72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to A-Eng. SB 102
LC 863/SB 102-A10
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 102
By COMMITTEE ON RULES AND PUBLIC AFFAIRS
August 25
On page 1 of the printed A-engrossed bill, line 2, after ' ORS'
delete the rest of the line and line 3 and insert ' 246.910,
250.005, 250.035, 250.044, 250.045, 250.065, 250.067, 250.085,
250.105 and 254.085; and declaring an emergency.'.
Delete lines 5 through 21 and delete pages 2 through 7 and
insert:
' { + SECTION 1. + } { + Sections 6, 7, 8, 10 and 11 of this
2003 Act are added to and made a part of ORS chapter 250. + }
' { + SECTION 2. + } ORS 250.035 is amended to read:
' 250.035. (1) The ballot title of any measure, other than a
state measure, to be initiated or referred shall consist of:
' (a) A caption of not more than 10 words which reasonably
identifies the subject of the measure;
' (b) A question of not more than 20 words which plainly
phrases the chief purpose of the measure so that an affirmative
response to the question corresponds to an affirmative vote on
the measure; and
' (c) A concise and impartial statement of not more than 175
words summarizing the measure and its major effect.
' (2) The ballot title of any state measure to be initiated or
referred shall consist of:
' (a) A caption of not more than 15 words that reasonably
identifies the subject matter of the state measure. The caption
of an initiative or referendum amendment to the constitution
shall begin with the phrase, 'Amends Constitution,' which shall
not be counted for purposes of the 15-word caption limit;
' (b) A simple and understandable statement of not more than 25
words that describes the result if the state measure is approved.
The statement required by this paragraph shall include either the
phrase, 'I vote' or 'vote yes,' or a substantially similar
phrase, which may be placed at any point within the statement;
' (c) A simple and understandable statement of not more than 25
words that describes the result if the state measure is rejected.
The statement required by this paragraph shall not describe
existing statutory or constitutional provisions in a way that
would lead an average elector to believe incorrectly that one of
those provisions would be repealed by approval of the state
measure, if approval would not have that result. Any thing or
action described both in the statement required by paragraph (b)
of this subsection and in the statement required by this
paragraph shall be described using the same terms in both
statements, to the extent practical. Any different terms must be
terms that an average elector would understand to refer to the
same thing or action. The statement shall include either the
phrase, 'I vote' or ' vote no,' or a substantially similar
phrase, which may be placed at any point within the statement;
and
' (d) A concise and impartial statement of not more than 125
words summarizing the state measure and its major effect.
' (3) The statements required by subsection (2)(b) and (c) of
this section shall be written so that, to the extent practicable,
the language of the two statements is parallel.
' (4) The statement required by subsection (2)(b) of this
section shall be written so that an affirmative response to the
statement corresponds to an affirmative vote on the state
measure.
' (5) The statement required by subsection (2)(c) of this
section shall be written so that an affirmative response to the
statement corresponds to a negative vote on the state measure.
' (6) To avoid confusion, a ballot title shall not resemble any
title previously filed for a measure to be submitted at that
election.
' (7) In the statements required by subsection (2)(b), (c) and
(d) of this section, reasonable discretion shall be allowed in
the use of articles and conjunctions, but the statements shall
not omit articles and conjunctions that are necessary to avoid
confusion to or misunderstanding by an average elector.
' { + (8) For a state measure to be initiated, the provisions
of a ballot title described in this section shall:
' (a) Identify the primary subject matter of the measure;
' (b) Be impartial; and
' (c) Be plainly worded so as to substantially articulate the
intent of the measure. + }
' { + SECTION 3. + } 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 - } { + 2,500 + }
electors. The statement of sponsorship shall be attached to a
full and correct copy of the measure to be initiated.
' { + (2) + }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.
' { + (3) + } 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) - } { + (4) + } The chief petitioner may amend the
proposed initiated measure filed with the Secretary of State
without filing another prospective petition, if:
' (a) The { - Attorney General - } { + Legislative
Counsel + } 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.
