Township of Kingston, PA
Luzerne County
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(a) 
Initiative. The qualified voters of the township shall have power to propose ordinances to the board of supervisors and, if the board of supervisors fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a township election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes, or salaries of township officers or employees.
(b) 
Referendum. The qualified voters of the township shall have power to require reconsideration by the board of supervisors of any adopted ordinance and, if the board of supervisors fails to repeal an ordinance so reconsidered, to approve or reject it at a township election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.
Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the township clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioners' committee is filed the Clerk shall issue the appropriate petition blanks to the petitioners' committee.
(a) 
Number of Signatures. Initiative and referendum petitions must be signed by qualified voters of the township equal in number to at least fifteen percent (15%) of the total number of qualified voters registered to vote at the last regular township election.
(b) 
Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.
(c) 
Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
(d) 
Time for Filing Referendum Petitions. Referendum petitions must be filed within thirty (30) days after adoption by the board of supervisors of the ordinance sought to be reconsidered.
(a) 
Certificate of Clerk; Amendment. Within twenty (20) days after the petition is filed, the township clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective, and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within two (2) days after receiving the copy of his certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of section 903, and within five (5) days after it is filed the Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition. If a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request board of supervisors' review under subsection (b) of this section within the time required, the Clerk shall promptly present his certificate to the board of supervisors and the certificate shall then be a final determination as to the sufficiency of the petition.
(b) 
Board of Supervisors' Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it, or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the board of supervisors. The board of supervisors shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the board of supervisors' determination shall then be a final determination as to the sufficiency of the petition.
(c) 
Court Review; New Petition. A final determination as to the insufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.
When a referendum petition is filed with the township clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
(1) 
There is a final determination of insufficiency of the petition; or
(2) 
The petitioners' committee withdraws the petition; or
(3) 
The board of supervisors repeals the ordinance; or
(4) 
Thirty (30) days have elapsed after a vote of the township on the ordinance.
(a) 
Action by Council. When an initiative or referendum petition has been finally determined sufficient, the board of supervisors shall promptly consider the proposed initiative ordinance in the manner provided in Article IV or reconsider the referred ordinance by voting its repeal. If the board of supervisors fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days, or fails to repeal the referred ordinance with thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the township.
(b) 
Submission to Voters. The vote of the township on a proposed or referred ordinance shall be held not less than thirty (30) days and not later than one year from the date of the final board of supervisors' vote thereon. If no regular township election is to be held within the period prescribed in this subsection, the board of supervisors shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the board of supervisors may in its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.
(c) 
Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the township by filing with the township clerk a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request the petition shall have no further force of effect and all proceedings thereon shall be terminated.
(a) 
Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the board of supervisors. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
(b) 
Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.