected: Raised Bill: 7-191, 9-369
GAE Joint Favorable Substitute: 7-191, 9-369
File No. 490: 7-191, 9-369