§ 2661. Reconsideration or rescission of vote
(a) A warned article voted on at an annual or special meeting of a municipality shall
not be submitted to the voters for reconsideration or rescission at the same meeting
after the assembly has begun consideration of another article. If the voters have
begun consideration of another article, the original article may only be submitted
to the voters at a subsequent annual or special meeting duly warned for the purpose
and called by the legislative body on its own motion or pursuant to a petition requesting
such reconsideration or rescission signed and submitted in accordance with subsection
(b) of this section. A vote taken at an annual or special meeting shall remain in
effect unless rescinded or amended.
(b) If a petition requesting reconsideration or rescission of a question considered or
voted on at a previous annual or special meeting is filed with the clerk of the municipality
within 30 days following the date of that meeting, the legislative body shall provide
for a vote by the municipality in accordance with the petition within 60 days of the
submission at an annual or special meeting duly warned for that purpose. The number
of signatures required for a petition for reconsideration or rescission shall be not
less than five percent of the registered voters unless the voters of the municipality
increase that percentage pursuant to the following:
(1) At a meeting duly warned for the purpose, the voters of a municipality may require
that a petition for reconsideration be signed by a percentage of registered voters
that is not less than five percent nor greater than 20 percent.
(2) A vote to increase the percentage of voters required to sign a petition for reconsideration
or rescission to up to 20 percent shall be in substantially the following form: “Shall
the (name of municipality) increase the percentage of voters required on a petition
for reconsideration or rescission from five to (up to 20) percent?”
(3) Once the voters of a municipality have voted to require a new percentage, that percentage
shall remain in effect until the voters of the municipality vote to change the percentage.
(c) A question voted on shall not be presented for reconsideration or rescission at more
than one subsequent meeting within a one-year period, except with the approval of
the legislative body.
(d) For a vote by Australian ballot:
(1) The form of the ballot shall be as follows: “Article 1: [cite the article to be reconsidered
as lastly voted].”
(2) Absentee ballots for the reconsideration or rescission vote shall be sent to any voter
who requested an absentee ballot for the initial vote on the article to be reconsidered
or rescinded, whether or not a separate request for an absentee ballot for the reconsideration
or rescission vote is submitted by the voter.
(e) A majority vote in favor of reconsideration or rescission of a question voted on by
paper or Australian ballot shall not be effective unless the number of votes cast
in favor of reconsideration or rescission exceeds two-thirds of the number of votes
cast for the prevailing side at the original meeting unless the voters of the municipality
approve a different percentage pursuant to the following:
(1) At a meeting duly warned for the purpose, the voters of a municipality may require
that a vote in favor of reconsideration or rescission shall not be effective unless
the number of votes cast in favor of reconsideration or rescission exceeds a certain
percentage of the number of votes cast for the prevailing side at the original meeting.
(2) A vote to increase or decrease the percentage shall be in substantially the following
form: “Shall the (name of municipality) change the percentage of votes cast in favor
of reconsideration or rescission required for a vote to reconsider or rescind a question
considered or voted on at a previous annual or special meeting to be effective to
(percentage)?”
(3) Once the voters of a municipality have voted to require a new percentage, that percentage
shall remain in effect until the voters of the municipality vote to change the percentage.
(f) A municipality shall not reconsider a vote to elect a local officer.
(g) This section shall not apply to nonbinding advisory articles, which shall not be subject
to reconsideration or rescission. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1979, No. 200 (Adj. Sess.), § 105; 1991, No. 235 (Adj. Sess.); 2007, No. 36, § 1; 2013, No. 161 (Adj. Sess.), § 50; 2017, No. 50, § 52.)