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 2772
Senate Bill 752
Sponsored by Senator ATKINSON, Representative 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 as
introduced.
Changes date of biennial primary election from third Tuesday in
May to third Tuesday in September in even-numbered years.
Retains presidential primary election in May. Modifies period for
filing and conducting election contests, recounts and actions for
false campaign statements following biennial primary election.
Directs Secretary of State to print single September voters'
pamphlet. Changes deadlines for filing for nomination or election
to office and for filing information relating to candidates and
measures with election officials.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
171.185, 180.020, 198.747, 198.765, 199.519, 203.035, 203.085,
203.230, 203.710, 221.040, 221.180, 221.230, 222.040, 222.250,
241.002, 244.050, 246.179, 246.270, 246.560, 247.203, 247.296,
247.410, 247.435, 247.555, 247.940, 247.945, 248.007, 248.008,
248.033, 249.037, 249.078, 249.170, 249.180, 249.200, 249.205,
249.722, 249.830, 250.127, 250.131, 251.026, 251.065, 251.115,
251.165, 251.175, 251.185, 251.205, 251.215, 251.245, 251.255,
251.285, 251.295, 253.030, 253.045, 253.065, 253.540, 253.565,
254.016, 254.025, 254.046, 254.056, 254.076, 254.085, 254.095,
254.103, 254.115, 254.195, 254.205, 254.365, 254.370, 254.465,
254.470, 254.474, 254.545, 254.546, 254.555, 254.565, 255.069,
255.085, 255.235, 255.345, 258.006, 258.036, 258.055, 258.065,
258.075, 258.085, 258.161, 258.190, 260.058, 260.063, 260.068,
260.073, 260.215, 260.241, 260.532, 261.190, 261.355, 261.360,
261.710, 267.208, 268.710, 287.056, 316.102, 333.510, 334.725,
341.085, 358.375, 607.025 and 777.326.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.056 is amended to read:
254.056. (1) The general election shall be held on the first
Tuesday after the first Monday in November of each even-numbered
year. At the general election officers of the state and
subdivisions of the state, members of Congress and electors of
President and Vice President of the United States { - as - }
{ + that + } are to be elected in that year shall be elected.
(2) The biennial primary election shall be held on the third
Tuesday in { - May - } { + September + } of each
even-numbered year { + , except as provided in this subsection.
In any even-numbered year when the date of the general election
is fewer than 49 days after the third Tuesday in September, the
biennial primary election shall be held on the second Tuesday in
September + }. At the biennial primary election precinct
committeepersons shall be elected and major political party
candidates { + other than candidates for President of the United
States + } shall be nominated for offices to be filled at the
general election held in that year.
{ + (3) The presidential preference primary election shall be
held on the third Tuesday in May of each year in which electors
of the President and Vice President of the United States are to
be elected. At the presidential preference primary election,
electors may vote for candidates for nomination for President of
the United States. + }
SECTION 2. ORS 246.179 is amended to read:
246.179. (1) Notwithstanding ORS 246.250, the Secretary of
State shall reimburse each county clerk for necessary expenses of
an election described in subsection (2) of this section based on
a claim filed by the county clerk and approved by the Secretary
of State. The claim shall be made on a form designed by the
Secretary of State. The Secretary of State shall make the
reimbursement from funds made available to the Secretary of State
by the Emergency Board.
(2) The Secretary of State shall reimburse each county clerk
for necessary expenses of:
(a) A special primary election or a special election to fill a
vacancy in the election or office of United States Senator or
Representative in Congress held on a date other than the date of
the biennial primary election { + , presidential preference
primary election + } or the general election; or
(b) A recall election involving the holder of a state office.
As used in this subsection, 'state office' has the meaning given
that term in ORS 249.002.
SECTION 3. ORS 246.270 is amended to read:
246.270. On the day of any biennial primary election, { +
presidential preference primary election, + } general election or
special election held throughout the county, the county clerk's
office shall remain open for business pertaining to the election
from 7 a.m. to 8 p.m. of the same day.
SECTION 4. ORS 246.560 is amended to read:
246.560. (1) No voting machine shall be approved by the
Secretary of State unless it is constructed so that it:
(a) Secures to the elector secrecy of voting.
(b) Provides facilities for voting for the candidates of as
many political parties or organizations as may make nominations
and for or against as many measures as may be submitted.
(c) Permits the elector to vote for any person and as many
persons for an office and upon any measure for which the elector
has the right to vote.
(d) Permits the elector, except at a biennial primary
election { + or presidential preference primary election + }, to
vote for all the candidates of one party or in part for the
candidates of one party and in part for the candidates of one or
more other parties.
(e) Correctly records on a separate ballot the votes cast by
each elector for any person and for or against any measure.
(f) Provides that a vote for more than one candidate cannot be
cast by one single operation of the voting machine or vote tally
system except for President and Vice President and electors for
those offices.
(g) Provides that straight party pointers shall be disconnected
from all candidate pointers.
(2) A vote tally system shall be:
(a) Capable of correctly counting votes on ballots on which the
proper number of votes have been marked or punched for any office
or measure that has been voted.
(b) Capable of ignoring the votes marked or punched for any
office or measure where more than the allowable number of votes
have been marked or punched, but shall correctly count the
properly voted portions of the ballot.
(c) Capable of accumulating a count of the specific number of
ballots tallied for a precinct, accumulating total votes by
candidate for each office, and accumulating total votes for and
against each measure of the ballots tallied for a precinct.
(d) Capable of tallying votes from ballots of different
political parties, from the same precinct, in a biennial primary
election { + or presidential preference primary election + }.
(e) Capable of accommodating the procedure established under
ORS 254.155.
(f) Capable of automatically producing precinct totals in
either printed, marked, or punched form, or combinations thereof.
SECTION 5. ORS 247.203 is amended to read:
247.203. An elector who updates a registration during the
period extending from the 20th day before a biennial primary
election { + or presidential preference primary election + } to
the date of the biennial primary election { + or presidential
preference primary election + } may not, during that period:
(1) Change the elector's political party affiliation if the
elector's immediate past registration record shows the elector
was or is registered as affiliated with a political party.
(2) Terminate affiliation with a political party if the
elector's immediate past registration record shows the elector
was or is registered as affiliated with a political party.
(3) Adopt a political party affiliation if the elector's
immediate past registration shows that the elector was not or is
not registered as affiliated with a political party.
SECTION 6. ORS 247.296 is amended to read:
247.296. (1) The county clerk shall use records of the United
States Postal Service relating to ballots issued by mail to
verify the accuracy of addresses of electors contained in the
registration file of the county clerk.
(2) Based on information obtained under subsection (1) of this
section, the county clerk shall automatically update the
registration of an elector under ORS 247.292 or mail a notice
described in ORS 247.563.
(3) The registration of an elector shall not be canceled during
the 90-day period prior to any biennial primary { + election,
presidential preference primary election + } or general election
based on information obtained under this section.
SECTION 7. ORS 247.410 is amended to read:
247.410. A person who is qualified to register, except that the
person will have resided in this state less than 20 days before
the election, may vote in the election for candidates for
nomination or election for President or Vice President of the
United States or elector of President and Vice President of the
United States if the person:
(1) Did not vote for the nomination of such candidates in
another state during the six months immediately preceding the
person's request for registration to vote for the nomination of
such candidates in the { - biennial - } { + presidential
preference + }primary election in this state; or
(2) Did not vote for the election of such candidates in another
state during the six months immediately preceding the person's
request for registration to vote for the election of such
candidates in the general election in this state.
SECTION 8. ORS 247.435 is amended to read:
247.435. An elector of this state who moves to another state
after the 31st day before a { - biennial - } { + presidential
preference + } primary or general election for President or for
electors of President and Vice President, and who does not
qualify to vote in the state of the elector's present residence,
may vote for these offices in the { - biennial - }
{ + presidential preference + } primary or general election in
this state. The ballot for a person voting under this section
shall be marked 'Presidential only. '
SECTION 9. ORS 247.555 is amended to read:
247.555. (1) A county clerk may cancel the registration of an
elector:
(a) At the request of the elector;
(b) Upon the death of the elector;
(c) If the county clerk receives written evidence that the
elector has registered to vote in another county in this state or
in another state; or
(d) If the elector has not responded to a notice described in
ORS 247.563 and has not voted or updated a registration during
the period beginning on the date the notice is sent and ending on
the day after the date of the second { - regular - } general
election that occurs after the date the notice was sent.
(2) If the registration of an elector is canceled, the elector,
in order to vote in an election, must register as provided in
this chapter.
SECTION 10. ORS 247.940 is amended to read:
247.940. (1) Not later than the 21st day before any biennial
primary election, { + presidential preference primary
election, + } general election or special congressional election,
a major political party qualified under ORS 248.006 or its
affiliate within the county or a minor political party qualified
under ORS 248.008 may request from the county clerk a list of
active electors, as described in ORS 247.013, of the county. The
list shall contain the name, party affiliation, residence or
mailing address and precinct name or number of each active
elector and shall be arranged in groups by election precinct. A
major political party or its affiliate within the county or a
minor political party may make no more than two separate requests
under this subsection.
(2) If the county clerk receives a request under subsection (1)
of this section, the clerk shall deliver the list not later than:
(a) Ten days after receiving the request; or
(b) The date requested, provided that the date requested is
more than 10 days after the request was made and at least 10 days
before the date of any biennial primary election,
{ + presidential preference primary election, + } general
election or special congressional election.
(3) The county clerk shall not charge for preparation or
delivery of the list supplied under this section.
SECTION 11. ORS 247.945 is amended to read:
247.945. (1) The county clerk, upon request before the 45th day
before a biennial primary { + election, presidential preference
primary election + }, general { + election + } or special
election, shall deliver to any person a list of electors. The
lists shall be prepared in the manner requested, limited only to
the capabilities of the Secretary of State or the county clerk.
(2) The county clerk shall collect and pay into the county
treasury a charge for the actual cost of supplying lists under
subsection (1) of this section.
(3) The county clerk shall keep a record of all persons to whom
a list of electors is delivered under this section.
SECTION 12. ORS 248.007 is amended to read:
248.007. (1) Subject to ORS 248.005, a major political party
may organize and select delegates to national party conventions
in any manner.
(2) The provisions of ORS 248.012 to 248.315 do not apply to a
major political party if the party has notified the Secretary of
State as provided in subsection (5) of this section that the
party does not intend to be subject to the provisions of ORS
248.012 to 248.315. References to precinct committeepersons in
any provisions of ORS chapters 246 to 260 do not apply to a party
described in this subsection.
(3) ORS 248.012 to 248.315 apply only to a major political
party that has notified the Secretary of State as provided in
subsection (5) of this section that the political party intends
to be subject to the provisions of ORS 248.012 to 248.315.
References to precinct committeepersons in any provisions of ORS
chapters 246 to 260 shall apply to a party described in this
subsection. If a major political party fails to notify the
Secretary of State under this subsection, the party shall be
considered subject to the provisions of ORS 248.012 to 248.315.
(4) A major political party shall notify the Secretary of State
as provided in subsection (5) of this section if the party does
not intend to be subject to the provisions of ORS 248.012 to
248.315 except that the party intends to elect precinct
committeepersons. If a party notifies the Secretary of State
under this subsection, the party shall elect precinct
committeepersons only as provided in ORS 248.015 and shall elect
precinct committeepersons in the same manner in all precincts in
this state.
(5) Not later than the 274th day before the date of the
biennial primary election, a major political party shall notify
the Secretary of State in writing whether or not the party
intends to be subject to the provisions of ORS 248.012 to 248.315
or whether the party intends to elect precinct committeepersons
under subsection (4) of this section. If the major political
party does not intend to be subject to the provisions of ORS
248.012 to 248.315 or intends to elect precinct committeepersons
under subsection (4) of this section, the party shall file with
the Secretary of State, at the same time notice is given under
this subsection, a copy of its organizational documents setting
forth the manner in which its officers and managing committees
are selected or any other manner in which it conducts its
affairs.
(6) In each even-numbered year, a major political party shall
file with the Secretary of State a statement indicating that the
party is operating subject to ORS 248.012 to 248.315 or a copy of
current organizational documents setting forth the manner in
which its officers and managing committees are selected or any
other manner in which it conducts its affairs. Material described
in this subsection shall be filed on the 274th day before the
{ - third Tuesday in May - } { + first Tuesday after the first
Monday in November + } of each odd-numbered year.
(7) A major political party subject to the provisions of this
section shall nominate candidates of the major political party,
for other than political party office, at the biennial primary
election.
SECTION 13. ORS 248.008 is amended to read:
248.008. (1) An affiliation of electors becomes a minor
political party in the state, a county or other electoral
district, qualified to make nominations for public office in that
electoral district and in any other electoral district wholly
contained within the electoral district, when either of the
following events occurs:
(a) When the affiliation of electors has filed with the
Secretary of State a petition with the signatures of at least a
number of electors equal to one and one-half percent of the total
votes cast in the electoral district for all candidates for
Governor at the most recent election at which a candidate for
Governor was elected to a full term. The petition also shall
state the intention to form a new political party and give the
designation of it. The filed petition shall contain only original
signatures. The petition shall be filed not later than two years
following the date the prospective petition is filed. The
circulator shall certify on each signature sheet that the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the electoral district. The Secretary of State
shall verify whether the petition contains the required number of
signatures of electors. The petition shall not be accepted for
filing if it contains less than 100 percent of the required
number of signatures. 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 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. The
Secretary of State may employ professional assistance to
determine the sampling technique. The statistical sampling
technique may be the same as that adopted under ORS 250.105.
Before circulating the petition, the chief sponsor of the
petition shall file with the Secretary of State a signed copy of
the prospective petition. The chief sponsor 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 petition. After the
prospective petition is filed, the chief sponsor shall notify the
filing officer not later than the 10th day after the chief
sponsor 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.
(b) When the affiliation of electors has polled for any one of
its candidates for any public office in the electoral district at
least one percent of the total votes cast in the electoral
district for all candidates for:
(A) Presidential elector at the last general election at which
candidates for President and Vice President of the United States
were listed on the ballot; or
(B) Any single state office to be voted upon in the state at
large for which nominations by political parties are permitted by
law at the most recent election at which a candidate for the
office was elected to a full term.
(2) After satisfying either requirement of subsection (1) of
this section, the minor political party may nominate candidates
at the next general election if at any time during the period
beginning on the { - date of the next biennial primary
election - } { + third Tuesday in May of an even-numbered
year + } and ending on the 90th day before the next general
election, a number of electors equal to at least one-tenth of one
percent of the total votes cast in the state or electoral
district for all candidates for Governor at the most recent
election at which a candidate for Governor was elected to a full
term are registered as members of the party.
(3) A filing officer shall not accept a certificate of
nomination of a candidate nominated by a minor political party
unless the minor political party has satisfied the registration
requirement of subsection (2) of this section.
(4) After a minor political party qualifies to nominate
candidates, in order to maintain status as a minor political
party:
(a) A candidate or candidates of the party must poll a number
of votes described in subsection (1)(b) of this section at each
subsequent general election; and
(b) Following each general election, the registration
requirement of subsection (2) of this section must be satisfied.
(5) An affiliation of electors ceases to be a minor political
party in the state or electoral district if:
(a) The registration requirement of subsection (2) of this
section is not satisfied. The affiliation of electors ceases to
be a minor political party on the date of the deadline for
satisfying the registration requirement; or
(b) In the case of a minor political party qualified to
nominate candidates, a candidate or candidates of the minor
political party do not satisfy the one percent requirement
specified in subsection (1)(b) of this section at the next
general election. The affiliation of electors ceases to be a
minor political party on the date of the election.
(6) During the period beginning on the { - date of the
biennial primary election - } { + third Tuesday in May of an
even-numbered year + } and ending on the 90th day before the date
of the general election, the Secretary of State shall determine
not less than once each month whether the registration
requirement of subsection (2) of this section has been satisfied.
If the party changes its name, only those electors who register
on or after the effective date of the name change as members of
the party under the new party name shall be counted as members of
the party under this subsection.
(7) An affiliation of electors, a major political party subject
to ORS 248.006 (4) or a minor political party may not satisfy the
one percent requirement referred to in subsection (1)(b) of this
section by nominating a candidate who is the nominee of another
political party at the same election.
SECTION 14. ORS 248.033 is amended to read:
248.033. (1) The organizational meeting of a newly elected
county central committee shall be held not sooner than the sixth
day following the mailing of the notice of the organizational
meeting required by subsection (2) of this section and not later
than the { - 50th - } { + 45th + } day after the date of the
biennial primary election or the 50th day after the date of the
general election, as provided by state party rule. The retiring
county central committee shall prepare a written notice
designating the time, date and place of the meeting. A copy of
the notice for each newly elected precinct committeeperson shall
be filed with the county clerk not later than the 10th day
following the biennial primary election. The retiring county
central committee also shall mail a copy of the notice to the
retiring state central committee.
(2) The county clerk shall mail a copy of the notice of the
organizational meeting to each newly elected precinct
committeeperson when the county clerk mails the certificate of
election or acceptance of office required by ORS 248.023 (1).
(3) If the organizational meeting is held after the general
election, the chairperson of the retiring county central
committee shall mail a second copy of the notice of the time,
date and place of the meeting, not later than the 10th day before
the meeting, to each member of the newly elected county central
committee.
SECTION 15. 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 day and not later than
the { - 70th - } { + 85th + } 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 - } { + may + } not be filed before
{ - February 1 - } { + June 1 + } immediately preceding the
biennial primary election.
{ + (3) Subsection (1) of this section does not apply to a
nominating petition for President of the United States filed
under ORS 249.078. + }
SECTION 16. ORS 249.078 is amended to read:
249.078. (1) The name of a candidate for a major political
party nomination for President of the United States shall be
printed on the ballot or ballot label only:
(a) By direction of the Secretary of State who in the
secretary's sole discretion has determined that the candidate's
candidacy is generally advocated or is recognized in national
news media; or
(b) By nominating petition described in this section and filed
with the Secretary of State.
