74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1808
House Bill 2061
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Public Commission on the
Oregon Legislature)
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 as
introduced.
Designates United States Senator, Representative in Congress,
Governor, Secretary of State, State Treasurer, Attorney General,
state Senator, state Representative and any state, county, city
or district office as voter choice offices. Excludes nonpartisan
offices.
Allows voters at primary election to vote for any candidate for
voter choice office, without regard to political party
affiliation, or lack of affiliation, of voter or candidate.
Specifies that two candidates for voter choice office receiving
highest number of votes at primary election are nominated for
office at general election.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
171.051, 171.060, 171.068, 188.120, 246.560, 248.006, 248.007,
248.008, 249.002, 249.016, 249.020, 249.031, 249.042, 249.046,
249.064, 249.072, 249.076, 249.088, 249.180, 249.205, 249.722,
249.735, 249.737, 249.740, 249.830, 249.850, 251.022, 253.030,
253.540, 253.565, 254.005, 254.056, 254.076, 254.115, 254.135,
254.195, 254.205, 254.235, 254.365, 254.370, 254.470, 254.480,
254.575, 254.650 and 260.112; and repealing ORS 249.068,
249.200, 254.025 and 254.069.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.056 is amended to read:
254.056. (1) The general election shall be held on the first
Tuesday after the first Monday in November of each even-numbered
year. Except as provided in ORS 254.650, at the general election
officers of the state and subdivisions of the state, members of
Congress and electors of President and Vice President of the
United States as are to be elected in that year shall be elected.
(2) The primary election shall be held on the third Tuesday in
May of each even-numbered year. At the primary election
{ - precinct committeepersons shall be elected and major
political party candidates shall be nominated for offices to be
filled at the general election held in that year - } { + :
(a) Precinct committeepersons shall be elected by members of
major political parties;
(b) Nonpartisan candidates shall be nominated for offices to be
filled at the general election held in that year or elected by
all electors, as provided in ORS 249.088;
(c) Voter choice office candidates shall be nominated by all
electors, as described in ORS chapter 249, for offices to be
filled at the general election held in that year;
(d) In a year in which a President and Vice President of the
United States are to be elected, major political party candidates
for the offices of President and Vice President of the United
States shall be nominated to the general election ballot by
members of their respective political parties; and
(e) An elector may vote for any candidate for a voter choice
office, without regard to the political party affiliation, or
lack of political party affiliation, of the elector or the
candidate + }.
SECTION 2. ORS 249.088 is amended to read:
249.088. (1) { - Unless otherwise provided by a home rule
charter, at the nominating election held on the date of the
primary election, two candidates shall be nominated for the
nonpartisan office. - } { + Subject to subsections (3) and (4)
of this section and the provisions of a home rule charter, for
nonpartisan offices, the two candidates receiving the highest
number of votes at the primary election shall be nominated to the
general election.
(2) Except as provided by a home rule charter, for voter choice
offices, the two candidates receiving the highest number of votes
at the primary election shall be nominated to the general
election.
(3) + } { - However, - } { + Except as provided in
subsection (4) of this section, + } when a candidate { - , other
than a candidate for the office of sheriff, a candidate for the
office of county clerk, a candidate for the office of county
treasurer or a candidate to fill a vacancy, - } { + for
nonpartisan office + } receives a majority of the votes cast for
the office at the { - nominating - } { + primary + }
election, that candidate is elected.
{ - (2) - } { + (4) + } When a candidate for the office of
sheriff, { - the office of - } county clerk { - , the office
of - } { + or + } county treasurer or a candidate to fill a
vacancy receives a majority of votes cast for the office at the
nominating election, that candidate alone is nominated.
SECTION 3. ORS 249.002 is amended to read:
249.002. As used in this chapter:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court, or any county judge who
exercises judicial functions.
(5) 'Member' means an individual who is registered as being
affiliated with the political party.
(6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(7) 'Nonpartisan office' means the office of judge,
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,
sheriff, district attorney or any office designated nonpartisan
by a home rule charter.
(8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
(10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, Superintendent of Public Instruction, judge,
state Senator, state Representative or district attorney.
