SUBJECT/RECOMMENDATION:
Title
Approve Certificate of City Clerk regarding a Citizen Initiative Petition requiring voter approval for the vacation of public right-of-way in the Downtown. (APH)
Body
SUMMARY:
Article VI of the city charter provides that any five voters may commence initiative proceedings by filing with the City Clerk an affidavit and the proposed initiative ordinance. The five voters shall constitute as the Petitioner’s Committee.
The city charter requires that the initiative petition must be signed by voters of the city equal in number to at least 10 % of the total number of voters registered to vote in the last regular city election; that all papers of a petition must be in uniform size and style; and that each paper of a petition shall have attached to it an affidavit of the circulator.
In the last regular city election, there were 70,675 registered voters. For an initiative petition to be sufficient, the petition would need to be signed by at least 7,067 voters.
On June 13, 2025, the Petitioner’s Committee, comprised of five people, filed an initiative petition and a proposed ordinance requiring voter approval for the vacation of public right-of-way in Downtown Clearwater CRA.
On October 7, 2025, the Petitioner’s Committee added two additional people because one of the original five members was not a qualified voter of Clearwater.
The first day that the Petitioner’ Committee included five voters was October 7, 2025.
On March 17, 2026, the Petitioner’s Committee submitted petitions signed by approximately 8,051 individuals.
Pursuant to Section 6.06, staff reviewed the Initiative Petition and determined that the signature petitions contained 2,702 valid signatures and 5,349 invalid signatures.
4,306 signatures were collected prior to the Petitioner’s Committee being comprised of five voters on October 7, 2025. Since the Petitioner’s Committee was not comprised of five voters prior to October 7, 2025, all signatures collected prior to October 7, 2025 are invalid. Section 6.05(b) requires the petition contain or have attached hereto throughout the circulation the full text of the ordinance proposed. The petitions submitted on March 17, 2026 did not contain the full text of the proposed ordinance or have attached hereto the proposed ordinance.
The Initiative Petition was deemed insufficient due to the lack of required number of valid signatures as required by Section 6.05(a) and failing to comply with Section 6.05(b). Pursuant to Section 6.06, the Certificate of City Clerk was issued on April 2, 2026. The Certificate was sent by registered mail to the Petitioner’s Committee and was received by the Committee on April 7, 2026.
On April 6, 2026, the Petitioner’s Committee submitted a notice of intention to amend pursuant to Section 6.06(a).
On April 17, 2026, the Petitioner’s Committee submitted petitions signed by approximately 701 individuals.
Upon examination of the Amended Initiative Petition, it was determined that the signature petitions contained 506 valid signatures and 195 invalid signatures.
On April 10, 2026, the Pinellas County Supervisor of Elections provided the city with an additional voter roll containing 309 registered voters. Based upon this additional voter roll, it was determined that an additional 3 signatures were signed by individuals who are voters of the City and are valid.
4,306 signatures were collected prior to the Petitioner’s Committee being comprised of five voters on October 7, 2025. Section 6.04 of the charter requires five voters to commence initiative proceedings. Since the Petitioner’s Committee was not comprised of five voters prior to October 7, 2025, all signatures collected prior to October 7, 2025 are invalid.
A summary of the Initiative Petition and Amendment is as follows:
Total signatures submitted: 8752
Total valid signatures: 3211
Total invalid signatures: 5541
Total invalid signatures due to address not matching voter roll: 35
Total number of instances where voter signed more than once: 40
The Petitioner’s Committee requested that 4,306 signatures be reconsidered and not excluded without review. Staff reviewed and determined that 1,231 signatures were signed by individuals who were not registered voters of the City and would be invalid. 2,956 signatures were signed by individuals who are voters of the City and would be valid if the signatures collected prior to October 7, 2025 are considered. Therefore, even if signatures collected prior to October 7, 2025 are considered, the Initiative Petition and Amendment are still insufficient due to the lack of required number of valid signatures.
A summary is as follows:
Total signatures submitted: 8,752
Total valid signatures if signatures collected prior to October 7, 2025 are counted: 6,167
Total invalid signatures if signatures collected prior to October 7, 2025 are counted: 2,391
Total invalid signatures due to address not matching voter roll: 90
Total number of instances where voter signed more than once: 104
The Initiative Petition and Amendment are deemed insufficient due to the lack of required number of valid signatures as required by Section 6.05(a) and failing to comply with Section 6.05(b). The Certificate of City Clerk (Petitioner’s Amendment) was issued on April 22, 2026.
On April 23, 2026, the Petitioner’s Committee requested Council Review pursuant to Section 6.06(b) of the charter.
Staff recommends that City Council approve the Certificate of City Clerk.