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 1201
(Including Amendments to Resolve Conflicts)
B-Engrossed
House Bill 2581
Ordered by the Senate July 4
Including Senate Amendments dated June 27 and July 4
Sponsored by COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC
AFFAIRS (at the request of Secretary of State Bill Bradbury and
Association of County Clerks)
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.
Revises election laws.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
44.510, 192.502, 246.140, 246.565, 247.013, 247.015, 247.563,
248.355, 249.013, 250.045, 250.127, 250.165, 250.265, 251.205,
251.215, 251.285, 254.056, 254.235, 254.470, 254.478, 254.485,
254.525, 254.575, 255.135, 258.006, 258.016, 258.036, 258.055,
258.161, 258.171, 258.181, 258.211, 258.221, 258.231, 258.241,
258.250, 258.280, 258.290, 258.300, 260.039, 260.042, 260.045,
260.083, 260.118, 260.156, 260.695, 260.737 and 260.993 and
section 3, chapter 489, Oregon Laws 2001 (Enrolled Senate Bill
216); repealing ORS 260.522; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 247.015 is amended to read:
247.015. (1) A qualified person absent from the state may
register by mailing to the county clerk for the county in which
the person resides a completed registration card or a signed
statement containing the information required on a registration
card.
(2) An otherwise qualified person who will { - complete the
residence requirement or - } attain the age of 18 years { + on
or + }before the { + date of the + } election may register
after the 60th day before the election.
(3) On written request from a qualified person who by physical
incapacity cannot register in the office of the county clerk, the
county clerk of the county in which the person resides shall send
the person a registration card or register the person at the
person's residence.
(4) An otherwise qualified person who will become a United
States citizen after the 21st calendar day immediately preceding
an election may register before the 20th day before the election.
The county clerk of the county in which the person resides shall
cancel the person's registration before the election unless the
person appears before the county clerk and provides evidence of
citizenship.
SECTION 2. ORS 248.355 is amended to read:
248.355. { + (1) + } In a year when a President and Vice
President of the United States are to be nominated and elected,
each political party nominating candidates for those offices
shall select a number of candidates for elector of President and
Vice President equal to the total number of Senators and
Representatives to which this state is entitled in Congress.
{ + (2) + } A candidate { + for elector + } when selected
shall sign a pledge that, if elected, the candidate will vote in
the electoral college for the candidates of the party for
President and Vice President. The Secretary of State shall
prescribe the form of the pledge. The party shall certify the
names of the selected candidates { + for elector + } to { - ,
and file the pledge of each candidate with - } the Secretary of
State not later than the 70th day before the election of
electors.
SECTION 3. ORS 249.013 is amended to read:
249.013. (1) No person shall be a candidate for more than one
lucrative office to be filled at the same election.
(2) No person shall file a nominating petition or declaration
of candidacy for more than one lucrative office or more than one
office of precinct committeeperson before the date of the
election at which a person will be nominated or elected to each
office unless the person first files a written withdrawal, under
ORS 249.170, of the person's initial filing.
(3) If at any time before the date of the election at which a
person will be nominated or elected to each office it is
determined that a person has filed two or more nominating
petitions or declarations of candidacy for any lucrative office
or two or more nominating petitions or declarations of candidacy
for the office of precinct committeeperson without written
withdrawal or withdrawals intervening, all such filings shall be
invalid and any other filing made by the same person shall be
void.
(4)(a) No person shall be a candidate for more than one
district office to be filled at the same election. This paragraph
does not apply to a district that has fewer than 10,000 electors
residing within the district.
(b) No person shall be a candidate for more than one position
on the same district board to be filled at the same election.
(c) As used in this subsection, 'district' means a district as
defined in ORS 255.012.
{ + (5) No person shall be a candidate for more than one city
office to be filled at the same election. + }
{ - (5) - } { + (6) + } Notwithstanding any provision of
this section, in the case of a vacancy to be filled by election,
the same person is eligible for nomination and election to both
the unexpired and the succeeding terms. The name of the candidate
may be placed on the ballot in both places.
SECTION 4. ORS 250.045 is amended to read:
250.045. (1) Before circulating a petition to initiate or refer
a state measure under section 1, Article IV, Oregon Constitution,
the petitioner shall file with the Secretary of State a
prospective petition. The prospective petition for a state
measure to be initiated shall contain a statement of sponsorship
signed by at least 25 electors. { + The statement of sponsorship
shall be attached to a full and correct copy of the measure to be
initiated. + } The signatures in the statement of sponsorship
must be accompanied by a certificate of the county clerk of each
county in which the electors who signed the statement reside,
stating the number of signatures believed to be genuine. The
Secretary of State shall date and time stamp the prospective
petition and specify the form on which the petition shall be
printed for circulation. The secretary shall approve or
disapprove the form of any petition signature sheet within five
business days after the signature sheet is submitted for review
by the secretary. The secretary shall retain the prospective
petition.
(2) The chief petitioner may amend the proposed initiated
measure filed with the Secretary of State without filing another
prospective petition, if:
(a) The Attorney General certifies to the Secretary of State
that the proposed amendment will not substantially change the
substance of the measure; and
(b) The deadline for submitting written comments on the draft
title has not passed.
(3) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 250.065 (1). If a petition seeking a different
ballot title is not filed with the Supreme Court by the deadline
for filing a petition under ORS 250.085, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.067 (2). However, if the Supreme Court has reviewed the
ballot title, the cover of the initiative petition shall contain
the title certified by the court.
(4) The chief petitioners 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 initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners 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.
(5)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the subject expressed in
the title of the Act to be referred.
(b) Each sheet of signatures on an initiative or referendum
petition shall:
(A) Contain only the signatures of electors of one county; and
(B) If one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid.' The notice
shall be in boldfaced type and shall be prominently displayed on
the sheet.
(c) The Secretary of State by rule shall adopt a method of
designation to distinguish signature sheets of referendum
petitions containing the same subject reference and being
circulated during the same period.
(6) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(7) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet of the
initiative or referendum petition that the individuals signed the
sheet in the presence of the circulator and that the circulator
believes each individual is an elector.
(8) The person obtaining signatures on the petition shall carry
at least one full and correct copy of the measure to be initiated
or referred and shall allow any person to review a copy upon
request of the person.
SECTION 5. ORS 250.165 is amended to read:
250.165. (1) Before circulating a petition to initiate or refer
a county measure, the petitioner shall file with the county clerk
a prospective petition. The county clerk immediately shall date
and time stamp the prospective petition, and specify the form on
which the petition shall be printed for circulation. The clerk
shall retain the prospective petition.
(2) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 250.175 (1). If the circuit court has not
reviewed the ballot title under ORS 250.195, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.175 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
(3) The chief petitioners 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 initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners 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.
(4)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the county governing body.
(b) Each sheet of signatures on an initiative or referendum
petition shall { - : - } { + , + }
{ - (A) - } if one or more persons will be paid for
obtaining signatures of electors on the petition, contain a
notice stating: ' Some Circulators For This Petition Are Being
Paid { + . + } ' { - ; and - }
{ - (B) If the person obtaining the signatures on the
initiative or referendum petition is being paid, contain a notice
stating that the person obtaining the signatures is being paid.
The notice shall be in boldfaced type and shall be prominently
displayed on the sheet. - }
(5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(6) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet that the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the county.
(7) If the gathering of signatures exceeds the period of one
year from the time the petition is approved for circulation, any
of the chief petitioners, on or before the anniversary of
approval of the petition for circulation:
(a) Shall file annually, with the county clerk, a statement
that the initiative petition is still active; and
(b) May submit to the county clerk for verification any
signatures gathered on the petition in the preceding year.
(8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under
subsection (7) of this section, the county clerk shall notify the
chief petitioners in writing of the requirements of subsection
(7) of this section. The notice shall be sent by certified mail,
return receipt requested.
(9) A county clerk shall not accept for filing any petition
which has not met the provisions of subsection (7) of this
section.
(10) The person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
initiated or referred and shall allow any person to review a copy
upon request of the person.
SECTION 6. ORS 250.265 is amended to read:
250.265. (1) Before circulating a petition to initiate or refer
a city measure, the petitioner shall file with the city elections
officer a prospective petition. The officer immediately shall
date and time stamp the prospective petition, and specify the
form on which the petition shall be printed for circulation. The
officer shall retain the prospective petition.
(2) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 250.275 (1). If the circuit court has not
reviewed the ballot title under ORS 250.296, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.275 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
(3) The chief petitioners 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 initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners 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.
(4)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the city governing body.
(b) Each sheet of signatures on an initiative or referendum
petition shall { - : - } { + , + }
{ - (A) - } if one or more persons will be paid for
obtaining signatures of electors on the petition, contain a
notice stating: ' Some Circulators For This Petition Are Being
Paid { + . + } ' { - ; and - }
{ - (B) If the person obtaining the signatures on the
initiative or referendum petition is being paid, contain a notice
stating that the person obtaining the signatures is being paid.
The notice shall be in boldfaced type and shall be prominently
displayed on the sheet. - }
(5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(6) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet that the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the city.
(7) If the gathering of signatures exceeds the period of one
year from the time the petition is approved for circulation, any
of the chief petitioners, on or before the anniversary of
approval of the petition for circulation:
(a) Shall file annually, with the city elections officer, a
statement that the initiative petition is still active; and
(b) May submit to the city elections officer for verification
any signatures gathered on the petition in the preceding year.
(8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under
subsection (7) of this section, the city elections officer shall
notify the chief petitioners in writing of the requirements of
subsection (7) of this section. The notice shall be sent by
certified mail, return receipt requested.
(9) A city elections officer shall not accept for filing any
petition which has not met the provisions of subsection (7) of
this section.
(10) The person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
initiated or referred and shall allow any person to review a copy
upon request of the person.
SECTION 7. ORS 255.135 is amended to read:
255.135. (1) Before circulating a petition to initiate or refer
a district measure, the petitioner shall file with the elections
officer a prospective petition. The elections officer immediately
shall date and time stamp the prospective petition, and specify
the form on which the petition shall be printed for circulation.
The officer shall retain the prospective petition.
(2) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 255.145 (1). If the circuit court has not
reviewed the ballot title under ORS 255.155, the cover of an
initiative petition shall contain the ballot title described in
ORS 255.145 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
(3) The chief petitioners 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 initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners 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.
(4)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the number of the
ordinance to be referred and the date it was adopted by the
district board.
(b) Each sheet of signatures on an initiative or referendum
petition shall { - : - } { + , + }
{ - (A) - } if one or more persons will be paid for
obtaining signatures of electors on the petition, contain a
notice stating: ' Some Circulators For This Petition Are Being
Paid { + . + } ' { - ; and - }
{ - (B) If the person obtaining the signatures on the
initiative or referendum petition is being paid, contain a notice
stating that the person obtaining the signatures is being paid.
The notice shall be in boldfaced type and shall be prominently
displayed on the sheet. - }
(5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(6) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet that the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the district.
(7) If the gathering of signatures exceeds the period of one
year from the time the petition is approved for circulation, any
of the chief petitioners, on or before the anniversary of
approval of the petition for circulation:
(a) Shall file annually with the elections officer a statement
that the initiative petition is still active; and
(b) May submit to the elections officer for verification any
signatures gathered on the petition in the preceding year.
(8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under
subsection (7) of this section, the elections officer shall
notify the chief petitioners in writing of the requirements of
subsection (7) of this section. The notice shall be sent by
certified mail, return receipt requested.
(9) The elections officer shall not accept for filing any
petition which has not met the provisions of subsection (7) of
this section.
(10) The person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
initiated or referred and shall allow any person to review a copy
upon request of the person.
SECTION 8. ORS 250.127 is amended to read:
250.127. (1) Not later than the 99th day before a special
election held on the date of a { - biennial - } primary
election or any general election at which any state measure is to
be submitted to the people, the officials named in ORS 250.125
shall prepare and file with the Secretary of State, estimates as
described in ORS 250.125. The officials named in ORS 250.125 may
begin preparation of the estimates described in ORS 250.125 on
the date that a petition is accepted for verification of
signatures under ORS 250.105 or the date that a measure referred
by the Legislative Assembly is filed with the Secretary of State,
whichever is applicable.