{ + (11) 'Voter choice office' means the office of United
States Senator, Representative in Congress, Governor, Secretary
of State, State Treasurer, Attorney General, state Senator or
state Representative or any state, county, city or district
office that is not:
(a) A nonpartisan office; or
(b) An office for which nominations to the general election by
political parties are otherwise authorized by law. + }
SECTION 4. 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) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked ballots.
{ + (13) 'Voter choice office' means the office of United
States Senator, Representative in Congress, Governor, Secretary
of State, State Treasurer, Attorney General, state Senator or
state Representative or any state, county, city or district
office that is not:
(a) A nonpartisan office; or
(b) An office for which nominations to the general election by
political parties are otherwise authorized by law. + }
{ - (13) - } { + (14) + } '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 5. ORS 248.006 is amended to read:
248.006. (1) An affiliation of electors becomes a major
political party in this state { - and is qualified to make
nominations at a primary election - } when a number of electors
equal to at least five percent of the number of electors
registered in this state are registered as members of the party
not later than the 275th day before the date of a primary
election. An affiliation of electors satisfying the requirements
of this subsection shall be subject to the provisions of ORS
248.007 on the date the Secretary of State determines the
registration requirements are satisfied.
(2) The number of electors described in subsection (1) of this
section shall be calculated based on the number of electors
registered in this state and eligible to vote, as reported on the
official abstracts of the election, at the general election
immediately preceding the deadline specified in subsection (1) of
this section.
(3) After an affiliation of electors becomes a major political
party under subsection (1) of this section, in order to maintain
status as a major political party subject to ORS 248.007, the
party must satisfy the registration requirement of subsection (1)
of this section not later than the 275th day before each primary
election.
(4) An affiliation of electors ceases to be a major political
party if the registration requirements of subsection (1) of this
section are not satisfied by the 275th day before each primary
election. The affiliation of electors ceases to be a major
political party on the date the Secretary of State determines
that the registration requirement is not satisfied.
(5) When an affiliation of electors has not satisfied the
registration requirement of subsection (1) of this section for
the first time, at the request of a representative of the
affiliation of electors, the Secretary of State shall determine
not less than once each month whether at least five percent of
the number of eligible electors registered in this state are
registered as members of the party. After an affiliation of
electors has qualified as a major political party, the Secretary
of State shall determine on the 274th day before each primary
election whether the major political party has satisfied the
registration requirements described in subsection (3) of this
section.
SECTION 6. ORS 248.007 is amended to read:
248.007. (1) Subject to ORS 248.005, a major political party
may organize and select delegates to national party conventions
in any manner.
(2) The provisions of ORS 248.012 to 248.315 do not apply to a
major political party if the party has notified the Secretary of
State as provided in subsection (5) of this section that the
party does not intend to be subject to the provisions of ORS
248.012 to 248.315. References to precinct committeepersons in
any provisions of ORS chapters 246 to 260 do not apply to a party
described in this subsection.
(3) ORS 248.012 to 248.315 apply only to a major political
party that has notified the Secretary of State as provided in
subsection (5) of this section that the political party intends
to be subject to the provisions of ORS 248.012 to 248.315.
References to precinct committeepersons in any provisions of ORS
chapters 246 to 260 shall apply to a party described in this
subsection. If a major political party fails to notify the
Secretary of State under this subsection, the party shall be
considered subject to the provisions of ORS 248.012 to 248.315.
(4) A major political party shall notify the Secretary of State
as provided in subsection (5) of this section if the party does
not intend to be subject to the provisions of ORS 248.012 to
248.315 except that the party intends to elect precinct
committeepersons. If a party notifies the Secretary of State
under this subsection, the party shall elect precinct
committeepersons only as provided in ORS 248.015 and shall elect
precinct committeepersons in the same manner in all precincts in
this state.
(5) Not later than the 274th day before the date of the primary
election, a major political party shall notify the Secretary of
State in writing whether or not the party intends to be subject
to the provisions of ORS 248.012 to 248.315 or whether the party
intends to elect precinct committeepersons under subsection (4)
of this section. If the major political party does not intend to
be subject to the provisions of ORS 248.012 to 248.315 or intends
to elect precinct committeepersons under subsection (4) of this
section, the party shall file with the Secretary of State, at the
same time notice is given under this subsection, a copy of its
organizational documents setting forth the manner in which its
officers and managing committees are selected or any other manner
in which it conducts its affairs.
