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 493
B-Engrossed
Senate Bill 139
Ordered by the Senate August 12
Including Senate Amendments dated August 5 and August 12
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)
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.
{ + Establishes Voters' Pamphlet Operating Account. Specifies
that moneys received by Secretary of State as voters' pamphlet
fees be deposited in account. Appropriates money in account to
Secretary of State for voters' pamphlet purposes. + }
Modifies list of materials to be included in state voters'
pamphlet. Directs Secretary of State to make certain information
available in electronic format and upon request.
Modifies fees for submission of materials for inclusion in
state voters' pamphlet.
Directs Secretary of State to set size and format requirements
by rule for certain materials submitted for inclusion in state
voters' pamphlet.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
251.012, 251.016, 251.026, 251.067, 251.095, 251.115, 251.185,
251.245, 251.255, 251.265, 251.285, 251.325 and 251.355;
repealing ORS 251.069; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 251.012 is amended to read:
251.012. { - The Secretary of State by rule shall prescribe
the size, format and method of distribution of any state voters'
pamphlet, subject to the limits described in this chapter. - }
{ + (1) Subject to the limits described in this chapter, the
Secretary of State by rule shall prescribe the size, format and
method of distribution of any state voters' pamphlet.
(2) Not later than the 20th day before each election for which
a state voters' pamphlet is prepared, the Secretary of State
shall make the following information available in an electronic
format:
(a) All material included in the voters' pamphlet;
(b) The full text of all state measures to be voted upon at the
election for which the voters' pamphlet is prepared; and
(c) Maps showing the boundaries of congressional districts,
state senatorial and representative districts and metropolitan
service districts. Maps of a metropolitan service district must
illustrate the boundaries of each subdistrict within the
district. Maps of an electoral district must be made available
under this paragraph only if material of a candidate for
nomination or election to an office of the electoral district is
included in the printed state voters' pamphlet.
(3) For each election for which a state voters' pamphlet is
prepared, the Secretary of State, upon request, shall provide to
an elector:
(a) The full text of a state measure to be voted upon at the
election for which the voters' pamphlet is prepared; and
(b) A map showing the boundaries of a congressional district,
state senatorial and representative district or metropolitan
service district. A map of a metropolitan service district must
illustrate the boundaries of each subdistrict within the
district. A map of an electoral district must be provided under
this paragraph only if material of a candidate for nomination or
election to an office of the electoral district is included in
the printed state voters' pamphlet.
(4) For the primary election, the Secretary of State shall make
available in an electronic format, and provide to an elector upon
request, a statement of the duties and responsibilities of a
precinct committeeperson to be elected at the primary election.
The statement shall be made available and provided only if the
statement is filed with the secretary by a major political party
not later than the 68th day before the primary election. The
secretary shall make the statement available in an electronic
format not later than the 20th day before the date of the primary
election. + }
SECTION 2. ORS 251.026 is amended to read:
251.026. { - (1) - } The Secretary of State shall prepare
and have printed in the voters' pamphlet for the state primary
election, the general election and any special election described
in ORS 251.022 a statement containing, if applicable:
{ - (a) - } { + (1) + } Requirements for a citizen to
qualify as an elector.
{ - (b) - } { + (2) + } When an elector is required to
register or update a registration.
{ - (c) In the voters' pamphlet for the primary election, a
statement of the duties and responsibilities of a precinct
committeeperson to be elected at the primary election. - }
{ - (d) - } { + (3) + } Any other information the Secretary
of State considers relevant to the conduct of the election.
{ - (2) The Secretary of State shall include a statement on
the cover of the voters' pamphlet that the pamphlet may be used
to assist electors in voting. - }
{ - (3) The Secretary of State may include in the voters'
pamphlet the following information: - }
{ - (a) Maps showing the boundaries of senatorial and
representative districts. - }
{ - (b) Voter registration forms. - }
{ - (c) Elector instructions, including the right of an
elector to request a second ballot if the first ballot is spoiled
and the right of an elector to seek assistance in marking the
ballot. - }
SECTION 3. ORS 251.067 is amended to read:
251.067. (1) A candidate or agent on behalf of the candidate
for nomination or election to any county or city office, or to an
elected office of a metropolitan service district organized under
ORS chapter 268, may file a portrait or statement for inclusion
in the state voters' pamphlet under ORS 251.065 if a county
voters' pamphlet described in ORS 251.305 to 251.435 is not
prepared for the election in each county in which the electoral
district of the candidate is located.
