72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
SA to SB 102
LC 863/SB 102-3
SENATE AMENDMENTS TO
SENATE BILL 102
By COMMITTEE ON RULES
April 8
On page 1 of the printed bill, line 2, after 'ORS' insert '
250.005,' and after '250.067' delete the comma.
In line 3, delete '250.085'.
Delete lines 22 and 23 and insert:
' (b) The deadline for submitting written comments concerning
the compliance of the state measure to be initiated with
constitutional procedural requirements has not passed.'.
On page 2, lines 5 through 7, delete the boldfaced material and
insert 'Following certification of a ballot title by the Attorney
General under ORS 250.067 (2), the cover of an initiative
petition shall contain the ballot title described in ORS 250.067
(2). If the Supreme Court has reviewed the ballot title under ORS
250.085, the cover of the initiative petition shall contain the
ballot title certified by the court.'.
Delete lines 17 and 18 and insert:
' (5)(a) Until a ballot title is certified as described in this
paragraph, each sheet of signatures on an initiative petition
shall be attached to a full and correct copy of the measure to be
initiated. Following certification of a ballot title by the
Attorney General under ORS 250.067 (2), each sheet of signatures
on an initiative petition shall contain the caption of the ballot
title described in ORS 250.067 (2). If the Supreme Court has
reviewed the ballot title under ORS 250.085, each sheet of
signatures on the initiative petition shall contain the ballot
title certified by the court. Each'.
In line 35, delete '(8)' and insert '(8)(a) For a referendum
petition,'.
In line 36, delete 'initiated or'.
After line 37, insert:
' (b) For an initiative petition, following certification of a
ballot title by the Attorney General under ORS 250.067 (2), or if
the Supreme Court has reviewed the ballot title under ORS
250.085, following certification of the ballot title by the
court, the person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
initiated and shall allow any person to review a copy upon
request of the person.'.
On page 3, delete lines 10 through 45.
On page 4, delete lines 1 through 26 and insert:
' { + SECTION 3. + } { + Section 4 of this 2003 Act is added
to and made a part of ORS chapter 250. + }
' { + SECTION 4. + } { + (1) For the purpose of qualifying
for preparation of a ballot title for a state measure to be
initiated, a chief petitioner of the state measure to be
initiated shall file with the Secretary of State:
' (a) Signature sheets containing a number of signatures that
is not less than 10 percent and not more than 15 percent of the
total number of signatures of electors required on the petition;
and
' (b) An affidavit certifying the petitioner's good faith
belief based upon reasonable inquiry that the signature sheets
contain a number of signatures that is not less than 10 percent
and not more than 15 percent of the total number of signatures of
electors required on the petition.
' (2) Not later than the third business day after receiving a
filing under subsection (1) of this section, the Secretary of
State shall determine the number of signatures submitted and
verify whether the signature sheets contain a number of
signatures that is not less than 10 percent and not more than 15
percent of the total number of signatures of electors required on
the petition. For purposes of this subsection, the Secretary of
State is not required to verify whether the signatures are valid
signatures of electors that may be counted under ORS 250.105.
' (3) On the next business day after the Secretary of State
determines that the requirements of subsection (2) of this
section have been satisfied, the Secretary of State shall send
two copies of the prospective petition to the Attorney General.
' (4) Not later than the fifth business day after receiving
copies of a prospective petition, the Attorney General shall
provide a draft ballot title for the state measure to be
initiated and return one copy of the prospective petition and the
draft ballot title to the Secretary of State.
' (5) After the Secretary of State determines that a chief
petitioner has filed the signatures and affidavit required under
subsection (1) of this section, the initiative petition may not
be circulated for additional signatures until:
' (a) The Attorney General certifies the ballot title under ORS
250.067 (2) or, if the Supreme Court has reviewed the ballot
title under ORS 250.085, until the court certifies the ballot
title; and
' (b) The Secretary of State has approved the form on which the
petition shall be printed for circulation and the form of any
petition signature sheet under ORS 250.045.
