73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 594
B-Engrossed
House Bill 2167
Ordered by the Senate June 22
Including House Amendments dated May 5 and Senate Amendments
dated
June 22
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (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.
Revises election law.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
8.620, 44.510, 180.030, 204.005, 204.010, 236.325, 246.012,
246.185, 246.310, 246.550, 246.560, 246.910, 249.037, 249.048,
249.068, 249.076, 249.720, 249.722, 249.735, 249.740, 249.865,
250.041, 250.045, 250.065, 250.067, 250.165, 250.168, 250.175,
250.270, 250.275, 251.255, 254.005, 254.135, 254.470, 254.482,
254.485, 254.515, 254.545, 254.546, 255.140, 255.145, 258.211,
260.005, 260.007, 260.039, 260.042, 260.044, 260.045, 260.058,
260.063, 260.068, 260.073, 260.076, 260.078, 260.083, 260.085,
260.102, 260.112, 260.118, 260.205, 260.232, 260.255, 260.402,
260.715, 260.735, 260.993 and 260.995; and repealing ORS
249.015, 260.174, 260.605, 260.615, 260.625, 260.655 and
260.718.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 260.005, as amended by section 9, chapter 542,
Oregon Laws 2003, is amended to read:
260.005. As used in this chapter:
(1)(a) 'Candidate' means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual's
consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made, and whether or
not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has
been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.156, '
candidate' does not include a candidate for the office of
precinct committeeperson.
(2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
The officers of a political party shall be considered the
directors of any political party committee of that party, unless
otherwise provided in the party's bylaws.
(3)(a) Except as provided in ORS 260.007, 'contribute' or '
contribution' includes:
(A) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of
money, services other than personal services for which no
compensation is asked or given, supplies, equipment or any other
thing of value:
(i) For the purpose of influencing an election for public
office or an election on a measure, or of reducing the debt of a
candidate for nomination or election to public office or the debt
of a political committee; or
(ii) To or on behalf of a candidate, political committee or
measure; and
(B) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
(b) Regarding a contribution made for compensation or
consideration of less than equivalent value, only the excess
value of it shall be considered a contribution.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(6) Except as provided in ORS 260.007, 'expend' or '
expenditure' includes the payment or furnishing of money or
anything of value or the incurring or repayment of indebtedness
or obligation by or on behalf of a candidate, political committee
or person in consideration for any services, supplies, equipment
or other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
committee or measure, or for reducing the debt of a candidate for
nomination or election to public office. 'Expenditure' also
includes contributions made by a candidate or political committee
to or on behalf of any other candidate or political committee.
(7) 'Filing officer' means:
(a) The Secretary of State, regarding a candidate for any state
office or any office to be voted for in the state at large or in
a congressional district or regarding a measure to be voted on in
the state at large.
(b) The county clerk, regarding a candidate for any county
office or any district or precinct office within the county, or
regarding a measure to be voted for in one county or in a
district situated wholly within one county.
(c) The chief city elections officer, regarding a candidate for
any city office, or a measure to be voted for in a city only.
(d) The county clerk of the county in which the office of the
chief administrative officer or administrative board is located
regarding a candidate for office for any district or regarding a
measure to be voted on in a district, when the district is
situated in more than one county.
(e) In the case of an irrigation district formed under ORS
chapter 545:
(A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the
proposed district is situated wholly in one county;
(B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located,
regarding any candidate for office or any measure at an
irrigation district formation election where the proposed
district is situated in more than one county; or
(C) The secretary of the irrigation district for any election
other than an irrigation district formation election.
{ - (8) 'Independent expenditure' means an expenditure by a
person for a communication expressly advocating the election or
defeat of a clearly identified candidate that is not made with
the cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate. As used in this
subsection: - }
{ + (8) 'Independent expenditure' means an expenditure by a
person for a communication in support of or in opposition to a
clearly identified candidate or measure that is not made with the
cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate, or any political
committee or agent of a political committee supporting or
opposing a measure. For purposes of this subsection:
(a) A communication is 'in support of or in opposition to ' a
candidate or measure if:
(A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly
identified candidate for nomination or election to public office,
or the passage or defeat of a clearly identified measure;
(B) The communication, as a whole, seeks action rather than
simply conveying information; and
(C) It is clear what action the communication advocates. + }
{ - (a) - } { + (b) + } 'Agent' means any person who has:
(A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate { + or a political committee supporting or
opposing a measure + }; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures.
{ - (b) - } { + (c) + } 'Clearly identified' means { + ,
with respect to candidates + }:
(A) The name of the candidate involved appears;
(B) A photograph or drawing of the candidate appears; or
(C) The identity of the candidate is apparent by unambiguous
reference.
{ + (d) 'Clearly identified' means, with respect to measures:
(A) The ballot number of the measure appears;
(B) A description of the measure's subject or effect appears;
or
(C) The identity of the measure is apparent by unambiguous
reference. + }
{ - (c) 'Expressly advocating' means any communication
containing a message advocating election or defeat, including but
not limited to the name of the candidate, or expressions such as
' vote for,' 'elect,' 'support,' 'cast your ballot for, ' ' vote
against,' 'defeat' or 'reject.' - }
{ - (d) - } { + (e) + } 'Made with the cooperation or with
the prior consent of, or in consultation with, or at the request
or suggestion of, a candidate or any agent or authorized
committee of the candidate { + , or any political committee or
agent of a political committee supporting or opposing a
measure + } ' :
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent { + , or by any political
committee or agent of a political committee supporting or
opposing a measure, + } prior to the publication, distribution,
display or broadcast of the communication. An expenditure shall
be presumed to be so made when it is:
(i) Based on information about the { - candidate's - }
plans, projects or needs { + of the candidate or political
committee supporting or opposing a measure and + } provided to
the expending person by the candidate or by the candidate's
agent, { + or by any political committee or agent of a political
committee supporting or opposing a measure, + } with a view
toward having an expenditure made; or
(ii) Made by or through any person who is or has been
authorized to raise or expend funds, who is or has been an
officer of a political committee authorized by the candidate
{ + or by a political committee or agent of a political
committee supporting or opposing a measure, + } or who is or has
been receiving any form of compensation or reimbursement from the
candidate, the candidate's principal campaign committee or agent
{ + or from any political committee or agent of a political
committee supporting or opposing a measure + }; and
(B) Does not include providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures.
(9) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
(10) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
(11) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
(12) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(13) 'Occupation' means the nature of an individual's principal
business or, if the individual is employed by another person, the
nature of the individual's principal business or the business
name and address of the employer.
(14) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
(15)(a) 'Political committee' means a combination of two or
more individuals, or a person other than an individual, that has:
(A) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
(B) Made an expenditure for the purpose of supporting or
opposing a candidate, measure or political party.
(b) For purposes of paragraph (a)(B) of this subsection, an
expenditure does not include:
(A) A contribution to a candidate or political committee that
is required to report the contribution on a statement filed under
ORS 260.058, 260.063, 260.068, 260.073, 260.076 or 260.102 or
section 6, chapter 542, Oregon Laws 2003, or a certificate filed
under ORS 260.112; or
(B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044 (1).
(16) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors.
(17) 'Recall petition' means a petition to recall a public
officer for which a prospective petition has been filed but that
is not yet a measure.
(18) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
(19) 'Slate mailer' means a mass mailing that supports or
opposes a total of three or more candidates or measures.
(20)(a) 'Slate mailer organization' means, except as provided
in paragraph (b) of this subsection, any person who directly or
indirectly:
(A) Is involved in the production of one or more slate mailers
and exercises control over the selection of the candidates and
measures to be supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more
slate mailers or for endorsing or opposing, or refraining from
endorsing or opposing, a candidate or measure in one or more
slate mailers.
(b) Notwithstanding paragraph (a) of this subsection, 'slate
mailer organization' does not include:
(A) A political committee organized by a political party; or
(B) A political committee organized by the caucus of either the
Senate or the House of Representatives of the Legislative
Assembly.
(21) 'State office' means the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries, Superintendent of Public
Instruction, state Senator, state Representative, judge or
district attorney.
SECTION 2. ORS 260.007 is amended to read:
260.007. As used in this chapter, 'contribute, ' '
contribution,' 'expend' or 'expenditure' does not include:
(1) Any written news story, commentary or editorial distributed
through the facilities of any broadcasting station, newspaper,
magazine or other regularly published publication, unless a
political committee owns the facility;
(2) An individual's use of the individual's own personal
residence, including a community room associated with the
individual's residence, to conduct a reception for a candidate or
political committee, and the individual's cost of invitations,
food and beverages provided at the reception;
(3) A vendor's sale of food and beverages for use in a
candidate's or political committee's campaign at a charge less
than the normal comparable charge, if the charge is at least
equal to the cost of the food or beverages to the vendor;
(4) Any unreimbursed payment for travel expenses an individual,
including a candidate, makes on behalf of a candidate or
political committee;
(5) Any loan of money made by a financial institution as
defined in ORS 706.008, other than any overdraft made with
respect to a checking or savings account, if the loan bears the
usual and customary interest rate for the category of loan
involved, is made on a basis that assures repayment, is evidenced
by a written instrument and is subject to a due date or
amortization schedule. However, each indorser or guarantor of
the loan shall be considered to have contributed that portion of
the total amount of the loan for which that person agreed to be
liable in a written agreement, except if the indorser or
guarantor is the candidate's spouse;
(6) Nonpartisan activity designed to encourage individuals to
vote or to register to vote;
(7) Any communication a membership organization or corporation
makes to its members, shareholders or employees if the membership
organization or corporation is not organized primarily for the
purpose of influencing an election { - to office - } ;
(8) The payment of compensation for legal and accounting
services rendered to a candidate or political committee if the
person paying for the services is the regular employer of the
individual rendering the services and the services are solely for
the purpose of insuring compliance with the provisions of this
chapter; and
(9) The payment by a state or local committee of a political
party of the costs of preparation, display or mailing or other
distribution incurred by the committee with respect to a printed
slate card or sample ballot, or other printed listing, of three
or more candidates for any public office for which an election is
held in this state. This subsection does not apply to costs
incurred by the committee with respect to a display of any such
listing made on broadcasting stations or in newspapers, magazines
or similar types of general public political advertising.
SECTION 3. ORS 260.039 is amended to read:
260.039. (1) Except as provided in ORS 260.043, a candidate who
serves as the candidate's own treasurer, or the treasurer of the
principal campaign committee, shall file a statement of
organization with the appropriate filing officer. The statement
shall include:
(a) The name, address, occupation, office sought and party
affiliation of the candidate. The address shall be the address of
a residence, office, headquarters or similar location where the
candidate may be conveniently located { - . However, a different
address may be used if the candidate first files with the filing
officer the candidate's residence address and the address
proposed to be used - } ; { + and + }
{ - (b) A statement of how the candidate or principal
campaign committee intends to solicit funds; and - }
{ - (c) - } { + (b) + } In the case of a principal campaign
committee:
(A) The name and address of the committee. The address shall be
the address of a residence, office, headquarters or similar
location where the political committee or a responsible officer
of the political committee may be conveniently located.
{ - However, a different address may be used if the officer
first files with the filing officer the officer's residence
address and the address proposed to be used. - }
(B) The name, address and occupation of the committee director
or directors, if any.
(C) The name and address of the committee treasurer.
(D) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
{ - (E) A statement of whether the committee presently
intends to remain in existence for more than one year. - }
(2) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer shall file the statement of
organization not later than the third business day after the
candidate first receives a contribution or makes an expenditure.
The treasurer of a principal campaign committee shall file the
statement of organization not later than the date specified in
ORS 260.035.
(3) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
(4) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer or the treasurer of the
principal campaign committee of the candidate shall file a
statement of organization under this section not later than the
deadline for the candidate to file a nominating petition or
declaration of candidacy under ORS 249.037 or a certificate of
nomination under ORS 249.722.
(5) Except as provided in ORS 260.043, a candidate for state
office who serves as the candidate's own treasurer or the
treasurer of the principal campaign committee of a candidate for
state office shall file a new or amended statement of
organization not later than the date that the candidate files a
nominating petition, declaration of candidacy or certificate of
nomination.
SECTION 4. { + Section 5 of this 2005 Act is added to and made
a part of ORS 260.035 to 260.156. + }
SECTION 5. { + (1) A filing officer, in accordance with rules
adopted by the Secretary of State, may discontinue the statement
of organization of a candidate, principal campaign committee or
political committee if the candidate, principal campaign
committee or political committee has not filed a statement of
contributions received or expenditures made under this chapter.
(2) The Secretary of State shall adopt rules prescribing
conditions and procedures under which a filing officer may
discontinue a statement of organization under this section.
(3) If a filing officer discontinues a statement of
organization under this section, the filing officer shall provide
written notice to the candidate, principal campaign committee or
political committee that the statement has been discontinued. + }
SECTION 6. ORS 260.042 is amended to read:
260.042. (1) The treasurer of a political committee shall file
a statement of organization with the appropriate filing officer.
The statement shall include:
(a) The name, address and nature of the committee. The address
shall be the address of a residence, office, headquarters or
similar location where the political committee or a responsible
officer of the political committee may be conveniently located.
{ - However, a different address may be used if the officer
first files with the filing officer the officer's residence
address and the address proposed to be used. - }
(b) The name, address and occupation of the committee director
or directors.
(c) The name and address of the committee treasurer.
(d) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
{ - (e) A statement of whether the committee presently
intends to remain in existence for more than one year. - }
{ - (f) - } { + (e) + } The name, office sought, and party
affiliation of each candidate whom the committee is supporting or
specifically opposing or intends to support or specifically
oppose, when known, or, if the committee is supporting or
specifically opposing all the candidates of a given party, the
name of that party.
{ - (g) - } { + (f) + } A designation of any measure which
the committee is opposing or supporting, or intends to support or
oppose.
{ - (h) A statement of how the committee intends to solicit
funds. - }
(2) The statement of organization shall be filed not later than
the date specified in ORS 260.035.
(3) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
(4) This section does not apply to a political committee that
is a principal campaign committee or to a political committee
exclusively supporting or opposing one or more candidates for
federal or political party office.
SECTION 7. ORS 260.044, as amended by section 10, chapter 542,
Oregon Laws 2003, is amended to read:
260.044. (1) A person shall file a statement of
{ + independent + } expenditures { - made - } if the person
makes { + independent + } expenditures in a total amount of more
than $50 { - in support of or in opposition to a candidate, a
measure or a political committee - } .
(2) A statement { - filed under - } { + described in + }
subsection (1) of this section shall be filed for the reporting
period described in ORS 260.063 or 260.073 during which the total
amount of { + independent + } expenditures exceeds $50. The
accounting period for the statement required by subsection (1) of
this section begins on the date that an { + independent + }
expenditure is made. The statement shall specify the candidate
{ - , - } { + or + } measure { - or political committee - }
supported or opposed by the { + independent + } expenditure. The
Secretary of State by rule shall prescribe the form of the
{ - statements - } { + statement + }. If a statement is filed
for the reporting period for the supplement to the second
preelection statement, a second statement for the same
{ + independent + } expenditure does not need to be filed in the
post-election reporting period.