' { - (3) - } { + (5) + } 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 250.065 (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. - } { + Once a ballot title is certified by the
three-judge panel under section 8 of this 2003 Act, the cover of
an initiative petition shall contain the certified ballot
title. + }
' { - (4) - } { + (6) + } 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) - } { + (7)(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 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) - } { + (8) + } 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) - } { + (9) + } 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) - } { + (10) + } 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 250.065 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. 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 - } { + On the next business day after + }
an approved prospective petition for a state measure to be
initiated is filed with the Secretary of State { + in accordance
with ORS 250.045 (1) + }, the secretary { - immediately - }
shall send two copies of it to the
{ - Attorney General - } { + Legislative Counsel + }.
' (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 - } { + Legislative
Counsel + } 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) 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 5. + } ORS 250.067 is amended to read:
' 250.067. { + For a state measure to be referred: + }
(1) The Secretary of State, upon receiving a draft ballot title
from the Attorney General under ORS 250.065 or 250.075, 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 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. + } { + For a state measure to be
initiated:
' (1) On the next business day after the deadline for receiving
a draft ballot title from the Legislative Counsel under ORS
250.065, the Secretary of State shall provide reasonable
statewide notice of having received the draft ballot title and of
the public's right under this subsection to submit written
comments concerning the compliance of the draft ballot title with
the requirements of ORS 250.035. Written comments under this
subsection must include a proposed ballot title and must be
submitted to the Secretary of State not later than 10 business
days after the date the secretary provides reasonable statewide
notice under this subsection.
' (2) On the next business day after the deadline for
submitting written comments under subsection (1) of this section:
' (a) If no written comments are submitted to the Secretary of
State, the Legislative Counsel shall certify the draft ballot
title to the Secretary of State; or
(b) If written comments are received, the Secretary of State
shall file a copy of the draft ballot title and the written
comments with the three-judge panel appointed under section 7 of
this 2003 Act. The secretary shall maintain a record of the draft
ballot title and the written comments received.
' (3) The Secretary of State by rule shall specify the means
for providing reasonable statewide notice for filing comments on
a draft ballot title for a state measure to be initiated. + }
' { + SECTION 7. + } { + (1) The Chief Justice of the
Supreme Court shall appoint a three-judge panel consisting of
three pro tem Supreme Court judges for the purpose of reviewing
draft ballot titles for state measures to be initiated as
provided in section 8 of this 2003 Act.
' (2) Each member of the three-judge panel shall be chosen from
among a pool of judge members of the Public Employees Retirement
System who retire under ORS 238.535 (1)(b). A judge on the
three-judge panel shall serve for a term of six months. A judge
may not serve more than two terms in any five-year period and may
not serve consecutive terms. The Chief Justice of the Supreme
Court shall fill any vacancy by appointment for the remainder of
the unexpired term. Time spent filling a vacancy does not count
against the term limits contained in this subsection.
' (3) All judges in the pool must be available to serve on the
three-judge panel during the term of appointment.
' (4) Service on the three-judge panel qualifies as pro tem
service under ORS 238.535 (1)(c). + }
' { + SECTION 8. + } { + (1) Upon the filing under section 6
of this 2003 Act of a draft ballot title and written comments
relating to a state measure to be initiated with the three-judge
panel appointed under section 7 of this 2003 Act, the three-judge
panel shall review the draft ballot title for compliance with the
requirements of ORS 250.035 and consider the written comments.
The three-judge panel may allow oral argument by any person who
submitted comments under section 6 of this 2003 Act.
' (2)(a) If the three-judge panel determines that the draft
ballot title complies with the requirements of ORS 250.035, the
panel shall certify the ballot title to the Secretary of State.
' (b) If the three-judge panel determines that the draft ballot
title does not comply with the requirements of ORS 250.035, and
the panel determines that one or more proposed ballot titles
submitted with written comments complies with the requirements of
ORS 250.035, the panel shall select the proposed ballot title
that most closely complies with the requirements of ORS 250.035
and certify the ballot title to the Secretary of State.
