72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3370
A-Engrossed
House Bill 2763
Ordered by the Senate June 4
Including Senate Amendments dated June 4
Sponsored by Representative BUTLER; Representatives BARKER,
BARNHART, CLOSE, DALTO, FARR, FLORES, GALLEGOS, GILMAN, HUNT,
KITTS, KNOPP, KROPF, KRUMMEL, SCOTT, G SMITH, WIRTH, Senators
BEYER, DECKERT, FERRIOLI, GEORGE, MESSERLE, MORSE, NELSON, B
STARR, C STARR, WALKER (at the request of Special Districts
Association of Oregon, Oregon School Boards Association, Oregon
Community College Association, Oregon Fire District Directors
Association)
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.
Sets filing fees { + based on number of voters in electoral
district + } for including candidate portrait and statement in
county voters' pamphlet.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to voters' pamphlets; creating new provisions; amending
ORS 251.325 and 251.335; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 251.325 is amended to read:
251.325. (1) The Secretary of State by rule shall adopt a
schedule and procedures for preparing, printing and distributing
county voters' pamphlets. The schedule and procedures shall
include but not be limited to deadlines for filing material for
the voters' pamphlet, and except as otherwise provided by law,
the format of material to be submitted and the size and other
requirements applicable to candidate portraits.
{ + (2) Except as provided in subsection (3) of this section,
at the time materials are filed under ORS 251.335, each candidate
for nomination or election to the following offices shall pay to
the county clerk the following fee for space in the county
voters' pamphlet:
(a) An office to which a salary or other compensation beyond
expenses is attached, $100.
(b) An office to which a salary or other compensation beyond
expenses is not attached, $25.
(3) At the time materials are filed under ORS 251.335, each
candidate for nomination or election to a city or county office
at the primary or general election shall pay to the county clerk
the following fee for space in the county voters' pamphlet:
(a) If the number of active electors in the electoral district
is less than 1,000, $25.
(b) If the number of active electors in the electoral district
is 1,000 or more and less than 10,000, $50.
(c) If the number of active electors in the electoral district
is 10,000 or more and less than 50,000, $100.
(d) If the number of active electors in the electoral district
is 50,000 or more, $300. + }
{ - (2) - } { + (4) + } The Secretary of State by rule
shall adopt a schedule of fees to be charged by the county clerks
for including
{ - portraits of candidates, statements and - } arguments in
the voters' pamphlet. The fees need not reflect the actual cost
of producing the voters' pamphlet.
{ + (5) + } The county clerk shall refund { - the - }
{ + a + } filing fee { + described in this section + } to any
person who applies for the refund not later than the last day for
filing material for inclusion in the voters' pamphlet. When a
refund is made, the material for which the fee was paid
{ - shall - } { + may + } not be included in the pamphlet.
{ + (6) As used in this section, 'electoral district' means a
county, the part of a city located within the county or, if a
candidate is elected by zone or subdistrict of the county or
city, the zone or subdistrict in which the candidate is nominated
or elected. + }
SECTION 2. ORS 251.335 is amended to read:
251.335. (1) Not later than the date specified by the Secretary
of State, any candidate for { + nomination or + } election to
county, city or special district office within the county, or an
agent of the candidate, may file with the county clerk of a
county that prepares a county voters' pamphlet a portrait of the
candidate and a typewritten statement of the reasons the
candidate should be elected. The portrait and statement must
comply with the applicable rules of the Secretary of State.
{ + (2) + } The county clerk { - shall - } { + may + }
not accept the filing of a statement or portrait of any candidate
unless the filing is accompanied by the appropriate fee { - as
prescribed by the Secretary of State - } { + described in ORS
251.325 + }.
{ - (2) - } { + (3) + } As used in this section, 'district'
has the meaning given that term in ORS 255.012.
SECTION 3. { + (1) The amendments to ORS 251.325 and 251.335
by sections 1 and 2 of this 2003 Act apply to:
(a) Filing fees paid on or after the effective date of this
2003 Act; and
(b) Filing fees paid prior to the effective date of this 2003
Act by a candidate for any special district office for inclusion
of a candidate portrait and statement in a county voters'
pamphlet prepared for the election held on May 20, 2003.
(2) If a candidate for any special district office paid a
filing fee prior to the effective date of this 2003 Act for
inclusion of a candidate portrait and statement in a county
voters' pamphlet prepared for the election held on May 20, 2003,
and the amount of the fee was higher than the fee specified in
ORS 251.325 as amended by section 1 of this 2003 Act, the county
clerk shall refund to the candidate an amount equal to the
difference between the fee paid and the fee specified in ORS
251.325 as amended by section 1 of this 2003 Act. + }
SECTION 4. { + 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. + }
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