(3) Notwithstanding ORS 260.005 (15), a person who solicits and
receives a contribution or contributions { - shall be - }
{ + is + } a political committee and shall file a statement of
organization under ORS 260.042 and the statements required by ORS
260.063, 260.073 or 260.076. The statements filed under this
subsection shall be filed for the reporting period described in
ORS 260.063, 260.073 or 260.076 during which any contribution was
received. The accounting period for the statement required by
this subsection begins on the date that a contribution is
received.
(4) For purposes of this section:
(a) An { + independent + } expenditure does not include a
contribution to a candidate or political committee that is
required to report the contribution on a statement filed under
ORS 260.058, 260.063, 260.068, 260.073, 260.076 or 260.102 or
section 6, chapter 542, Oregon Laws 2003, or a certificate filed
under ORS 260.112;
(b) An { + independent + } expenditure does not include a
contribution to a candidate who is not required to file a
statement of organization under ORS 260.043; and
(c) A person is not a political committee under subsection (3)
of this section if all contributions received by the person
are { + :
(A) + } Designated to { - a - } { + an identified + }
candidate or political committee { + ;
(B) Delivered by the person to the designated candidate or
political committee not later than seven business days after the
contribution is received; + } and { - are - }
{ + (C) + } Required to be reported as contributions by a
candidate or political committee on a statement filed under ORS
260.058, 260.063, 260.068, 260.073, 260.076 or 260.102 or section
6, chapter 542, Oregon Laws 2003, or a certificate filed under
ORS 260.112.
(5) A person { - shall be - } { + is + } a principal
campaign committee if the person, in preparing to become a
candidate in the general election, receives { - a contribution,
receives a loan, whether repaid or not, or makes an expenditure
in a total amount - } { + an aggregate amount of contributions,
or makes an aggregate amount of expenditures, + } of more than
$2,000 before the date of the primary election. A person
described in this subsection shall file the statements required
by ORS 260.058 as if the person were a candidate in the primary
election. This subsection does not apply to a candidate in the
primary or nominating election.
SECTION 8. ORS 260.045, as amended by section 11, chapter 542,
Oregon Laws 2003, is amended to read:
260.045. (1) If a candidate or treasurer receives a
contribution of more than $50 from a political committee not in
this state, the candidate or treasurer shall file the following
if required under subsection (2) of this section:
(a) A written statement of the name, occupation and address of
each person, or the name, address and primary nature of each
political committee, who contributed more than $50 of the
contribution. The statement shall be certified as true by an
officer of the contributing political committee. As used in this
paragraph, 'address' includes street number and name, rural route
number or post-office box, and city and state; or
(b) An affidavit that to the best of the candidate's or
treasurer's knowledge and belief the contributing political
committee will not make contributions to candidates and
treasurers in this state that exceed two-thirds, in total amount,
of all contributions made by it in this state and elsewhere
during the period described in ORS 260.058 (1), 260.063 (1),
260.068 (1) or 260.073 (1) or section 6 (1), chapter 542, Oregon
Laws 2003, or the period described in ORS 260.118 (4) or
{ - (9) - } { + (8) + } for which the statement is filed. The
affidavit shall be filed at the same time the statement is filed
regarding the contribution.
(2) The statement or affidavit described in subsection (1) of
this section shall be filed if:
(a) Requested by the Secretary of State; or
(b) The Secretary of State receives a request for the filing
from any person made not later than six months after the deadline
for filing a statement under ORS 260.058 (1), 260.063 (1),
260.068 (1), 260.073 (1) or 260.118 (4) or { - (9) - }
{ + (8) + } or section 6 (1), chapter 542, Oregon Laws 2003, if
a candidate or treasurer files a statement reporting a
contribution received from a political committee not in this
state.
(3) If requested under subsection (2) of this section, the
statement or affidavit described in subsection (1) of this
section shall be filed not later than 10 business days after a
candidate or treasurer receives a request from the Secretary of
State.
SECTION 9. ORS 260.058 is amended to read:
260.058. (1) Except as otherwise provided in ORS 260.112 and
subsection (3) of this section, each candidate seeking nomination
or election at the primary election or at any election other than
the general election, or a candidate's principal campaign
committee at the primary election or at any election other than
the general election, shall file the following with the filing
officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
46th day and not later than the 36th day before the date of the
election. The accounting period for the statement required by
this paragraph begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 or 260.037
unless a candidate or a candidate's principal campaign committee
has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing an
unexpended balance of contributions or an expenditure deficit. If
such a post-election or supplemental statement is filed, the
accounting period begins on the day following the last day of the
accounting period for the statement filed for the previous
election. If a candidate or a candidate's principal campaign
committee has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing no
balance or no deficit, the accounting period begins on the day
that the candidate or the candidate's principal campaign
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by
this paragraph ends on the 47th day before the date of the
election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
15th day and not later than the 12th day before the date of the
election. The accounting period for this statement begins on the
46th day before the date of the election and ends on the 16th day
before the date of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the candidate or the candidate's
principal campaign committee. A supplement shall be filed if,
during { - a period described in this paragraph - } { + the
period beginning on the 15th day before the date of the election
and ending on the fifth day before the date of the election + },
the aggregate amount of contributions, including loans, whether
repaid or not, received from a single political committee or
other person exceeds $500, or the aggregate amount of
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee to a single payee
exceeds $1,000. A first supplement shall be filed not later than
the eighth day before the date of the election for the accounting
period beginning on the 15th day before the date of the election
and ending on the ninth day before the date of the election. A
second supplement shall be filed not later than the fourth day
before the date of the election for the accounting period
beginning on the eighth day before the date of the election and
ending on the fifth day before the date of the election. The
supplements shall be filed on forms prescribed by the Secretary
of State by rule. A candidate or treasurer of the candidate's
principal campaign committee who filed a certificate under ORS
260.112 shall file supplements under this paragraph if the
aggregate amount of contributions received or expenditures made
exceeds $2,000 because of contributions received or expenditures
made during { - a - } { + the + } period described in this
paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the 15th day before the date of the
election and ends on the 20th day after the date of the election.
(2) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(3) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. { - The statements required
by federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. - } At
any time the Secretary of State by rule may make a determination
that the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
(4) Each statement and { - the - } { + any + } supplement
required by this section shall be signed and certified as true by
the candidate or treasurer required to file { - it - } { +
them + }.
SECTION 10. ORS 260.068 is amended to read:
260.068. (1) Except as otherwise provided in ORS 260.112 and
subsection (4) of this section, each candidate seeking election
at the general election or a candidate's principal campaign
committee at the general election shall file the following with
each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
46th day and not later than the 36th day before the date of the
election. For a candidate nominated at the primary election or
for that candidate's principal campaign committee, the accounting
period for the statement required by this paragraph begins on the
21st day after the primary election. For a candidate not
nominated at the primary election or for that candidate's
principal campaign committee, the accounting period for the
statement required by this paragraph begins on the date that the
name of a treasurer is certified to the filing officer under ORS
260.035 or 260.037 unless a candidate or a candidate's principal
campaign committee has filed a post-election or supplemental
statement of contributions and expenditures showing an unexpended
balance of contributions or an expenditure deficit for a previous
election other than the preceding primary election. If such a
post-election or supplemental statement is filed, the accounting
period begins on the day following the last day of the accounting
period for the statement filed for that previous election. If a
candidate or a candidate's principal campaign committee has filed
a post-election or supplemental statement of contributions and
expenditures for a previous election other than the preceding
primary election showing no balance or no deficit, the accounting
period begins on the day that the candidate or the candidate's
principal campaign committee next receives a contribution or
makes an expenditure. If the statement for a previous election
shows an unexpended balance of contributions or an expenditure
deficit, the beginning balance on the statement required by this
paragraph shall be the amount of the unexpended balance of
contributions or expenditure deficit. The accounting period for
the statement required by this paragraph ends on the 47th day
before the date of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
15th day and not later than the 12th day before the date of the
election. The accounting period for the statement required by
this paragraph begins on the 46th day before the date of the
election and ends on the 16th day before the date of the
election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the candidate or the candidate's
principal campaign committee. A supplement shall be filed if,
during { - a period described in this paragraph - } { + the
period beginning on the 15th day before the date of the election
and ending on the fifth day before the date of the election + },
the aggregate amount of contributions, including loans, whether
repaid or not, received from a single political committee or
other person exceeds $500, or the aggregate amount of
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee to a single payee
exceeds $1,000. A first supplement shall be filed not later than
the eighth day before the date of the election for the accounting
period beginning on the 15th day before the date of the election
and ending on the ninth day before the date of the election. A
second supplement shall be filed not later than the fourth day
before the date of the election for the accounting period
beginning on the eighth day before the date of the election and
ending on the fifth day before the date of the election. The
supplements shall be filed on forms prescribed by the Secretary
of State by rule. A candidate or treasurer of the candidate's
principal campaign committee who filed a certificate under ORS
260.112 shall file supplements under this paragraph if the
aggregate amount of contributions received or expenditures made
exceeds $2,000 because of contributions received or expenditures
made during { - a - } { + the + } period described in this
paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the 15th day before the date of the
election and ends on the 20th day after the date of the election.
(2) { + (a) + } A candidate { + at the general election + }
for the office of Governor, Secretary of State, State Treasurer,
Attorney General, Commissioner of the Bureau of Labor and
Industries, state Senator or state Representative, or a
candidate's principal campaign committee shall file a supplement
to the post-election statement of contributions received
{ - and expenditures made - } by or on behalf of the candidate
or the candidate's principal campaign committee not sooner than
the first business day in January { + next following the general
election + } and not later than the Friday before the second
Monday in January { + next following the general election + }.
The supplement shall be filed if the aggregate contributions
received from any political committee or other person exceed $500
during the period beginning after the 20th day after the date of
the { + general + } election and ending on December 31 and
shall disclose only those contributions received from any
political committee or other person that exceed an aggregate of
$500 during the period beginning after the 20th day after the
date of the { + general + } election and ending on December 31.
The supplement shall be written but may be transmitted to the
filing officer by any means available. A candidate described in
this { - subsection - } { + paragraph + } or the treasurer of
the candidate's principal campaign committee who filed a
certificate under ORS 260.112 shall file a supplement under this
{ - subsection if the aggregate contributions exceed $2,000
because of contributions received after the 20th day following
the election and prior to January 1 of the following year - }
{ + paragraph if the aggregate contributions received from any
political committee or other person exceed $500 after the period
for which the certificate was filed and prior to January 1 of the
year following the general election + }.
{ + (b) A person holding the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries or state Senator, or the person's
principal campaign committee, shall file a statement of
contributions received by or on behalf of the person or the
person's principal campaign committee not sooner than the first
business day in January following the first general election held
during the person's term of office and not later than the Friday
before the second Monday in January following the first general
election held during the person's term of office. The statement
shall be filed if the aggregate contributions received from any
political committee or other person exceed $500 during the period
beginning on the day following the last day of the accounting
period for the previous statement filed and ending on December 31
following the first general election held during the person's
term of office. The statement shall disclose only those
contributions received from any political committee or other
person that exceed an aggregate of $500 during the period
beginning on the day following the last day of the accounting
period for the previous statement filed and ending on December 31
following the first general election held during the person's
term of office. The statement shall be written but may be
transmitted to the filing officer by any means available. A
person holding an office described in this paragraph or the
treasurer of a principal campaign committee who filed a
certificate under ORS 260.112 shall file a statement under this
paragraph if the aggregate contributions received from any
political committee or other person exceed $500 after the period
for which the certificate was filed and prior to January 1 of the
year following the first general election to be held during the
person's term of office. + }
(3) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement containing no balance or no
deficit is filed. The accounting period for the statement
required by this subsection begins on the day following the last
day of the accounting period for the previous statement filed and
ends on September 1.
(4) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. { - The statements required
by federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. - } At
any time the Secretary of State by rule may make a determination
that the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
(5) Each statement and { - the - } { + any + } supplement
required by this section shall be signed and certified as true by
the candidate or treasurer required to file { - it - } { +
them + }.
SECTION 11. ORS 260.073 is amended to read:
260.073. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the general election shall file the following with
each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 46th day and not later than the 36th day before
the date of the election. For a political committee that
supported or opposed one or more candidates or measures at the
primary election, the accounting period for the statement
required by this paragraph begins on the 21st day after the
primary election. Otherwise, the accounting period for the
statement begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 unless a
political committee has filed a post-election or supplemental
statement of contributions and expenditures showing an unexpended
balance of contributions or an expenditure deficit for a previous
election. If such a post-election or supplemental statement is
filed, the accounting period begins on the day following the last
day of the accounting period for the statement filed for the
previous election. If a political committee has filed a
post-election or supplemental statement of contributions and
expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that political
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by this
paragraph ends on the 47th day before the date of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the 15th day and not later than the 12th day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 46th day
before the date of the election and ends on the 16th day before
the date of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the political committee. A
supplement shall be filed if, during { - a period described in
this paragraph - } { + the period beginning on the 15th day
before the date of the election and ending on the fifth day
before the date of the election + }, the aggregate amount of
contributions, including loans, whether repaid or not, received
from a single political committee or other person exceeds $500,
or the aggregate amount of expenditures made by or on behalf of
the political committee to a single payee exceeds $1,000. A first
supplement shall be filed not later than the eighth day before
the date of the election for the accounting period beginning on
the 15th day before the date of the election and ending on the
ninth day before the date of the election. A second supplement
shall be filed not later than the fourth day before the date of
the election for the accounting period beginning on the eighth
day before the date of the election and ending on the fifth day
before the date of the election. The supplements shall be filed
on forms prescribed by the Secretary of State by rule. A
treasurer of a political committee who filed a certificate under
ORS 260.112 shall file supplements under this paragraph if the
aggregate amount of contributions received or expenditures made
exceeds $2,000 because of contributions received or expenditures
made during { - a - } { + the + } period described in this
paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for a statement
required by this paragraph begins on the 15th day before the date
of the election and ends on the 20th day after the date of the
election.
(2) A political committee affiliated with a political party, a
caucus of either house of the Legislative Assembly, a legislative
official or a statewide official as defined in ORS 244.020, the
Governor, Governor-elect or candidate for Governor shall file a
supplement to the post-election statement of contributions
received { - and expenditures made - } by or on behalf of the
political committee not sooner than the first business day in
January { + next following the general election + } and not
later than the Friday before the second Monday in January
{ + next following the general election + }. The supplement
shall be filed if the aggregate contributions received from any
political committee or other person exceed $500 during the period
beginning after the 20th day after the date of the
{ + general + } election and ending on December 31 and shall
disclose only those contributions received from any political
committee or other person that exceed an aggregate of $500 during
the period beginning after the 20th day after the date of the
{ + general + } election and ending on December 31. The
supplement shall be written but may be transmitted to the filing
officer by any means available. A treasurer of a political
committee described in this subsection who filed a certificate
under ORS 260.112 shall file a supplement under this subsection
if the aggregate contributions { - exceed $2,000 because of
contributions received after the 20th day following the election
and prior to January 1 of the following year - } { + received
from any political committee or other person exceed $500 after
the period for which the certificate was filed and prior to
January 1 of the year following the general election + }.
