Chapter 159
AN ACT
SB 124
Relating to ballot titles; creating new provisions; and amending ORS
250.045, 250.067, 250.085 and 254.085.
Be It Enacted by the People of the State of
SECTION
1. 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] may
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)(a) If written
comments are submitted to the secretary under subsection (1) of this section, the
Attorney General shall consider [any
written comments submitted under subsection (1) of this section and shall] the
comments and 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].
(b) If no written
comments are submitted to the secretary [of
State], the Attorney General shall certify the draft ballot title not later
than the 20th business day after the secretary [of State] receives the draft title from the Attorney General. If
the Attorney General determines that a draft ballot title described in this
paragraph contains a clerical error, the Attorney General may correct the error
before certifying the corrected draft ballot title to the secretary.
(c) If the Attorney
General determines that a ballot title certified under this subsection contains
a clerical error, the Attorney General may correct the error and certify to the
secretary a corrected ballot title not later than the 10th business day after
the date the ballot title was certified.
(d) The secretary [of State] shall furnish the chief petitioner with a copy of [the] each ballot title certified
under this subsection.
(3) Unless the Supreme
Court certifies a different ballot title, the latest ballot title [provided] certified by the
Attorney General under subsection (2) of this section [shall be] is the title to be 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.
(6) As used in this
section, “clerical error” means a typographical, arithmetical or grammatical
error or omission that is evident from the text of the draft or certified
ballot title or by comparison of the text of the draft or certified ballot
title with a written explanation that was provided by the Attorney General and
issued concurrently with the draft or certified ballot title.
SECTION 2.
ORS 250.085 is amended to read:
250.085. (1) Any elector
dissatisfied with a ballot title prepared by the Legislative Assembly for a
measure referred to the people by the assembly and filed with the Secretary of
State may petition the Supreme Court seeking a different title. The petition
shall state the reasons that the title filed with the Secretary of State does
not substantially comply with the requirements of ORS 250.035.
(2) Any elector
dissatisfied with [a] the latest
ballot title for an initiated or referred measure certified by the Attorney
General and who timely submitted written comments on the draft ballot title may
petition the Supreme Court seeking a different title. The petition shall state
the reasons that the title filed with the Secretary of State does not
substantially comply with the requirements of ORS 250.035.
(3) The petition shall
name the Attorney General as the respondent and must be filed:
(a) Not later than the
10th business day after the Attorney General certifies a ballot title or a
corrected ballot title to the Secretary of State, whichever is later;
or
(b) If the title is
provided by the Legislative Assembly under ORS 250.075, not later than the 10th
business day after the Legislative Assembly files the ballot title with the
Secretary of State.
(4) An elector filing a
petition under this section shall notify the Secretary of State in writing that
the petition has been filed. The notice must be received in the office of the
Secretary of State not later than 5 p.m. on the next business day following the
day the petition is filed.
(5) The Supreme Court
shall review the title for substantial compliance with the requirements of ORS
250.035.
(6) When reviewing a
title [prepared] certified by
the Attorney General, the Supreme Court shall not consider arguments concerning
the ballot title not presented in writing to the Secretary of State unless the
court determines that the argument concerns language added to or removed from
the draft title after expiration of the comment period provided in ORS 250.067.
(7) The review by the
Supreme Court shall be conducted expeditiously to ensure the orderly and timely
circulation of the petition or conduct of the election at which the measure is
to be submitted to the electors.
(8) If the Supreme Court
determines that the latest ballot title certified by the Attorney
General or prepared by the Legislative Assembly substantially complies with the
requirements of ORS 250.035, the court shall certify the title to the Secretary
of State. If the Supreme Court determines that the latest ballot title
certified by the Attorney General or prepared by the Legislative Assembly does
not substantially comply with the requirements of ORS 250.035, the court shall
modify the ballot title and certify the ballot title to the Secretary of State
or refer the ballot title to the Attorney General for modification.
(9) Not later than five
business days after the Supreme Court refers a ballot title to the Attorney
General under this section, the Attorney General shall file a modified ballot
title with the Supreme Court and serve copies of the modified ballot title on
all parties to the ballot title review proceeding. If no party to the ballot
title review proceeding files an objection to the modified ballot title within
five business days after the date the modified ballot title is filed, the
Supreme Court shall certify the modified ballot title to the Secretary of State
and enter an appellate judgment the next judicial day. If any of the parties to
the ballot title review proceeding timely files a petition objecting to the
modified ballot title, the Supreme Court shall review the modified ballot title
to determine whether the modified ballot title substantially complies with the
requirements of ORS 250.035.
(10) Upon the filing of
a petition under subsection (9) of this section objecting to a modified ballot
title:
(a) If the Supreme Court
determines that the modified ballot title substantially complies with the
requirements of ORS 250.035, the court shall certify the modified ballot title
to the Secretary of State; or
(b) If the Supreme Court
determines that the modified ballot title does not substantially comply with
the requirements of ORS 250.035, the court shall modify the ballot title and
certify the ballot title to the Secretary of State or refer the modified ballot
title to the Attorney General for additional modification and further
proceedings under subsection (9) of this section.
SECTION 3.
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 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 latest ballot title [described in] certified by the
Attorney General under 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 4.
ORS 254.085 is amended to read:
254.085. (1) The
Secretary of State, not later than the 61st day before the date of a primary or
general election, shall file with each county clerk a statement of the state
and congressional district offices to be filled or for which candidates are to
be nominated in the county at the election, information concerning all
candidates for the offices, and the state measures to be voted on.
(2) The information
concerning candidates for the Supreme Court, Court of Appeals, Oregon Tax Court
and circuit court shall include a designation of incumbent for each candidate
who is the regularly elected or appointed judge of the court to which the
candidate seeks election. If a candidate was regularly elected or appointed to
a specific position or department on the court, the candidate shall be
designated as the incumbent only if the person is a candidate for that position
or department.
(3) Included with each
state measure shall be the measure number, the latest ballot title [prepared] certified by the
Attorney General under ORS 250.067 (2) or, if the Supreme Court has reviewed
the title under ORS 250.085, the title certified by the court and the financial
estimates under ORS 250.125. The Secretary of State shall keep a copy of the
statement.
SECTION 5. The
amendments to ORS 250.067 and 250.085 by sections 1 and 2 of this 2007 Act
apply to ballot titles first filed by the Attorney General as draft ballot
titles on or after the effective date of this 2007 Act.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date January 1, 2008
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