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 1192
 
                         House Bill 2574
 
Sponsored by COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC
  AFFAIRS (at the request of Secretary of State Bill Bradbury)
 
 
                             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.
 
  Directs Secretary of State to set date of presidential primary
election based on national system of rotating regional
presidential primary elections. Allows presidential primary
election to be held in March, April, May or June in years in
which President is elected. Directs Secretary of State to prepare
voters' pamphlet for presidential primary elections.
 
                        A BILL FOR AN ACT
Relating to presidential primary elections; creating new
  provisions; and amending ORS 246.270, 246.560, 247.203,
  247.296, 247.410, 247.435, 247.940, 247.945, 249.037, 249.078,
  249.722, 251.022, 251.026, 251.065, 251.165, 251.175, 253.030,
  253.065, 253.540, 253.565, 254.016, 254.025, 254.056, 254.076,
  254.115, 254.195, 254.205, 254.365, 254.370, 254.465, 254.470,
  254.474, 254.545, 254.555, 260.058, 260.063, 260.073, 260.215,
  260.532 and 316.102.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 254. + }
  SECTION 2.  { + The Legislative Assembly finds and declares
that:
  (1) Participating in the quadrennial election of the President
and Vice President of the United States is among the most
important civic acts of the electors of this state;
  (2) The process leading to the nomination of candidates for
President and Vice President of the United States should be as
open and participatory as possible;
  (3) A coordinated, orderly and defined electoral schedule for
the nomination of candidates for President and Vice President of
the United States enhances elector participation, strengthens the
political process and protects the rights of all states and their
citizens; and
  (4) Oregon will participate in a rotating regional presidential
primary system under which the date for the presidential
preference primary election in this state will vary from
presidential election to presidential election in conjunction
with other states in the same region of the United States, as
determined by the Secretary of State by rule. + }
  SECTION 3. ORS 254.056 is amended to read:
 
  254.056. (1) The general election shall be held on the first
Tuesday after the first Monday in November of each even-numbered
year. At the general election officers of the state and
subdivisions of the state, members of Congress and electors of
President and Vice President of the United States as are to be
elected in that year shall be elected.
  (2) The biennial primary election shall be held on the third
Tuesday in May of each even-numbered year. At the biennial
primary election precinct committeepersons shall be elected and
major political party candidates shall be nominated for offices
to be filled at the general election held in that year.
   { +  (3) The presidential preference primary election shall be
held on a Tuesday in March, April, May or June as specified by
the Secretary of State by rule. The presidential preference
primary election shall be held in each year in which electors of
the President and Vice President of the United States are to be
elected. At the presidential preference primary election,
electors may vote for candidates for nomination for President of
the United States. In determining the date of the presidential
preference primary election, the Secretary of State shall
consider the schedule of rotating regional presidential primary
elections adopted by the National Association of Secretaries of
State. The secretary shall set the date of the presidential
preference primary election not later than _____. + }
  SECTION 4. ORS 246.270 is amended to read:
  246.270. On the day of any biennial primary election, general
election { + , presidential preference primary election + } or
special election held throughout the county, the county clerk's
office shall remain open for business pertaining to the election
from 7 a.m. to 8 p.m. of the same day.
  SECTION 5. ORS 246.560 is amended to read:
  246.560. (1) No voting machine shall be approved by the
Secretary of State unless it is constructed so that it:
  (a) Secures to the elector secrecy of voting.
  (b) Provides facilities for voting for the candidates of as
many political parties or organizations as may make nominations
and for or against as many measures as may be submitted.
  (c) Permits the elector to vote for any person and as many
persons for an office and upon any measure for which the elector
has the right to vote.
  (d) Permits the elector, except at a biennial  { + or
presidential preference + } primary election, to vote for all the
candidates of one party or in part for the candidates of one
party and in part for the candidates of one or more other
parties.
  (e) Correctly records on a separate ballot the votes cast by
each elector for any person and for or against any measure.
  (f) Provides that a vote for more than one candidate cannot be
cast by one single operation of the voting machine or vote tally
system except for President and Vice President and electors for
those offices.
  (g) Provides that straight party pointers shall be disconnected
from all candidate pointers.
  (2) A vote tally system shall be:
  (a) Capable of correctly counting votes on ballots on which the
proper number of votes have been marked or punched for any office
or measure that has been voted.
  (b) Capable of ignoring the votes marked or punched for any
office or measure where more than the allowable number of votes
have been marked or punched, but shall correctly count the
properly voted portions of the ballot.
  (c) Capable of accumulating a count of the specific number of
ballots tallied for a precinct, accumulating total votes by
candidate for each office, and accumulating total votes for and
against each measure of the ballots tallied for a precinct.
 