(2) Not { - sooner than the 98th nor - } later than the 95th
day before the election, the Secretary of State shall hold a
hearing in Salem upon reasonable statewide notice to receive
suggested changes to the estimates or other information. At the
hearing any person may submit suggested changes or other
information orally or in writing. Written suggestions or other
information also may be submitted at any time before the hearing.
(3) The officials named in ORS 250.125 shall consider
suggestions and any other information submitted under subsection
(2) of this section, and may file revised estimates with the
Secretary of State not later than the 90th day before the
election.
(4) Except as provided in subsection (5) of this section, the
original estimates and any revised estimates shall be approved by
at least three of the officials named in ORS 250.125. If an
official does not concur, the estimates shall show only that the
official dissents. The Secretary of State shall certify final
estimates not later than the 90th day before the election at
which the measure is to be voted upon. All estimates prepared
under ORS 250.125 and this section shall be made available to the
public.
(5) If two or more of the officials named in ORS 250.125 do not
approve the estimates, the Secretary of State alone shall
prepare, file and certify the estimates not later than the 88th
day before the election at which the measure is to be voted upon
with the data upon which it is based.
(6) The support or opposition of any official named in ORS
250.125 to the original or revised estimates shall be indicated
in the minutes of any meeting of the officials. Meetings of the
officials shall be open to the public. Designees of the officials
named in ORS 250.125 may attend any meetings of the officials in
the place of the officials, but the designees may not vote to
approve or oppose any estimates.
(7) A failure to prepare, file or certify estimates under ORS
250.125, this section or ORS 250.131 shall not prevent the
inclusion of the measure in the voters' pamphlet or placement of
the measure on the ballot.
(8) If the estimates are not delivered to the county clerk by
the 61st day before the election, the county clerk may proceed
with the printing of ballots. The county clerk shall not be
required to reprint ballots to include the estimates or to
provide supplemental information that includes the estimates.
SECTION 9. ORS 251.205 is amended to read:
251.205. (1) As used in this section, 'proponents' means:
(a) With respect to any state measure initiated or referred by
petition, the chief petitioners; or
(b) With respect to a measure referred by the Legislative
Assembly, the President of the Senate, who shall appoint a
Senator, and the Speaker of the House of Representatives, who
shall appoint a Representative.
(2) For each state measure to be submitted to the people at a
special election held on the date of a { - biennial - }
primary election or any general election, a committee of five
citizens shall be selected to prepare the explanatory statement
under ORS 251.215.
(3) Not later than the 120th day before the election, the
proponents of the measure shall appoint two members to the
committee and notify the Secretary of State in writing of the
selections. If the proponents do not appoint two members, the
Secretary of State shall appoint two members of the committee
from among supporters, if any, of the measure not later than the
118th day before the election.
(4) Not later than the 118th day before the election, the
Secretary of State shall appoint two members of the committee
from among the opponents, if any, of the measure.
(5) The four appointed members of the committee shall select
the fifth member and notify the Secretary of State in writing of
the selection. If the four members have not selected the fifth
member by the 111th day before the election, the fifth member
shall be appointed by the Secretary of State not later than the
109th day before the election.
(6) A vacancy shall be filled not later than two business days
after the vacancy occurs by the person who made the original
appointment. Unless the Secretary of State fills a vacancy, the
person filling the vacancy shall notify the Secretary of State in
writing of the selection.
(7) With respect to a measure referred by the Legislative
Assembly, a Senator or Representative appointed under subsection
(2) of this section may disclose whether the Senator or
Representative supports or opposes the state measure. The
Secretary of State shall print the disclosure in the voters'
pamphlet following the explanatory statement.
(8) The Legislative Administration Committee shall provide any
administrative staff assistance required by the explanatory
statement committee to facilitate the work of the explanatory
statement committee under this section or ORS 251.215.
{ + (9) For purposes of this section, 'measure' includes an
initiative petition relating to a state measure that has been
filed with the Secretary of State for the purpose of verifying
signatures under ORS 250.105. The requirements of this section
shall not apply to the petition if the secretary determines that
the petition contains less than the required number of signatures
of electors. + }
SECTION 10. ORS 251.215 is amended to read:
251.215. (1) Not later than the 99th day before a special
election held on the date of a { - biennial - } primary
election or any general election at which any state measure is to
be submitted to the people, the committee appointed under ORS
251.205 shall prepare and file with the Secretary of State, an
impartial, simple and understandable statement explaining the
measure. The statement shall not exceed 500 words.
(2) Not { - sooner than the 98th nor - } later than the 95th
day before the election, the Secretary of State shall hold a
hearing in Salem upon reasonable statewide notice to receive
suggested changes or other information relating to any
explanatory statement. At the hearing any person may submit
suggested changes or other information orally or in writing.
Written suggestions or other information also may be submitted at
any time before the hearing.
(3) The committee for each measure shall consider suggestions
and any other information submitted under subsection (2) of this
section, and may file a revised statement with the Secretary of
State not later than the 90th day before the election.
(4) The original statement and any revised statement must be
approved by at least three members of the committee. If a member
does not concur, the statement shall show only that the member
dissents.
{ + (5) For purposes of this section, 'measure' includes an
initiative petition relating to a state measure that has been
filed with the Secretary of State for the purpose of verifying
signatures under ORS 250.105. The requirements of this section
shall not apply to the petition if the secretary determines that
the petition contains less than the required number of signatures
of electors. + }
SECTION 11. ORS 251.285 is amended to read:
251.285. (1) If any county measure or any measure of a
metropolitan service district organized under ORS chapter 268,
and the ballot title, explanatory statement and arguments
relating to the measure, are to be included by the Secretary of
State in the state voters' pamphlet as provided in ORS 251.067,
the requirements of this section shall be satisfied.
(2) The county or district measure, ballot title, explanatory
statement and arguments shall not be printed in the voters'
pamphlet unless:
(a) The ballot title is a concise and impartial statement of
the purpose of the measure;
(b) The explanatory statement is an impartial, simple and
understandable statement explaining the measure and its effect;
(c) The county or metropolitan service district adopts and
complies with an ordinance that provides a review procedure for a
ballot title or explanatory statement which is contested because
it does not comply with the requirements of paragraph (a) or (b)
of this subsection;
(d) The county or metropolitan service district adopts and
complies with an ordinance that provides for acceptance of
typewritten arguments relating to the measure to be printed on
{ - 29.8 - } { + 30 + } square inches of the voters'
pamphlet; and
(e) The county or metropolitan service district does not
require of a person filing an argument a payment of more than
$300, or a petition containing more than a number of signatures
equal to 1,000 electors eligible to vote on the measure or 10
percent of the total of such electors, whichever is less.
(3) Any judicial review of a determination made under the
review procedures adopted under subsection (2)(c) of this section
shall be first and finally in the circuit court of the judicial
district in which the county is located or, for a district
measure, in the circuit court of the judicial district in which
the administrative office of the metropolitan service district is
located.
(4) If the county or metropolitan service district has adopted
and complied with ordinances prescribed in subsection (2) of this
section, the decision to include the county or district measure,
ballot title, explanatory statement and arguments in the voters'
pamphlet shall be made by:
(a) The county governing body with regard to any county measure
or the council of the metropolitan service district with regard
to any district measure;
(b) The chief petitioners of the initiative or referendum with
regard to a county or district measure initiated or referred by
the people. The chief petitioners shall indicate their decision
in a statement signed by all of the chief petitioners and filed
with the county clerk or, for a district measure, with the
executive officer of the metropolitan service district; or
(c) A political committee, as defined in ORS 260.005, that
opposes the county or district measure. The committee shall
indicate its decision in a statement signed by every committee
director, as defined in ORS 260.005, and filed with the county
clerk or, for a district measure, with the executive officer of
the metropolitan service district.
(5) The county or metropolitan service district shall file the
measure, ballot title, explanatory statement and arguments with
the Secretary of State not later than the 70th day before the
general election or the 68th day before a special election held
on the date of any { - biennial - } primary election. The
county or district shall pay to the Secretary of State the cost
of including the county or district material in the pamphlet as
determined by the secretary. The Secretary of State shall not
have this material printed in the pamphlet unless:
(a) The time for filing a petition for judicial review of a
determination made under subsection (2)(c) of this section has
passed; and
(b) The measure, title, statement and arguments properly filed
with the county or metropolitan service district, are delivered
to the secretary.
SECTION 12. 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.
SECTION 13. { + (1) The amendments to ORS 254.056 by section
12 of this 2001 Act are intended to change the name of the
biennial primary election to the primary election.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the biennial primary
election, wherever they occur in Oregon Revised Statutes, other
words designating the primary election. + }
SECTION 14. 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 rules
shall also specify the dates and times the places of deposit must
be open and the security requirements for the places of deposit.
At a minimum, + } 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 - }
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 - } 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 - } 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 - } 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 { + county + } clerk not later than 5 p.m. of the 21st day
before the date of the election.
(d) If the { - biennial - } 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 { + either + } by mail { + or + } 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) - } { + (6) + } 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) - } { + (7) + } { - This subsection applies to an
elector to whom subsection (3) or (4) of this section
applies. - } Upon receipt of
{ - the - } { + any + } ballot { + described in this
section, + } the elector shall mark
{ - it - } { + the ballot + }, 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 - } { + at + } any place of deposit designated by the
county clerk { + or at any location described in ORS 254.472 or
254.474 + }. 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 { + or at any location described
in ORS 254.472 or 254.474 + } not later than the end of the
period determined under subsection (2) of this section on the
date of the election.
{ - (9) - } { + (8) + } An elector may obtain a replacement
ballot if the ballot is destroyed, spoiled, lost or not received
by the elector. { + Replacement ballots shall be issued and
processed as described in this section and section 27 of this
2001 Act. + } The county clerk shall keep a record of each
replacement ballot provided under this subsection.
{ + Notwithstanding any deadline for mailing ballots in
subsection (3) or (4) of this section, a replacement ballot may
be mailed, made available in the office of the county clerk or
made available at one central location in the electoral district
in which the election is conducted. The county clerk shall
designate the central location. A replacement ballot need not be
mailed after the fifth day before the date of the election. + }
{ - (10) - } { + (9) + } 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) - } { + (10) + } of this section.
{ - (11) - } { + (10) + } 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 - } { + only
one + } ballot cast by that elector.
{ - (12) - } { + (11) + } At 8 p.m. on election day,
electors who are at the { + county + } clerk's office { + , + }
{ - or - } a site designated under subsection (2) of this
section { + or any location described in ORS 254.472 or
254.474 + } and who are in line waiting to vote or deposit a
voted ballot shall be considered to have begun the act of voting.
SECTION 15. ORS 254.478 is amended to read:
254.478. Not sooner than the { - fifth - } { + seventh + }
day before the date of an election, in preparation for counting
ballots delivered by mail, the county clerk may begin opening
return identification and secrecy envelopes of ballots delivered
by mail and received by the county clerk. The county clerk may
take any other actions that are necessary to allow the counting
of ballots delivered by mail to begin on election day.
SECTION 16. ORS 260.695 is amended to read:
260.695. (1) No person shall print or circulate an imitation of
the ballot or sample ballot, or a portion of the ballot or sample
ballot, which contains information which will not appear, or
deletes information which will appear, on the ballot or sample
ballot, or that portion of the ballot or sample ballot, unless
the imitation of the ballot or sample ballot, or portion of the
ballot or sample ballot, contains the following statement in bold
type: ' NOT FOR OFFICIAL USE.' This subsection does not prohibit
the printing or circulation of an imitation of a ballot which
illustrates the manner in which a candidate's name may be written
in for an office.
