Chapter 721 Oregon Laws 2001
AN ACT
SB 747
Relating to major political
parties; creating new provisions; and amending ORS 248.006, 248.008, 249.016
and 249.068.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 248.006 is amended to read:
248.006. [(1) An
affiliation of electors becomes a major political party when:]
[(a) Its candidates
for presidential elector polled at the last general election at which
candidates for President and Vice President of the United States were listed on
the ballot at least 15 percent of the total votes cast for presidential
elector; or]
[(b) Its candidate
for any state office to be voted upon in the state at large for which
nominations by political parties are permitted by law polled at the last general
election at which such a candidate was listed on the ballot at least 15 percent
of the total votes cast for that office.]
(1) An affiliation
of electors becomes a major political party in this state and is qualified to
make nominations at a biennial primary election when a number of electors equal
to at least five percent of the number of electors registered in this state are
registered as members of the party not later than the 275th day before the date
of a biennial primary election. An affiliation of electors satisfying the
requirements of this subsection shall be subject to the provisions of ORS
248.007 on the date the Secretary of State determines the registration
requirements are satisfied.
[(2) After an
affiliation of electors becomes a major political party under subsection (1) of
this section, a number of electors equal to at least three percent of the
number of electors registered in this state must have registered as members of
the party not later than 50 months following the date of the election at which
an affiliation of electors became a major political party under subsection (1)
of this section. A major political party satisfying the requirements of this
subsection shall be subject to the provisions of ORS 248.007 on the date the
registration requirements are satisfied.]
[(3)] (2) The number of electors described in
subsection [(2)] (1) of this section shall be calculated based on the number of
electors registered in this state and eligible to vote, as reported on the
official abstracts of the election, at the [election
at which the affiliation of electors became a major political party under
subsection (1) of this section]
general election immediately preceding the deadline specified in subsection (1)
of this section.
[(4) During the
period beginning on the date an affiliation of electors became a major
political party under subsection (1) of this section and ending on the date
that the requirements of subsection (2) of this section are satisfied, the
party shall not be subject to the provisions of ORS 248.007 and 248.012 to
248.315 and may not nominate candidates at the biennial primary election. If
the requirements of subsection (2) of this section are satisfied after the
275th day before the biennial primary election, the major political party shall
be subject to the provisions of ORS 248.007 after the date of the biennial
primary election. The major political party shall nominate candidates in the
manner provided by law for minor political parties.]
[(5) After an
affiliation of electors becomes a major political party under subsection (1) of
this section and satisfies the requirements of subsection (2) of this section,
in order to maintain status as a major political party subject to ORS 248.007,
a candidate or candidates of the party must poll a number of votes described in
subsection (1) of this section at the general election immediately following
the deadline specified in subsection (2) of this section. If the 15 percent
requirement is satisfied, the party shall again be subject to subsections (2)
to (4) of this section, except that:]
[(a) The registration
deadline shall be not later than 50 months following the date of the general
election at which the 15 percent requirement is again satisfied;]
[(b) The number of
electors required to register as members of the party shall be calculated based
on the number of electors registered in this state and eligible to vote, as
reported on the official abstracts of the election, at the general election at
which the 15 percent requirement is again satisfied; and]
[(c) Subsection (4)
of this section applies beginning on the date of the election at which the 15
percent requirement is again satisfied]
(3) After an
affiliation of electors becomes a major political party under subsection (1) of
this section, in order to maintain status as a major political party subject to
ORS 248.007, the party must satisfy the registration requirement of subsection
(1) of this section not later than the 275th day before each biennial primary
election.
[(6) An affiliation
of electors ceases to be a major political party if:]
[(a) The registration
requirements of subsection (2) of this section are not satisfied by the
deadline specified in subsection (2) of this section. The affiliation of
electors ceases to be a major political party on the date of the deadline; or]
[(b) The registration
requirements of subsection (2) of this section are satisfied by the deadline
specified in subsection (2) of this section and:]
[(A) A candidate or
candidates of the major political party do not satisfy the 15 percent
requirement described in subsection (1) of this section at the next general
election following the deadline specified in subsection (2) of this section.
The affiliation of electors ceases to be a major political party on the date of
the election; or]
[(B) Following the
deadline specified in subsection (2) of this section, the major political party
fails to maintain a number of electors registered as party members equal to
three percent of the number of electors registered in this state and eligible
to vote, according to the official abstracts of the election, at the last
election at which the affiliation of electors qualified or maintained status as
a major political party. The affiliation of electors ceases to be a major
political party on the date the Secretary of State determines that the
registration requirement is not satisfied.]
(4) An affiliation
of electors ceases to be a major political party if the registration
requirements of subsection (1) of this section are not satisfied by the 275th
day before each biennial primary election. The affiliation of electors ceases
to be a major political party on the date the Secretary of State determines
that the registration requirement is not satisfied.
