Chapter 145 Oregon Laws 2001

 

AN ACT

 

HB 2674

 

Relating to elections; creating new provisions; amending ORS 249.037 and 249.722; and declaring an emergency.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 249.037 is amended to read:

          249.037. (1) A nominating petition or declaration of candidacy shall be filed not sooner than the [250th] 415th day and not later than the 70th day before the date of the biennial primary election.

          (2) Notwithstanding subsection (1) of this section, a declaration of candidacy for the office of precinct committeeperson shall not be filed before February 1 immediately preceding the biennial primary election.

 

          SECTION 2. ORS 249.722 is amended to read:

          249.722. (1) Except as provided in subsection (3) of this section, a certificate of nomination of a candidate for public office shall be filed not sooner than the [15th day after the date of the biennial primary election] 415th day and not later than the 70th day before the date of the general election.

          (2) A certificate of nomination of a candidate for:

          (a) State office, United States Senator or Representative in Congress shall be filed with the Secretary of State.

          (b) County office shall be filed with the county clerk.

          (c) City office shall be filed with the chief city elections officer.

          (3) For a special election, including an election to fill a vacancy that occurs after the 70th day before the general election, the Secretary of State by rule may adopt a schedule specifying the period within which a certificate of nomination must be filed. If the Secretary of State does not adopt a rule under this subsection, a certificate of nomination must be filed before the 61st day preceding the election.

 

          SECTION 3. (1) If a candidate for state office files a nominating petition or declaration of candidacy under ORS 249.037 or a certificate of nomination under ORS 249.722 and the petition, declaration or certificate is rejected by the Secretary of State based on the provisions of section 19, Article II of the Oregon Constitution, the candidate may file an action that challenges the constitutionality or validity of sections 19, 20 and 21, Article II of the Oregon Constitution. The action must be commenced in the Circuit Court for Marion County.

          (2) In the case of a nominating petition or declaration of candidacy, the action must be commenced within 30 days after the date the petition or declaration is rejected by the Secretary of State and not later than the 250th day before the date of the biennial primary election. In the case of a certificate of nomination, the action must be commenced within 30 days after the date the certificate is rejected by the Secretary of State and not later than the 250th day before the date of the general election.

          (3) The Circuit Court for Marion County and thereafter the appellate courts shall have jurisdiction to adjudicate an action described in this section and shall do so expeditiously to ensure the orderly and timely conduct of the biennial primary election. The plaintiff in an action subject to the requirements of this section must serve a copy of the complaint on the Attorney General.

          (4) If an action subject to the requirements of this section is filed in a court other than the Circuit Court for Marion County, the other court, on its own motion or the motion of any party to the action, shall dismiss the action or transfer the action to the Circuit Court for Marion County.

          (5) If a judgment in an action subject to the requirements of this section holds that any part of sections 19, 20 and 21, Article II of the Oregon Constitution, is unconstitutional or invalid in whole or in part, a party to the action may appeal the judgment only by filing a notice of appeal directly with the Supreme Court within the time and in the manner specified in ORS chapter 19 for civil appeals to the Court of Appeals. Any party filing a notice of appeal under this subsection must note in the notice of appeal that the case is subject to this subsection.

 

          SECTION 4. Section 3 of this 2001 Act is repealed January 1, 2003.

 

          SECTION 5. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

 

Approved by the Governor May 17, 2001

 

Filed in the office of Secretary of State May 17, 2001

 

Effective date May 17, 2001

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