' (c) If the three-judge panel determines that the draft ballot
title and none of the proposed ballot titles submitted with
written comments comply with the requirements of ORS 250.035, the
panel shall notify the Secretary of State and the Legislative
Counsel in writing of its determination and of the reasons for
its determination.
' (3) After the three-judge panel notifies the Secretary of
State and the Legislative Counsel under subsection (2) of this
section that the draft ballot title and any proposed ballot
titles do not comply with the requirements of ORS 250.035, the
provisions of ORS 250.065 and section 6 of this 2003 Act apply,
except that:
' (a) The Legislative Counsel shall provide a draft ballot
title not later than the fifth business day after the three-judge
panel notifies the Legislative Counsel under subsection (2) of
this section; and
' (b) Written comments must be filed with the Secretary of
State not later than five business days after the date the
Secretary of State provides reasonable statewide notice.
' (4) If a draft ballot title and any written comments are
filed with the three-judge panel pursuant to subsection (3) of
this section, the provisions of this section apply.
' (5) Except as provided in this subsection, a decision by the
three-judge panel to certify a ballot title to the Secretary of
State under this section is final and not subject to review by
any court. The three-judge panel may allow a petition for
reconsideration of a decision made under this section in the
manner provided in the rules of appellate procedure.
' (6) Review by the three-judge panel under this section shall
be conducted expeditiously to ensure the orderly and timely
circulation of the petition for the proposed state initiative
measure.
' (7) This section applies notwithstanding a change in
membership of the three-judge panel due to appointments made
under section 7 of this 2003 Act. + }
' { + SECTION 9. + } 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 10. + } { + (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 shall complete the review and make
the determination under subsection (1) of this section not later
than 20 business days after the date the prospective petition for
the proposed state initiative measure is filed under ORS 250.045.
' (3) The Secretary of State, upon 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 as
provided in this section. 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 10 business days after the date
the prospective petition for the proposed state initiative
measure is filed under ORS 250.045. The Secretary of State shall
maintain a record of written comments received.
' (4) After the Secretary of State makes the determination
under subsection (1) 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 of
State's determination with respect to the compliance of the
proposed state initiative measure with constitutional procedural
requirements. The Secretary of State shall also send the notice
to all persons who timely submitted written comments to the
secretary under subsection (3) of this section.
' (5) 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 11. + } { + (1) A person adversely affected by
a determination made by the Secretary of State under section 10
of this 2003 Act with respect to the compliance of a proposed
state initiative measure with a constitutional procedural
requirement may file in the Circuit Court for Marion County an
action challenging the secretary's determination. The action must
be commenced not later than 21 calendar days after the deadline
for the Secretary of State to make a determination under section
10 of this 2003 Act with respect to the compliance of the
proposed state initiative measure with constitutional procedural
requirements. The plaintiff in an action described in this
section must serve a copy of the complaint on the Attorney
General. The review by the circuit court shall be conducted
expeditiously to ensure the orderly and timely circulation of the
petition for the proposed state initiative measure.
' (2) An action filed under this section is the exclusive
remedy for challenging whether a proposed state initiative
measure or a state measure adopted through the initiative
petition process complies with constitutional procedural
requirements.
' (3) If an action subject to the requirements of this section
is filed in a court other than the Circuit Court for Marion
County, the other court, on its own motion or the motion of any
party to the action, shall dismiss the action or transfer the
action to the Circuit Court for Marion County.
' (4) A party to an action subject to the requirements of this
section may appeal the judgment only by filing an appeal directly
with the Supreme Court not later than the 10th business day after
the date the judgment is entered. Review by the Supreme Court
shall be conducted expeditiously to ensure the orderly and timely
circulation of the petition for the proposed state initiative
measure.
