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
House Bill 2213
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 as
introduced.
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.
A BILL FOR AN ACT
Relating to ballot titles for state measures; creating new
provisions; and amending ORS 250.067 and 250.085.
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 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 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 the orderly and timely circulation of the
petition or conduct of the election at which the measure is to be
submitted to the electors.
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 petitions filed with the Supreme Court on or after the
effective date of this 2001 Act. + }
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