KCMO Office of the City Clerk

A referendum is a process provided in the City Charter by which any ordinance passed by the City Council, except emergency ordinances, can be voted on by the voters of Kansas City. The referendum petition requests a particular ordinance be repealed by the City Council or submitted to a vote of the voters. An ordinance presented to the voters by referendum process is called a referred ordinance. A referendum is not a constitutional right.

What is the first step in the referendum process?

Generally, ordinances other than emergency ones take effect 10 days after adoption by the City Council. Sometimes an ordinance can specify an even later date that it will take effect. The referendum process can “suspend” the effectiveness of an ordinance. An ordinance will not take effect (within 10 days or on the later effective date) if within the 10-day period after passage a notice signed by at least 100 registered voters of Kansas City stating their intention to circulate referendum petitions can be filed with the city clerk. [Charter Sec. 15(b)(2)]

How many voters must sign a referendum petition?

A referendum petition must be signed by registered voters of Kansas City, Mo., equal in number to at least 10 percent of the total votes cast for candidates for the office of mayor at the last preceding regular municipal election. Contact the Kansas City Board of Election Commissioners or the city clerk for the exact number of people who cast a vote for candidates for the Office of Mayor at the last preceding regular municipal election. [Charter Sec. 430]

Where and when must a referendum petition be filed?

A referendum petition must be filed with the city clerk within 40 days after the passage of the ordinance in question (within 40 days after the date the ordinance was passed by the City Council). [Charter Sec. 430]

What is a Committee of Petitioners?

Each referendum petition must include a statement giving the names and addresses of five registered voters of Kansas City, Mo. These people are officially regarded as the people who are filing the petition. [Charter Sec. 443]

What happens after the referendum petition is filed with the City Clerk?

The city clerk examines the referendum petition and forwards it to the appropriate election authorities to check the names validate all who signed are registered voters in Kansas City, Mo. If the petition has a sufficient number of signatures and is otherwise sufficient, the city clerk will issue a Certificate of Sufficiency. [Charter Sec. 431]

What happens if there are an insufficient number of signatures or the referendum petition is otherwise insufficient?

The city clerk will issue a Certificate of Insufficiency that sets out the particulars in which the petition is insufficient. The Committee of Petitioners will have 10 days after the making of the Certificate of Insufficiency to file a supplementary referendum petition to include additional signatures. The supplementary petition will again be examined and the signatures checked to determine its sufficiency within five days of its filing. If the petition is sufficient, the clerk will issue a Certificate of Sufficiency. If not, the clerk will issue a Certificate of Insufficiency. If a Certificate of Insufficiency is again issued, no further action will be taken on the referendum petition. [Charter Sec. 443]

If a referendum petition is found sufficient, what is the next step?

The city clerk will certify the sufficiency of the petition to the City Council at its next regular meeting. Upon receipt of the clerk’s certificate, the City Council will proceed to reconsider the referred ordinance. The question put to the council will be: “Shall the ordinance (or part of the ordinance) specified in the referendum petition be repealed?” If the referred ordinance is not repealed, it will be submitted to the voters at the next available municipal or state election held at least 30 days after the council’s final vote. [Charter Sec. 431]

Is the City Council required to repeal the ordinance that is the subject of the referendum petition?

No. A referendum just refers the ordinance back to the City Council for another vote. Councilmembers may use their judgment on whether they believe the referred ordinance should be adopted or rejected. If the council does not reject the ordinance, it is submitted to the voters for their approval or rejection.

Can just part of an ordinance be the subject of a referendum petition?

Yes. The entire ordinance or any part there can be subject to referendum. [Charter Sec. 430 & 431]

Must the referendum petition contain the text of the ordinance?

No. If repeal of the entire ordinance is sought, the petitions are not required to contain the entire text of the ordinance or the entire text of any sections of that ordinance. If repeal of only a portion of the ordinance is sought, that section or the ordinance (not the entire ordinance) must be set out in the petition.

If an ordinance is submitted to the voters, what is the ballot title and who writes the ballot title?

The ballot title may be the legal title of the referred ordinance. It also may be a concise and unprejudiced statement of the ordinance (or parts of the ordinance) sought to be repealed which may be written by City staff. [Ordinance Sec. 432]

How many votes does it take for the ordinance to be voted down or to be adopted?

A majority of the votes cast on that ballot question. If two or more referred ordinances are presented to the voters at the same election and those ordinances conflict in any of their provisions, the ordinance adopted that receives the highest affirmative or “for the ordinance” vote shall be deemed adopted. The others will be deemed not adopted even if they have received a majority “for the ordinance” vote.