Chapter 257 Oregon Laws 2001

AN ACT

HB 2790

Relating to irrigation district elections; creating new provisions; and amending ORS 545.041, 545.137, 545.141 and 545.153.

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

SECTION 1. ORS 545.041 is amended to read:

545.041. (1) The election shall be conducted, as nearly as practicable, in accordance with the general election laws of the state, except that the provisions of the election laws as to the form of ballot and as to the nomination of candidates shall not apply. No particular form of ballot shall be required. An absent elector may obtain an absentee ballot and vote, as nearly as practicable, in the manner provided for absentee electors in ORS chapter 253.

(2) Nominations for candidates for the board of directors may be made by petition, signed by at least 10 electors in the proposed district or division, who are qualified to vote for the directors nominated by them. Nominations may also be made at an assembly of not less than 25 electors. Nominations by petition or by assembly shall be filed with the county clerk at least [30] 35 days next preceding the date of election. Not more than one of the electors of a multiple ownership as described in ORS 545.007 (1)(a) may sign a nominating petition or vote at an assembly. The county clerk shall have the names of all persons nominated placed on the ballots as candidates for the offices for which they have been nominated. The ballots shall have a blank line under the printed names, on which may be written the name of any candidate voted for.

(3) A nominating petition shall contain:

(a) The name by which a candidate is commonly known. The candidate may use a nickname in parentheses in connection with the candidate’s full name;

(b) The address information of the candidate;

(c) The office for which the candidate seeks nomination;

(d) The term of office for which the candidate seeks nomination;

(e) A statement that the candidate is qualified for the office;

(f) A statement that the candidate is willing to accept the nomination and, if elected, the office;

(g) The signature of the candidate;

(h) The printed name and address of each elector who signed the petition; and

(i) A statement by the circulator of the petition that the circulator is personally acquainted with the electors who signed the petition and affirms that the signatures are genuine.

[(3)] (4) If an elector is not shown as an owner of land on the last equalized assessment roll or is not shown as having authority to vote on behalf of an owner of land, the elector shall furnish the county clerk with written evidence, satisfactory to the county clerk, that the elector:

(a) Is a legal representative of the owner;

(b) Is entitled to be shown as the owner of land on the next assessment roll;

(d) Is authorized to sign for and on behalf of any public agency owning land.

[(4)] (5) The county court shall meet on the first Monday that is at least 10 days after the election, canvass the votes cast, and enter an order declaring the result of the election. If upon the canvass it appears that at least three-fifths of the votes cast are “Irrigation District – Yes,” the court shall, by an order entered on its minutes, declare the territory organized as an irrigation district under the name designated by the county court under ORS 545.033 (1), and shall declare the persons receiving, respectively, the highest number of votes for the several available director positions to be elected to those positions. The court shall cause a copy of the order, duly certified, to be immediately filed for record in the office of the county clerk of each county in which any portion of the district is situated.

[(5)] (6) After the date of organization of an irrigation district, the county court of any county including any portion of the district shall not allow another district to be formed that includes any lands in the existing district, without first securing consent for the formation from the existing district.

[(6)] (7) From and after the date of the filing of the order under subsection (1) of this section, the organization of the district is complete, and the directors may enter upon the duties of their offices upon qualifying as provided by law. They shall hold office until their successors are elected and qualified.

SECTION 2. ORS 545.137 is amended to read:

545.137. (1) At least 10 days before any election held under the Irrigation District Law, subsequent to the organization of any district, the secretary of the board of directors shall cause the publication of a notice of the time, place and purpose of the election in a newspaper that is published or distributed within every county in which either the district or a division of the district is located. The secretary shall also post a general notice of the election in the office of the board specifying the polling places of each [precinct] division.

(2) Prior to the publishing and posting of the notices required in subsection (1) of this section, the board must appoint for each [precinct] division, from the electors of the [precinct] division, three judges of election, who shall constitute a board of election for the [precinct] division. If the board fails to appoint a board of election, or the members appointed do not attend at the opening of the polls on the morning of election, the electors of the [precinct] division at that hour may appoint a board of election from the group of electors present. In its order appointing the board of election, the board of directors must designate the place within the [precinct] division where the election is to be held. The board may designate the district office or any other location within the district as the place where the election is to be held. If one location serves as the place of election for more than one [precinct] division, the board of directors may appoint from among the electors of the [precincts one] divisions a single three-member board of election for the [precincts] divisions.

