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 1145
 
                         House Bill 3059
 
Sponsored by Representative SHETTERLY
 
 
                             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.
 
  Requires county, city and district initiative petitions to be
filed for signature verification not later than four months prior
to general election.
  Requires elections on county, city and district initiative
measures to be held at general election.
  Applies in cities and home rule counties unless charter or
ordinance provides otherwise.
 
                        A BILL FOR AN ACT
Relating to initiative petitions; creating new provisions; and
  amending ORS 250.165, 250.221, 250.265, 250.325, 255.135 and
  255.185.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 250.165 is amended to read:
  250.165. (1) Before circulating a petition to initiate or refer
a county measure, the petitioner shall file with the county clerk
a prospective petition. The county clerk immediately shall date
and time stamp the prospective petition, and specify the form on
which the petition shall be printed for circulation. The clerk
shall retain the prospective petition.
  (2) 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 250.175 (1). If the circuit court has not
reviewed the ballot title under ORS 250.195, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.175 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
  (3) 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.
  (4)(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 number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the county governing body.
  (b) Each sheet of signatures on an initiative or referendum
petition shall, 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.  '
  (5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
  (6) 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 that the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the county.
   { +  (7) An initiative petition must be filed with the county
clerk for the purpose of verifying whether the petition contains
the required number of signatures of electors not less than four
months before the general election at which the proposed measure
is to be voted upon. + }
    { - (7) If the gathering of signatures exceeds the period of
one year from the time the petition is approved for circulation,
any of the chief petitioners, on or before the anniversary of
approval of the petition for circulation: - }
    { - (a) Shall file annually, with the county clerk, a
statement that the initiative petition is still active; and - }
    { - (b) May submit to the county clerk for verification any
signatures gathered on the petition in the preceding year. - }
    { - (8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under
subsection (7) of this section, the county clerk shall notify the
chief petitioners in writing of the requirements of subsection
(7) of this section. The notice shall be sent by certified mail,
return receipt requested. - }
    { - (9) A county clerk shall not accept for filing any
petition which has not met the provisions of subsection (7) of
this section. - }
    { - (10) - }   { + (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 250.221 is amended to read:
  250.221.  { + (1) If an initiative petition contains the
required number of verified signatures, the election on the
county measure shall be held at the next general election.
  (2) + } If   { - an initiative or - }   { + a + } referendum
petition contains the required number of verified signatures, the
election on the county measure shall be held on the next
available election date in ORS 203.085 that is not sooner than
the 90th day after the measure was filed with the county clerk.
  SECTION 3. ORS 250.265 is amended to read:
  250.265. (1) Before circulating a petition to initiate or refer
a city measure, the petitioner shall file with the city elections
officer a prospective petition. The officer immediately shall
date and time stamp the prospective petition, and specify the
form on which the petition shall be printed for circulation.  The
officer shall retain the prospective petition.
  (2) 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 250.275 (1). If the circuit court has not
reviewed the ballot title under ORS 250.296, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.275 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
  (3) 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.
  (4)(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 number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the city governing body.
  (b) Each sheet of signatures on an initiative or referendum
petition shall, 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.  '
  (5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
  (6) 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 that the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the city.
   { +  (7) An initiative petition must be filed with the city
elections officer for the purpose of verifying whether the
petition contains the required number of signatures of electors
not less than four months before the general election at which
the proposed measure is to be voted upon. + }
    { - (7) If the gathering of signatures exceeds the period of
one year from the time the petition is approved for circulation,
any of the chief petitioners, on or before the anniversary of
approval of the petition for circulation: - }
    { - (a) Shall file annually, with the city elections officer,
a statement that the initiative petition is still active; and - }
 
    { - (b) May submit to the city elections officer for
verification any signatures gathered on the petition in the
preceding year. - }
    { - (8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under
subsection (7) of this section, the city elections officer shall
notify the chief petitioners in writing of the requirements of
subsection (7) of this section. The notice shall be sent by
certified mail, return receipt requested. - }
 