(2) No person, within any building in which a polling place is
located or within 100 feet measured radially from any entrance to
the building, shall do any electioneering, including circulating
any cards or hand bills, or soliciting signatures to any
petition. No person shall do any electioneering by public address
system located more than 100 feet from an entrance to the
building but capable of being understood within 100 feet of the
building. The electioneering need not relate to the election
being conducted.
(3) No person shall obstruct an entrance of a building in which
a polling place is located.
{ - (4) No person, within a polling place, shall wear a
political badge, button or other insignia. - }
{ - (5) - } { + (4) + } No person shall vote or offer to
vote in any election or at any polling place knowing the person
is not entitled to vote.
{ - (6) - } { + (5) + } No person at a polling place, other
than an election board member, shall deliver a ballot to an
elector.
{ - (7) - } { + (6) + } No elector other than an absent
elector shall knowingly receive a ballot from any other person
than an election board member.
{ - (8) - } { + (7) + } No person shall make a false
statement about the person's inability to mark a ballot.
{ - (9) - } { + (8) + } No person, except an elections
official in performance of duties or other person providing
assistance to a handicapped elector, shall ask a person at the
polling place for whom that person intends to vote, or examine or
attempt to examine the person's ballot.
{ - (10) - } { + (9) + } No person shall show the person's
own marked or punched ballot to another person to reveal how it
was marked or punched.
{ - (11) - } { + (10) + } No elections official, other than
in the performance of duties, shall disclose to any person any
information by which it can be ascertained for whom any elector
has voted.
{ - (12) - } { + (11) + } No person, other than an
elections official in performance of duties, shall do anything to
a ballot to permit identification of the person who voted.
{ - (13) - } { + (12) + } No elector shall deliver a ballot
to an election board member except the ballot the elector
received from an election board member. Nothing in this
subsection shall prohibit a person from delivering any absentee
ballot or ballots to an election board member.
{ - (14) - } { + (13) + } No person, except an election
board member, shall receive from an elector other than an absent
elector a marked or punched ballot.
{ - (15) - } { + (14) + } No elector shall willfully leave
in the polling place anything that will show how the elector's
ballot was marked or punched.
{ - (16) - } { + (15) + } No person, except an elections
official in performance of duties, shall remove a ballot from any
polling place.
{ - (17) - } { + (16) + } No person, except an elections
official in performance of duties or a person authorized by that
official, shall willfully deface, remove, alter or destroy a
posted election notice.
{ - (18) - } { + (17) + } No person, except an elections
official in performance of duties, shall willfully remove, alter
or destroy election equipment or supplies, or break the seal or
open any sealed package containing election supplies.
SECTION 17. ORS 260.737 is amended to read:
260.737. (1) A slate mailer organization shall not send a slate
mailer unless all of the following are satisfied:
(a) The name and address of the slate mailer organization shall
be shown on the outside of each piece of the slate mailer in a
legible size and type.
(b) The following notice shall appear in a legible size and
type at the top or bottom of the front side of the slate mailer:
_________________________________________________________________
NOTICE TO VOTERS
THIS DOCUMENT WAS NOT PREPARED BY A POLITICAL PARTY COMMITTEE OR
PARTY CAUCUS COMMITTEE.
CANDIDATES AND MEASURES MARKED WITH AN * PAID FOR APPEARANCE IN
THIS DOCUMENT.
_________________________________________________________________
(c) Each candidate that has paid to appear in the slate mailer
and each measure on whose behalf payment has been received to
appear in the slate mailer shall be designated by an asterisk of
legible size immediately following the name of the candidate or
the name or number of the measure in each instance where the name
of the candidate or the name or number of the measure appears in
the slate mailer.
(2) The Secretary of State by rule shall define 'legible size'
and 'legible size and type' as used in this section.
(3) For purposes of ORS 260.735 and this section, 'address '
means the address of a residence, office, headquarters or similar
location where the slate mailer organization or a responsible
officer of the slate mailer organization may be conveniently
located. If the slate mailer organization is a political
committee, the address shall be the address of the political
committee included in the statement of organization under ORS
260.039 or 260.042.
{ - (4) Nothing in this section is intended to affect the
requirements of ORS 260.522. - }
{ - (5) - } { + (4) + } The Secretary of State by rule may
define the term ' payment' as used in this section and ORS
260.005 (20) and 260.735.
SECTION 18. ORS 44.510 is amended to read:
44.510. As used in ORS 44.510 to 44.540, unless the context
requires otherwise:
(1) 'Information' has its ordinary meaning and includes, but is
not limited to, any written, oral, pictorial or electronically
recorded news or other data.
(2) 'Medium of communication' has its ordinary meaning and
includes, but is not limited to, any newspaper, magazine or other
periodical, book, pamphlet, news service, wire service, news or
feature syndicate, broadcast station or network, or cable
television system. Any information which is a portion of a
governmental utterance made by an official or employee of
government within the scope of { - his or her - } { + the
official's or employee's + } governmental function, or any
political publication subject to ORS { - 260.522, - } 260.532
and 260.605, is not included within the meaning of 'medium of
communication. '
(3) 'Processing' has its ordinary meaning and includes, but is
not limited to, the compiling, storing and editing of
information.
(4) 'Published information' means any information disseminated
to the public.
(5) 'Unpublished information' means any information not
disseminated to the public, whether or not related information
has been disseminated. 'Unpublished information' includes, but is
not limited to, all notes, outtakes, photographs, tapes or other
data of whatever sort not themselves disseminated to the public
through a medium of communication, whether or not published
information based upon or related to such material has been
disseminated.
SECTION 19. ORS 260.993 is amended to read:
260.993. (1) The penalty for violation of ORS 260.532 is
limited to that provided in ORS 260.532 (6) and (8).
(2) Violation of ORS 247.125, 247.171 (5), 247.420 (2),
253.710, 260.402, 260.555, 260.575, 260.615, 260.645, 260.665 (2)
or (3) involving any action described in ORS 260.665 (2)(d) to
(f), 260.715 or 260.718 is a Class C felony.
(3) Violation of ORS 260.695 { - (5) - } { + (4) + } is a
Class A misdemeanor.
(4) Violation of ORS 247.171 (6) is a Class C misdemeanor.
SECTION 20. { + Section 21 of this 2001 Act is added to and
made a part of ORS chapter 254. + }
SECTION 21. { + Prior to each election, the county clerk shall
make every reasonable effort to acquaint electors with the ballot
format to be used in the election and the methods used to mark or
punch ballots to cast a valid vote. + }
SECTION 22. ORS 254.235 is amended to read:
254.235. { + (1) Not later than five business days + } before
an election in which voting machines or vote tally systems are
used, the county clerk shall:
{ - (1) - } { + (a) + } { - Prepare and - } { + Conduct
a preparatory + } test { + of + } the machine and system
{ - thoroughly - } { + for logic and accuracy to ensure that
each ballot format, where appropriate, correctly tallies ballots
in each electoral contest by precinct; and
(b) Conduct a public certification test for the vote tally
system using a selection of precincts, ballot formats and
electoral districts from the preparatory test conducted under
this subsection + }.
(2) { + Prior to the public certification test under
subsection (1)(b) of this section, the county clerk shall + }
mail to each affiliate of a major or minor political party within
the county that has notified the clerk that notice is desired, a
notice of the time and place where the { - machines or
systems - } { + vote tally system + } will be { - prepared
and - } { + publicly + } tested. One representative of each
party is entitled to be present to { - insure - }
{ + ensure + } that the { - preparation and - } testing
{ - are - } { + is + } done properly. In nonpartisan elections
each candidate may designate one representative who has the same
powers as the political party representatives. The party and
candidate representatives shall certify that they have witnessed
the { - preparation and - } testing. The certificates shall
be filed with the county clerk.
{ - (3) Make every reasonable effort to acquaint the electors
with the ballot format and marking or punching system. - }
{ - (4) - } { + (3) + } { + In an election where voting
machines are used, the county clerk shall + } prepare a
certificate that the ballot labels have been properly placed in
the machine.
SECTION 23. ORS 254.485 is amended to read:
254.485. (1) Ballots may be tallied by a vote tally system or
by a counting board. A counting board may tally ballots at the
precinct or in the office of the county clerk. In any event, the
ballots shall be tallied and returned by precinct.
{ + (2) If a vote tally system is used, the county clerk
shall repeat the public certification test described under ORS
254.235 (1). The test shall be conducted on the date of the
election and prior to beginning the tally of ballots. The test
may be observed by persons described in ORS 254.235 (2). The
county clerk shall certify the results of the test. + }
{ - (2) - } { + (3) + } If a vote tally system is used or
if a counting board has been appointed, the tally of ballots may
begin before the polls close.
{ - (3) - } { + (4) + } If ballots are tallied by a
counting board, after the tally has begun it shall continue until
completed. A counting board shall tally without adjournment and
in the presence of the clerks and persons authorized to attend.
However, the board may be relieved by another board if the tally
is not completed after 12 hours.
{ - (4) - } { + (5) + } A counting board shall audibly
announce the tally as it proceeds. The board shall use only pen
and ink to tally.
{ - (5) - } { + (6) + } No person other than the county
clerk, a member of a counting board or any other elections
official designated by the county clerk may tally ballots under
this chapter.
SECTION 24. ORS 254.525 is amended to read:
254.525. { + (1) + } Immediately after the tally of votes:
{ - (1) - } { + (a) + } The board chairperson shall count
the regular and absentee ballots either tallied or rejected, and
write the number in the poll book. The number shall be certified
as correct by board members.
{ - (2) - } { + (b) + } If all votes cast at the polling
place are tallied there, the election board shall post one copy
of the return sheet in a prominent location outside the polling
place.
{ - (3) - } { + (c) + } The election board shall deliver
under seal to the county clerk one copy of the return sheet, the
tally sheet, ballots, ballot stubs, ballot boxes and written
challenge statements. The board also shall deliver the other
equipment to the county clerk.
{ + (2) If a vote tally system is used, the county clerk
shall repeat the public certification test described under ORS
254.235 (1). The test shall be conducted after all the ballots
are tallied but before the final results of the election are
certified or before the vote tally system is shut down. The test
may be observed by persons described in ORS 254.235 (2). The
county clerk shall certify the results of the test. + }
SECTION 25. ORS 246.565 is amended to read:
246.565. (1) Any voting machine or vote tally system involving
the use of computers, a computer network, computer program,
computer software or computer system shall be subject to audit by
the Secretary of State at any time for the purpose of checking
the accuracy of the voting machine or vote tally system.
{ + (2) The county clerk shall obtain a copy of the written
instructions for the operation and maintenance of any component
of a vote tally system described in subsection (1) of this
section. The clerk shall obtain the copy from the manufacturer
or vendor of any component and shall retain the copy.
(3) The county clerk shall keep a log of all maintenance
performed on any component of a vote tally system after the
component is purchased and installed. The county clerk shall
distinguish maintenance performed during the period that occurs
after the preparatory test conducted under ORS 254.235 (1) and
before the public certification test conducted under ORS 254.525
(4). + }
{ - (2) - } { + (4) + } As used in this section:
(a) 'Computer' means, but is not limited to, an electronic
device which performs logical, arithmetic or memory functions by
the manipulations of electronic or magnetic impulses and includes
all input, output, processing, storage, software or communication
facilities which are connected or related to such a device in a
system or network.
(b) 'Computer network' means, but is not limited to, the
interconnection of communication lines, including microwave or
other means of electronic communication, with a computer through
remote terminals or a complex consisting of two or more
interconnected computers.
(c) 'Computer program' means, but is not limited to, a series
of instructions or statements, in a form acceptable to a
computer, which permits the functioning of a computer system in a
manner designed to provide appropriate products from such
computer system.
(d) 'Computer software' means, but is not limited to, computer
programs, procedures and associated documentation concerned with
the operation of a computer system.
(e) 'Computer system' means, but is not limited to, a set of
related, connected or unconnected computer equipment, devices and
software.
