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 863
A-Engrossed
Senate Bill 102
Ordered by the Senate April 8
Including Senate Amendments dated April 8
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Department of Justice)
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.
{ - Allows circulation of state initiative petition with
summary prepared by Attorney General. - } Requires filing of not
less than 10 percent of { + and not more than 15 percent + }
total number of signatures required on state initiative petition
to obtain ballot title.
{ - Allows intermediate filing of signatures for purpose of
obtaining ballot title. - } { + Specifies duties of Secretary
of State, Attorney General and chief petitioner relating to
ballot title and form of petition.
Defines constitutional procedural requirement. Requires
Secretary of State to determine compliance with constitutional
procedural requirements. Prohibits circulation of state
initiative measure if initiative measure fails to comply with
constitutional procedural requirements. + }
Applies to state initiative petitions for which prospective
petition is filed on or after effective date of Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to initiative petitions; creating new provisions;
amending ORS 250.005, 250.045, 250.065, 250.067 and 250.105;
and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.045 is amended to read:
250.045. (1) Before circulating a petition to initiate or refer
a state measure under section 1, Article IV, Oregon Constitution,
the petitioner shall file with the Secretary of State a
prospective petition. The prospective petition for a state
measure to be initiated shall contain a statement of sponsorship
signed by at least 25 electors. The statement of sponsorship
shall be attached to a full and correct copy of the measure to be
initiated. The signatures in the statement of sponsorship must be
accompanied by a certificate of the county clerk of each county
in which the electors who signed the statement reside, stating
the number of signatures believed to be genuine. The Secretary of
State shall date and time stamp the prospective petition and
specify the form on which the petition shall be printed for
circulation. The secretary shall approve or disapprove the form
of any petition signature sheet within five business days after
the signature sheet is submitted for review by the secretary. The
secretary shall retain the prospective petition.
(2) The chief petitioner may amend the { - proposed initiated
measure - } { + state measure to be initiated that has been + }
filed with the Secretary of State without filing another
prospective petition, if:
(a) The Attorney General certifies to the Secretary of State
that the proposed amendment will not substantially change the
substance of the measure; and
{ - (b) The deadline for submitting written comments on the
draft title has not passed. - }
{ + (b) The deadline for submitting written comments
concerning the compliance of the state measure to be initiated
with constitutional procedural requirements has not passed. + }
(3) 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 - } { + final measure summary + } described in ORS
250.065 (1). { - If a petition seeking a different ballot title
is not filed with the Supreme Court by the deadline for filing a
petition under ORS 250.085, the cover of an initiative petition
shall contain the ballot title described in ORS 250.067 (2).
However, if the Supreme Court has reviewed the ballot title, the
cover of the initiative petition shall contain the title
certified by the court. - } { + 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. + }
(4) 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.
{ - (5)(a) Each sheet of signatures on an initiative petition
shall contain the caption of the ballot title. Each - }
{ + (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 + } sheet of signatures on a
referendum petition shall contain the subject expressed in the
title of the Act to be referred.
(b) Each sheet of signatures on an initiative or referendum
petition shall:
(A) Contain only the signatures of electors of one county; and
(B) 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.' The notice
shall be in boldfaced type and shall be prominently displayed on
the sheet.
(c) The Secretary of State by rule shall adopt a method of
designation to distinguish signature sheets of referendum
petitions containing the same subject reference and being
circulated during the same period.
(6) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(7) 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 of the
initiative or referendum petition that the individuals signed the
sheet in the presence of the circulator and that the circulator
believes each individual is an elector.
{ - (8) - } { + (8)(a) For a referendum petition, + }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.
{ + (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. + }
SECTION 2. ORS 250.065 is amended to read:
250.065. (1) When a prospective petition for a state measure to
be referred is filed with the Secretary of State, the secretary
shall authorize the circulation of the petition using the final
measure summary of the measure in lieu of the ballot title.
{ + On the next business day + } after the referendum petition
has been filed containing the required number of verified
signatures, the Secretary of State { - immediately - } shall
send two copies of the prospective petition to the Attorney
General.
{ - (2) When an approved prospective petition for a state
measure to be initiated is filed with the Secretary of State, the
secretary immediately shall send two copies of it to the Attorney
General. - }
{ - (3) Not later than the fifth business day after receiving
the copies of the prospective petition for a state measure to be
initiated, 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 ballot title to the Secretary
of State. - }
{ - (4) - } { + (2) + } Not later than the 10th business
day after receiving the copies of the prospective petition for a
state measure to be referred, the Attorney General shall provide
a draft ballot title for the state measure to be referred and
return one copy of the prospective petition and the draft ballot
title to the Secretary of State.
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. + }
SECTION 5. ORS 250.067 is amended to read:
250.067. (1) The Secretary of State, upon receiving a draft
ballot title from the Attorney General under ORS 250.065 or
250.075 { + or section 4 of this 2003 Act + }, shall provide
reasonable statewide notice of having received the draft ballot
title and of the public's right to submit written comments as
provided in this section. Written comments concerning a draft
ballot title { - shall - } { + may + } be submitted to the
Secretary of State not later than the 10th business day after the
Secretary of State receives the draft title from the Attorney
General. On the next business day after the deadline for
submitting comments to the Secretary of State, the secretary
shall send a copy of all written comments to the Attorney
General. The secretary shall maintain a record of written
comments received.
(2) The Attorney General shall consider any written comments
submitted under subsection (1) of this section and shall certify
to the Secretary of State either the draft ballot title or a
revised ballot title not later than the 10th business day after
receiving the comments from the Secretary of State. If no written
comments are submitted to the Secretary of State, the Attorney
General shall certify the draft ballot title not later than the
15th business day after the Secretary of State receives the draft
title from the Attorney General. The Secretary of State shall
furnish the chief petitioner with a copy of the ballot title.
(3) Unless the Supreme Court certifies a different ballot
title, the ballot title provided by the Attorney General under
subsection (2) of this section shall be the title printed in the
voters' pamphlet and on the ballot.
(4) If a petition for review of a ballot title is filed with
the Supreme Court as provided in ORS 250.085, the Secretary of
State shall file with the Supreme Court a copy of the written
comments received as part of the record on review of the ballot
title.
(5) The Secretary of State by rule shall specify the means for
providing reasonable statewide notice for submitting comments on
a draft ballot title.
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. + }
SECTION 11. { + 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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