Chapter 155
AN ACT
SB 77
Relating to elections; creating new
provisions; amending ORS 203.035, 236.320, 249.042, 249.061, 249.064, 249.078,
249.830, 249.865, 250.355, 253.030 and 260.715; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 236.320 is amended to read:
236.320. (1)
Resignation shall be made as follows:
[(1)] (a) By the Secretary of State, State Treasurer and all
officers elected by the legislature, to the Governor.
[(2)] (b) By all officers who hold
their offices by election, to the officer authorized by law to order a special
election to fill the resulting vacancy.
[(3)] (c) By all other officers holding their offices by
appointment, to the body, board or officer that appointed them.
(2) Resignations
described in this section must be made in writing.
SECTION 2. ORS 249.042 is amended to read:
249.042. When an elector
files with the appropriate filing officer [a
signed copy of the elector’s prospective petition for nomination] the
statement and prospective petition under ORS 249.061, or a declaration of
candidacy, it [shall be] is
conclusive evidence that the elector is a candidate for nomination or election
by the elector’s political party or to the nonpartisan office stated in the
petition or declaration.
SECTION 3. ORS 249.061 is amended to read:
249.061. (1) [No] A petition for nomination [shall] may not contain the name
of more than one candidate.
(2) Before circulating a
nominating petition, the candidate shall deliver to the officer with whom the
petition will be filed[,]:
(a) A statement signed
by the candidate indicating that the candidacy is by prospective petition; and
(b) A copy of the prospective petition [signed by the candidate].
(3) The candidate shall include
with the nominating petition a statement declaring whether one or more persons
will be paid money or other valuable consideration for obtaining signatures of
electors on the nominating petition. After the nominating petition is filed,
the candidate shall notify the filing officer not later than the 10th day after
the candidate first has knowledge or should have had knowledge that:
(a) Any person is being
paid for obtaining signatures, when the statement included with the nominating
petition declared that no such person would be paid.
(b) No person is being
paid for obtaining signatures, when the statement included with the nominating
petition 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 qualified to sign the petition.
SECTION 4. ORS 249.064 is amended to read:
249.064. (1) A nominating petition of a candidate seeking the nomination
of a major political party shall contain a statement that each elector whose
signature appears on the petition is a member of the same major political party
as is the candidate.
(2) A nominating
petition of any candidate shall contain the number of signatures of electors
required by ORS 249.068 or 249.072 and the residence or mailing address
and name or number of the precinct, if known, of each elector whose signature
appears.
[(3) The signatures contained in the nominating petition shall be
certified for genuineness by the county clerks under ORS 249.008.]
(3) Pursuant to ORS
249.008, the county clerks shall certify the signatures contained in the
nominating petition for genuineness.
SECTION 5. ORS 249.078 is amended to read:
249.078. (1) The name of a candidate for a major political party
nomination for President of the
(a) By direction of the
Secretary of State who in the secretary’s sole discretion has determined that
the candidate’s candidacy is generally advocated or is recognized in national
news media; or
(b) By nominating
petition described in this section and filed with the Secretary of State.
(2) A petition
nominating a candidate under this section shall contain from each congressional
district the signatures of at least 1,000 electors who are registered in the
district and who are members of the major political party of the candidate. The
electors in each congressional district shall include electors registered in at
least five percent of the precincts in each of at least one-fourth of the
counties in the congressional district. The petition shall contain the printed
name, residence or mailing address and name or number of the precinct,
if known, of each elector whose signature appears on the petition. The
signatures shall be certified for genuineness by the county clerks under ORS
249.008. Before circulating the petition, the chief sponsor shall file with the
Secretary of State a signed copy of the prospective petition. The chief sponsor
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 petition. After the prospective
petition is filed, the chief sponsor shall notify the Secretary of State 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
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.
SECTION 6. ORS 249.830 is amended to read:
249.830. (1) A [Any] person who has been nominated and
has accepted the nomination under ORS 249.712 may withdraw from the
nomination [not later than the 67th day
before the general election] by filing with the officer with whom the
certificate of nomination was filed a written statement declining the
nomination and stating the reason for withdrawal. [The statement shall be signed and acknowledged by the candidate before
a notary public.]
(2) The statement
must be:
(a) Signed by the person
withdrawing from the nomination; and
(b) Filed not later than
the 67th day before the general election.
(3) The [withdrawal]
statement may be sent to the Secretary of State through a county clerk,
as provided by ORS 249.850.