SECTION 26. { + Section 27 of this 2001 Act is added to and
made a part of ORS chapter 254. + }
SECTION 27. { + (1) In an election conducted by mail, an
elector may obtain a replacement ballot described in ORS 254.470
(8). To vote a replacement ballot, the elector must complete and
sign a replacement ballot request form. The request for a
replacement ballot may be made electronically, by telephone, in
writing, in person or by other means designated by the Secretary
of State by rule.
(2) The replacement ballot request form shall be mailed or made
available to the elector along with the replacement ballot.
(3) Upon receiving a request for a replacement ballot, the
county clerk shall:
(a) Verify the registration of the elector and ensure that
another ballot has not been returned by the elector;
(b) Note in the list of electors that the elector has requested
a replacement ballot;
(c) Mark the return identification envelope clearly so that it
may be readily identified as a replacement ballot; and
(d) Issue the replacement ballot by mail or other means.
(4) The completed and signed replacement ballot request form
and the voted replacement ballot must be received at the office
of the county clerk, a place of deposit designated by the county
clerk or at any location described in ORS 254.472 or 254.474 not
later than the end of the period determined under ORS 254.470 (2)
on the date of the election.
(5) Upon receiving a voted replacement ballot, the county clerk
shall verify that a completed and signed replacement ballot
request form has been received by the county clerk or is included
with the voted replacement ballot. If a request form has been
completed and signed by the elector and received by the county
clerk, the county clerk shall process the ballot. If the request
form is not completed or signed by the elector or received by the
county clerk, the county clerk may not process the ballot. + }
SECTION 28. ORS 258.006 is amended to read:
258.006. As used in this chapter:
(1) 'Candidate' means a candidate for nomination or election to
any elective office.
(2) 'Contestant' means any person who files a petition of
contest under ORS 258.036.
{ + (3) 'Contestee' means:
(a) In a contest of the nomination of a person for an office or
the election of a person to an office, all candidates for the
nomination or office, other than a candidate who is a contestant.
(b) In a contest of the approval or rejection of a measure
proposed by initiative petition, the chief petitioner of the
petition, unless the chief petitioner is a contestant, and any
other person involved in the cause of the contest.
(c) If the cause of the contest is ORS 258.016 (6) or (7), the
county clerk. + }
{ - (3) - } { + (4) + } 'County clerk' means the county
clerk or the county official in charge of elections.
{ - (4) - } { + (5) + } 'Elector' means an individual
qualified to vote under section 2, Article II, Oregon
Constitution.
{ + (6) 'Full recount' means a recount of all the precincts
in which votes were cast for the nomination or office for which a
candidate received a vote or on any measure that appeared on the
ballot. + }
{ - (5) - } { + (7) + } 'Measure' includes any of the
following submitted to the people for their approval or rejection
at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
{ + (8) 'Partial recount' means a recount conducted in a
number of precincts equal to the greater of:
(a) Five percent of the precincts in which votes were cast for
the nomination or office for which a candidate received a vote or
on any measure that appeared on the ballot; or
(b) Three specified precincts in which votes were cast for the
nomination or office for which a candidate received a vote or on
any measure that appeared on the ballot. + }
SECTION 29. ORS 258.016 is amended to read:
258.016. The nomination or election of any person or the
decision on any measure may be contested by any elector entitled
to vote for the person or measure, by any person who was a
candidate at the election for the same nomination or office { + ,
by the Secretary of State if the contest involves a state measure
or a candidate for whom the Secretary of State is the filing
officer, + } or by the county clerk who conducted the election
only for the following causes:
(1) Deliberate and material violation of any provision of the
election laws in connection with the nomination, election,
approval or rejection.
(2) Ineligibility of the person elected to the office to hold
the office at the time of the election.
(3) Illegal votes.
(4) Mistake or fraud in the canvass of votes.
(5) Fraud in the count of votes.
(6) Nondeliberate and material error in the distribution of the
official ballots by a local elections official, as that term is
defined in ORS 246.012, or a county clerk.
(7) A challenge to the determination of the number of electors
who were eligible to participate in an election on a measure
conducted under section 11 (8), Article XI of the Oregon
Constitution.
SECTION 30. ORS 258.036 is amended to read:
258.036. (1) Not later than the 40th day after the election or
the { + seventh day after + } completion of a recount of votes
cast in connection with the nomination, office or measure, any
person authorized to contest a result of the election may file a
petition of contest. The petition shall be filed with { - the
circuit court clerk for the county in which the certificate of
nomination, certificate of election or proclamation is or will be
issued. The petition shall specify the cause of the contest and
be verified in the manner required for the verification of
complaints in civil cases. - } { + :
(a) The Circuit Court for Marion County if the petition
involves a state measure, a candidate for election to the office
of elector of President and Vice President of the United States
or a candidate for nomination or election to the office of United
States Senator, United States Representative in Congress,
Governor, Secretary of State, State Treasurer, Attorney General,
Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction or a position of judge on
the Oregon Supreme Court, the Oregon Court of Appeals or the
Oregon Tax Court.
(b) The circuit court for the county where a majority of the
electors in the electoral district reside if the petition
involves a candidate for nomination or election to the office of
state Senator, state Representative, circuit court judge or
district attorney.
(c) The circuit court for the county in which the filing
officer is located if the petition involves a candidate for
nomination or election to county, city or district office or a
county, city or district measure. If a district is located in
more than one county, the petition shall be filed with the
circuit court for the county in which the administrative office
of the district is located.
(2) The petition shall be verified in the manner required for
verification of complaints in civil cases and shall specify:
(a) The cause of the contest; and
(b) The names of all contestees. + }
{ - (2) The proceedings shall be in the nature of a
proceeding in rem, and the practice and procedure therein shall
follow the practice and procedure of an action not triable by
right to a jury, so far as consistent with the determination
sought to be obtained. - }
SECTION 31. ORS 258.055 is amended to read:
258.055. (1) { + Except as provided in subsection (2) of this
section, + } when a { + contestant files a + } petition of
contest { - is filed - } with the { - clerk of the - }
circuit court { + described under ORS 258.036 (1) + }, the
{ - clerk - } { + contestant + } shall { + , within three
business days of filing the petition, + } publish a notice
stating that the petition has been filed { + and identifying the
date of the deadline described in this subsection for filing a
motion to intervene + }. The notice shall be published at least
once in the next available issue of a newspaper of general
circulation published in the county where the proceeding is
pending. Jurisdiction over the election contest shall be complete
within 10 days after the notice is published as provided in this
section. Any person interested may at any time before the
expiration of the 10 days appear and contest the validity of the
proceeding, or of any of the acts or things enumerated in the
proceeding.
{ + (2) Subsection (1) of this section does not apply if the
contest involves a state measure, the election of a candidate to
the office of elector of President and Vice President of the
United States or the nomination or election of a candidate to the
office of United States Senator, United States Representative in
Congress, Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction or a position of judge on
the Oregon Supreme Court, the Oregon Court of Appeals or the
Oregon Tax Court. + }
{ - (2) - } { + (3) + } Not later than two business days
after a petition of contest is filed with the { - clerk of
the - } circuit court, the contestant shall { - file - }
{ + serve + } a copy of the petition { - with the candidate
who is the subject of the petition if the petition involves the
nomination or election of the candidate to any elective office
and with: - } { + by certified mail on each contestee. If the
Secretary of State or county clerk is not a contestee, not later
than one business day after a petition of contest is filed with
the circuit court, the contestant shall file a copy of the
petition with: + }
(a) The Secretary of State if the petition involves a candidate
for state office or a state measure; or
(b) The county clerk if the petition involves a candidate for
county, city or district office or a county, city or district
measure. As used in this paragraph, 'county clerk' includes the
county clerk of the county in which the administrative office of
a city or district is located regarding a measure or a candidate
for an office to be voted on in a city or district located in
more than one county.
{ - (3) - } { + (4) + } The circuit court shall fix a time
{ - , not later than the 20th day after the return date in the
notice, - } for the hearing by the circuit court of the contest
proceeding, and not later than the fifth day before the hearing
shall give written notice of the hearing to each party to the
proceeding. { + In fixing the time for the hearing, the court
shall consider the dates set in any notice published under
subsection (1) of this section and the dates of service on the
contestees. + } The contest proceeding shall take precedence over
all other business on the circuit court docket.
{ - (4) - } { + (5) + } The circuit court shall hear and
determine the proceeding without a jury { + and shall issue
written findings of law and fact. + } { - , and - } The
practice and procedure otherwise applicable to civil cases shall
govern the proceeding { + , except that the contestant has the
burden of proof by clear and convincing evidence + }.
SECTION 32. ORS 258.161 is amended to read:
258.161. (1) A candidate or an officer of a political party on
behalf of a candidate of the political party may file a demand
requiring the Secretary of State to direct that a recount be made
in specified precincts in which votes were cast for the
nomination or office for which the candidate received a vote.
(2) An elector may file a demand requiring the Secretary of
State to direct that a recount be made in specified precincts in
which votes were cast on any measure which appeared on the
ballot.
(3) A county clerk may file a demand requiring the Secretary of
State to direct that a recount be made in specified precincts in
which votes were cast for the nomination or office for which a
candidate received a vote or on any measure that appeared on the
ballot. The cash deposit requirement of subsection (5) of this
section shall not apply to a demand made under this subsection.
The cost of a recount conducted under this subsection shall be
paid by the county of the county clerk making the demand.
(4) { + Except as provided in subsection (9) of this section,
+ }the person making a demand for a recount { + may + }, in the
first demand, { + specify a partial or a full recount. + }
{ - may specify by number 5, 10 or 100 percent of - } { + A
person making a demand for a partial recount shall specify + }
the precincts in which votes were cast for the nomination or
office or on the measure to be recounted. If in the first demand
the person requested a { + partial + } recount { - of the vote
in five percent of the precincts - } , the person may file a
supplemental demand { - and specify by number another five
percent of the precincts or - } { + for a recount of + } all
the remainder of the precincts. { - The person making the
supplemental demand for a recount of another five percent of the
precincts may file a second supplemental demand only to request a
recount of the vote in all remaining precincts. If in the first
demand the person requested a recount of the vote in 10 percent
of the precincts, the person may file a supplemental demand and
specify by number all the remainder of the precincts. - }
(5) Except as provided in subsections (3) and (6) of this
section, each demand shall be accompanied by a cash deposit of
$15 for each precinct to be recounted up to a maximum of $8,000
for a recount of all precincts in the state on a measure or for a
nomination or office. The Secretary of State may retain the
deposit for not more than 60 days after the election for which
the recount was demanded, without depositing it in the General
Fund.
(6) Upon application from a county clerk, the Secretary of
State may waive the cash deposit requirement of subsection (5) of
this section if, after the first demand { - or first
supplemental demand for a recount - } , it appears that due to
nondeliberate and material error by a local elections official,
as defined in ORS 246.012, or a county clerk, the outcome of an
election on a candidate or measure will be changed. The cost of a
recount conducted under this subsection shall be paid by the
county of the county clerk or the county of the local elections
official who committed the error.
(7) Each demand shall be in the form and shall contain the
information prescribed by the Secretary of State, including the
names and addresses of all persons and organizations providing
any part of the cash deposit and the amount provided by each.
(8) { + Except as provided in subsection (9) of this
section, + } the first demand shall be filed in the office of the
Secretary of State not later than the 35th day { - , - }
{ + and + } a { - first - } supplemental demand not later
than the 45th day { - , and a second supplemental demand not
later than the 50th day, - } after the date of the election in
which votes were cast for the nomination, office or measure.
{ + (9) A demand for a recount made under this section on
behalf of the electors of presidential and vice presidential
candidates shall be for a full recount only and shall be filed no
later than five business days after the Secretary of State
declares the result of the election under ORS 254.555. + }
SECTION 33. ORS 258.171 is amended to read:
258.171. (1) Except as provided in subsection (2) of this
section, the person making a demand for a recount shall be bound
by the original official returns unless the person demands a
{ + full + } recount { - of 100 percent of the precincts in
which votes were cast for the nomination or office or on the
measure - } .
