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
Minority Report
A-Engrossed
Senate Bill 102
Ordered by the Senate April 8
Including Senate Minority Report Amendments dated April 8
Sponsored by nonconcurring members of the Senate Committee on
Rules: Senators BEYER, ATKINSON
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 total number of signatures required on state
initiative petition to obtain ballot title. Allows intermediate
filing of signatures for purpose of obtaining ballot title. - }
{ + Allows chief petitioner to draft ballot title of petition
filed with Secretary of State. Permits filing petition with
Supreme Court for different ballot title. Authorizes Supreme
Court to choose ballot title or to request that Attorney General
write ballot title.
Allows initiative petition to be circulated for 18 months after
approved by Secretary of State for circulation. Requires filing
petition for purposes of verifying signatures at least four
months before general election. + }
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 250.045, 250.065, 250.067, 250.085 and 254.085.
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 { + and shall include a draft
ballot title + }. 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 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.
(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
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 - } { + a petition seeking a different ballot
title is filed with the Supreme Court + }, the cover of the
initiative petition shall contain the 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 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) 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 250.065 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 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. ORS 250.067 is amended to read:
250.067. (1) The Secretary of State, upon receiving a draft
ballot title from { + a chief petitioner under ORS 250.045 or
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 { + chief petitioner or + }
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 { + chief
petitioner or + } Attorney General. The secretary shall maintain
a record of written comments received.
(2) The { + chief petitioner or + } Attorney General shall
consider any written comments submitted under subsection (1) of
this section { - and - } { + . The Attorney General + } 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.
{ + The chief petitioner shall file with 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. The Secretary of State shall certify the
ballot title. + } If no written comments are submitted to the
Secretary of State, the { + Secretary of State or 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 { + chief petitioner or + } 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, - } { + Except as provided in this subsection, + } the
ballot title
{ - provided - } { + certified + } by the { + Secretary of
State or the + } Attorney General under subsection (2) of this
section shall be the title printed in the voters' pamphlet and on
the ballot. { + If a petition seeking a different ballot title
is filed with the Supreme Court under ORS 250.085, the title
certified by the court shall be the title printed in the voters'
pamphlet and on the ballot. + }
(4) If a petition { - for review of a - } { + seeking a
different + } ballot title is filed with the Supreme Court
{ - as provided in - } { + under + } 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 4. 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 referred measure - } certified by { + the
Secretary of State or + } 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. { + A petition filed with respect to a ballot title
certified by the Secretary of State shall contain a proposed
alternative ballot title. + }
(3) The petition shall name the { + chief petitioner or + }
Attorney General as the respondent and must be filed:
(a) Not later than the 10th business day after the
{ + Secretary of State certifies a ballot title or 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 - }
{ + certified + } by { + the Secretary of State or + } 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 Secretary of State or + } 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.
{ + (9) + } 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.
{ + (10) If the Supreme Court determines that the title
certified by the Secretary of State does not substantially comply
with the requirements of ORS 250.035, the court shall consider
whether any alternative title submitted by an elector filing a
petition under this section substantially complies with the
requirements of ORS 250.035. If the Supreme Court determines that
one or more of the submitted titles substantially complies with
the requirements of ORS 250.035, the court shall select the title
that most substantially complies with the requirements of ORS
250.035 and certify the title to the Secretary of State. If the
Supreme Court determines that no title submitted by an elector
filing a petition under this section substantially complies with
the requirements of ORS 250.035, the court shall refer the ballot
title to the Attorney General for modification. + }
{ - (9) - } { + (11) + } 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) - } { + (12) + } Upon the filing of a petition
under subsection
{ - (9) - } { + (11) + } 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) - }
{ + (11) + } of this section.
SECTION 5. 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 - }
{ + certified under ORS 250.067, prepared by the Legislative
Assembly under ORS 250.075 or certified by the Supreme Court
under ORS 250.085 + } and the financial estimates under ORS
250.125. The Secretary of State shall keep a copy of the
statement.
SECTION 6. { + Section 7 of this 2003 Act is added to and made
a part of ORS chapter 250. + }
SECTION 7. { + (1) An initiative petition relating to a state
measure may be circulated for signatures of electors for at least
18 months following the date that the Secretary of State approves
the petition for circulation under ORS 250.045.
(2) Except as provided in subsection (3) of this section, an
initiative petition relating to a state measure shall be filed
with the Secretary of State under ORS 250.105 for the purpose of
verifying whether the petition contains the required number of
signatures of electors not later than the date that:
(a) Is not less than four months before a general election; and
(b) Allows the petition to be circulated for signatures of
electors for at least 18 months following the date that the
Secretary of State approves the petition for circulation under
ORS 250.045.
(3) Nothing in this section prohibits the filing of a petition
relating to a state measure under ORS 250.105 on a date that is
sooner than 18 months following the date that the Secretary of
State approves the petition for circulation under ORS
250.045. + }
SECTION 8. { + Section 7 of this 2003 Act and the amendments
to ORS 250.045, 250.065, 250.067, 250.085 and 254.085 by sections
1 to 5 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. + }
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