(2) { + The text of + } a county measure or a measure of a
metropolitan service district organized under ORS chapter 268,
and the ballot title, explanatory statement and arguments
relating to the measure, shall be included in the state voters'
pamphlet as provided in ORS 251.285, if a county voters' pamphlet
described in ORS 251.305 to 251.435 is not prepared:
(a) For the election on the county measure; or
(b) In each county in which the metropolitan service district
is located, for the election on the metropolitan service district
measure.
(3) If a county voters' pamphlet described in ORS 251.305 to
251.435 is prepared for an election at which a candidate for
nomination or election to any county or city office, or to an
elected office of a metropolitan service district organized under
ORS chapter 268, is listed on the ballot, or at which a county
measure or a measure of a metropolitan service district organized
under ORS chapter 268 is listed on the ballot, the county voters'
pamphlet shall include the county or city office, the office of
the metropolitan service district or the county measure or
measure of the metropolitan service district. Such offices and
{ + the text, ballot titles, explanatory statements and
arguments relating to the + } measures { - shall - }
{ + may + } not be included in any state voters' pamphlet
prepared for the election and distributed in the county for which
the county voters' pamphlet is prepared.
(4) If a city or metropolitan service district organized under
ORS chapter 268 is located in more than one county, and a county
in which the city or metropolitan service district is located
does not prepare a county voters' pamphlet described in ORS
251.305 to 251.435 for the election, candidates for nomination or
election to any city office or an elected office of the
metropolitan service district, and { + the text, ballot title,
explanatory statement and arguments relating to + } any measure
of the metropolitan service district, shall be included in the
state voters' pamphlet to be distributed to the county that does
not prepare a county voters' pamphlet. The Secretary of State
shall designate the candidates and measures { - that may - }
{ + for which material may + }be included in the state voters'
pamphlet under this subsection.
SECTION 4. ORS 251.095 is amended to read:
251.095. (1) At the time materials are filed under ORS 251.065,
each candidate for nomination or election to { - any of the
following offices - } { + an office listed in this
subsection + } shall pay to the Secretary of State { - the
following - } { + a + } fee for space in the voters'
pamphlet { + . The fee shall be + }:
{ + (a) For the primary or any special election: + }
{ - (a) - } { + (A) + } President or Vice President of the
United States, United States Senator, Representative in Congress
or any state office to be voted for in the state at large,
$1,000.
{ - (b) - } { + (B) + } State Senator, state Representative
or any other office, $300.
{ + (b) For the general election:
(A) President or Vice President of the United States, $10,000;
(B) United States Senator or any state office to be voted for
in the state at large, $7,000;
(C) Representative in Congress, $4,000;
(D) State Senator, $2,000; or
(E) State Representative or any other office, $1,000. + }
(2) The space allotted to each candidate shall be used for
materials filed under ORS 251.065, including the portrait and
statement of reasons the candidate should be nominated or elected
and the information required under ORS 251.085. If a portrait is
not filed, the statement may cover the entire allotted space.
{ - The length of the statement shall not exceed 325 words. - }
All materials submitted by a candidate under ORS 251.065 shall
fit within { - 30 - } { + 15 + } square inches of space { +
in accordance with rules adopted by the Secretary of State under
ORS 251.012 + }. All candidates shall be allowed the same amount
of space.
SECTION 5. ORS 251.115 is amended to read:
251.115. (1) Not later than the 70th day before the general
election, the party officers as designated in the organizational
documents of any statewide political party or assembly of
electors having nominated candidates may file with the Secretary
of State a printed or typewritten statement of arguments for the
success of its principles and election of its candidates on a
statewide basis and opposing the principles and candidates of
other political parties or organizations on a statewide basis.
(2) Not later than the 70th day before the general election,
the party officers as designated in the organizational documents
of any less than statewide political party or assembly of
electors having nominated candidates may file with the Secretary
of State a typewritten statement of arguments for the success of
its principles and election of its candidates on a county basis
and opposing the principles and candidates of other political
parties or organizations on a county basis.
