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 706
A-Engrossed
House Bill 2213
Ordered by the Senate June 20
Including Senate Amendments dated June 20
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Department of Justice)
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.
Modifies deadline for Secretary of State to send ballot title
comments to Attorney General. Extends time period for Attorney
General to revise draft ballot title. Modifies deadline for
person seeking review of ballot title in Supreme Court to notify
Secretary of State. { + Modifies procedure for Supreme Court
review of ballot title.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to ballot titles for state measures; creating new
provisions; amending ORS 250.067 and 250.085; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.067 is amended to read:
250.067. (1) The Secretary of State, upon receiving a draft
ballot title from the Attorney General under ORS 250.065 or
250.075, shall provide reasonable statewide notice of having
received the draft ballot title and of the public's right to
submit written comments as provided in this section. Written
comments concerning a draft ballot title shall be submitted to
the Secretary of State not later than the 10th business day after
the Secretary of State receives the draft title from the Attorney
General. { + On the next business day after the deadline for
submitting comments to the Secretary of State, the secretary + }
{ - The Secretary of State immediately - } shall send a copy of
all written comments to the Attorney General { + . The
secretary + } { - and - } shall maintain a record of written
comments received.
(2) The Attorney General shall consider any written comments
submitted under subsection (1) of this section and shall certify
to the Secretary of State either the draft ballot title or a
revised ballot title not later than the { - fifth - }
{ + 10th + } business day after receiving the comments from the
Secretary of State. If no written comments are submitted to the
Secretary of State, the Attorney General shall certify the draft
ballot title not later than the 15th business day after the
Secretary of State receives the draft title from the Attorney
General. The Secretary of State shall furnish the chief
petitioner with a copy of the ballot title.
(3) Unless the Supreme Court certifies a different ballot
title, the ballot title provided by the Attorney General under
subsection (2) of this section shall be the title printed in the
voters' pamphlet and on the ballot.
(4) If a petition for review of a ballot title is filed with
the Supreme Court as provided in ORS 250.085, the Secretary of
State shall file with the Supreme Court a copy of the written
comments received as part of the record on review of the ballot
title.
(5) The Secretary of State by rule shall specify the means for
providing reasonable statewide notice for submitting comments on
a draft ballot title.
SECTION 2. ORS 250.085 is amended to read:
250.085. (1) Any elector dissatisfied with a ballot title
prepared by the Legislative Assembly for a measure referred to
the people by the assembly and filed with the Secretary of State
may petition the Supreme Court seeking a different title. The
petition shall state the reasons that the title filed with the
Secretary of State does not substantially comply with the
requirements of ORS 250.035.
(2) Any elector dissatisfied with a ballot title for an
initiated or referred measure certified by the Attorney General
and who timely submitted written comments on the draft ballot
title may petition the Supreme Court seeking a different title.
The petition shall state the reasons that the title filed with
the Secretary of State does not substantially comply with the
requirements of ORS 250.035.
(3) The petition shall name the Attorney General as the
respondent and must be filed:
(a) Not later than the 10th business day after the Attorney
General certifies a ballot title to the Secretary of State; or
(b) If the title is provided by the Legislative Assembly under
ORS 250.075, not later than the 10th business day after the
Legislative Assembly files the ballot title with the Secretary of
State.
(4) An elector filing a petition under this section shall
notify the Secretary of State in writing that the petition has
been filed. The notice { - shall be given - } { + must be
received in the office of the Secretary of State + } not later
than 5 p.m. on the next business day following the day the
petition is filed.
(5) The { - court - } { + Supreme Court + } shall review
the title for substantial compliance with the requirements of ORS
250.035 { - , and shall certify a title meeting this standard to
the Secretary of State - } .
(6) When reviewing a title prepared by the Attorney General,
the { - court - } { + Supreme Court + } shall not consider
arguments concerning the ballot title not presented in writing to
the Secretary of State unless the court determines that the
argument concerns language added to or removed from the draft
title after expiration of the comment period provided in ORS
250.067.
(7) The review by the Supreme Court shall be conducted
expeditiously to { - insure - } { + ensure + } the orderly
and timely circulation of the petition or conduct of the election
at which the measure is to be submitted to the electors.
{ + (8) If the Supreme Court determines that the title
certified by the Attorney General or prepared by the Legislative
Assembly substantially complies with the requirements of ORS
250.035, the court shall certify the title to the Secretary of
State. If the Supreme Court determines that the title certified
by the Attorney General or prepared by the Legislative Assembly
does not substantially comply with the requirements of ORS
250.035, the court shall modify the ballot title and certify the
ballot title to the Secretary of State or refer the ballot title
to the Attorney General for modification.
(9) Not later than five business days after the Supreme Court
refers a ballot title to the Attorney General under this section,
the Attorney General shall file a modified ballot title with the
Supreme Court and serve copies of the modified ballot title on
all parties to the ballot title review proceeding. If no party to
the ballot title review proceeding files an objection to the
modified ballot title within five business days after the date
the modified ballot title is filed, the Supreme Court shall
certify the modified ballot title to the Secretary of State and
enter an appellate judgment the next judicial day. If any of the
parties to the ballot title review proceeding timely files a
petition objecting to the modified ballot title, the Supreme
Court shall review the modified ballot title to determine whether
the modified ballot title substantially complies with the
requirements of ORS 250.035.
(10) Upon the filing of a petition under subsection (9) of this
section objecting to a modified ballot title:
(a) If the Supreme Court determines that the modified ballot
title substantially complies with the requirements of ORS
250.035, the court shall certify the modified ballot title to the
Secretary of State; or
(b) If the Supreme Court determines that the modified ballot
title does not substantially comply with the requirements of ORS
250.035, the court shall modify the ballot title and certify the
ballot title to the Secretary of State or refer the modified
ballot title to the Attorney General for additional modification
and further proceedings under subsection (9) of this section. + }
SECTION 3. { + (1) The amendments to ORS 250.067 by section 1
of this 2001 Act apply to draft ballot titles first prepared by
the Attorney General on or after the effective date of this 2001
Act.
(2) The amendments to ORS 250.085 by section 2 of this 2001 Act
apply to:
(a) Petitions seeking a different ballot title filed with the
Supreme Court prior to the effective date of this 2001 Act for
which the Supreme Court has not yet certified a ballot title as
of the effective date of this 2001 Act; and
(b) Petitions seeking a different ballot title filed with the
Supreme Court on or after the effective date of this 2001
Act. + }
SECTION 4. { + 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. + }
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