72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2057
 
LC 434/HB 2057-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2057
 
                    By COMMITTEE ON JUDICIARY
 
                             April 7
 
  On page 1 of the printed bill, delete lines 9 through 27 and
insert:
  '  { +  SECTION 1. + } ORS 9.040 is amended to read:
  ' 9.040. (1) The election of governors shall be held annually
on a date set by the board of governors. Nomination shall be by
petition signed by at least 10 members entitled to vote for such
nominee. Election shall be by ballot. Nominating petitions shall
be filed with the executive director of the bar at least 30 days
before the election.
  '  { +  (2)(a) + } The executive director shall mail ballots,
containing the nominations for the office of governor in each
region, to every eligible active member in such region. Ballots
must be returned in person or by mail to the executive director
on or before the day of the election in order to be counted. The
executive director shall canvass the votes and record the result
thereof.
  '  { +  (b) The board by rule may provide for electronic
elections in lieu of using mailed ballots under paragraph (a) of
this subsection. Rules adopted under this paragraph may provide
for electronic distribution of election materials and electronic
tabulation of votes. + }
  '  { +  (3) + } In a region in which only one position is to be
filled, the candidate receiving the highest vote shall be
declared elected. If a region has more than one position to be
filled, the candidate with the most votes received shall be
declared elected, the candidate with the next highest number of
votes received shall then be declared elected, and so on until
all positions are filled. The balloting shall be so conducted
that only eligible active members can vote, and the secrecy of
the ballot shall be preserved.
  '  { +  (4) Notwithstanding subsection (1) of this section, an
election shall not be held for any position for which only a
single candidate has been nominated. If only a single candidate
has been nominated, the board shall declare the single candidate
elected to the position on a date specified by the board. + }
  '  { - (2) - }  { +  (5) + } A vacancy in the office of
elective member of the board of governors that occurs more than
24 months before the expiration of the term shall be filled for
the remainder of the term by a governor elected at a special
election held in the manner provided in   { - subsection (1)
of - }  this section as soon as possible after the occurrence of
the vacancy { + , or as provided in subsection (4) of this
section if only a single candidate is nominated + }. The vacancy
may be filled for the period between the occurrence of the
vacancy and the   { - special - }  election  { + of a new
governor + } by a   { - governor - }   { + person + } appointed
by the board. A vacancy in the office of elective member that
occurs 24 months or less before the expiration of the term shall
be filled for the remainder of the term by a   { - governor - }
 { + person + } appointed by the board.
  '  { - (3) - }  { +  (6) + } A vacancy in the office of public
member of the board of governors shall be filled for the
remainder of the term by a governor appointed by the board.
  '  { +  SECTION 2. + } ORS 9.152 is amended to read:
  ' 9.152. (1) The election of delegates to the house of
delegates shall be held annually on a date set by the board of
governors. Except as provided in subsection (2) of this section,
nominations shall be made by petition signed by at least 10
members of the Oregon State Bar entitled to vote for a delegate
in the election. The election shall be by ballot. Nominating
petitions must be filed with the executive director of the state
bar at least 30 days before the election.
  '  { +  (2)(a) + } The executive director shall mail ballots
containing the nominations for the office of delegate in each
region to every active member in the region. Ballots may be
delivered in person or by mail to the executive director, but
must be received by the executive director on or before the day
of the election. The executive director, with any assistants that
the executive director may designate, shall canvass the votes and
record the results of the election.
  '  { +  (b) The board by rule may provide for electronic
elections in lieu of using mailed ballots under paragraph (a) of
this subsection. Rules adopted under this paragraph may provide
for electronic distribution of election materials and electronic
tabulation of votes. + }
  '  { +  (3) + } The candidate, or candidates if there is more
than one open position, receiving the highest number of votes in
each region for the position or positions being filled shall be
declared elected. Balloting shall be conducted in a manner than
ensures that only active members of the bar can vote and that the
secrecy of the ballots shall be preserved.
  '  { - (2) - }   { + (4) + } The nomination petition for a
delegate from the region composed of all areas not located in
this state need only be signed by the candidate for the position.
  '  { +  (5) Notwithstanding subsection (1) of this section, an
election shall not be held for any position for which only a
single candidate has been nominated. If only a single candidate
has been nominated, the board shall declare the single candidate
elected to the position on a date specified by the board. + } ' .
  On page 2, delete lines 1 through 30.
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