' (6) Not later than 10 calendar days after the date that a
chief petitioner files signatures and an affidavit under
subsection (1) of this section, the chief petitioner may file
additional signatures with the Secretary of State if:
' (a) The total number of signatures filed under this section
does not exceed 15 percent of the total number of signatures of
electors required on the petition;
' (b) The signatures filed under this subsection were obtained
on or before the date that the chief petitioner filed signatures
and an affidavit under subsection (1) of this section; and
' (c) The chief petitioner files an affidavit certifying the
petitioner's good faith belief based upon reasonable inquiry that
the total number of signatures filed under this section does not
exceed 15 percent of the total number of signatures of electors
required on the petition, and that the signatures filed under
this subsection were obtained on or before the date the
petitioner filed signatures and an affidavit under subsection (1)
of this section.
' (7) If additional signatures are filed under subsection (6)
of this section, the Secretary of State shall determine the total
number of signatures filed under this section and verify whether
the total number of signatures is not more than 15 percent of the
total number of signatures of electors required on the petition.
For purposes of this subsection, the Secretary of State is not
required to verify whether the signatures are valid signatures of
electors that may be counted under ORS 250.105. + } ' .
In line 27, delete '6' and insert '5'.
In line 29, delete '5' and insert '4'.
On page 5, delete lines 6 through 45 and delete page 6.
On page 7, delete lines 1 through 12 and insert:
' { + SECTION 6. + } ORS 250.105 is amended to read:
' 250.105. (1) { + (a) + } An initiative or referendum petition
relating to a state measure shall be filed with the Secretary of
State for the purpose of verifying whether the petition contains
the required number of signatures of electors.
' { + (b) The secretary may not accept an initiative petition
relating to a state measure under this section unless signatures
and an affidavit are filed with the secretary under section 4 (1)
of this 2003 Act.
' (c) Signatures on an initiative petition relating to a state
measure that are filed under section 4 (1) of this 2003 Act, in a
number not less than 10 percent and not more than 15 percent of
the total number of signatures of electors required on the
petition, shall be considered under this section for the purpose
of determining the number of signatures filed and verifying
whether the petition contains the required number of signatures.
' (d) Signatures on an initiative petition relating to a state
measure that are obtained prior to filing signatures and an
affidavit under section 4 (1) of this 2003 Act, in a number that
exceeds 15 percent of the total number of signatures of electors
required on the petition, may not be considered under this
section for the purpose of determining the number of signatures
filed and verifying whether the petition contains the required
number of signatures.
' (e) + }The filed petition shall contain only original
signatures. Each petition shall be verified in the order in which
the petitions are filed with the secretary.
' (2) { + (a) An initiative petition relating to a state
measure may not be accepted for filing under this section if the
total number of signatures filed with respect to the petition
under section 4 of this 2003 Act that may be considered under
this section, in addition to the number of signatures submitted
for filing under this section, amount to less than 100 percent of
the required number of signatures.
' (b) + } { - An initiative or - } { + A + } referendum
petition relating to a state measure { - shall - }
{ + may + } not be accepted for filing { + under this
section + } if it contains less than 100 percent of the required
number of signatures.
' { + (3) The Secretary of State by rule shall establish an
objective basis for determining which signatures filed under
section 4 of this 2003 Act may not be considered under this
section for the purpose of verifying whether the petition
contains the required number of signatures if the number of
signatures filed exceeds 15 percent of the total number of
signatures required. + }
' { - (3) - } { + (4) + } If an initiative or referendum
petition is submitted not less than 165 days before the election
at which the proposed measure is to be voted upon and if the
Secretary of State determines that insufficient signatures have
been submitted but the deadline for filing the petition has not
passed, the petitioners may submit additional signatures.
' { - (4) - } { + (5) + } The Secretary of State by rule
shall designate a statistical sampling technique to verify
whether a petition contains the required number of signatures of
electors. A petition
{ - shall - } { + may + } not be rejected for the reason that
it contains less than the required number of signatures unless
two separate sampling processes both establish that the petition
lacks the required number of signatures. The second sampling must
contain a larger number of signatures than the first sampling. If
two samplings are required under this subsection, the total
number of signatures verified on the petition shall be not less
than five percent of the total number of signatures on the
petition.