(2) A petition nominating a candidate under this section shall
contain from each congressional district the signatures of at
least 1,000 electors who are registered in the district and who
are members of the major political party of the candidate. The
electors in each congressional district shall include electors
registered in at least five percent of the precincts in each of
at least one-fourth of the counties in the congressional
district. The petition shall contain the printed name, residence
address and name or number of the precinct, if known, of each
elector whose signature appears on the petition. The signatures
shall be certified for genuineness by the county clerks under ORS
249.008. Before circulating the petition, the chief sponsor
shall file with the Secretary of State a signed copy of the
prospective petition. The chief sponsor 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 petition. After the
prospective petition is filed, the chief sponsor shall notify the
Secretary of State not later than the 10th day after the chief
sponsor 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.
{ + (3) A nominating petition under this section shall be
filed not sooner than the 250th day and not later than the 70th
day before the date of the presidential preference primary
election. + }
SECTION 17. ORS 249.170 is amended to read:
249.170. (1) A candidate who has filed a declaration of
candidacy or a nominating petition may withdraw not later than
the
{ - 67th - } { + 82nd + } day before the date of the biennial
primary election by filing a statement of withdrawal with the
filing officer with whom the declaration or petition was filed.
The statement shall be made under oath and state the reasons for
withdrawal.
(2) The official with whom a declaration of candidacy is filed,
upon request received not later than the { - 67th - }
{ + 82nd + } day before the date of the biennial primary
election, shall refund the filing fee of a candidate who dies,
withdraws or becomes ineligible for the nomination.
SECTION 18. ORS 249.180 is amended to read:
249.180. Any person who has been nominated at a biennial
primary election, or any person who has been nominated to fill a
vacancy as provided in ORS 188.120 or 249.190 and 249.200, may
withdraw from nomination by filing a written statement declining
the nomination and stating the reason for withdrawal. The
statement shall be signed by the candidate and filed not later
than the { - 67th day before the general - } { + sixth day
after the biennial primary + } election with the officer with
whom the candidate's declaration of candidacy or nominating
petition was filed.
SECTION 19. ORS 249.200 is amended to read:
249.200. (1) A major political party may nominate a candidate
to fill a vacancy in a partisan elective office in the following
manner:
(a) If the vacancy occurs on or before the { - 70th - }
{ + 85th + } day before a biennial primary election, by
selecting a nominee at the next biennial primary election; or
(b) If the vacancy occurs after the { - 70th - }
{ + 85th + } day before the biennial primary election but before
the 61st day before the general election, by selecting a nominee
as provided by party rule.
(2) The procedure under subsection (1) of this section shall
not apply in any case in which one of the following specific
procedures for filling a vacancy applies:
(a) The procedure specified in ORS 188.120 for the offices of
Representative in Congress and United States Senator.
(b) The appointment procedure specified in ORS 171.051 to
171.064 for state legislative office.
(c) The procedure specified in ORS chapter 236 for county
office.
(d) The procedure specified in ORS chapter 221 for city office.
(3) A party that selects a nominee under subsection (1)(b) of
this section, immediately after the nomination, shall notify the
filing officer with whom a declaration of candidacy for the
office is filed of the name of the nominee by the most
expeditious means practicable.
(4) The Secretary of State by rule may adopt a schedule
specifying the period following a vacancy within which a major
political party that selects a nominee under subsection (1)(b) of
this section must notify the filing officer of the name of the
nominee under subsection (3) of this section.
SECTION 20. ORS 249.205 is amended to read:
249.205. (1) If the only candidate nominated to a nonpartisan
office dies, withdraws or becomes ineligible, or if a vacancy
occurs in the nonpartisan office after the { - 70th - }
{ + 85th + } day before the nominating election and on or before
the { - 62nd - } { + 61st + } day before the general
election, a candidate for the office may file a declaration of
candidacy in the manner provided for nonpartisan office or shall
be nominated by nominating petition in the manner provided for
nonpartisan office.
(2) The Secretary of State by rule may adopt a schedule for
filing nominating petitions or declarations of candidacy under
this section. The schedule may specify the period within which
nominating petitions or declarations of candidacy must be filed
after a vacancy occurs.
SECTION 21. ORS 249.722 is amended to read:
249.722. (1) Except as provided in { - subsection (3) - }
{ + subsections (3) and (4) + } 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 - } { + 165th day + } and not later than the
{ - 70th - } { + 85th + } day before the date of the
{ - general - } { + biennial primary + } 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 - } { + 85th + } day
before the { - general - } { + biennial primary + } 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.
{ + (4) A certificate of nomination of a candidate for
elector of President and Vice President of the United States
shall be filed not sooner than the 15th day after the date of the
presidential preference primary election and not later than the
85th day before the date of the biennial primary election. + }
SECTION 22. ORS 249.830 is amended to read:
249.830. Any person who has been nominated and has accepted the
nomination under ORS 249.712 may withdraw from nomination not
later than the { - 67th - } { + 82nd + } day before the
{ - general - } { + biennial primary + } election by filing
with the officer with whom the certificate of nomination was
filed a written statement declining the nomination and stating
the reason for withdrawal. The statement shall be signed and
acknowledged by the candidate before a notary public. The
withdrawal may be sent to the Secretary of State through a county
clerk, as provided by ORS 249.850.
SECTION 23. ORS 250.127 is amended to read:
250.127. (1) { - Not later than the 99th day before a special
election held on the date of a biennial primary election or any
general election at which any state measure is to be submitted to
the people - } { + For a state measure to be submitted to the
people at the biennial primary election or general election + },
the officials named in ORS 250.125 shall prepare and file with
the Secretary of State { - , - } estimates as described in ORS
250.125 { + not later than the 70th day before the biennial
primary election + }. The officials named in ORS 250.125 may
begin preparation of the estimates described in ORS 250.125 on
the date that a petition is accepted for verification of
signatures under ORS 250.105 or the date that a measure referred
by the Legislative Assembly is filed with the Secretary of State,
whichever is applicable.
(2) Not sooner than the { - 98th - } { + 70th + } nor later
than the { - 95th - } { + 68th + } day before the
{ + biennial primary + } election, the Secretary of State shall
hold a hearing in Salem upon reasonable statewide notice to
receive suggested changes to the estimates or other information.
At the hearing any person may submit suggested changes or other
information orally or in writing. Written suggestions or other
information also may be submitted at any time before the hearing.
(3) The officials named in ORS 250.125 shall consider
suggestions and any other information submitted under subsection
(2) of this section, and may file revised estimates with the
Secretary of State not later than the { - 90th - }
{ + 65th + } day before the { + biennial primary + } election.
(4) Except as provided in subsection (5) of this section, the
original estimates and any revised estimates shall be approved by
at least three of the officials named in ORS 250.125. If an
official does not concur, the estimates shall show only that the
official dissents. The Secretary of State shall certify final
estimates not later than the { - 90th - } { + 63rd + } day
before the { + biennial primary + } election { - at which the
measure is to be voted upon - } . All estimates prepared under
ORS 250.125 and this section shall be made available to the
public.
(5) If two or more of the officials named in ORS 250.125 do not
approve the estimates, the Secretary of State alone shall
prepare, file and certify the estimates not later than the
{ - 88th - } { + 62nd + } day before the { + biennial
primary + } election { - at which the measure is to be voted
upon with the data upon which it is based - } .
(6) The support or opposition of any official named in ORS
250.125 to the original or revised estimates shall be indicated
in the minutes of any meeting of the officials. Meetings of the
officials shall be open to the public. Designees of the officials
named in ORS 250.125 may attend any meetings of the officials in
the place of the officials, but the designees may not vote to
approve or oppose any estimates.
(7) A failure to prepare, file or certify estimates under ORS
250.125, this section or ORS 250.131 shall not prevent the
inclusion of the measure in the voters' pamphlet or placement of
the measure on the ballot.
(8) If the estimates are not delivered to the county clerk by
the 61st day before the election, the county clerk may proceed
with the printing of ballots. The county clerk shall not be
required to reprint ballots to include the estimates or to
provide supplemental information that includes the estimates.
SECTION 24. ORS 250.131 is amended to read:
250.131. (1) Any person alleging that an estimate required
under ORS 250.125 was prepared, filed or certified in violation
of the procedures specified in ORS 250.125 or 250.127 may
petition the Supreme Court seeking that the required procedures
be followed and stating the reasons the estimate filed with the
court does not satisfy the required procedures. No petition shall
be allowed concerning the amount of the estimate or regarding
whether an estimate should be prepared.
(2) If the petition is filed not later than the { - 85th day
before the election at which the measure is to be voted upon - }
{ + fifth day after the Secretary of State certifies the final
estimates + }, the court shall review the procedures under which
the estimate was prepared, filed and certified, hear arguments
and determine whether the procedures required under ORS 250.125
and 250.127 were satisfied. The review by the Supreme Court shall
be conducted expeditiously to insure the orderly and timely
conduct of the election at which the measure is to be submitted
to the electors.
(3) If the court determines that the procedures described in
ORS 250.125 and 250.127 were not satisfied, the court shall order
the preparation of a second estimate, to be prepared, filed and
certified as provided in ORS 250.125 and 250.127 except that:
(a) The officials named in ORS 250.125 shall prepare and file
with the Secretary of State an estimate not later than two days
following the decision of the court;
(b) A hearing shall be held within two days after the estimate
is filed; and
(c) An estimate shall be certified not later than seven days
after the decision of the court. The procedures under which the
second estimate is filed and certified may not be appealed.
SECTION 25. ORS 251.026 is amended to read:
251.026. (1) { + The Secretary of State shall prepare and have
printed in September a voters' pamphlet for both the biennial
primary election and the general election. + } The Secretary of
State shall prepare and have printed in the voters' pamphlet
{ - for the state biennial primary election, the general
election and any special election described in ORS 251.022 - } a
statement containing, if applicable:
(a) Requirements for a citizen to qualify as an elector.
(b) When an elector is required to register or update a
registration.
(c) { - In the voters' pamphlet for the biennial primary
election, - } A statement of the duties and responsibilities of
a precinct committeeperson to be elected at the biennial primary
election.
(d) Any other information the Secretary of State considers
relevant to the conduct of the election.
(2) The Secretary of State shall include a statement on the
cover of the voters' pamphlet that the pamphlet may be used to
assist electors in voting.
(3) The Secretary of State may include in the voters' pamphlet
the following information:
(a) Maps showing the boundaries of senatorial and
representative districts.
(b) Voter registration forms.
(c) Elector instructions, including the right of an elector to
request a second ballot if the first ballot is spoiled and the
right of an elector to seek assistance in marking the ballot.
SECTION 26. ORS 251.065 is amended to read:
251.065. (1) Not later than the { - 68th - } { + 85th + }
day before the biennial primary election, any candidate
{ + described in this subsection, + } or { + an + } agent on
behalf of the candidate { - for nomination or election at the
biennial primary election to the office of President or Vice
President of the United States, United States Senator,
Representative in Congress or any state office as defined in ORS
249.002 may file with the Secretary of State a portrait of the
candidate and a printed or typewritten statement of the reasons
the candidate should be nominated or elected. A candidate or
agent on behalf of the candidate for nomination or election to
any county or city office, or to an elected office of a
metropolitan service district organized under ORS chapter 268,
may file a portrait and statement under this subsection if
permitted under ORS 251.067 - } { + may file with the Secretary
of State a portrait of the candidate and a printed or typewritten
statement of the reasons the candidate should be nominated or
elected. This subsection applies to the following candidates:
(a) Any candidate for nomination or election at the biennial
primary election to the office of United States Senator,
Representative in Congress, any state office as defined in ORS
249.002 or any county office, city office or elected office of a
metropolitan service district organized under ORS chapter 268 if
the county, city or metropolitan service district candidate is
permitted under ORS 251.067; and
(b) Any independent or minor political party candidate for
election at the general election to a partisan office listed in
paragraph (a) of this subsection and any candidate for election
at the next general election to the office of President or Vice
President of the Untied States + }.
{ - (2) Not later than the 70th day before the general
election, any candidate or agent on behalf of the candidate for
election at the general election to the office of President or
Vice President of the United States, United States Senator,
Representative in Congress or any state office as defined in ORS
249.002 may file with the Secretary of State a portrait of the
candidate and a printed or typewritten statement of the reasons
the candidate should be elected. A candidate or agent on behalf
of the candidate for election to any county or city office, or to
an elected office of a metropolitan service district organized
under ORS chapter 268, may file a portrait and statement under
this subsection if permitted under ORS 251.067. - }
{ - (3) - } { + (2) + } In the case of a special election
to fill a vacancy as described in ORS 251.022, the Secretary of
State by rule shall set the deadline for filing with the
secretary a portrait of the candidate and a printed or
typewritten statement of the reasons the candidate should be
nominated or elected.
{ - (4) - } { + (3) + } Subject to subsections (1) { - to
(3) - } { + and (2) + } of this section, the Secretary of State
by rule shall establish the format of the statements permitted
under this section.
{ - (5) - } { + (4) + } A portrait or statement filed under
this section shall be accompanied by a telephone or electronic
facsimile transmission machine number where the candidate may be
contacted for purposes of ORS 251.087.
SECTION 27. ORS 251.115 is amended to read:
251.115. (1) Not later than the { - 70th - } { + 85th + }
day before the
{ - general - } { + biennial primary + } election, the party
officers as designated in the organizational documents of any
statewide political party or assembly of electors { - having
nominated - } { + seeking to nominate + } candidates { + at
the biennial primary election or to elect candidates at the
general election + } may file with the Secretary of State a
printed or typewritten statement of arguments for the success of
its principles and election of its candidates on a statewide
basis and opposing the principles and candidates of other
political parties or organizations on a statewide basis.
(2) Not later than the { - 70th - } { + 85th + } day before
the { - general - } { + biennial primary + } election, the
party officers as designated in the organizational documents of
any less than statewide political party or assembly of electors
having nominated candidates may file with the Secretary of State
a typewritten statement of arguments for the success of its
principles and election of its candidates on a county basis and
opposing the principles and candidates of other political parties
or organizations on a county basis.
(3) The size of the statements permitted under this section
shall not exceed 60 square inches for any statewide political
party or assembly of electors having nominated candidates and 30
square inches for any less than statewide political party or
assembly of electors having nominated candidates. The fee for a
statement filed under this section shall be $600 for any
statewide political party or assembly of electors having
nominated candidates and $300 for any less than statewide
political party or assembly of electors having nominated
candidates.
SECTION 28. ORS 251.165 is amended to read:
251.165. (1) The Secretary of State shall prepare:
(a) A list of the names of candidates for nomination or
election at the biennial primary election to the offices of
{ - President or Vice President of the United States, - }
United States Senator, Representative in Congress, any state
office other than justice of the peace and any county or city
office or elected office of a metropolitan service district
required to be included under ORS 251.067, or a list of names of
candidates for election at the general election to the offices of
President or Vice President of the United States, United States
Senator, Representative in Congress, any state office other than
justice of the peace and any county or city office or elected
office of a metropolitan service district required to be included
under ORS 251.067, along with a designation of the offices for
which the candidates are competing;
(b) All portraits and statements filed under ORS 251.065 and
251.115; and
(c) The information specified in ORS 251.185 relating to
measures to be voted upon at the election for which the pamphlet
is prepared.
(2) For a special election described in ORS 251.022, the
Secretary of State shall prepare a list of the names of
candidates for nomination or election to the offices of United
States Senator or Representative in Congress along with all
portraits and statements filed for the special election under ORS
251.065.
(3) The items specified in subsections (1) and (2) of this
section shall be properly compiled, edited, prepared and indexed
for printing by the Secretary of State before delivery to the
printer.
SECTION 29. ORS 251.175 is amended to read:
251.175. (1) Except as provided in subsection (2) of this
section, not later than the 20th day before { - a - }
{ + the + } biennial primary election { - , general
election - } or special election for which a voters' pamphlet
has been prepared, the Secretary of State shall cause the voters'
pamphlet to be mailed to each post-office mailing address in
Oregon, and shall use any additional means of distribution
necessary to make the pamphlet available to electors.
(2) For any special election described in ORS 251.022 that is
not held statewide, or for any other state special election that
is not held statewide, the Secretary of State by rule may
prescribe methods for distributing the voters' pamphlet prepared
for the election. The rule shall require the secretary to mail
the pamphlet to at least each elector whose registration is
determined to be active on the 21st day before the date of the
election and who is eligible to vote in the election. The rule
may specify other methods of distribution. If the special
election is conducted by mail, voters' pamphlets prepared for the
election shall be mailed not later than the date ballots are
mailed to electors as provided in ORS 254.470.
SECTION 30. ORS 251.185 is amended to read:
251.185. (1) The Secretary of State shall have printed in the
voters' pamphlet { - for a general election or any special
election - } a copy of the title and text of each state measure
to be submitted to the people at the election { + or
elections + } for which the pamphlet was prepared. Each measure
shall be printed in the pamphlet with the number, ballot title
and the financial estimates under ORS 250.125, if any, to be
printed on the official ballot, and with the explanatory
statement and arguments relating to it.
(2) A county measure or measure of a metropolitan service
district organized under ORS chapter 268, and ballot title,
explanatory statement and arguments relating to the measure,
filed by the county or metropolitan service district under ORS
251.285 shall be included in the voters' pamphlet described in
subsection (1) of this section if required under ORS 251.067.
SECTION 31. ORS 251.205 is amended to read:
251.205. (1) As used in this section, 'proponents' means:
(a) With respect to any state measure initiated or referred by
petition, the chief petitioners; or
(b) With respect to a measure referred by the Legislative
Assembly, the President of the Senate, who shall appoint a
Senator, and the Speaker of the House of Representatives, who
shall appoint a Representative.
(2) For each state measure to be submitted to the people at a
special election held on the date of a biennial primary election
or any general election, a committee of five citizens shall be
selected to prepare the explanatory statement under ORS 251.215.
(3) Not later than the { - 120th - } { + 85th + } day
before the { + biennial primary + } election, the proponents of
the measure shall appoint two members to the committee and notify
the Secretary of State in writing of the selections. If the
proponents do not appoint two members, the Secretary of State
shall appoint two members of the committee from among supporters,
if any, of the measure not later than the { - 118th - }
{ + 82nd + } day before the election.