(3) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for a statement required under
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(4) A political committee shall prepare one original copy of
each statement required by subsection (1) of this section and
file a duplicate copy of the statement with the filing officer of
each candidate or measure supported or opposed by the political
committee. The statement and each duplicate copy shall be signed
and certified as true by the treasurer required to file it.
(5) A political committee shall file the supplemental statement
described in subsection (3) of this section with the filing
officer with whom the political committee's statement of
organization is filed and need not file any supplemental
statement with any other filing officer. The supplemental
statement shall be signed and certified as true by the treasurer
required to file it.
SECTION 12. ORS 260.078, as amended by section 13, chapter 542,
Oregon Laws 2003, is amended to read:
260.078. If a { - report - } { + statement + } filed by a
candidate, a candidate's principal campaign committee or a
political committee under ORS 260.058 (1)(a), 260.063 (1)(a),
260.068 (1)(a) or 260.073 (1)(a) or section 6 (1)(a), chapter
542, Oregon Laws 2003, shows { - any assets - } { + an
unexpended balance of contributions + } not previously reported
on hand at the beginning of the first reporting period, the
{ - report - } { + statement + } shall list all contributions
{ + and expenditures + } giving rise to the { - assets - }
{ + unexpended balance of contributions + } in accordance with
ORS 260.083.
SECTION 13. ORS 260.083, as amended by section 14, chapter 542,
Oregon Laws 2003, is amended to read:
260.083. (1) A statement filed under ORS 260.058, 260.063,
260.068, 260.073, 260.076 or 260.118 or section 6, chapter 542,
Oregon Laws 2003, shall list:
(a) Under contributions, all contributions received. Except as
provided in ORS 260.085, the statement shall list the name,
occupation and address of each person, and the name and address
of each political committee, that contributed an aggregate amount
of more than $50 on behalf of a candidate or to a political
committee and the total amount contributed by that person or
political committee. The statement may list as a single item the
total amount of other contributions, but shall specify how those
contributions were obtained.
(b) Under expenditures, all expenditures made, showing the name
of the payee and the amount and purpose of each.
(c) Separately, all contributions made by the candidate or
political committee.
(d) All loans, whether repaid or not, made to the candidate or
political committee. The statement shall list the name and
address of each person shown as a cosigner or guarantor on a loan
and the amount of the obligation undertaken by each cosigner or
guarantor. The statement also shall list the name of the lender
holding the loan.
(2) If an expenditure in an amount exceeding $50 is a
prepayment or a deposit made in consideration for any services,
supplies, equipment or other thing of value to be performed or
furnished at a future date, that portion of the deposit that has
been expended during the reporting period shall be listed as an
expenditure and the unexpended portion of the deposit shall be
listed as an account receivable.
(3) Anything of value paid for or contributed by any person
shall be listed as both an in-kind contribution and an
expenditure by the candidate or committee for whose benefit the
payment or contribution was made.
(4) If a candidate, political committee or chief petitioner
under ORS 260.118 makes an expenditure that must be reported as
an in-kind contribution and an expenditure as provided in
subsection (3) of this section, the candidate or political
committee making the original expenditure shall, in any statement
filed under ORS 260.058, 260.063, 260.068, 260.073 or 260.118 or
section 6, chapter 542, Oregon Laws 2003, identify the
expenditure as an in-kind contribution and identify the candidate
or political committee for whose benefit the expenditure was
made.
(5) Except as provided in subsection (8) of this section,
expenditures made by an agent of a candidate or political
committee on behalf of the candidate or committee shall be
reported in the same manner as if the expenditures had been made
by the candidate or political committee.
(6) If a political committee makes an expenditure that
qualifies as an independent expenditure under ORS 260.005 (8),
the listing of the expenditure under this section shall identify
{ - the candidate or - } { + any + } candidates { - who - }
{ + or measures that + } are the subject of the independent
expenditure and state whether the independent expenditure was
used to advocate the election { + , passage + } or defeat of the
{ - candidate or - } candidates { + or measures + }.
(7) If a candidate, political committee, chief petitioner under
ORS 260.118 or an agent of a candidate, political committee or
chief petitioner makes an expenditure for the purpose of paying
any person money or other valuable consideration for obtaining
signatures on an initiative, referendum or recall petition, the
statement described in this section shall list the total amount
paid by the candidate, political committee, chief petitioner or
agent for the purpose of obtaining signatures. The statement is
not required to list the name or address of any person as payee
or the amount paid to any person.
(8)(a) A vendor who enters into a contract with a candidate or
political committee to prepare or produce brochures, mailings,
polls, other opinion research or television, radio or newspaper
advertising, or to provide mail handling and postage, is not
considered an agent of the candidate or political committee for
purposes of subsection (5) of this section. The Secretary of
State by rule may designate other specific products or services
that would qualify a vendor for an exemption from reporting under
this subsection.
(b) Nothing in this section { - shall require - }
{ + requires + } a vendor described in this subsection to
disclose the vendor's internal or subcontracting costs for
providing the specific product or service under paragraph (a) of
this subsection.
(9) As used in this section, 'address' { - shall have - }
{ + has + } the meaning given that term in rules adopted by the
Secretary of State.
SECTION 14. ORS 260.085, as amended by section 15, chapter 542,
Oregon Laws 2003, is amended to read:
260.085. (1) An account required by ORS 260.055 and a statement
required by ORS 260.083 to list the occupation of a contributor
shall list the occupation of the contributor in the account and
on the first statement filed under ORS 260.058, 260.063, 260.068,
260.073 or 260.076 or section 6, chapter 542, Oregon Laws 2003,
after the contribution is received if the occupation is known to
the candidate or political committee filing the statement.
(2) If an account required by ORS 260.055 or a statement
required by ORS 260.083 to list the occupation of a contributor
does not list the occupation of the contributor as required by
ORS 260.055 or on the first statement filed under ORS 260.058,
260.063, 260.068, 260.073 or 260.076 or section 6, chapter 542,
Oregon Laws 2003, after the contribution is received, the
candidate or political committee shall file with the account and
the filing officer documentation of a written request to the
contributor to furnish the contributor's occupation.
(3) If a candidate or political committee receives a
contribution that does not identify the occupation of the
contributor, the candidate or political committee shall make a
written request to the contributor to furnish the occupation of
the contributor within seven days after receiving the
contribution.
(4) Documentation of a written request under subsection (3) of
this section shall be filed with the account and the first
statement under ORS 260.058, 260.063, 260.068, 260.073 or 260.076
or section 6, chapter 542, Oregon Laws 2003, that is filed at
least seven days after the contribution is received.
(5) If a candidate or political committee receives information
identifying the occupation of a contributor after making a
written request under subsection (3) of this section, the
candidate or political committee shall include the contributor's
occupation in the account kept under ORS 260.055 { - and the
next statement filed under ORS 260.058, 260.063, 260.068, 260.073
or 260.076 or section 6, chapter 542, Oregon Laws 2003 - } .
(6) The filing officer shall be in compliance with law by
accepting the information described in this section.
SECTION 15. ORS 260.112 is amended to read:
260.112. (1) A candidate, other than a candidate for federal
office, or a treasurer of a political committee who expects
neither the aggregate contributions to be received nor the
aggregate expenditures to be made by or on behalf of the
candidate or political committee to exceed $2,000 in total amount
during the total period described in ORS 260.058 (1), 260.063
(1), 260.068 (1) or 260.073 (1) shall file a certificate to that
effect. The candidate or treasurer shall make the certificate
according to the best of the knowledge or belief of the candidate
or treasurer. The certificate shall be filed:
(a) By a candidate, not sooner than the date on which the
candidate files a declaration of candidacy or nominating
petition, accepts a nomination or is nominated to fill a vacancy
in a nomination or in a partisan elective office, and not later
than the { - 29th - } { + 36th + } day before the date of the
election.
(b) By a treasurer of a political committee, not sooner than
the date that the political committee files a statement of
organization under ORS 260.042, and not later than the
{ - 29th - } { + 36th + } day before the date of the election.
(2) A candidate or political committee under this section must
keep contribution and expenditure records during the applicable
total period described in ORS 260.058, 260.063, 260.068 or
260.073.
(3) If at any time following the filing of a certificate under
subsection (1) of this section and during the total period
described in ORS 260.058 (1), 260.063 (1), 260.068 (1) and
260.073 (1) either the aggregate contributions or aggregate
expenditures exceed $2,000, the candidate, other than a candidate
for federal office, or treasurer shall file a contribution and
expenditure statement when a statement for the
{ - reporting - } { + accounting + } period in which the
contributions or expenditures exceeded $2,000 is filed. The
{ - filed - } statement shall reflect all contributions
received and expenditures made by or on behalf of the candidate
or political committee to that date, beginning with the start of
the first { - reporting - } { + accounting + } period in ORS
260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1).
SECTION 16. ORS 260.118 is amended to read:
260.118. (1) As provided in subsection (2) of this section, the
chief petitioners of a statewide initiative or referendum
petition or any recall petition shall:
(a) Appoint a treasurer and certify the name and address of the
treasurer to the filing officer. The treasurer shall be an
elector of this state. Contributions shall be received and
expenditures made by or through the treasurer.
(b) File a statement of organization with the appropriate
filing officer. The statement shall include:
(A) The name and address of the chief petitioners.
(B) The name and address of the treasurer appointed under
paragraph (a) of this subsection.
(C) A designation of the statewide initiative or referendum
petition or the recall petition. The designation of the recall
petition shall include the name of the officer whose recall is
demanded.
{ - (D) A statement of how the petitioners intend to solicit
funds. - }
(2) The chief petitioners shall certify the name of the
treasurer and file the statement of organization not later than
the third business day after the chief petitioners receive a
contribution or make an expenditure relating to the statewide
initiative or referendum petition { - or any recall
petition - } .
(3) Any change in the information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended certification or an amended statement of
organization filed not later than the 10th day after the change
in information.
{ - (4) For each statewide initiative petition, not sooner
than the 15th day before the date of the primary election and not
later than the 12th day before the date of the primary election,
the treasurer appointed under subsection (1) of this section
shall file with the Secretary of State a statement described in
subsection (8) of this section. The accounting period for the
statement begins on the date that the name of the treasurer is
certified to the Secretary of State under subsection (1) of this
section or on the day following the last day of the accounting
period for the previous statement filed and ends on the 16th day
before the date of the primary election. The statement required
under this subsection shall be filed whether or not the petition
was completed or filed or was withdrawn under ORS 250.029. - }
{ - (5) - } { + (4) + } { - In addition to the statement
required under subsection (4) of this section, - } For each
statewide initiative petition, the treasurer appointed under
subsection (1) of this section shall file with the Secretary of
State a statement described in subsection { - (8) - }
{ + (7) + } of this section for each period described in this
subsection. A statement shall be filed under this subsection
beginning with the period during which the aggregate amount of
contributions received or expenditures made exceeds $2,000. The
following statements shall be filed:
(a) A statement of contributions received and expenditures made
filed not later than September 10 of an odd-numbered year. The
accounting period for the statement required under this paragraph
begins on the date the treasurer is appointed under subsection
(1) of this section and ends on September 1.
(b) A statement of contributions received and expenditures made
filed not later than February 6 of an even-numbered year. The
accounting period for the statement required under this paragraph
begins on the date the treasurer is appointed under subsection
(1) of this section or on the day following the last day of the
accounting period for the previous statement filed and ends on
January 28.
{ + (c) A statement of contributions received and
expenditures made filed not later than the 12th day before the
date of the primary election. The accounting period for the
statement required under this paragraph begins on the date the
treasurer is appointed under subsection (1) of this section or on
the day following the last day of the accounting period for the
previous statement filed and ends on the 16th day before the date
of the primary election. + }
{ - (6) - } { + (5) + } Not later than the 15th day after
the last day for filing a statewide initiative or referendum
petition or any recall petition with the filing officer for
verification of signatures, the treasurer appointed under
subsection (1) of this section shall file with the filing officer
a statement described in subsection
{ - (8) - } { + (7) + } of this section. The statement
required under this subsection shall be filed whether or not the
petition was completed or filed or was withdrawn under ORS
250.029.
{ - (7) - } { + (6) + } Not later than the 15th day after
the date an initiative or referendum petition that is not
statewide is filed with the filing officer for verification of
signatures, the chief petitioners of the initiative or referendum
petition shall file with the filing officer a statement described
in subsection { - (8) - } { + (7) + } of this section.
{ - (8) - } { + (7) + } The statement referred to in
subsections (4) to
{ - (7) - } { + (6) + } of this section shall include the
following information:
(a) The name and address of the chief petitioner.
(b) A designation of the initiative, referendum or recall
petition. The designation of any recall petition shall include
the name of the officer whose recall is demanded.
(c) A statement conforming to ORS 260.083 of contributions
received and expenditures made.
{ - (9)(a) - } { + (8)(a) + } For a statewide initiative
petition, the accounting period for the statement required by
subsection { - (6) - } { + (5) + } of this section begins on
the 15th day before the date of the primary election and ends on
the deadline for submitting signatures for verification.
(b) For a statewide referendum petition, the accounting period
for the statement required by subsection { - (6) - }
{ + (5) + } of this section begins on the date that the name of
the treasurer is certified to the filing officer under this
section. The accounting period ends on the deadline for
submitting signatures for verification.
(c) For a recall petition, the accounting period for the
statement required by subsection { - (6) - } { + (5) + } of
this section begins on the day after the date on which the
statement of contributions received and expenditures made
required under ORS 249.865 is filed. The accounting period ends
on the deadline for submitting signatures for verification.
(d) For an initiative or referendum petition that is not
statewide, the accounting period for the statement required by
subsection { - (7) - } { + (6) + } of this section begins on
the date the prospective petition is filed and ends on the date
that signatures are submitted for verification.
{ - (10)(a) - } { + (9)(a) + } If a statement filed under
subsection { - (6) - } { + (5) + } of this section for a
statewide initiative or referendum petition or any recall
petition that did not qualify for the ballot shows an unexpended
balance of contributions or an expenditure deficit, and the chief
petitioner's committee does not intend to support or oppose a
measure that is on the subsequent general election ballot, a
supplemental statement shall be filed annually not later than
September 10.
(b) If a statement filed under this section for a statewide
initiative or referendum petition or any recall petition that did
not qualify for the ballot shows an unexpended balance of
contributions or an expenditure deficit, and the chief
petitioner's committee intends to support or oppose a measure
that is on the subsequent general election ballot, that committee
shall not file a supplemental statement in that year, but shall
file the statements required under ORS 260.073. Supplemental
statements shall be filed annually for each following year not
later than September 10.
