INITIATIVE PETITION(Municipality Or Home Rule Township)

Form No. 6-I Prescribed by Secretary of State (03-09)

INITIATIVE PETITION(Municipality or Home Rule Township)

Revised Code 504.14, 731.28-.41, 3501.38, 3503.06

NOTE: Prior to circulation of an initiative petition proposing an ordinance or measure, a certified copy of such ordinance or measure must be filed with the City Auditor, Village clerk or Township Fiscal Officer (home rule township). This petition must be signed by ten percent of the number of electors in the city, village or unincorporated area of the township who voted for governor at the preceding gubernatorial election and must be filed with the City Auditor, Village Clerk or Township Fiscal Officer.

(NOTE –The below notice must be printed in red.)

NOTICE – Whoever knowingly signs this petition more than once, signs a name other than his own, or signs when not a legal voter, is liable to prosecution.

To the ______Clerk of Council______of the _____City______of

(City Auditor, Village Clerk or Township Fiscal Officer) (City, Village or Township)

_Toledo______, Ohio:

(Name of City, Village or Township)

We, the undersigned, electors of the ____City______of ____Toledo______, Ohio

(City, Village or Township) (Name of City, Village or Township)

respectfully propose to the electors of such city, village or township for their approval or rejection at the general election to be held on the __4th__ day of November, __2014_ the following Ordinance:

The following is a full and correct copy of the title and text of the proposed Ordinance:

Toledo Initiative In Support of the Movement to Amend the U.S. Constitution To Establish That Corporations Are Not People And Money Is Not Speech

WHEREAS, free and fair elections are essential to American democracy and effective self-governance, and

WHEREAS, the U.S. Supreme Court, over several decades, has granted corporations the Constitutional rights of natural persons, most recently in a 2010 decision, Citizens United v. the Federal Election Commission, in which a majority of the court overturned some provisions of the federal Campaign Reform Act enacted in 2002, and interpreted the First Amendment of theConstitution to give corporations the same free speech protections as natural persons; and

WHEREAS, the Court's decision in effect allows unlimited corporate spending to influence campaigns, elections, lawmaking and public policy decisions; and

WHEREAS, the Court's decisions severely restrict the ability of federal, state and local governments to enact reasonable campaign finance reforms and regulations regarding corporate political activity; and

WHEREAS, the preservation and protection of our democracy depends upon the informed participation of the citizens; and

WHEREAS, local governments, through public hearings and other means, can provide valuable opportunities for citizens to learn and discuss issues that have a profound impact on their lives; and

WHEREAS, the people of the United States have previously used the constitutional amendment process to correct decisions of the U.S. Supreme Court that are widely deemed to be egregious or wrongly decided or significantly out-of-step with the prevailing values of the populace; and

THEREFORE BE IT ORDAINED by initiative by the People of the City of Toledo, Ohio the new Chapter 129 of the

Ordinances of the City of Toledo:

Section.129.01. Beginning in the year following passage of this initiative, the Mayor and City Council shall designate one day in the month ofMarch as “Democracy Day.” On this day, the Mayor and City Council shall sponsor a Public Hearing in a public space within the City. The City shall publicize the Public Hearing on its website and through area media at least one (1) month in advance of the Hearing. The Public Hearing will examine the impact of political contributions of corporations, unions, PACS and Super-PACS on the City, as well as other issues that arise from the Supreme Court’s decisions to give corporations the rights of real persons.The Mayor and at least one (1) CityCouncilperson shall submit testimony at the public hearing. In addition, all citizens of Toledo will be permitted to submitoral testimony for a period of at least 10 minutes per citizen.

Section.129.02. Within two (2) weeks following the Public Hearing, the Mayor shall send a letter to the Toledo members of the Ohio Legislature, the leaders of the Ohio House and Senate, and Toledo’s U S congressional delegation summarizing the main issues raised at the hearing and stating that the citizens of Toledo in November 2014 voted in support of a Citizens’ initiative calling for a constitutional amendment declaring:

A) Only human beings, not corporations, are legal persons with constitutional rights,

B) Money is not equivalent to speech, and therefore regulating political contributions and spending is not equivalent to limiting political speech.

Section.129.03. The annual Public Hearings will cease if and when a constitutional amendment reflecting the principles set forth in Section 129.02 is ratified by ¾ of state legislatures.

Section.129.04. This initiative shall take effect and be included in the City Ordinances at the earliest date permitted by law.

The following five electors comprise the committee in charge of this proposed Ordinance:

Printed name: ______Signature: ______

Background: City of Toledo Charter relevant sections regarding initiatives and referendums.