(3) Candidates may be nominated for any election in the same manner as candidates may be nominated at the organization election described in ORS 545.041. Openings for the board of directors of an irrigation district shall be advertised in a newspaper of general circulation within the boundaries of the district for which the candidate would be elected or posted in three public places within the district at least 60 days prior to the election. All nominations shall be filed with the secretary of the board [at least 30] not more than 75 nor less than 35 days before the date of the election. In districts having more than 25 electors, a person shall not be elected as a member of the board of directors unless the person has been nominated either by petition or at an assembly [30] 35 days prior to the date of the election.

(4) If, after expiration of the date for nomination, only one qualified candidate has been nominated for the office to be filled, it shall not be necessary to hold an election. The board of directors shall declare such candidate elected as director at the next regularly scheduled board meeting or at a special meeting called for that purpose. The secretary immediately shall make out and deliver to the nominated person a certificate of election signed by the secretary and authenticated with the seal of the board.

(5) The secretary shall cause the names of all persons nominated to be printed on ballots as candidates for the offices for which they have been nominated.

SECTION 3. ORS 545.141 is amended to read:

545.141. (1) Voting may commence as soon as the polls are open and may continue during all the time the polls remain open. Voting shall be conducted as nearly as practicable in accordance with the general election laws. An absent elector may obtain an absentee ballot and vote, as nearly as practicable, in the manner provided for absentee electors in ORS chapter 253.

(2) A person who offers to vote and claims to be an elector, but fails to provide either evidence of ownership, acreage or other voting authorization, shall be allowed to vote after submitting a sworn statement in accordance with the provisions of ORS 254.407 and 254.409. However, any person voting pursuant to this section shall, in addition to the information required by ORS 254.407, include information in the elector’s statement concerning the location of the claimed land and the precise acreage for which the elector is claiming ownership or voting authorization. Upon receipt of the elector’s sworn statement, the secretary of the district shall attempt to verify the elector’s voting qualifications under the Irrigation District Law.

(3) Any election board member or elector present at the time of voting shall challenge a person offering to vote in any election whom the board member or elector knows or believes to be unqualified as an elector. Any challenge shall be made in accordance with ORS 254.419. The elector’s statement required by ORS 254.419 shall include the location of the claimed land and the precise acreage for which the elector is claiming ownership or voting authorization. Upon receipt of the elector’s sworn statement, the secretary of the district shall attempt to verify the elector’s voting qualifications according to the provisions of the Irrigation District Law.

(4) As soon as the polls are closed the judges shall open the ballot box and shall commence counting the votes. The ballot box shall not be removed from the room in which the election is held until all ballots have been counted. The counting of the ballots shall be public. The presiding officer of the board of election or one of the judges shall take ballots from the ballot box one at a time, open them and read aloud the name of each person named on the ballot and the office for which the person is voted. If the intent of the voter is clear, the vote shall be counted and not rejected for lack of form. The judges shall keep an accurate account of the votes by tallies in duplicate and the counting shall continue without adjournment until all votes have been counted.

SECTION 4. ORS 545.153 is amended to read:

545.153. (1) The secretary of the board of directors shall, as soon as the result is declared, enter on the records of the board a statement of the result. The statement must show:

(a) The whole number of votes cast in the district and in each division of the district.

(b) The names of the persons voted for.

(d) The number of votes given in each [precinct] division to each person.

(e) The number of votes given for the office of director.

(f) The term of office for which each person received votes.

(2) The board of directors shall declare elected the person having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person a certificate of election, signed by the secretary and authenticated with the seal of the board. No informalities in conducting any election shall invalidate it if the election has been otherwise fairly conducted.

SECTION 5. The amendments to ORS 545.041, 545.137, 545.141 and 545.153 by sections 1 to 4 of this 2001 Act apply to an irrigation district election ordered by the board of directors of the district on or after the effective date of this 2001 Act.

Approved by the Governor May 30, 2001

Filed in the office of Secretary of State May 30, 2001

Effective date January 1, 2002

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