Chapter 730 Oregon Laws 2003

AN ACT

HB 2825

Relating to ballots; and declaring an emergency.

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

SECTION 1. If all or part of House Bill 2152 is referred to the people by petition under section 1 (3)(b), Article IV of the Oregon Constitution, the Act or part of the Act that is referred shall be submitted to the people for their approval or rejection at a special election held throughout this state on February 3, 2004.

SECTION 2. Except as otherwise provided in sections 1 to 9 of this 2003 Act, ORS chapters 250, 251 and 254 apply to the special election held on the measure described in section 1 of this 2003 Act.

SECTION 3. (1) ORS 250.065 governs the preparation of a ballot title for the measure described in section 1 of this 2003 Act, except that:

(a) The Secretary of State shall send two copies of the prospective petition for the state measure to be referred to the Attorney General on the next business day after the prospective petition is filed with the secretary; and

(b) The Attorney General shall file a draft ballot title for the measure with the Secretary of State not later than the fifth business day after receiving copies of the prospective petition for the state measure to be referred.

(2) ORS 250.067 applies to a ballot title prepared under this section, except that the Secretary of State by rule shall:

(a) Establish a deadline for submitting written comments concerning the draft ballot title; and

(b) Establish a deadline for the Attorney General to certify to the Secretary of State either the draft ballot title or a revised ballot title.

(3) ORS 250.085 does not apply to a ballot title prepared under this section. The ballot title prepared under this section shall be the ballot title printed in the voters’ pamphlet and as provided in section 8 of this 2003 Act.

SECTION 4. (1) The financial estimate for the measure described in section 1 of this 2003 Act shall be prepared according to ORS 250.125 and 250.127, except that:

(a) The officials named in ORS 250.125 may begin preparation of the estimate described in ORS 250.125 on the date that a prospective petition for the state measure to be referred is filed with the Secretary of State; and

(b) The Secretary of State by rule shall:

(A) Establish a deadline for filing the estimate described in ORS 250.125;

(B) Provide for a public hearing on the estimate;

(C) Establish a deadline for filing any revised estimate;

(D) Establish a deadline for certification of the estimate; and

(E) Establish a deadline for preparation, filing and certification of the estimate by the Secretary of State if three of the officials named in ORS 250.125 do not approve the estimate.

(2) ORS 250.131 does not apply to the financial estimate prepared under this section. The financial estimate prepared under this section shall be the financial estimate printed in the voters’ pamphlet and as provided in section 8 of this 2003 Act.

SECTION 5. (1) ORS 251.205 and 251.215 apply to the preparation of the explanatory statement for the measure described in section 1 of this 2003 Act, except that:

(a) The processes for preparing the explanatory statement may begin on the date that a prospective petition for the state measure to be referred is filed with the Secretary of State; and

(b) The Secretary of State by rule shall establish a deadline for selection of members of a committee to prepare the explanatory statement, provide for a public hearing on the statement and establish deadlines for filing the statement and any revised statement. The members of the committee shall be selected in the manner provided in ORS 251.205.

(2) Notwithstanding ORS 251.225, if an explanatory statement is not filed by a committee under ORS 251.215, the Legislative Counsel Committee shall prepare an impartial, simple and understandable statement of not more than 500 words explaining the measure. The statement of the Legislative Counsel Committee shall be the explanatory statement of the measure. The Secretary of State by rule shall establish a deadline for filing a statement under this subsection. The process for preparing the explanatory statement under this subsection may begin on the date that a prospective petition for the state measure to be referred is filed with the Secretary of State.

(3) ORS 251.235 does not apply to an explanatory statement prepared under this section. The explanatory statement prepared under this section shall be the explanatory statement printed in the voters’ pamphlet.

(4) For purposes of this section, the election described in ORS 251.205 and 251.215 is the special election held on the date specified in section 1 of this 2003 Act.

SECTION 6. (1) Arguments relating to the measure described in section 1 of this 2003 Act may be filed with the Secretary of State under ORS 251.255, except that:

(a) An argument must be filed not later than the date set by the Secretary of State by rule; and

(b) The secretary may set the filing date at any time after the prospective petition for the state measure to be referred is filed with the secretary.

(2) Notwithstanding ORS 192.410 to 192.505 relating to public records, an argument filed under this section is exempt from public inspection until the fourth business day after the deadline for filing the argument.

SECTION 7. (1) If a special election is held as provided in section 1 of this 2003 Act, the Secretary of State shall cause to be printed in a voters’ pamphlet the number, ballot title and text of the measure described in section 1 of this 2003 Act and the financial estimate, explanatory statement and arguments relating to the measure. The Secretary of State shall also cause to be printed in the voters’ pamphlet any other material required by law. Notwithstanding ORS 251.026, the Secretary of State shall include in the voters’ pamphlet the information or statements described in ORS 251.026 that the Secretary of State considers applicable to the election on the measure described in section 1 of this 2003 Act. The secretary may begin preparation of the voters’ pamphlet under this section at any time after the prospective petition for the state measure to be referred is filed with the secretary.

(2) Not later than the 10th day before the election, the Secretary of State shall cause the voters’ pamphlet to be mailed to each post-office mailing address in Oregon and may use any additional means of distribution necessary to make the pamphlet available to electors.

(3) In preparing the voters’ pamphlet under this section, the Secretary of State is not required to comply with ORS 279.011 to 279.063 relating to competitive bidding.

(4) For purposes of sections 1 to 9 of this 2003 Act, the election referred to in ORS 251.295 is the special election held on the date specified in section 1 of this 2003 Act.

SECTION 8. (1) If a special election is held as provided in section 1 of this 2003 Act and notwithstanding the deadline in ORS 254.085, the Secretary of State shall prepare and deliver to each county clerk by the most expeditious means practicable a certified statement of the measure described in section 1 of this 2003 Act. The Secretary of State shall include with the statement the number, financial estimate and full ballot title of the measure, and any other material required by law. The Secretary of State shall keep a copy of the statement.

(2) The county clerks shall print on the ballot the number, financial estimate and full ballot title of the measure, along with any other material required by law. In lieu of printing the financial estimate, the summary portion of the ballot title or other material required by law on the ballot, a county clerk may include with the ballot the complete text of the ballot title, the financial estimate and any other material required by law.

SECTION 9. (1) The Secretary of State may adopt rules as may be necessary to implement sections 1 to 9 of this 2003 Act.

(2) Notwithstanding ORS 254.465, the election on the measure described in section 1 of this 2003 Act shall be conducted by mail in all counties in this state as provided under ORS 254.470.

SECTION 10. Section 11 of this 2003 Act is added to and made a part of ORS chapter 254.

SECTION 11. (1) Notwithstanding ORS 254.085, for purposes of the general election held in November 2004, the Secretary of State, not later than the 55th day before the date of the general election, shall file with each county clerk a statement containing information regarding candidates for the offices of President and Vice President of the United States.

(2) This section is repealed on January 2, 2005.

SECTION 12. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor August 29, 2003

Filed in the office of Secretary of State August 29, 2003

Effective date August 29, 2003

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