CHAPTER VI. INITIATIVE, REFERENDUM AND RECALL

Section 75. Ordinances may be initiated.

Any proposed ordinance may be submitted to the Council by petition filed with the Clerk and signed by electors of the City equal in number to twelve percent (12%) of the total number of votes cast for all candidates for Mayor at the most recent general municipal election at which the Mayor was elected.

Section 76. Duty of Council when petition sufficient.

If the certificate of the Clerk shows the petition to be sufficient, the Clerk shall submit the proposed ordinance to the Council at its next regular meeting. The Council shall at once proceed to consider the same and shall take final action thereon, within thirty days from the date of the submission thereof. If the Council fails to adopt such proposed ordinance it shall be submitted to the vote of the electors in the same manner as for an ordinance upon which a referendum vote is demanded.

Section 77. Proceedings for referendum when Council amends.

Section 77.Proceedings for referendum when Council amends.

If the Council passes the proposed ordinance with amendment substantially changing its tenor or effect, the ordinance in its original form shall be submitted to a vote as in the case of failure to pass in any form, provided that the proponents thereof secure and cause to be filed with the Clerk, within fifteen days after final action by the Council, an additional petition for the adoption thereof signed by electors of the City equal in number to at least one percent of the total number of ballots cast for Members of Council at the preceding municipal election; provided that no elector having signed the original petition or for such ordinance shall be eligible to sign the additional petition, and no signatures made or petition paper signed before action by the Council on the original petition shall be valid for the additional petition. If the ordinance as originally proposed is adopted by the electors, the amended ordinance as passed by the Council, shall be without effect, and in any case the operation of such amended ordinance shall be suspended until a referendum is possible to be had.

Section 78. Ordinance to repeal may be initiated.

Proposed ordinances for repealing any existing ordinance in whole or in part may be submitted to the Council as provided in the preceding sections for initiating ordinances.

Section 79. Compulsory referendum of certain measures - franchises.

Section 79. Compulsory referendum of certain measures - franchises.

No ordinance or resolution for a public improvement requiring or authorizing the expenditure of more than fifteen percent (15%) of the average gross annual current operating expenditures by the City for the five (5) fiscal years immediately preceding, or for the granting of a general public utility franchise, shall be effective until the same shall be approved by a majority vote of the electors voting thereon; provided, however, no convention center, exhibit hall, sports arena, or municipal theater, other than a sports arena located in the City's Marina District, being the area bounded by the Maumee River, Interstate Highway 280, Front Street and Main Street, shall be constructed, acquired, or leased unless the ordinance or resolution authorizing construction bidding, acquisition, or leasing shall have been approved by a majority vote of the electors voting thereon, whether or not such ordinance or resolution requires or authorizes the expenditure of more or less than fifteen percent (15%) of the average gross annual current operating expenditures by the City for the five (5) fiscal years immediately preceding. A general public utility is one in which all the people of the City may have an interest.

Section 80. Duty of Clerk to request election thereon.

Section 80.Duty of Clerk to request election thereon.

Within five days after the passage of an ordinance or resolution within the provisions of the preceding section, the Clerk of the Council shall request the election authorities to call a special election to be held not less than thirty nor more than fifty days after the passage of such ordinance or resolution.

Section 81. Referendum on Petition.

Section 81.Referendum on Petition.

Every ordinance shall be subject to the referendum if at any time within thirty (30)days after its adoption a petition signed by electors of the City equal in number to at least twelve percent (12%) of the total number of votes cast for all candidates for Mayor at the most recent general election at which the Mayor was elected be filed with the Clerk requesting that such ordinance be submitted to the people for consideration.

Section 82. Ballots on referendum.

Section 82.Ballots on referendum.

The ballots used in voting upon any measure submitted to the electors for approval shall contain the title and subject thereof, which may be stated in the title, and underneath the two propositions, "For the ordinance (resolution or amendment)" and "Against the ordinance (resolution or amendment)." Immediately at the left of each proposition there shall be a square in which by making a cross (X) the voter may vote for or against the proposition.

Section 83. Elections on Referendum and Initiative Petitions.

Section 83.Elections on Referendum and Initiative Petitions.

Elections as to initiative and referendum petitions shall be held at the next regular general or primary election occurring not less than seventy-five (75) days after the Clerk certifies the issue to the election authorities.

Section 84. Effect of approving vote.

Section 84.Effect of approving vote.

If a majority of the votes cast be in favor of a measure submitted to referendum, the same shall thereupon become adopted as if it had been passed by Council; or in case of an amendment to the Charter, it shall become of full force as a part thereof.

Section 85. Emergency measures subject to referendum.