  (d) Capable of tallying votes from ballots of different
political parties, from the same precinct, in a biennial  { + or
presidential preference + } primary election.
  (e) Capable of accommodating the procedure established under
ORS 254.155.
  (f) Capable of automatically producing precinct totals in
either printed, marked, or punched form, or combinations thereof.
  SECTION 6. ORS 247.203 is amended to read:
  247.203. An elector who updates a registration during the
period extending from the 20th day before a biennial  { + or
presidential preference + } primary election to the date of the
biennial  { + or presidential preference + } primary election may
not, during that period:
  (1) Change the elector's political party affiliation if the
elector's immediate past registration record shows the elector
was or is registered as affiliated with a political party.
  (2) Terminate affiliation with a political party if the
elector's immediate past registration record shows the elector
was or is registered as affiliated with a political party.
  (3) Adopt a political party affiliation if the elector's
immediate past registration shows that the elector was not or is
not registered as affiliated with a political party.
  SECTION 7. ORS 247.296 is amended to read:
  247.296. (1) The county clerk shall use records of the United
States Postal Service relating to ballots issued by mail to
verify the accuracy of addresses of electors contained in the
registration file of the county clerk.
  (2) Based on information obtained under subsection (1) of this
section, the county clerk shall automatically update the
registration of an elector under ORS 247.292 or mail a notice
described in ORS 247.563.
  (3) The registration of an elector shall not be canceled during
the 90-day period prior to any biennial  { + or presidential
preference + } primary or general election based on information
obtained under this section.
  SECTION 8. ORS 247.410 is amended to read:
  247.410. A person who is qualified to register, except that the
person will have resided in this state less than 20 days before
the election, may vote in the election for candidates for
nomination or election for President or Vice President of the
United States or elector of President and Vice President of the
United States if the person:
  (1) Did not vote for the nomination of such candidates in
another state during the six months immediately preceding the
person's request for registration to vote for the nomination of
such candidates in the   { - biennial - }   { + presidential
preference + } primary election in this state; or
  (2) Did not vote for the election of such candidates in another
state during the six months immediately preceding the person's
request for registration to vote for the election of such
candidates in the general election in this state.
  SECTION 9. ORS 247.435 is amended to read:
  247.435. An elector of this state who moves to another state
after the 31st day before a   { - biennial - }   { + presidential
preference + } primary or general election for President or for
electors of President and Vice President, and who does not
qualify to vote in the state of the elector's present residence,
may vote for these offices in the   { - biennial - }
 { + presidential preference + } primary or general election in
this state. The ballot for a person voting under this section
shall be marked 'Presidential only.  '
  SECTION 10. ORS 247.940 is amended to read:
  247.940. (1) Not later than the 21st day before any biennial
 { +  or presidential preference + } primary election, general
election or special congressional election, a major political
party qualified under ORS 248.006 or its affiliate within the
county or a minor political party qualified under ORS 248.008 may
request from the county clerk a list of active electors, as
described in ORS 247.013, of the county. The list shall contain
the name, party affiliation, residence or mailing address and
precinct name or number of each active elector and shall be
arranged in groups by election precinct. A major political party
or its affiliate within the county or a minor political party may
make no more than two separate requests under this subsection.
  (2) If the county clerk receives a request under subsection (1)
of this section, the clerk shall deliver the list not later than:
  (a) Ten days after receiving the request; or
  (b) The date requested, provided that the date requested is
more than 10 days after the request was made and at least 10 days
before the date of any biennial  { + or presidential
preference + } primary election, general election or special
congressional election.
  (3) The county clerk shall not charge for preparation or
delivery of the list supplied under this section.
  SECTION 11. ORS 247.945 is amended to read:
  247.945. (1) The county clerk, upon request before the 45th day
before a biennial  { + or presidential preference + } primary,
general or special election, shall deliver to any person a list
of electors. The lists shall be prepared in the manner requested,
limited only to the capabilities of the Secretary of State or the
county clerk.
  (2) The county clerk shall collect and pay into the county
treasury a charge for the actual cost of supplying lists under
subsection (1) of this section.
  (3) The county clerk shall keep a record of all persons to whom
a list of electors is delivered under this section.
  SECTION 12. ORS 249.037 is amended to read:
  249.037. (1) A nominating petition or declaration of candidacy
shall be filed not sooner than the 250th day and not later than
the 70th day before the date of the biennial primary election.
  (2) Notwithstanding subsection (1) of this section, a
declaration of candidacy for the office of precinct
committeeperson shall not be filed before February 1 immediately
preceding the biennial primary election.
   { +  (3) Subsection (1) of this section does not apply to a
nominating petition for President of the United States filed
under ORS 249.078. + }
  SECTION 13. ORS 249.078 is amended to read:
  249.078. (1) The name of a candidate for a major political
party nomination for President of the United States shall be
printed on the ballot or ballot label only:
  (a) By direction of the Secretary of State who in the
secretary's sole discretion has determined that the candidate's
candidacy is generally advocated or is recognized in national
news media; or
  (b) By nominating petition described in this section and filed
with the Secretary of State.
  (2) A petition nominating a candidate under this section shall
contain from each congressional district the signatures of at
least 1,000 electors who are registered in the district and who
are members of the major political party of the candidate. The
electors in each congressional district shall include electors
registered in at least five percent of the precincts in each of
at least one-fourth of the counties in the congressional
district.  The petition shall contain the printed name, residence
address and name or number of the precinct, if known, of each
elector whose signature appears on the petition. The signatures
shall be certified for genuineness by the county clerks under ORS
249.008.  Before circulating the petition, the chief sponsor
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
Secretary of State 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.
   { +  (3) A nominating petition under this section shall be
filed not sooner than the 250th day and not later than the 70th
day before the date of the presidential preference primary
election. + }
  SECTION 14. ORS 249.722 is amended to read:
  249.722. (1) Except as provided in   { - subsection (3) - }
 { +  subsections (3) and (4) + } of this section, a certificate
of nomination of a candidate for public office shall be filed not
sooner than the 15th day after the date of the biennial primary
election and not later than the 70th day before the date of the
general election.
  (2) A certificate of nomination of a candidate for:
  (a) State office, United States Senator or Representative in
Congress shall be filed with the Secretary of State.
  (b) County office shall be filed with the county clerk.
  (c) City office shall be filed with the chief city elections
officer.
   { +  (3) A certificate of nomination of a candidate for
elector of President and Vice President of the United States
shall be filed not sooner than the 15th day after the date of the
presidential preference primary election and not later than the
70th day before the date of the general election. + }
    { - (3) - }   { + (4) + } For a special election, including
an election to fill a vacancy that occurs after the 70th day
before the general election, the Secretary of State by rule may
adopt a schedule specifying the period within which a certificate
of nomination must be filed. If the Secretary of State does not
adopt a rule under this subsection, a certificate of nomination
must be filed before the 61st day preceding the election.
  SECTION 15. ORS 251.022 is amended to read:
  251.022. (1) If a special election or special primary election
is held under ORS 188.120 for the purpose of filling a vacancy in
election or office of United States Senator or Representative in
Congress, or for nominating a candidate of each major political
party to fill the vacancy, the Secretary of State shall prepare a
voters' pamphlet for each election.
  (2) A voters' pamphlet prepared under subsection (1) of this
section shall contain information about the candidates for
nomination or election to the office of United States Senator or
Representative in Congress at the special election or special
primary election.
   { +  (3) If a presidential preference primary election is held
on a date other than the date of the biennial primary election,
the Secretary of State shall prepare a voters' pamphlet for the
presidential preference primary election. The voters' pamphlet
prepared under this subsection shall contain information about
the candidates for nomination to the office of President of the
United States. + }
  SECTION 16. ORS 251.026 is amended to read:
  251.026. (1) The Secretary of State shall prepare and have
printed in the voters' pamphlet for the state biennial  { + or
presidential preference + } primary election, the general
election and any special election described in ORS 251.022 a
statement containing, if applicable:
  (a) Requirements for a citizen to qualify as an elector.
  (b) When an elector is required to register or update a
registration.
  (c) In the voters' pamphlet for the biennial primary election,
a statement of the duties and responsibilities of a precinct
committeeperson to be elected at the biennial primary election.
  (d) Any other information the Secretary of State considers
relevant to the conduct of the election.
  (2) The Secretary of State shall include a statement on the
cover of the voters' pamphlet that the pamphlet may be used to
assist electors in voting.
  (3) The Secretary of State may include in the voters' pamphlet
the following information:
  (a) Maps showing the boundaries of senatorial and
representative districts.
  (b) Voter registration forms.
  (c) Elector instructions, including the right of an elector to
request a second ballot if the first ballot is spoiled and the
right of an elector to seek assistance in marking the ballot.
  SECTION 17. ORS 251.065 is amended to read:
  251.065. (1) Not later than the 68th day before the biennial
primary election, any candidate or agent on behalf of the
candidate for nomination or election at the biennial primary
election to the office of   { - President or Vice President of
the United States, - }  United States Senator, Representative in
Congress or any state office as defined in ORS 249.002 may file
with the Secretary of State a portrait of the candidate and a
printed or typewritten statement of the reasons the candidate
should be nominated or elected. A candidate or agent on behalf of
the candidate for nomination or election to any county or city
office, or to an elected office of a metropolitan service
district organized under ORS chapter 268, may file a portrait and
statement under this subsection if permitted under ORS
251.067. { +  If the presidential preference primary election is
held on the date of the biennial primary election, a candidate or
agent on behalf of a candidate for nomination to the office of
President or Vice President of the United States may file a
portrait and statement under this subsection. + }
  (2) Not later than the 70th day before the general election,
any candidate or agent on behalf of the candidate for election at
the general election to the office of President or Vice President
of the United States, United States Senator, Representative in
Congress or any state office as defined in ORS 249.002 may file
with the Secretary of State a portrait of the candidate and a
printed or typewritten statement of the reasons the candidate
should be elected. A candidate or agent on behalf of the
candidate for election to any county or city office, or to an
elected office of a metropolitan service district organized under
ORS chapter 268, may file a portrait and statement under this
subsection if permitted under ORS 251.067.
  (3)   { - In the case of a special election to fill a vacancy
as - }  { +  For a special election or presidential preference
primary election + } described in ORS 251.022, the Secretary of
State by rule shall set the deadline for filing with the
secretary a portrait of the candidate and a printed or
typewritten statement of the reasons the candidate should be
nominated or elected.
  (4) Subject to subsections (1) to (3) of this section, the
Secretary of State by rule shall establish the format of the
statements permitted under this section.
  (5) A portrait or statement filed under this section shall be
accompanied by a telephone or electronic facsimile transmission
machine number where the candidate may be contacted for purposes
of ORS 251.087.
  SECTION 18. ORS 251.165 is amended to read:
  251.165. (1) The Secretary of State shall prepare:
 
