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City solicitor recommends removing petition-signature limit from charter; committee refers amendment to council
Summary
Legal staff recommended deleting a charter phrase that limits the number of candidate petitions a voter may sign; the committee voted to forward the charter amendment process to the city council for a public hearing and potential referendum.
City Solicitor David Sobchak told the Government Operations Committee on Aug. 5 that a provision in Article 6, Section 3 of the city charter limits the number of candidate petitions a single voter may sign to the number of vacancies for that office, and that the legal department views the provision as of questionable enforceability under First Amendment protections for political speech.
Sobchak described the change as a narrow charter amendment (deleting a phrase) rather than a broader charter revision. The recommended process would be for the council to issue an order scheduling a public hearing, publish notice, hold the hearing and then vote on whether to place the amendment on an upcoming referendum ballot. Sobchak said the provision has been enforced informally by the city clerk, who has not counted signatures beyond the limit and has advised candidates when more signatures are needed.
Committee members discussed local practice and the small-town context that can make overlaps in signatories common. A motion to move the staff recommendation passed in committee; the matter will go to the full council and, if approved there, to the ballot for voter consideration. The transcript records the committee approval but does not list a roll-call vote tally.