(3) The size of the statements permitted under this section
{ - shall - } { + may + } not exceed 60 square inches for any
statewide political party or assembly of electors having
nominated candidates and 30 square inches for any less than
statewide political party or assembly of electors having
nominated candidates. The fee for a statement filed under this
section shall be { - $600 - } { + $3,000 + } for any
statewide political party or assembly of electors having
nominated candidates and { - $300 - } { + $1,500 + } for any
less than statewide political party or assembly of electors
having nominated candidates.
SECTION 6. ORS 251.185 is amended to read:
251.185. (1) The Secretary of State shall have printed in the
voters' pamphlet for a general election or any special election
{ - a copy of the title and text of - } { + the following
information for + } each state measure to be submitted to the
people at the election for which the pamphlet was prepared { - .
Each measure shall be printed in the pamphlet with the number,
ballot title and the financial estimates under ORS 250.125, if
any, to be printed on the official ballot, and with the
explanatory statement and arguments relating to it - } { + :
(a) The number, text and ballot title of the measure;
(b) The financial estimates prepared for the measure under ORS
250.125, if any;
(c) The explanatory statement prepared for the measure; and
(d) Arguments relating to the measure and filed with the
Secretary of State + }.
(2) { - A county measure or measure of a metropolitan service
district organized under ORS chapter 268, and ballot title,
explanatory statement and arguments relating to the measure,
filed by the county or metropolitan service district under ORS
251.285 shall be included in the voters' pamphlet described in
subsection (1) of this section if required under ORS 251.067. - }
{ + If required under ORS 251.067 and filed under ORS 251.285,
the Secretary of State shall have printed in the voters' pamphlet
described in subsection (1) of this section the text, ballot
title, explanatory statement and arguments relating to a county
measure or measure of a metropolitan service district. + }
SECTION 7. ORS 251.245 is amended to read:
251.245. (1) For any measure referred to the electors by the
Legislative Assembly, an argument prepared by the Legislative
Assembly in support of the measure may be printed in the voters'
pamphlet. { + The Secretary of State by rule shall set + } the
size and length of an argument { + filed + } under this section
{ - shall be determined as specified in ORS 251.255 - } .
{ + The size and length of an argument filed under this section
may not exceed 30 square inches or 325 words. + }
(2) A joint committee consisting of one Senator, to be
appointed by the President of the Senate, and two
Representatives, to be appointed by the Speaker of the House of
Representatives, shall be appointed to prepare the argument. The
committee shall file the argument with the Secretary of State not
later than the 70th day before a general election or the 68th day
before a special election held on the date of any primary
election. There shall be no fee for including an argument
submitted under this section in the voters' pamphlet.
SECTION 8. ORS 251.255 is amended to read:
251.255. (1) Not later than the 70th day before a general
election or the 68th day before a special election held on the
date of any primary election at which a { - statewide - }
{ + state + } measure is to be voted upon, any person may file
with the Secretary of State a printed or typewritten argument
supporting or opposing the measure.
(2) A person filing an argument under this section shall pay a
fee { - of $500 - } to the Secretary of State when the
argument is filed or may submit a petition in a form prescribed
by the Secretary of State containing the { + appropriate number
of + } signatures of { - 1,000 - } electors eligible to vote
on the measure. Each person signing the petition shall subscribe
to a statement that the person has read and agrees with the
argument. The signatures on each petition shall be certified by
the county clerk in the manner provided in ORS 249.008. The
petition shall be filed with the Secretary of State.
{ - (3) The Secretary of State by rule shall establish the
size and length of arguments permitted under ORS 251.245 and this
section. The size and length of an argument shall not exceed 30
square inches or 325 words. The size and length limitations shall
be the same for arguments submitted under ORS 251.245 or this
section. - }
{ + (3) The fee or number of signatures of electors required
under subsection (2) of this section shall be as follows:
(a) For an argument not exceeding six square inches, $500 or
1,000 signatures;
(b) For an argument exceeding six square inches but not
exceeding 12 square inches, $1,000 or 2,000 signatures;
(c) For an argument exceeding 12 square inches but not
exceeding 18 square inches, $1,500 or 3,000 signatures;
(d) For an argument exceeding 18 square inches but not
exceeding 24 square inches, $2,000 or 4,000 signatures; and
(e) For an argument exceeding 24 square inches but not
exceeding 30 square inches, $2,500 or 5,000 signatures.