  (a) A list of the names of candidates for nomination or
election at the biennial primary election to the offices of
  { - President or Vice President of the United States, - }
United States Senator, Representative in Congress, any state
office other than justice of the peace and any county or city
office or elected office of a metropolitan service district
required to be included under ORS 251.067, or a list of names of
candidates for election at the general election to the offices of
President or Vice President of the United States, United States
Senator, Representative in Congress, any state office other than
justice of the peace and any county or city office or elected
office of a metropolitan service district required to be included
under ORS 251.067, along with a designation of the offices for
which the candidates are competing;
  (b) All portraits and statements filed under ORS 251.065 and
251.115; and
  (c) The information specified in ORS 251.185 relating to
measures to be voted upon at the election for which the pamphlet
is prepared.
   { +  (2) If the presidential preference primary election is
held on the date of the biennial primary election, the Secretary
of State shall include the names of candidates for nomination to
the offices of President or Vice President of the United States
on the list prepared under subsection (1) of this section. + }
    { - (2) - }   { + (3) + } For a special election  { + or
presidential preference primary election + } described in ORS
251.022, the Secretary of State shall prepare a list of the names
of candidates for nomination or election to the offices of
 { + President of the United States, + } United States Senator or
Representative in Congress along with all portraits and
statements filed for the  { + presidential preference primary
election or + } special election under ORS 251.065.
    { - (3) - }   { + (4) + } The items specified in subsections
(1)   { - and (2) - }   { + to (3) + } of this section shall be
properly compiled, edited, prepared and indexed for printing by
the Secretary of State before delivery to the printer.
  SECTION 19. ORS 251.175 is amended to read:
  251.175. (1) Except as provided in subsection (2) of this
section, not later than the 20th day before a biennial  { + or
presidential preference + } primary election, general election or
special election for which a voters' pamphlet has been prepared,
the Secretary of State shall cause the voters' pamphlet to be
mailed to each post-office mailing address in Oregon, and shall
use any additional means of distribution necessary to make the
pamphlet available to electors.
  (2) For any special election described in ORS 251.022 that is
not held statewide, or for any other state special election that
is not held statewide, the Secretary of State by rule may
prescribe methods for distributing the voters' pamphlet prepared
for the election. The rule shall require the secretary to mail
the pamphlet to at least each elector whose registration is
determined to be active on the 21st day before the date of the
election and who is eligible to vote in the election. The rule
may specify other methods of distribution. If the special
election is conducted by mail, voters' pamphlets prepared for the
election shall be mailed not later than the date ballots are
mailed to electors as provided in ORS 254.470.
  SECTION 20. ORS 253.030 is amended to read:
  253.030. (1) Before an election any elector may apply to the
clerk for the absentee ballot of the election.
  (2) An application for an absentee ballot must:
  (a) Be in writing and signed by the applicant; and
  (b) Be received by the clerk not later than 8 p.m. the day of
the election.
  (3) If an applicant not affiliated with any political party
desires to vote in any major political party biennial  { + or
presidential preference + } primary election, the applicant may
request and shall be sent a ballot for a major political party if
that political party has provided under ORS 254.365 for a
biennial  { +  or presidential preference + } primary election
that admits electors not affiliated with any political party.
  (4) Application for an absentee ballot may be made by using a
facsimile machine. As used in this subsection, 'facsimile
machine' means a machine that electronically transmits or
receives facsimiles of documents through connection with a
telephone network.
  (5) If an elector desires, the elector's application shall be
valid for every subsequent election until the elector otherwise
notifies the clerk or is no longer an elector of the county.
  SECTION 21. ORS 253.065 is amended to read:
  253.065. (1) For electors with mailing addresses outside this
state, the county clerk shall deliver an absentee ballot:
  (a) Not later than the 45th day before the election to each
long term absent elector; and
  (b) Not sooner than the 29th day before the election to each
elector with a mailing address outside this state who is not a
long term absent elector.
  (2) For electors with mailing addresses in this state, except
if requested by the elector, absentee ballots delivered by mail
shall be delivered:
  (a) For biennial  { + and presidential preference + } primary
elections and general elections, or any statewide special
election for which a voters' pamphlet is prepared, not sooner
than the date the Secretary of State first mails the voters'
pamphlet under ORS 251.175; or
  (b) In the case of an election for which a statewide voters'
pamphlet is not required to be prepared, not sooner than the 20th
day before the date of the election.
  (3) The ballot may be delivered to the absent elector in the
office of the clerk, by postage prepaid mail or by any other
appropriate means.
  (4) The clerk shall deliver with the ballot instructions for
marking and returning the ballot, a return identification
envelope and a secrecy envelope. The name, official title and
address of the clerk shall appear on the front of the envelope.
On the back shall appear a statement to be signed by the absent
elector, stating that the elector:
  (a) Is qualified to vote;
  (b) Unless prevented by physical disability, has personally
marked the ballot; and
  (c) Has not unnecessarily exhibited the marked ballot to any
other person.
  (5) Notwithstanding subsections (1) and (2) of this section, if
the county clerk receives an application for an absentee ballot
after the fifth day before an election, the county clerk need not
mail the ballot for that election but may deliver the ballot by
making it available in the office of the clerk.
  (6) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector. The
county clerk shall keep a record of each replacement ballot
provided under this subsection.
  (7) A replacement ballot may be mailed or shall be made
available in the office of the county clerk.
  (8) If the county clerk determines that an elector to whom a
replacement ballot has been issued at the request of the elector
has voted more than once, the county clerk shall not count any
ballot cast by the elector. If the county clerk is required to
reissue ballots due to a change on the ballot for any reason,
that ballot shall be counted in lieu of any previous ballot
issued unless:
  (a) Only the original ballot was voted and returned; or
 