(4) Not later than the { - 118th - } { + 82nd + } day
before the election, the Secretary of State shall appoint two
members of the committee from among the opponents, if any, of the
measure.
(5) The four appointed members of the committee shall select
the fifth member and notify the Secretary of State in writing of
the selection. If the four members have not selected the fifth
member by the { - 111th - } { + 75th + } day before the
election, the fifth member shall be appointed by the Secretary of
State not later than the { - 109th - } { + 72nd + } day
before the election.
(6) A vacancy shall be filled not later than two business days
after the vacancy occurs by the person who made the original
appointment. Unless the Secretary of State fills a vacancy, the
person filling the vacancy shall notify the Secretary of State in
writing of the selection.
(7) With respect to a measure referred by the Legislative
Assembly, a Senator or Representative appointed under subsection
(2) of this section may disclose whether the Senator or
Representative supports or opposes the state measure. The
Secretary of State shall print the disclosure in the voters'
pamphlet following the explanatory statement.
(8) The Legislative Administration Committee shall provide any
administrative staff assistance required by the explanatory
statement committee to facilitate the work of the explanatory
statement committee under this section or ORS 251.215.
SECTION 32. ORS 251.215 is amended to read:
251.215. (1) Not later than the { - 99th - } { + 60th + }
day before { - a special election held on the date of a
biennial primary election or any general election at which any
state measure is to be submitted to the people - } { + the
biennial primary election + }, the committee appointed under ORS
251.205 shall prepare and file with the Secretary of State, an
impartial, simple and understandable statement explaining the
measure. The statement shall not exceed 500 words.
(2) Not sooner than the { - 98th - } { + 59th + } nor later
than the { - 95th - } { + 55th + } day before the
{ + biennial primary + } election, the Secretary of State shall
hold a hearing in Salem upon reasonable statewide notice to
receive suggested changes or other information relating to any
explanatory statement. At the hearing any person may submit
suggested changes or other information orally or in writing.
Written suggestions or other information also may be submitted at
any time before the hearing.
(3) The committee for each measure shall consider suggestions
and any other information submitted under subsection (2) of this
section, and may file a revised statement with the Secretary of
State not later than the { - 90th - } { + 50th + } day before
the { + biennial primary + } election.
(4) The original statement and any revised statement must be
approved by at least three members of the committee. If a member
does not concur, the statement shall show only that the member
dissents.
SECTION 33. ORS 251.245 is amended to read:
251.245. (1) For any measure referred to the electors by the
Legislative Assembly, an argument prepared by the Legislative
Assembly in support of the measure may be printed in the voters'
pamphlet. The size and length of an argument under this section
shall be determined as specified in ORS 251.255.
(2) A joint committee consisting of one Senator, to be
appointed by the President of the Senate, and two
Representatives, to be appointed by the Speaker of the House of
Representatives, shall be appointed to prepare the argument. The
committee shall file the argument with the Secretary of State not
later than the 70th day before { - a general election or the
68th day before a special election held on the date of any - }
{ + the + }biennial primary election. There shall be no fee for
including an argument submitted under this section in the voters'
pamphlet.
SECTION 34. ORS 251.255 is amended to read:
251.255. (1) { - Not later than the 70th day before a general
election or the 68th day before a special election held on the
date of any biennial primary election at which a statewide
measure is to be voted upon - } { + For a statewide measure to
be voted upon at the biennial primary election or at the general
election + }, any person may file with the Secretary of State a
printed or typewritten argument supporting or opposing the
measure. { + The argument shall be filed not later than the 70th
day before the biennial primary election. + }
(2) A person filing an argument under this section shall pay a
fee of $500 to the Secretary of State when the argument is filed
or may submit a petition in a form prescribed by the Secretary of
State containing the signatures of 1,000 electors eligible to
vote on the measure. Each person signing the petition shall
subscribe to a statement that the person has read and agrees with
the argument. The signatures on each petition shall be certified
by the county clerk in the manner provided in ORS 249.008. The
petition shall be filed with the Secretary of State.
(3) The Secretary of State by rule shall establish the size and
length of arguments permitted under ORS 251.245 and this section.
The size and length of an argument shall not exceed 30 square
inches or 325 words. The size and length limitations shall be the
same for arguments submitted under ORS 251.245 or this section.
SECTION 35. ORS 251.285 is amended to read:
251.285. (1) If any county measure or any measure of a
metropolitan service district organized under ORS chapter 268,
and the ballot title, explanatory statement and arguments
relating to the measure, are to be included by the Secretary of
State in the state voters' pamphlet as provided in ORS 251.067,
the requirements of this section shall be satisfied.
(2) The county or district measure, ballot title, explanatory
statement and arguments shall not be printed in the voters'
pamphlet unless:
(a) The ballot title is a concise and impartial statement of
the purpose of the measure;
(b) The explanatory statement is an impartial, simple and
understandable statement explaining the measure and its effect;
(c) The county or metropolitan service district adopts and
complies with an ordinance that provides a review procedure for a
ballot title or explanatory statement which is contested because
it does not comply with the requirements of paragraph (a) or (b)
of this subsection;
(d) The county or metropolitan service district adopts and
complies with an ordinance that provides for acceptance of
typewritten arguments relating to the measure to be printed on
29.8 square inches of the voters' pamphlet; and
(e) The county or metropolitan service district does not
require of a person filing an argument a payment of more than
$300, or a petition containing more than a number of signatures
equal to 1,000 electors eligible to vote on the measure or 10
percent of the total of such electors, whichever is less.
(3) Any judicial review of a determination made under the
review procedures adopted under subsection (2)(c) of this section
shall be first and finally in the circuit court of the judicial
district in which the county is located or, for a district
measure, in the circuit court of the judicial district in which
the administrative office of the metropolitan service district is
located.
(4) If the county or metropolitan service district has adopted
and complied with ordinances prescribed in subsection (2) of this
section, the decision to include the county or district measure,
ballot title, explanatory statement and arguments in the voters'
pamphlet shall be made by:
(a) The county governing body with regard to any county measure
or the council of the metropolitan service district with regard
to any district measure;
(b) The chief petitioners of the initiative or referendum with
regard to a county or district measure initiated or referred by
the people. The chief petitioners shall indicate their decision
in a statement signed by all of the chief petitioners and filed
with the county clerk or, for a district measure, with the
executive officer of the metropolitan service district; or
(c) A political committee, as defined in ORS 260.005, that
opposes the county or district measure. The committee shall
indicate its decision in a statement signed by every committee
director, as defined in ORS 260.005, and filed with the county
clerk or, for a district measure, with the executive officer of
the metropolitan service district.
(5) The county or metropolitan service district shall file the
measure, ballot title, explanatory statement and arguments with
the Secretary of State not later than the 70th day before the
{ - general election or the 68th day before a special election
held on the date of any - } biennial primary election. The
county or district shall pay to the Secretary of State the cost
of including the county or district material in the pamphlet as
determined by the secretary. The Secretary of State shall not
have this material printed in the pamphlet unless:
(a) The time for filing a petition for judicial review of a
determination made under subsection (2)(c) of this section has
passed; and
(b) The measure, title, statement and arguments properly filed
with the county or metropolitan service district, are delivered
to the secretary.
SECTION 36. ORS 251.295 is amended to read:
251.295. The Secretary of State, pursuant to ORS 193.310 to
193.360, may supplement the { - special or general election - }
voters' pamphlet by causing to have broadcast by radio or
television, material specified in this section at times the
secretary determines suitable during the four weeks immediately
preceding the election at which state measures are to be
submitted to the people. The material provided by broadcast shall
include only the following:
(1) The ballot title or popular name of each state measure.
(2) The number and form in which the ballot title of the state
measures will be printed on the official ballot.
(3) A summary of the explanatory statements filed relating to
each state measure.
SECTION 37. ORS 253.030 is amended to read:
253.030. (1) Before an election any elector may apply to the
clerk for the absentee ballot of the election.
(2) An application for an absentee ballot must:
(a) Be in writing and signed by the applicant; and
(b) Be received by the clerk not later than 8 p.m. the day of
the election.
(3) If an applicant not affiliated with any political party
desires to vote in any major political party biennial primary
election { + or presidential preference primary election + },
the applicant may request and shall be sent a ballot for a major
political party if that political party has provided under ORS
254.365 for a biennial primary election { + or presidential
preference primary election + } that admits electors not
affiliated with any political party.
(4) Application for an absentee ballot may be made by using a
facsimile machine. As used in this subsection, 'facsimile
machine' means a machine that electronically transmits or
receives facsimiles of documents through connection with a
telephone network.
(5) If an elector desires, the elector's application shall be
valid for every subsequent election until the elector otherwise
notifies the clerk or is no longer an elector of the county.
SECTION 38. ORS 253.045 is amended to read:
253.045. (1) The clerk shall print as many absentee ballots as
may be necessary as soon as possible after receiving the
information concerning candidates and measures to be voted on at
an election, but not later than { + :
(a) The 40th day before a general election; or
(b) + } The 45th day before { - the - } { + any other + }
election.
(2) For an election conducted at polling places as provided in
ORS chapter 254:
(a) The initials of the clerk may be placed on each ballot stub
to identify it as an absentee ballot.
(b) The ballot stubs of each set of ballot forms containing the
same information may be numbered consecutively.
(3) The clerk shall be responsible for the safekeeping and
disposition of the ballots, and shall destroy all unused ballots
as soon as practicable after the election.
SECTION 39. ORS 253.065 is amended to read:
253.065. (1) For electors with mailing addresses outside this
state, the county clerk shall deliver an absentee ballot:
(a) Not later than the { - 45th - } { + 40th + } day before
the election to each long term absent elector; and
(b) Not sooner than the 29th day before the election to each
elector with a mailing address outside this state who is not a
long term absent elector.
(2) For electors with mailing addresses in this state, except
if requested by the elector, absentee ballots delivered by mail
shall be delivered:
(a) For biennial primary elections and general elections, or
any statewide special election for which a voters' pamphlet is
prepared, not sooner than the date the Secretary of State first
mails the voters' pamphlet under ORS 251.175; or
(b) In the case of an election for which a statewide voters'
pamphlet is not required to be prepared, not sooner than the 20th
day before the date of the election.
(3) The ballot may be delivered to the absent elector in the
office of the clerk, by postage prepaid mail or by any other
appropriate means.
(4) The clerk shall deliver with the ballot instructions for
marking and returning the ballot, a return identification
envelope and a secrecy envelope. The name, official title and
address of the clerk shall appear on the front of the envelope.
On the back shall appear a statement to be signed by the absent
elector, stating that the elector:
(a) Is qualified to vote;
(b) Unless prevented by physical disability, has personally
marked the ballot; and
(c) Has not unnecessarily exhibited the marked ballot to any
other person.
(5) Notwithstanding subsections (1) and (2) of this section, if
the county clerk receives an application for an absentee ballot
after the fifth day before an election, the county clerk need not
mail the ballot for that election but may deliver the ballot by
making it available in the office of the clerk.
(6) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector. The
county clerk shall keep a record of each replacement ballot
provided under this subsection.
(7) A replacement ballot may be mailed or shall be made
available in the office of the county clerk.
(8) If the county clerk determines that an elector to whom a
replacement ballot has been issued at the request of the elector
has voted more than once, the county clerk shall not count any
ballot cast by the elector. If the county clerk is required to
reissue ballots due to a change on the ballot for any reason,
that ballot shall be counted in lieu of any previous ballot
issued unless:
(a) Only the original ballot was voted and returned; or
(b) The county clerk issued a supplemental ballot that is not a
complete replacement of the original ballot.
SECTION 40. ORS 253.540 is amended to read:
253.540. (1) Any long term absent elector may secure an
absentee ballot by submitting an application as specified in
subsection (2) of this section to the clerk of the county of the
long term absent elector's residence, or to the Secretary of
State. If the application is addressed to the Secretary of State,
the secretary shall forward it to the appropriate county clerk.
(2) An application for an absentee ballot by a long term absent
elector shall be made in the form of a written request. The
application shall be valid for every subsequent election until
the elector otherwise notifies the clerk or is no longer an
elector of the county. The application shall be signed by the
applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A statement that the applicant is a citizen of the United
States;
(c) A statement that the applicant will be 18 years of age or
older on the date of the election;
(d) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
(e) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
(f) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested absentee ballot; and
(g) If the applicant desires to vote in a biennial primary
election { + or presidential preference primary election + }, a
designation of the applicant's political party affiliation or a
statement that the applicant is not affiliated with any political
party. An applicant not affiliated with any political party may
request a ballot for a major political party. The applicant shall
be sent the ballot for the political party that the applicant
requested if that political party has provided under ORS 254.365
for a biennial primary election { + or presidential preference
primary election + } that admits electors not affiliated with any
political party.
SECTION 41. ORS 253.565 is amended to read:
253.565. (1) Any long term absent elector may secure a special
absentee ballot for a biennial primary election { + ,
presidential preference primary election + } or general election
by making an application under this section if the elector
believes that:
(a) The elector will be residing, stationed or working outside
the territorial limits of the United States and the District of
Columbia; and
(b) The elector will be unable to vote and return a regular
absentee ballot by normal mail delivery within the period
provided for regular absentee ballots.
(2) A long term absent elector shall make the application for a
special absentee ballot in the form of a written request. The
elector shall submit the application before the date of the
applicable election to the clerk of the county of the long term
absent elector's residence or to the Secretary of State. If the
application is addressed to the Secretary of State, the secretary
shall forward it to the appropriate county clerk. The application
shall be signed by the applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A designation of the election for which the applicant
requests a special absentee ballot;
(c) A statement that the applicant is a citizen of the United
States;
(d) A statement that the applicant will be 18 years of age or
older on the date of the election;
(e) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
(f) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
(g) A statement of the facts that qualify the applicant to vote
by means of a special absentee ballot;
(h) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested special absentee ballot; and
(i) If the applicant requests a ballot for a biennial primary
election { + or presidential preference primary election + }, a
designation of the applicant's political party affiliation or a
statement that the applicant is not affiliated with any political
party. An applicant not affiliated with any political party may
request a ballot for a major political party. The applicant shall
be sent the ballot for the political party that the applicant
requested if that political party has provided under ORS 254.365
for a biennial primary election { + or presidential preference
primary election + } that admits electors not affiliated with any
political party.
(3) An application for a special absentee ballot shall be valid
only for the election specified in the application.
(4) The county clerk shall list on the special absentee ballot
the offices and measures scheduled to appear on the regular
ballot, if known when the ballot is prepared, and provide space
in which the elector may write in the elector's preference.
(5) The elector may write in the name of any eligible candidate
for each office to be filled or for which nominations will be
made at the election, and may vote on any measure submitted at
the election.
SECTION 42. ORS 254.016 is amended to read:
254.016. Any biennial primary election, { + presidential
preference primary election, + }general election or special
election held in this state shall be conducted under the
provisions of this chapter, unless specifically provided
otherwise in the statute laws of this state.
SECTION 43. ORS 254.025 is amended to read:
254.025. (1) Statutes applicable to biennial primary elections
{ + and presidential preference primary elections + } shall be
construed as though the primary elections are separate elections
for each major political party nominating candidates.
(2) The biennial primary elections { + and presidential
preference primary elections + } shall be conducted as nearly as
possible according to the theory expressed in the preamble to
chapter 1, Oregon Laws 1905.
SECTION 44. ORS 254.046 is amended to read:
254.046. If a city holds a special election on a date other
than the biennial primary election { + , presidential preference
primary election + } or general election, it shall bear the
expense of the election.
SECTION 45. ORS 254.076 is amended to read:
254.076. The chief elections officer shall keep a register of
candidates for nomination at the biennial primary election
{ + and presidential preference primary election + }. The
register, if applicable, shall contain for each major political
party:
(1) The title of each office for which the major political
party will nominate candidates at the biennial primary election
{ + or presidential preference primary election + }.
(2) The name and mailing address of each candidate for
nomination at the biennial primary election { + or presidential
preference primary election + }.
(3) The name of the major political party with which the
candidate is registered as affiliated.
(4) The date of filing of the prospective petition for
nomination of the candidate.
(5) The date of filing of the completed petition for nomination
of the candidate, the number of valid signatures contained and
the number of signatures required.
(6) The date of filing of the declaration of candidacy of the
candidate.
(7) Such other information as may aid the chief elections
officer in arranging the official ballot or ballot label for the
biennial primary election { + or presidential preference primary
election + }.
SECTION 46. ORS 254.085 is amended to read:
254.085. (1) The Secretary of State, not later than the 61st
day before the date of a biennial primary { - or general - }
election, { + and not later than the 40th day before the date
of a general election, + } shall file with each county clerk a
statement of the state and congressional district offices to be
filled or for which candidates are to be nominated in the county
at the election { - , - } { + and + } information concerning
all candidates for the offices { - , and - } { + .
(2) The Secretary of State, not later than the 61st day before
the date of a biennial primary election, presidential preference
primary election or general election, shall prepare and furnish
to each county clerk a certified statement of + } the state
measures to be voted on.
{ - (2) - } { + (3) + } The information concerning
candidates for the Supreme Court, Court of Appeals, Oregon Tax
Court and circuit court shall include a designation of incumbent
for each candidate who is the regularly elected or appointed
judge of the court to which the candidate seeks election. If a
candidate was regularly elected or appointed to a specific
position or department on the court, the candidate shall be
designated as the incumbent only if the person is a candidate for
that position or department.
{ - (3) - } { + (4) + } Included with each state measure
shall be the measure number, the ballot title prepared by the
Attorney General under ORS 250.067 (2) or, if the Supreme Court
has reviewed the title under ORS 250.085, the title certified by
the court and the financial estimates under ORS 250.125. The
Secretary of State shall keep a copy of the statement.
SECTION 47. ORS 254.095 is amended to read:
254.095. (1) The chief elections officer of any city shall file
with the county clerk of the county in which the city hall of the
city is located, a statement of the city offices to be filled or
for which candidates are to be nominated at the election and
information concerning all candidates for the offices not later
than { + :
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 61st day before the date of { - the - } { + any
other + } election.
