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 1634
 
                           A-Engrossed
 
                         Senate Bill 319
                 Ordered by the Senate March 26
           Including Senate Amendments dated March 26
 
Sponsored by Senator WALKER
 
 
                             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.
 
  Prescribes deadline for individual nominated or elected by
write-in votes to file form accepting nomination or office.
Specifies deadlines for filing officer to deliver form and
certificate of nomination or election to individual. { +
Requires certain write-in candidates to file statement of
economic interest. + }
    { - Makes related changes in schedule for recount demands in
election involving write-in candidate. - }
 
                        A BILL FOR AN ACT
Relating to write-in votes; amending ORS 244.050, 254.545,
  254.548, 254.555, 254.565 and 255.295.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 254.548 is amended to read:
  254.548.  { + (1) + } An individual nominated or elected to a
public office by write-in votes shall sign and file a form
indicating that the individual accepts the nomination or office
before the filing officer may issue a certificate of nomination
or election.  The Secretary of State by rule shall prescribe the
form to be used under this section.  { + The form shall be filed
with the filing officer not later than the deadline specified in
subsection (2)(b) of this section.
  (2) In the case of an individual nominated or elected by
write-in votes to a public office:
  (a) Not later than the 30th day after the election, the filing
officer shall prepare and deliver the form described in
subsection (1) of this section to the individual;
  (b) Not later than the 45th day after the election, if the
individual accepts the nomination or office, the individual shall
sign and file the form with the filing officer; and
  (c) Not later than the 50th day after the election, if the
individual files the form by the deadline specified in paragraph
(b) of this subsection, the filing officer shall prepare and
deliver a certificate of nomination or election to the individual
and, if applicable, issue a proclamation declaring the election
of the candidate to the office. + }
  SECTION 2. ORS 254.545 is amended to read:
  254.545.  { + Subject to ORS 254.548, + } the county clerk:
  (1) As soon as possible after any election, shall prepare
abstracts of votes. The abstract for election of Governor shall
be on a sheet separate from the abstracts for other offices and
measures.
  (2) On completion of the abstracts, shall record a complete
summary of votes cast in the county for each office, candidate
for office and measure. The county clerk shall sign and certify
this record. After the primary election, the county clerk, for
each office for which the clerk is filing officer, shall enter in
a register of nominations the name and, if applicable, major
political party of each candidate nominated, the office for which
the candidate is nominated, and the date of entry.
  (3) Not later than the 20th day after the election, shall
deliver a copy of the abstracts for other than county offices to
the appropriate elections officials. The abstract for election of
Governor shall be delivered separately to the Secretary of State
as provided in section 4, Article V, Oregon Constitution.
  (4) Not later than the 30th day after the election, shall
proclaim which county measure is paramount, if two or more
approved county measures contain conflicting provisions.
  (5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to county or precinct offices.
  (6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks
are entitled. The county governing body shall order the
compensation paid by county funds.
  SECTION 3. ORS 254.555 is amended to read:
  254.555. (1)  { + Except as provided in ORS 254.548, + } not
later than the 30th day after any election, the Secretary of
State, regarding offices for which the secretary receives filings
for nomination, shall:
  (a) Canvass the votes for the offices, except the office of
Governor after the general election.
  (b) Enter in a register of nominations after the primary
election the name and, if applicable, major political party of
each candidate nominated, the office for which the candidate is
nominated, and the date of entry.
  (c) Prepare and deliver a certificate of nomination or election
to each candidate having the most votes for nomination for or
election to the office. The Secretary of State shall sign the
certificate under the seal of the state.
  (d) Issue a proclamation declaring the election of candidates
to the offices.
  (2) Not later than the 30th day after the election:
  (a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
  (b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure.  If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
  SECTION 4. ORS 254.565 is amended to read:
  254.565.  { + Subject to ORS 254.548, + } the chief city
elections officer:
  (1) After the primary election, shall enter in a register of
nominations:
  (a) The name of each candidate for city office nominated at the
primary election.
  (b) The office for which the candidate is nominated.
  (c) If applicable, the name of the major political party
nominating the candidate.
  (d) The date of the entry.
 
