MORGANTOWN — Morgantown Coalition for Housing Action (MoCHA) has notified City Clerk Christine Wade that it intends to amend its petition to overturn the city’s camping ban.
Communications Director Brad Riffee told The Dominion Post the clerk was notified of the group’s intent via a Monday morning email.
As reported, the threshold to overturn an ordinance by referendum is a petition including the signatures of 10% of the city’s registered voters during the most recent municipal election.
The magic number in this case is 1,310. MoCHA’s initial petition included north of 2,000 signatures, 956 of which could be verified by the clerk’s office.
According to the city charter, the group now has 10 days to amend the petition to come up with 354 verified signatures. The new deadline is Nov. 6.
Asked if the amendment window must be limited to verifying signatures contested by the clerk’s office or if new signatures can be obtained, the city said invalidated signatures can be amended and new signatures can be added.
“Nothing in the charter appears to limit that,” Riffee explained, adding, “The City Clerk will be issuing guidance that includes a note that during the 10-day amendment period the circulators may collect additional signatures.”
The Dominion Post reached out to representatives of MoCHA but didn’t receive a response in time for this report.
Based on social media posts, MoCHA received certified mail explaining the clerk’s findings on Saturday and restarted the canvassing effort on Sunday.
As per the referendum process spelled out in the city code, the camping ban ordinance has been suspended from taking effect while the process plays out.
If, at the end of the 10-day amendment window, the clerk once again deems the petition insufficient, the petitioners have two days to request the petition receive a final determination from Morgantown City Council at its next meeting.
Beyond that, the matter can be taken into circuit court.
Or the process could just start over again.
According to the city’s charter Sec. 8.04(c), “A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.”
Should the petitioners continue the effort and ultimately obtain the 1,310 verified signatures, city council would be mandated to “promptly” reconsider the ordinance by voting on its repeal. If council failed to repeal the ordinance within 30 days after the petition is deemed valid, the issue would go before the city’s voters.