(2) Except as provided in subsection (3) of this section, the
chief elections officer of any city shall file with the county
clerk of the county in which the city hall is located, a
statement of the city measures to be voted on, including the
ballot title for each measure, not later than { + :
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 61st day before the date of { - the - } { + any
other + } election.
(3) If a measure to be submitted to the electors of a city at
an election held on the first Tuesday after the first Monday in
November was submitted on the election date in ORS 221.230 (1)
immediately preceding the first Tuesday after the first Monday in
November, the chief elections officer of the city shall file the
statement required for that measure in subsection (2) of this
section { - on - } { + not later than:
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 47th day before { - an - } { + any other + }
election held on the first Tuesday after the first Monday in
November.
(4) The chief elections officer of the city shall keep a copy
of each statement filed under this section.
(5) If a city is located in more than one county, the county
clerk under subsection (1) of this section shall immediately file
the statement and information required under subsection (1) of
this section with the county clerk of any other county in which
the city is located.
SECTION 48. ORS 254.103 is amended to read:
254.103. (1) The governing body of a county shall file with the
county clerk each measure referred by the county governing body
not later than { + :
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 61st day before the date of { - the - } { + any
other + } election.
(2) If a measure to be submitted to the electors of a county at
an election held on the first Tuesday after the first Monday in
November was submitted on the election date in ORS 203.085 (1)
immediately preceding the first Tuesday after the first Monday in
November, the county governing body shall file the measure with
the county clerk not later than { + :
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 47th day before { - an - } { + any other + }
election held on the first Tuesday after the first Monday in
November.
SECTION 49. ORS 254.115 is amended to read:
254.115. (1) The official biennial primary election ballot or
ballot label shall be styled 'Official Biennial Primary
Nominating Ballot for the __ Party.' and shall state:
(a) The name of the county for which it is intended.
(b) The date of the biennial primary election.
(c) The names of all candidates for nomination at the biennial
primary election whose nominating petitions or declarations of
candidacy have been made and filed, and who have not died,
withdrawn or become disqualified.
(d) The names of candidates for election as precinct
committeeperson.
{ - (e) The names of candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078. - }
(2) If the election is conducted at polling places as provided
in this chapter, any ballot to be issued at a polling place shall
also state the number or name of the precinct for which it is
intended.
(3) The biennial primary election ballot may include any city,
county or nonpartisan office or the number, ballot title and
financial estimates under ORS 250.125 of any measure.
(4) The ballot shall not contain the name of any person other
than those referred to in subsections (1) and (3) of this
section. The name of each candidate for whom a nominating
petition or declaration of candidacy has been filed shall be
printed on the ballot in but one place. In the event that two or
more candidates for the same nomination or office have the same
or similar surnames, the location of their places of residence
shall be printed opposite their names to distinguish one from
another.
SECTION 50. { + Section 51 of this 2001 Act is added to and
made a part of ORS chapter 254. + }
SECTION 51. { + (1) The official presidential preference
primary election ballot or ballot label shall be styled 'Official
Ballot' and shall state:
(a) The date of the presidential preference primary election.
(b) The names of all candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078.
(2) The presidential preference primary election ballot may
also include the names of candidates to be nominated or elected
to other offices at the election held on the third Tuesday in May
and the numbers, ballot titles and financial estimates of any
measures.
(3) The name of each candidate shall be printed on the ballot
in but one place. In the event that two or more candidates for
the same nomination or office have the same or similar surnames,
the location of their places of residence shall be printed
opposite their names to distinguish one from another. + }
SECTION 52. ORS 254.195 is amended to read:
254.195. (1) Official ballots and ballot labels shall be
printed in black ink upon good quality material. The biennial
primary election { + or presidential preference primary
election + } ballots or ballot labels shall be of different
colors for the major political parties.
(2) If the election is conducted at polling places, sample
ballots shall be prepared for the information of the elector. The
sample ballot shall contain the offices, candidates, measures and
other information on the ballots or ballot labels of the
precincts for which the sample ballot is issued. The sample
ballot need not contain the office of, or candidates for,
precinct committeeperson. The sample ballots shall be identified
as such, and printed on cheaper, colored paper to distinguish
them from official ballots. A sample ballot shall not be voted or
counted.
(3) The governing body of a city, county or district may mail
sample ballots to all electors within the city, county or
district to assist the electors' preparation for voting.
SECTION 53. ORS 254.205 is amended to read:
254.205. (1) For any election conducted at polling places, the
county clerk shall produce a facsimile, except as to size, of the
ballot in a manner described in this section. For any biennial
primary election { + or presidential preference primary
election + }, a facsimile of the ballot shall include the ballot
of each major political party.
(2) The facsimile shall be:
(a) Published or inserted in one or more newspapers as
described in subsection (3) of this section; or
(b) Distributed to each residential postal mailing address
within the electoral district for which the election is being
held.
(3) If the facsimile is published or inserted in a newspaper:
(a) The facsimile shall be published or inserted not later than
the fourth day nor earlier than the 15th day before the election.
(b) The facsimile shall be published or inserted in at least
one issue of one newspaper in each county with a population of
less than 10,000, or in each county in which no more than one
newspaper is published. The facsimile shall be published or
inserted in at least one issue of two newspapers in each county
with a population of 10,000 or more in which more than one
newspaper is published. The county governing body, at the first
regular meeting each year, shall select the newspaper or
newspapers of general circulation in the county in which the
facsimile shall be published or inserted and shall notify the
county clerk of the selection.
(c) The county governing body may require publication or
insertion of the facsimile in additional newspapers and shall
select the newspapers at the same time as provided in paragraph
(b) of this subsection. The county governing body shall notify
the county clerk of any additional selections.
(d) The facsimile shall not be published in any newspaper
unless the newspaper agrees that no paid political advertisement
shall be placed on the same page as the facsimile or on the page
facing the facsimile. If a newspaper selected under paragraph (b)
or (c) of this subsection does not so agree, the county governing
body shall select another newspaper in the county with as nearly
as possible the same qualifications for the publication of the
facsimile.
(4) A facsimile distributed to each residential post office
mailing address within the electoral district for which the
election is being held shall have postage prepaid and shall be
considered to give notice when mailed. Facsimile ballots mailed
under this subsection shall be mailed not sooner than the 15th
day nor later than the 10th day before the election. Proof of
mailing shall be by affidavit of the county clerk.
(5) A facsimile printed in a county voters' pamphlet prepared
and distributed in accordance with ORS chapter 251 shall be
considered to satisfy the requirements of this section.
(6) As used in this section, 'electoral district' means a
county, city or district.
SECTION 54. ORS 254.365 is amended to read:
254.365. (1) An elector shall not be qualified or permitted to
vote at any biennial primary election { + or presidential
preference primary election + } for any candidate of a major
political party, and it shall be unlawful for the elector to
offer to do so, unless:
(a) The elector is registered as being affiliated with one of
the major political parties nominating or electing its candidates
for public office at the biennial primary election { + or
presidential preference primary election + }; or
(b) The elector is registered as not being affiliated with any
political party and wishes to vote in the biennial primary
election { + or presidential preference primary election + } of
a major political party that has provided under subsection (3) of
this section for a biennial primary election { + or presidential
preference primary election + } that admits electors not
affiliated with any political party.
(2) Except as provided in ORS 254.470 (4), any elector offering
to vote at the biennial primary election { + or presidential
preference primary election + } shall be given a ballot of the
major political party with which the elector is registered as
being affiliated. The elector shall not be given a ballot of any
other political party at that biennial primary election { + or
presidential preference primary election + }. An elector not
affiliated with any political party and offering to vote at the
biennial primary election { + or presidential preference primary
election + } shall be given the ballot of the major political
party in whose biennial primary election { + or presidential
preference primary election + } the elector wishes to vote if
that party has provided under subsection (3) of this section for
a biennial primary election { + or presidential preference
primary election + } that admits electors not affiliated with any
political party. An elector not affiliated with any political
party who is given a ballot of the major political party
associates with the party for the purpose of voting in that
biennial primary election { + or presidential preference primary
election + }.
(3) Not later than the 90th day before the date of the biennial
primary election { + or presidential preference primary
election + }, a major political party may file with the Secretary
of State a certified copy of the current party rule allowing an
elector not affiliated with any political party to vote in the
party's biennial primary election { + or presidential preference
primary election + }. The party shall not repeal the rule as
filed during the 90 days before the biennial primary election
{ + or presidential preference primary election + }. The rule
shall continue to be effective after the date of the biennial
primary election { + or presidential preference primary
election + } until the party gives written notice to the
Secretary of State that the rule has been repealed. A party rule
under this subsection may limit the candidates for whom an
elector who is not affiliated with any political party may vote.
The party rule shall, however, allow any elector who is permitted
to vote for the most numerous branch of the Legislative Assembly
to also vote in federal legislative elections, consistent with
section 2, Article I, and the Seventeenth Amendment to the United
States Constitution.
(4) If the biennial primary election { + or presidential
preference primary election + } ballot includes city, county or
nonpartisan offices or measures, and it is given to an elector
who is not eligible to vote for party candidates, the ballot
shall be marked 'limited. '
SECTION 55. ORS 254.370 is amended to read:
254.370. The county clerk shall maintain:
(1) A monthly registration record of all electors registered as
not being affiliated with any political party;
(2) At each biennial primary election { + or presidential
preference primary election + }, a record of the number of
electors who voted from each major political party;
(3) A record of all electors registered as not being affiliated
with any political party who vote in a biennial primary election
{ + or presidential preference primary election + } of a major
political party that has provided under ORS 254.365 for a
biennial primary election { + or presidential preference primary
election + } that admits electors not affiliated with any
political party; and
(4) A record of all electors registered as not being affiliated
with any political party who vote in the general election.
SECTION 56. ORS 254.465 is amended to read:
254.465. The following rules apply to elections conducted by
mail:
(1) An election held on the date of the biennial primary { +
election, presidential preference primary election + } or general
election shall be conducted by mail.
(2) A state election not described in subsection (1) of this
section may be conducted by mail. The Secretary of State by rule
shall direct that a state election authorized to be conducted by
mail under this subsection be conducted uniformly by mail or at
polling places.
(3) A county clerk may conduct an election not described in
subsections (1) and (2) of this section by mail in the county, in
a city or in a district defined in ORS 255.012, under the
supervision of the Secretary of State. In deciding to conduct an
election by mail, the county clerk may consider requests from the
governing body of the county, city or district and shall consider
whether conducting the election by mail will be economically and
administratively feasible.
(4) The Secretary of State shall adopt rules to provide for
uniformity in the conduct of state elections by mail.
SECTION 57. ORS 254.470 is amended to read:
254.470. (1) An election by mail shall be conducted as provided
in this section. The Secretary of State may adopt rules governing
the procedures for conducting an election by mail.
(2) When conducting an election by mail, the county clerk may
designate the county clerk's office or one central location in
the electoral district in which the election is conducted as the
single place to obtain a replacement ballot under subsection (9)
of this section. The Secretary of State by rule shall establish
requirements and criteria for the designation of places of
deposit for the ballots cast in the election. The places
designated under this section shall be open on the date of the
election for a period, determined by the county clerk, of eight
or more hours, but must be open until at least 8 p.m.
(3)(a) Except as provided in paragraphs (b), (c) and (d) of
this subsection, the county clerk shall mail by nonforwardable
mail an official ballot with a return identification envelope and
a secrecy envelope not sooner than the 18th day before the date
of an election conducted by mail and not later than the 14th day
before the date of the election, to each active elector of the
electoral district as of the 21st day before the date of the
election.
(b) Notwithstanding paragraph (a) of this subsection, if the
county clerk determines that an active elector of the electoral
district as of the 21st day before the date of the election does
not receive daily mail service from the United States Postal
Service, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope to the elector not sooner than the 20th day
before the date of an election conducted by mail and not later
than the 18th day before the date of the election.
(c) Notwithstanding paragraph (a) of this subsection, the
Secretary of State by rule shall specify the date on which all
ballots shall be mailed for any state election conducted by mail
under ORS 254.465 (2).
(d) Notwithstanding paragraph (a) of this subsection, in the
case of ballots to be mailed to addresses outside this state to
electors who are not long-term absent electors, the county clerk
may mail the ballots not sooner than the 29th day before the date
of the election.
(4) For an election held on the date of a biennial primary
election { + or a presidential preference primary election + }:
(a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
(b) An elector not affiliated with any political party shall be
mailed the ballot of a major political party in whose biennial
primary election { + or presidential preference primary
election + } the elector wishes to vote if the elector has
applied for the ballot as provided in this subsection and that
party has provided under ORS 254.365 for a biennial primary
election { + or presidential preference primary election + }
that admits electors not affiliated with any political party.
(c) An elector not affiliated with any political party who
wishes to vote in the biennial primary election { + or
presidential preference primary election + } of a major political
party shall apply to the county clerk in writing. Except for
electors described in subsection (5) of this section, and subject
to ORS 247.203, the application must be received by the clerk not
later than 5 p.m. of the 21st day before the date of the
election.
(d) If the biennial primary election { + or presidential
preference primary election + } ballot includes city, county or
nonpartisan offices or measures, an elector not eligible to vote
for party candidates shall be mailed a ballot limited to those
offices and measures for which the elector is eligible to vote.
(5) For each elector who updates a voter registration after the
deadline in ORS 247.025, the county clerk shall make the official
ballot, the return identification envelope and the secrecy
envelope available by mail at the county clerk's office or at
another place designated by the county clerk. An elector to whom
this subsection applies must request a ballot from the county
clerk. The elector shall mark the ballot, sign the return
identification envelope, comply with the instructions provided
with the ballot and return the ballot in the return
identification envelope to the county clerk.
(6) Notwithstanding subsection (3) or (4) of this section,
replacement ballots need not be mailed after the fifth day before
the date of the election. A replacement ballot may be mailed or
shall be made available in the office of the county clerk.
(7) The ballot or ballot label shall contain the following
warning:
_________________________________________________________________
Any person who, by use of force or other means, unduly
influences an elector to vote in any particular manner or to
refrain from voting, is subject, upon conviction, to imprisonment
or to a fine, or both.
_________________________________________________________________
(8) This subsection applies to an elector to whom subsection
(3) or (4) of this section applies. Upon receipt of the ballot
the elector shall mark it, sign the return identification
envelope supplied with the ballot and comply with the
instructions provided with the ballot. The elector may return the
marked ballot to the county clerk by United States mail or by
depositing the ballot at the office of the county clerk or any
place of deposit designated by the county clerk. The ballot must
be returned in the return identification envelope. If the elector
returns the ballot by mail, the elector must provide the postage.
A ballot must be received at the office of the county clerk or
the designated place of deposit not later than the end of the
period determined under subsection (2) of this section on the
date of the election.
(9) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector. The
county clerk shall keep a record of each replacement ballot
provided under this subsection.
(10) A ballot shall be counted only if:
(a) It is returned in the return identification envelope;
(b) The envelope is signed by the elector to whom the ballot is
issued; and
(c) The signature is verified as provided in subsection (11) of
this section.
(11) The county clerk shall verify the signature of each
elector on the return identification envelope with the signature
on the elector's registration card, according to the procedure
provided by rules adopted by the Secretary of State. If the
county clerk determines that an elector to whom a replacement
ballot has been issued has voted more than once, the county clerk
shall not count any ballot cast by that elector.
(12) At 8 p.m. on election day, electors who are at the clerk's
office or a site designated under subsection (2) of this section
and who are in line waiting to vote or deposit a voted ballot
shall be considered to have begun the act of voting.
SECTION 58. ORS 254.474 is amended to read:
254.474. (1) Notwithstanding ORS 254.465 (1), at each biennial
primary election { + , presidential preference primary
election + } and general election, the county clerk shall
maintain voting booths in the county as follows:
(a) In each county with 35,000 or more electors in the county,
the county clerk shall maintain a number of voting booths equal
to at least one voting booth for every 20,000 electors in the
county; and
(b) In each county with fewer than 35,000 electors in the
county, the county clerk shall maintain at least one voting
booth.
(2) The county clerk may determine the location of the voting
booths required under this section.
SECTION 59. ORS 254.545 is amended to read:
254.545. The county clerk:
(1) As soon as possible after any election, shall prepare
abstracts of votes. The abstract for election of Governor shall
be on a sheet separate from the abstracts for other offices and
measures.
(2) On completion of the abstracts, shall record a complete
summary of votes cast in the county for each office, candidate
for office and measure. The county clerk shall sign and certify
this record. After the biennial primary election { + or
presidential preference primary election + }, the county clerk,
for each office for which the clerk is filing officer, shall
enter in a register of nominations the name and, if applicable,
major political party of each candidate nominated, the office for
which the candidate is nominated, and the date of entry.
(3) Not later than the 20th day after the election, shall
deliver a copy of the abstracts for other than county offices to
the appropriate elections officials. The abstract for election of
Governor shall be delivered separately to the Secretary of State
as provided in section 4, Article V, Oregon Constitution.
(4) Not later than the 30th day after the election, shall
proclaim which county measure is paramount, if two or more
approved county measures contain conflicting provisions.
(5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to county or precinct offices.
(6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks
are entitled. The county governing body shall order the
compensation paid by county funds.
SECTION 60. ORS 254.546 is amended to read:
254.546. (1) In the case of a recall election held on a date
other than the date of the biennial primary election { + ,
presidential preference primary election + } or general election,
the county clerk shall prepare an abstract of the votes and
deliver it to the appropriate officials not later than the 20th
day after the election.
(2) For purposes of section 18, Article II, Oregon
Constitution, the result of the recall election referred to in
subsection (1) of this section shall be considered officially
declared on the date the abstract of the votes is delivered.
SECTION 61. ORS 254.555 is amended to read:
254.555. (1) Not later than the 30th day after any election,
the Secretary of State, regarding offices for which the secretary
receives filings for nomination, shall:
(a) Canvass the votes for the offices, except the office of
Governor after the general election.
(b) Enter in a register of nominations after the biennial
primary election { + or presidential preference primary
election + } the name and, if applicable, major political party
of each candidate nominated, the office for which the candidate
is nominated, and the date of entry.
(c) Prepare and deliver a certificate of nomination or election
to each candidate having the most votes for nomination for or
election to the office. The Secretary of State shall sign the
certificate under the seal of the state.