[(7)] (5) [Where a major political party] When
an affiliation of electors has not satisfied the registration requirement
of subsection [(2)] (1) of this section for the first time
[following the election at which the
affiliation of electors qualified or maintained status as a major political
party], at the request of a
representative of the affiliation of electors, the Secretary of State shall
determine not less than once each month whether at least [three] five percent of
the number of eligible electors registered in this state are registered as
members of the party. After [the deadline
specified in subsection (2) of this section] an affiliation of electors has qualified as a major political party,
the Secretary of State shall determine on the 274th day before [the] each biennial primary election whether [a] the major political
party [that has satisfied the
registration requirement of subsection (2) of this section has maintained a
sufficient number of electors registered as members of the party] has satisfied the registration requirements
described in subsection (3) of this section.
SECTION 2.
(1) An affiliation of electors that
qualified as a major political party and is eligible to nominate candidates at
a biennial primary election under ORS 248.006 (1999 Edition) prior to the
effective date of this 2001 Act shall continue in existence as a major
political party for purposes of the biennial primary and general elections
conducted in 2002, but shall be subject to the requirements of ORS 248.006, as
amended by section 1 of this 2001 Act, after the general election held in 2002.
(2) An affiliation
of electors that did not qualify as a major political party under ORS 248.006
(1999 Edition) prior to the effective date of this 2001 Act may satisfy the
requirements of ORS 248.006, as amended by section 1 of this 2001 Act, and
first nominate candidates at the biennial primary election conducted in May
2004.
SECTION 3.
ORS 248.008 is amended to read:
248.008. (1) An affiliation of electors becomes a minor
political party in the state, a county or other electoral district, qualified
to make nominations for public office in that electoral district and in any
other electoral district wholly contained within the electoral district, when
either of the following events occurs:
(a) When the affiliation of electors has filed with the
Secretary of State a petition with the signatures of at least a number of
electors equal to one and one-half percent of the total votes cast in the
electoral district for all candidates for Governor at the most recent election
at which a candidate for Governor was elected to a full term. The petition also
shall state the intention to form a new political party and give the
designation of it. The filed petition shall contain only original signatures.
The petition shall be filed not later than two years following the date the
prospective petition is filed. The circulator shall certify on each signature
sheet that the individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector registered in
the electoral district. The Secretary of State shall verify whether the
petition contains the required number of signatures of electors. The petition
shall not be accepted for filing if it contains less than 100 percent of the
required number of signatures. The Secretary of State by rule shall designate a
statistical sampling technique to verify whether a petition contains the
required number of signatures of electors. A petition shall not be rejected for
the reason that it contains less than the required number of signatures unless
two separate sampling processes both establish that the petition lacks the
required number of signatures. The second sampling must contain a larger number
of signatures than the first sampling. The Secretary of State may employ
professional assistance to determine the sampling technique. The statistical
sampling technique may be the same as that adopted under ORS 250.105. Before
circulating the petition, the chief sponsor of the petition shall file with the
Secretary of State a signed copy of the prospective petition. The chief sponsor
shall include with the prospective petition a statement declaring whether one
or more persons will be paid money or other valuable consideration for obtaining
signatures of electors on the petition. After the prospective petition is
filed, the chief sponsor shall notify the filing officer not later than the
10th day after the chief sponsor first has knowledge or should have had
knowledge that:
(A) Any person is being paid for obtaining signatures, when
the statement included with the prospective petition declared that no such
person would be paid.
(B) No person is being paid for obtaining signatures, when
the statement included with the prospective petition declared that one or more
such persons would be paid.
(b) When the affiliation of electors has polled for any one
of its candidates for any public office in the electoral district at least one
percent of the total votes cast in the electoral district for all candidates
for:
(A) Presidential elector at the last general election at
which candidates for President and Vice President of the United States were
listed on the ballot; or
(B) Any single state office to be voted upon in the state
at large for which nominations by political parties are permitted by law at the
most recent election at which a candidate for the office was elected to a full
term.
(2) After satisfying either requirement of subsection (1)
of this section, the minor political party may nominate candidates at the next
general election if at any time during the period beginning on the date of the
next biennial primary election and ending on the 90th day before the next
general election, a number of electors equal to at least one-tenth of one percent
of the total votes cast in the state or electoral district for all candidates
for Governor at the most recent election at which a candidate for Governor was
elected to a full term are registered as members of the party.
(3) A filing officer shall not accept a certificate of
nomination of a candidate nominated by a minor political party unless the minor
political party has satisfied the registration requirement of subsection (2) of
this section.
(4) After a minor political party qualifies to nominate candidates,
in order to maintain status as a minor political party:
(a) A candidate or candidates of the party must poll a
number of votes described in subsection (1)(b) of this section at each
subsequent general election; and
(b) Following each general election, the registration
requirement of subsection (2) of this section must be satisfied.