(2) If a demand for a { + partial + } recount is made by a
county clerk under ORS 258.161 (3), votes recounted in the
precincts specified by the county clerk may be combined with
votes in other precincts that were not recounted to determine the
official returns of the election.
SECTION 34. ORS 258.181 is amended to read:
258.181. (1) Except as provided in subsection (4) of this
section, only one recount shall be made for any measure,
nomination or office for which a recount may be demanded.
(2) If two or more demands for the recount of the same measure
are filed with the Secretary of State the demand first received
by the Secretary of State shall be considered the demand for a
recount.
(3) If two or more demands for the recount of the same
nomination or office are filed with the Secretary of State the
demand received from or on behalf of the losing candidate
receiving the highest number of votes shall be considered the
demand for a recount.
(4) If the demand for a recount under subsection (2) or (3) of
this section specifies { + a partial recount + } { - five or
10 percent of the precincts - } , any elector may file a
supplemental demand as provided in ORS 258.161.
SECTION 35. ORS 258.211 is amended to read:
258.211. (1) The ballot boxes containing the ballots to be
recounted shall be opened by the official directed to make the
recount only in the presence of the counting board and the
persons referred to in this section.
(2) The counting board shall conduct the recount { + by
hand + } and, if requested, permit:
(a) In the instance of a nomination or office, an affected
candidate or an elector authorized in writing by an affected
candidate, and an elector authorized in writing by each major or
minor political party to be present to watch the recount.
(b) In the instance of a measure, one elector advocating and
one elector opposing the measure to be present to watch the
recount.
SECTION 36. ORS 258.221 is amended to read:
258.221. (1) The recount shall be completed as soon as
practicable after the demand is filed.
(2) { - If all the precincts in which votes were cast on a
measure or for a nomination or office are recounted - } { + In
the case of a full recount + }, the official directed to conduct
the recount, as soon as practicable after completion of the
recount, shall:
(a) Certify the abstract of votes recounted to the Secretary of
State.
(b) Certify the abstract of votes recounted to the official
issuing certificates of nomination or election regarding a
nomination or office, or to the official responsible for issuing
a proclamation regarding a measure. The official then shall issue
the appropriate certificate or proclamation.
(c) Notify by mail the person who filed the demand for the
recount of the result and the cost of the recount.
(3) Not later than the { - fourth - } { + 30th + } day
after the completion of the recount the official directed to
conduct the recount shall certify the cost of the recount to the
Secretary of State.
SECTION 37. ORS 258.231 is amended to read:
258.231. (1) The certification of costs of a recount required
in ORS 258.221 (3) may include:
(a) Compensation of recount boards.
(b) Compensation of additional employees required to conduct
the recount and overtime payment to regular employees who are
eligible to receive such payments.
(c) Postage and telephone charges directly related to the
recount.
{ + (d) The costs for security. + }
(2) The certification of costs of a recount required in ORS
258.221 (3) shall not include:
(a) General administrative costs.
{ - (b) The costs for security. - }
{ - (c) - } { + (b) + } Allowances for meals or lodging.
SECTION 38. ORS 258.241 is amended to read:
258.241. (1) { - If 100 percent of the precincts in which
votes were cast on a measure or for a nomination or office are
recounted - } { + In the case of a full recount + }, the
abstract of votes resulting from the recount shall be the
official return of the election.
(2) { - If 100 percent of the precincts in which votes were
cast on a measure or for a nomination or office are not
recounted - } { + Except as provided in ORS 258.171 (2), in the
case of a partial recount + }, the abstract of votes recounted
shall not be certified and the abstract of votes resulting from
the original count shall be the official return of the election.
SECTION 39. ORS 258.250 is amended to read:
258.250. (1) If the abstract of votes resulting from
{ - the - } { + a full + } recount shows that the outcome of
the election on the measure was changed or that a candidate for
whose benefit the recount was demanded received a plurality of
the votes, the deposit required by ORS 258.161 shall be refunded
by the Secretary of State to the person who filed the demand.
(2) The Secretary of State shall transfer the deposit required
by ORS 258.161 and any additional amount paid pursuant to
subsection (5) of this section to a special account in the
General Fund if:
(a) { - 100 percent of the precincts in which votes were cast
on a measure or for a nomination or office were not recounted - }
{ + A full recount was not conducted + }; or
(b) The abstract of votes resulting from { - the - } { + a
full + } recount shows that:
(A) The outcome of the election on the measure was not changed;
or
(B) A candidate for whose benefit the recount was demanded did
not receive a plurality of the votes.
(3) All moneys deposited in the special account under
subsection (2) of this section are appropriated for the purpose
of reimbursing the county, city or other political subdivision or
public corporation for the cost of the recount.
(4) Upon receipt from the official directed to conduct the
recount of a signed certificate itemizing the cost of the
recount, the Secretary of State shall request the Oregon
Department of Administrative Services to issue warrants for the
amount so certified. Any portion of the deposit required by ORS
258.161 remaining after the cost of the recount has been paid
shall be refunded to the person who filed the demand upon receipt
of a warrant from the Oregon Department of Administrative
Services showing the amount of the refund to which the person is
entitled.
(5) If the cost of the recount exceeds the amount of the
deposit required by ORS 258.161, and if the person who filed the
demand does not qualify for a refund under subsection (1) of this
section, the person shall pay to the Secretary of State the
amount of the excess cost.
SECTION 40. ORS 258.280 is amended to read:
258.280. (1) The Secretary of State shall order a { + full + }
recount of the votes cast for nomination or election to a public
office for which the Secretary of State is the filing officer,
and the county clerk who conducted the election shall order a
{ + full + } recount of the votes cast for nomination or
election to any other public office if the canvass of votes of
the election reveals that:
(a) Two or more candidates for that nomination or office have
an equal and the highest number of votes; or
(b) The difference in the number of votes cast for a candidate
apparently nominated or elected to the office and the votes cast
for the closest apparently defeated opponent is not more than
one-fifth of one percent of the total votes for both candidates.
(2) The cost of a { + full + } recount conducted under this
section shall be paid by the county for a county office, by the
city for a city office, by the special district for a special
district office or by the state for any other office.
SECTION 41. ORS 258.290 is amended to read:
258.290. (1) If the official canvass of votes of an election
reveals that the difference in the number of votes cast for or
against any measure is not more than one-fifth of one percent of
the total votes cast for and against the measure, the Secretary
of State, in the case of a measure for which the Secretary of
State is the filing officer, and the county clerk who conducted
the election in the case of any other measure shall order a
{ + full + } recount of all votes cast for the measure.
(2) The cost of a { + full + } recount conducted under this
section shall be paid by the state, county, city or special
district for which the measure was proposed.
(3) This section does not apply if the election on the measure
is an election at which at least 50 percent of registered voters
eligible to vote in the election must cast a ballot under section
11, Article XI, Oregon Constitution, and less than 50 percent of
registered voters eligible to vote in the election cast ballots.
SECTION 42. ORS 258.300 is amended to read:
258.300. Immediately following the completion of the official
canvass of votes for any election, the elections officer who
prepared the canvass shall notify the Secretary of State of any
election subject to an automatic { + full + } recount under ORS
258.280 and 258.290.
SECTION 43. ORS 254.575 is amended to read:
254.575. When two or more candidates for the same office, after
a { + full + } recount of votes, have an equal and the highest
number of votes:
(1) For election to State Senator or Representative, a party
office, or a public office for which the elections officer is
other than the Secretary of State, the elections officer shall
have the candidates meet publicly to decide by lot who is
elected.
(2) For election to a public office other than Governor or
those referred to in subsection (1) of this section, the
Secretary of State by proclamation shall order a new election to
fill the office.
(3) For election to Governor, the Legislative Assembly at the
beginning of the next regular session shall meet jointly and
elect one of the candidates.
(4) For nomination by one major political party to an office,
the elections officer who receives filings for nomination to the
office shall have the candidates meet publicly to decide by lot
who is nominated.
SECTION 44. ORS 247.013 is amended to read:
247.013. (1) A qualified person shall be considered registered
to vote in a county when the person's first registration in the
county occurs as described in ORS 247.012.
(2) An elector who changes residence address from the county in
which the elector is registered to a different county within the
state, in order to vote in an election, must be an elector
registered in the county in which the new residence address of
the elector is located.
(3) If there is a change in any information required for
registration under this chapter, and the elector has not changed
residence address to another county, the registration of the
elector may be updated as provided in this chapter.
(4) Notwithstanding subsections (2) and (3) of this section, if
an elector changes residence address from the county in which the
elector is registered to a different county within the state, the
elector need not register again if the registration of the
elector is updated.
(5) If the county clerk does not have evidence of a change in
any information required for registration under this chapter for
an elector, the registration of the elector shall be considered
active.
(6) The registration of an elector shall be considered inactive
if:
(a) The county clerk has received evidence that there has been
a change in the information required for registration under this
chapter or the elector has { - not - } { + neither + } voted
{ + nor updated the registration + } for a period of not less
than five years; and
(b) The county clerk has mailed the notice described in ORS
247.563.
(7) The registration of an elector shall not be moved to an
inactive file during the 60-day period prior to any election
because the elector has { - not - } { + neither + } voted
{ + nor updated the registration + } for a period of not less
than five years.
(8) The inactive registration of an elector { - shall - }
{ + must + } be updated before the elector may vote in an
election.
SECTION 45. ORS 247.563 is amended to read:
247.563. (1) Except as provided in subsection (4) of this
section and ORS 247.555, whenever it appears to the county clerk
that an elector needs to update the elector's registration or
that the elector has changed residence address to another county,
the county clerk shall mail a notice to the elector.
(2) The notice shall be sent by forwardable mail and shall
include a postage prepaid, preaddressed return card on which the
elector may state the elector's current residence and mailing
address. The notice shall advise the elector that:
(a) The elector should return the card promptly;
(b) If the card is not returned by the 21st calendar day
immediately preceding an election, the elector may be required to
complete a new registration card in order to vote in an election;
and
(c) The elector's registration will be canceled if the elector
{ - does not vote - } { + neither votes nor updates the
registration + } before two general elections have been held.
(3) When the county clerk mails a notice under this section,
the registration of the elector shall be considered inactive
until the elector updates the registration, the registration is
canceled or the clerk determines that the registration should be
considered active.
(4) This section does not apply when the county clerk receives
written evidence from the elector, the United States Postal
Service or another county clerk indicating a change of residence
or mailing address and the registration of the elector is
automatically updated by the county clerk under any provision of
this chapter.
SECTION 46. { + The amendments to ORS 247.013 by section 44 of
this 2001 Act apply to electors who have neither voted nor
updated their registration for a period of not less than five
years beginning prior to, on or after the effective date of this
2001 Act. + }
SECTION 47. { + Section 48 of this 2001 Act is added to and
made a part of ORS chapter 254. + }
SECTION 48. { + (1) Each county clerk shall file a county
elections security plan with the Secretary of State not later
than:
(a) January 31 of each calendar year; and
(b) One business day after any revision is made to the county
elections security plan.
(2) A county elections security plan shall include, but is not
limited to:
(a) A written security agreement entered into with any vendor
handling ballots;
(b) Security procedures for transporting ballots;
(c) Security procedures at official places of deposit for
ballots;
(d) Security procedures for processing ballots;
(e) Security procedures governing election observers;
(f) Security procedures for ballots located in county elections
work areas, buildings and storage areas;
(g) Security procedures for vote tally systems, including
computer access to vote tally systems; and
(h) Post-election ballot security.
(3) A security plan developed and filed under this section is
confidential and not subject to disclosure under ORS 192.410 to
192.505. + }
SECTION 49. ORS 246.140 is amended to read:
246.140. (1) In carrying out the responsibility under ORS
246.110, the Secretary of State, not later than { - the 90th
day after - } { + December 31 following + } the date of
adjournment of the regular session of the Legislative Assembly,
shall organize and conduct at convenient places and times in this
state at least three conferences on the administration of the
election laws.