(d) Issue a proclamation declaring the election of candidates
to the offices.
(2) Not later than the 30th day after the election:
(a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
(b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure. If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
SECTION 62. ORS 254.565 is amended to read:
254.565. The chief city elections officer:
(1) After the biennial { + primary election or presidential
preference + } primary election, shall enter in a register of
nominations:
(a) The name of each candidate for city office nominated at the
biennial { + primary election or presidential preference + }
primary election.
(b) The office for which the candidate is nominated.
(c) If applicable, the name of the major political party
nominating the candidate.
(d) The date of the entry.
(2) After the general election, shall prepare and deliver a
certificate of election to each qualified candidate having the
most votes for election to a city office.
(3) Not later than the 30th day after any election, shall
canvass the vote on each city measure, and if two or more of the
approved measures contain conflicting provisions, proclaim which
is paramount.
SECTION 63. ORS 255.069 is amended to read:
255.069. (1) Not later than the 115th day before a regular
district election, or not later than the 135th day before a
district election held on the date of a biennial primary
election { + , presidential preference primary election + } or
general election, the elections officer shall deliver to each
district elections authority, by certified mail, a form for
updating information on members of district boards. The form
shall include, at a minimum, the district offices to be filled or
for which candidates are to be nominated or elected at the next
district election and information concerning the candidates.
(2) Not later than the 105th day before a regular district
election or not later than the 125th day before a district
election held on the date of a biennial primary election { + ,
presidential preference primary election + } or general election,
the district elections authority shall return to the elections
officer the form for updating information on members of district
boards.
(3) The elections officer shall prepare the notice required by
ORS 255.075 by using the form completed by the district elections
authority and any other information available. If the form is not
returned by the district elections authority by the deadline
specified in subsection (2) of this section, the elections
officer shall prepare the notice for the district using the most
current information available. If the form is returned by the
district elections authority after the deadline, the elections
officer shall prepare a corrected notice. The district shall be
liable for any additional costs incurred in preparing and
publishing a corrected notice.
(4) The elections officer shall retain the completed forms in a
file maintained for that purpose. All forms shall be kept for a
period of at least four years after the district election for
which the form was completed.
(5) If a district is located in more than one county, the
elections officer shall immediately certify the information
contained on the form required under subsection (2) of this
section to the county clerk of any other county in which the
district is located.
(6) The Secretary of State by rule shall establish the forms
and procedures the elections officer and the district elections
authority shall use in maintaining adequate records for
preparation of the form required under subsection (1) of this
section.
SECTION 64. ORS 255.085 is amended to read:
255.085. (1) Not later than the { + 40th day before a district
election on a measure to be held on the date of the general
election or the + } 61st day before a district election on a
measure { + held on any other date + }, the district elections
authority shall deliver to the elections officer a notice stating
the date of the election and a ballot title. The district
elections authority shall prepare the ballot title for a measure
referred by the authority with the assistance of the district
attorney for the county of the elections officer or an attorney
employed by the district elections authority.
(2) If a district submits a measure to the electors of the
district at an election held on the first Tuesday after the first
Monday in November and the district submitted a measure on the
election date in ORS 255.345 (1) immediately preceding the date
of an election held on the first Tuesday after the first Monday
in November, the district elections authority shall file the
measure for the election held on the first Tuesday after the
first Monday in November with the elections officer not later
than { + :
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 47th day before { - an - } { + any other + }
election held on the first Tuesday after the first Monday in
November.
(3) A notice of election called to approve the issuance of
bonds shall include:
(a) The purpose for which the bonds are to be used;
(b) The amount and the term of the bonds;
(c) The kind of bonds proposed to be issued; and
(d) If the bond election is authorized by ORS 450.900, the
additional notice requirements in ORS 450.905.
(4)(a) In the case of a measure submitted by initiative or
referendum petition, the elections officer shall publish the
notice in the next available edition of a newspaper of general
circulation in the district after the deadline for filing the
notice.
(b) In the case of a measure referred by the district elections
authority, the elections officer shall publish the notice of
election in the next available edition of a newspaper of general
circulation in the district after the notice of election is
filed. The notice shall also state that an elector may file a
petition for review of the ballot title not later than the date
referred to in ORS 255.155. If the circuit court certifies a
different ballot title, the elections officer shall publish an
amended notice of election in the next available edition of the
newspaper referred to in this subsection after the new title is
certified to the elections officer.
SECTION 65. ORS 255.235 is amended to read:
255.235. (1) A candidate for election as a member of a district
board shall be nominated by filing with the elections officer
either:
(a) A petition for nomination signed by at least 25 electors,
or 10 percent of the electors, residing in the election district
for the office, whichever number is less; or
(b) A declaration of candidacy accompanied by a filing fee of
$10.
(2) A petition for nomination or a declaration of candidacy
shall be filed with the elections officer not sooner than the
40th day before the deadline specified in paragraph (a) or (b) of
this subsection and:
(a) Not later than the 61st day before the date of the district
election if the election is a regular district election or the
first election at which members of the district board are
elected.
(b) Not later than the 70th day before the date of the district
election if the election is held on the date of a biennial
primary election { + , presidential preference primary
election + } or general election.
(3) A nominating petition or declaration of candidacy shall
contain the information specified in ORS 249.031.
(4) In a district in which a position or zone number is
assigned to each office on the district board or local school
committee, each petition for nomination or declaration of
candidacy for election to the district board or local school
committee shall state the position or zone number of the office
to which the candidate seeks election.
(5) The provisions of ORS 249.009 (1)(b) and 249.061 shall not
apply to nominating petitions filed under this section.
(6) A nominee for election to the district board may withdraw
the nomination not later than 5 p.m. of the last day specified
for filing a petition or declaration under this section by filing
with the elections officer a written withdrawal of candidacy. The
withdrawal shall be signed by the nominee and state the reasons
for withdrawal.
SECTION 66. ORS 255.345 is amended to read:
255.345. (1) Except as provided in subsection (2) of this
section, a special election called by a district elections
authority shall not be held on any date other than:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, the second Tuesday in September + }; or
(d) The first Tuesday after the first Monday in November.
(2) A special election may be held on a date other than that
provided in subsection (1) of this section, if the district
elections authority by resolution finds that an election sooner
than the next available election date is required on a measure to
finance repairs to property damaged by fire, vandalism or a
natural disaster.
(3) As used in this section, 'district elections authority '
means the body or officer authorized or required to call an
election for a public corporation formed under, and deriving its
powers solely from, the statutes of this state, but does not
include a city or county.
SECTION 67. ORS 258.006 is amended to read:
258.006. As used in this chapter:
(1) 'Candidate' means a candidate for nomination or election to
any elective office.
(2) 'Contestant' means any person who files a petition of
contest under ORS 258.036 { + or section 70 of this 2001
Act + }.
(3) 'County clerk' means the county clerk or the county
official in charge of elections.
(4) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(5) '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.
SECTION 68. ORS 258.036 is amended to read:
258.036. (1) { + Except as provided in section 70 of this 2001
Act, + } not later than the 40th day after the election or the
completion of a recount of votes cast in connection with the
nomination, office or measure, any person authorized to contest a
result of the election may file a petition of contest. The
petition shall be filed with the circuit court clerk for the
county in which the certificate of nomination, certificate of
election or proclamation is or will be issued. The petition shall
specify the cause of the contest and be verified in the manner
required for the verification of complaints in civil cases.
(2) The proceedings shall be in the nature of a proceeding in
rem, and the practice and procedure therein shall follow the
practice and procedure of an action not triable by right to a
jury, so far as consistent with the determination sought to be
obtained.
SECTION 69. { + Section 70 of this 2001 Act is added to and
made a part of ORS chapter 258. + }
SECTION 70. { + (1) This section governs the procedure for
contesting the results of a biennial primary election or a
nominating or special election held on the date of a biennial
primary election. Not later than the sixth day after the
election, any person authorized to contest any result of the
election may file a petition of contest. The petition shall be
filed as follows:
(a) For a state office, United States Senator or Representative
in Congress, or for a state measure, the petition shall be filed
with the clerk of the Circuit Court for Marion County or the
clerk of the Supreme Court.
(b) For any other office or measure, the petition shall be
filed with the clerk of the circuit court of the county in which
the contestee resides or in which the certificate of nomination,
certificate of election or proclamation is or will be issued.
(2) A petition filed under this section shall specify the cause
of the contest, name the contestees and be verified by the
contestant in the manner required for the verification of
complaints in civil cases.
(3) When a petition of contest is filed under subsection (1) of
this section, the clerk of the court shall cause notice to be
served on all contestees named in the petition, notifying them
that they may respond by petition not sooner than the third nor
later than the sixth day after the date the petition of contest
was filed. Service shall be made in the same manner as a summons
issued out of the circuit court.
(4) The court in which the petition of contest is filed shall
hear and determine the proceeding expeditiously on the basis of
the petitions. The court shall render the judgment affirming or
setting aside the nomination or the approval or rejection of the
measure as provided in ORS 258.065 and 258.075. The decision of
the court shall be the first and final decision on the
matter. + }
SECTION 71. ORS 258.055 is amended to read:
258.055. (1) When a petition of contest is filed { + under ORS
258.036 + } with the clerk of the circuit court, the clerk shall
publish a notice stating that the petition has been filed. The
notice shall be published at least once in the next available
issue of a newspaper of general circulation published in the
county where the proceeding is pending. Jurisdiction over the
election contest shall be complete within 10 days after the
notice is published as provided in this section. Any person
interested may at any time before the expiration of the 10 days
appear and contest the validity of the proceeding, or of any of
the acts or things enumerated in the proceeding.
(2) Not later than two business days after a petition of
contest is filed with the clerk of the circuit court, the
contestant shall file a copy of the petition with the candidate
who is the subject of the petition if the petition involves the
nomination or election of the candidate to any elective office
and with:
(a) The Secretary of State if the petition involves a candidate
for state office or a state measure; or
(b) The county clerk if the petition involves a candidate for
county, city or district office or a county, city or district
measure. As used in this paragraph, 'county clerk' includes the
county clerk of the county in which the administrative office of
a city or district is located regarding a measure or a candidate
for an office to be voted on in a city or district located in
more than one county.
(3) The circuit court shall fix a time, not later than the 20th
day after the return date in the notice, for the hearing by the
circuit court of the contest proceeding, and not later than the
fifth day before the hearing shall give written notice of the
hearing to each party to the proceeding. The contest proceeding
shall take precedence over all other business on the circuit
court docket.
(4) The circuit court shall hear and determine the proceeding
without a jury, and the practice and procedure otherwise
applicable to civil cases shall govern the proceeding.
SECTION 72. ORS 258.065 is amended to read:
258.065. (1) After the contest hearing, the { - circuit - }
court shall render a judgment affirming or setting aside the
nomination or election of the person for or to the office.
(2) If the judgment sets aside the nomination of a person, it
also shall declare that the nomination is vacant.
(3) Except as provided in subsection (4) of this section, if
the judgment sets aside the election of a person, the incumbent
shall remain in office until a successor is elected.
(4) If the judgment sets aside the election of a person to an
office sought by an incumbent who was defeated, the office shall
be declared vacant.
(5) If the judgment under ORS 258.026 (2) sets aside the
nomination or election of a person to a city office or as a
member of the board of a district defined in ORS 255.012, the
names of the candidates for the office shall be resubmitted to
the electors at a special election held on the next available
election date. The county of the county clerk or the local
elections official who committed the error in the distribution of
the official ballots shall bear the cost of the election.
SECTION 73. ORS 258.075 is amended to read:
258.075. (1) Except as provided in subsection (4) of this
section, after the contest hearing, the { - circuit - } court
shall render a judgment affirming or setting aside the approval
or rejection of the measure.
(2) If the judgment sets aside the approval or rejection of a
measure, the circuit court shall direct the measure to be
resubmitted at a special election held on one of the dates
specified in this subsection, as set by the court. In setting the
election date, the court shall provide sufficient time for
adequate notice to be given. The special election may be held on
any of the following dates:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, the second Tuesday in September + }; or
(d) The first Tuesday after the first Monday in November.
(3) The county of the county clerk or the local elections
official who committed the error in the distribution of the
official ballots shall bear the cost of the special election.
(4) In a contest under ORS 258.016 (7), the court shall
determine whether the challenge to the determination of the
number of electors who were eligible on election day to
participate in the election on a measure conducted under section
11 (8), Article XI of the Oregon Constitution, is valid. In
making the determination, the court shall rely on the provisions
of ORS chapter 247 and shall receive testimony from the county
clerk regarding the clerk's administration of ORS chapter 247.
If, after a contest hearing, the court determines that the
challenge to the determination of the number of electors who were
eligible to participate is valid and that the change in the
number of electors eligible to participate is sufficient to
change the outcome of the election on the measure, the court
shall order the county clerk to make a new determination of the
number of eligible electors and to certify the results of the
election based on the new determination.
SECTION 74. ORS 258.085 is amended to read:
258.085. Any party to the contest proceeding { + under ORS
258.055 + } may appeal from the judgment rendered by the circuit
court to the Court of Appeals in the same manner as appeals in
civil cases are taken. The appeal shall take precedence over all
other business on the docket.
SECTION 75. ORS 258.161 is amended to read:
258.161. (1) A candidate or an officer of a political party on
behalf of a candidate of the political party may file a demand
requiring the Secretary of State to direct that a recount be made
{ - in specified precincts in which votes were - } { + of the
votes + } cast for the nomination or office for which the
candidate received a vote.
(2) An elector may file a demand requiring the Secretary of
State to direct that a recount be made { - in specified
precincts in which votes were - } { + of the votes + } cast on
any measure which appeared on the ballot.
(3) A county clerk may file a demand requiring the Secretary of
State to direct that a recount be made in specified precincts in
which votes were cast for the nomination or office for which a
candidate received a vote or on any measure that appeared on the
ballot. The cash deposit requirement of subsection { - (5) - }
{ + (7) + } of this section shall not apply to a demand made
under this subsection. The cost of a recount conducted under this
subsection shall be paid by the county of the county clerk making
the demand.
(4) { + This subsection applies to any election other than a
biennial primary election or a nominating election held on the
date of the biennial primary election. + } The person making a
demand for a recount, in the first demand, may specify by number
5, 10 or 100 percent of the precincts in which votes were cast
for the nomination or office or on the measure to be recounted.
If in the first demand the person requested a recount of the vote
in five percent of the precincts, the person may file a
supplemental demand and specify by number another five percent of
the precincts or all the remainder of the precincts. The person
making the supplemental demand for a recount of another five
percent of the precincts may file a second supplemental demand
only to request a recount of the vote in all remaining precincts.
If in the first demand the person requested a recount of the vote
in 10 percent of the precincts, the person may file a
supplemental demand and specify by number all the remainder of
the precincts.
{ + (5) The first demand under subsection (4) of this section
shall be filed in the office of the Secretary of State not later
than the 35th day, a first supplemental demand not later than the
45th day and a second supplemental demand not later than the 50th
day after the date of the election in which votes were cast for
the nomination, office or measure.
(6) This subsection applies to a biennial primary election or a
nominating election held on the date of the biennial primary
election. The person making a demand for a recount shall file the
demand in the office of the Secretary of State not later than the
sixth day after the date of the election. Under this subsection,
there shall be made a recount of 100 percent of the precincts in
which votes were cast for the nomination or on the measure to be
recounted. + }
{ - (5) - } { + (7) + } Except as provided in subsections
(3) and { - (6) - } { + (8) + } of this section, each demand
shall be accompanied by a cash deposit of $15 for each precinct
to be recounted up to a maximum of $8,000 for a recount of all
precincts in the state on a measure or for a nomination or
office. The Secretary of State may retain the deposit for not
more than 60 days after the election for which the recount was
demanded, without depositing it in the General Fund.
{ - (6) - } { + (8) + } Upon application from a county
clerk, the Secretary of State may waive the cash deposit
requirement of subsection
{ - (5) - } { + (7) + } of this section if, after the first
demand or first supplemental demand for a recount, it appears
that due to nondeliberate and material error by a local elections
official, as defined in ORS 246.012, or a county clerk, the
outcome of an election on a candidate or measure will be changed.
The cost of a recount conducted under this subsection shall be
paid by the county of the county clerk or the county of the local
elections official who committed the error.
{ - (7) - } { + (9) + } Each demand shall be in the form
and shall contain the information prescribed by the Secretary of
State, including the names and addresses of all persons and
organizations providing any part of the cash deposit and the
amount provided by each.
{ - (8) The first demand shall be filed in the office of the
Secretary of State not later than the 35th day, a first
supplemental demand not later than the 45th day, and a second
supplemental demand not later than the 50th day, after the date
of the election in which votes were cast for the nomination,
office or measure. - }
SECTION 76. ORS 258.190 is amended to read:
258.190. (1) After a recount demand is filed, the Secretary of
State shall direct the official who conducted the election or the
clerk of any county containing precincts in which ballots were
cast on the measure or for the nomination or office specified in
the demand for a recount to conduct a recount in the precincts
specified in the demand.
(2) If the demand for a recount of votes cast for a nomination
or office is filed, the Secretary of State, not later than the
third day after the filing of the first demand { + under ORS
258.161 (4) or the filing of the demand under ORS 258.161
(6) + }, shall notify the affected candidates by certified or
registered mail that a recount is to be made in the precincts
specified in the demand.
(3) The official who is to conduct the recount, within a
reasonable time before the recount, shall notify the affected
candidates or the individual filing the demand for recount for a
measure of the date, time and place of the recount.
SECTION 77. ORS 260.058 is amended to read:
260.058. (1) Except as otherwise provided in ORS 260.112 and
subsection (3) of this section, each candidate seeking nomination
or election at the biennial primary election { + , presidential
preference primary election + } or at any election other than the
general election, or a candidate's principal campaign committee
at the biennial primary election { + , presidential preference
primary election + } or at any election other than the general
election, shall file the following with the filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
39th day and not later than the 29th day before the date of the
election. The accounting period for the statement required by
this paragraph begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 or 260.037
unless a candidate or a candidate's principal campaign committee
has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing an
unexpended balance of contributions or an expenditure deficit. If
such a post-election or supplemental statement is filed, the
accounting period begins on the day following the last day of the
accounting period for the statement filed for the previous
election. If a candidate or a candidate's principal campaign
committee has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing no
balance or no deficit, the accounting period begins on the day
that the candidate or the candidate's principal campaign
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by
this paragraph ends on the 40th day before the date of the
election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
eighth day and not later than the fifth day before the date of
the election. The accounting period for this statement begins on
the 39th day before the date of the election and ends on the
ninth day before the date of the election.