  (b) The county clerk issued a supplemental ballot that is not a
complete replacement of the original ballot.
  SECTION 22. ORS 253.540 is amended to read:
  253.540. (1) Any long term absent elector may secure an
absentee ballot by submitting an application as specified in
subsection (2) of this section to the clerk of the county of the
long term absent elector's residence, or to the Secretary of
State. If the application is addressed to the Secretary of State,
the secretary shall forward it to the appropriate county clerk.
  (2) An application for an absentee ballot by a long term absent
elector shall be made in the form of a written request. The
application shall be valid for every subsequent election until
the elector otherwise notifies the clerk or is no longer an
elector of the county. The application shall be signed by the
applicant and contain:
  (a) The name and current mailing address of the applicant;
  (b) A statement that the applicant is a citizen of the United
States;
  (c) A statement that the applicant will be 18 years of age or
older on the date of the election;
  (d) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
  (e) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
  (f) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested absentee ballot; and
  (g) If the applicant desires to vote in a biennial  { + or
presidential preference + } primary election, a designation of
the applicant's political party affiliation or a statement that
the applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a
ballot for a major political party. The applicant shall be sent
the ballot for the political party that the applicant requested
if that political party has provided under ORS 254.365 for a
biennial  { + or presidential preference + } primary election
that admits electors not affiliated with any political party.
  SECTION 23. ORS 253.565 is amended to read:
  253.565. (1) Any long term absent elector may secure a special
absentee ballot for a biennial  { + or presidential
preference + } primary election or general election by making an
application under this section if the elector believes that:
  (a) The elector will be residing, stationed or working outside
the territorial limits of the United States and the District of
Columbia; and
  (b) The elector will be unable to vote and return a regular
absentee ballot by normal mail delivery within the period
provided for regular absentee ballots.
  (2) A long term absent elector shall make the application for a
special absentee ballot in the form of a written request. The
elector shall submit the application before the date of the
applicable election to the clerk of the county of the long term
absent elector's residence or to the Secretary of State. If the
application is addressed to the Secretary of State, the secretary
shall forward it to the appropriate county clerk. The application
shall be signed by the applicant and contain:
  (a) The name and current mailing address of the applicant;
  (b) A designation of the election for which the applicant
requests a special absentee ballot;
  (c) A statement that the applicant is a citizen of the United
States;
  (d) A statement that the applicant will be 18 years of age or
older on the date of the election;
 