(2) The Secretary of State shall give written notice of the
place and time of each conference to each county clerk.
(3) Each county clerk or designated deputy shall attend at
least one of the conferences and shall comply with the
instructions given under the authority of the Secretary of State
at each conference the county clerk or deputy attends.
{ + NOTE: + } Sections 50 through 52 were deleted by
amendment. Subsequent sections were not renumbered.
SECTION 53. ORS 260.039 is amended to read:
260.039. (1) Except as provided in ORS 260.043, a candidate who
serves as the candidate's own treasurer, or the treasurer of the
principal campaign committee, shall file a statement of
organization with the appropriate filing officer. The statement
shall include:
(a) The name, address, occupation, office sought and party
affiliation of the candidate. The address shall be the address of
a residence, office, headquarters or similar location where the
candidate may be conveniently located. However, a different
address may be used if the candidate first files with the filing
officer the candidate's residence address and the address
proposed to be used;
(b) A statement of how the candidate or principal campaign
committee intends to solicit funds; and
(c) In the case of a principal campaign committee:
(A) The name and address of the committee. The address shall be
the address of a residence, office, headquarters or similar
location where the political committee or a responsible officer
of the political committee may be conveniently located. However,
a different address may be used if the officer first files with
the filing officer the officer's residence address and the
address proposed to be used.
(B) The name, address and occupation of the committee director
or directors, if any.
(C) The name and address of the committee treasurer.
(D) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
(E) A statement of whether the committee presently intends to
remain in existence for more than one year.
{ - (2) Except as provided in ORS 260.043: - }
{ - (a) No contribution shall be received or expenditure made
by or on behalf of the candidate until the candidate designates
the candidate as the treasurer and files the statement described
in subsection (1) of this section; and - }
{ - (b) No contribution shall be received or expenditure made
by a principal campaign committee until the treasurer of the
committee files the statement described in subsection (1) of this
section. - }
{ + (2) Except as provided in ORS 260.043, a candidate who
serves as the candidate's own treasurer shall file the statement
of organization not later than the third business day after the
candidate first receives a contribution or makes an expenditure.
The treasurer of a principal campaign committee shall file the
statement of organization not later than the date specified in
ORS 260.035. + }
(3) Any change in information submitted in a statement of
organization { - provided in - } { + under + } subsection (1)
of this section shall be indicated in an amended statement of
organization filed not later than the 10th day after the change
in information.
(4) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer or the treasurer of the
principal campaign committee of the candidate shall file a
statement of organization under this section not later than the
deadline for the candidate to file a nominating petition or
declaration of candidacy under ORS 249.037 or a certificate of
nomination under ORS 249.722.
(5) Except as provided in ORS 260.043, a candidate for state
office who serves as the candidate's own treasurer or the
treasurer of the principal campaign committee of a candidate for
state office shall file a new or amended statement of
organization not later than the date that the candidate files a
nominating petition, declaration of candidacy or certificate of
nomination.
SECTION 54. ORS 260.042 is amended to read:
260.042. (1) { - Before a political committee, other than a
principal campaign committee, receives a contribution or makes an
expenditure, the treasurer of the committee supporting or
opposing one or more candidates for public office, other than
candidates for federal or political party office, or one or more
measures at an election shall file a statement of organization. A
copy of the statement of organization shall be filed with each
appropriate filing officer. - } { + The treasurer of a
political committee shall file a statement of organization with
the appropriate filing officer. + } The statement shall include:
(a) The name, address and nature of the committee. The address
shall be the address of a residence, office, headquarters or
similar location where the political committee or a responsible
officer of the political committee may be conveniently located.
However, a different address may be used if the officer first
files with the filing officer the officer's residence address and
the address proposed to be used.
(b) The name, address and occupation of the committee director
or directors.
(c) The name and address of the committee treasurer.
(d) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
(e) A statement of whether the committee presently intends to
remain in existence for more than one year.
(f) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or specifically
opposing or intends to support or specifically oppose, when
known, or, if the committee is supporting or specifically
opposing all the candidates of a given party, the name of that
party.
(g) A designation of any measure which the committee is
opposing or supporting, or intends to support or oppose.
(h) A statement of how the committee intends to solicit funds.
{ + (2) The statement of organization shall be filed not
later than the date specified in ORS 260.035. + }
{ - (2) - } { + (3) + } Any change in information submitted
in a statement of organization { - provided in - }
{ + under + } subsection (1) of this section shall be indicated
in an amended statement of organization filed not later than the
10th day after the change in information.
{ + (4) This section does not apply to a political committee
that is a principal campaign committee or to a political
committee exclusively supporting or opposing one or more
candidates for federal or political party office. + }
SECTION 55. ORS 260.118 is amended to read:
260.118. (1) { - Before - } The chief petitioners of a
statewide initiative or referendum petition or any recall
petition { - receive a contribution or make an expenditure
relating to the statewide initiative or referendum petition or
any recall petition, the petitioners - } shall:
(a) Appoint a treasurer and certify the name and address of the
treasurer to the filing officer. The treasurer shall be an
elector of this state. Contributions shall be received and
expenditures made by or through the treasurer.
(b) File a statement of organization with the appropriate
filing officer. The statement shall include:
(A) The name and address of the chief petitioners.
(B) The name and address of the treasurer appointed under
paragraph (a) of this subsection.
(C) A designation of the statewide initiative or referendum
petition or the recall petition. The designation of the recall
petition shall include the name of the officer whose recall is
demanded.
(D) A statement of how the petitioners intend to solicit funds.
{ + (2) The chief petitioners shall certify the name of the
treasurer and file the statement of organization not later than
the third business day after the chief petitioners receive a
contribution or make an expenditure relating to the statewide
initiative or referendum petition or any recall petition. + }
{ - (2) - } { + (3) + } Any change in the information
{ - required - } { + submitted in a statement of
organization + } under subsection (1) of this section shall be
indicated in an amended certification or an amended statement of
organization filed not later than the 10th day after the change
in information.
{ - (3) - } { + (4) + } Not later than the 15th day after
the last day for filing a statewide initiative, referendum or any
recall petition with the filing officer for verification of
signatures, the treasurer appointed under subsection (1) of this
section shall file with the filing officer a statement described
in subsection
{ - (5) - } { + (6) + } of this section, whether or not the
petition was completed or filed. The statement shall be filed
even if the petition was withdrawn under ORS 250.029.
{ - (4) - } { + (5) + } Not later than the 15th day after
the date an initiative or referendum petition that is not
statewide is filed with the filing officer for verification of
signatures, the chief petitioners of the initiative or referendum
petition shall file with the filing officer a statement described
in subsection { - (5) - } { + (6) + } of this section.
{ - (5) - } { + (6) + } The statement referred to in
subsections { - (3) - } { + (4) + } and { - (4) - }
{ + (5) + } of this section shall include the following
information:
(a) The name and address of the chief petitioner.
(b) A designation of the initiative, referendum or recall
petition. The designation of any recall petition shall include
the name of the officer whose recall is demanded.
(c) A statement conforming to ORS 260.083 of contributions
received and expenditures made. If the statement for a recall
petition is filed, the statement need only report the
contributions received and the expenditures made by or on behalf
of the chief petitioner and political committee the chief
petitioner represents, if any, after the date on which the
statement of contributions and expenditures required under ORS
249.865 is filed.
{ - (6) - } { + (7) + } For a statewide initiative or
referendum petition or any recall petition, the accounting period
for the statement required by subsection { - (5) - }
{ + (6) + } of this section begins on the date that the name of
the treasurer is certified to the filing officer under
{ - subsection (1) of - } this section. The accounting period
ends on the deadline for submitting signatures for verification.
For an initiative or referendum petition that is not statewide,
the accounting period for the statement required by subsection
{ - (5) - } { + (6) + } of this section begins on the date the
prospective petition is filed and ends on the date that
signatures are submitted for verification.
{ - (7)(a) - } { + (8)(a) + } If a statement filed under
this section for a statewide initiative or referendum petition or
any recall petition that did not qualify for the ballot shows an
unexpended balance of contributions or an expenditure deficit,
and the chief petitioner's committee does not intend to support
or oppose a measure that is on the subsequent general election
ballot, a supplemental statement shall be filed annually not
later than September 10.
(b) If a statement filed under this section for a statewide
initiative or referendum petition or any recall petition that did
not qualify for the ballot shows an unexpended balance of
contributions or an expenditure deficit, and the chief
petitioner's committee intends to support or oppose a measure
that is on the subsequent general election ballot, that committee
shall not file a supplemental statement in that year, but shall
file the statements required under ORS 260.073. Supplemental
statements shall be filed annually for each following year not
later than September 10.
(c) 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.
{ - (8) - } { + (9) + } As used in this section,
'contribution' and ' expenditure' include a contribution or
expenditure to or on behalf of an initiative, referendum or
recall petition.
SECTION 56. { + If House Bill 2575 becomes law, section 55 of
this 2001 Act (amending ORS 260.118) is repealed and ORS 260.118,
as amended by section 1, chapter ___, Oregon Laws 2001 (Enrolled
House Bill 2575), is amended to read: + }
260.118. (1) { - Before - } { + As provided in subsection
(2) of this section, + } the chief petitioners of a statewide
initiative or referendum petition or any recall petition
{ - receive a contribution or make an expenditure relating to
the statewide initiative or referendum petition or any recall
petition, the petitioners - } shall:
(a) Appoint a treasurer and certify the name and address of the
treasurer to the filing officer. The treasurer shall be an
elector of this state. Contributions shall be received and
expenditures made by or through the treasurer.
(b) File a statement of organization with the appropriate
filing officer. The statement shall include:
(A) The name and address of the chief petitioners.
(B) The name and address of the treasurer appointed under
paragraph (a) of this subsection.
(C) A designation of the statewide initiative or referendum
petition or the recall petition. The designation of the recall
petition shall include the name of the officer whose recall is
demanded.
(D) A statement of how the petitioners intend to solicit funds.
{ + (2) The chief petitioners shall certify the name of the
treasurer and file the statement of organization not later than
the third business day after the chief petitioners receive a
contribution or make an expenditure relating to the statewide
initiative or referendum petition or any recall petition. + }
{ - (2) - } { + (3) + } Any change in the information
{ - required - } { + submitted in a statement of
organization + } under subsection (1) of this section shall be
indicated in an amended certification or an amended statement of
organization filed not later than the 10th day after the change
in information.
{ - (3) - } { + (4) + } For each statewide initiative
petition, not sooner than the 15th day before the date of the
biennial primary election and not later than the 12th day before
the date of the biennial primary election, the treasurer
appointed under subsection (1) of this section shall file with
the Secretary of State a statement described in subsection
{ - (7) - } { + (8) + } of this section. The accounting period
for the statement begins on the date that the name of the
treasurer is certified to the Secretary of State under subsection
(1) of this section or on the day following the last day of the
accounting period for the previous statement filed and ends on
the 16th day before the date of the biennial primary election.
The statement required under this subsection shall be filed
whether or not the petition was completed or filed or was
withdrawn under ORS 250.029.
{ - (4) - } { + (5) + } In addition to the statement
required under subsection { - (3) - } { + (4) + } of this
section, for each statewide initiative petition, the treasurer
appointed under subsection (1) of this section shall file with
the Secretary of State a statement described in subsection
{ - (7) - } { + (8) + } of this section for each period
described in this subsection. A statement shall be filed under
this subsection beginning with the period during which the
aggregate amount of contributions received or expenditures made
exceeds $2,000. The following statements shall be filed:
(a) A statement of contributions received and expenditures made
filed not later than September 10 of an odd-numbered year. The
accounting period for the statement required under this paragraph
begins on the date the treasurer is appointed under subsection
(1) of this section and ends on September 1.