(6) In each even-numbered year, a major political party shall
file with the Secretary of State a statement indicating that the
party is operating subject to ORS 248.012 to 248.315 or a copy of
current organizational documents setting forth the manner in
which its officers and managing committees are selected or any
other manner in which it conducts its affairs. Material described
in this subsection shall be filed on the 274th day before the
third Tuesday in May of each odd-numbered year.
{ - (7) A major political party subject to the provisions of
this section shall nominate candidates of the major political
party, for other than political party office, at the primary
election. - }
SECTION 7. ORS 248.008 is amended to read:
248.008. (1) An affiliation of electors becomes a minor
political party in { - the state, a county or other electoral
district, - } { + this state, + } qualified to make nominations
for public office in { - that electoral district and in any
other electoral district wholly contained within the electoral
district - } { + this state in years in which a President and
Vice President of the United States are to be elected + }, when
either of the following events occurs:
(a) When the affiliation of electors has filed with the
Secretary of State a petition with the signatures of at least a
number of electors equal to one and one-half percent of the total
votes cast in the { - electoral district - } { + state + }
for all candidates for Governor at the most recent election at
which a candidate for Governor was elected to a full term. The
petition also shall state the intention to form a new political
party and give the designation of it. The filed petition shall
contain only original signatures. The petition shall be filed not
later than two years following the date the prospective petition
is filed. 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 - } { +
state + }. The Secretary of State shall verify whether the
petition contains the required number of signatures of electors.
The petition shall not be accepted for filing if it contains less
than 100 percent of the required number of signatures. The
Secretary of State by rule shall designate a statistical sampling
technique to verify whether a petition contains the required
number of signatures of electors. A petition shall not be
rejected for the reason that it contains less than the required
number of signatures unless two separate sampling processes both
establish that the petition lacks the required number of
signatures. The second sampling must contain a larger number of
signatures than the first sampling. The Secretary of State may
employ professional assistance to determine the sampling
technique. The statistical sampling technique may be the same as
that adopted under ORS 250.105. Before circulating the petition,
the chief sponsor of the petition 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 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 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.
(b) When the affiliation of electors has polled for { - any
one of its candidates for any public office in the electoral
district - } { + its candidate for President of the United
States + } at least one percent of the total votes cast in the
{ - electoral district - } { + state + } for all candidates
for { - : - }
{ - (A) - } presidential elector at the last general
election at which candidates for President and Vice President of
the United States were listed on the ballot { - ; or - }
{ + . + }
{ - (B) Any single state office to be voted upon in the state
at large for which nominations by political parties are permitted
by law at the most recent election at which a candidate for the
office was elected to a full term. - }
(2) After satisfying either requirement of subsection (1) of
this section, the minor political party may nominate candidates
at the next general election { + at which a President and Vice
President of the United States are to be elected + } if at any
time during the period beginning on the date of the next primary
election { + held in a year when a President and Vice President
of the United States are to be elected + } and ending on the 90th
day before the next general election, a number of electors equal
to at least one-tenth of one percent of the total votes cast in
the state { - or electoral district - } for all candidates for
Governor at the most recent election at which a candidate for
Governor was elected to a full term are registered as members of
the party.
(3) A filing officer { - shall - } { + may + } not accept a
certificate of nomination of a candidate nominated by a minor
political party unless the minor political party has satisfied
the registration requirement of subsection (2) of this section.
(4) After a minor political party qualifies to nominate
candidates, in order to maintain status as a minor political
party:
(a) A candidate or candidates of the party must poll a number
of votes described in subsection (1)(b) of this section at each
subsequent general election { + held in a year when a President
and Vice President of the United States are to be elected + }
and { + , + } following each general election, the registration
requirement of subsection (2) of this section must be satisfied;
or
(b) Following each general election { + held in a year when a
President and Vice President of the United States are to be
elected + }, at any time during the period beginning on the date
of the next primary election { + held in a year when a President
and Vice President of the United States are to be elected + } and
ending on the 90th day before the next general election, a number
of electors equal to at least one-half of one percent of the
total number of registered electors in this state must be
registered as members of the party.
