72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 137
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 Secretary of State Bill
Bradbury)
CHAPTER ................
AN ACT
Relating to voters' pamphlets; amending ORS 251.049, 251.075 and
251.405.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 251.075 is amended to read:
251.075. (1) A candidate { - shall - } { + may + } not
submit for inclusion in the voters' pamphlet a portrait that was
taken more than { - two - } { + four + } years before the date
the portrait is filed with the Secretary of State.
(2) A portrait submitted for inclusion in the voters' pamphlet
shall:
(a) Be a conventional photograph with a plain background;
(b) Show the face or the head, neck and shoulders of the
candidate; and
(c) Be prepared and processed for printing as prescribed by the
Secretary of State.
(3) A portrait submitted for inclusion in the voters' pamphlet
{ - shall - } { + may + } not:
(a) Include the hands or anything held in the hands of the
candidate;
(b) Show the candidate wearing a judicial robe, a hat or a
military, police or fraternal uniform; and
(c) Show the uniform or insignia of any organization.
(4) The Secretary of State by rule shall prescribe the size and
manner of placement of the portrait printed in the voters'
pamphlet, except that the size of a portrait shall not be smaller
than 1.5 inches by 1.75 inches. The rule shall apply in the same
manner to all candidates for the same nomination or office.
SECTION 2. ORS 251.049 is amended to read:
251.049. (1) Except as provided in subsection (2) of this
section, the Secretary of State { - shall - } { + may + } not
print the name { + or title + } of { - any - } { + a + }
person or { + the name of an + } organization in { - any - }
{ + an + } argument supporting or opposing any measure or
{ - any - } { + a + } statement of any candidate, political
party or assembly of electors filed for inclusion in the voters'
pamphlet, if the name { + or title + } of the person or { + the
name of the + } organization is cited as supporting or indorsing
the argument or statement.
Enrolled Senate Bill 137 (SB 137-A) Page 1
(2) The Secretary of State may print the name { + or title + }
of a person or { + the name of an + } organization in an
argument or statement submitted for inclusion in the voters'
pamphlet as supporting or indorsing the argument or statement if:
(a) Not later than the deadline for filing an argument or
statement with the Secretary of State, the secretary receives a
statement signed by the person, or by an authorized person on
behalf of an organization, stating that the person consents to
the use of the name { + or title + } of the person or { + the
name of the + } organization; or
(b) The name { + or title + } of a person or { + the name of
an + } organization is used with a quotation made by the person
{ - on behalf of the person - } or by an authorized person on
behalf of an organization, the quotation was disseminated to the
public prior to its inclusion in the argument or statement and
the quotation is identified by its source and date.
(3) A person may not:
(a) Submit a false signature under subsection (2) of this
section; or
(b) Alter the manner in which a person signing a statement of
consent described in subsection (2) of this section designates
the person's name or title or the name of the organization the
person represents to appear in the argument or statement. This
paragraph does not prohibit revisions allowed or required under
ORS 251.055 or 251.087.
SECTION 3. ORS 251.405 is amended to read:
251.405. (1) Except as provided in subsection (2) of this
section, the county clerk { - shall - } { + may + } not print
the name { + or title + } of { - any - } { + a + } person or
{ + the name of an + } organization in { - any - }
{ + an + } argument supporting or opposing any measure or
{ - any - } { + a + } statement of any candidate, filed for
inclusion in a county voters' pamphlet, if the name { + or
title + } of the person or { + the name of the + } organization
is cited as supporting or endorsing the argument or statement.
(2) The county clerk may print the name { + or title + } of a
person or { + the name of an + } organization in an argument or
statement submitted for inclusion in a county voters' pamphlet as
supporting or endorsing the argument or statement if:
(a) Not later than the deadline for filing an argument or
statement with the county clerk, the county clerk receives a
statement signed by the person, or by an authorized person on
behalf of an organization, stating that the person consents to
the use of the name { + or title + } of the person or { + the
name of the + } organization; or
(b) The name { + or title + } of a person or { + the name of
an + } organization is used with a quotation made by the person
{ - on behalf of the person - } or by an authorized person on
behalf of an organization, the quotation was disseminated to the
public prior to its inclusion in the argument or statement and
the quotation is identified by its source and date.
(3) A person { - shall - } { + may + } not { + :
(a) + } Submit a false signature under subsection (2) of this
section { + ; or
(b) Alter the manner in which a person signing a statement of
consent described in subsection (2) of this section designates
the person's name or title or the name of the organization the
person represents to appear in the argument or statement. This
paragraph does not prohibit revisions allowed or required under
ORS 251.415 + }.
Enrolled Senate Bill 137 (SB 137-A) Page 2
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Passed by Senate March 31, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 15, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 137 (SB 137-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 137 (SB 137-A) Page 4