(c) A supplement to the second preelection statement on the day
before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the candidate
or committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A candidate or treasurer of the
candidate's principal campaign committee who filed a certificate
under ORS 260.112 shall file a supplement under this paragraph if
the aggregate contributions exceed $2,000 because of
contributions received after the ninth day and before the day
preceding the day of the election.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the eighth day before the date of the
election and ends on the 20th day after the date of the election.
(2) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(3) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. The statements required by
federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. At any
time the Secretary of State by rule may make a determination that
the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
(4) Each statement and the supplement required by this section
shall be signed and certified as true by the candidate or
treasurer required to file it.
SECTION 78. ORS 260.063 is amended to read:
260.063. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the biennial primary election { + , presidential
preference primary election + } or any election other than the
general election shall file the following with each appropriate
filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 39th day and not later than the 29th day before
the date of the election. The accounting period for the statement
required by this paragraph begins on the date that the name of a
treasurer is certified to the filing officer under ORS 260.035
unless a political committee has filed a post-election or
supplemental statement of contributions and expenditures showing
an unexpended balance of contributions or an expenditure deficit
for a previous election. If such a post-election or supplemental
statement is filed, the accounting period begins on the day
following the last day of the accounting period for the statement
filed for the previous election. If a political committee has
filed a post-election or supplemental statement of contributions
and expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that the
political committee next receives a contribution or makes an
expenditure. If the statement for a previous election shows an
unexpended balance of contributions or an expenditure deficit,
the beginning balance on the statement required by this paragraph
shall be the amount of the unexpended balance of contributions or
expenditure deficit. The accounting period for the statement
required by this paragraph ends on the 40th day before the date
of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the eighth day and not later than the fifth day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 39th day
before the date of the election and ends on the ninth day before
the date of the election.
(c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the political
committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A treasurer of a political
committee who filed a certificate under ORS 260.112 shall file a
supplement under this paragraph if the aggregate contributions
exceed $2,000 because of contributions received after the ninth
day and before the day preceding the day of the election.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for the statement
required by this paragraph begins on the eighth day before the
date of the election and ends on the 20th day after the date of
the election.
(2) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(3) A political committee shall prepare one original copy of
each statement required by subsection (1) of this section and
file a duplicate copy of the statement with the filing officer of
each candidate or measure supported or opposed by the political
committee. The statement and each duplicate copy shall be signed
and certified as true by the treasurer required to file it.
(4) A political committee shall file the supplemental statement
described in subsection (2) of this section with the filing
officer with whom the political committee's statement of
organization is filed and need not file any supplemental
statement with any other filing officer. The supplemental
statement shall be signed and certified as true by the treasurer
required to file it.
SECTION 79. ORS 260.068 is amended to read:
260.068. (1) Except as otherwise provided in ORS 260.112 and
subsection (4) of this section, each candidate seeking election
at the general election or a candidate's principal campaign
committee at the general election shall file the following with
each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
39th day and not later than the 29th day before the date of the
election. For a candidate nominated at the biennial primary
election or for that candidate's principal campaign committee,
the accounting period for the statement required by this
paragraph begins on the 21st day after the biennial primary
election. For a candidate not nominated at the biennial primary
election or for that candidate's principal campaign committee,
the accounting period for the statement required by this
paragraph begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 or 260.037
unless a candidate or a candidate's principal campaign committee
has filed a post-election or supplemental statement of
contributions and expenditures showing an unexpended balance of
contributions or an expenditure deficit for a previous election
other than the preceding biennial primary election. If such a
post-election or supplemental statement is filed, the accounting
period begins on the day following the last day of the accounting
period for the statement filed for that previous election. If a
candidate or a candidate's principal campaign committee has filed
a post-election or supplemental statement of contributions and
expenditures for a previous election other than the preceding
biennial primary election showing no balance or no deficit, the
accounting period begins on the day that the candidate or the
candidate's principal campaign committee next receives a
contribution or makes an expenditure. If the statement for a
previous election shows an unexpended balance of contributions or
an expenditure deficit, the beginning balance on the statement
required by this paragraph shall be the amount of the unexpended
balance of contributions or expenditure deficit. { + For a
candidate nominated at the biennial primary election or for that
candidate's principal campaign committee, the accounting period
for the statement required by this paragraph ends on the ninth
day before the day of the election. For a candidate not nominated
at the biennial primary election or for that candidate's
principal campaign committee, + } the accounting period for the
statement required by this paragraph ends on the 40th day before
the date of the election.
(b) { + Except for a candidate nominated at the biennial
primary election or for that candidate's principal campaign
committee, + } a second preelection statement of contributions
received and expenditures made by or on behalf of the candidate
or the candidate's principal campaign committee, not sooner than
the eighth day and not later than the fifth day before the date
of the election. The accounting period for the statement required
by this paragraph begins on the 39th day before the date of the
election and ends on the ninth day before the date of the
election.
(c) A supplement to the { + first or + } second preelection
statement, on the day before the election, showing contributions,
including loans, whether repaid or not, received by or on behalf
of the candidate or committee after the ninth day and before the
day preceding the day of the election. A supplement shall be
filed if contributions received from a political committee or
other person during the period described in this paragraph exceed
$500. The supplement must be written but may be transmitted to
the filing officer by any expeditious means available. A
candidate or treasurer of the candidate's principal campaign
committee who filed a certificate under ORS 260.112 shall file a
supplement under this paragraph if the aggregate contributions
exceed $2,000 because of contributions received after the ninth
day and before the day preceding the day of the election.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the eighth day before the date of the
election and ends on the 20th day after the date of the election.
(2) A candidate for the office of Governor, Secretary of State,
State Treasurer, Attorney General, Commissioner of the Bureau of
Labor and Industries, State Senator or State Representative, or a
candidate's principal campaign committee shall file a supplement
to the post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee not sooner than the
first business day in January and not later than the Friday
before the second Monday in January. The supplement shall be
filed if the aggregate contributions received from any political
committee or other person exceed $500 during the period beginning
after the 20th day after the date of the election and ending on
December 31 and shall disclose only those contributions received
from any political committee or other person that exceed an
aggregate of $500 during the period beginning after the 20th day
after the date of the election and ending on December 31. The
supplement shall be written but may be transmitted to the filing
officer by any means available. A candidate described in this
subsection or the treasurer of the candidate's principal campaign
committee who filed a certificate under ORS 260.112 shall file a
supplement under this subsection if the aggregate contributions
exceed $2,000 because of contributions received after the 20th
day following the election and prior to January 1 of the
following year.
(3) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement containing no balance or no
deficit is filed. The accounting period for the statement
required by this subsection begins on the day following the last
day of the accounting period for the previous statement filed and
ends on September 1.
(4) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. The statements required by
federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. At any
time the Secretary of State by rule may make a determination that
the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
(5) Each statement and the supplement required by this section
shall be signed and certified as true by the candidate or
treasurer required to file it.
SECTION 80. ORS 260.073 is amended to read:
260.073. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the general election shall file the following with
each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 39th day and not later than the 29th day before
the date of the election. For a political committee that
supported or opposed one or more candidates or measures at the
{ + presidential preference primary election or + } biennial
primary election, the accounting period for the statement
required by this paragraph begins on the 21st day after the { +
presidential preference primary election or + } biennial primary
election { + at which the committee supported or opposed one or
more candidates or measures. If the political committee
supported or opposed one or more candidates or measures at both
primary elections, the accounting period for the statement begins
on the 21st day after the date of the biennial primary
election + }. Otherwise, the accounting period for the statement
begins on the date that the name of a treasurer is certified to
the filing officer under ORS 260.035 unless a political committee
has filed a post-election or supplemental statement of
contributions and expenditures showing an unexpended balance of
contributions or an expenditure deficit for a previous election.
If such a post-election or supplemental statement is filed, the
accounting period begins on the day following the last day of the
accounting period for the statement filed for the previous
election. If a political committee has filed a post-election or
supplemental statement of contributions and expenditures for a
previous election showing no balance or no deficit, the
accounting period begins on the day that political committee next
receives a contribution or makes an expenditure. If the statement
for a previous election shows an unexpended balance of
contributions or an expenditure deficit, the beginning balance on
the statement required by this paragraph shall be the amount of
the unexpended balance of contributions or expenditure deficit.
{ + If the political committee supported or opposed one or more
candidates or measures at either the presidential preference
primary election or the biennial primary election, the accounting
period for the statement required by this paragraph ends on the
ninth day before the day of the election. Otherwise, + } the
accounting period for the statement required by this paragraph
ends on the 40th day before the date of the election.
(b) { + Except for a political committee that supported or
opposed one or more candidates or measures at the presidential
preference primary election or biennial primary election, + } a
second preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the eighth day and not later than the fifth day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 39th day
before the date of the election and ends on the ninth day before
the date of the election.
(c) A supplement to the { + first or + } second preelection
statement, on the day before the election, showing contributions,
including loans, whether repaid or not, received by or on behalf
of the political committee after the ninth day and before the day
preceding the day of the election. A supplement shall be filed if
contributions received from a political committee or other person
during the period described in this paragraph exceed $500. The
supplement must be written but may be transmitted to the filing
officer by any expeditious means available. A treasurer of a
political committee who filed a certificate under ORS 260.112
shall file a supplement under this paragraph if the aggregate
contributions exceed $2,000 because of contributions received
after the ninth day and before the day preceding the day of the
election.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for a statement
required by this paragraph begins on the eighth day before the
date of the election and ends on the 20th day after the date of
the election.
(2) A political committee affiliated with a political party, a
caucus of either house of the Legislative Assembly, a legislative
official or a statewide official as defined in ORS 244.020, the
Governor, Governor-elect or candidate for Governor shall file a
supplement to the post-election statement of contributions
received and expenditures made by or on behalf of the political
committee not sooner than the first business day in January and
not later than the Friday before the second Monday in January.
The supplement shall be filed if the aggregate contributions
received from any political committee or other person exceed $500
during the period beginning after the 20th day after the date of
the election and ending on December 31 and shall disclose only
those contributions received from any political committee or
other person that exceed an aggregate of $500 during the period
beginning after the 20th day after the date of the election and
ending on December 31. The supplement shall be written but may be
transmitted to the filing officer by any means available. A
treasurer of a political committee described in this subsection
who filed a certificate under ORS 260.112 shall file a supplement
under this subsection if the aggregate contributions exceed
$2,000 because of contributions received after the 20th day
following the election and prior to January 1 of the following
year.
(3) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for a statement required under
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(4) A political committee shall prepare one original copy of
each statement required by subsection (1) of this section and
file a duplicate copy of the statement with the filing officer of
each candidate or measure supported or opposed by the political
committee. The statement and each duplicate copy shall be signed
and certified as true by the treasurer required to file it.
(5) A political committee shall file the supplemental statement
described in subsection (3) of this section with the filing
officer with whom the political committee's statement of
organization is filed and need not file any supplemental
statement with any other filing officer. The supplemental
statement shall be signed and certified as true by the treasurer
required to file it.
SECTION 81. ORS 260.215 is amended to read:
260.215. (1) Not later than the third month after the date of a
biennial primary election { + , presidential preference primary
election + } or general election, each filing officer shall
examine each statement relating to the election filed with the
officer under ORS 260.044 (1), 260.058, 260.063, 260.068,
260.073, 260.083, 260.102 or 260.112 to determine whether the
statement is sufficient. The filing officer may require any
person to answer in writing and upon oath or affirmation before a
judge, justice of the peace, county clerk or notary public any
question within the knowledge of that person concerning the
source of any contribution. The inquiry shall advise the person
concerned of the penalty for failure to answer.
(2) Subsection (1) of this section applies in regard to a
statement filed under ORS 260.118, except that the filing officer
shall examine such a statement not later than the third month
after the date the statement is filed.
SECTION 82. ORS 260.241 is amended to read:
260.241. (1) Despite delay in the filing of statements relating
to a candidate's nomination required to be filed under ORS
260.058 or in the filing of a certificate in lieu of the
statement required by ORS 260.058, the candidate's name shall
appear on the general election ballot if those statements are
filed before the { - 61st - } { + 40th + } day before the
general election.
(2) A candidate's name shall not be placed on the general
election ballot if the statements referred to in subsection (1)
of this section are not filed before the { - 61st - }
{ + 40th + } day before the general election.
(3) If the statements referred to in subsection (1) of this
section are not filed by the { - 68th - } { + 45th + } day
before the general election, the filing officer by mail shall
notify the person required to file the statements that the
candidate's name may not be placed on the general election
ballot. The filing officer shall send the notice described in
this subsection by certified mail to the individual who is the
candidate and by first class mail to the candidate's treasurer or
the treasurer of the candidate's principal campaign committee.
The filing officer is not required to send two notices if the
candidate serves as the treasurer of the candidate's principal
campaign committee.
SECTION 83. ORS 260.532 is amended to read:
260.532. (1) No person shall cause to be written, printed,
published, posted, communicated or circulated, any letter,
circular, bill, placard, poster, photograph or other publication,
or cause any advertisement to be placed in a publication, or
singly or with others pay for any advertisement, with knowledge
or with reckless disregard that the letter, circular, bill,
placard, poster, photograph, publication or advertisement
contains a false statement of material fact relating to any
candidate, political committee or measure.
(2) As used in subsection (1) of this section, 'cause' does not
include the broadcast of an advertisement by a radio or
television station or cable television company unless the
advertisement is for:
(a) The candidacy of the owner, licensee or operator of the
station or company; or
(b) A ballot measure of which a chief petitioner is the owner,
licensee or operator of the station or company.
(3) A candidate who knows of and consents to a publication or
advertisement prohibited by this section with knowledge or with
reckless disregard that it contains a false statement of material
fact, violates this section regardless of whether the candidate
has participated directly in the publication or advertisement.
(4) There is a rebuttable presumption that a candidate knows of
and consents to any publication or advertisement prohibited by
this section caused by a political committee over which the
candidate exercises any direction and control.
(5) Any candidate or political committee aggrieved by a
violation of this section shall have a right of action against
the person alleged to have committed the violation. The aggrieved
party may file the action in the circuit court for any county in
this state in which a defendant resides or can be found or, if
the defendant is a nonresident of this state, in the circuit
court for any county in which the publication occurred. To
prevail in such an action, the plaintiff must show by clear and
convincing evidence that the defendant violated subsection (1) of
this section.
(6) A plaintiff who prevails in an action provided by
subsection (5) of this section may recover economic and
noneconomic damages, as defined in ORS 18.560, or $2,500,
whichever is greater. The court may award such additional
equitable relief as it considers necessary or proper. The
equitable relief may include, but is not limited to, a
requirement that a retraction of the false statement be
disseminated in the manner directed by the court. Proof of
entitlement to economic and noneconomic damages must be by a
preponderance of evidence. The court shall award the prevailing
party reasonable attorney fees at trial and on appeal.
(7) A political committee has standing to bring an action
provided by subsection (5) of this section as plaintiff in its
own name, if its purpose as evidenced by its preelection
activities, solicitations and publications has been injured by
the violation and if it has fully complied with the provisions of
this chapter. In an action brought by a political committee as
provided by subsection (5) of this section, the plaintiff may
recover economic and noneconomic damages for all injury to the
purpose of the committee as provided in subsection (6) of this
section.
(8) If a judgment is rendered in an action under this section
against a defendant who has been nominated to public office or
elected to a public office other than state Senator or state
Representative, and it is established by clear and convincing
evidence that the false statement was deliberately made or caused
to be made by the defendant, the finder of fact shall determine
whether the false statement reversed the outcome of the election.
If the finder of fact finds by clear and convincing evidence that
the false statement reversed the outcome of the election, the
defendant shall be deprived of the nomination or election and the
nomination or office shall be declared vacant.
(9) An action under this section must be filed not later than
the { + sixth day after the biennial primary election or
nominating election relating to which a publication or
advertisement in violation of this section was made and not later
than the + } 30th day after { - the - } { + any other + }
election relating to which a publication or advertisement in
violation of this section was made. Proceedings on a complaint
filed under this section shall have precedence over all other
business on the docket. The courts shall proceed in a manner
which will ensure that:
(a) Final judgment on a complaint { - which - }
{ + that + } relates to a biennial primary election { + ,
presidential preference primary election + } or nominating
election is rendered before the 30th day before the general
election; and
(b) Final judgment on a complaint which relates to an election
to an office is rendered before the term of that office begins.
(10) The remedy provided by this section is the exclusive
remedy for a violation of this section.
SECTION 84. ORS 171.185 is amended to read:
171.185. (1) Except as provided in subsection (2) of this
section, an election called by the Legislative Assembly shall be
held only on:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, the second Tuesday in September + }; or
(d) The first Tuesday after the first Monday in November.
(2) An election may be held on a date other than that provided
in subsection (1) of this section, if the Legislative Assembly by
resolution or Act finds that an election sooner than the next
available election date is required on a measure to finance
repairs to property damaged by fire, vandalism or a natural
disaster.
SECTION 85. ORS 180.020 is amended to read:
180.020. The Attorney General shall be elected by the electors
of this state at the { - regular - } general election in the
same manner as other state officers are elected. The term of the
Attorney General shall commence on the first Monday in January of
the year succeeding election. The Attorney General shall hold
office for the term of four years, and until a successor is
elected and qualified.
SECTION 86. ORS 198.747 is amended to read:
198.747. (1) Notwithstanding any provision of ORS 198.705 to
198.955 that provides a different effective date, an annexation,
withdrawal, consolidation or merger shall not become effective
during the period:
(a) Beginning after the 90th day before a biennial primary
election { + , presidential preference primary election + } or
general election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by any district or other
municipal corporation involved in the annexation, withdrawal,
consolidation or merger and ending on the day after the election.