(5) An affiliation of electors ceases to be a minor political
party in the state { - or electoral district - } if:
(a) The registration requirement of subsection (2) or (4)(b) of
this section is not satisfied. The affiliation of electors ceases
to be a minor political party on the date of the deadline for
satisfying the registration requirement; or
(b) Except as provided in subsection (4)(b) of this section, in
the case of a minor political party qualified to nominate
candidates, a candidate or candidates of the minor political
party do not satisfy the one percent requirement specified in
subsection (1)(b) of this section at the next general election
{ + held in a year when a President and Vice President of the
United States are to be elected + }. The affiliation of electors
ceases to be a minor political party on the date of the election.
(6) During the period beginning on the date of the primary
election { + held in a year when a President and Vice President
of the United States are to be elected + } and ending on the 90th
day before the date of the general election, the Secretary of
State shall determine not less than once each month whether the
registration requirement of subsection (2) or (4)(b) of this
section has been satisfied. If the party changes its name, only
those electors who register on or after the effective date of the
name change as members of the party under the new party name
shall be counted as members of the party under this subsection.
(7) An affiliation of electors or a minor political party may
not satisfy the one percent requirement referred to in subsection
(1)(b) of this section by nominating a candidate who is the
nominee of another political party at the same election.
SECTION 8. ORS 249.016 is amended to read:
249.016. A candidate { - of a major political party for
public - } { + for voter choice + } office or a candidate for
nonpartisan office shall be nominated only in the manner provided
in ORS 249.016 to 249.205.
SECTION 9. ORS 249.020 is amended to read:
249.020. (1) An eligible elector may become a candidate for
nonpartisan office, or for { - the nomination to an office by
the major political party of which the elector is a member - }
{ + voter choice office + }, by filing a nominating petition or
a declaration of candidacy.
(2) At the time of filing, a declaration of candidacy shall be
accompanied by the filing fee specified in ORS 249.056.
(3) At the time of filing, a nominating petition shall contain
the signature sheets described under ORS 249.064.
SECTION 10. ORS 249.031 is amended to read:
249.031. (1) Except as provided in subsection (2) of this
section, a nominating petition or declaration of candidacy shall
contain:
(a) The name by which the candidate is commonly known. A
candidate may use a nickname in parentheses in connection with
the candidate's 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 seeks nomination.
(d) If the candidate is seeking { - the nomination of a major
political party - } { + nomination to a voter choice
office + }, { + and the candidate is a member of a major or
minor political party, + } the name of the major { + or
minor + } political party of which the candidate
{ - will have been a member, subject to the exceptions stated
in ORS 249.046, during at least 180 days before the deadline for
filing a nominating petition or declaration of candidacy - }
{ + is a member + }.
{ + (e) If the candidate is seeking nomination to a voter
choice office and the candidate is not a member of a political
party, a statement that the candidate is nonaffiliated. + }
{ - (e) - } { + (f) + } A statement that the candidate is
willing to accept the nomination or election or, regarding a
candidate for precinct committeeperson, that the candidate
accepts the office if elected.
{ - (f) - } { + (g) + } A statement that the candidate will
qualify if elected.
{ - (g) If the candidate is seeking the nomination of a major
political party, a statement that the candidate, if not
nominated, will not accept the nomination or indorsement of any
political party other than the one of which the candidate is a
member on the date the petition or declaration is filed. - }
(h) The signature of the candidate.
(i) A statement of the candidate's occupation, educational and
occupational background and prior governmental experience.
(2) Subsection (1)(i) of this section does not apply to a
candidate for election as a precinct committeeperson.
(3) A declaration of candidacy shall include a statement that
the required fee is included with the declaration.
(4) If required by the national rules of the major political
party, the declaration of a candidate for election as a precinct
committeeperson shall include the name of the individual the
candidate supports for President of the United States or '
uncommitted' or 'no preference. '
SECTION 11. 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 under ORS 249.061, or a declaration of candidacy,
{ - it shall be - } { + the signed copy is + } conclusive
evidence that the elector is a candidate for nomination or
election { - by the elector's political party or - } to the
{ + voter choice office or + } nonpartisan office stated in the
petition or declaration.
SECTION 12. ORS 249.046 is amended to read:
249.046. { + (1) + } If a candidate has not been a member of
the major political party for at least 180 days before the
deadline for filing a nominating petition or declaration of
candidacy, the candidate shall not be entitled to receive the
nomination of that major political party.