  (e) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
  (f) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
  (g) A statement of the facts that qualify the applicant to vote
by means of a special absentee ballot;
  (h) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested special absentee ballot; and
  (i) If the applicant requests a ballot for a biennial  { + or
presidential preference + } primary election, a designation of
the applicant's political party affiliation or a statement that
the applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a
ballot for a major political party. The applicant shall be sent
the ballot for the political party that the applicant requested
if that political party has provided under ORS 254.365 for a
biennial  { + or presidential preference + } primary election
that admits electors not affiliated with any political party.
  (3) An application for a special absentee ballot shall be valid
only for the election specified in the application.
  (4) The county clerk shall list on the special absentee ballot
the offices and measures scheduled to appear on the regular
ballot, if known when the ballot is prepared, and provide space
in which the elector may write in the elector's preference.
  (5) The elector may write in the name of any eligible candidate
for each office to be filled or for which nominations will be
made at the election, and may vote on any measure submitted at
the election.
  SECTION 24. ORS 254.016 is amended to read:
  254.016. Any biennial  { + or presidential preference + }
primary election, general election or special election held in
this state shall be conducted under the provisions of this
chapter, unless specifically provided otherwise in the statute
laws of this state.
  SECTION 25. ORS 254.025 is amended to read:
  254.025. (1) Statutes applicable to biennial  { + and
presidential preference + } primary elections shall be construed
as though the primary elections are separate elections for each
major political party nominating candidates.
  (2) The biennial  { + and presidential preference + } primary
elections shall be conducted as nearly as possible according to
the theory expressed in the preamble to chapter 1, Oregon Laws
1905.
  SECTION 26. ORS 254.076 is amended to read:
  254.076. The chief elections officer shall keep a register of
candidates for nomination at the biennial  { + or presidential
preference + } primary election. The register, if applicable,
shall contain for each major political party:
  (1) The title of each office for which the major political
party will nominate candidates at the biennial  { + or
presidential preference + } primary election.
  (2) The name and mailing address of each candidate for
nomination at the biennial  { + or presidential preference + }
primary election.
  (3) The name of the major political party with which the
candidate is registered as affiliated.
  (4) The date of filing of the prospective petition for
nomination of the candidate.
  (5) The date of filing of the completed petition for nomination
of the candidate, the number of valid signatures contained and
the number of signatures required.
  (6) The date of filing of the declaration of candidacy of the
candidate.
  (7) Such other information as may aid the chief elections
officer in arranging the official ballot or ballot label for the
biennial  { + or presidential preference + } primary election.
  SECTION 27. ORS 254.115 is amended to read:
  254.115. (1) The official biennial primary election ballot or
ballot label shall be styled 'Official Biennial Primary
Nominating Ballot for the __ Party.' and shall state:
  (a) The name of the county for which it is intended.
  (b) The date of the biennial primary election.
  (c) The names of all candidates for nomination at the biennial
primary election whose nominating petitions or declarations of
candidacy have been made and filed, and who have not died,
withdrawn or become disqualified.
  (d) The names of candidates for election as precinct
committeeperson.
  (e)  { + If the presidential preference primary election is
held on the date of the biennial primary election, + } the names
of candidates for the party nomination for President of the
United States who qualified for the ballot under ORS 249.078.
  (2) If the election is conducted at polling places as provided
in this chapter, any ballot to be issued at a polling place shall
also state the number or name of the precinct for which it is
intended.
  (3) The biennial primary election ballot may include any city,
county or nonpartisan office or the number, ballot title and
financial estimates under ORS 250.125 of any measure.
  (4) The ballot shall not contain the name of any person other
than those referred to in subsections (1) and (3) of this
section.  The name of each candidate for whom a nominating
petition or declaration of candidacy has been filed shall be
printed on the ballot in   { - but - }   { + only + } one place.
In the event that two or more candidates for the same nomination
or office have the same or similar surnames, the location of
their places of residence shall be printed opposite their names
to distinguish one from another.
  SECTION 28.  { + Section 29 of this 2001 Act is added to and
made a part of ORS chapter 254. + }
  SECTION 29.  { + (1) This section applies if the presidential
preference primary election is not held on the date of the
biennial primary election.
  (2) The official presidential preference primary election
ballot or ballot label shall be styled 'Official Ballot' and
shall state:
  (a) The date of the presidential preference primary election;
and
  (b) The names of all candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078.
  (3) If the presidential preference primary election is held on
the second Tuesday in March, the presidential preference primary
election ballot or ballot label may also include the names of
candidates to be nominated or elected to other offices and the
number, ballot title and financial estimates of any measures.
  (4) The name of each candidate shall be printed on the ballot
in only one place. In the event that two or more candidates for
the same nomination have the same or similar surnames, the
location of their places of residence shall be printed opposite
their names to distinguish one from another. + }
  SECTION 30. ORS 254.195 is amended to read:
  254.195. (1) Official ballots and ballot labels shall be
printed in black ink upon good quality material. The biennial
 { + and presidential preference + } primary election ballots or
ballot labels shall be of different colors for the major
political parties.
  (2) If the election is conducted at polling places, sample
ballots shall be prepared for the information of the elector. The
sample ballot shall contain the offices, candidates, measures and
other information on the ballots or ballot labels of the
precincts for which the sample ballot is issued. The sample
ballot need not contain the office of, or candidates for,
precinct committeeperson. The sample ballots shall be identified
as such, and printed on cheaper, colored paper to distinguish
them from official ballots. A sample ballot shall not be voted or
counted.
  (3) The governing body of a city, county or district may mail
sample ballots to all electors within the city, county or
district to assist the electors' preparation for voting.
  SECTION 31. ORS 254.205 is amended to read:
  254.205. (1) For any election conducted at polling places, the
county clerk shall produce a facsimile, except as to size, of the
ballot in a manner described in this section. For any biennial
 { +  or presidential preference + } primary election, a
facsimile of the ballot shall include the ballot of each major
political party.
  (2) The facsimile shall be:
  (a) Published or inserted in one or more newspapers as
described in subsection (3) of this section; or
  (b) Distributed to each residential postal mailing address
within the electoral district for which the election is being
held.
  (3) If the facsimile is published or inserted in a newspaper:
  (a) The facsimile shall be published or inserted not later than
the fourth day nor earlier than the 15th day before the election.
  (b) The facsimile shall be published or inserted in at least
one issue of one newspaper in each county with a population of
less than 10,000, or in each county in which no more than one
newspaper is published. The facsimile shall be published or
inserted in at least one issue of two newspapers in each county
with a population of 10,000 or more in which more than one
newspaper is published. The county governing body, at the first
regular meeting each year, shall select the newspaper or
newspapers of general circulation in the county in which the
facsimile shall be published or inserted and shall notify the
county clerk of the selection.
  (c) The county governing body may require publication or
insertion of the facsimile in additional newspapers and shall
select the newspapers at the same time as provided in paragraph
(b) of this subsection. The county governing body shall notify
the county clerk of any additional selections.
  (d) The facsimile shall not be published in any newspaper
unless the newspaper agrees that no paid political advertisement
shall be placed on the same page as the facsimile or on the page
facing the facsimile. If a newspaper selected under paragraph (b)
or (c) of this subsection does not so agree, the county governing
body shall select another newspaper in the county with as nearly
as possible the same qualifications for the publication of the
facsimile.
  (4) A facsimile distributed to each residential post office
mailing address within the electoral district for which the
election is being held shall have postage prepaid and shall be
considered to give notice when mailed. Facsimile ballots mailed
under this subsection shall be mailed not sooner than the 15th
day nor later than the 10th day before the election. Proof of
mailing shall be by affidavit of the county clerk.
  (5) A facsimile printed in a county voters' pamphlet prepared
and distributed in accordance with ORS chapter 251 shall be
considered to satisfy the requirements of this section.
  (6) As used in this section, 'electoral district' means a
county, city or district.
  SECTION 32. ORS 254.365 is amended to read:
  254.365. (1) An elector shall not be qualified or permitted to
vote at any biennial  { + or presidential preference + } primary
election for any candidate of a major political party, and it
shall be unlawful for the elector to offer to do so, unless:
  (a) The elector is registered as being affiliated with one of
the major political parties nominating or electing its candidates
for public office at the biennial  { + or presidential
preference + } primary election; or
  (b) The elector is registered as not being affiliated with any
political party and wishes to vote in the biennial  { + or
presidential preference + } primary election of a major political
party that has provided under subsection (3) of this section for
a biennial  { + or presidential preference + } primary election
that admits electors not affiliated with any political party.
  (2) Except as provided in ORS 254.470 (4), any elector offering
to vote at the biennial  { + or presidential preference + }
primary election shall be given a ballot of the major political
party with which the elector is registered as being affiliated.
The elector shall not be given a ballot of any other political
party at that biennial  { + or presidential preference + }
primary election. An elector not affiliated with any political
party and offering to vote at the biennial  { + or presidential
preference + } primary election shall be given the ballot of the
major political party in whose biennial  { + or presidential
preference + } primary election the elector wishes to vote if
that party has provided under subsection (3) of this section for
a biennial  { + or presidential preference + } primary election
that admits electors not affiliated with any political party. An
elector not affiliated with any political party who is given a
ballot of the major political party associates with the party for
the purpose of voting in that biennial  { + or presidential
preference + } primary election.
  (3) Not later than the 90th day before the date of the biennial
 { + or presidential preference + } primary election, a major
political party may file with the Secretary of State a certified
copy of the current party rule allowing an elector not affiliated
with any political party to vote in the party's biennial  { + or
presidential preference + } primary election. The party shall not
repeal the rule as filed during the 90 days before the biennial
 { + or presidential preference + } primary election. The rule
shall continue to be effective after the date of the biennial
 { + or presidential preference + } primary election until the
party gives written notice to the Secretary of State that the
rule has been repealed. A party rule under this subsection may
limit the candidates for whom an elector who is not affiliated
with any political party may vote.  The party rule shall,
however, allow any elector who is permitted to vote for the most
numerous branch of the Legislative Assembly to also vote in
federal legislative elections, consistent with section 2, Article
I, and the Seventeenth Amendment to the United States
Constitution.
  (4) If the biennial  { + or presidential preference + } primary
election ballot includes city, county or nonpartisan offices or
measures, and it is given to an elector who is not eligible to
vote for party candidates, the ballot shall be marked 'limited.
'
  SECTION 33. ORS 254.370 is amended to read:
  254.370. The county clerk shall maintain:
  (1) A monthly registration record of all electors registered as
not being affiliated with any political party;
  (2) At each biennial  { + or presidential preference + }
primary election, a record of the number of electors who voted
from each major political party;
  (3) A record of all electors registered as not being affiliated
with any political party who vote in a biennial  { + or
presidential preference + } primary election of a major political
party that has provided under ORS 254.365 for a biennial  { + or
 
