Chapter 233 Oregon Laws 2003

AN ACT

SB 137

Relating to voters’ pamphlets; amending ORS 251.049, 251.075 and 251.405.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 251.075 is amended to read:

251.075. (1) A candidate [shall] may not submit for inclusion in the voters’ pamphlet a portrait that was taken more than [two] four years before the date the portrait is filed with the Secretary of State.

(2) A portrait submitted for inclusion in the voters’ pamphlet shall:

(a) Be a conventional photograph with a plain background;

(b) Show the face or the head, neck and shoulders of the candidate; and

(c) Be prepared and processed for printing as prescribed by the Secretary of State.

(3) A portrait submitted for inclusion in the voters’ pamphlet [shall] may not:

(a) Include the hands or anything held in the hands of the candidate;

(b) Show the candidate wearing a judicial robe, a hat or a military, police or fraternal uniform; and

(c) Show the uniform or insignia of any organization.

(4) The Secretary of State by rule shall prescribe the size and manner of placement of the portrait printed in the voters’ pamphlet, except that the size of a portrait shall not be smaller than 1.5 inches by 1.75 inches. The rule shall apply in the same manner to all candidates for the same nomination or office.

SECTION 2. ORS 251.049 is amended to read:

251.049. (1) Except as provided in subsection (2) of this section, the Secretary of State [shall] may not print the name or title of [any] a person or the name of an organization in [any] an argument supporting or opposing any measure or [any] a statement of any candidate, political party or assembly of electors filed for inclusion in the voters’ pamphlet, if the name or title of the person or the name of the organization is cited as supporting or indorsing the argument or statement.

(2) The Secretary of State may print the name or title of a person or the name of an organization in an argument or statement submitted for inclusion in the voters’ pamphlet as supporting or indorsing the argument or statement if:

(a) Not later than the deadline for filing an argument or statement with the Secretary of State, the secretary receives a statement signed by the person, or by an authorized person on behalf of an organization, stating that the person consents to the use of the name or title of the person or the name of the organization; or

(b) The name or title of a person or the name of an organization is used with a quotation made by the person [on behalf of the person] or by an authorized person on behalf of an organization, the quotation was disseminated to the public prior to its inclusion in the argument or statement and the quotation is identified by its source and date.

(3) A person may not:

(a) Submit a false signature under subsection (2) of this section; or

(b) Alter the manner in which a person signing a statement of consent described in subsection (2) of this section designates the person’s name or title or the name of the organization the person represents to appear in the argument or statement. This paragraph does not prohibit revisions allowed or required under ORS 251.055 or 251.087.

SECTION 3. ORS 251.405 is amended to read:

251.405. (1) Except as provided in subsection (2) of this section, the county clerk [shall] may not print the name or title of [any] a person or the name of an organization in [any] an argument supporting or opposing any measure or [any] a statement of any candidate, filed for inclusion in a county voters’ pamphlet, if the name or title of the person or the name of the organization is cited as supporting or endorsing the argument or statement.

(2) The county clerk may print the name or title of a person or the name of an organization in an argument or statement submitted for inclusion in a county voters’ pamphlet as supporting or endorsing the argument or statement if:

(a) Not later than the deadline for filing an argument or statement with the county clerk, the county clerk receives a statement signed by the person, or by an authorized person on behalf of an organization, stating that the person consents to the use of the name or title of the person or the name of the organization; or

(b) The name or title of a person or the name of an organization is used with a quotation made by the person [on behalf of the person] or by an authorized person on behalf of an organization, the quotation was disseminated to the public prior to its inclusion in the argument or statement and the quotation is identified by its source and date.

(3) A person [shall] may not:

(a) Submit a false signature under subsection (2) of this section; or

(b) Alter the manner in which a person signing a statement of consent described in subsection (2) of this section designates the person’s name or title or the name of the organization the person represents to appear in the argument or statement. This paragraph does not prohibit revisions allowed or required under ORS 251.415.

Approved by the Governor June 6, 2003

Filed in the office of Secretary of State June 9, 2003

Effective date January 1, 2004

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