(c) The accounting period for the statement required by this
subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
{ + (10) Each statement required under subsections (4) to (6)
of this section shall be signed and certified as true by the
chief petitioner or treasurer required to file it. + }
(11) As used in this section, 'contribution' and ' expenditure'
include a contribution or expenditure to or on behalf of an
initiative, referendum or recall petition.
SECTION 17. ORS 260.232, as amended by section 19, chapter 542,
Oregon Laws 2003, is amended to read:
260.232. (1) The Secretary of State may impose a civil penalty
as provided in this section, in addition to any other penalty
that may be imposed, for:
(a) Failure to file a statement or certificate required to be
filed under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073,
260.076, { + 260.078, + } 260.083, 260.102, 260.112 or 260.118
or section 6, chapter 542, Oregon Laws 2003.
(b) Failure to include in a statement filed under ORS 260.058,
260.063, 260.068, 260.073, 260.076, { + 260.078, + } 260.083,
260.102, 260.112 or 260.118 or section 6, chapter 542, Oregon
Laws 2003, the information required under ORS 260.076, 260.083,
260.102 or 260.118 or section 6, chapter 542, Oregon Laws 2003.
{ - (c) Violation of ORS 260.174. - }
(2) If a person required to file has not filed a statement or
certificate complying with applicable provisions of ORS 260.044
(1), 260.058, 260.063, 260.068, 260.073, 260.076, 260.078,
260.083, 260.085, 260.102, 260.112 or 260.118 or section 6,
chapter 542, Oregon Laws 2003, within the time specified in ORS
260.058, 260.063, 260.068, 260.073, 260.076, 260.078 or 260.118
or section 6, chapter 542, Oregon Laws 2003, the Secretary of
State by certified mail shall notify the person that a penalty
may be imposed and that the person has 20 days to request a
hearing before the Secretary of State. If the person required to
file is a candidate or the principal campaign committee of a
candidate, the Secretary of State shall send the notice described
in this subsection by certified mail to the individual who is the
candidate and by first class mail to the candidate's treasurer or
the treasurer of the candidate's principal campaign committee.
The notice sent by certified mail to the individual who is a
candidate shall be used for purposes of determining the deadline
for requesting a hearing under subsection (3) of this section.
The Secretary of State is not required to send two notices if the
candidate serves as the treasurer of the candidate's principal
campaign committee.
(3) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
Secretary of State:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the person received the notice sent under subsection (2) of
this section;
(b) Upon request of the filing officer with whom a statement or
certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State's own motion.
(4) A hearing under subsection (3) of this section shall be
held not later than 30 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
However, if requested by the person against whom the penalty may
be assessed, a hearing under subsection (3) of this section shall
be held not later than 45 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
(5) The Secretary of State shall issue an order not later than
90 days after a hearing or after the deadline for requesting a
hearing if no hearing is held.
(6) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but
instead may submit written testimony and other evidence, subject
to the penalty for false swearing, to the Secretary of State for
entry in the hearing record. Such documents must be received by
the secretary not later than three business days before the day
of the hearing.
(7) A civil penalty imposed under this section { - shall be
not - } { + may not be + } more than:
(a) $10,000 for failure to file a statement or certificate
required to be filed under ORS 260.044 (1), 260.058, 260.063,
260.068, 260.073, 260.076, { + 260.078, + } 260.083, 260.102,
260.112 or 260.118 or section 6, chapter 542, Oregon Laws
2003; { + or + }
(b) $10,000 for each failure to include in a statement filed
under ORS 260.058, 260.063, 260.068, 260.073, 260.076,
{ + 260.078, + } 260.083, 260.102, 260.112 or 260.118 or section
6, chapter 542, Oregon Laws 2003, the information required under
ORS 260.076, 260.083, 260.102 or 260.118 or section 6, chapter
542, Oregon Laws 2003 { - ; or - }
{ - (c) $1,000 for each violation of ORS 260.174 - } .
(8) The Secretary of State, upon a showing of mitigating
circumstances, may reduce the amount of the penalty described in
subsection (7) of this section.
(9) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.090.
SECTION 18. ORS 260.255, as amended by section 21, chapter 542,
Oregon Laws 2003, is amended to read:
260.255. (1) A filing officer shall preserve each statement
filed with the officer under ORS 260.058, 260.063, 260.068,
260.073, 260.076, 260.083, 260.102, 260.112 or 260.118 or section
6, chapter 542, Oregon Laws 2003, or an accurate copy of it, for
at least six years after the date of the election to which the
statement refers.
(2) The Secretary of State shall prepare for each election a
summary of the statements filed with the secretary under ORS
260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1) and shall
make the summary available to the public. The county clerk
{ - shall - } { + may + } prepare such a summary regarding
candidates for county offices and county measures. The Secretary
of State by rule may require a filing officer to prepare such a
summary regarding other offices or measures.
(3) The summary reports prepared under this section shall
include a list of all expenditures that total $100 or more to any
one person and a list of all contributions of more than $50.
SECTION 19. ORS 260.402 is amended to read:
260.402. { - No person shall make a contribution to any other
person, relating to a nomination or election of any candidate or
the support or opposition to any measure, in any name other than
that of the person who in truth provides the contribution. No
person shall knowingly receive the contribution or enter or cause
it to be entered in accounts or records in another name than that
of the person by whom it was actually provided. However, if the
contribution is received from the treasurer of any political
committee, it shall be sufficient to enter it as received from
the treasurer. - }
{ + (1) A person may not make a contribution in any name
other than that of the person who in truth provides the
contribution to:
(a) Any other person, relating to a nomination or election of
any candidate or the support of or opposition to any measure;
(b) Any political committee; or
(c) A chief petitioner or treasurer required to file a
statement under ORS 260.118.
(2) Except as provided in subsection (3) of this section, a
person, political committee or chief petitioner may not knowingly
receive a contribution prohibited under subsection (1) of this
section or enter or cause the contribution to be entered in
accounts or records in another name than that of the person by
whom it was actually provided.
(3) If a person receives a contribution from a political
committee, the person may enter the contribution into accounts or
records as received from the political committee. + }
SECTION 20. ORS 260.735 is amended to read:
260.735. (1) A slate mailer organization shall file a statement
of organization with the { - Secretary of State - } { +
filing officer of each candidate and measure that appears in a
slate mailer produced by the slate mailer organization + }. The
statement
{ - shall - } { + must + } list the name and address of the
organization and of the principal officers of the organization.
(2) The statement of organization shall be filed not later than
10 days after the slate mailer organization receives or is
promised payment for producing one or more slate mailers.
(3) Any change in information submitted in a statement of
organization { - provided in subsection (1) of - }
{ + under + } this section shall be indicated in an amended
statement of organization filed not later than the 10th day after
the change in information.
SECTION 21. ORS 260.063 is amended to read:
260.063. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the primary election or any election other than the
general election shall file the following with each appropriate
filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 46th day and not later than the 36th day before
the date of the election. The accounting period for the statement
required by this paragraph begins on the date that the name of a
treasurer is certified to the filing officer under ORS 260.035
unless a political committee has filed a post-election or
supplemental statement of contributions and expenditures showing
an unexpended balance of contributions or an expenditure deficit
for a previous election. If such a post-election or supplemental
statement is filed, the accounting period begins on the day
following the last day of the accounting period for the statement
filed for the previous election. If a political committee has
filed a post-election or supplemental statement of contributions
and expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that the
political committee next receives a contribution or makes an
expenditure. If the statement for a previous election shows an
unexpended balance of contributions or an expenditure deficit,
the beginning balance on the statement required by this paragraph
shall be the amount of the unexpended balance of contributions or
expenditure deficit. The accounting period for the statement
required by this paragraph ends on the 47th day before the date
of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the 15th day and not later than the 12th day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 46th day
before the date of the election and ends on the 16th day before
the date of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the political committee. A
supplement shall be filed if, during { - a period described in
this paragraph - } { + the period beginning on the 15th day
before the date of the election and ending on the fifth day
before the date of the election + }, the aggregate amount of
contributions, including loans, whether repaid or not, received
from a single political committee or other person exceeds $500,
or the aggregate amount of expenditures made by or on behalf of
the political committee to a single payee exceeds $1,000. A first
supplement shall be filed not later than the eighth day before
the date of the election for the accounting period beginning on
the 15th day before the date of the election and ending on the
ninth day before the date of the election. A second supplement
shall be filed not later than the fourth day before the date of
the election for the accounting period beginning on the eighth
day before the date of the election and ending on the fifth day
before the date of the election. The supplements shall be filed
on forms prescribed by the Secretary of State by rule. A
treasurer of a political committee who filed a certificate under
ORS 260.112 shall file supplements under this paragraph if the
aggregate amount of contributions received or expenditures made
exceeds $2,000 because of contributions received or expenditures
made during { - a - } { + the + } period described in this
paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for the statement
required by this paragraph begins on the 15th day before the date
of the election and ends on the 20th day after the date of the
election.
(2) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(3) A political committee shall prepare one original copy of
each statement required by subsection (1) of this section and
file a duplicate copy of the statement with the filing officer of
each candidate or measure supported or opposed by the political
committee. The statement and each duplicate copy shall be signed
and certified as true by the treasurer required to file it.
(4) A political committee shall file the supplemental statement
described in subsection (2) of this section with the filing
officer with whom the political committee's statement of
organization is filed and need not file any supplemental
statement with any other filing officer. The supplemental
statement shall be signed and certified as true by the treasurer
required to file it.
SECTION 22. ORS 249.865 is amended to read:
249.865. (1) Pursuant to section 18, Article II of the Oregon
Constitution, an elector of the electoral district from which the
public officer is elected may file a petition demanding the
recall of the public officer. Before the petition is circulated
for signatures, the chief petitioner of the petition shall file
with the officer authorized to order the recall election:
(a) A copy of the prospective petition signed by the chief
petitioner;
{ - (b) A statement of organization conforming to ORS 260.042
of the political committee the chief petitioner represents, if
any; and - }
{ + (b) A statement of organization described in ORS 260.118;
and + }
(c) A statement conforming to ORS 260.083 of contributions
received and expenditures made by or on behalf of the chief
petitioner and political committee the chief petitioner
represents, if any, to the date of filing the prospective
petition.
(2) The chief petitioner 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 recall petition. After the
prospective petition is filed, the chief petitioner shall notify
the filing officer not later than the 10th day after the chief
petitioner 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.
(3) Each sheet of the recall petition { - shall - }
{ + must + } contain:
(a) The words 'Petition for recall of,' (name and title of
officer) and the date of the filing under subsection (1) of this
section; and
(b) The name and address of the treasurer { - of the
political committee the chief petitioner represents, or if there
is not a political committee, the name and address of the chief
petitioner - } { + listed on the statement of organization filed
under subsection (1) of this section + }.
(4) Not more than 20 signatures on each sheet of the recall
petition shall be counted. The circulator shall certify on each
signature sheet that the individuals signed the sheet in the
presence of the circulator and that the circulator believes each
individual is an elector.
(5) Any intentional or willful violation of subsection (1) or
(2) of this section by a chief petitioner of the recall petition
or by the treasurer { - of the political committee the chief
petitioner represents, if any, shall invalidate - } { + listed
on the statement of organization filed under subsection (1) of
this section invalidates + }the prospective petition before it
is circulated for signatures.
SECTION 23. ORS 260.076 is amended to read:
260.076. (1) A legislative official, statewide official or
candidate therefor, or the official's or candidate's principal
campaign committee, shall file statements showing contributions
received by or on behalf of the official, candidate or committee
during the period beginning January 1 immediately preceding a
regular biennial session of the Legislative Assembly and ending
upon adjournment of the regular biennial session of the
Legislative Assembly, or during any special session of the
Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor,
or the principal campaign committee of the Governor,
Governor-elect or candidate, shall file statements showing
contributions received by or on behalf of the Governor,
Governor-elect, candidate or committee during the period
beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending 30 business days
following adjournment of the regular biennial session of the
Legislative Assembly, or during any special session of the
Legislative Assembly.
(3) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official or the Governor,
Governor-elect or candidate for Governor shall file statements
showing contributions received by the person or committee on
behalf of a legislative official, statewide official or candidate
therefor, during the period beginning January 1 immediately
preceding a regular biennial session of the Legislative Assembly
and ending upon adjournment of the regular biennial session of
the Legislative Assembly, or during any special session of the
Legislative Assembly.
(4) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official or the Governor,
Governor-elect or candidate for Governor shall file statements
showing contributions received by the person or committee on
behalf of the Governor, Governor-elect or candidate for Governor,
during the period beginning January 1 immediately preceding a
regular biennial session of the Legislative Assembly and ending
30 business days following adjournment of the regular biennial
session of the Legislative Assembly, or during any special
session of the Legislative Assembly.
(5) A statement described in subsections (1) to (4) of this
section shall be filed { + with the Secretary of State + } not
later than two business days after the date a contribution is
received. A statement shall be filed on a form prescribed by the
Secretary of State.
(6) If a statement has been filed under subsections (1) to (4)
of this section, the next statement filed by the Governor,
Governor-elect, official, candidate, principal campaign committee
or other political committee under ORS 260.058, 260.063, 260.068
or 260.073 shall include the contributions reported in statements
filed under this section.
(7) This section applies notwithstanding the filing of a
certificate under ORS 260.112.
(8) As used in this section:
(a) 'Legislative official' means any member or member-elect of
the Legislative Assembly.
(b) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
SECTION 24. ORS 260.102 is amended to read:
260.102. A person who receives or expends money or any other
thing of value, after the date of an election, for the purpose of
reducing an expenditure deficit shown by a statement of
contributions and expenditures filed by a candidate or treasurer,
and who is not the candidate or treasurer and does not receive or
expend the money or other thing of value through the candidate or
treasurer, shall file with the filing officer a statement showing
the source of all money or other things of value so received or
expended. The statement shall list the name, occupation and
address of each person, or the name, address and primary nature
of each political committee, who contributed an aggregate amount
of more than $100 on behalf of a candidate for statewide office
or regarding a { - statewide - } { + state + } measure, or
more than $50 on behalf of a candidate for other than statewide
office or regarding a measure other than a { - statewide - }
{ + state + } measure. The statement may list as a single item
the total amount of other contributions, but shall specify how
those contributions were obtained. The statement shall be signed
and certified as true by the person required to file it or by the
person's authorized representative. As used in this section,
'address' includes street number and name, rural route number or
post-office box, and city and state.
SECTION 25. ORS 260.205, as amended by section 16, chapter 542,
Oregon Laws 2003, is amended to read:
260.205. (1) Except as provided in this subsection, a filing
officer shall inspect each statement filed under ORS 260.058,
260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118
or section 6, chapter 542, Oregon Laws 2003, not later than the
10th business day after the filing deadline or the 10th business
day after the statement is filed, whichever is later. The
statement required under ORS 260.068 (1)(d) and 260.073 (1)(d)
shall be inspected not later than the 30th business day after the
filing deadline or the 30th business day after the statement is
filed, whichever is later. This subsection does not apply to
statements required under ORS 260.058 (1)(c) { - and (2) - } ,
260.063 (1)(c) { - and (2) - } , 260.068 (1)(c) and
{ - (3) - } { + (2) + } and 260.073 (1)(c) and { - (3) - }
{ + (2) + }.
