Section 4.03. Procedures for Initiative and Referendum Petition.
(A) Application. An initiative is proposed by first filing with the borough clerk an application containing the provision or legislative measure to be initiated or referred. The application shall include the name and address of a contact person and an alternate and shall be signed by at least ten voters who will sponsor the petition. The clerk may accept additional sponsors at any time before the petition is filed. Within 14 days the clerk shall certify the application and prepare the petition if the clerk finds that it is in proper form and that it meets the provisions of this charter. A decision by the clerk on application for petition is subject to judicial review.
(B) Petition format. Each copy of the petition prepared by the borough clerk shall contain
(1) on each page, a summary of the measure to be initiated or referred;
(2) the complete provision or measure;
(3) the date on which the petition is issued;
(4) notice that signatures must be secured within 90 days after the date of issue;
(5) spaces for each signature, printed name, the date of signature, and the residence and mailing address of each signer;
(6) a statement, with space for the sponsor’s sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and
(7) space for indicating the total number of signatures on the petition.
The clerk shall notify the contact person in writing on the day the petition is ready to issue. The contact person is responsible for notifying sponsors who may receive copies of the petition directly from the clerk’s office or through the mail.
(C) Petition Signatures. A petition for initiative or referendum shall be signed by a number of qualified voters equal to at least 25 percent of the voters who cast ballots at the last regular borough election before the petition issue date.
(1) The signatures must be secured within 90 days after the date the petition is issued.
(2) The sponsor must sign the petition.
(3) Signatures must be in ink or indelible pencil, accompanied by a legible printed name and address.
(D) Less-than-areawide initiative and referendum. If an initiative or referendum petition affects only an area that is less than the entire area of the borough, only voters residing in the affected area may sign the petition and vote on the initiative or referendum. The clerk shall determine the number of signatures required on the petition by calculating 25 percent of the number of votes cast by voters in that area at the last regular election held before the date of petition issue.
(E) Sufficiency of petition. Within ten days from the filing of a petition for initiative or referendum, the borough clerk shall certify whether the petition is sufficient. A new petition on substantially the same matter may not be filed sooner than six months after certification.
(F) Protest. If the borough clerk certifies that an initiative or referendum petition is insufficient, a protest may be filed with the mayor within seven days after the certification. The mayor shall present the protest to the assembly for hearing and action at the next regular meeting.