' (5) If the Secretary of State has approved for circulation
the form of the cover and signature sheet for the petition for
the proposed state initiative measure under ORS 250.045:
' (a) The commencement of an action under subsection (1) of
this section does not prohibit the gathering of signatures for
the proposed state initiative measure; and
' (b) The filing of an appeal under subsection (4) of this
section does not prohibit the gathering of signatures for the
proposed state initiative measure, even if the Circuit Court for
Marion County determines that the proposed state initiative
measure fails to comply with a constitutional procedural
requirement. + }
' { + SECTION 12. + } ORS 250.044 is amended to read:
' 250.044. (1) An action that challenges the constitutionality
of a measure initiated by the people or referred to the people
for a vote must be commenced in the Circuit Court for Marion
County if:
' (a) The action is filed by a plaintiff asserting a claim for
relief that challenges the constitutionality of a state statute
or an amendment to the Oregon Constitution initiated by the
people or referred to the people under section 1 (1) to (4),
Article IV of the Oregon Constitution;
' (b) The action is commenced on or after the date that the
Secretary of State certifies that the challenged measure has been
adopted by the electors and within 180 days after the effective
date of the measure; and
' (c) The action may not be commenced in the Oregon Tax Court.
' (2) An action under subsection (1) of this section must be
within the jurisdiction of circuit courts and must present a
justiciable controversy. The plaintiff in an action subject to
the requirements of this section must serve a copy of the
complaint on the Attorney General.
' (3) If an action subject to the requirements of this section
is filed in a court other than the Circuit Court for Marion
County, the other court, on its own motion or the motion of any
party to the action, shall dismiss the action or transfer the
action to the Circuit Court for Marion County.
' (4) This section does not apply to any civil or criminal
proceeding in which the constitutionality of a state statute or
provision of the Oregon Constitution is challenged in a
responsive pleading.
' (5) If a judgment in an action subject to the requirements of
this section holds that a challenged measure is invalid in whole
or in part, a party to the action may appeal the judgment only by
filing a notice of appeal directly with the Supreme Court within
the time and in the manner specified in ORS chapter 19 for civil
appeals to the Court of Appeals. Any party filing a notice of
appeal under this subsection must note in the notice of appeal
that the case is subject to this subsection.
' (6) If a judgment in an action subject to the requirements of
this section holds that a challenged measure is valid, a party to
the action may appeal the judgment by filing a notice of appeal
in the Court of Appeals within the time and in the manner
specified in ORS chapter 19 for civil appeals. Notwithstanding
ORS 19.405 (1), the party may move the Court of Appeals to
certify the appeal to the Supreme Court, and the Court of Appeals
acting in its sole discretion may so certify the appeal. If the
Court of Appeals certifies the appeal to the Supreme Court, the
Supreme Court shall accept or deny acceptance of the
certification as provided in ORS 19.405 (2).
' { + (7) This section does not apply to an action that is
subject to the requirements of section 11 of this 2003 Act. + }
' { + SECTION 13. + } ORS 246.910 is amended to read:
' 246.910. (1) A person adversely affected by any act or
failure to act by the Secretary of State, a county clerk, a city
elections officer or any other county, city or district official
under any election law, or by any order, rule, directive or
instruction made by the Secretary of State, a county clerk, a
city elections officer or any other county, city or district
official under any election law, may appeal therefrom to the
circuit court for the county in which the act or failure to act
occurred or in which the order, rule, directive or instruction
was made.
' (2) Any party to the appeal proceedings in the circuit court
under subsection (1) of this section may appeal from the decision
of the circuit court to the Court of Appeals.
' (3) The circuit courts and Court of Appeals, in their
discretion, may give such precedence on their dockets to appeals
under this section as the circumstances may require.
' (4) The remedy provided in this section is cumulative and
does not exclude any other remedy against any act or failure to
act by the Secretary of State, a county clerk, a city elections
officer or any other county, city or district official under any
election law or against any order, rule, directive or instruction
made by the Secretary of State, a county clerk, a city elections
officer or any other county, city or district official under any
election law.
' { + (5) This section does not apply to an action that is
subject to the requirements of section 11 of this 2003 Act. + }
' { + SECTION 14. + } ORS 254.085 is amended to read:
' 254.085. (1) The Secretary of State, not later than the 61st
day before the date of a primary or general election, shall file
with each county clerk a statement of the state and congressional
district offices to be filled or for which candidates are to be
nominated in the county at the election, information concerning
all candidates for the offices, and the state measures to be
voted on.