(2) A filing officer immediately shall notify a person required
to file a statement with the filing officer under ORS 260.058,
260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118
or section 6, chapter 542, Oregon Laws 2003, if:
(a) Upon examination of relevant materials, it appears to the
filing officer that the person has failed to file a required
statement or that a statement filed with the filing officer by
the person is insufficient; or
(b) A complaint is filed with the filing officer under
subsection (3) of this section.
(3) An elector may file with a filing officer a complaint that
a statement filed with the filing officer is insufficient or that
a person has failed to file a required statement. The complaint
shall be in writing, shall state in detail the reasons for
complaint and shall be filed with the filing officer not later
than the 90th day after the date the statement of which it
complains is filed or should have been filed.
SECTION 26. ORS 246.910 is amended to read:
246.910. (1) A person adversely affected by any act or failure
to act by the Secretary of State, a county clerk, a city
elections officer or any other county, city or district official
under any election law, or by any order, rule, directive or
instruction made by the Secretary of State, a county clerk, a
city elections officer or any other county, city or district
official under any election law, may appeal therefrom to the
circuit court for the county in which the act or failure to act
occurred or in which the order, rule, directive or instruction
was made.
{ + (2) An appeal described in subsection (1) of this section
of an order of the Secretary of State approving or disapproving a
state initiative petition for circulation for the purpose of
obtaining signatures of electors must be filed within 60 days
following the date the order is served. + }
{ - (2) - } { + (3) + } Any party to the appeal proceedings
in the circuit court under subsection (1) of this section may
appeal from the decision of the circuit court to the Court of
Appeals.
{ - (3) - } { + (4) + } The circuit courts and Court of
Appeals, in their discretion, may give { - such - } precedence
on their dockets to appeals under this section as the
circumstances may require.
{ - (4) - } { + (5) + } The remedy provided in this section
is cumulative and does not exclude any other remedy against any
act or failure to act by the Secretary of State, a county clerk,
a city elections officer or any other county, city or district
official under any election law or against any order, rule,
directive or instruction made by the Secretary of State, a county
clerk, a city elections officer or any other county, city or
district official under any election law.
SECTION 27. ORS 8.620 is amended to read:
8.620. A person elected to the office of district attorney
must, before entering upon { - such - } { + the + } office,
qualify by filing with the Secretary of State the certificate of
election of the person { - , with an oath of office indorsed
thereon, and subscribed by the person, to the effect that the
person will support the Constitution of the United States and of
this state, and faithfully and honestly perform the duties of the
office - } .
SECTION 28. ORS 180.030 is amended to read:
180.030. Before entering upon the duties of office the Attorney
General shall qualify by filing with the Secretary of State the
certificate of election or of appointment { - , with the oath of
office of the Attorney General indorsed thereon - } .
SECTION 29. ORS 204.005 is amended to read:
204.005. { - There - } { + The following county
officers + } shall be elected at the { + primary election or + }
general election, { + as provided in ORS 249.088 + } { - by
the electors of each county, the following county officers - } :
(1) A sheriff.
(2) A county clerk.
(3) A county assessor.
(4) A county treasurer.
(5) A county surveyor.
(6) A county commissioner to succeed any commissioner whose
term of office expires the following January { - ; and - }
{ + .
(7) + } In any county where there is a vacancy from any cause
in the office of county commissioner, { - there shall be
elected - } an additional commissioner to fill the vacancy.
SECTION 30. ORS 236.325 is amended to read:
236.325. Notwithstanding any other provision of law:
(1) The holder of a public office may resign the office
effective at a future date that is prior to the expiration of the
term of the office.
(2) Any person who receives a certificate of election as a
holder of a public office, even though the person may not have
entered upon the execution of its duties or taken the requisite
oath of office, may resign the office effective at a future date
that is:
(a) Prior to the beginning of the term of the office; or
(b) After the beginning of the term of the office.
(3) Except where an election is required by law, if the holder
of a public office or a person who receives a certificate of
election as a holder of a public office resigns the office
effective at a future date, the appointing authority required by
law to fill a vacancy in the public office may begin the process
to fill the vacancy and may select a successor prior to the
effective date of any resignation under this section.
(4) The appointing authority may appoint a successor to fill a
vacancy in the public office at any time after the effective date
of a resignation described in this section. This subsection does
not apply where a person who receives a certificate of election
as a holder of a public office resigns prior to the beginning of
the term of office and an incumbent still holds the public
office.
(5) A resignation is binding unless withdrawn in writing by the
end of the third business day after the resignation is made.
(6) Where the effective date of a resignation is { - less
than - } 21 { + or more + } calendar days before the deadline
for filing a nominating petition, declaration of candidacy or
certificate of nomination necessary to fill the office at the
general election next following the effective date of the
resignation, and the deadline for withdrawing the resignation has
passed, the filing officer for the office shall accept filings of
nominating petitions, declarations of candidacy and certificates
of nomination and the vacancy shall be filled at the general
election next following the effective date of the vacancy.
(7) This section does not apply to the office of Governor.
{ + NOTE: + } Section 31 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 32. ORS 249.037 is amended to read:
249.037. (1) A nominating petition or declaration of candidacy
shall be filed not sooner than the { - 415th - }
{ + 250th + } day and not later than the 70th day before the
date of the primary election.
(2) Notwithstanding subsection (1) of this section, a
declaration of candidacy for the office of precinct
committeeperson { - shall - } { + may + } not be filed before
February 1 immediately preceding the primary election.
SECTION 33. ORS 249.722 is amended to read:
249.722. (1) Except as provided in subsection (3) of this
section, a certificate of nomination of a candidate for public
office shall be filed not sooner than the { - 415th - }
{ + 15th + } day { + after the date of the primary election + }
and not later than the 70th day before the date of the general
election.
(2) A certificate of nomination of a candidate for:
(a) State office, United States Senator or Representative in
Congress shall be filed with the Secretary of State.
(b) County office shall be filed with the county clerk.
(c) City office shall be filed with the chief city elections
officer.
(3) For a special election, including an election to fill a
vacancy that occurs after the 70th day before the general
election, the Secretary of State by rule may adopt a schedule
specifying the period within which a certificate of nomination
must be filed. If the Secretary of State does not adopt a rule
under this subsection, a certificate of nomination must be filed
before the 61st day preceding the election.
SECTION 34. ORS 249.068 is amended to read:
249.068. (1) Except as otherwise provided for a candidate for
nonpartisan office in ORS 249.072:
(a) A nominating petition for an office to be voted for in the
state at large or for a candidate for Representative in Congress
shall contain signatures of members of the same major political
party as the candidate. Except as provided in this subsection,
there shall be at least 1,000 signatures or the number of
signatures at least equal to two percent of the vote cast in the
state or congressional district, as the case may be, for the
candidates of that major political party for presidential
electors at the last presidential election, whichever is less;
(b) For an election next following any change in the boundaries
of a congressional district, there shall be at least 1,000
signatures or the number of signatures at least equal to two
percent of the average number of votes cast in all congressional
districts in this state, as the case may be, for the candidates
of that major political party for presidential electors at the
last presidential election, whichever is less;
(c) In the case of a candidate nominated by a major political
party that did not nominate presidential electors at the last
presidential election, there shall be at least 1,000 signatures;
and
(d) If the office is one to be voted for in the state at
large { + , + } the signatures shall include those of electors
registered in at least five percent of the precincts in each of
at least seven counties. If the office is one to be voted for in
a congressional district the signatures shall include those of
electors registered in at least five percent of the precincts in
each of at least one-fourth of the counties in the congressional
district.
(2) Except as otherwise provided in this section or for a
candidate for nonpartisan office in ORS 249.072:
(a) A nominating petition for an office not provided for in
subsection (1) of this section shall contain the signatures of
electors who are members of the same major political party as the
candidate. There shall be at least 500 signatures or the number
of signatures at least equal to two percent of the vote in the
electoral district for the candidates of that major political
party for presidential electors at the last presidential
election, whichever is less;
(b) In the case of major political party candidates for the
office of state Senator or state Representative, for an election
next following any change in the boundaries of the districts of
state Senators or state Representatives under section 6, Article
IV of the Oregon Constitution, there shall be at least 500
signatures or the number of signatures at least equal to two
percent of the average number of votes cast in all state
senatorial or state representative districts in this state, as
the case may be, for the candidates of that major political party
for presidential electors at the last presidential election,
whichever is less;
(c) In the case of a candidate nominated by a major political
party that did not nominate presidential electors at the last
presidential election, there shall be at least { - 1,000 - }
{ + 500 + } signatures;
(d) If the office under this subsection is to be voted for in
more than one county, the signatures shall include those of
electors registered in at least six percent of the precincts in
the electoral district that are located in each of two or more of
the counties, or portions of the counties, within which the
electoral district is located. If six percent of the precincts of
the electoral district in one of the counties or portion thereof
does not constitute a whole precinct, the nominating petition
shall contain signatures from at least one precinct in that
county; and
(e) If the office is to be voted for in only one county or in a
city, the signatures shall include those of electors registered
in at least 10 percent of the precincts in the electoral
district.
SECTION 35. ORS 249.720 is amended to read:
249.720. (1) A certificate of nomination shall { - state - }
{ + contain + }:
(a) The name by which the candidate is commonly known. A
candidate may use a nickname in parentheses in connection with
the full name.
(b) Address information as required by the Secretary of State
by rule.
(c) The office, and department or position number if any, for
which the candidate is nominated.
(d) The name of the minor political party, if any,
{ - which - } { + that + } nominated the candidate.
(e) If the candidate is nominated for a partisan office by an
assembly of electors or individual electors, the word
{ - ' independent' - } { + ' nonaffiliated' + } and a
statement that the candidate has not been a member of a major or
minor political party during at least 180 days before the
deadline for filing the certificate of nomination.
{ + (f) A statement that the candidate will qualify if
elected.
(g) The signature of the candidate.
(h) A statement of the candidate's occupation, educational and
occupational background and prior governmental experience. + }
(2) For certificates of nomination of candidates for electors
of President and Vice President of the United States, the names
of the candidates for President and Vice President the candidates
represent may be added to the name of the minor political party
or the word { - ' independent,' - } { + '
nonaffiliated,' + } as the case may be. The names of all the
candidates of a minor political party, or { - independent - }
{ + nonaffiliated + } candidates, for electors of President and
Vice President may be upon the same certificate of nomination.
(3) A certificate of nomination made by an assembly of electors
shall be signed by the presiding officer and secretary of the
nominating convention of the assembly. A certificate of
nomination made by a minor political party shall be signed by an
officer of the party. An affidavit shall be made on the
certificate by the presiding officer and secretary of the
nominating convention of the assembly or by the officer of the
minor political party and signed and acknowledged by them before
a notary public. The affidavit shall be that the statements in
the certificate of nomination and related documents are true.
With respect to an assembly of electors, the affidavit shall
state that the assembly satisfied the requirements of ORS
249.735.
SECTION 36. 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. 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 - } { + final measure summary + } 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, 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 37. 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 { + latest version of the printed,
engrossed + } 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) 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 38. ORS 250.067 is amended to read:
250.067. (1) The Secretary of State, upon receiving a draft
ballot title 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 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 Attorney
General. The secretary shall maintain a record of written
comments received.
(2) The Attorney General shall consider any written comments
submitted under subsection (1) of this section and 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. If no written
comments are submitted to the Secretary of State, the Attorney
General shall certify the draft ballot title not later than the
{ - 15th - } { + 20th + } business day after the Secretary of
State receives the draft title from the 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, the ballot title provided by the Attorney General under
subsection (2) of this section shall be the title printed in the
voters' pamphlet and on the ballot.
(4) If a petition for review of a ballot title is filed with
the Supreme Court as provided in 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 39. ORS 250.165 is amended to read:
250.165. (1) Before circulating a petition to initiate or refer
a county measure, the petitioner shall file with the county clerk
a prospective petition. The county clerk immediately shall date
and time stamp the prospective petition, and specify the form on
which the petition shall be printed for circulation. The clerk
shall retain the prospective petition.
(2) 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 250.175 (1). If the circuit court has not
reviewed the ballot title under ORS 250.195, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.175 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
(3) 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.
(4)(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 number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the county governing body.
(b) Each sheet of signatures on an initiative or referendum
petition shall, 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. '
(5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(6) 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 that the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the county.
(7) If the gathering of signatures exceeds the period of one
year from the time the petition is approved for circulation, any
of the chief petitioners, on or before { - the - }
{ + each + } anniversary of approval of the petition for
circulation { - : - }
{ - (a) Shall file annually - } , { + shall file + } with
the county clerk { - , - } a statement that the initiative
petition is still active { - ; and - }
{ - (b) May submit to the county clerk for verification any
signatures gathered on the petition in the preceding year - } .
(8) Not later than 30 days before the date that the chief
petitioners must file a statement { - and submit signatures - }
under subsection (7) of this section, the county clerk shall
notify the chief petitioners in writing of the requirements of
subsection (7) of this section. The notice shall be sent by
certified mail, return receipt requested.
(9) A county clerk { - shall - } { + may + } not accept for
filing any petition which has not met the provisions of
subsection (7) of this section.
(10) 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 40. ORS 250.168 is amended to read:
250.168. (1) Not later than the fifth business day after
receiving a prospective petition for an initiative measure, the
county clerk shall determine in writing whether the initiative
measure meets the requirements of section 1 (2)(d), Article
IV { + , and section 10, Article VI + } of the Oregon
Constitution.
(2) If the county clerk determines that the initiative measure
meets the requirements of section 1 (2)(d), Article IV { + , and
section 10, Article VI + } of the Oregon Constitution, the clerk
shall proceed as required in ORS 250.175. The clerk shall include
in the publication required under ORS 250.175 (5) a statement
that the initiative measure has been determined to meet the
requirements of section 1 (2)(d), Article IV { + , and section
10, Article VI + } of the Oregon Constitution.
(3) If the county clerk determines that the initiative measure
does not meet the requirements of section 1 (2)(d), Article
IV { + , and section 10, Article VI + } of the Oregon
Constitution, the clerk shall immediately notify the petitioner,
in writing by certified mail, return receipt requested, of the
determination.
(4) Any elector dissatisfied with a determination of the county
clerk under subsection (1) of this section may petition the
circuit court of the judicial district in which the county is
located seeking to overturn the determination of the clerk. If
the elector is dissatisfied with a determination that the
initiative measure meets the requirements of section 1 (2)(d),
Article IV { + , and section 10, Article VI + }of the Oregon
Constitution, the petition must be filed not later than the
seventh business day after the ballot title is filed with the
clerk. If the elector is dissatisfied with a determination that
the initiative measure does not meet the requirements of section
1 (2)(d), Article IV { + , and section 10, Article VI + } of the
Oregon Constitution, the petition must be filed not later than
the seventh business day after the written determination is made
by the clerk.
(5) The review by the circuit court shall be the first and
final review, and shall be conducted expeditiously to
{ - insure - } { + ensure + } the orderly and timely
circulation of the petition.
