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 2614
House Bill 2840
Sponsored by Representative G SMITH; Representatives GARRARD, P
SMITH, Senator FERRIOLI (at the request of Judge Mike McArthur)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Adds office of county judge who exercises judicial functions to
list of nonpartisan offices.
A BILL FOR AN ACT
Relating to the office of county judge; creating new provisions;
and amending ORS 202.100, 236.210, 236.215, 236.217, 249.002
and 254.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 249.002 is amended to read:
249.002. As used in this chapter:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court { + , or any county judge
who exercises judicial functions + }.
(5) 'Member' means an individual who is registered as being
affiliated with the political party.
(6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(7) 'Nonpartisan office' means the office of judge,
Superintendent of Public Instruction, Commissioner of the Bureau
of Labor and Industries, any elected office of a metropolitan
service district under ORS chapter 268, justice of the peace,
county clerk, county assessor, county surveyor, county treasurer,
sheriff, district attorney or any office designated nonpartisan
by a home rule charter.
(8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
(10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, Superintendent of Public Instruction, judge,
state Senator, state Representative or district attorney.
SECTION 2. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
(2) 'Ballot label' means the material containing the names of
candidates or the measures to be voted on.
(3) 'Chief elections officer' means the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
(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) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(9) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court, Superintendent of Public Instruction, Commissioner of the
Bureau of Labor and Industries, any elected office of a
metropolitan service district under ORS chapter 268, justice of
the peace, county clerk, county assessor, county surveyor, county
treasurer, { + county judge who exercises judicial
functions, + } sheriff, district attorney or any office
designated nonpartisan by a home rule charter.
(10) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(11) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
(12) 'Voting machine' means:
(a) Any device which will record every vote cast on candidates
and measures and which will either internally or externally total
all votes cast on that device.
(b) Any device into which a ballot may be inserted and which is
so designed and constructed that the vote for any candidate or
measure may be indicated by punching or marking the ballot.
(13) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked or
punched ballots.
SECTION 3. ORS 236.210 is amended to read:
236.210. (1) When there is a vacancy in any elective county
office other than the office of county judge or county
commissioner, the county court or board of county commissioners
shall appoint a person to perform the duties of the office until
the vacancy is filled by election.
(2) Except as provided in subsection (3) of this section, when
a vacancy occurs in the nonpartisan office of county judge { +
who does not exercise judicial functions + } or county
commissioner, the remaining members of the county court or board
of county commissioners shall appoint a person to perform the
duties of the office until the vacancy is filled by election.
(3) When a vacancy occurs in the office of { - a - } county
judge who exercises judicial functions, the Governor shall fill
the vacancy by appointment as provided in section 16, Article V
of the Oregon Constitution.
(4) Before a person appointed under subsection (1) or (2) of
this section takes office, the person shall qualify in the same
manner as required by law of the officer in whose place the
person is appointed.
SECTION 4. ORS 236.215 is amended to read:
236.215. (1) When a vacancy occurs in the partisan elective
office of county judge { + who does not exercise judicial
functions + } or county commissioner, the remaining members of
the county court or board of county commissioners of the county,
pursuant to ORS 236.217, shall appoint a person qualified to hold
office who is an elector of the county to perform the duties of
the office until the term of office expires or the vacancy is
filled by election.
(2) When the provisions of ORS 236.217 apply, the appointment
shall be made from a list of not fewer than three nor more than
five nominees furnished by the county clerks. If fewer than three
names of nominees are furnished or if no list is received by the
appointing authority, the county court or board of county
commissioners may consider additional qualified persons. The
person so appointed must have been a member of the same major
political party at least 180 days before the date the vacancy to
be filled occurred.
(3) The vacancy must be filled by appointment within 30 days
after its occurrence.
SECTION 5. ORS 236.217 is amended to read:
236.217. When any vacancy under ORS 236.215 exists in any
partisan elective office of county judge { + who does not
exercise judicial functions + } or county commissioner occupied
by a member of a major political party and that vacancy is to be
filled by an appointing authority as provided in ORS 236.215, the
major political party pursuant to party rule shall nominate not
fewer than three nor more than five qualified persons to fill the
vacancy. The nominating procedure shall reflect the principle of
one-person, one-vote to accord voting weight in proportion to the
number of party members represented. At the request of a party
making a nomination, the county clerk or chief elections officer
of the county in which the vacancy exists shall assist the party
in determining the number of electors registered as members of
the party in the electoral district. As soon as the nominees have
been appointed, but no later than 20 days after the vacancy
occurs, the party shall notify the county clerk of the persons
nominated. The county clerk shall notify the remaining members of
the county court or board of county commissioners of the county
in which the vacancy exists of the nominees.
SECTION 6. ORS 202.100 is amended to read:
202.100. (1) Not later than the 30th day after the Governor
issues the proclamation provided for in ORS 199.790 or 202.060,
the Governor shall appoint three electors, who must be residents
of the new county so formed, to serve as county judge and
commissioners for the new county. When the persons appointed
accept and qualify for their offices under ORS 204.016 and
204.020, the new county shall have existence as a county and
shall be governed by the laws of this state relating to counties.
The persons appointed shall serve until the first Monday in
January after the general election { + , or, if applicable, after
the election specified in ORS 249.088, + }at which their
successors are elected.
(2) At the next practicable general election { + , or, if
applicable, at the next practicable election specified in ORS
249.088, + } following the appointment, successors to the persons
appointed under this section shall be elected. The candidate
receiving the highest number of votes shall be elected county
judge. If the office of county judge has judicial functions, the
candidate shall be elected to a six-year term. If the office of
county judge has no judicial functions, the candidate shall be
elected to a four-year term. The candidate receiving the second
highest number of votes shall be elected to a four-year term as
commissioner. The candidate receiving the third highest number of
votes shall be elected to a two-year term as commissioner.
(3) The successors shall take office on the first Monday in
January next following their election.
(4) At each general election { + , or, if applicable, at each
election specified in ORS 249.088, + }following the
{ - general - } election at which the first board is elected, a
successor shall be elected to fill any expiring term.
SECTION 7. { + The amendments to ORS 202.100, 236.210,
236.215, 236.217, 249.002 and 254.005 by sections 1 to 6 of this
2001 Act apply to candidates for nomination or election to the
office of county judge who exercises judicial functions at
elections conducted on or after the effective date of this 2001
Act and to appointments to the office of county judge who
exercises judicial functions made on or after the effective date
of this 2001 Act. + }
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