(b) A statement of contributions received and expenditures made
filed not later than February 6 of an even-numbered year. The
accounting period for the statement required under this paragraph
begins on the date the treasurer is appointed under subsection
(1) of this section or on the day following the last day of the
accounting period for the previous statement filed and ends on
January 28.
{ - (5) - } { + (6) + } Not later than the 15th day after
the last day for filing a statewide initiative or referendum
petition or any recall petition with the filing officer for
verification of signatures, the treasurer appointed under
subsection (1) of this section shall file with the filing officer
a statement described in subsection
{ - (7) - } { + (8) + } of this section. The statement
required under this subsection shall be filed whether or not the
petition was completed or filed or was withdrawn under ORS
250.029.
{ - (6) - } { + (7) + } Not later than the 15th day after
the date an initiative or referendum petition that is not
statewide is filed with the filing officer for verification of
signatures, the chief petitioners of the initiative or referendum
petition shall file with the filing officer a statement described
in subsection { - (7) - } { + (8) + } of this section.
{ - (7) - } { + (8) + } The statement referred to in
subsections { - (3) to (6) - } { + (4) to (7) + } of this
section shall include the following information:
(a) The name and address of the chief petitioner.
(b) A designation of the initiative, referendum or recall
petition. The designation of any recall petition shall include
the name of the officer whose recall is demanded.
(c) A statement conforming to ORS 260.083 of contributions
received and expenditures made.
{ - (8)(a) - } { + (9)(a) + } For a statewide initiative
petition, the accounting period for the statement required by
subsection { - (5) - } { + (6) + } of this section begins on
the 15th day before the date of the biennial primary election and
ends on the deadline for submitting signatures for verification.
(b) For a statewide referendum petition, the accounting period
for the statement required by subsection { - (5) - }
{ + (6) + } of this section begins on the date that the name of
the treasurer is certified to the filing officer under
{ - subsection (1) of - } this section. The accounting period
ends on the deadline for submitting signatures for verification.
(c) For a recall petition, the accounting period for the
statement required by subsection { - (5) - } { + (6) + } of
this section begins on the day after the date on which the
statement of contributions received and expenditures made
required under ORS 249.865 is filed. The accounting period ends
on the deadline for submitting signatures for verification.
(d) For an initiative or referendum petition that is not
statewide, the accounting period for the statement required by
subsection { - (6) - } { + (7) + } of this section begins on
the date the prospective petition is filed and ends on the date
that signatures are submitted for verification.
{ - (9)(a) - } { + (10)(a) + } If a statement filed under
subsection { - (5) - } { + (6) + } of this section for a
statewide initiative or referendum petition or any recall
petition that did not qualify for the ballot shows an unexpended
balance of contributions or an expenditure deficit, and the chief
petitioner's committee does not intend to support or oppose a
measure that is on the subsequent general election ballot, a
supplemental statement shall be filed annually not later than
September 10.
(b) If a statement filed under this section for a statewide
initiative or referendum petition or any recall petition that did
not qualify for the ballot shows an unexpended balance of
contributions or an expenditure deficit, and the chief
petitioner's committee intends to support or oppose a measure
that is on the subsequent general election ballot, that committee
shall not file a supplemental statement in that year, but shall
file the statements required under ORS 260.073. Supplemental
statements shall be filed annually for each following year not
later than September 10.
(c) 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.
{ - (10) - } { + (11) + } As used in this section,
'contribution' and ' expenditure' include a contribution or
expenditure to or on behalf of an initiative, referendum or
recall petition.
{ + NOTE: + } Sections 57 and 58 were deleted by amendment.
Subsequent sections were not renumbered.
SECTION 59. ORS 260.083 is amended to read:
260.083. (1) A statement filed under ORS 260.058, 260.063,
260.068 { + , + } { - or - } 260.073 { + or 260.118 + } shall
list:
(a) Under contributions, all contributions received. Except as
provided in ORS 260.085, the statement shall list the name,
occupation and address of each person, and the name { - , - }
{ + and + } address { - , identification number assigned under
ORS 260.052 and primary nature - } of each political committee,
that contributed an aggregate amount of more than $50 on behalf
of a candidate or to a political committee and the total amount
contributed by that person or political committee. The statement
may list as a single item the total amount of other
contributions, but shall specify how those contributions were
obtained.
(b) Under expenditures, all expenditures made, showing the name
of the payee and the amount and purpose of each.
(c) Separately, all contributions made by the candidate or
political committee.
(d) All loans, whether repaid or not, made to the candidate or
political committee. The statement shall list the name and
address of each person shown as a cosigner or guarantor on a loan
and the amount of the obligation undertaken by each cosigner or
guarantor. The statement also shall list the name of the lender
holding the loan.
(2) If an expenditure in an amount exceeding $50 is a
prepayment or a deposit made in consideration for any services,
supplies, equipment or other thing of value to be performed or
furnished at a future date, that portion of the deposit that has
been expended during the reporting period shall be listed as an
expenditure and the unexpended portion of the deposit shall be
listed as an account receivable.
(3) Anything of value paid for or contributed by any person
shall be listed as both an in-kind contribution and an
expenditure by the candidate or committee for whose benefit the
payment or contribution was made.
(4) If a candidate { + , + } { - or - } political committee
{ + or chief petitioner under ORS 260.118 + } makes an
expenditure that must be reported as an in-kind contribution and
an expenditure as provided in subsection (3) of this section, the
candidate or political committee making the original expenditure
shall, in any statement filed under ORS 260.058, { + 260.063,
260.068, 260.073 or 260.118, + } identify the expenditure as an
in-kind contribution and identify the candidate or political
committee for whose benefit the expenditure was made.
(5) Except as provided in subsection (8) of this section,
expenditures made by an agent of a candidate or political
committee on behalf of the candidate or committee shall be
reported in the same manner as if the expenditures had been made
by the candidate or political committee.
(6) If a political committee makes an expenditure that
qualifies as an independent expenditure under ORS 260.005 (8),
the listing of the expenditure under this section shall identify
the candidate or candidates who are the subject of the
independent expenditure and state whether the independent
expenditure was used to advocate the election or defeat of the
candidate or candidates.
(7) If a candidate, political committee, chief petitioner under
ORS 260.118 or an agent of a candidate, political committee or
chief petitioner makes an expenditure for the purpose of paying
any person money or other valuable consideration for obtaining
signatures on an initiative, referendum or recall petition, the
statement described in this section shall list the total amount
paid by the candidate, political committee, chief petitioner or
agent for the purpose of obtaining signatures. The statement is
not required to list the name or address of any person as payee
or the amount paid to any person.
(8)(a) A vendor who enters into a contract with a candidate or
political committee to prepare or produce brochures, mailings,
polls, other opinion research or television, radio or newspaper
advertising, or to provide mail handling and postage, shall not
be considered an agent of the candidate or political committee
for purposes of subsection (5) of this section. The Secretary of
State by rule may designate other specific products or services
that would qualify a vendor for an exemption from reporting under
this subsection.
(b) Nothing in this section shall require a vendor described in
this subsection to disclose the vendor's internal or
subcontracting costs for providing the specific product or
service under paragraph (a) of this subsection.
(9) As used in this section, 'address' shall have the meaning
given that term in rules adopted by the Secretary of State.
SECTION 60. ORS 260.045 is amended to read:
260.045. (1) If a candidate or treasurer receives a
contribution of more than $50 from a political committee not in
this state, the candidate or treasurer shall file the following
if required under subsection (2) of this section:
(a) A written statement of the name, occupation and address of
each person, or the name, address and primary nature of each
political committee, who contributed more than $50 of the
contribution. The statement shall be certified as true by an
officer of the contributing political committee. As used in this
paragraph, 'address' includes street number and name, rural route
number or post-office box, and city and state; or
(b) An affidavit that to the best of the candidate's or
treasurer's knowledge and belief the contributing political
committee will not make contributions to candidates and
treasurers in this state that exceed two-thirds, in total amount,
of all contributions made by it in this state and elsewhere
during the period described in ORS 260.058 (1), 260.063 (1),
260.068 (1), 260.073 (1) or 260.118 { - (6) - } { + (7) + }
for which the statement is filed. The affidavit shall be filed
at the same time the statement is filed regarding the
contribution.
(2) The statement or affidavit described in subsection (1) of
this section shall be filed if:
(a) Requested by the Secretary of State; or
(b) The Secretary of State receives a request for the filing
from any person made not later than six months after the deadline
for filing a statement under ORS 260.058 (1), 260.063 (1),
260.068 (1), 260.073 (1) or 260.118 { - (6) - } { + (7) + },
if a candidate or treasurer files a statement reporting a
contribution received from a political committee not in this
state.
(3) If requested under subsection (2) of this section, the
statement or affidavit described in subsection (1) of this
section shall be filed not later than 10 business days after a
candidate or treasurer receives a request from the Secretary of
State.
SECTION 61. { + If House Bill 2575 becomes law, section 60 of
this 2001 Act (amending ORS 260.045) is repealed and ORS 260.045,
as amended by section 7, chapter ___, Oregon Laws 2001 (Enrolled
House Bill 2575), is amended to read: + }
260.045. (1) If a candidate or treasurer receives a
contribution of more than $50 from a political committee not in
this state, the candidate or treasurer shall file the following
if required under subsection (2) of this section:
(a) A written statement of the name, occupation and address of
each person, or the name, address and primary nature of each
political committee, who contributed more than $50 of the
contribution. The statement shall be certified as true by an
officer of the contributing political committee. As used in this
paragraph, 'address' includes street number and name, rural route
number or post-office box, and city and state; or
(b) An affidavit that to the best of the candidate's or
treasurer's knowledge and belief the contributing political
committee will not make contributions to candidates and
treasurers in this state that exceed two-thirds, in total amount,
of all contributions made by it in this state and elsewhere
during the period described in ORS 260.058 (1), 260.063 (1),
260.068 (1) or 260.073 (1) or the period described in ORS 260.118
{ - (3) or (8) - } { + (4) or (9) + } for which the statement
is filed. The affidavit shall be filed at the same time the
statement is filed regarding the contribution.
(2) The statement or affidavit described in subsection (1) of
this section shall be filed if:
(a) Requested by the Secretary of State; or
(b) The Secretary of State receives a request for the filing
from any person made not later than six months after the deadline
for filing a statement under ORS 260.058 (1), 260.063 (1),
260.068 (1), 260.073 (1) or 260.118 { - (3) or (8) - } { +
(4) or (9) + }, if a candidate or treasurer files a statement
reporting a contribution received from a political committee not
in this state.
(3) If requested under subsection (2) of this section, the
statement or affidavit described in subsection (1) of this
section shall be filed not later than 10 business days after a
candidate or treasurer receives a request from the Secretary of
State.
SECTION 62. ORS 192.502 is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if the public
disclosure thereof would constitute an unreasonable invasion of
privacy, unless the public interest by clear and convincing
evidence requires disclosure in the particular instance. The
party seeking disclosure shall have the burden of showing that
public disclosure would not constitute an unreasonable invasion
of privacy.
(3)(a) Public body employee or volunteer addresses, dates of
birth and telephone numbers contained in personnel records
maintained by the public body that is the employer or the
recipient of volunteer services. This exemption does not apply:
(A) To such employees or volunteers if they are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
(B) To such employees or volunteers to the extent that the
party seeking disclosure shows by clear and convincing evidence
that the public interest requires disclosure in a particular
instance; or
(C) To a substitute teacher as defined in ORS 342.815 when
requested by a professional education association of which the
substitute teacher may be a member.
(b) Nothing in this subsection exempting employee records from
disclosure relieves a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure thereof would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapter 238 and ORS 238.410.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Resource and
Technology Development Account or the Oregon Resource and
Technology Development Account Board, the Port of Portland or
other ports, as defined in ORS 777.005, by applicants for
investment funds, loans or services including, but not limited
to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.430 to
151.491 for the purpose of requesting court-appointed counsel,
and all information supplied to the State Court Administrator
from whatever source for the purpose of verifying indigency of a
person pursuant to ORS 151.430 to 151.491.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health Sciences University that is not
customarily provided to business competitors.