An emergency measure shall be subject to a referendum as other ordinances or resolutions. If, upon a referendum, it be not approved, it shall stand repealed, but any expense incurred in accordance with the provisions thereof and before the disapproval by referendum shall be paid under the authority thereof as if the measure were still effective. Until repealed upon referendum it shall continue effective.

Section 86. Power of the Council to amend or repeal.

After the people have legislated for themselves, either by initiating legislation or passing favorably or unfavorably upon legislation referred to them by any body, their action is final and shall not be subject to amendment or repeal, without a general vote of the people of Toledo on same.

Section 87. Recall of officer by petition.

(Repealed by electors 11-6-34)

Section 87A. Removal of Officer by Recall Petition.

Section 87A.Removal of Officer by Recall Petition.

Any elected officer provided for in this Charter may be removed from office by the electors by the following procedure:

A petition for the recall of the elected officer containing a statement in not more than two hundred (200) words of the grounds for the recall may be circulated once in any calendar year within a circulation period not to exceed ninety (90) days, and may be filed with the Clerk of Council. Such petition to be sufficient shall be signed by at least that number of electors which equals twenty-five percent (25%) of the electors voting at the last regular City election for that office. Within ten (10) days after the day on which such petition shall have been filed, the Clerk shall determine whether or not it meets the requirements hereof. If the Clerk shall find the petition insufficient, the Clerk shall promptly certify the particulars in which the petition is defective, deliver a copy of the certificate to the person who filed the petition, and make a record of such delivery. Such person shall be allowed a period of twenty (20) days after the day on which such delivery was made in which to make the petition sufficient. If the Clerk shall find the petition sufficient, the Clerk shall promptly so certify to the election authorities, shall deliver a copy of such certificate to the officer whose removal is sought, and shall make a record of such delivery. If such officer shall not resign within five (5) days after the day on which such delivery shall have been made, the election authorities shall thereupon fix a day for holding the recall election at the next regular municipal election held not less than sixty (60) days after the expiration of the period of five days last mentioned. No petition to recall shall be filed within one (1) year after an officer takes office.

Section 87B. Ballots.

Section 87B.Ballots.

The ballots at such recall election shall conform to the following requirements: With respect to each person whose removal is sought, the question shall be submitted: Shall (name of person) be removed from the office of (title of office) by recall. Immediately following each such question there shall be printed on the ballots the two propositions in the order here set forth: For the recall of (name of person); Against the recall of (name of person).

Section 87C. Filling of Vacancies Created by Recall.

In any such recall election, if a majority of the votes cast on the question of removal of any officer is affirmative, the person whose removal is sought shall thereupon be deemed removed from office upon the certification of the official results of that election and the vacancy caused by such recall shall be filled in the manner provided in this Charter for filling vacancies in such office. The officer removed by such recall election shall not be eligible for appointment to the vacancy created thereby.

Section 87D. Term Limitations.

(a)No person shall serve more than twelve (12) consecutive years on the Council and shall not be placed on the ballot for election for any term if service for the full term would constitute a violation hereof; except that the two (2) year term served by district Council members during 2002 and 2003 in order to commence "staggered terms" will not count against the permitted total of twelve (12) consecutive years or be considered an "interruption" for purposes of determining the twelve (12) consecutive years a person has served. For purposes of this section no distinction shall be made between an at-large or district Council member except for the district Council members serving two years terms during 2002 and 2003. A Council member who has completed service of twelve (12) consecutive years may be elected or appointed to City Council if such term or partial term for which the Council member is elected or appointed shall commence no earlier than one year from the date on which such Council member completed his or her twelve (12) consecutive years of service on City Council.

(b)No person shall serve more than two (2) consecutive four (4) year terms as Mayor; provided, however, that service in the position of Mayor pursuant to appointment or succession to that office, or service on the Council pursuant to appointment to the position of Mayor, shall not be credited toward any term limitation.

Section 88. Validity of recall petitions.

Section 88.Validity of recall petitions.

(Repealed by electors 11-6-34)

Section 89. Proceeding when petition sufficient.

(Repealed by electors 11-6-34)

Section 90. Conduct of election - candidates - ballots.

(Repealed by electors 11-6-34)

Section 91. Limitation on recall elections.

Section 91.Limitation on recall elections.

(Repealed by electors 11-6-34)

Section 92. Requirements of petition.

Section 92.Requirements of petition.

A petition to initiate an ordinance, or for a referendum of an ordinance or resolution, or of an amendment to this charter, need not be made on one paper, but may be the aggregate of two or more petition papers. Each signer of a petition paper shall sign his or her name in ink or indelible pencil, and shall place thereon, after his or her name, his or her place of residence by street and number. To each paper there shall be attached an affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant.