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 2402
A-Engrossed
House Bill 2674
Ordered by the House April 4
Including House Amendments dated April 4
Sponsored by Representative MINNIS; Representatives CLOSE, HILL,
KNOPP, MORGAN, PATRIDGE, WILLIAMS, WILSON, Senator MINNIS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Modifies period during which ballots must be mailed to
electors. Modifies deadline by which voters' pamphlet must be
distributed. - } { + Permits earlier filing of nominating
petition, declaration of candidacy or certificate of nomination.
Authorizes candidate whose filing is rejected by Secretary of
State based on term limit provisions in Oregon Constitution to
appeal provisions in Marion County Circuit Court. Sunsets appeal
provisions January 1, 2003.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
249.037 and 249.722; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
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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