Signatures due March 25 on 1% referendum

The deadline to submit signatures seeking a referendum on a 1% prepared food tax in Fort Smith is 5 p.m., March 25.

A group of restaurant owners began the petition effort on Feb. 25, and will need 2,822 signatures to force the issue to an election that could happen as soon as June 14.

The tax was enacted by the Fort Smith Board of Directors to resolve a more than 10-year search to plug an annual deficit predicted to occur when state turnback money dried up. The state turnback program ended for Fort Smith in June 2010 from which the city received about $1.8 million a year. In 2010, the city received only $888,723. A fund balance will allow the city to cover the convention center shortfall for most of 2011.

Barring a successful citizen-initiated referendum, the tax will go into effect June 1.

On Feb. 15, the Fort Smith board also voted 7-0 to enter into a lease agreement with the Fort Smith Advertising & Promotion Commission to manage the convention center. State law allows only an A&P to collect and manage proceeds of hospitality taxes.

“We have a lot of lieutenants out collecting (signatures), and we’re even planning on doing some house-to-house work,” said Eddie York, owner of Arts BBQ, when asked about progress on the effort.

He estimated they have “at least” 1,000 signatures, and have a goal of collecting up to 5,000 signatures.

“It’s a real difficult deal and we have to get all the signatures lined up with the right precinct, and I’m telling you, it’s just a lot of work. They don’t make it easy,” York said.

York hopes 5,000 signatures will provide them the 2,822 necessary.

“Any little old mistake, whether they are a registered voter or not, they’ll scratch it,” he said.

After the signatures are submitted, Fort Smith City Clerk Sherri Gard and the other two employees in the department have 30 days to verify the signatures. Gard said they take the petition forms to the Sebastian County Clerk’s office and sit down with the voter registration books to verify each signature. She said her three-person office will be busy.

“We’ll probably have two over there at one time, working as fast as possible,” Gard said.

Gard said her office checks numerous items, to include correct precinct, valid signatures, and that each petition page has the necessary statement from the person who witnessed each signature on a particular page. (See below the city code and state law regulating this process.) Also, each petition page must meet state law requirements as to information about the ordinance and ordinance number.

To move quickly, Gard said they mark each signature that is questionable and move on.

“If the signature count is close, then we go back and look at those (questionable signatures),” Gard explained.

If enough signatures are approved, and the board moves quickly to set an election, the earliest an election could be held is June 14, Gard said. Special elections may only be held on the second Tuesday.

CITY AND STATE REFERENDUM LAWS
Sec. 2-66.  Manner of exercise.
The initiative and referendum powers of the people of the city shall be exercised by petition. (Code 1976, § 2-41)

Sec. 2-67.  Filing, content of petition–Initiation.
All initiative petitions shall be addressed to the city clerk and shall contain the title and full text of the measure proposed. All initiative petitions shall be filed with the city clerk at least ninety (90) days before the regular municipal election at which the proposed measure is to be voted upon. (Code 1976, § 2-42)

Sec. 2-68.  Same–Referendum.
All referendum petitions shall be addressed to the city clerk and shall identify the measure sought to be referred by stating at least the number, date of passage and full title of the measure sought to be referred. A full and correct copy of the title and text of the measure sought to be referred shall be attached to the petition and to any separately circulated part of the petition during the time that the petition is being circulated. All referendum petitions shall be filed with the city clerk within thirty (30) days after the date of passage of the measure sought to be referred. (Code 1976, § 2-43)

Sec. 2-69.  Title of ballot.
At the time of filing both initiative and referendum petitions, the exact title to be used on the ballot shall be submitted with the petition by the petitioner. (Code 1976, § 2-44)

Sec. 2-70.  Circulation of petition; affidavit.
Initiative and referendum petitions may be circulated and presented in parts, but each part of any petition shall have attached thereto the affidavit of the person circulating the petition or part thereof that all signatures thereon were made in the presence of the affiant and that to the best of the affiant’s knowledge and belief each signature is genuine and that the person signing the petition or part thereof is a legal voter. (Code 1976, § 2-45)

Sec. 2-71.  Sufficiency of petition.
After receipt of an initiative or referendum petition, the city clerk shall within thirty (30) days determine the sufficiency of the petition. The city clerk may make all necessary factual investigations and may request the counsel of the qualified and licensed attorneys at law contracted to provide legal services pursuant to sections 2-111–2-113 of this Code in reaching a determination as to the sufficiency of the petition. The city clerk may, after giving notice by publication for one (1) insertion in a local newspaper, hold a public hearing at which time the clerk shall hear all persons who wish to be heard on the question of whether such petition is sufficient. If the city clerk determines that the petition is sufficient, the city clerk shall so certify that determination in writing to the board of directors. The decision of the city clerk shall be final unless suit is brought in the Chancery Court of Sebastian County, Fort Smith District, within thirty (30) days of the date of the clerk’s certification to the board of directors. (Code 1976, § 2-46; Ord. No. 3-02, § 5, 1-22-02)

Sec. 2-72.  Placement on ballot.
In the case of an initiative petition, after receipt of the clerk’s certification, the board of directors shall, at its next regular meeting, or at an earlier special meeting, notify the county board of election commissioners that the measure has been initiated and should be placed on the ballot at the next regular municipal election; and the board shall submit a copy of the ballot title for the initiated matter to the county board of election commissioners. In the case of a referendum petition, after receipt of the certification from the clerk, the board of directors shall, at its next regular meeting, or at an earlier special meeting, establish a date for a special election, which date may be the same as the date for the next regular municipal election if such election is to be held within one hundred twenty (120) days, shall notify the county board of election commissioners that the measure has been referred to the vote of the people and shall submit a copy of the ballot title to the county board of election commissioners. (Code 1976, § 2-47)