(4) The maximum number of words that may be contained in an
argument filed under this section shall be determined in
accordance with rules adopted by the Secretary of State under ORS
251.012. + }
SECTION 9. ORS 251.265 is amended to read:
251.265. { + (1) + } The Secretary of State shall include in
the voters' pamphlet on the page of the printed argument
{ - on - } { + relating to + } a measure { + :
(a) + } The name of the person who submitted the argument
{ - , - } { + ;
(b) + } The name of the organization the person represents, if
any { - , - } { + ; and
(c) + } Whether the argument supports or opposes the measure
{ - , and - } { + .
(2) The Secretary of State shall include in the voters'
pamphlet + }a disclaimer in substantially the following form:
_________________________________________________________________
The printing of { - this argument - } { + arguments in the
voters' pamphlet + } does not constitute an endorsement by the
State of Oregon, nor does the state warrant the accuracy or truth
of any statement made in { - the - } { + any + } argument.
_________________________________________________________________
SECTION 10. ORS 251.285 is amended to read:
251.285. (1) If { + the text of + } any county measure or any
measure of a metropolitan service district organized under ORS
chapter 268, and the ballot title, explanatory statement and
arguments relating to the measure, are to be included by the
Secretary of State in the state voters' pamphlet as provided in
ORS 251.067, the requirements of this section shall be satisfied.
(2) The { - county or district - } measure { + text + },
ballot title, explanatory statement and arguments { - shall - }
{ + may + } not be printed in the voters' pamphlet unless:
(a) The ballot title is a concise and impartial statement of
the purpose of the measure;
(b) The explanatory statement is an impartial, simple and
understandable statement explaining the measure and its effect;
(c) The county or metropolitan service district adopts and
complies with an ordinance that provides a review procedure for a
ballot title or explanatory statement which is contested because
it does not comply with the requirements of paragraph (a) or (b)
of this subsection;
(d) The county or metropolitan service district adopts and
complies with an ordinance that provides for acceptance of
typewritten arguments relating to the measure to be printed on
{ - 30 - } { + 12 + } square inches of the voters' pamphlet;
and
(e) The county or metropolitan service district does not
require of a person filing an argument a payment of more than
$300, or a petition containing more than a number of signatures
equal to 1,000 electors eligible to vote on the measure or 10
percent of the total of such electors, whichever is less.
(3) Any judicial review of a determination made under the
review procedures adopted under subsection (2)(c) of this section
shall be first and finally in the circuit court of the judicial
district in which the county is located or, for a district
measure, in the circuit court of the judicial district in which
the administrative office of the metropolitan service district is
located.
(4) If the county or metropolitan service district has adopted
and complied with ordinances prescribed in subsection (2) of this
section, the decision to include the { - county or district - }
measure { + text + }, ballot title, explanatory statement and
arguments in the voters' pamphlet shall be made by:
(a) The county governing body with regard to any county measure
or the council of the metropolitan service district with regard
to any district measure;
(b) The chief petitioners of the initiative or referendum with
regard to a county or district measure initiated or referred by
the people. The chief petitioners shall indicate their decision
in a statement signed by all of the chief petitioners and filed
with the county clerk or, for a district measure, with the
executive officer of the metropolitan service district; or
(c) A political committee, as defined in ORS 260.005, that
opposes the county or district measure. The committee shall
indicate its decision in a statement signed by every committee
director, as defined in ORS 260.005, and filed with the county
clerk or, for a district measure, with the executive officer of
the metropolitan service district.
(5) The county or metropolitan service district shall file the
measure { + text + }, ballot title, explanatory statement and
arguments with the Secretary of State not later than the 70th day
before the general election or the 68th day before a special
election held on the date of any primary election. The county or
district shall pay to the Secretary of State the cost of
including the county or district material in the pamphlet as
determined by the secretary. The Secretary of State
{ - shall - } { + may + } not have this material printed in
the pamphlet unless:
(a) The time for filing a petition for judicial review of a
determination made under subsection (2)(c) of this section has
passed; and
(b) The measure { + text + }, title, statement and
arguments { + , + } properly filed with the county or
metropolitan service district, are delivered to the secretary.