presidential preference + } primary election that admits electors
not affiliated with any political party; and
  (4) A record of all electors registered as not being affiliated
with any political party who vote in the general election.
  SECTION 34. ORS 254.465 is amended to read:
  254.465. The following rules apply to elections conducted by
mail:
  (1) An election held on the date of the biennial  { + or
presidential preference + } primary or general election shall be
conducted by mail.
  (2) A state election not described in subsection (1) of this
section may be conducted by mail. The Secretary of State by rule
shall direct that a state election authorized to be conducted by
mail under this subsection be conducted uniformly by mail or at
polling places.
  (3) A county clerk may conduct an election not described in
subsections (1) and (2) of this section by mail in the county, in
a city or in a district defined in ORS 255.012, under the
supervision of the Secretary of State. In deciding to conduct an
election by mail, the county clerk may consider requests from the
governing body of the county, city or district and shall consider
whether conducting the election by mail will be economically and
administratively feasible.
  (4) The Secretary of State shall adopt rules to provide for
uniformity in the conduct of state elections by mail.
  SECTION 35. ORS 254.470 is amended to read:
  254.470. (1) An election by mail shall be conducted as provided
in this section. The Secretary of State may adopt rules governing
the procedures for conducting an election by mail.
  (2) When conducting an election by mail, the county clerk may
designate the county clerk's office or one central location in
the electoral district in which the election is conducted as the
single place to obtain a replacement ballot under subsection (9)
of this section. The Secretary of State by rule shall establish
requirements and criteria for the designation of places of
deposit for the ballots cast in the election. The places
designated under this section shall be open on the date of the
election for a period, determined by the county clerk, of eight
or more hours, but must be open until at least 8 p.m.
  (3)(a) Except as provided in paragraphs (b), (c) and (d) of
this subsection, the county clerk shall mail by nonforwardable
mail an official ballot with a return identification envelope and
a secrecy envelope not sooner than the 18th day before the date
of an election conducted by mail and not later than the 14th day
before the date of the election, to each active elector of the
electoral district as of the 21st day before the date of the
election.
  (b) Notwithstanding paragraph (a) of this subsection, if the
county clerk determines that an active elector of the electoral
district as of the 21st day before the date of the election does
not receive daily mail service from the United States Postal
Service, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope to the elector not sooner than the 20th day
before the date of an election conducted by mail and not later
than the 18th day before the date of the election.
  (c) Notwithstanding paragraph (a) of this subsection, the
Secretary of State by rule shall specify the date on which all
ballots shall be mailed for any state election conducted by mail
under ORS 254.465 (2).
  (d) Notwithstanding paragraph (a) of this subsection, in the
case of ballots to be mailed to addresses outside this state to
electors who are not long-term absent electors, the county clerk
may mail the ballots not sooner than the 29th day before the date
of the election.
 
  (4) For an election held on the date of a biennial  { + or
presidential preference + } primary election:
  (a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
  (b) An elector not affiliated with any political party shall be
mailed the ballot of a major political party in whose biennial
 { +  or presidential preference + } primary election the elector
wishes to vote if the elector has applied for the ballot as
provided in this subsection and that party has provided under ORS
254.365 for a biennial  { + or presidential preference + }
primary election that admits electors not affiliated with any
political party.
  (c) An elector not affiliated with any political party who
wishes to vote in the biennial  { + or presidential
preference + } primary election of a major political party shall
apply to the county clerk in writing. Except for electors
described in subsection (5) of this section, and subject to ORS
247.203, the application must be received by the clerk not later
than 5 p.m. of the 21st day before the date of the election.
  (d) If the biennial  { + or presidential preference + } primary
election ballot includes city, county or nonpartisan offices or
measures, an elector not eligible to vote for party candidates
shall be mailed a ballot limited to those offices and measures
for which the elector is eligible to vote.
  (5) For each elector who updates a voter registration after the
deadline in ORS 247.025, the county clerk shall make the official
ballot, the return identification envelope and the secrecy
envelope available by mail at the county clerk's office or at
another place designated by the county clerk. An elector to whom
this subsection applies must request a ballot from the county
clerk. The elector shall mark the ballot, sign the return
identification envelope, comply with the instructions provided
with the ballot and return the ballot in the return
identification envelope to the county clerk.
  (6) Notwithstanding subsection (3) or (4) of this section,
replacement ballots need not be mailed after the fifth day before
the date of the election. A replacement ballot may be mailed or
shall be made available in the office of the county clerk.
  (7) The ballot or ballot label shall contain the following
warning:
_________________________________________________________________
  Any person who, by use of force or other means, unduly
influences an elector to vote in any particular manner or to
refrain from voting, is subject, upon conviction, to imprisonment
or to a fine, or both.
_________________________________________________________________
  (8) This subsection applies to an elector to whom subsection
(3) or (4) of this section applies. Upon receipt of the ballot
the elector shall mark it, sign the return identification
envelope supplied with the ballot and comply with the
instructions provided with the ballot. The elector may return the
marked ballot to the county clerk by United States mail or by
depositing the ballot at the office of the county clerk or any
place of deposit designated by the county clerk. The ballot must
be returned in the return identification envelope. If the elector
returns the ballot by mail, the elector must provide the postage.
A ballot must be received at the office of the county clerk or
the designated place of deposit not later than the end of the
period determined under subsection (2) of this section on the
date of the election.
  (9) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector. The
county clerk shall keep a record of each replacement ballot
provided under this subsection.
  (10) A ballot shall be counted only if:
  (a) It is returned in the return identification envelope;
  (b) The envelope is signed by the elector to whom the ballot is
issued; and
  (c) The signature is verified as provided in subsection (11) of
this section.
  (11) The county clerk shall verify the signature of each
elector on the return identification envelope with the signature
on the elector's registration card, according to the procedure
provided by rules adopted by the Secretary of State. If the
county clerk determines that an elector to whom a replacement
ballot has been issued has voted more than once, the county clerk
shall not count any ballot cast by that elector.
  (12) At 8 p.m. on election day, electors who are at the clerk's
office or a site designated under subsection (2) of this section
and who are in line waiting to vote or deposit a voted ballot
shall be considered to have begun the act of voting.
  SECTION 36. ORS 254.474 is amended to read:
  254.474. (1) Notwithstanding ORS 254.465 (1), at each biennial
 { + or presidential preference + } primary election and general
election, the county clerk shall maintain voting booths in the
county as follows:
  (a) In each county with 35,000 or more electors in the county,
the county clerk shall maintain a number of voting booths equal
to at least one voting booth for every 20,000 electors in the
county; and
  (b) In each county with fewer than 35,000 electors in the
county, the county clerk shall maintain at least one voting
booth.
  (2) The county clerk may determine the location of the voting
booths required under this section.
  SECTION 37. ORS 254.545 is amended to read:
  254.545. The county clerk:
  (1) As soon as possible after any election, shall prepare
abstracts of votes. The abstract for election of Governor shall
be on a sheet separate from the abstracts for other offices and
measures.
  (2) On completion of the abstracts, shall record a complete
summary of votes cast in the county for each office, candidate
for office and measure. The county clerk shall sign and certify
this record. After the biennial  { + or presidential
preference + } primary election, the county clerk, for each
office for which the clerk is filing officer, shall enter in a
register of nominations 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.
  (3) Not later than the 20th day after the election, shall
deliver a copy of the abstracts for other than county offices to
the appropriate elections officials. The abstract for election of
Governor shall be delivered separately to the Secretary of State
as provided in section 4, Article V, Oregon Constitution.
  (4) Not later than the 30th day after the election, shall
proclaim which county measure is paramount, if two or more
approved county measures contain conflicting provisions.
  (5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to county or precinct offices.
  (6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks
are entitled. The county governing body shall order the
compensation paid by county funds.
  SECTION 38. 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
 { + or presidential preference + } 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) 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) Issue a proclamation declaring the election of candidates
to the offices.
  (2) 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.
  SECTION 39. ORS 260.058 is amended to read:
  260.058. (1) Except as otherwise provided in ORS 260.112 and
subsection (3) of this section, each candidate seeking nomination
or election at the biennial  { + or presidential preference + }
primary election or at any election other than the general
election, or a candidate's principal campaign committee at the
biennial  { + or presidential preference + } primary election or
at any election other than the general election, shall file the
following with the filing officer:
  (a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
39th day and not later than the 29th day before the date of the
election. The accounting period for the statement required by
this paragraph begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 or 260.037
unless a candidate or a candidate's principal campaign committee
has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing an
unexpended balance of contributions or an expenditure deficit. If
such a post-election or supplemental statement is filed, the
accounting period begins on the day following the last day of the
accounting period for the statement filed for the previous
election. If a candidate or a candidate's principal campaign
committee has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing no
balance or no deficit, the accounting period begins on the day
that the candidate or the candidate's principal campaign
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit.  The accounting period for the statement required by
this paragraph ends on the 40th day before the date of the
election.
  (b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
eighth day and not later than the fifth day before the date of
the election. The accounting period for this statement begins on
the 39th day before the date of the election and ends on the
ninth day before the date of the election.
 
