71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2790
Sponsored by Representative LEE (at the request of Oregon Water
Resources Congress)
CHAPTER ................
AN ACT
Relating to irrigation district elections; creating new
provisions; and amending ORS 545.041, 545.137, 545.141 and
545.153.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 545.041 is amended to read:
545.041. (1) The election shall be conducted, as nearly as
practicable, in accordance with the general election laws of the
state, except that the provisions of the election laws as to the
form of ballot and as to the nomination of candidates shall not
apply. No particular form of ballot shall be required. An absent
elector may obtain an absentee ballot and vote, as nearly as
practicable, in the manner provided for absentee electors in ORS
chapter 253.
(2) Nominations for candidates for the board of directors may
be made by petition, signed by at least 10 electors in the
proposed district or division, who are qualified to vote for the
directors nominated by them. Nominations may also be made at an
assembly of not less than 25 electors. Nominations by petition or
by assembly shall be filed with the county clerk at least
{ - 30 - } { + 35 + } days next preceding the date of
election. Not more than one of the electors of a multiple
ownership as described in ORS 545.007 (1)(a) may sign a
nominating petition or vote at an assembly. The county clerk
shall have the names of all persons nominated placed on the
ballots as candidates for the offices for which they have been
nominated. The ballots shall have a blank line under the printed
names, on which may be written the name of any candidate voted
for.
{ + (3) A nominating petition shall contain:
(a) The name by which a candidate is commonly known. The
candidate may use a nickname in parentheses in connection with
the candidate's full name;
(b) The address information of the candidate;
(c) The office for which the candidate seeks nomination;
(d) The term of office for which the candidate seeks
nomination;
(e) A statement that the candidate is qualified for the office;
(f) A statement that the candidate is willing to accept the
nomination and, if elected, the office;
(g) The signature of the candidate;
Enrolled House Bill 2790 (HB 2790-A) Page 1
(h) The printed name and address of each elector who signed the
petition; and
(i) A statement by the circulator of the petition that the
circulator is personally acquainted with the electors who signed
the petition and affirms that the signatures are genuine. + }
{ - (3) - } { + (4) + } If an elector is not shown as an
owner of land on the last equalized assessment roll or is not
shown as having authority to vote on behalf of an owner of land,
the elector shall furnish the county clerk with written evidence,
satisfactory to the county clerk, that the elector:
(a) Is a legal representative of the owner;
(b) Is entitled to be shown as the owner of land on the next
assessment roll;
(c) Is a purchaser of land under a written agreement of sale;
or
(d) Is authorized to sign for and on behalf of any public
agency owning land.
{ - (4) - } { + (5) + }The county court shall meet on the
first Monday that is at least 10 days after the election, canvass
the votes cast, and enter an order declaring the result of the
election. If upon the canvass it appears that at least
three-fifths of the votes cast are 'Irrigation District - Yes,'
the court shall, by an order entered on its minutes, declare the
territory organized as an irrigation district under the name
designated by the county court under ORS 545.033 (1), and shall
declare the persons receiving, respectively, the highest number
of votes for the several available director positions to be
elected to those positions. The court shall cause a copy of the
order, duly certified, to be immediately filed for record in the
office of the county clerk of each county in which any portion of
the district is situated.
{ - (5) - } { + (6) + }After the date of organization of
an irrigation district, the county court of any county including
any portion of the district shall not allow another district to
be formed that includes any lands in the existing district,
without first securing consent for the formation from the
existing district.
{ - (6) - } { + (7) + }From and after the date of the
filing of the order under subsection (1) of this section, the
organization of the district is complete, and the directors may
enter upon the duties of their offices upon qualifying as
provided by law. They shall hold office until their successors
are elected and qualified.
SECTION 2. ORS 545.137 is amended to read:
545.137. (1) At least 10 days before any election held under
the Irrigation District Law, subsequent to the organization of
any district, the secretary of the board of directors shall cause
the publication of a notice of the time, place and purpose of the
election in a newspaper that is published or distributed within
every county in which either the district or a division of the
district is located. The secretary shall also post a general
notice of the election in the office of the board specifying the
polling places of each { - precinct - } { + division + }.
(2) Prior to the publishing and posting of the notices required
in subsection (1) of this section, the board must appoint for
each { - precinct - } { + division + }, from the electors of
the { - precinct - } { + division + }, three judges of
election, who shall constitute a board of election for the
{ - precinct - } { + division + }. If the board fails to
appoint a board of election, or the members appointed do not
Enrolled House Bill 2790 (HB 2790-A) Page 2
attend at the opening of the polls on the morning of election,
the electors of the { - precinct - } { + division + }at that
hour may appoint a board of election from the group of electors
present. In its order appointing the board of election, the board
of directors must designate the place within the
{ - precinct - } { + division + }where the election is to be
held. The board may designate the district office or any other
location within the district as the place where the election is
to be held. If one location serves as the place of election for
more than one { - precinct - } { + division + }, the board of
directors may appoint from among the electors of the
{ - precincts one - } { + divisions a single + } three-member
board of election for the
{ - precincts - } { + divisions + }.
