71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2674
 
LC 2402/HB 2674-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2674
 
    By COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC AFFAIRS
 
                             April 4
 
  On page 1 of the printed bill, line 2, after the semicolon
delete the rest of the line and insert 'creating new provisions;
amending ORS 249.037 and 249.722; and declaring an emergency.'.
  Delete lines 4 through 31 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + } ORS 249.037 is amended to read:
  ' 249.037. (1) A nominating petition or declaration of
candidacy shall be filed not sooner than the   { - 250th - }
 { + 415th + } day and not later than the 70th day before the
date of the biennial primary election.
  ' (2) Notwithstanding subsection (1) of this section, a
declaration of candidacy for the office of precinct
committeeperson shall not be filed before February 1 immediately
preceding the biennial primary election.
  '  { +  SECTION 2. + } ORS 249.722 is amended to read:
  ' 249.722. (1) Except as provided in subsection (3) of this
section, a certificate of nomination of a candidate for public
office shall be filed not sooner than the   { - 15th day after
the date of the biennial primary election - }   { + 415th day + }
and not later than the 70th day before the date of the general
election.
  ' (2) A certificate of nomination of a candidate for:
  ' (a) State office, United States Senator or Representative in
Congress shall be filed with the Secretary of State.
  ' (b) County office shall be filed with the county clerk.
  ' (c) City office shall be filed with the chief city elections
officer.
  ' (3) For a special election, including an election to fill a
vacancy that occurs after the 70th day before the general
election, the Secretary of State by rule may adopt a schedule
specifying the period within which a certificate of nomination
must be filed. If the Secretary of State does not adopt a rule
under this subsection, a certificate of nomination must be filed
before the 61st day preceding the election.
  '  { +  SECTION 3. + }  { + (1) If a candidate for state office
files a nominating petition or declaration of candidacy under ORS
249.037 or a certificate of nomination under ORS 249.722 and the
petition, declaration or certificate is rejected by the Secretary
of State based on the provisions of section 19, Article II of the
Oregon Constitution, the candidate may file an action that
challenges the constitutionality of section 19, Article II of the
Oregon Constitution. The action must be commenced in the Circuit
Court for Marion County.
  ' (2) In the case of a nominating petition or declaration of
candidacy, the action must be commenced within 30 days after the
date the petition or declaration is rejected by the Secretary of
State and not later than the 250th day before the date of the
biennial primary election. In the case of a certificate of
nomination, the action must be commenced within 30 days after the
date the certificate is rejected by the Secretary of State and
 
not later than the 250th day before the date of the general
election.
  ' (3) An action under subsection (1) of this section must be
within the jurisdiction of circuit courts and must present a
justiciable controversy. The plaintiff in an action subject to
the requirements of this section must serve a copy of the
complaint on the Attorney General.
  ' (4) If an action subject to the requirements of this section
is filed in a court other than the Circuit Court for Marion
County, the other court, on its own motion or the motion of any
party to the action, shall dismiss the action or transfer the
action to the Circuit Court for Marion County.
  ' (5) If a judgment in an action subject to the requirements of
this section holds that any part of section 19, Article II of the
Oregon Constitution, is invalid in whole or in part, a party to
the action may appeal the judgment only by filing a notice of
appeal directly with the Supreme Court within the time and in the
manner specified in ORS chapter 19 for civil appeals to the Court
of Appeals. Any party filing a notice of appeal under this
subsection must note in the notice of appeal that the case is
subject to this subsection.
  ' (6) If a judgment in an action subject to the requirements of
this section holds that any part of section 19, Article II of the
Oregon Constitution, is valid, a party to the action may appeal
the judgment by filing a notice of appeal in the Court of Appeals
within the time and in the manner specified in ORS chapter 19 for
civil appeals. Notwithstanding ORS 19.405 (1), the party may move
the Court of Appeals to certify the appeal to the Supreme Court,
and the Court of Appeals acting in its sole discretion may so
certify the appeal. If the Court of Appeals certifies the appeal
to the Supreme Court, the Supreme Court shall accept or deny
acceptance of the certification as provided in ORS 19.405
(2). + }
  '  { +  SECTION 4. + }  { + Section 3 of this 2001 Act is
repealed January 1, 2003. + }
  '  { +  SECTION 5. + }  { + 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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