' { - (5) - } { + (6) + } For purposes of estimating the
number of duplicate signatures contained in a petition, the
Secretary of State shall apply at least an eight percent
duplication rate in the first sampling of signatures on all
petitions. If a second sampling of signatures is required under
subsection { - (4) - } { + (5) + } of this section, the
secretary shall calculate an estimated signature duplication rate
for each petition for which a second sampling is required. For
purposes of calculating an estimated signature duplication rate
for each petition for which a second sampling is required, the
county clerks shall report to the secretary the number of
electors determined to have signed a specific petition more than
once.
' { - (6) - } { + (7) + } When verifying signatures for a
state initiative or referendum petition, the county clerk shall
identify on an elector's voter registration record or other
database that the elector signed the specific initiative or
referendum petition.
' { - (7) - } { + (8) + } The Secretary of State may employ
professional assistance to determine the sampling technique to be
designated under subsection { - (4) - } { + (5) + } of this
section.
' { + SECTION 7. + } ORS 250.005 is amended to read:
' 250.005. As used in this chapter:
' { + (1) 'Constitutional procedural requirement' means:
' (a) The single-subject and full-text requirements contained
in section 1 (2)(d), Article IV of the Oregon Constitution;
' (b) The separate-vote requirement contained in section 1,
Article XVII of the Oregon Constitution;
' (c) The amendment or revision requirements of section 1,
Article IV, and section 2, Article XVII of the Oregon
Constitution; or
' (d) Any other procedural requirement of the Oregon
Constitution that applies to submitting a proposed state
initiative measure for approval for circulation to gather
signatures. + }
' { - (1) - } { + (2) + } 'County clerk' means the county
clerk or the county official in charge of elections.
' { - (2) - } { + (3) + } 'Elector' means an individual
qualified to vote under section 2, Article II, Oregon
Constitution.
' { - (3) - } { + (4) + } 'Measure' includes any of the
following submitted to the people for their approval or rejection
at an election:
' (a) A proposed law.
' (b) An Act or part of an Act of the Legislative Assembly.
' (c) A revision of or amendment to the Oregon Constitution.
' (d) Local, special or municipal legislation.
' (e) A proposition or question.
' { - (4) - } { + (5) + } 'Prospective petition' means the
information, except signatures and other identification of
petition signers, required to be contained in a completed
petition.
' { + SECTION 8. + } { + Section 9 of this 2003 Act is added
to and made a part of ORS chapter 250. + }
' { + SECTION 9. + } { + (1) The Secretary of State shall
review a proposed state initiative measure submitted under
section 1, Article IV of the Oregon Constitution, and ORS
250.045, to determine whether the proposed state initiative
measure complies with constitutional procedural requirements.
' (2) The Secretary of State, not later than one business day
after receiving a proposed state initiative measure submitted
under section 1, Article IV of the Oregon Constitution, and ORS
250.045, shall provide reasonable statewide notice of having
received the proposed state initiative measure and of the
public's right to submit written comments under subsection (3) of
this section.
' (3) Written comments concerning the compliance of a proposed
state initiative measure with constitutional procedural
requirements may be submitted to the Secretary of State not later
than the 10th business day after the date the secretary provides
notice under subsection (2) of this section. The secretary shall
maintain a record of written comments received.
' (4) The Secretary of State shall consider any written
comments submitted under subsection (3) of this section and shall
make the determination described in subsection (1) of this
section not later than the 10th business day after the deadline
for receiving comments under subsection (3) of this section.
' (5) After the Secretary of State makes the determination
under subsection (4) of this section, the secretary shall send
written notice to the chief petitioners of the proposed state
initiative measure. The notice shall state the secretary's
determination of whether the proposed state initiative measure
complies with constitutional procedural requirements. The
secretary shall also send the notice to all persons who submitted
timely written comments under subsection (3) of this section.
' (6) The Secretary of State may not approve for circulation
the form of the cover and signature sheet for a proposed state
initiative measure under ORS 250.045 if the secretary determines
that the proposed state initiative measure fails to comply with a
constitutional procedural requirement. + }
' { + SECTION 10. + } { + Sections 4 and 9 of this 2003 Act
and the amendments to ORS 250.005, 250.045, 250.065, 250.067 and
250.105 by sections 1, 2 and 5 to 7 of this 2003 Act apply to
petitions to initiate a state measure for which a prospective
petition is filed on or after the effective date of this 2003
Act. + } ' .
In line 13, delete '10' and insert '11'.
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