SECTION 41. ORS 250.175 is amended to read:
250.175. (1) When a prospective petition for a county measure
to be referred is filed with the county clerk, the clerk shall
authorize the circulation of the petition containing the title of
the measure as enacted by the county governing body or, if there
is no title, the title supplied by the petitioner filing the
prospective petition. The county clerk immediately shall send two
copies of the prospective petition to the district attorney.
(2) Not later than the sixth business day after a prospective
petition for a county measure to be initiated is filed with the
county clerk, the clerk shall send two copies of it to the
district attorney if the measure to be initiated has been
determined to be in compliance with section 1 (2)(d), Article
IV { + , and section 10, Article VI + } of the Oregon
Constitution, as provided in ORS 250.168.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, and notwithstanding ORS
203.145 (3), the district attorney shall prepare a ballot title
for the county measure to be initiated or referred and return one
copy of the prospective petition and the ballot title to the
county clerk. Unless the circuit court certifies a different
title, this ballot title shall be the title printed on the
ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) The county clerk, upon receiving a ballot title for a
county measure to be referred or initiated from the district
attorney or the county governing body, shall publish in the next
available edition of a newspaper of general circulation in the
county a notice of receipt of the ballot title including notice
that an elector may file a petition for review of the ballot
title not later than the date referred to in ORS 250.195.
SECTION 42. ORS 250.270 is amended to read:
250.270. (1) Not later than the fifth business day after
receiving a prospective petition for an initiative measure, the
city elections officer shall determine in writing whether the
initiative measure meets the requirements of section 1
(2)(d) { + and (5) + }, Article IV of the Oregon Constitution.
(2) If the city elections officer determines that the
initiative measure meets the requirements of section 1 (2)(d)
{ + and (5) + }, Article IV of the Oregon Constitution, the city
elections officer shall proceed as required in ORS 250.275. The
city elections officer shall include in the publication required
under ORS 250.275 (5) a statement that the initiative measure has
been determined to meet the requirements of section 1 (2)(d)
{ + and (5) + }, Article IV of the Oregon Constitution.
(3) If the city elections officer determines that the
initiative measure does not meet the requirements of section 1
(2)(d) { + and (5) + }, Article IV of the Oregon Constitution,
the city elections officer shall immediately notify the
petitioner, in writing by certified mail, return receipt
requested, of the determination.
(4) Any elector dissatisfied with a determination of the city
elections officer under subsection (1) of this section may
petition the circuit court of the judicial district in which the
city is located seeking to overturn the determination of the city
elections officer. If the elector is dissatisfied with a
determination that the initiative measure meets the requirements
of section 1 (2)(d) { + and (5) + }, Article IV of the Oregon
Constitution, the petition must be filed not later than the
seventh business day after the ballot title is filed with the
city elections officer. If the elector is dissatisfied with a
determination that the initiative measure does not meet the
requirements of section 1 (2)(d) { + and (5) + }, Article IV of
the Oregon Constitution, the petition must be filed not later
than the seventh business day after the written determination is
made by the city elections officer.
(5) The review by the circuit court shall be the first and
final review, and shall be conducted expeditiously to
{ - insure - } { + ensure + } the orderly and timely
circulation of the petition.
SECTION 43. ORS 250.275 is amended to read:
250.275. (1) When a prospective petition for a city measure to
be referred is filed with the city elections officer, the officer
shall authorize the circulation of the petition containing the
title of the measure as enacted by the city governing body or, if
there is no title, the title supplied by the petitioner filing
the prospective petition. The city elections officer immediately
shall send two copies of the prospective petition to the city
attorney.
(2) Not later than the sixth business day after a prospective
petition for a city measure to be initiated is filed with the
city elections officer, the officer shall send two copies of it
to the city attorney if the measure to be initiated has been
determined to be in compliance with section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution, as provided in
ORS 250.270.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, the city attorney shall
provide a ballot title for the city measure to be initiated or
referred and return one copy of the prospective petition and the
ballot title to the city elections officer. Unless the circuit
court certifies a different title, this ballot title shall be the
title printed on the ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) The city elections officer, upon receiving a ballot title
for a city measure to be referred or initiated from the city
attorney or city governing body, shall publish in the next
available edition of a newspaper of general distribution in the
city a notice of receipt of the ballot title including notice
that an elector may file a petition for review of the ballot
title not later than the date referred to in ORS 250.296.
SECTION 44. ORS 255.140 is amended to read:
255.140. (1) Not later than the fifth business day after
receiving a prospective petition for an initiative measure, the
elections officer shall determine in writing whether the
initiative measure meets the requirements of section 1 (2)(d)
{ + and (5) + }, Article IV of the Oregon Constitution.
(2) If the elections officer determines that the initiative
measure meets the requirements of section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution, the elections
officer shall proceed as required in ORS 255.145. The elections
officer shall include in the publication required under ORS
255.145 (5) a statement that the initiative measure has been
determined to meet the requirements of section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution.
(3) If the elections officer determines that the initiative
measure does not meet the requirements of section 1 (2)(d) { +
and (5) + }, Article IV of the Oregon Constitution, the elections
officer shall immediately notify the petitioner, in writing by
certified mail, return receipt requested, of the determination.
(4) Any elector dissatisfied with a determination of the
elections officer under subsection (1) of this section may
petition the circuit court of the judicial district in which the
administrative office of the district is located seeking to
overturn the determination of the elections officer. If the
elector is dissatisfied with a determination that the initiative
measure meets the requirements of section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution, the petition must
be filed not later than the seventh business day after the ballot
title is filed with the elections officer. If the elector is
dissatisfied with a determination that the initiative measure
does not meet the requirements of section 1 (2)(d) { + and
(5) + }, Article IV of the Oregon Constitution, the petition must
be filed not later than the seventh business day after the
written determination is made by the elections officer.
(5) The review by the circuit court shall be the first and
final review, and shall be conducted expeditiously to
{ - insure - } { + ensure + } the orderly and timely
circulation of the petition.
SECTION 45. ORS 255.145 is amended to read:
255.145. (1) When a prospective petition for a district measure
to be referred is filed with the elections officer, the officer
shall authorize the circulation of the petition containing the
title of the measure as enacted by the district elections
authority or, if there is no title, the title supplied by the
petitioner filing the prospective petition. The elections officer
immediately shall send two copies of the prospective petition to
the district attorney of the county in which the administrative
office of the district is located.
(2) Not later than the sixth business day after a prospective
petition for a district measure to be initiated is filed with the
elections officer, the officer shall send two copies of it to the
district attorney of the county in which the administrative
office of the district is located if the measure to be initiated
has been determined to be in compliance with section 1
(2)(d) { + and (5) + }, Article IV of the Oregon Constitution,
as provided in ORS 255.140.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, the district attorney shall
provide a ballot title for the district measure to be initiated
or referred and return one copy of the prospective petition and
the ballot title to the elections officer. Unless the circuit
court certifies a different title, this ballot title shall be the
title printed on the ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) The elections officer, upon receiving a ballot title for a
district measure to be referred or initiated from the district
attorney, shall publish in the next available edition of a
newspaper of general circulation in the district a notice of
receipt of the ballot title including notice that an elector may
file a petition for review of the ballot title not later than the
date referred to in ORS 255.155.
SECTION 46. ORS 254.135 is amended to read:
254.135. (1) The official general or special election ballot or
ballot label shall be styled 'Official Ballot' and shall state:
(a) The name of the county for which it is intended.
(b) The date of the election.
(c) The names of all candidates for offices to be filled at the
election whose nominations have been made and accepted and who
have not died, withdrawn or become disqualified. The ballot or
ballot label { - shall - } { + may + } not contain the name
of any other person.
(d) The number, ballot title and financial estimates under ORS
250.125 of any measure to be voted on at the election.
(2) If the election is conducted at polling places as provided
in this chapter, any ballot to be issued at a polling place shall
also state the number or name of the precinct for which it is
intended.
(3) The names of candidates for President and Vice President of
the United States shall be printed in groups together, under
their political party designations. The names of the electors
{ - shall - } { + may + } not be printed on the general
election ballot. A vote for the candidates for President and Vice
President shall be a vote for the group of presidential electors
supporting those candidates and selected as provided by law. The
general election ballot shall state that electors of President
and Vice President are being elected and that a vote for the
candidates for President and Vice President shall be a vote for
the electors supporting those candidates.
(4)(a) The name of each candidate nominated shall be printed
upon the ballot or ballot label in but one place, without regard
to how many times the candidate may have been nominated. The name
of a political party shall be added opposite the name of a
candidate for other than nonpartisan office according to the
following rules:
(A) For a candidate not affiliated with a political party who
is nominated by a minor political party, the name of the minor
political party shall be added opposite the name of the
candidate;
(B) For a candidate not affiliated with a political party who
is nominated by more than one minor political party, the name of
the minor political party selected by the candidate shall be
added opposite the name of the candidate;
(C) For a candidate who is a member of a political party who is
nominated by a political party of which the candidate is not a
member, the name of the political party that nominated the
candidate shall be added opposite the name of the candidate;
(D) For a candidate who is a member of a political party who is
nominated by more than one political party of which the candidate
is not a member, the name of the political party selected by the
candidate shall be added opposite the name of the candidate; and
(E) For a candidate who is nominated by a political party of
which the candidate is a member, the name of the political party
of which the candidate is a member shall be added opposite the
name of the candidate.
(b) If a candidate is required to select the name of a
political party to be added on the ballot under paragraph (a) of
this subsection, the candidate shall notify the filing officer of
the selection not later than the 61st day before the day of the
election.
(c) The word 'incumbent' shall follow the name of each
candidate for the Supreme Court, Court of Appeals, Oregon Tax
Court or circuit court who is designated the incumbent by the
Secretary of State under ORS 254.085.
{ + (d) The word 'nonaffiliated' shall follow the name of
each candidate who is not affiliated with a political party and
who is nominated by an assembly of electors or individual
electors. + }
{ - (d) - } { + (e) + } If two or more candidates for the
same office have the same or similar surnames, the location of
their places of residence shall be printed opposite their names
to distinguish one from another.
SECTION 47. ORS 254.470 is amended to read:
254.470. (1) An election by mail shall be conducted as provided
in this section. The Secretary of State may adopt rules governing
the procedures for conducting an election by mail.
(2) The Secretary of State by rule shall establish requirements
and criteria for the designation of places of deposit for the
ballots cast in the election. The rules shall also specify the
dates and times the places of deposit must be open and the
security requirements for the places of deposit. At a minimum,
the places designated under this section shall be open on the
date of the election for a period of eight or more hours, but
must be open until at least 8 p.m. At each place of deposit
designated under this section, the county clerk shall prominently
display a sign stating that the location is an official ballot
drop site.
(3)(a) Except as provided in paragraphs (b), (c) and (d) of
this subsection, the county clerk shall mail by nonforwardable
mail an official ballot with a return identification envelope and
a secrecy envelope not sooner than the 18th day before the date
of an election conducted by mail and not later than the 14th day
before the date of the election, to each active elector of the
electoral district as of the 21st day before the date of the
election.
(b) Notwithstanding paragraph (a) of this subsection, if the
county clerk determines that an active elector of the electoral
district as of the 21st day before the date of the election does
not receive daily mail service from the United States Postal
Service, the county clerk shall mail by nonforwardable mail an
official ballot with a return identification envelope and a
secrecy envelope to the elector not sooner than the 20th day
before the date of an election conducted by mail and not later
than the 18th day before the date of the election.
(c) Notwithstanding paragraph (a) of this subsection, the
Secretary of State by rule shall specify the date on which all
ballots shall be mailed for any state election conducted by mail
under ORS 254.465 (2).
(d) Notwithstanding paragraph (a) of this subsection, in the
case of ballots to be mailed to addresses outside this state to
electors who are not long-term absent electors, the county clerk
may mail the ballots not sooner than the 29th day before the date
of the election.
(4) For an election held on the date of a primary election:
(a) The county clerk shall mail the official ballot of a major
political party to each elector who is registered as being
affiliated with the major political party as of the 21st day
before the date of the election.
(b) { + The county clerk shall mail + } { - An elector not
affiliated with any political party shall be mailed - } the
{ + official + } ballot of a major political party { + to an
elector not affiliated with any political party + } { - in
whose primary election the elector wishes to vote - } if the
elector has applied for the ballot as provided in this subsection
and that party has provided under ORS 254.365 for a primary
election that admits electors not affiliated with any political
party.
(c) An elector not affiliated with any political party who
wishes to vote in the primary election of a major political party
shall apply to the county clerk in writing. { + The application
shall indicate which major political party ballot the elector
wishes to receive. + } Except for electors described in
subsection (5) of this section, and subject to ORS 247.203, the
application must be received by the county clerk not later than 5
p.m. of the 21st day before the date of the election.
(d) If the primary election ballot includes city, county or
nonpartisan offices or measures, an elector not eligible to vote
for party candidates shall be mailed a ballot limited to those
offices and measures for which the elector is eligible to vote.
(5) For each elector who updates a voter registration after the
deadline in ORS 247.025, the county clerk shall make the official
ballot, the return identification envelope and the secrecy
envelope available either by mail or at the county clerk's office
or at another place designated by the county clerk. An elector to
whom this subsection applies must request a ballot from the
county clerk.
(6) The ballot or ballot label shall contain the following
warning:
_________________________________________________________________
Any person who, by use of force or other means, unduly
influences an elector to vote in any particular manner or to
refrain from voting { - , - } is subject { - , upon
conviction, to imprisonment or - } to a fine { - , or both - }
.
_________________________________________________________________
(7) Upon receipt of any ballot described in this section, the
elector shall mark the ballot, sign the return identification
envelope supplied with the ballot and comply with the
instructions provided with the ballot. The elector may return the
marked ballot to the county clerk by United States mail or by
depositing the ballot at the office of the county clerk, at any
place of deposit designated by the county clerk or at any
location described in ORS 254.472 or 254.474. The ballot must be
returned in the return identification envelope. If the elector
returns the ballot by mail, the elector must provide the postage.
A ballot must be received at the office of the county clerk, the
designated place of deposit or at any location described in ORS
254.472 or 254.474 not later than the end of the period
determined under subsection (2) of this section on the date of
the election.
(8) An elector may obtain a replacement ballot if the ballot is
destroyed, spoiled, lost or not received by the elector.
Replacement ballots shall be issued and processed as described in
this section and ORS 254.480. The county clerk shall keep a
record of each replacement ballot provided under this subsection.
Notwithstanding any deadline for mailing ballots in subsection
(3) or (4) of this section, a replacement ballot may be mailed,
made available in the office of the county clerk or made
available at one central location in the electoral district in
which the election is conducted. The county clerk shall designate
the central location. A replacement ballot need not be mailed
after the fifth day before the date of the election.
(9) A ballot shall be counted only if:
(a) It is returned in the return identification envelope;
(b) The envelope is signed by the elector to whom the ballot is
issued; and
(c) The signature is verified as provided in subsection (10) of
this section.