(21) Records of Oregon Health Sciences University regarding
candidates for the position of president of the university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
submitted to the Housing and Community Services Department by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence requested to be confidential.
(k) Tenant files relating to certification.
(L) Housing assistance payment requests.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Personally identifiable information about customers of a
municipal electric utility or a people's utility district. The
utility or district may, however, release such information to a
third party if the customer consents in writing or
electronically, if the disclosure is necessary to render utility
or district services to the customer, or if the disclosure is
required pursuant to a court order. The utility or district may
charge as appropriate for the costs of providing such
information. The utility or district may make customer records
available to third party credit agencies on a regular basis in
connection with the establishment and management of customer
accounts or in the event such accounts are delinquent.
(28) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(29) Except under the provisions of section 8 (2), chapter
1059, Oregon Laws 1999, pesticide sales or use reporting data
obtained by the State Department of Agriculture exclusively under
the provisions of sections 2 to 9, chapter 1059, Oregon Laws
1999, that would reveal the identity or specific location of the
owner or lessee of a specific property where a pesticide has been
applied for a private agriculture or forestry production
operation, or other nonpublic facility on private property.
Nothing in this subsection shall limit the use that may be made
of such information for regulatory purposes or its admissibility
in any enforcement proceedings.
(30) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
{ + (31) A county elections security plan developed and filed
under section 48 of this 2001 Act. + }
SECTION 63. ORS 192.502, as amended by section 16, chapter
1059, Oregon Laws 1999, is amended to read:
192.502. The following public records are exempt from
disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public
bodies of an advisory nature to the extent that they cover other
than purely factual materials and are preliminary to any final
agency determination of policy or action. This exemption shall
not apply unless the public body shows that in the particular
instance the public interest in encouraging frank communication
between officials and employees of public bodies clearly
outweighs the public interest in disclosure.
(2) Information of a personal nature such as but not limited to
that kept in a personal, medical or similar file, if the public
disclosure thereof would constitute an unreasonable invasion of
privacy, unless the public interest by clear and convincing
evidence requires disclosure in the particular instance. The
party seeking disclosure shall have the burden of showing that
public disclosure would not constitute an unreasonable invasion
of privacy.
(3)(a) Public body employee or volunteer addresses, dates of
birth and telephone numbers contained in personnel records
maintained by the public body that is the employer or the
recipient of volunteer services. This exemption does not apply:
(A) To such employees or volunteers if they are elected
officials, except that a judge or district attorney subject to
election may seek to exempt the judge's or district attorney's
address or telephone number, or both, under the terms of ORS
192.445;
(B) To such employees or volunteers to the extent that the
party seeking disclosure shows by clear and convincing evidence
that the public interest requires disclosure in a particular
instance; or
(C) To a substitute teacher as defined in ORS 342.815 when
requested by a professional education association of which the
substitute teacher may be a member.
(b) Nothing in this subsection exempting employee records from
disclosure relieves a public employer of any duty under ORS
243.650 to 243.782.
(4) Information submitted to a public body in confidence and
not otherwise required by law to be submitted, where such
information should reasonably be considered confidential, the
public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the
disclosure.
(5) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision,
to the extent that disclosure thereof would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the
functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in
disclosure.
(6) Records, reports and other information received or compiled
by the Director of the Department of Consumer and Business
Services in the administration of ORS chapters 723 and 725 not
otherwise required by law to be made public, to the extent that
the interests of lending institutions, their officers, employees
and customers in preserving the confidentiality of such
information outweighs the public interest in disclosure.
(7) Reports made to or filed with the court under ORS 137.077
or 137.530.
(8) Any public records or information the disclosure of which
is prohibited by federal law or regulations.
(9) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or
privileged under Oregon law.
(10) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if
the considerations originally giving rise to the confidential or
exempt nature of the public records or information remain
applicable.
(11) Records of the Energy Facility Siting Council concerning
the review or approval of security programs pursuant to ORS
469.530.
(12) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employees Retirement System pursuant to
ORS chapter 238 and ORS 238.410.
(13) Records submitted by private persons or businesses to the
State Treasurer or the Oregon Investment Council relating to
proposed acquisition, exchange or liquidation of public
investments under ORS chapter 293 may be treated as exempt from
disclosure when and only to the extent that disclosure of such
records reasonably may be expected to substantially limit the
ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records
which relate to concluded transactions are not subject to this
exemption.
(14) The monthly reports prepared and submitted under ORS
293.761 and 293.766 concerning the Public Employees Retirement
Fund and the Industrial Accident Fund may be uniformly treated as
exempt from disclosure for a period of up to 90 days after the
end of the calendar quarter.
(15) Reports of unclaimed property filed by the holders of such
property to the extent permitted by ORS 98.352.
(16) The following records, communications and information
submitted to the Oregon Economic and Community Development
Commission, the Economic and Community Development Department,
the State Department of Agriculture, the Oregon Resource and
Technology Development Account or the Oregon Resource and
Technology Development Account Board, the Port of Portland or
other ports, as defined in ORS 777.005, by applicants for
investment funds, loans or services including, but not limited
to, those described in ORS 285A.224:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to
which the applicant is a party if the complaint has been filed,
or if the complaint has not been filed, if the applicant shows
that such litigation is reasonably likely to occur; this
exemption does not apply to litigation which has been concluded,
and nothing in this paragraph shall limit any right or
opportunity granted by discovery or deposition statutes to a
party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's
plan to address specific markets and applicant's strategy
regarding specific competitors.
(17) Records, reports or returns submitted by private concerns
or enterprises required by law to be submitted to or inspected by
a governmental body to allow it to determine the amount of any
transient lodging tax payable and the amounts of such tax payable
or paid, to the extent that such information is in a form which
would permit identification of the individual concern or
enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its
admissibility in any enforcement proceedings. The public body
shall notify the taxpayer of the delinquency immediately by
certified mail. However, in the event that the payment or
delivery of transient lodging taxes otherwise due to a public
body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following
information:
(a) The identity of the individual concern or enterprise that
is delinquent over 60 days in the payment or delivery of the
taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(18) All information supplied by a person under ORS 151.430 to
151.491 for the purpose of requesting court-appointed counsel,
and all information supplied to the State Court Administrator
from whatever source for the purpose of verifying indigency of a
person pursuant to ORS 151.430 to 151.491.
(19) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and
Business Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and
third party claim administrators to process workers' compensation
claims.
(b) When necessary for the director, other governmental
agencies of this state or the United States to carry out their
duties, functions or powers.
(c) When the disclosure is made in such a manner that the
disclosed information cannot be used to identify any worker who
is the subject of a claim.
(d) When a worker or the worker's representative requests
review of the worker's claim record.
(20) Sensitive business records or financial or commercial
information of the Oregon Health Sciences University that is not
customarily provided to business competitors.
(21) Records of Oregon Health Sciences University regarding
candidates for the position of president of the university.
(22) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the
address or telephone number, or both, of the patron.
(23) The following records, communications and information
submitted to the Housing and Community Services Department by
applicants for and recipients of loans, grants and tax credits:
(a) Personal and corporate financial statements and
information, including tax returns.
(b) Credit reports.
(c) Project appraisals.
(d) Market studies and analyses.
(e) Articles of incorporation, partnership agreements and
operating agreements.
(f) Commitment letters.
(g) Project pro forma statements.
(h) Project cost certifications and cost data.
(i) Audits.
(j) Project tenant correspondence requested to be confidential.
(k) Tenant files relating to certification.
(L) Housing assistance payment requests.
(24) Raster geographic information system (GIS) digital
databases, provided by private forestland owners or their
representatives, voluntarily and in confidence to the State
Forestry Department, that is not otherwise required by law to be
submitted.
(25) Sensitive business, commercial or financial information
furnished to or developed by a public body engaged in the
business of providing electricity or electricity services, if the
information is directly related to a transaction described in ORS
261.348, or if the information is directly related to a bid,
proposal or negotiations for the sale or purchase of electricity
or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its
retail electricity customers. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(26) Sensitive business, commercial or financial information
furnished to or developed by the City of Klamath Falls, acting
solely in connection with the ownership and operation of the
Klamath Cogeneration Project, if the information is directly
related to a transaction described in ORS 225.085 and disclosure
of the information would cause a competitive disadvantage for the
Klamath Cogeneration Project. This subsection does not apply to
cost-of-service studies used in the development or review of
generally applicable rate schedules.
(27) Personally identifiable information about customers of a
municipal electric utility or a people's utility district. The
utility or district may, however, release such information to a
third party if the customer consents in writing or
electronically, if the disclosure is necessary to render utility
or district services to the customer, or if the disclosure is
required pursuant to a court order. The utility or district may
charge as appropriate for the costs of providing such
information. The utility or district may make customer records
available to third party credit agencies on a regular basis in
connection with the establishment and management of customer
accounts or in the event such accounts are delinquent.
(28) A record of the street and number of an employee's address
submitted to a special district to obtain assistance in promoting
an alternative to single occupant motor vehicle transportation.
(29) Sensitive business records, capital development plans or
financial or commercial information of Oregon Corrections
Enterprises that is not customarily provided to business
competitors.
{ + (30) A county elections security plan developed and filed
under section 48 of this 2001 Act. + }
SECTION 63a. If Senate Bill 216 becomes law, section 3, chapter
489, Oregon Laws 2001 (Enrolled Senate Bill 216), is amended to
read:
{ + Sec. 3. + } (1) If a chief petitioner of a statewide
initiative or referendum petition has knowledge of a violation of
any provision of Oregon Revised Statutes { - relating to the
conduct of any election - } or of any rule adopted by the
Secretary of State under ORS chapters 246 to 260 { + related to
the circulation of a statewide initiative or referendum
petition + } committed by a person obtaining signatures on the
chief petitioner's petition, the violation by the person
obtaining signatures shall be conclusively considered a violation
by the chief petitioner.
{ + (2) A chief petitioner shall not be liable under
subsection (1) of this section if the chief petitioner notifies
the Secretary of State in writing not later than one business day
after the chief petitioner obtains knowledge of a potential
violation. The notice shall state:
(a) That a potential violation has occurred;
(b) The nature of the potential violation; and
(c) All specific information known to the chief petitioner
regarding the potential violation. + }
{ - (2) - } { + (3) + } If a statewide initiative or
referendum petition has more than one chief petitioner, { - no
more than one - } { + each + } chief petitioner { + with
knowledge + } may be held liable under subsection (1) of this
section.
{ + (4) + } This section does not apply to a violation of law
that is subject to criminal penalty.
SECTION 64. ORS 260.156 is amended to read:
260.156. (1) The Secretary of State may adopt rules for the
manner of determining and reporting expenditures and
contributions under this chapter, including but not limited to
rules for allocation of contributions and expenditures and for
determination of fair market value of contributions other than
money. { + Rules adopted under this section shall provide for
proportional reporting of expenditures and contributions that
benefit more than one candidate or political committee. + }
(2) The valuation or allocation of any contribution or
expenditure under a rule adopted by the Secretary of State before
the contribution or expenditure was made or, if it is a
continuing contribution or expenditure, the valuation or
allocation of that part available to and used on behalf of the
candidate after the adoption of the rule, shall be presumed to be
the fair market value or allocation of it.
{ + NOTE: + } Section 65 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 66. { + ORS 260.522 is repealed. + }
SECTION 67. { + The amendments to ORS 250.045 by section 4 of
this 2001 Act apply to a statement of sponsorship filed with a
prospective petition to initiate a state measure filed on or
after the effective date of this 2001 Act. + }
SECTION 68. { + The new provisions of law created by and
amendments to and repeal of statutes by sections 1 to 48, 53 to
56, 59 to 63a, 66 and 67 of this 2001 Act become operative
January 1, 2002. + }
SECTION 69. { + 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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