(2) If the effective date established for an annexation,
withdrawal, consolidation or merger is a date that is prohibited
under this section, the annexation, withdrawal, consolidation or
merger shall become effective on the day after the election.
(3) For the purposes of ORS 308.225 only, the effective date of
an annexation shall be the date of the order declaring the
annexation under ORS 198.855.
SECTION 87. ORS 198.765 is amended to read:
198.765. (1) A petition shall not be accepted for filing unless
the signatures thereon have been secured within six months of the
date on which the first signature on the petition was affixed. A
petition for formation of a district shall not be accepted for
filing if it is not accompanied by the economic feasibility
statement required under ORS 198.749. When a petition for
formation of a district includes a proposed permanent rate limit
for operating taxes, the petition shall be filed not later than
180 days before the date of the next biennial primary election
{ - or general election at which the petition for formation will
be voted upon - } { + , if the petition for formation will be
voted upon at the biennial primary election or general
election + }. Petitions required to be filed with the county
board shall be filed with the county clerk of the principal
county. Petitions required to be filed with the district board
shall be filed with the secretary of the district board. It is
not necessary to offer all counterparts of a petition for filing
at the same time, but all counterparts when certified as provided
by subsection (3) of this section shall be filed at the same
time.
(2) Within 10 days after the date a petition is offered for
filing, the county clerk or district secretary, as the case may
be, shall examine the petition and determine whether it is signed
by the requisite number of qualified signers. In the case of a
petition required or permitted to be signed by landowners, within
10 days after the date a petition is offered for filing, the
county assessor shall examine the petition and determine whether
it is signed by the requisite number of qualified landowners. If
the requisite number of qualified signers have signed the
petition, the county clerk or district secretary shall file the
petition. If the requisite number have not signed, the county
clerk or district secretary shall so notify the chief petitioners
and may return the petition to the petitioners.
(3) A petition shall not be filed unless the certificate of the
county clerk or the district secretary is attached thereto
certifying that the county clerk or district secretary has
compared the signatures of the signers with the appropriate
records, that the county clerk or district secretary has
ascertained therefrom the number of qualified signers appearing
on the petition, and that the petition is signed by the requisite
number of qualified signers. In the case of a petition required
or permitted to be signed by landowners, a petition shall not be
filed unless the certificate of the county assessor is attached
thereto certifying that the county assessor has compared the
signatures of the signers with the appropriate records and that
the petition is signed by the requisite number of qualified
landowners.
(4) No petition for dissolution shall be accepted for filing
within one year after an election held on the question of
dissolution of a district.
SECTION 88. ORS 199.519 is amended to read:
199.519. (1) Notwithstanding any different effective date
specified in ORS 199.480, 199.505 or 199.507, a boundary change
under ORS 199.410 to 199.534 shall not become effective during
the period:
(a) Beginning after the 90th day before a biennial primary
election { + , presidential preference primary election + } or
general election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by any city or district
involved in the boundary change and ending on the day after the
election.
(2) If the effective date established for a boundary change is
a date that is prohibited under this section, the boundary change
shall become effective on the day after the election for voting
purposes.
(3) The provisions of this section do not apply if the
territory affected by the boundary change has no registered
voters.
SECTION 89. ORS 203.035 is amended to read:
203.035. (1) Subject to subsection (3) of this section, the
governing body or the electors of a county may by ordinance
exercise authority within the county over matters of county
concern, to the fullest extent allowed by Constitutions and laws
of the United States and of this state, as fully as if each
particular power comprised in that general authority were
specifically listed in ORS 203.030 to 203.075.
(2) The power granted by this section is in addition to other
grants of power to counties, shall not be construed to limit or
qualify any such grant and shall be liberally construed, to the
end that counties have all powers over matters of county concern
that it is possible for them to have under the Constitutions and
laws of the United States and of this state.
(3) An ordinance adopted by a county governing body that
changes the number or mode of selection of elective county
officers shall not take effect unless the ordinance is submitted
to and approved by the electors of the county at a biennial
primary election { + , presidential preference primary
election + } or general election. However, no ordinance adopted
under this section may change the mode of selection of a county
assessor.
(4) Nothing in this section shall be construed to limit the
rights of the electors of a county to propose county ordinances
through exercise of the initiative power.
SECTION 90. ORS 203.085 is amended to read:
203.085. (1) Except as provided in subsection (2) of this
section, no election on a county measure or for a county office
shall be held on any date other than:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, the second Tuesday in September + }; or
(d) The first Tuesday after the first Monday in November.
(2) An emergency election may be held on a date other than
those provided in subsection (1) of this section, if the county
governing body by resolution finds that an emergency exists that
will require an election sooner than the next available election
date to avoid extraordinary hardship to the community. A
determination under this subsection as to whether an emergency
exists is within the sole discretion of the county governing
body.
(3) A county governing body, with adequate notice, shall hold a
public hearing, on a date other than a regularly scheduled
meeting, for the purpose of making findings substantiating the
fact that an emergency exists before scheduling an election on a
date other than those specified in subsection (1) of this
section.
(4) Notice of a county's intent to hold an emergency election
shall be filed with the county elections authority no later than
47 days preceding the desired election date. At the time the
notice of election is given to the county elections authority,
the county shall also file with the elections authority a
certified copy of the ballot title and a copy of the resolution
and findings adopted by the county governing body to authorize
the emergency election as required under subsection (3) of this
section.
SECTION 91. ORS 203.230 is amended to read:
203.230. (1) The county court of any county which has not
adopted a county charter pursuant to ORS 203.710 to 203.770, and
in which the county judge has no judicial function, may order the
office of county judge abolished and create in lieu thereof a
third county commissioner. The order shall transfer all powers
and duties of the county court and county judge to the board of
county commissioners and, unless referred to the people, shall be
effective on the date specified therein. The order made under
this subsection may be referred to the people of the county for
their approval or rejection and, if approved, shall become
operative on the date specified in the order referred. The people
of the county shall vote on such order at a biennial primary
election { + , presidential preference primary election + } or
general election.
(2) If, in a year in which a county judge is to be elected in
the county, the order made under subsection (1) of this section
is to become operative:
(a) On or subsequent to the date of the biennial { + or
presidential preference + } primary election but prior to the
general election, then those persons nominated at the biennial
primary election for the office of county judge shall be
candidates for the office of county commissioner created in the
order.
(b) On or subsequent to the date of the regular general
election, then the person elected to the office of county judge
shall, upon the expiration of the term of office of the county
judge holding office at the time the order was approved, take
office as the county commissioner created in the order if the
order has become operative.
(3) When the order issued under subsection (1) of this section
becomes operative, the county judge shall, until the expiration
of the term of office of the county judge, serve as the third
county commissioner. At the general election next preceding the
expiration of the term of office of the county judge there shall
be elected, in addition to the two county commissioners provided
by law for each county, one county commissioner who shall possess
the same qualifications and be subject to the same provisions of
law as the other county commissioners.
(4) The order issued under subsection (1) of this section may
specify any or all of the following relating to the third
commissioner:
(a) Compensation that is different from the other
commissioners;
(b) Powers and duties that are different from the other
commissioners; and
(c) Service as chairperson of the board of commissioners.
(5) The person serving as county judge on the date the office
is abolished shall serve as chairperson of the board of county
commissioners until the expiration of the term of office of that
person and shall be subject to the same provisions of law as the
other county commissioners.
SECTION 92. ORS 203.710 is amended to read:
203.710. (1) The designation of county officers to perform
functions under ORS 203.710 to 203.770 extends to those officers
who, under a county charter or legislation enacted pursuant
thereto, may be designated to perform the same functions.
(2) References to the county court in ORS 203.710 to 203.770
include the board of county commissioners.
(3) As used in ORS 203.710 to 203.770, unless the context
requires otherwise, 'legally called election' means any biennial
primary election { + , presidential preference primary
election + } or general election held throughout the county.
SECTION 93. ORS 221.040 is amended to read:
221.040. (1) When a petition for incorporation described in ORS
221.031 is signed by 20 percent or, in a county with a population
over 300,000, by 10 percent, of the electors registered in the
area proposed to be incorporated, the petition shall be filed
with the county court of the county in which the proposed
petition was filed under ORS 221.031. A petition shall not be
accepted for filing unless all the signatures on the petition
were obtained within the six-month period immediately following
the date on which the petitions were filed under ORS 221.031.
Upon the filing of the petition, the county court shall fix the
time and place for the hearing of such petition and shall give
notice thereof by publication once each week for two successive
weeks in a newspaper published in the county where the petition
is filed and of general circulation within the boundaries, and by
posting the notice for the same period of time in three public
places in the area proposed to be incorporated. The notice shall
state the time and place of the hearing, describe the boundaries
set forth in the petition and state the purpose of the petition.
If any portion of the proposed incorporation of a city lies
within another county or counties, then the notice shall be
published in a newspaper of general circulation in each of the
counties and in the same time and manner.
(2) At the time and place fixed for the hearing, or at any time
and place at which the hearing may be continued or postponed, any
person interested may appear and present oral or written
objections to the granting of the petition, the forming of the
proposed incorporated city or the estimated rate of taxation set
forth in the petition. The court may alter the boundaries as set
forth in the petition to include all territory which may be
benefited by being included within the boundaries of the proposed
incorporated city, but shall not modify boundaries so as to
exclude any land which would be benefited by the formation of the
proposed city. No land shall be included in the proposed city
which will not, in the judgment of the court, be benefited. If
the court determines that any land has been improperly omitted
from the proposed city and the owner has not appeared at the
hearing, it shall continue the hearing and shall order notice
given to the nonappearing owner requiring the owner to appear
before it and show cause, if any the owner has, why the owner's
land should not be included in the proposed city. The notice
shall be given by publication and posting in the same manner as
the original notice for hearing and for the same period. For the
purposes of this subsection, 'owner' means the legal owner of
record except that if there is a vendee under a duly recorded
contract, the vendee shall be deemed to be the owner.
(3) Upon the final hearing of the petition, the court, if it
approves the petition as originally presented or in an altered
form, shall provide by order for the holding of an election
relating to the incorporation of the proposed city. The order
calling the election shall fix the date of the election on the
date of the next biennial primary election { + , presidential
preference primary election + } or general election that is not
sooner than the 90th day after the date of the order. The order
shall contain:
(a) A description of the exterior boundaries of the proposed
city as determined by the court. The description shall be a metes
and bounds or legal description prepared by the county surveyor
or county assessor. The description prepared under this paragraph
shall accurately describe the exterior boundaries of the proposed
city as indicated on the map filed under ORS 221.031 (2) unless
those boundaries were altered by the county court, in which case
the description shall accurately describe the boundaries as
altered;
(b) A provision requiring the county official in charge of
elections to include on the ballot for the election a description
of the boundaries of the proposed city using streets and other
generally recognized features and a statement of the proposed
permanent rate limit for operating taxes included in the petition
for incorporation of the proposed city as required by ORS
221.031, which statement shall comply with the requirements of
ORS 250.035; and
(c) The date on which the election will be held in the proposed
city.
SECTION 94. ORS 221.180 is amended to read:
221.180. (1) This section and ORS chapters 249 and 254 govern
the manner of nominating and electing candidates for municipal
offices in all cities.
(2) Notwithstanding ORS 249.037, if a city does not hold a
nominating election for municipal offices, a nominating petition
or declaration of candidacy shall be filed not sooner than the
{ - 15th - } { + 250th + } day { - after the date of the
biennial primary election - } and not later than the
{ - 70th - } { + 85th + } day before the date of the
{ - general - } { + biennial primary + } election. A
candidate who is nominated under this subsection may withdraw
candidacy under ORS 249.830.
(3) All nominating petitions and declarations of candidacy
shall be filed with the city elections officer. If the city
charter or ordinance provides a manner of filing for nomination,
a candidate for any office of that city shall file in that
manner.
SECTION 95. ORS 221.230 is amended to read:
221.230. (1) Except as provided in subsection (2) of this
section, no election on a city measure or for a city office shall
be held on any date other than:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, the second Tuesday in September + }; or
(d) The first Tuesday after the first Monday in November.
(2) An emergency election may be held on a date other than
those provided in subsection (1) of this section, if the city
governing body by resolution finds that an emergency exists that
will require an election sooner than the next available election
date to avoid extraordinary hardship to the community. A
determination under this subsection as to whether an emergency
exists is within the sole discretion of the city governing body.
(3) A city governing body, with adequate notice, shall hold a
public hearing, on a date other than a regularly scheduled
council meeting, for the purpose of making findings
substantiating the fact that an emergency exists before
scheduling an election on a date other than those specified in
subsection (1) of this section.
(4) Notice of a city's intent to hold an emergency election
shall be filed with the county elections authority no later than
47 days preceding the desired election date. At the time the
notice of election is given to the county elections authority,
the city shall also file with the elections authority a certified
copy of the ballot title and a copy of the resolution and
findings adopted by the city governing body to authorize the
emergency election as required under subsection (3) of this
section.
SECTION 96. ORS 222.040 is amended to read:
222.040. (1) Notwithstanding any provision of this chapter that
provides a different effective date, an annexation, transfer of
territory, consolidation or merger under this chapter, or any
removal by a city by ordinance of a newly annexed area from a
special district, shall not become effective during the period:
(a) Beginning after the 90th day before a biennial primary
election { + , presidential preference primary election + } or
general election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by any city, district or
other municipal corporation involved in the annexation, transfer
of territory, consolidation, merger or removal, and ending on the
day after the election.
(2) If the effective date established for an annexation,
transfer of territory, consolidation, merger or removal is a date
that is prohibited under this section, the annexation, transfer
of territory, consolidation, merger or removal shall become
effective on the day after the election.
(3) For the purposes of ORS 308.225 only, the effective date of
an annexation under ORS 222.180 shall be the date of filing of
the abstract referred to in ORS 222.180.
SECTION 97. ORS 222.250 is amended to read:
222.250. (1) After the charter commission has prepared and
adopted a charter, the secretary of the charter commission shall
file copies of the charter, certified as correct by the secretary
or two or more members of the commission, with the governing
bodies of each of the incorporated cities to be included in the
proposed city. Within 30 days after the filing the governing
bodies of the cities shall meet in joint convention, at the usual
place of meeting of the governing body of the city having the
largest population as shown by the last federal census, to adopt
a ballot title for the question of consolidation and adoption of
a city charter and tax base. The ballot title shall comply with
the requirements of ORS 250.035. The permanent rate limit for
operating taxes that is submitted to the electors shall be the
permanent rate limit included in the petition for consolidation
filed under ORS 222.230.
(2) The election shall be held on the date of the next biennial
primary election { + , presidential preference primary
election + } or general election that is not earlier than the
90th day after the filing. The election shall be called and held
for the purpose of submitting the following question to the
electors of each incorporated city and of each unincorporated
area to be included in the proposed city:
(a) Whether an incorporated city shall be created consisting of
the largest city proposed to be included therein, of each other
incorporated city whose electors vote to create the proposed
city, and of each unincorporated area in which the electors vote
to create the proposed city;
(b) Whether the charter proposed by the charter commission
shall be adopted as the charter for the city; and
(c) Whether the proposed permanent rate limit included in the
petition for consolidation filed under ORS 222.230 shall be
adopted as the proposed permanent rate limit of the new city.
(3) If the governing bodies cannot agree at the joint
convention upon a date and a ballot title for the election, the
county court of the county in which is located the administrative
office of the city having the largest population of all cities
proposed to be included in the consolidated city, by resolution
duly adopted by the county court, shall determine a date and
adopt a ballot title. The election in that case shall be called
by the county court for the purposes provided in the petitions
and ORS 222.210 to 222.310.
(4) The statement summarizing the measure and its major effect
in a ballot title for an election under this section shall
include a general description of the boundaries of the proposed
city. The description shall use streets and other generally
recognized features and name the cities proposed to be included
in the consolidated city. Notwithstanding ORS 250.035, the
statement summarizing the measure and its major effect shall not
exceed 150 words.
(5) Not later than the 61st day before the date of the
election, the officer performing the duties of clerk of the joint
convention or the county court shall file the ballot title with
the county clerk of the county in which is located the
administrative office of the city having the largest population
of all cities proposed to be included in the consolidated city.
The ballot title may be challenged in the manner provided for
county measures in ORS 250.195.
SECTION 98. ORS 241.002 is amended to read:
241.002. (1) If the majority of electors of any county voting
at a { - regular - } general election pursuant to ORS 241.006
approve a proposal to establish, substitute or amend a system of
civil service under which county employees shall be employed, the
system or amendments to an existing system of civil service
approved by the electors shall apply to such county.
(2) If ORS 241.020 to 241.990 become applicable in a county, '
board of county commissioners' as used in ORS 241.020 to 241.990
means the county court of a county which does not have a board of
county commissioners.
(3) If ORS 242.702 to 242.824 become applicable in a county, '
governing body' as used in ORS 242.702 to 242.824 means the board
of county commissioners or county court of a county, as the case
may be.
SECTION 99. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the State System of
Higher Education and the President and Vice Presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Department of Human Services.
(L) Director of the Department of Consumer and Business
Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of the Public Employees Retirement System.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Administrator of the Office of Energy.
(X) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Oregon Economic and Community Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employees Retirement Board.
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) Housing, Educational and Cultural Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(DD) Oregon Health Sciences University Board of Directors.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By { - April 15 - } { + August 15 + } next after the
filing date for the biennial primary election, each candidate for
elective public office described in subsection (1) of this
section shall file with the commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
(4) Within 30 days after the filing date for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding biennial primary election shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
SECTION 100. ORS 261.190 is amended to read:
261.190. (1) At all elections where the creation of a district
is authorized, five directors shall be elected to manage and
transact the business of the district.
(2) Candidates for the office of director must be electors of
this state, must have resided in the proposed district
continuously for not less than two years next preceding the date
of the election, and must continue to reside in the district
during their term of office.
(3) All electors of the proposed district shall have the right
to vote for five candidates at the election.