(10) The county clerk shall verify the signature of each
elector on the return identification envelope with the signature
on the elector's registration card, according to the procedure
provided by rules adopted by the Secretary of State. If the
county clerk determines that an elector to whom a replacement
ballot has been issued has voted more than once, the county clerk
shall count only one ballot cast by that elector.
(11) At 8 p.m. on election day, electors who are at the county
clerk's office, a site designated under subsection (2) of this
section or any location described in ORS 254.472 or 254.474 and
who are in line waiting to vote or deposit a voted ballot shall
be considered to have begun the act of voting.
SECTION 48. ORS 254.545 is amended to read:
254.545. 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 49. ORS 254.546 is amended to read:
254.546. (1) In the case of a recall election held on a date
other than the date of the primary election or general election,
the county clerk shall prepare an abstract of the votes and
deliver it to the { - appropriate officials - } { + elections
official authorized to order the recall election + } not later
than the 20th day after the election.
(2) { + Except as provided in subsection (3) of this
section, + } for purposes of section 18, Article II, Oregon
Constitution, the result of the recall election referred to in
subsection (1) of this section shall be considered officially
declared on the date the abstract of the votes is delivered.
{ + (3) If the elections official authorized to order the
recall election is the Secretary of State, the Secretary of State
shall officially declare the result of the election not later
than the 30th day after the election. + }
SECTION 50. ORS 44.510 is amended to read:
44.510. As used in ORS 44.510 to 44.540, unless the context
requires otherwise:
(1) 'Information' has its ordinary meaning and includes, but is
not limited to, any written, oral, pictorial or electronically
recorded news or other data.
(2) 'Medium of communication' has its ordinary meaning and
includes, but is not limited to, any newspaper, magazine or other
periodical, book, pamphlet, news service, wire service, news or
feature syndicate, broadcast station or network, or cable
television system. Any information which is a portion of a
governmental utterance made by an official or employee of
government within the scope of the official's or employee's
governmental function, or any political publication subject to
ORS 260.532 { - and 260.605 - } , is not included within the
meaning of ' medium of communication. '
(3) 'Processing' has its ordinary meaning and includes, but is
not limited to, the compiling, storing and editing of
information.
(4) 'Published information' means any information disseminated
to the public.
(5) 'Unpublished information' means any information not
disseminated to the public, whether or not related information
has been disseminated. 'Unpublished information' includes, but is
not limited to, all notes, outtakes, photographs, tapes or other
data of whatever sort not themselves disseminated to the public
through a medium of communication, whether or not published
information based upon or related to such material has been
disseminated.
SECTION 51. ORS 260.993 is amended to read:
260.993. (1) The penalty for violation of ORS 260.532 is
limited to that provided in ORS 260.532 (6) and (8).
(2) Violation of ORS 247.125, 247.171 (5), 247.420 (2),
253.710, 260.402, 260.555, 260.558, 260.575, { - 260.615, - }
260.645 { - , - } { + or + } 260.665 (2) or (3) involving any
action described in ORS 260.665 (2)(d) to (f) { - , - }
{ + or + } 260.715 { - or 260.718 - } is a Class C felony.
(3) Violation of ORS 260.695 (4) is a Class A misdemeanor.
(4) Violation of ORS 247.171 (6) is a Class C misdemeanor.
SECTION 52. ORS 260.995 is amended to read:
260.995. (1) Except as provided in subsection (2) of this
section, following an investigation under ORS 260.345, the
Secretary of State or Attorney General may impose a civil penalty
not to exceed $250 for each violation of any provision of Oregon
Revised Statutes relating to the conduct of any election, any
rule adopted by the Secretary of State under ORS chapters 246 to
260 or any other matter preliminary to or relating to an
election, for which no penalty is otherwise provided.
(2) The Secretary of State or the Attorney General may impose a
civil penalty not to exceed $1,000 for each violation of ORS
251.049 (3) or 251.405 (3).
(3) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.745. In addition to the requirements of ORS 183.745, the
notice shall include:
(a) A statement of the authority and jurisdiction under which
the hearing is to be held; and
(b) If the person is an agency, corporation or an
unincorporated association, a statement that such person must be
represented by an attorney licensed in Oregon, unless the person
is a political committee which may be represented by any officer
identified in the most recent statement of organization filed
with the filing officer.
(4) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
Secretary of State or Attorney General:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the date the person received notice sent under subsection
(3) of this section; or
(b) Upon the Secretary of State's or Attorney General's own
motion.
(5) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but
instead may submit written testimony and other evidence, sworn to
before a notary public, to the Secretary of State or Attorney
General for entry in the hearing record. Such documents must be
received by the Secretary of State or Attorney General not later
than three business days before the day of the hearing.
(6) All hearings under this section shall be held not later
than 30 days after the deadline for the person against whom the
penalty may be assessed to request a hearing. However, if
requested by the person against whom the penalty may be assessed,
a hearing under subsection (4) of this section shall be held not
later than 45 days after the deadline for the person against whom
the penalty may be assessed to request a hearing.
(7) The Secretary of State or Attorney General shall issue an
order not later than 90 days after a hearing or after the
deadline for requesting a hearing if no hearing is held.
(8) { - Except as provided in this subsection, - } All
penalties recovered under this section shall be paid into the
State Treasury and credited to the General Fund. { - A penalty
that is recovered from a person who violated ORS 260.432 (1) or
from a public employee who violated ORS 260.432 (2) shall be
remitted as follows: - }
{ - (a) If the public employee involved is an employee of the
state or any of its agencies or institutions, the penalty shall
be paid into the State Treasury and credited to the General
Fund. - }
{ - (b) If the public employee involved is an employee of a
city, county or other political subdivision, the penalty shall be
paid to the city, county or other political subdivision. - }
SECTION 53. ORS 246.310 is amended to read:
246.310. (1) Not later than the 30th day before the primary
election:
(a) The county clerk shall appoint persons to serve on election
boards. There shall be at least one election board for each
polling place. { - If the poll book of a precinct is divided
into two or more separate parts as provided in ORS 254.226, the
county clerk may appoint an election board for each separate
part. - }
(b) The county clerk may appoint more than one election board
for any precinct in which 100 or more ballots were cast at the
last general election or in which there are more than 200
electors.
(2) The election board shall consist of a day board to issue
ballots and may include a counting board to count ballots. A day
board shall consist of three or more clerks. A counting board
shall consist of four or more clerks. No election board clerk
shall serve on the day board and the counting board at the same
time. The county clerk shall designate one clerk of each day
board and one clerk of each counting board as chairperson.
(3) The county clerk shall appoint the election board clerks
for a term of two years. The county clerk may withdraw the
appointment of a clerk at any time. Clerks may be reappointed for
more than one term.
(4) Except as provided in this subsection, an election board
clerk shall be an elector of the county, shall be able to read,
write and speak English and { - shall - } { + may + } not
serve at a polling place in an electoral district in which the
election board clerk is a candidate for any office, except
precinct committeeperson, to be voted on in that election. The
clerks of a day board or a counting board { - shall - }
{ + may + } not all be members of the same political party. The
Secretary of State shall adopt by rule standards under which
county clerks may employ persons to serve as election board
clerks who are not electors of the county but who are residents
of the county and who are at least 16 years of age. A person who
is the spouse, child, son or daughter-in-law, parent, mother or
father-in-law, sibling, brother or sister-in-law, aunt, uncle,
niece, nephew, stepparent or stepchild of a candidate on the
ballot at an election { - shall - } { + may + } not serve as
election board clerk at a polling place where the candidate may
be voted on, unless the candidate is a candidate for precinct
committeeperson and is the only such relative who is a candidate
on the ballot in the same election. The county clerk shall
appoint board clerks who have the necessary capacity and ability
to carry out their functions with sufficient skill and dispatch.
(5) In the event of a vacancy in the office of board clerk, the
county clerk shall appoint a qualified person to fill the
vacancy.
SECTION 54. ORS 250.041 is amended to read:
250.041. ORS 250.005 to { - 250.037 - } { + 250.038 + }
apply to the exercise of initiative or referendum powers:
(1) Regarding a county measure, regardless of anything to the
contrary in the county charter or ordinance.
(2) Regarding a city measure, regardless of anything to the
contrary in the city charter or ordinance.
SECTION 55. 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 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 - } { + may + }
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.
SECTION 56. ORS 254.482 is amended to read:
254.482. { - (1) This section applies only to elections
conducted by mail. - }
{ - (2) - } After the date that ballots are mailed as
provided in ORS 254.470, the county clerk, if requested, shall
permit authorized persons to be at the office of the county clerk
to watch the receiving and counting of votes. The authorization
shall be in writing, shall be signed by an officer or its county
affiliate of a political party, a candidate or the county clerk
and shall be filed with the county clerk. The county clerk shall
permit only so many persons as watchers under this
{ - subsection - } { + section + } as will not interfere with
an orderly procedure at the office of the county clerk.
SECTION 57. ORS 254.515 is amended to read:
254.515. Ballots marked 'Presidential only' { - or 'federal
offices only' shall - } { + may + } be counted only for the
offices { - or measures that - } { + for which + } the
elector is entitled to vote. Votes on the ballot for other
offices { - or measures shall - } { + may + } not be counted.
SECTION 58. ORS 260.715 is amended to read:
260.715. (1) { - No - } { + A + } person { - shall - }
{ + may not + } knowingly make a false statement, oath or
affidavit { - where - } { + when + } a statement, oath or
affidavit is required under the election laws.
(2) { - No - } { + A + } person { - shall - } { + may
not + } request a ballot in a name other than the person's own
name.
(3) { - No - } { + A + } person { - shall - } { + may
not + } vote or attempt to vote more than once at any election
held on the same date.
(4) { - No - } { + A + } person, except an elections
official in performance of duties, { - shall - } { + may
not + } willfully alter or destroy a ballot cast at an election
or the returns of an election.
(5) { - No - } { + A + } person { - shall - } { + may
not + } willfully place a fraudulent ballot among the genuine
ballots.
(6) { - No - } { + A + } person { - shall - } { + may
not + } falsely write anything purporting to be written by an
election board member on the ballot or ballot stub.
(7) { - No - } { + A + } person { - shall - } { + may
not + } commit theft of a ballot or tally or return sheet, or
willfully hinder or delay the delivery of the tally or return
sheet to the county clerk, or fraudulently break open a sealed
tally or return sheet of the election.
(8) { - No - } { + A + } person { - shall - } { + may
not + } manufacture or knowingly use a fraudulent ballot return
identification envelope or secrecy envelope { + or sell, offer
to sell, purchase or offer to purchase, for money or other
valuable consideration, any official ballot, replacement ballot,
ballot return identification envelope or secrecy envelope + }. As
used in this subsection, 'ballot return identification envelope'
and 'secrecy envelope' mean those envelopes used to return
ballots to the county clerk by absent electors or in elections
conducted by mail.
{ - (9) No person shall sell, offer to sell, purchase or
offer to purchase, for money or other valuable consideration, any
absentee ballot or any ballot mailed to an elector in an election
conducted by mail. - }
SECTION 59. ORS 204.010 is amended to read:
204.010. (1) Except as provided in subsection (2) of this
section, the term of office of each officer mentioned in ORS
204.005 is four years.
(2) When two or more county commissioners are elected for one
county at a general election and one of them is elected to fill a
vacancy, as provided in ORS 204.005 { - (6) - } { + (7) + },
one of them shall hold office for two years and the others four
years.
SECTION 60. ORS 249.735 is amended to read:
249.735. (1) An assembly of electors is an organized body:
(a) Of not fewer than 1,000 electors of the state for a
statewide nomination.
(b) Of not fewer than 500 electors of the congressional
district for which the nomination for Representative in Congress
is made.
(c) Of not fewer than 250 electors of the county or any other
district for which the nomination is made.
(2) An assembly of electors { - shall - } { + may + }
nominate candidates at a nominating convention. The convention
shall be held in one day and last not longer than 12 hours. The
signature, printed name and residence { + or + } mailing address
of each member of the assembly shall be recorded at the
convention and entered of record in the minutes by the secretary
of the assembly. Not less than the minimum number of electors
required to constitute an assembly of electors { - shall - }
{ + must + } have recorded their signatures in the minutes of
the assembly and must be present when the assembly nominates a
candidate. The candidate receiving the highest number of votes of
the assembly for the office shall be the nominee of the assembly.
(3) Not later than the 10th day before the meeting of an
assembly of electors, notice shall be published at least once in
not less than three newspapers of general circulation within the
electoral district for which the nomination will be made. The
notice shall contain the time and place the assembly will meet,
the office or offices for which nominations will be made, and the
names and addresses of not fewer than 25 electors qualified to
vote in the assembly who desire that it be held.
(4) Proof of publication of notice in subsection (3) of this
section shall be made by affidavit of the owner, editor,
publisher, manager, advertising manager, principal clerk of any
of them, or the printer or printer's foreman of the newspaper in
which the notice is published. The affidavit shall show
publication and shall be filed with the filing officer with the
certificate of nomination.
(5) Not later than the 10th day before the meeting of an
assembly of electors, a copy of the notice under subsection (3)
of this section shall be delivered to the filing officer who will
supervise the conduct of the nominating convention.
(6) The presiding officer of an assembly of electors shall
deliver the signatures of assembly members entered in the minutes
to the appropriate county clerks of the counties in which the
assembly members live. The signatures shall be certified by the
appropriate county clerk under ORS 249.008. A copy of the
minutes, certified by the secretary of the assembly, and the
certificate of the county clerk shall be filed with the filing
officer with the certificate of nomination.
(7) If the assembly of electors designates a committee to whom
the assembly delegated the authority to fill vacancies as
provided in ORS 249.842, a notice containing the names of the
members of the committee shall be delivered to the filing officer
with the certificate of nomination.
SECTION 61. ORS 249.740 is amended to read:
249.740. (1) A certificate of nomination made by individual
electors shall contain a number of signatures of electors in the
electoral district equal to not less than one percent of the
total votes cast in the electoral district for which the
nomination is intended to be made, for all candidates for
presidential electors at the last general election.
(2) Each elector signing a certificate of nomination made by
individual electors shall include the residence { + or + }
mailing address of the elector. Except for a certificate of
nomination of candidates for electors of President and Vice
President of the United States, a certificate of nomination made
by individual electors shall contain the name of only one
candidate.
(3) Before beginning to circulate the certificate of
nomination, the chief sponsor of the certificate shall file a
signed copy of the prospective certificate with the filing
officer referred to in ORS 249.722. The chief sponsor of the
certificate shall include with the prospective certificate a
statement declaring whether one or more persons will be paid
money or other valuable consideration for obtaining signatures of
electors on the certificate. After the prospective certificate is
filed, the chief sponsor shall notify the filing officer not
later than the 10th day after the chief sponsor 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 certificate declared that
no such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective certificate declared that
one or more such persons would be paid.
(4) The circulator shall certify on each signature sheet that
the individuals signed the sheet in the presence of the
circulator and that the circulator believes each individual is an
elector registered in the electoral district.