' (2) The information concerning candidates for the Supreme
Court, Court of Appeals, Oregon Tax Court and circuit court shall
include a designation of incumbent for each candidate who is the
regularly elected or appointed judge of the court to which the
candidate seeks election. If a candidate was regularly elected or
appointed to a specific position or department on the court, the
candidate shall be designated as the incumbent only if the person
is a candidate for that position or department.
' (3) Included with each state measure shall be the measure
number, the ballot title { - prepared by the Attorney General
under ORS 250.067 (2) or, if the Supreme Court has reviewed the
title under ORS 250.085, the title certified by the court - }
and the financial estimates under ORS 250.125. { + The ballot
title included under this subsection shall be the title certified
by the Attorney General under ORS 250.067, the title certified by
the three-judge panel under section 8 of this 2003 Act, the title
prepared by the Legislative Assembly under ORS 250.075 or, if the
Supreme Court has reviewed the title under ORS 250.085, the title
certified by the court. + }The Secretary of State shall keep a
copy of the statement.
' { + SECTION 15. + } ORS 250.085 is amended to read:
' 250.085. (1) Any elector dissatisfied with a ballot title
prepared by the Legislative Assembly for a measure referred to
the people by the assembly and filed with the Secretary of State
may petition the Supreme Court seeking a different title. The
petition shall state the reasons that the title filed with the
Secretary of State does not substantially comply with the
requirements of ORS 250.035.
' (2) Any elector dissatisfied with a ballot title for { - an
initiated or - } { + a + } referred measure certified by the
Attorney General and who timely submitted written comments on the
draft ballot title may petition the Supreme Court seeking a
different title. The petition shall state the reasons that the
title filed with the Secretary of State does not substantially
comply with the requirements of ORS 250.035.
' (3) The petition shall name the Attorney General as the
respondent and must be filed:
' (a) Not later than the 10th business day after the Attorney
General certifies a ballot title to the Secretary of State; or
' (b) If the title is provided by the Legislative Assembly
under ORS 250.075, not later than the 10th business day after the
Legislative Assembly files the ballot title with the Secretary of
State.
' (4) An elector filing a petition under this section shall
notify the Secretary of State in writing that the petition has
been filed. The notice must be received in the office of the
Secretary of State not later than 5 p.m. on the next business day
following the day the petition is filed.
' (5) The Supreme Court shall review the title for substantial
compliance with the requirements of ORS 250.035.
' (6) When reviewing a title prepared by the Attorney General,
the Supreme Court shall not consider arguments concerning the
ballot title not presented in writing to the Secretary of State
unless the court determines that the argument concerns language
added to or removed from the draft title after expiration of the
comment period provided in ORS 250.067.
' (7) The review by the Supreme Court shall be conducted
expeditiously to ensure the { - orderly and timely circulation
of the petition or - } conduct of the election at which the
measure is to be submitted to the electors.
' (8) If the Supreme Court determines that the title certified
by the Attorney General or prepared by the Legislative Assembly
substantially complies with the requirements of ORS 250.035, the
court shall certify the title to the Secretary of State. If the
Supreme Court determines that the title certified by the Attorney
General or prepared by the Legislative Assembly does not
substantially comply with the requirements of ORS 250.035, the
court shall modify the ballot title and certify the ballot title
to the Secretary of State or refer the ballot title to the
Attorney General for modification.
' (9) Not later than five business days after the Supreme Court
refers a ballot title to the Attorney General under this section,
the Attorney General shall file a modified ballot title with the
Supreme Court and serve copies of the modified ballot title on
all parties to the ballot title review proceeding. If no party to
the ballot title review proceeding files an objection to the
modified ballot title within five business days after the date
the modified ballot title is filed, the Supreme Court shall
certify the modified ballot title to the Secretary of State and
enter an appellate judgment the next judicial day. If any of the
parties to the ballot title review proceeding timely files a
petition objecting to the modified ballot title, the Supreme
Court shall review the modified ballot title to determine whether
the modified ballot title substantially complies with the
requirements of ORS 250.035.
