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 4177
Senate Bill 955
Sponsored by COMMITTEE ON RULES AND REDISTRICTING
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.
Revises process for preparation of ballot titles for proposed
state initiative measures. Directs chief petitioner to supply
proposed title with prospective petition.
Revises process for judicial review of ballot titles prepared
by Attorney General or chief petitioner. Directs Supreme Court to
certify proposed title if title complies with law. If title does
not comply with law, directs Supreme Court to consider titles
submitted by other parties. If titles submitted to court do not
comply with law, directs court to refer title to Attorney General
or chief petitioner for revision. Continues referral process
until court determines title complies with law.
Prohibits judicial review of ballot titles prepared by
Legislative Assembly.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
250.045, 250.065, 250.067, 250.085 and 254.085.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.045 is amended to read:
250.045. (1) Before circulating a petition to initiate or refer
a state measure under section 1, Article IV, Oregon Constitution,
the petitioner shall file with the Secretary of State a
prospective petition. The prospective petition for a state
measure to be initiated shall contain a statement of sponsorship
signed by at least 25 electors { + and shall include a draft
ballot title + }. The signatures in the statement of sponsorship
must be accompanied by a certificate of the county clerk of each
county in which the electors who signed the statement reside,
stating the number of signatures believed to be genuine. The
Secretary of State shall date and time stamp the prospective
petition and specify the form on which the petition shall be
printed for circulation. The secretary shall approve or
disapprove the form of any petition signature sheet within five
business days after the signature sheet is submitted for review
by the secretary. The secretary shall retain the prospective
petition.
(2) The chief petitioner may amend the proposed initiated
measure filed with the Secretary of State without filing another
prospective petition, if:
(a) The Attorney General certifies to the Secretary of State
that the proposed amendment will not substantially change the
substance of the measure; and
(b) The deadline for submitting written comments on the draft
title has not passed.
(3) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 250.065 (1). If a petition seeking a different
ballot title is not filed with the Supreme Court by the deadline
for filing a petition under ORS 250.085, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.067 (2). However, if { - the Supreme Court has reviewed
the ballot title - } { + a petition seeking a different ballot
title is filed with the Supreme Court + }, the cover of the
initiative petition shall contain the title certified by the
court.
(4) The chief petitioners shall include with the prospective
petition a statement declaring whether one or more persons will
be paid money or other valuable consideration for obtaining
signatures of electors on the initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners first has knowledge or should have
had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
(5)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the subject expressed in
the title of the Act to be referred.
(b) Each sheet of signatures on an initiative or referendum
petition shall:
(A) Contain only the signatures of electors of one county; and
(B) If one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid.' The notice
shall be in boldfaced type and shall be prominently displayed on
the sheet.
(c) The Secretary of State by rule shall adopt a method of
designation to distinguish signature sheets of referendum
petitions containing the same subject reference and being
circulated during the same period.
(6) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(7) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet of the
initiative or referendum petition that the individuals signed the
sheet in the presence of the circulator and that the circulator
believes each individual is an elector.
(8) The person obtaining signatures on the petition shall carry
at least one full and correct copy of the measure to be initiated
or referred and shall allow any person to review a copy upon
request of the person.
SECTION 2. ORS 250.065 is amended to read:
250.065. (1) When a prospective petition for a state measure to
be referred is filed with the Secretary of State, the secretary
shall authorize the circulation of the petition using the final
measure summary of the measure in lieu of the ballot title. After
the referendum petition has been filed containing the required
number of verified signatures, the Secretary of State immediately
shall send two copies of the prospective petition to the Attorney
General.
{ - (2) When an approved prospective petition for a state
measure to be initiated is filed with the Secretary of State, the
secretary immediately shall send two copies of it to the Attorney
General. - }
{ - (3) Not later than the fifth business day after receiving
the copies of the prospective petition for a state measure to be
initiated, the Attorney General shall provide a draft ballot
title for the state measure to be initiated and return one copy
of the prospective petition and the ballot title to the Secretary
of State. - }
{ - (4) - } { + (2) + } Not later than the 10th business
day after receiving the copies of the prospective petition for a
state measure to be referred, the Attorney General shall provide
a draft ballot title for the state measure to be referred and
return one copy of the prospective petition and the draft ballot
title to the Secretary of State.
SECTION 3. ORS 250.067 is amended to read:
250.067. (1) The Secretary of State, upon receiving a draft
ballot title { - from the Attorney General - } under ORS
{ + 250.045, + } 250.065 or 250.075 { + (2) + }, shall provide
reasonable statewide notice of having received the draft ballot
title and of the public's right to submit written comments as
provided in this section. Written comments concerning a draft
ballot title shall be submitted to the Secretary of State not
later than the { - 10th - } { + 20th + } business day after
the Secretary of State receives the draft title from the Attorney
General { + or chief petitioner + }. The Secretary of State
immediately shall send a copy of all written comments to the
Attorney General { + or chief petitioner + }and shall maintain
a record of written comments received.
(2) The Attorney General { + or chief petitioner + }shall
consider any written comments submitted under subsection (1) of
this section and shall certify to the Secretary of State either
the draft ballot title or a revised ballot title not later than
the fifth business day after receiving the comments from the
Secretary of State. If no written comments are submitted to the
Secretary of State, the Attorney General { + or chief petitioner
+ }shall certify the draft ballot title not later than the
{ - 15th - } { + 25th + } business day after the Secretary of
State receives the draft title from the Attorney General { + or
chief petitioner + }. { - The Secretary of State shall furnish
the chief petitioner with a copy of the ballot title. - }
(3) { - Unless the Supreme Court certifies a different ballot
title, - } { + Except as provided in this subsection, + } the
ballot title
{ - provided - } { + certified + } by the Attorney
General { + or chief petitioner + } under subsection (2) of this
section shall be the title printed in the voters' pamphlet and on
the ballot. { + If a petition seeking a different ballot title
is filed with the Supreme Court under ORS 250.085, the title
certified by the court shall be the title printed in the voters'
pamphlet and on the ballot. + }
(4) If a petition { - for review of a - } { + seeking a
different + } ballot title is filed with the Supreme Court
{ - as provided in - } { + under + } ORS 250.085, the Secretary
of State shall file with the Supreme Court a copy of the written
comments received as part of the record on review of the ballot
title.