(3) Candidates may be nominated for any election in the same
manner as candidates may be nominated at the organization
election { + described in ORS 545.041. Openings for the board
of directors of an irrigation district shall be advertised in a
newspaper of general circulation within the boundaries of the
district for which the candidate would be elected or posted in
three public places within the district at least 60 days prior to
the election + }. All nominations shall be filed with the
secretary of the board { - at least 30 - } { + not more than
75 nor less than 35 + }days before the date of the election. In
districts having more than 25 electors, a person shall not be
elected as a member of the board of directors unless the person
has been nominated either by petition or at an assembly
{ - 30 - } { + 35 + }days prior to the date of the election.
(4) If, after expiration of the date for nomination, only one
qualified candidate has been nominated for the office to be
filled, it shall not be necessary to hold an election. The board
of directors shall declare such candidate elected as director at
the next regularly scheduled board meeting or at a special
meeting called for that purpose. The secretary immediately shall
make out and deliver to the nominated person a certificate of
election signed by the secretary and authenticated with the seal
of the board.
(5) The secretary shall cause the names of all persons
nominated to be printed on ballots as candidates for the offices
for which they have been nominated.
SECTION 3. ORS 545.141 is amended to read:
545.141. (1) Voting may commence as soon as the polls are open
and may continue during all the time the polls remain open.
Voting shall be conducted as nearly as practicable in accordance
with the general election laws. An absent elector may obtain an
absentee ballot and vote, as nearly as practicable, in the manner
provided for absentee electors in ORS chapter 253.
(2) A person who offers to vote and claims to be an elector,
but fails to provide either evidence of ownership, acreage or
other voting authorization, shall be allowed to vote after
submitting a sworn statement in accordance with the provisions of
ORS 254.407 and 254.409. However, any person voting pursuant to
this section shall, in addition to the information required by
ORS 254.407, include information in the elector's statement
concerning the location of the claimed land and the precise
acreage for which the elector is claiming ownership or voting
authorization. Upon receipt of the elector's sworn statement, the
secretary of the district shall attempt to verify the elector's
voting qualifications under the Irrigation District Law.
Enrolled House Bill 2790 (HB 2790-A) Page 3
(3) Any election board member or elector present at the time of
voting shall challenge a person offering to vote in any election
whom the board member or elector knows or believes to be
unqualified as an elector. Any challenge shall be made in
accordance with ORS 254.419. The elector's statement required by
ORS 254.419 shall include the location of the claimed land and
the precise acreage for which the elector is claiming ownership
or voting authorization. Upon receipt of the elector's sworn
statement, the secretary of the district shall attempt to verify
the elector's voting qualifications according to the provisions
of the Irrigation District Law.
(4) As soon as the polls are closed the judges shall open the
ballot box and shall commence counting the votes. The ballot box
shall not be removed from the room in which the election is held
until all ballots have been counted. The counting of the ballots
shall be public. The presiding officer of the board of election
or one of the judges shall take ballots from the ballot box one
at a time, open them and read aloud the name of each person named
on the ballot and the office for which the person is voted. { +
If the intent of the voter is clear, the vote shall be counted
and not rejected for lack of form. + }The judges shall keep an
accurate account of the votes by tallies in duplicate and the
counting shall continue without adjournment until all votes have
been counted.
SECTION 4. ORS 545.153 is amended to read:
545.153. (1) The secretary of the board of directors shall, as
soon as the result is declared, enter on the records of the board
a statement of the result. The statement must show:
(a) The whole number of votes cast in the district and in each
division of the district.
(b) The names of the persons voted for.
(c) The office for which each person received votes.
(d) The number of votes given in each { - precinct - }
{ + division + } to each person.
(e) The number of votes given for the office of director.
{ + (f) The term of office for which each person received
votes. + }
(2) The board of directors shall declare elected the person
having the highest number of votes given for each office. The
secretary shall immediately make out and deliver to such person a
certificate of election, signed by the secretary and
authenticated with the seal of the board. No informalities in
conducting any election shall invalidate it if the election has
been otherwise fairly conducted.
SECTION 5. { + The amendments to ORS 545.041, 545.137, 545.141
and 545.153 by sections 1 to 4 of this 2001 Act apply to an
irrigation district election ordered by the board of directors of
the district on or after the effective date of this 2001 Act. + }
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Enrolled House Bill 2790 (HB 2790-A) Page 4
Passed by House March 9, 2001
Repassed by House May 15, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 11, 2001
...........................................................
President of Senate
Enrolled House Bill 2790 (HB 2790-A) Page 5
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2790 (HB 2790-A) Page 6