A. Do You Need a Referendum? B. The Referendum Process C. Enabling Legislation Back to Open Space Financing main page. A. Do You Need a Referendum? If the proposed open space financing does not put a local government over its statutory debt or tax limits, there is no need for a referendum. ( Learn more about statutory debt and tax limits ). However, a referendum may be a means to send a strong signal from the voters to wavering or uncooperative elected officials. If the proposed financing will cause the local government to exceed its tax or debt limits, voter approval through a referendum is required. Authority to conduct the referendum and incur electoral debt is found in both Act 153 and the Local Government Unit Debt Act. If a referendum is carried out pursuant to Act 153, the money will need to be spent under the strict planning rules laid out in Act 153. Some municipalities have decided to hold open space bond referenda under the more general authority of their municipal codes and the Local Government Unit Debt Act, instead of Act 153. Until the judicial system resolves the issue of which statute controls in this situation, it may be prudent to follow the more specific Act 153. Back to the top. B. The Referendum Process Getting a referendum question on a ballot involves a few critical steps, all of which are set forth in the Pennsylvania Election Code (P.L. 1333, No. 320). First, the supervisors or county commissioners must pass an ordinance to have the question placed on the ballot. ( See model debt and EIT election ordinances, 27K PDF File.). For tax measures, the ordinance is then filed with the county board of elections at least 13 Tuesdays before the next primary or general election. The question for approval of a dedicated tax must be phrased in the following words: "Do you favor the imposition of a [describe the tax in millage or rate] by [local government unit] to be used to [purpose]?" For a debt referendum, the question must be submitted to the county board of elections at least 45 days in advance of the election and be phrased substantially as follows: "Shall debt in the sum of [amount] dollars for the purpose of financing [describe purpose] be authorized to be incurred as debt approved by the electors?" It is also necessary to publish election notices in local newspapers and legal journals beginning no earlier than three weeks before the election, but no later than two weeks before the election. For both tax and debt referendum questions, the purpose should be described carefully so that the intent is clear to the voters and so that it authorizes all of the intended activities. An example might be "... for the acquisition of land and conservation easements for open space, recreation and the preservation of farmland." Of course, each referendum question must be customized to fit the situation at hand. No petition or other action is legally required for municipal officials to put a question on the ballot. In some cases, if the officials are hesitant, proponents may gather signatures or conduct a poll in order to help persuade them. Back to the top. C. Enabling Legislation The approval of a referendum question by the voters is a wonderful accomplishment, as it shows true grass roots support for open space financing. But the victory is not yet won: approval by the voters is not binding on elected officials. A successful referendum is a necessary step if the elected officials are planning to exceed taxation or debt limits, but the approval of the voters by itself does not cause the tax to be implemented or the debt to be incurred. In all cases, the elected officials must pass an ordinance in order to actually enact the proposed financing. ( See model debt and EIT enabling ordinances, 64K PDF File. ) Back to the top.