(4) The five candidates receiving the highest number of votes
in the area approved by the electors and declared by the county
governing body to be a district shall be elected to serve until
the first Monday in January after the first { - regular
biennial - } general election which occurs not less than one year
following the election to create the district, and until their
successors are elected and qualified.
SECTION 101. ORS 261.355 is amended to read:
261.355. (1) For the purpose of carrying into effect the powers
granted in this chapter, any district may issue and sell revenue
bonds, when authorized by a majority of its electors voting at
any biennial primary election, { + presidential preference
primary election, + } general election or special election.
(2) All revenue bonds issued and sold under this chapter shall
be so conditioned as to be paid solely from that portion of the
revenues derived from the district by the sale of water,
waterpower and electric energy, or any of them, or any other
service, commodity or facility which may be produced, used or
furnished in connection therewith, remaining after paying from
those revenues all expenses of operation and maintenance,
including taxes.
(3) Notwithstanding subsection (1) of this section and subject
to subsection (4) of this section, any district may, by a duly
adopted resolution of its board, issue and sell revenue bonds for
the purpose of betterments and extensions within the existing
boundaries of the district, but the amount so issued shall be
limited to the reasonable value of the betterments and extensions
plus an amount not to exceed 10 percent thereof for
administrative purposes. Revenue bonds shall not be issued and
sold for the purpose of acquiring an initial utility system or
acquiring property or facilities owned by another entity that
provides electric utility service without first obtaining the
affirmative vote of the electors within the district.
(4) Not later than the 30th day prior to a board meeting at
which adoption of a resolution under subsection (3) of this
section will be considered, the district shall:
(a) Provide for and give public notice, reasonably calculated
to give actual notice to interested persons including news media
which have requested notice, of the time and place of the meeting
and of the intent of the board to consider and possibly adopt the
resolution; and
(b) Mail to its customers notice of the time and place of the
meeting and of the intent of the board to consider and possibly
adopt the resolution.
(5) Any authorizing resolution adopted for the purposes of
subsection (3) of this section shall provide that electors
residing within the district may file a petition with the
district asking to have the question of whether to issue such
bonds referred to a vote.
(6) If within 60 days after adoption of a resolution under
subsection (3) of this section the district receives petitions
containing valid signatures of not fewer than five percent of the
electors of the district, the question of issuing the bonds shall
be placed on the ballot at the next date on which a district
election may be held under ORS 255.345 (1).
(7) When petitions containing the number of signatures required
under subsection (6) of this section are filed with the district
within 60 days after adoption of a resolution under subsection
(3) of this section, revenue bonds shall not be sold until the
resolution is approved by a majority of the electors of the
district voting on the resolution.
(8) Any district issuing revenue bonds may pledge that part of
the revenue which the district may derive from its operations as
security for payment of principal and interest thereon remaining
after payment from such revenues of all expenses of operation and
maintenance, including taxes, and consistent with the other
provisions of this chapter.
(9) Prior to any district board taking formal action to issue
and sell any revenue bonds, the board shall have on file with the
secretary of the district a certificate executed by a qualified
engineer that the net annual revenues of the district, including
the property to be acquired or constructed with the proceeds of
the bonds, shall be sufficient to pay the maximum amount that
will be due in any one fiscal year for both principal of and
interest on both the bonds then proposed to be issued and all
bonds of the district then outstanding.
(10) The district shall order an election for the authorization
of revenue bonds to finance the acquisition or construction of an
initial utility system, including the replacement value of the
unreimbursed investment of an investor owned utility in energy
efficiency measures and installations within the proposed
district, as early as practicable under ORS 255.345 after filing
the certificate required under subsection (9) of this section. An
election under this subsection shall be held no more than twice
in any one calendar year for any district. In even-numbered years
no election shall be held on any other date than the date of the
biennial primary election { + , presidential preference primary
election + } or general election.
SECTION 102. ORS 261.360 is amended to read:
261.360. (1) When authorized by a majority of its electors
voting at any biennial primary election { + , presidential
preference primary election + } or general election or at a
special election, at which special election not less than 25
percent of the electors of the district voted on the question,
any district may issue and sell general obligation bonds so
conditioned that the district shall therein and thereby
unconditionally undertake, promise and agree to pay the same in
whole or in part from revenue or from taxes or both.
(2) The general obligation bonds of the district outstanding at
any time shall not exceed two and one-half percent (.025) of the
real market value of all taxable property within the limits of
the district.
(3) General obligation bonds may be made payable primarily from
and secured by a lien on and pledge of the revenues derived by
the district from its operations remaining after paying from such
revenues all expenses of operation and maintenance, and
secondarily from taxes.
SECTION 103. ORS 261.710 is amended to read:
261.710. (1) The dissolution election may be called by the
board of directors on their own motion or by a petition filed
with the directors of the district, signed by electors of the
district equal in number to not less than three percent of the
total number of votes cast for all candidates for Governor in the
district at the most recent election at which a candidate for
Governor was elected to a full term, requesting the directors of
the district to submit to the electors of the district the
proposition of dissolving the district and settling its affairs.
(2) The petition shall be referred to the county clerk of each
county wherein the district or any part thereof is located. The
county clerk of each of such counties shall examine the purported
signatures on the petition of electors of the county and shall
certify as to the regularity and sufficiency thereof. Where the
district is located in more than one county, the certificate of
the county clerk of each county as to the regularity of the
signatures on the petition shall be filed with the Secretary of
State, who shall accept the certificates by the county clerks as
to the regularity of the signatures, and based thereon, shall
certify as to the sufficiency of all signatures on the petition.
Whenever a dissolution petition has been certified as sufficient,
the certificate of sufficiency with copy of the petition shall be
transmitted to the directors of the district, who shall
immediately call an election to be held concurrently with a
biennial primary election { + , presidential preference primary
election + } or general election.
(3) If a majority of the electors of the district, voting at
the election, votes in favor of dissolution, the directors shall
issue their proclamation dissolving the district and shall file
the proclamation in the office of the county clerk of the county
wherein the district is located.
(4) The district shall thereafter continue to exist solely for
the purpose of settling its affairs as provided in ORS 261.715 to
261.730.
SECTION 104. ORS 267.208 is amended to read:
267.208. (1) An alteration of the boundaries of a district
under ORS 267.207 or 267.250 to 267.263 shall not become
effective during the period:
(a) Beginning after the 90th day before a biennial primary
election { + , presidential preference primary election + } or
general election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by the district and
ending on the day after the election.
(2) If the effective date established for the alteration of the
boundaries is a date that is prohibited under this section, the
alteration shall become effective on the day after the election.
(3) For the purposes of ORS 308.225 only, the effective date of
an alteration of district boundaries shall be the date on which
the board adopts the ordinance altering the boundaries or, if
such an ordinance is initiated or referred, the date on which the
ordinance is approved by the electors as provided in ORS 267.207.
SECTION 105. ORS 268.710 is amended to read:
268.710. (1) The electors of any metropolitan service district,
by majority vote of such electors voting thereon at any legally
called election, may adopt, amend, revise or repeal a charter for
the district. The charter, or legislation passed by the district
pursuant thereto, shall provide a method whereby the electors of
the district, by majority vote of such electors voting thereon at
any legally called election, may amend, revise or repeal the
charter.
(2) Provisions of a district charter and district legislation
that relate to the amendment, revision or repeal of a district
charter are matters of metropolitan concern and shall prevail
over conflicting provisions of state law that are first effective
after January 1, 1999, unless such law specifically provides
otherwise. After January 1, 1997, no person may commence or
maintain an action to challenge the validity of a district
charter existing and effective on January 1, 1997, on the basis
of inconsistency or conflict between the district charter and ORS
268.030, 268.300, 268.310, 268.317, 268.318, 268.320, 268.330,
268.340, 268.345, 268.357, 268.360, 268.370, 268.500, 268.505,
268.507, 268.520, 268.525, 268.530, 268.590, 268.600 to 268.660
and 268.990. To the extent that provisions of a district charter
limit the exercise of a power granted by the statutes listed in
this subsection, the provisions of the district charter shall be
given full force and effect. In addition to any authority
expressly granted to a metropolitan service district by the
Legislative Assembly, a district charter is an independent grant
of authority by the affected electorate pursuant to section 1
(5), Article IV and section 2, Article XI of the Oregon
Constitution.
(3) A charter of a metropolitan service district shall
prescribe the organization of the district government and shall
provide directly, or by its authority, for the number, election
or appointment, qualifications, tenure, compensation, powers and
duties of such officers as the district considers necessary. Such
officers shall among them exercise all the powers and perform all
the duties, as granted to, imposed upon or distributed among
district officers by the Constitution or laws of this state, by
the district charter or by its authority.
(4) Any reference to the executive officer of a metropolitan
service district in statutes of this state relating to elections
or government ethics shall be construed to include any district
officer who serves in an elective office and performs executive
functions. Any reference in a district charter to a district
court judge may be construed as referring to a judge of the
circuit court.
(5) As used in this section, 'legally called election ' means
an election held on the same date as a biennial primary
election { + , presidential preference primary election + } or
general election held throughout this state.
(6) Consistent with ORS 197.013, the land use planning
authority granted to a district under ORS chapter 268 is a matter
of statewide concern. Provisions of a district charter and
implementing ordinances adopted and effective on January 1, 1997,
that establish procedural requirements relating to the exercise
of land use planning authority of the district, including but not
limited to requirements for local government advisory committees,
are supplementary to ORS 268.380, 268.385, 268.390 and ORS
chapter 197. After January 1, 1997, no person may commence or
maintain an action to challenge the validity of such district
charter provisions or implementing ordinances on the basis of
inconsistency or conflict with the procedural requirements of ORS
268.380, 268.385 or 268.390 or the procedural requirements of ORS
chapter 197 existing on January 1, 1997.
(7) If a district charter is repealed, the provisions of the
charter providing for district officers, their powers and duties
and the election of such officers shall continue in effect until
the Legislative Assembly provides by law for the restructuring or
dissolution of the district.
SECTION 106. ORS 287.056 is amended to read:
287.056. (1) After the public hearing required by ORS 287.055,
if the governing body decides to proceed with the proposal it
shall submit the question of issuing and selling bonds at an
election on a date specified in ORS 203.085. The order calling
the election shall set forth:
(a) The use to which the proceeds of the bonds are to be put.
(b) That the bonds shall be general obligation bonds of the
county.
(c) The amount of bonds proposed to be issued.
(d) The length of time, not to exceed 30 years, during which
the bonds shall mature.
(2) The governing body shall file with the county clerk a
notice of an election called under this section not later
than { + :
(a) The 40th day before the date of an election held on the
date of the general election; or
(b) + } The 61st day before { - the - } { + any other + }
election.
(3) The statement summarizing the measure and its major effect
in the ballot title shall include the information required in
subsection (1) of this section.
SECTION 107. ORS 316.102 is amended to read:
316.102. (1) A credit against taxes shall be allowed for
voluntary contributions in money made in the taxable year:
(a) To a major political party qualified under ORS 248.006 or
to a committee thereof or to a minor political party qualified
under ORS 248.008 or to a committee thereof.
(b) To or for the use of a person who must be a candidate for
nomination or election to a federal, state or local elective
office in any biennial primary election, { + presidential
preference primary election, + } general election or special
election in this state. The person must, in the calendar year in
which the contribution is made, either be listed on a biennial
primary election, { + presidential preference primary
election, + } general election or special election ballot in this
state or have filed in this state one of the following:
(A) A prospective petition;
(B) A declaration of candidacy;
(C) A certificate of nomination; or
(D) A designation of a principal campaign committee.
(c) To a political committee, as defined in ORS 260.005, if the
political committee has certified the name of its treasurer to
the filing officer, as defined in ORS 260.005, in the manner
provided in ORS chapter 260.
(2) The credit allowed by subsection (1) of this section shall
be the lesser of:
(a) The total contribution, not to exceed $50 on a separate
return; the total contribution, not to exceed $100 on a joint
return; or
(b) The tax liability of the taxpayer.
(3) The claim for tax credit shall be substantiated by
submission, with the tax return, of official receipts of the
candidate, agent, political party or committee thereof or
political committee to whom contribution was made.
SECTION 108. ORS 333.510 is amended to read:
333.510. (1) Upon the petition of not less than 20 percent of
the electors of a county school district, or by referral to the
electors by the county court, or by referral to the electors by
the school board, the county court, at a biennial primary
election { + , presidential preference primary election + } or
general election, shall submit to the electors of the county the
question whether the county unit system of public schools shall
be discontinued in the county and be replaced by the system
specified in the ballot measure.
(2) At the same time as it submits the question described in
subsection (1) of this section, the county court shall also
submit the question of a permanent rate limit for operating taxes
for the system proposed.
(3) If a majority of the votes cast is in favor of
discontinuing the county unit system and creating a new system,
and the election is one in which at least 50 percent of
registered electors eligible to vote in the election cast a
ballot or the election is a general election in an even-numbered
year:
(a) The county court shall declare the question approved;
(b) The system shall be discontinued in the county from and
after the second June 30 next following the election; and
(c) The system specified in the ballot measure shall replace
the discontinued system on the second July 1 next following the
election.
(4) When an election to discontinue the county unit system has
been held, no election for the same purpose shall be held within
a period of six years from the date of the last election.
Whenever any county adopts the county unit system, no election
shall be held in the county to discontinue the county unit system
for a period of six years from the date of the election at which
the county unit system was adopted.
SECTION 109. ORS 334.725 is amended to read:
334.725. (1) When one education service district proposing
consolidation has a population of 550,000 or more, according to
the latest federal census, the election under ORS 334.720 shall
be held on the date of the biennial { + or presidential
preference + } primary election and the election held in all
proposing education service districts shall be held pursuant to
ORS 332.138 but the votes in each education service district
shall be counted separately.
(2) The new district formed under this section shall come into
existence effective May 31 of the year following the election.
(3) The laws applicable to an education service district with a
population of 550,000 or more, according to the latest federal
census, shall apply to new districts formed under this section.
SECTION 110. ORS 341.085 is amended to read:
341.085. (1) An election for the purpose of presenting the
question of formation of a district and establishing a permanent
rate limit for operating taxes and the boundaries of the zones,
if the zones were recommended by the State Board of Education,
shall be held to submit the question to the electors registered
in the proposed district designated in the recommendation of the
state board. The election shall be held not sooner than the 90th
day after the effective date of the appropriation required by ORS
341.102. The election date shall be uniform throughout the
proposed district, and shall be set by the state board on a date
specified in ORS 255.345. However, if the question of
establishing a new tax base is to be submitted, the election must
be held on the same date as the next biennial { + or
presidential preference + } primary election or the next general
election, as determined by the state board.
(2) ORS chapter 255 and ORS 250.035 and 250.036 govern the
notice and conduct of an election under this section. The state
board shall be the district elections authority for an election
conducted under this section. Notwithstanding ORS 255.305, the
state board shall pay the expenses incurred for the election.
(3) An elector registered in a precinct or in the portion of a
precinct which is located within the boundaries of the proposed
district may vote on any matter arising at the election under
subsection (1) of this section.
SECTION 111. ORS 358.375 is amended to read:
358.375. (1) In the case of a city museum, and when authorized
by the electors of the city voting at a biennial primary
election { + , presidential preference primary election + } or
general election, the governing body may issue general obligation
or revenue bonds of the city for the purpose of providing all or
part of the funds necessary to acquire a museum site or sites and
to construct the museum.
(2) In the case of a joint city museum, and when authorized by
the electors of the two or more cities voting at a biennial
primary election { + , presidential preference primary
election + } or general election, each city council of the two or
more respective cities may issue general obligation bonds or
revenue bonds of each of the two or more respective cities for
the purpose of providing such portion of the funds necessary to
acquire a museum site or sites and to construct the museum as is
determined by the governing body.
SECTION 112. ORS 607.025 is amended to read:
607.025. When, at the request of the petitioners, the election
is to be held on a day other than one on which a biennial primary
election { + , presidential preference primary election + } or
general election is scheduled to be held, and if the request is
approved by the county court or board of county commissioners,
one or more of the petitioners shall deposit money with the
county clerk in an amount to be fixed by the county court or
board of county commissioners, which shall be a sum deemed by it
sufficient to defray the probable expenses of the special
election. Until the money is deposited, the county clerk shall
neither take action nor incur expense in connection with the
special election. If the amount deposited exceeds the total
expenses of the election, as ascertained by the county clerk and
certified by the county clerk to the county court or board of
county commissioners, the excess shall be returned to the
petitioner or petitioners who deposited the money.
SECTION 113. ORS 777.326 is amended to read:
777.326. (1) This section applies when an annexation would
increase the area of a port by one-half or more, or would
increase the assessed value of taxable property within a port by
one-half or more. An annexation proposal subject to this section,
if approved by the county board, shall be submitted to the
electors at an election which shall be held at the same time as a
biennial primary election { + , presidential preference primary
election + } or general election.
(2) When the county board orders an election on the annexation
proposal, the board shall adopt an order dividing or redividing
the area of the port, including the territory annexed, into five
subdistricts. The boundaries of the subdistricts shall be
determined in accordance with ORS 777.155 and shall be described
in the order calling the election on the proposed annexation.
(3) At the first regular district election following the
effective date of the annexation, one commissioner from each of
the five subdistricts established under subsection (2) of this
section shall be elected. The terms of the incumbent
commissioners shall terminate and the terms of the commissioners
elected under this subsection shall commence as provided in ORS
777.160.
(4) If the annexation is approved, the order proclaiming the
annexation shall also describe the boundaries of the subdistricts
established as provided by subsection (2) of this section.
SECTION 114. { + (1) If a candidate has filed a nominating
petition or declaration of candidacy under ORS 249.037 (1999
Edition) prior to the effective date of this 2001 Act for the
biennial primary election held on the third Tuesday in May 2002,
the filing shall be considered a filing for the biennial primary
election held on the date of the biennial primary election
specified in ORS 254.056, as amended by section 1 of this 2001
Act.
(2) If a person holds the office of precinct committeeperson on
the effective date of this 2001 Act, the person's term of office,
as specified in ORS 248.015, is extended until the 24th day after
the date of the September biennial primary election described in
ORS 254.056, as amended by section 1 of this 2001 Act. + }
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