  (c) A supplement to the second preelection statement on the day
before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the candidate
or committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A candidate or treasurer of the
candidate's principal campaign committee who filed a certificate
under ORS 260.112 shall file a supplement under this paragraph if
the aggregate contributions exceed $2,000 because of
contributions received after the ninth day and before the day
preceding the day of the election.
  (d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the eighth day before the date of the
election and ends on the 20th day after the date of the election.
  (2) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
  (3) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. The statements required by
federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. At any
time the Secretary of State by rule may make a determination that
the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
  (4) Each statement and the supplement required by this section
shall be signed and certified as true by the candidate or
treasurer required to file it.
  SECTION 40. ORS 260.063 is amended to read:
  260.063. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the biennial  { + or presidential preference + }
primary election or any election other than the general election
shall file the following with each appropriate filing officer:
  (a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 39th day and not later than the 29th day before
the date of the election. The accounting period for the statement
required by this paragraph begins on the date that the name of a
treasurer is certified to the filing officer under ORS 260.035
unless a political committee has filed a post-election or
supplemental statement of contributions and expenditures showing
an unexpended balance of contributions or an expenditure deficit
for a previous election. If such a post-election or supplemental
statement is filed, the accounting period begins on the day
following the last day of the accounting period for the statement
filed for the previous election. If a political committee has
filed a post-election or supplemental statement of contributions
and expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that the
political committee next receives a contribution or makes an
expenditure. If the statement for a previous election shows an
unexpended balance of contributions or an expenditure deficit,
the beginning balance on the statement required by this paragraph
shall be the amount of the unexpended balance of contributions or
expenditure deficit. The accounting period for the statement
required by this paragraph ends on the 40th day before the date
of the election.
  (b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the eighth day and not later than the fifth day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 39th day
before the date of the election and ends on the ninth day before
the date of the election.
  (c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the political
committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A treasurer of a political
committee who filed a certificate under ORS 260.112 shall file a
supplement under this paragraph if the aggregate contributions
exceed $2,000 because of contributions received after the ninth
day and before the day preceding the day of the election.
  (d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for the statement
required by this paragraph begins on the eighth day before the
date of the election and ends on the 20th day after the date of
the election.
  (2) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit.  The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
  (3) A political committee shall prepare one original copy of
each statement required by subsection (1) of this section and
file a duplicate copy of the statement with the filing officer of
each candidate or measure supported or opposed by the political
committee. The statement and each duplicate copy shall be signed
and certified as true by the treasurer required to file it.
  (4) A political committee shall file the supplemental statement
described in subsection (2) of this section with the filing
officer with whom the political committee's statement of
organization is filed and need not file any supplemental
statement with any other filing officer. The supplemental
statement shall be signed and certified as true by the treasurer
required to file it.
  SECTION 41. ORS 260.073 is amended to read:
 