(5) The signatures contained in each certificate of nomination
made by individual electors shall be certified for genuineness by
the county clerk under ORS 249.008.
(6) As used in this section, 'prospective certificate ' means
the information, except signatures and other identification of
certificate signers, required to be contained in a completed
certificate of nomination.
SECTION 62. ORS 249.048 is amended to read:
249.048. { - No - } { + A + } candidate for nomination of a
major political party to a public office who fails to receive the
nomination
{ - shall be entitled to - } { + may not + } be the candidate
of any other political party or { - to become an
independent - } { + a nonaffiliated + } candidate for the same
office at the succeeding general election. The filing officer
{ - shall - } { + may + } not certify the name of { - such
a - } { + the + } candidate.
SECTION 63. ORS 249.076 is amended to read:
249.076. { + (1) + } { - No - } { + A + } person who is
not a member of the same major political party as the candidate
for nomination by the major political party may { + not + } sign
the nominating petition of the candidate. { - However, - }
{ + (2) + } Any elector may sign { + :
(a) + } A nominating petition or certificate of nomination of
any candidate for nonpartisan office { - or independent
candidate - } { + ;
(b) A nominating petition or certificate of nomination of any
nonaffiliated candidate; + } and
{ + (c) + } Nominating petitions or certificates of
nomination for more than one candidate for the same office.
SECTION 64. ORS 246.012 is amended to read:
246.012. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'County governing body' means the county court sitting for
the transaction of county business or the board of county
commissioners.
(4) 'Election' means any election held within this state.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) 'Governing body' means the governing body of any
subdivision of the state.
(7) 'Local elections official' means any person who is:
(a) An official of any election precinct or special district or
public corporation organized for public purposes; and
(b) Authorized or required by law to perform functions in
connection with elections held in the election precinct or
special district or public corporation organized for public
purposes.
(8) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(9) 'Precinct' means any election precinct.
{ - (10) 'Voting machine' means: - }
{ - (a) Any device which will record every vote cast on
candidates and measures and which will either internally or
externally total all votes cast on that device. - }
{ - (b) Any device into which a ballot may be inserted and
which is so designed and constructed that the vote for any
candidate or measure may be indicated by punching or marking the
ballot. - }
{ - (11) - } { + (10) + } 'Vote tally system' means one or
more pieces of equipment necessary to examine and tally
automatically the marked
{ - or punched - } ballots.
{ + (11) 'Voting machine' means any device that will record
every vote cast on candidates and measures and that will either
internally or externally total all votes cast on that device. + }
SECTION 65. ORS 246.550 is amended to read:
246.550. (1) The Secretary of State shall publicly examine all
makes of voting machines or vote tally systems submitted to the
secretary and determine whether the machines or systems comply
with the requirements of ORS 246.560, and can safely be used by
electors.
(2) Any person owning or interested in a voting machine or vote
tally system may submit it to the secretary { - of State - }
for examination. For the purpose of assistance in examining the
machine or system the secretary { - of State - } may employ
not more than three individuals who are expert in one or more of
the fields of data processing, mechanical engineering and public
administration. The compensation of these assistants shall be
paid by the person submitting the machine or system.
(3) Not later than the 30th day after completing the
examination { - and approval of any - } { + , the secretary
shall approve or reject the + } voting machine or vote tally
system { + . If + } the secretary
{ - of State - } { + approves the machine or system, the
secretary + } shall make a report on the machine or system,
together with a written or printed description, drawings and
photographs clearly identifying the machine or system and its
operation. { - The Secretary of State - } Upon request { + ,
the secretary + } shall send a copy of the report to any
governing body within the state.
(4) Any voting machine or vote tally system { - that receives
the approval of - } { + approved by + }the secretary { - of
State - } may be used for conducting elections. { - Any - }
{ + A + } machine or system { - that does not receive such
approval shall - } { + rejected by the secretary may + }not be
used at any election. { - After a machine or system has been
approved by the Secretary of State, any change in the machine or
system that does not impair its accuracy, efficiency or capacity
shall not render necessary a reexamination or reapproval of the
machine or system - } { + If a machine or system is changed
after the machine or system has been approved by the secretary,
the secretary is not required to reexamine or reapprove the
machine or system if the secretary determines that the change
does not impair the accuracy, efficiency or capacity of the
machine or system.
(5) If, after consulting with county clerks, the secretary
determines that a voting machine or vote tally system approved by
the secretary does not comply with the requirements of ORS
246.560, the secretary may revoke the approval. If the secretary
revokes approval, the machine or system may not be used in any
election + }.
SECTION 66. ORS 246.560 is amended to read:
246.560. (1) { - No - } { + A + } voting machine
{ - shall - } { + may not + } be approved by the Secretary of
State unless { - it - } { + the voting machine + } is
constructed so that it:
(a) Secures to the elector secrecy of voting.
(b) Provides facilities for voting for the candidates of as
many political parties or organizations as may make nominations
and for or against as many measures as may be submitted.
(c) Permits the elector to vote for any person and as many
persons for an office and upon any measure for which the elector
has the right to vote.
(d) Permits the elector, except at a primary election, to vote
for all the candidates of one party or in part for the candidates
of one party and in part for the candidates of one or more other
parties.
(e) Correctly records on a separate ballot the votes cast by
each elector for any person and for or against any measure.
(f) Provides that a vote for more than one candidate cannot be
cast by one single operation of the voting machine or vote tally
system except for President and Vice President and electors for
those offices.
(g) Provides that straight party pointers shall be disconnected
from all candidate pointers.
{ + (h) Contains a device that will duplicate the votes cast
by each elector onto a paper record copy.
(i) Contains a device that will allow each elector to view the
elector's paper record copy while preventing the elector from
directly handling the paper record copy. + }
(2) A vote tally system shall be:
(a) Capable of correctly counting votes on ballots on which the
proper number of votes have been marked { - or punched - } for
any office or measure that has been voted.
(b) Capable of ignoring the votes marked { - or punched - }
for any office or measure { - where - } { + if + } more than
the allowable number of votes have been marked { - or
punched - } , but shall correctly count the properly voted
portions of the ballot.
(c) Capable of accumulating a count of the specific number of
ballots tallied for a precinct, accumulating total votes by
candidate for each office, and accumulating total votes for and
against each measure of the ballots tallied for a precinct.
(d) Capable of tallying votes from ballots of different
political parties, from the same precinct, in a primary election.
(e) Capable of accommodating the procedure established under
ORS 254.155.
(f) Capable of automatically producing precinct totals in
either printed, marked, or punched form, or combinations thereof.
SECTION 67. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
(2) 'Ballot label' means the material containing the names of
candidates or the measures to be voted on.
(3) 'Chief elections officer' means the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
(7) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(8) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(9) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court, Superintendent of Public Instruction, Commissioner of the
Bureau of Labor and Industries, any elected office of a
metropolitan service district under ORS chapter 268, justice of
the peace, county clerk, county assessor, county surveyor, county
treasurer, county judge who exercises judicial functions,
sheriff, district attorney or any office designated nonpartisan
by a home rule charter.
(10) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(11) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
{ - (12) 'Voting machine' means: - }
{ - (a) Any device which will record every vote cast on
candidates and measures and which will either internally or
externally total all votes cast on that device. - }
{ - (b) Any device into which a ballot may be inserted and
which is so designed and constructed that the vote for any
candidate or measure may be indicated by punching or marking the
ballot. - }
{ - (13) - } { + (12) + } 'Vote tally system' means one or
more pieces of equipment necessary to examine and tally
automatically the marked
{ - or punched - } ballots.
{ + (13) 'Voting machine' means any device that will record
every vote cast on candidates and measures and that will either
internally or externally total all votes cast on that device. + }
SECTION 68. ORS 254.485 is amended to read:
254.485. (1) Ballots may be tallied by a vote tally system or
by a counting board. A counting board may tally ballots at the
precinct or in the office of the county clerk. In any event, the
ballots shall be tallied and returned by precinct.
(2) If a vote tally system is used, the county clerk shall
repeat the public certification test described under ORS 254.235
(1). The test shall be conducted on the date of the election and
prior to beginning the tally of ballots. The test may be observed
by persons described in ORS 254.235 (2). The county clerk shall
certify the results of the test.
(3) If a vote tally system is used or if a counting board has
been appointed, the tally of ballots may begin before the polls
close.
(4) If ballots are tallied by a counting board, after the tally
has begun it shall continue until completed. A counting board
shall tally without adjournment and in the presence of the clerks
and persons authorized to attend. However, the board may be
relieved by another board if the tally is not completed after 12
hours.
(5) A counting board shall audibly announce the tally as it
proceeds. The board shall use only pen and ink to tally.
{ + (6) For ballots cast using a voting machine, the county
clerk shall:
(a) Enter the ballots cast using the machine into the vote
tally system; and
(b) In the event of a recount, provide the paper record copy
recorded by the machine to the counting board. + }
{ - (6) - } { + (7) + } { - No person - } { + A
person + } other than the county clerk, a member of a counting
board or any other elections official designated by the county
clerk may { + not + } tally ballots under this chapter.
SECTION 69. ORS 258.211 is amended to read:
258.211. (1) The ballot boxes containing the ballots to be
recounted shall be opened by the official directed to make the
recount only in the presence of the counting board and the
persons referred to in this section.
(2) The counting board shall conduct the recount by hand and,
if requested, permit:
(a) In the instance of a nomination or office, an affected
candidate or an elector authorized in writing by an affected
candidate, and an elector authorized in writing by each major or
minor political party to be present to watch the recount.
(b) In the instance of a measure, one elector advocating and
one elector opposing the measure to be present to watch the
recount.
{ + (3) For ballots cast using a voting machine:
(a) The county clerk shall deposit the paper record copy
recorded by the machine into the ballot box; and
(b) The paper record copies are the ballots to be recounted
under this section. + }
SECTION 70. ORS 246.185 is amended to read:
246.185. (1) The Elections Fund is established separate and
distinct from the General Fund of the State Treasury. { + Moneys
in the Elections Fund may be invested as provided in ORS 293.701
to 293.820. + } Interest earned by the Elections Fund { + and
the earnings of any investments + } shall be credited to the
fund.
(2) The Elections Fund consists of:
(a) Amounts appropriated or otherwise made available by the
Legislative Assembly or this state for carrying out the
activities for which payments are made to this state under the
federal Help America Vote Act of 2002 (P.L. 107-252);
(b) Payments made to this state under the federal Help America
Vote Act of 2002 (P.L. 107-252);
(c) Other amounts as may be appropriated by law; and
(d) Interest earned on deposits in the fund.
(3) Moneys deposited to the credit of the Elections Fund are
continuously appropriated to the Secretary of State for the
purpose of paying the expenses of carrying out the activities for
which payments are made to this state under the federal Help
America Vote Act of 2002 (P.L. 107-252).
SECTION 71. { + ORS 255.140 is added to and made a part of ORS
255.135 to 255.205. + }
SECTION 72. { + ORS 260.076 and 260.159 are added to and made
a part of ORS 260.035 to 260.156. + }
SECTION 73. { + ORS 249.015, 260.174, 260.605, 260.615,
260.625, 260.655 and 260.718 are repealed. + }
SECTION 74. { + (1) The amendments to ORS 260.005, 260.007,
260.044, 260.058, 260.063, 260.068, 260.073, 260.078, 260.112 and
260.118 by sections 1, 2, 7, 9 to 12, 15, 16 and 21 of this 2005
Act apply to contributions received and expenditures made prior
to, on or after the effective date of this 2005 Act and required
to be reported on statements filed on or after the effective date
of this 2005 Act.
(2) Section 5 of this 2005 Act and the amendments to ORS
260.039 and 260.042 by sections 3 and 6 of this 2005 Act apply to
statements of organization filed prior to, on or after the
effective date of this 2005 Act.
(3) The amendments to ORS 260.255 by section 18 of this 2005
Act apply to summaries prepared for elections held on or after
the effective date of this 2005 Act.
(4) The amendments to ORS 260.083, 260.205 and 260.232 by
sections 13, 17 and 25 of this 2005 Act apply to statements filed
on or after the effective date of this 2005 Act.
(5) The amendments to ORS 260.085 by section 14 of this 2005
Act apply to contributions received on or after the effective
date of this 2005 Act and to statements of contributions received
and expenditures made that are filed on or after the effective
date of this 2005 Act.
(6) The amendments to ORS 260.402 by section 19 of this 2005
Act apply to contributions made or received on or after the
effective date of this 2005 Act.
(7) The amendments to ORS 260.735 by section 20 of this 2005
Act apply to slate mailers produced on or after the effective
date of this 2005 Act.
(8) The amendments to ORS 249.865 by section 22 of this 2005
Act apply to recall petitions filed on or after the effective
date of this 2005 Act.
(9) The amendments to ORS 246.910 by section 26 of this 2005
Act apply to appeals of orders of the Secretary of State that are
served on or after the effective date of this 2005 Act.
(10) The amendments to ORS 249.037 and 249.722 by sections 32
and 33 of this 2005 Act do not affect any nominating petition,
declaration of candidacy or certificate of nomination filed prior
to the effective date of this 2005 Act.
(11) The amendments to ORS 249.068 by section 34 of this 2005
Act apply to nominating petitions filed on or after the effective
date of this 2005 Act.
(12) The amendments to ORS 249.720 by section 35 of this 2005
Act apply to certificates of nomination filed on or after the
effective date of this 2005 Act.
(13) The amendments to ORS 250.045 and 250.065 by sections 36
and 37 of this 2005 Act apply to referendum petitions for which a
prospective petition is filed on or after the effective date of
this 2005 Act.
(14) The amendments to ORS 250.067 by section 38 of this 2005
Act apply to draft ballot titles received by the Secretary of
State from the Attorney General on or after the effective date of
this 2005 Act.
(15) The amendments to ORS 250.165 by section 39 of this 2005
Act apply to initiative petitions approved for circulation prior
to, on or after the effective date of this 2005 Act.
(16) The amendments to ORS 260.995 by section 52 of this 2005
Act apply to civil penalties imposed on or after the effective
date of this 2005 Act.
(17) The repeal of ORS 249.015, 260.174, 260.605, 260.615,
260.625, 260.655 and 260.718 by section 73 of this 2005 Act, the
amendments to ORS 260.993 by section 51 of this 2005 Act and the
amendments to ORS 260.715 by section 58 of this 2005 Act do not:
(a) Apply to an action commenced prior to the effective date of
this 2005 Act; or
(b) Relieve a person of any obligation with respect to a fine,
civil penalty or other liability, duty or obligation accruing
under ORS 249.015, 260.174, 260.605, 260.615, 260.625, 260.655 or
260.718.
(18) The amendments to ORS 246.012, 246.550, 246.560, 254.005,
254.485 and 258.211 by sections 64 to 69 of this 2005 Act apply
to voting machines and vote tally systems approved prior to, on
or after the effective date of this 2005 Act.
(19) The amendments to ORS 246.185 by section 70 of this 2005
Act apply to moneys deposited in the Elections Fund prior to, on
or after the effective date of this 2005 Act. + }
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