(5) The Secretary of State by rule shall specify the means for
providing reasonable statewide notice for submitting comments on
a draft ballot title.
SECTION 4. ORS 250.085 is amended to read:
250.085. (1) { - Any elector dissatisfied with - } A ballot
title prepared by the Legislative Assembly for a measure referred
to the people by the assembly and filed with the Secretary of
State { - may petition the Supreme Court seeking a different
title. The petition shall state the reasons that the title filed
with the Secretary of State does not substantially comply with
the requirements of ORS 250.035 - } { + is not subject to
judicial review + }.
(2) Any elector dissatisfied with a ballot title { - for an
initiated or referred measure - } certified by the Attorney
General { + for a referred measure or by a chief petitioner for
a proposed initiative measure, + }and who timely submitted
written comments on the draft ballot title { + , + } may petition
the Supreme Court seeking a different title. The petition shall
state the reasons that the title filed with the Secretary of
State does not substantially comply with the requirements of ORS
250.035 { + and shall contain a proposed alternative ballot
title + }.
(3) The petition shall name the Attorney General { + or chief
petitioner + }as the respondent and must be filed { - : - }
{ - (a) - } not later than the 10th business day after the
Attorney General { + or chief petitioner + }certifies
{ - a - } { + the + } ballot title to the Secretary of State
{ - ; or - }
{ - (b) If the title is provided by the Legislative Assembly
under ORS 250.075, not later than the 10th business day after the
Legislative Assembly files the ballot title with the Secretary of
State - } .
(4) An elector filing a petition under this section shall
notify the Secretary of State in writing that the petition has
been filed. The notice shall be given not later than 5 p.m. on
the next business day following the day the petition is filed.
(5) The court shall review the title { + certified by the
Attorney General or chief petitioner + }for substantial
compliance with the requirements of ORS 250.035 { - , and shall
certify a title meeting this standard to the Secretary of
State - } . { + If the court determines that the title certified
by the Attorney General or chief petitioner substantially
complies with the requirements of ORS 250.035, the court shall
certify the title to the Secretary of State. + }
(6) When reviewing a title { - prepared - }
{ + certified + } by the Attorney General { + or chief
petitioner + }, the court shall not consider arguments concerning
the ballot title not presented in writing to the Secretary of
State unless the court determines that the argument concerns
language added to or removed from the draft title after
expiration of the comment period provided in ORS 250.067.
{ + (7) If the court determines that the title certified by
the Attorney General or chief petitioner does not substantially
comply with the requirements of ORS 250.035, the court shall
consider whether any alternative title submitted by an elector
filing a petition under this section substantially complies with
the requirements of ORS 250.035. If the court determines that one
or more of the submitted titles substantially complies with the
requirements of ORS 250.035, the court shall select the title
that most substantially complies with the requirements of ORS
250.035 and certify the title to the Secretary of State.
(8) If the court determines that the title certified by the
Attorney General or chief petitioner does not substantially
comply with the requirements of ORS 250.035 and that no title
considered under subsection (7) of this section substantially
complies with the requirements of ORS 250.035, the court shall
refer the title certified by the Attorney General or chief
petitioner to the Attorney General or chief petitioner for
revision. The court shall identify the reasons the title does not
substantially comply with the requirements of ORS 250.035.
(9) Not later than five business days after the date a ballot
title is referred under subsection (8) of this section, the
Attorney General or chief petitioner shall file a revised title
with the court. If the court determines that the revised title
substantially complies with the requirements of ORS 250.035, the
court shall certify the title to the Secretary of State. If the
court determines that the revised title does not substantially
comply with the requirements of ORS 250.035, the court shall
refer the revised title to the Attorney General or chief
petitioner for additional revision. The court shall identify the
reasons the revised title does not substantially comply with the
requirements of ORS 250.035. The Attorney General or chief
petitioner shall file a revised title with the court not later
than five business days following any referral made under this
subsection. The court shall refer a title for revisions under
this subsection until the court determines that the title filed
with the court substantially complies with the requirements of
ORS 250.035. The court shall certify that title to the Secretary
of State. + }
{ - (7) - } { + (10) + } The review by the Supreme Court
shall be conducted expeditiously to { - insure - }
{ + ensure + } the orderly and timely circulation of the
petition or conduct of the election at which the measure is to be
submitted to the electors.
SECTION 5. 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,
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,
information concerning all candidates for the offices, and the
state measures to be voted on.
(2) 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) 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 under ORS
250.067, prepared by the Legislative Assembly under ORS 250.075
or + } certified by the { - court - } { + Supreme Court under
ORS 250.085 + } and the financial estimates under ORS 250.125.
The Secretary of State shall keep a copy of the statement.
SECTION 6. { + The amendments to ORS 250.045, 250.065,
250.067, 250.085 and 254.085 by sections 1 to 5 of this 2001 Act
apply to ballot titles prepared for petitions to initiate or
refer a state measure for which prospective petitions are filed
on or after the effective date of this 2001 Act and for measures
referred by the Legislative Assembly on or after the effective
date of this 2001 Act. + }
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