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 3982
House Bill 3781
Sponsored by Representative MARCH
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.
Modifies procedures for preparing ballot titles for state
initiative measures. Directs Attorney General to prepare measure
summary for each prospective petition. Requires cover sheet and
signature sheets of initiative petition to contain measure
summary.
Directs Attorney General to prepare ballot title for each
initiative petition that is filed with Secretary of State with
not less than 30 percent and not greater than 50 percent of total
number of signatures required.
Modifies deadlines for Supreme Court review of ballot titles.
A BILL FOR AN ACT
Relating to state measures; creating new provisions; and amending
ORS 250.045, 250.065, 250.085 and 250.105.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.065 is amended to read:
250.065. (1) When a prospective petition for a state measure to
be referred is filed with the Secretary of State, the secretary
shall authorize the circulation of the petition using the final
measure summary of the measure in lieu of the ballot title. After
the referendum petition has been filed containing the required
number of verified signatures, the Secretary of State immediately
shall send two copies of the prospective petition to the Attorney
General.
(2) When an approved prospective petition for a state measure
to be initiated is filed with the Secretary of State, the
secretary immediately shall send two copies of it to the Attorney
General.
(3) Not later than the { - fifth - } { + 10th + } business
day after receiving the copies of the prospective petition for a
state measure to be initiated, the Attorney General shall provide
a
{ - draft ballot title - } { + measure summary + } for the
state measure to be initiated and return one copy of the
prospective petition and the
{ - ballot title - } { + measure summary + } to the Secretary
of State. { + The measure summary shall be a statement of not
more than 30 words, printed in boldfaced capital letters, that
describes the subject matter of the measure and its major
effects. The measure summary shall not be subject to review by a
court. + }
(4) Not later than the 10th business day after receiving the
copies of the prospective petition for a state measure to be
referred, the Attorney General shall provide a draft ballot title
for the state measure to be referred and return one copy of the
prospective petition and the draft ballot title to the Secretary
of State.
{ + (5) Not later than one business day after the Secretary
of State verifies that the initiative petition contains the
required number of signatures of electors under ORS 250.105
(1)(a), the Secretary of State shall send a copy of the petition
to the Attorney General. Not later than the 10th business day
after receiving the copy of the initiative petition, the Attorney
General shall provide a draft ballot title for the petition and
return one copy of the petition and the ballot title to the
Secretary of State. + }
SECTION 2. 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 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 - } { + The Attorney General has not
yet provided the measure summary to the Secretary of State under
ORS 250.065 (3) + }.
(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 - } { + final measure summary + } 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. - } { + The cover of an initiative
petition shall contain the measure summary prepared by the
Attorney General under ORS 250.065 (3) under the heading '
MEASURE SUMMARY FOR CIRCULATION.' + }
(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 - } { + measure
summary prepared under ORS 250.065 (3) + }. 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 3. ORS 250.085 is amended to read:
250.085. (1) Any elector dissatisfied with a ballot title
prepared by the Legislative Assembly for a measure referred to
the people by the assembly and filed with the Secretary of State
may petition the Supreme Court seeking a different title. The
petition shall state the reasons that the title filed with the
Secretary of State does not substantially comply with the
requirements of ORS 250.035.
(2) Any elector dissatisfied with a ballot title for an
initiated or referred measure certified by the Attorney General
and who timely submitted written comments on the draft ballot
title may petition the Supreme Court seeking a different title.
The petition shall state the reasons that the title filed with
the Secretary of State does not substantially comply with the
requirements of ORS 250.035.
(3) The petition shall name the Attorney General as the
respondent and must be filed:
{ + (a) In the case of a title for an initiated measure, not
later than the fifth business day after the date that the
Secretary of State verifies that the petition contains the total
required number of signatures of electors or not later than the
fifth business day after the deadline for filing the petition for
the initiated measure, whichever date is earlier; + }
{ - (a) - } { + (b) In the case of a title for a referred
measure certified by the Attorney General, + } not later than the
10th business day after the Attorney General certifies a ballot
title to the Secretary of State; or
{ - (b) - } { + (c) + } If the title is provided by the
Legislative Assembly under ORS 250.075, not later than the 10th
business day after the Legislative Assembly files the ballot
title with the Secretary of State.
(4) An elector filing a petition under this section shall
notify the Secretary of State in writing that the petition has
been filed. The notice shall be given not later than 5 p.m. on
the next business day following the day the petition is filed.
(5) The court shall review the title for substantial compliance
with the requirements of ORS 250.035, and shall certify a title
meeting this standard to the Secretary of State.
