Voters May Not Petition An Ordinance . In one town, voters decided they would petition to compel the selectboard to adopt an ordinance when the selectboard decided not to pursue the matter on its own. While the voters could submit an advisory petition, asking the selectboard to reconsider its decision, the voters cannot compel the selectboard to adopt an ordinance. Voters may only vote to disapprove an ordinance approved by the selectboard. However, if you live in a town or city with a governance charter, check your charter.
Some charters permit petitioned ordinances.
May Refuse A Petition. The selectboard does not have to accept and place on the warning every petition signed by five percent of the voters. The Vermont Supreme Court has written that voters cannot compel the selectboard to hold a special town meeting for a useless, frivolous or unlawful purpose. Before you go to the trouble of circulating a petition, make sure that the voters actually have the authority to weigh in on that particular issue. The rules governing reconsideration votes apply to a vote on zoning bylaws.