Chapter 506 Oregon Laws 2005

AN ACT

HB 3223

Relating to major political parties; creating new provisions; and amending ORS 248.026, 248.033, 248.035 and 248.075.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 248.033 is amended to read:

248.033. (1) The organizational meeting of a [newly elected] county central committee shall be held [not sooner than the sixth day following the mailing of the notice of the organizational meeting required by subsection (2) of this section and not later than the 50th day after the date of the primary election or the 50th day after the date of the general election, as provided by state party rule] no less frequently than every 25 months.

(2) The retiring county central committee shall prepare a written notice designating the time, date and place of the meeting[. A copy of the notice for each newly elected precinct committeeperson shall be filed with the county clerk not later than the 10th day following the primary election] and file a copy of the notice with the county clerk not later than the 40th day before the date of the meeting. The retiring county central committee also shall mail a copy of the notice to the [retiring] state central committee.

[(2)] (3) [The county clerk shall mail a copy of the notice of the organizational meeting to each newly elected precinct committeeperson when the county clerk mails the certificate of election or acceptance of office required by ORS 248.023 (1).] Upon request of a county central committee, the county clerk shall provide the county central committee, without charge, a list of the names, addresses and other contact information, including electronic mail addresses or telephone numbers, of persons holding the office of precinct committeeperson for that major political party on the date the clerk receives notice of an organizational meeting under subsection (2) of this section.

[(3)] (4) [If the organizational meeting is held after the general election,] The chairperson of the retiring county central committee shall mail a [second] copy of the notice of the time, date and place of the meeting, not later than the 10th day before the meeting, to each member of the [newly elected] county central committee. If permitted by the bylaws of the county central committee, the county central committee may notify members by means other than by mail.

SECTION 2. ORS 248.075 is amended to read:

248.075. (1) The state central committee shall consist of at least two delegates from each county central committee and other delegates from each county equal to the number of party members in the county registered on the date of the primary election divided by 15,000. If the remaining number exceeds 7,500, one additional delegate shall represent the county. [Such] The delegates and an equal number of alternate delegates shall be selected by the county central committee. When a delegate of a county central committee is unable to attend a meeting of the state central committee, an alternate delegate of the county central committee may attend the meeting.

(2) The organizational meeting of a newly elected state central committee shall be held [not earlier than the 55th day and not later than the 75th day after the date of the general election, as] on a date to be determined by party rule. [The time, date and place of the state organizational meeting shall be designated by the chairperson of] The retiring state central committee [who also] shall mail notice of the meeting, not later than the sixth day before the meeting, to each member of the newly elected state central committee. If permitted by the bylaws of the state central committee, the state central committee may notify members by means other than by mail.

(3) The chairperson of the retiring state central committee shall mail a notice of the meeting to the county central committees not later than the 45th day before the meeting. The state central committee may not reorganize without the mailing of this notification.

(4) If a county central committee fails to organize before the organizational meeting of the state central committee, the appointed temporary chairperson of the county central committee may act as the sole delegate from that committee to the state central committee.

(5) [If the chairperson of the retiring state central committee fails to call the organizational meeting of the newly elected state central committee as prescribed by subsection (2) of this section, the vice chairperson of the retiring state central committee, not later than the 20th day after the latest date allowed by party rule under subsection (2) of this section, shall designate the time, date and place of an organizational meeting and give notice of it not later than the sixth day before the meeting. If neither the chairperson nor vice chairperson calls an organizational meeting] If the retiring state central committee does not mail notice of the organizational meeting under subsection (2) of this section, the meeting may be called by a petition signed by at least 19 chairpersons of the county central committees. The petition shall state the time, date and place of the organizational meeting. A copy of the petition shall be mailed to each newly elected chairperson and vice chairperson of the county central committees not later than the sixth day before the meeting. A copy of the petition shall be filed with the Secretary of State.

SECTION 3. ORS 248.026 is amended to read:

248.026. (1) The members of a county central committee may select a member of the major political party who is registered in the precinct in which the vacancy exists, or registered in a precinct within the same county adjoining that precinct, to fill a vacancy in the office of precinct committeeperson.

(2) When a county central committee votes to select a person to fill a vacancy in the office of precinct committeeperson, the chairperson of the committee shall give written notice to the county clerk of the proposed selection. The selection shall take effect when the county clerk upon timely verification of eligibility, places the name of the person selected on the list of committeepersons. The county clerk shall then send written notice of the selection to the person and the county central committee.

(3) A person selected to fill a vacancy in the office of precinct committeeperson may be removed from office at the pleasure of the central committee, but, except as provided in subsection (4) of this section, otherwise shall hold the office for the unexpired term and shall have the powers, duties and privileges of an elected committeeperson.

(4) A person selected to fill a vacancy in the office of precinct committeeperson may not vote on the election of county central committee officers at the organizational meeting of the [newly elected] committee as provided in ORS 248.035. A person selected to fill a vacancy in the office of precinct committeeperson may vote to fill any vacancy in a committee office after the organizational meeting.

SECTION 4. ORS 248.035 is amended to read:

248.035. (1) At the organizational meeting of [the newly elected] a county central committee:

(a) The officers of the retiring county central committee shall make available to the [newly elected] committee the property, records and funds owned or controlled by the retiring committee.

(b) The [newly elected] committee next shall elect a chairperson, vice chairperson and other officers the committee considers necessary. The persons elected to the offices need not be members of the county central committee. The committee shall determine the term of each office. Only a newly elected precinct committeeperson may vote on the election of committee officers.

(2) The [newly] elected chairperson, within 48 hours of the chairperson’s election, shall send a list of the [newly elected] officers of the committee to the county clerk and to the [retiring] state central committee.

(3) Only a newly elected precinct committeeperson or a person appointed or selected to fill a vacancy in the office of committeeperson may vote to fill a vacancy in a committee office. Immediately before a meeting of the county central committee at which there may be an election to fill a vacancy in a committee office, the chairperson shall obtain from the county clerk a list of committee members. The list shall determine the eligibility of a committeeperson to vote to fill a vacancy in a committee office.

SECTION 5. The first organizational meeting of a county central committee held under ORS 248.033, as amended by section 1 of this 2005 Act, must be held not later than 25 months after the immediately preceding organizational meeting held prior to the effective date of this 2005 Act.

Approved by the Governor July 13, 2005

Filed in the office of Secretary of State July 14, 2005

Effective date January 1, 2006

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