71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1426
 
                         House Bill 2171
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Vicki
  Walker)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires individual nominated or elected to state office by
write-in votes to file form with Secretary of State accepting
nomination or office not later than 35th day after election.
Specifies deadlines for Secretary of State to deliver form and
certificate of nomination or election to individual.
 
                        A BILL FOR AN ACT
Relating to write-in votes; amending ORS 254.548 and 254.555.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 254.548 is amended to read:
  254.548.  { + (1) + } An individual nominated or elected to a
public office by write-in votes shall sign and file a form
indicating that the individual accepts the nomination or office
before the filing officer may issue a certificate of nomination
or election.  The Secretary of State by rule shall prescribe the
form to be used under this section.
   { +  (2) In the case of an individual nominated or elected by
write-in votes to a public office for which the Secretary of
State receives filings for nomination, the form shall be filed
with the secretary not later than the deadline specified in ORS
254.555 (2)(b). + }
  SECTION 2. ORS 254.555 is amended to read:
  254.555. (1) Not later than the 30th day after any election,
the Secretary of State, regarding offices for which the secretary
receives filings for nomination, shall:
  (a) Canvass the votes for the offices, except the office of
Governor after the general election.
  (b) Enter in a register of nominations after the biennial
primary election the name and, if applicable, major political
party of each candidate nominated, the office for which the
candidate is nominated, and the date of entry.
  (c)  { + Except as provided in subsection (2) of this
section, + } prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to the office. The Secretary of State shall sign
the certificate under the seal of the state.
  (d)  { + Except as provided in subsection (2) of this
section, + } issue a proclamation declaring the election of
candidates to the offices.
   { +  (2) In the case of an individual nominated or elected by
write-in votes to a public office for which the Secretary of
State receives filings for nomination:
  (a) Not later than the 30th day after the election, the
secretary shall prepare and deliver the form described in ORS
254.548 to the individual;
  (b) Not later than the 35th day after the election, if the
individual accepts the nomination or office, the individual shall
sign and file the form described in ORS 254.548 with the
secretary; and
  (c) Not later than the 40th day after the election, if the
individual files the form by the deadline specified in paragraph
(b) of this subsection, the secretary shall prepare and deliver a
certificate of nomination or election to the individual and, if
applicable, issue a proclamation declaring the election of the
candidate to the office. The secretary shall sign the certificate
of election under the seal of the state. + }
    { - (2) - }   { + (3) + } Not later than the 30th day after
the election:
  (a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
  (b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure.  If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
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