  260.073. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the general election shall file the following with
each appropriate filing officer:
  (a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 39th day and not later than the 29th day before
the date of the election. For a political committee that
supported or opposed one or more candidates or measures at the
biennial  { + or presidential preference + } primary election,
the accounting period for the statement required by this
paragraph begins on the 21st day after the   { - biennial - }
primary election { +  at which the committee supported or opposed
one or more candidates or measures. If the committee supported or
opposed one or more candidates or measures at both primary
elections, the accounting period for the statement begins on the
21st day after the later election + }. Otherwise, the accounting
period for the statement begins on the date that the name of a
treasurer is certified to the filing officer under ORS 260.035
unless a political committee has filed a post-election or
supplemental statement of contributions and expenditures showing
an unexpended balance of contributions or an expenditure deficit
for a previous election.  If such a post-election or supplemental
statement is filed, the accounting period begins on the day
following the last day of the accounting period for the statement
filed for the previous election. If a political committee has
filed a post-election or supplemental statement of contributions
and expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that political
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by this
paragraph ends on the 40th day before the date of the election.
  (b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the eighth day and not later than the fifth day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 39th day
before the date of the election and ends on the ninth day before
the date of the election.
  (c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the political
committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A treasurer of a political
committee who filed a certificate under ORS 260.112 shall file a
supplement under this paragraph if the aggregate contributions
exceed $2,000 because of contributions received after the ninth
day and before the day preceding the day of the election.
  (d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for a statement
required by this paragraph begins on the eighth day before the
date of the election and ends on the 20th day after the date of
the election.
  (2) A political committee affiliated with a political party, a
caucus of either house of the Legislative Assembly, a legislative
official or a statewide official as defined in ORS 244.020, the
Governor, Governor-elect or candidate for Governor shall file a
supplement to the post-election statement of contributions
received and expenditures made by or on behalf of the political
committee not sooner than the first business day in January and
not later than the Friday before the second Monday in January.
The supplement shall be filed if the aggregate contributions
received from any political committee or other person exceed $500
during the period beginning after the 20th day after the date of
the election and ending on December 31 and shall disclose only
those contributions received from any political committee or
other person that exceed an aggregate of $500 during the period
beginning after the 20th day after the date of the election and
ending on December 31. The supplement shall be written but may be
transmitted to the filing officer by any means available. A
treasurer of a political committee described in this subsection
who filed a certificate under ORS 260.112 shall file a supplement
under this subsection if the aggregate contributions exceed
$2,000 because of contributions received after the 20th day
following the election and prior to January 1 of the following
year.
  (3) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit.  The accounting period for a statement required under
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
  (4) A political committee shall prepare one original copy of
each statement required by subsection (1) of this section and
file a duplicate copy of the statement with the filing officer of
each candidate or measure supported or opposed by the political
committee. The statement and each duplicate copy shall be signed
and certified as true by the treasurer required to file it.
  (5) A political committee shall file the supplemental statement
described in subsection (3) of this section with the filing
officer with whom the political committee's statement of
organization is filed and need not file any supplemental
statement with any other filing officer. The supplemental
statement shall be signed and certified as true by the treasurer
required to file it.
  SECTION 42. ORS 260.215 is amended to read:
  260.215. (1) Not later than the third month after the date of a
biennial  { + primary election, presidential preference + }
primary election or general election, each filing officer shall
examine each statement relating to the election filed with the
officer under ORS 260.044 (1), 260.058, 260.063, 260.068,
260.073, 260.083, 260.102 or 260.112 to determine whether the
statement is sufficient. The filing officer may require any
person to answer in writing and upon oath or affirmation before a
judge, justice of the peace, county clerk or notary public any
question within the knowledge of that person concerning the
source of any contribution. The inquiry shall advise the person
concerned of the penalty for failure to answer.
  (2) Subsection (1) of this section applies in regard to a
statement filed under ORS 260.118, except that the filing officer
shall examine such a statement not later than the third month
after the date the statement is filed.
  SECTION 43. ORS 260.532 is amended to read:
  260.532. (1) No person shall cause to be written, printed,
published, posted, communicated or circulated, any letter,
circular, bill, placard, poster, photograph or other publication,
or cause any advertisement to be placed in a publication, or
singly or with others pay for any advertisement, with knowledge
or with reckless disregard that the letter, circular, bill,
placard, poster, photograph, publication or advertisement
contains a false statement of material fact relating to any
candidate, political committee or measure.
  (2) As used in subsection (1) of this section, 'cause' does not
include the broadcast of an advertisement by a radio or
television station or cable television company unless the
advertisement is for:
  (a) The candidacy of the owner, licensee or operator of the
station or company; or
  (b) A ballot measure of which a chief petitioner is the owner,
licensee or operator of the station or company.
  (3) A candidate who knows of and consents to a publication or
advertisement prohibited by this section with knowledge or with
reckless disregard that it contains a false statement of material
fact, violates this section regardless of whether the candidate
has participated directly in the publication or advertisement.
  (4) There is a rebuttable presumption that a candidate knows of
and consents to any publication or advertisement prohibited by
this section caused by a political committee over which the
candidate exercises any direction and control.
  (5) Any candidate or political committee aggrieved by a
violation of this section shall have a right of action against
the person alleged to have committed the violation. The aggrieved
party may file the action in the circuit court for any county in
this state in which a defendant resides or can be found or, if
the defendant is a nonresident of this state, in the circuit
court for any county in which the publication occurred. To
prevail in such an action, the plaintiff must show by clear and
convincing evidence that the defendant violated subsection (1) of
this section.
  (6) A plaintiff who prevails in an action provided by
subsection (5) of this section may recover economic and
noneconomic damages, as defined in ORS 18.560, or $2,500,
whichever is greater. The court may award such additional
equitable relief as it considers necessary or proper. The
equitable relief may include, but is not limited to, a
requirement that a retraction of the false statement be
disseminated in the manner directed by the court. Proof of
entitlement to economic and noneconomic damages must be by a
preponderance of evidence. The court shall award the prevailing
party reasonable attorney fees at trial and on appeal.
  (7) A political committee has standing to bring an action
provided by subsection (5) of this section as plaintiff in its
own name, if its purpose as evidenced by its preelection
activities, solicitations and publications has been injured by
the violation and if it has fully complied with the provisions of
this chapter.  In an action brought by a political committee as
provided by subsection (5) of this section, the plaintiff may
recover economic and noneconomic damages for all injury to the
purpose of the committee as provided in subsection (6) of this
section.
  (8) If a judgment is rendered in an action under this section
against a defendant who has been nominated to public office or
elected to a public office other than state Senator or state
Representative, and it is established by clear and convincing
evidence that the false statement was deliberately made or caused
to be made by the defendant, the finder of fact shall determine
whether the false statement reversed the outcome of the election.
If the finder of fact finds by clear and convincing evidence that
the false statement reversed the outcome of the election, the
defendant shall be deprived of the nomination or election and the
nomination or office shall be declared vacant.
 
  (9) An action under this section must be filed not later than
the 30th day after the election relating to which a publication
or advertisement in violation of this section was made.
Proceedings on a complaint filed under this section shall have
precedence over all other business on the docket. The courts
shall proceed in a manner which will ensure that:
  (a) Final judgment on a complaint which relates to a biennial
 { +  or presidential preference + } primary election or
nominating election is rendered before the 30th day before the
general election; and
  (b) Final judgment on a complaint which relates to an election
to an office is rendered before the term of that office begins.
  (10) The remedy provided by this section is the exclusive
remedy for a violation of this section.
  SECTION 44. ORS 316.102 is amended to read:
  316.102. (1) A credit against taxes shall be allowed for
voluntary contributions in money made in the taxable year:
  (a) To a major political party qualified under ORS 248.006 or
to a committee thereof or to a minor political party qualified
under ORS 248.008 or to a committee thereof.
  (b) To or for the use of a person who must be a candidate for
nomination or election to a federal, state or local elective
office in any biennial  { + or presidential preference + }
primary election, general election or special election in this
state. The person must, in the calendar year in which the
contribution is made, either be listed on a biennial  { + or
presidential preference + } primary election, general election or
special election ballot in this state or have filed in this state
one of the following:
  (A) A prospective petition;
  (B) A declaration of candidacy;
  (C) A certificate of nomination; or
  (D) A designation of a principal campaign committee.
  (c) To a political committee, as defined in ORS 260.005, if the
political committee has certified the name of its treasurer to
the filing officer, as defined in ORS 260.005, in the manner
provided in ORS chapter 260.
  (2) The credit allowed by subsection (1) of this section shall
be the lesser of:
  (a) The total contribution, not to exceed $50 on a separate
return; the total contribution, not to exceed $100 on a joint
return; or
  (b) The tax liability of the taxpayer.
  (3) The claim for tax credit shall be substantiated by
submission, with the tax return, of official receipts of the
candidate, agent, political party or committee thereof or
political committee to whom contribution was made.
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