(5) An affiliation of electors ceases to be a minor
political party in the state or electoral district if:
(a) The registration requirement of subsection (2) of this
section is not satisfied. The affiliation of electors ceases to be a minor
political party on the date of the deadline for satisfying the registration
requirement; or
(b) In the case of a minor political party qualified to
nominate candidates, a candidate or candidates of the minor political party do
not satisfy the one percent requirement specified in subsection (1)(b) of this
section at the next general election. The affiliation of electors ceases to be
a minor political party on the date of the election.
(6) During the period beginning on the date of the biennial
primary election and ending on the 90th day before the date of the general
election, the Secretary of State shall determine not less than once each month
whether the registration requirement of subsection (2) of this section has been
satisfied. If the party changes its name, only those electors who register on
or after the effective date of the name change as members of the party under
the new party name shall be counted as members of the party under this
subsection.
(7) An affiliation of electors[, a major political party subject to ORS 248.006 (4)] or a minor
political party may not satisfy the one percent requirement referred to in
subsection (1)(b) of this section by nominating a candidate who is the nominee
of another political party at the same election.
SECTION 4.
ORS 249.016 is amended to read:
249.016. [Except as
provided in ORS 248.006 (4),] A candidate of a major political party for
public office or a candidate for nonpartisan office shall be nominated only in
the manner provided in ORS 249.016 to 249.205.
SECTION 5.
ORS 249.068 is amended to read:
249.068. (1) Except as otherwise provided for a candidate
for nonpartisan office in ORS 249.072:
(a) A nominating petition for an office to be voted for in
the state at large or for a candidate for Representative in Congress shall
contain signatures of members of the same major political party as the
candidate. Except as provided in this subsection, there shall be at least 1,000
signatures or the number of signatures at least equal to two percent of the
vote cast in the state or congressional district, as the case may be, for the
candidates of that major political party for presidential electors at the last
presidential election, whichever is less;
(b) For an election next following any change in the
boundaries of a congressional district, there shall be at least 1,000
signatures or the number of signatures at least equal to two percent of the
average number of votes cast in all congressional districts in this state, as
the case may be, for the candidates of that major political party for
presidential electors at the last presidential election, whichever is less;
(c) In the case of a candidate nominated by a major
political party that did not nominate presidential electors at the last
presidential election, there shall be at least 1,000 signatures [or the number of signatures at least equal
to two percent of the total number of votes cast for the candidate described in
ORS 248.006 (1)(b) at the general election at which the affiliation of electors
last became a major political party. If more than one candidate described in
ORS 248.006 (1)(b) received at least 15 percent of the total votes cast for an
office, the number of signatures required shall be two percent of the lower
number of votes received]; and
(d) If the office is one to be voted for in the state at
large the signatures shall include those of electors registered in at least
five percent of the precincts in each of at least seven counties. If the office
is one to be voted for in a congressional district the signatures shall include
those of electors registered in at least five percent of the precincts in each
of at least one-fourth of the counties in the congressional district.
(2) Except as otherwise provided in this section or for a
candidate for nonpartisan office in ORS 249.072:
(a) A nominating petition for an office not provided for in
subsection (1) of this section shall contain the signatures of electors who are
members of the same major political party as the candidate. There shall be at
least 500 signatures or the number of signatures at least equal to two percent
of the vote in the electoral district for the candidates of that major
political party for presidential electors at the last presidential election,
whichever is less;
(b) In the case of major political party candidates for the
office of state Senator or state Representative, for an election next following
any change in the boundaries of the districts of state Senators or state
Representatives under section 6, Article IV of the Oregon Constitution, there
shall be at least 500 signatures or the number of signatures at least equal to
two percent of the average number of votes cast in all state Senatorial or state
Representative districts in this state, as the case may be, for the candidates
of that major political party for presidential electors at the last
presidential election, whichever is less;
(c) In the case of a candidate nominated by a major
political party that did not nominate presidential electors at the last
presidential election, there shall be at least 1,000 signatures [or the number of signatures at least equal
to two percent of the total number of votes cast for the candidate described in
ORS 248.006 (1)(b) at the general election at which the affiliation of electors
last became a major political party. If more than one candidate described in
ORS 248.006 (1)(b) received at least 15 percent of the total votes cast for an
office, the number of signatures required shall be two percent of the lower
number of votes received];
(d) If the office under this subsection is to be voted for
in more than one county, the signatures shall include those of electors
registered in at least six percent of the precincts in the electoral district
that are located in each of two or more of the counties, or portions of the
counties, within which the electoral district is located. If six percent of the
precincts of the electoral district in one of the counties or portion thereof
does not constitute a whole precinct, the nominating petition shall contain
signatures from at least one precinct in that county; and
(e) If the office is to be voted for in only one county or
in a city, the signatures shall include those of electors registered in at
least 10 percent of the precincts in the electoral district.
Approved by the Governor
July 2, 2001
Filed in the office of
Secretary of State July 2, 2001
Effective date January 1,
2002
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