' (10) Upon the filing of a petition under subsection (9) of
this section objecting to a modified ballot title:
' (a) If the Supreme Court determines that the modified ballot
title substantially complies with the requirements of ORS
250.035, the court shall certify the modified ballot title to the
Secretary of State; or
' (b) If the Supreme Court determines that the modified ballot
title does not substantially comply with the requirements of ORS
250.035, the court shall modify the ballot title and certify the
ballot title to the Secretary of State or refer the modified
ballot title to the Attorney General for additional modification
and further proceedings under subsection (9) of this section.
' { + SECTION 16. + } 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) Signatures of electors contained in a statement of
sponsorship filed with a prospective petition for a state measure
to be initiated under ORS 250.045 shall be considered under this
section for the purpose of determining the number of signatures
filed and verifying whether the initiative petition contains the
required number of signatures.
' (c) + }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) { - An initiative or - } { + A + } referendum
petition relating to a state measure shall not be accepted for
filing if it contains less than 100 percent of the required
number of signatures.
' { + (3) 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 ORS
250.045 and submitted for filing under this section amounts to
less than 100 percent of the required number of signatures. + }
' { - (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 17. + } { + Sections 10 and 11 of this 2003
Act and the amendments to ORS 246.910, 250.005 and 250.044 by
sections 9, 12 and 13 of this 2003 Act:
' (1) 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.
' (2) Do not apply to petitions to initiate a state measure for
which a prospective petition is filed prior to the effective date
of this 2003 Act. + }
' { + SECTION 18. + } { + Sections 6, 7 and 8 of this 2003
Act and the amendments to ORS 250.035, 250.045, 250.065, 250.085,
250.105 and 254.085 by sections 2 to 4 and 14 to 16 of this 2003
Act:
' (1) Apply to petitions to initiate a state measure for which
a prospective petition is filed on or after the operative date
specified in section 19 of this 2003 Act.
' (2) Do not apply to petitions to initiate a state measure for
which a prospective petition is filed prior to the operative date
specified in section 19 of this 2003 Act. The provisions of ORS
250.035, 250.045, 250.065, 250.085, 250.105 and 254.085 in effect
on the day prior to the operative date specified in section 19 of
this 2003 Act apply to petitions to initiate a state measure for
which a prospective petition is filed prior to the operative date
specified in section 19 of this 2003 Act, as if the provisions of
ORS 250.035, 250.045, 250.065, 250.085, 250.105 and 254.085 had
not been amended by sections 2 to 4 and 14 to 16 of this 2003
Act. + }
' { + SECTION 19. + } { + (1) Sections 6, 7 and 8 of this
2003 Act and the amendments to ORS 250.035, 250.045, 250.065,
250.067, 250.085, 250.105 and 254.085 by sections 2 to 5 and 14
to 16 of this 2003 Act become operative on the 120th day after
the effective date of this 2003 Act.
' (2) The Chief Justice of the Supreme Court and the
Legislative Counsel may take any action under sections 6, 7 and 8
of this 2003 Act and ORS 250.035, 250.045, 250.065, 250.067,
250.085, 250.105 and 254.085 as amended by sections 2 to 5 and 14
to 16 of this 2003 Act prior to the operative date specified in
subsection (1) of this section that is necessary to enable the
Chief Justice, the Legislative Counsel and the three-judge panel
appointed under section 7 of this 2003 Act to exercise, on and
after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred on the
Chief Justice, the Legislative Counsel and the three-judge panel
by sections 6, 7 and 8 of this 2003 Act and the amendments to ORS
250.035, 250.045, 250.065, 250.067, 250.085, 250.105 and 254.085
by sections 2 to 5 and 14 to 16 of this 2003 Act. + }
' { + SECTION 20. + } { + 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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