§ 5.12. Matters Pertaining to Initiative, Referendum, or Recall Petitions  


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  • A)

    An initiative, referendum, or recall petition may be withdrawn at any time prior to forty-five (45) days preceding the day on which the election is scheduled to be held, by filing with the Town Clerk a written request for withdrawal signed by the persons designated in the petition as the petitioners' representatives. Except as provided in Subsection (B), the petition shall have no further force or effect, and the proceedings shall be terminated, upon the filing of the request.

    B)

    With regard to an initiative or referendum petition only, the persons designated in the petition as the petitioners' representatives may reinstate the petition after withdrawal by filing a notice of reinstatement within ten (10) days after the date on which the request for withdrawal was filed. Once so reinstated, there shall be no further right of withdrawal.

    C)

    The Town Clerk shall identify, in a written decision, the specific grounds on which an initiative, referendum, or recall petition is rejected, including the specific reasons for any determination under Section 5.1(B) that a proposed ordinance contains more than one (1) subject. A copy of the decision shall be furnished to the person or persons who submitted the petition.

    D)

    The Town Clerk shall not count as valid any signature on an initiative, referendum, or recall petition if the date of the signature is prior to the date on which the Town Clerk approved the form of the petition.

    E)

    No signature on an initiative, referendum, or recall petition shall be stricken solely on the basis of a minor irregularity that does not prevent the reasonable verification of the signer's name and address against voter registration records.