 
  (2) After the general election, shall prepare and deliver a
certificate of election to each qualified candidate having the
most votes for election to a city office.
  (3) Not later than the 30th day after any election, shall
canvass the vote on each city measure, and if two or more of the
approved measures contain conflicting provisions, proclaim which
is paramount.
  SECTION 5. ORS 255.295 is amended to read:
  255.295. (1) Not later than the 20th day after the date of an
election, the county clerk shall prepare an abstract of the votes
and deliver it to the district elections authority. Not later
than the 30th day after receiving the abstract the district
elections authority shall determine from it the result of the
election.
  (2)  { + Subject to ORS 254.548, + } a certificate of election
shall be issued by the county clerk only after the district
elections authority has notified the county clerk in writing of
the result of the election. The notification to the county clerk
shall contain a statement indicating whether any candidate
elected to district office is qualified to hold the office.
  SECTION 6. ORS 244.050 is amended to read:
  244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
  (a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
  (b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
  (c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
  (d) The Deputy Attorney General.
  (e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
  (f) The Chancellor and Vice Chancellors of the Oregon
University System and the president and vice presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
  (g) The following state officers:
  (A) Adjutant General.
  (B) Director of Agriculture.
  (C) Manager of State Accident Insurance Fund Corporation.
  (D) Water Resources Director.
  (E) Director of Department of Environmental Quality.
  (F) Director of Oregon Department of Administrative Services.
  (G) Director of the Oregon State Fair and Exposition Center.
  (H) State Fish and Wildlife Director.
  (I) State Forester.
  (J) State Geologist.
  (K) Director of Human Services.
  (L) Director of the Department of Consumer and Business
Services.
  (M) Director of Division of State Lands.
  (N) State Librarian.
  (O) Administrator of Oregon Liquor Control Commission.
  (P) Superintendent of State Police.
  (Q) Director of the Public Employees Retirement System.
  (R) Director of Department of Revenue.
  (S) Director of Transportation.
  (T) Public Utility Commissioner.
  (U) Director of Veterans' Affairs.
  (V) Executive Director of Oregon Government Standards and
Practices Commission.
  (W) Administrator of the Office of Energy.
  (X) Director and each assistant director of the Oregon State
Lottery.
  (h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
  (i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
  (j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
  (k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
  (L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
  (m) Every member of a governing body of a metropolitan service
district and the executive officer thereof.
  (n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
  (o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
  (p) Every member of the following state boards and commissions:
  (A) Capitol Planning Commission.
  (B) Board of Geologic and Mineral Industries.
  (C) Oregon Economic and Community Development Commission.
  (D) State Board of Education.
  (E) Environmental Quality Commission.
  (F) Fish and Wildlife Commission of the State of Oregon.
  (G) State Board of Forestry.
  (H) Oregon Government Standards and Practices Commission.
  (I) Oregon Health Council.
  (J) State Board of Higher Education.
  (K) Oregon Investment Council.
  (L) Land Conservation and Development Commission.
  (M) Oregon Liquor Control Commission.
  (N) Oregon Short Term Fund Board.
  (O) State Marine Board.
  (P) Mass transit district boards.
  (Q) Energy Facility Siting Council.
  (R) Board of Commissioners of the Port of Portland.
  (S) Employment Relations Board.
  (T) Public Employees Retirement Board.
  (U) Oregon Racing Commission.
  (V) Oregon Transportation Commission.
  (W) Wage and Hour Commission.
  (X) Water Resources Commission.
  (Y) Workers' Compensation Board.
  (Z) Oregon Facilities Authority.
  (AA) Oregon State Lottery Commission.
 
  (BB) Pacific Northwest Electric Power and Conservation Planning
Council.
  (CC) Columbia River Gorge Commission.
  (DD) Oregon Health and Science University Board of Directors.
  (q) The following officers of the State Treasury:
  (A) Chief Deputy State Treasurer.
  (B) Executive Assistant to the State Treasurer.
  (C) Director of the Investment Division.
  (2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
  (3) By April 15 next after the filing   { - date - }
 { + deadline + } for the primary election, each candidate for
elective public office described in subsection (1) of this
section shall file with the commission a statement of economic
interest as required under ORS 244.060, 244.070 and 244.090.
  (4) Within 30 days after the filing   { - date - }
 { + deadline + } for the general election, each candidate for
elective public office described in subsection (1) of this
section who was not a candidate in the preceding primary
election { + , or who was nominated for elective public office
described in subsection (1) of this section at the preceding
primary election by write-in votes, + } shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
  (5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
  (6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15.  Those sections also apply to persons who do not become
candidates until 30 days after the filing   { - date - }
 { + deadline + } for the statewide general election.
  (7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
  (b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
  (c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
  (d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
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