    { - (9) A city elections officer shall not accept for filing
any petition which has not met the provisions of subsection (7)
of this section. - }
    { - (10) - }   { + (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 4. ORS 250.325 is amended to read:
  250.325. (1) If an initiative petition contains the required
number of verified signatures, the city elections officer shall
file the initiated measure with the city governing body at its
next meeting.
  (2) The governing body, not later than the 30th day after the
measure is filed with it, may adopt or reject the measure unless
the measure is required to be submitted to city electors under
the city charter or state law. If the measure is not adopted, or
the measure is required to be submitted to city electors under
the city charter or state law,   { - it - }   { + the measure + }
shall be submitted to city electors   { - on the next available
election date in ORS 221.230 held not sooner than the 90th day
after the measure was filed with the city governing body - }
 { +  at the next general election + }.
  (3) The governing body may refer a competing measure to city
electors at the same election at which the initiated measure is
submitted. If the governing body refers a competing measure to
city electors, it must prepare the measure not later than the
30th day after the initiated measure is filed with it. The mayor
shall not have the power to veto an initiated measure or a
competing measure.
  SECTION 5. ORS 255.135 is amended to read:
  255.135. (1) Before circulating a petition to initiate or refer
a district measure, the petitioner shall file with the elections
officer a prospective petition. The elections officer immediately
shall date and time stamp the prospective petition, and specify
the form on which the petition shall be printed for circulation.
The officer shall retain the prospective petition.
  (2) 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 255.145 (1). If the circuit court has not
reviewed the ballot title under ORS 255.155, the cover of an
initiative petition shall contain the ballot title described in
ORS 255.145 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
  (3) 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.
  (4)(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 number of the
 
ordinance to be referred and the date it was adopted by the
district board.
  (b) Each sheet of signatures on an initiative or referendum
petition shall, 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.  '
  (5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
  (6) 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 that the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the district.
   { +  (7) An initiative petition must be filed with the
elections officer for the purpose of verifying whether the
petition contains the required number of signatures of electors
not less than four months before the general election at which
the proposed measure is to be voted upon. + }
    { - (7) If the gathering of signatures exceeds the period of
one year from the time the petition is approved for circulation,
any of the chief petitioners, on or before the anniversary of
approval of the petition for circulation: - }
    { - (a) Shall file annually with the elections officer a
statement that the initiative petition is still active; and - }
    { - (b) May submit to the elections officer for verification
any signatures gathered on the petition in the preceding
year. - }
    { - (8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under
subsection (7) of this section, the elections officer shall
notify the chief petitioners in writing of the requirements of
subsection (7) of this section. The notice shall be sent by
certified mail, return receipt requested. - }
    { - (9) The elections officer shall not accept for filing any
petition which has not met the provisions of subsection (7) of
this section. - }
    { - (10) - }   { + (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 6. ORS 255.185 is amended to read:
  255.185.  { + (1) If an initiative petition contains the
required number of verified signatures, the election on the
district measure shall be held at the next general election. + }
    { - (1) - }   { + (2) + } In a district that holds regular
district elections, if   { - an initiative or - }   { + a + }
referendum petition contains the required number of verified
signatures, the election on the district measure shall be held on
a district election date specified by the district elections
authority in the order calling the election. The election date
may not be sooner than the next available date in ORS 255.345 for
which the filing deadline may be met and may not be later than
the first regular district election following the 40th day after
the date of the order.
    { - (2) - }   { + (3) + } In a district that does not hold
regular district elections, if   { - an initiative or - }
 { + a + } referendum petition contains the required number of
verified signatures, the election on the district measure shall
be held on the next available district election date in ORS
255.345 for which the filing deadline may be met.
  SECTION 7.  { + The amendments to ORS 250.165, 250.221,
250.265, 250.325, 255.135 and 255.185 by sections 1 to 6 of this
2003 Act apply only to initiative petitions for which a
 
prospective petition is filed on or after the effective date of
this 2003 Act. + }
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