(6) When reviewing a title prepared by the Attorney General,
the court shall not consider arguments concerning the ballot
title not presented in writing to the Secretary of State unless
the court determines that the argument concerns language added to
or removed from the draft title after expiration of the comment
period provided in ORS 250.067.
(7) The review by the Supreme Court shall be conducted
expeditiously to { - insure - } { + ensure + } the orderly
and timely
{ - circulation of the petition or - } conduct of the election
at which the measure is to be submitted to the electors.
SECTION 4. ORS 250.105 is amended to read:
250.105. (1) { + (a) For the purpose of qualifying for
preparation of a ballot title for the proposed state measure
under ORS 250.065, an initiative petition relating to a state
measure shall be filed with the Secretary of State with a number
of signatures that is not less than 30 percent and not greater
than 50 percent of the total number of signatures of electors
required on the petition. The Secretary of State shall verify
whether the petition contains the required number of signatures
of electors. The filed petition shall contain only original
signatures. Each petition shall be verified in the order in which
the petitions are filed with the secretary. The petition may be
circulated for additional signatures during the verification
process conducted under this section.
(b) In addition to the requirements of paragraph (a) of this
subsection for an initiative petition, + }an initiative or
referendum petition relating to a state measure shall be filed
with the Secretary of State for the purpose of verifying whether
the petition contains the { + total + } required number of
signatures of electors. { + The secretary shall not accept an
initiative petition relating to a state measure that was not
filed with the secretary under paragraph (a) of this subsection.
Signatures verified under paragraph (a) of this subsection shall
be counted toward the total number of signatures required on the
petition and need not be verified again under this paragraph.
+ }The filed petition shall contain only original signatures.
Each petition shall be verified in the order in which the
petitions are filed with the secretary.
(2) An initiative or referendum petition relating to a state
measure shall not be accepted for filing { + under subsection
(1)(a) or (b) of this section + } if it contains less than
{ - 100 percent of - } the required number of signatures.
(3) { + (a) If an initiative petition is submitted under
subsection (1)(a) of this section and if the Secretary of State
determines that insufficient signatures have been submitted but
the deadline for filing the petition has not passed, the
petitioners may submit additional signatures.
(b) + } If an initiative or referendum petition is submitted
{ + under subsection (1)(b) of this section + } not less than
165 days before the election at which the proposed measure is to
be voted upon and if the Secretary of State determines that
insufficient signatures have been submitted but the deadline for
filing the petition has not passed, the petitioners may submit
additional signatures.
(4) The Secretary of State by rule shall designate a
statistical sampling technique to verify whether a petition
contains the required number of signatures of electors. A
petition shall not be rejected { + under subsection (1)(a) or
(b) of this section + } for the reason that it contains less than
the required number of signatures unless two separate sampling
processes both establish that the petition lacks the required
number of signatures. The second sampling must contain a larger
number of signatures than the first sampling. If two samplings
are required under this subsection, the total number of
signatures verified on the petition shall be not less than five
percent of the total number of signatures on the petition.
(5) For purposes of estimating the number of duplicate
signatures contained in a petition, the Secretary of State shall
apply at least an eight percent duplication rate in the first
sampling of signatures on all petitions. If a second sampling of
signatures is required under subsection (4) of this section, the
secretary shall calculate an estimated signature duplication rate
for each petition for which a second sampling is required. For
purposes of calculating an estimated signature duplication rate
for each petition for which a second sampling is required, the
county clerks shall report to the secretary the number of
electors determined to have signed a specific petition more than
once.
(6) When verifying signatures for a state initiative or
referendum petition, the county clerk shall identify on an
elector's voter registration record or other database that the
elector signed the specific initiative or referendum petition.
(7) The Secretary of State may employ professional assistance
to determine the sampling technique to be designated under
subsection (4) of this section.
SECTION 5. { + (1) The amendments to ORS 250.045, 250.065,
250.085 and 250.105 by sections 1 to 4 of this 2001 Act do not
apply to any initiative petition that, if filed with the
Secretary of State with the required number of signatures of
qualified voters, will be submitted to the people at the general
election held on the first Tuesday after the first Monday in
November 2002.
(2) The amendments to ORS 250.045, 250.065, 250.085 and 250.105
by sections 1 to 4 of this 2001 Act do apply to any initiative
petition that, if filed with the Secretary of State with the
required number of signatures of qualified voters, will be
submitted to the people at a general election occurring after the
first Tuesday after the first Monday in November 2002, regardless
of when the prospective petition for the initiative petition is
filed. + }
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