SECTION 7. 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 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 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 or 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 listed on the statement
of organization filed under subsection (1) of this section invalidates the
prospective petition before it is circulated for signatures.
SECTION 8. ORS 250.355 is amended to read:
250.355. If a referendum
petition contains the required number of verified signatures, the election on
the city measure shall be held on the next available election date in ORS
221.230 that is not sooner than the 90th day after the referendum [measure] petition was filed with
the city elections officer.
SECTION 9. ORS 253.030 is amended to read:
253.030. (1) Before an election any elector may apply to the clerk for
the absentee ballot of the election.
(2) An application for
an absentee ballot must[:]
[(a) Be in writing and signed by the applicant;
and]
[(b)] be received by the clerk not later than 8 p.m. the day of the
election.
(3) If an applicant not
affiliated with any political party desires to vote in any major political
party primary election, the applicant may request and shall be sent a ballot
for a major political party if that political party has provided under ORS
254.365 for a primary election that admits electors not affiliated with any
political party.
(4) Application for an
absentee ballot may be made in any manner designated by the Secretary of
State by rule, including by electronic mail or by using a facsimile
machine. As used in this subsection, “facsimile machine” means a machine that
electronically transmits or receives facsimiles of documents through connection
with a telephone network.
(5) If an elector
desires, the elector’s application shall be valid for every subsequent election
until the elector otherwise notifies the clerk or is no longer an elector of
the county.
SECTION 10. ORS 260.715 is amended to read:
260.715. (1) A person may not knowingly make a false statement, oath or
affidavit when a statement, oath or affidavit is required under the election
laws.
(2) A person may not
request a ballot in a name other than the person’s own name.
(3) A person may not
vote or attempt to vote more than once at any election held on the same date.
(4) A person may not
vote or attempt to vote both in an election held in this state and in another
state on the same date.
[(4)] (5) A person, except an elections official in
performance of duties, may not willfully alter or destroy a ballot cast at an
election or the returns of an election.
[(5)] (6) A person may not willfully place a fraudulent
ballot among the genuine ballots.
[(6)] (7) A person may not falsely
write anything purporting to be written by an election board member on the
ballot or ballot stub.
[(7)] (8) A person 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)] (9) A person 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.
SECTION 11. (1) The amendments to ORS 236.320 by
section 1 of this 2007 Act apply to resignations submitted on or after the
effective date of this 2007 Act.
(2) The amendments to
ORS 249.042, 249.061, 249.064 and 249.078 by sections 2 to 5 of this 2007 Act
apply to nominating petitions filed on or after the effective date of this 2007
Act.
(3) The amendments to
ORS 249.830 by section 6 of this 2007 Act apply to statements of withdrawal
from nomination filed on or after the effective date of this 2007 Act.
(4) The amendments to
ORS 249.865 by section 7 of this 2007 Act apply to recall petitions filed on or
after the effective date of this 2007 Act.
(5) The amendments to
ORS 253.030 by section 9 of this 2007 Act apply to applications for absentee
ballots made on or after the effective date of this 2007 Act.
(6) The amendments to
ORS 260.715 by section 10 of this 2007 Act apply to elections held on or after
the effective date of this 2007 Act.
SECTION 12. ORS 203.035 is amended to read:
203.035. (1) Subject to
subsection (3) of this section, the governing body or the electors of a county
may by ordinance exercise authority within the county over matters of county
concern, to the fullest extent allowed by Constitutions and laws of the United
States and of this state, as fully as if each particular power comprised in
that general authority were specifically listed in ORS 203.030 to 203.075.
(2) The power granted by
this section is in addition to other grants of power to counties, shall not be
construed to limit or qualify any such grant and shall be liberally construed,
to the end that counties have all powers over matters of county concern that it
is possible for them to have under the Constitutions and laws of the United
States and of this state.
(3) An ordinance adopted
by a county governing body that changes the number or mode of selection of
elective county officers shall not take effect unless the ordinance is
submitted to and approved by the electors of the county at a primary election,
[or] general election or election
held on the first Tuesday after the first Monday in November of an odd-numbered
year. However, [no]
an ordinance adopted under this section may not change the mode
of selection of a county assessor.
(4) Nothing in this
section shall be construed to limit the rights of the electors of a county to
propose county ordinances through exercise of the initiative power.
SECTION 13. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date May 25, 2007
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