SECTION 11. ORS 251.325 is amended to read:
251.325. (1) The Secretary of State by rule shall adopt a
schedule and procedures for preparing, printing and distributing
county voters' pamphlets. The schedule and procedures shall
include but not be limited to { + :
(a) + } Deadlines for filing material for the voters' pamphlet
{ - , and except as otherwise provided by law, - } { + ;
(b) + } The { + size and + } format of material to be
submitted { + , including candidate statements and measure
arguments; + } and
{ + (c) + } The size and other requirements applicable to
candidate portraits.
(2) The Secretary of State by rule shall adopt a schedule of
fees to be charged by the county clerks for including portraits
of candidates, statements and arguments in the voters' pamphlet.
The fees need not reflect the actual cost of producing the
voters' pamphlet. The county clerk shall refund the filing fee to
any person who applies for the refund not later than the last day
for filing material for inclusion in the voters' pamphlet. When a
refund is made, the material for which the fee was paid
{ - shall - } { + may + } not be included in the pamphlet.
SECTION 12. ORS 251.355 is amended to read:
251.355. (1) Not later than the date specified by the Secretary
of State by rule, in a county that prepares a county voters'
pamphlet, any person may file with the county clerk a typewritten
argument supporting or opposing any measure to be submitted to
the voters { - on the ballot - } { + at the election for
which the pamphlet is prepared + }.
{ + (2) + } The county clerk { - shall - } { + may + }
not accept { - any - } arguments
{ - which - } { + that + } are not accompanied by the fee
established by the Secretary of State or a petition in a form
prescribed by the Secretary of State. A petition shall contain
the signatures of at least four percent of the electors in the
county eligible to vote on the measure to which the argument
refers, or the signatures of 1,000 electors in the county
eligible to vote on the measure to which the argument refers,
whichever is less. The number of registered electors in an
electoral district, for the purposes of this section, shall be
calculated on January 1 of each year. Each person signing the
petition shall subscribe to a statement that the person has read
and agrees with the argument. The signatures on each petition
shall be certified by the county clerk in the manner provided in
ORS 249.008. The petition shall be filed with the county clerk.
{ - (2) - } { + (3) + } The county clerk shall include in
the county voters' pamphlet, on the page of the printed argument
{ - , - } { + relating to a measure:
(a) + } The name of the person who submitted the argument
{ - , - } { + ;
(b) + } The name of the organization the person represents, if
any { - , - } { + ; and
(c) + } Whether the argument supports or opposes the measure
{ - and - } { + .
(4) The county clerk shall include in the county voters'
pamphlet + }a disclaimer { + stating + } that the
{ - argument - } { + printing of arguments in the county
voters' pamphlet + } does not constitute an
{ - indorsement - } { + endorsement + } by the county and
that the county does not warrant the accuracy or truth of any
statement made in { - the - } { + any + } argument.
SECTION 13. { + Section 14 of this 2003 Act is added to and
made a part of ORS chapter 246. + }
SECTION 14. { + (1) The Voters' Pamphlet Operating Account is
established separate and distinct from the General Fund of the
State Treasury.
(2) All moneys received by the Secretary of State under ORS
chapter 251, after deduction of refunds, shall be paid over to
the State Treasurer and deposited at least monthly in the Voters'
Pamphlet Operating Account.
(3) Moneys deposited to the credit of the Voters' Pamphlet
Operating Account are continuously appropriated to the Secretary
of State for the purpose of paying the expenses of carrying out
the functions and duties of the Secretary of State relating to
voters' pamphlets under ORS chapter 251. + }
SECTION 15. ORS 251.016 is amended to read:
251.016. The Secretary of State shall pay fees received under
this chapter into the { - General Fund - } { + Voters'
Pamphlet Operating Account established under section 14 of this
2003 Act + }.
SECTION 16. { + ORS 251.069 is repealed. + }
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