{ + (2) + } If a { - candidate's - } { + candidate is
registered as a member of a political party and the + }
registration { + of the candidate + } becomes inactive, the
inactive status { - shall - } { + does + } not constitute a
lapse of membership in the party if, immediately before the
registration became inactive, the candidate was a member of the
party and was not a member of any other political party within
the 180 days preceding the deadline for filing a nominating
petition or declaration of candidacy.
{ + (3) + } The requirement that the candidate be qualified
by length of membership does not apply to any candidate whose
18th birthday falls within the period of 180 days or to a
write-in candidate.
{ + (4) This section does not apply to a candidate for a
voter choice office. + }
SECTION 13. 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) - } { + (1) + } 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 address and name
or number of the precinct, if known, of each elector whose
signature appears.
{ - (3) - } { + (2) + } The signatures contained in the
nominating petition shall be certified for genuineness by the
county clerks under ORS 249.008.
SECTION 14. ORS 249.072 is amended to read:
249.072. (1) { - If the nonpartisan office is to be voted for
in the state at large, the - } { + 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 at
least 1,000 signatures of electors, or a number of signatures
{ - of electors - } equal to at least one percent of the vote
cast in the state { + or congressional district, as the case may
be, + }for all candidates for Governor at the most recent
election at which a candidate for Governor was elected to a full
term, whichever is less. { + If the office is to be voted for in
the state at large, + } the signatures shall include those of
electors registered in each of at least five percent of the
precincts in each of at least seven counties. { + If the office
is 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) In the case of a candidate for Representative in Congress,
for an election next following any change in the boundaries of a
congressional district, there shall be at least 1,000 signatures
of electors, or the number of signatures equal to at least one
percent of the average number of votes cast in all congressional
districts in this state for all candidates for Governor at the
most recent election at which a candidate for Governor was
elected to a full term, whichever is less. + }
{ - (2) - } { + (3)(a) + }The nominating petition for
{ - a nonpartisan office - } { + an office + } not provided
for in subsection (1) { + or (2) + } of this section shall
contain at least 500 signatures of electors in the electoral
district, or a number of signatures of electors equal to at least
one percent of the vote cast in the electoral district for all
candidates for Governor at the most recent election at which a
candidate for Governor was elected to a full term, whichever is
less. { - In addition: - }
{ + (b) In the case of a candidate for 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, the nominating petition shall contain at least 500
signatures. + }
{ - (a) - } { + (c) + } If an office under this subsection
is to be voted for in more than one county, the signatures shall
include those of electors registered in each of 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.
{ - (b) - } { + (d) + } 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 each of at least 10 percent of the
precincts in the electoral district.
SECTION 15. ORS 249.076 is amended to read:
249.076. { - (1) 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. - }
{ - (2) Any elector may sign: - }
{ - (a) A nominating petition or certificate of nomination of
any candidate for nonpartisan office; - }
{ - (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. - } { + Any
elector may sign a nominating petition or certificate of
nomination of any candidate for nonpartisan office or voter
choice office and may sign petitions or certificates for more
than one candidate for the same office. + }
SECTION 16. ORS 249.180 is amended to read:
249.180. { + (1) + } Any person who has been nominated at a
primary election, or any person who has been nominated to fill a
vacancy as provided in ORS 188.120 or 249.190 { - and
249.200 - } , may withdraw from nomination by filing a written
statement declining the nomination and stating the reason for
withdrawal.
{ + (2) + } The statement shall be signed by the candidate
and filed not later than the 67th day before the general election
with the officer with whom the candidate's declaration of
candidacy or nominating petition was filed.
SECTION 17. ORS 249.205 is amended to read:
249.205. (1) If the only candidate nominated to a nonpartisan
office { + or voter choice office + } dies, withdraws or becomes
ineligible, or if a vacancy occurs in the nonpartisan office
{ + or voter choice office + } after the 70th day before the
{ - nominating - } { + primary + } election and { - on or - }
before the { - 62nd - } { + 61st + } day before the general
election, a candidate for the office may file a declaration of
candidacy in the manner provided for nonpartisan office { + or
voter choice office + } or shall be nominated by nominating
petition in the manner provided for nonpartisan office { + or
voter choice office + }.
(2) The Secretary of State by rule may adopt a schedule for
filing nominating petitions or declarations of candidacy under
{ + subsection (1) of + } this section. The schedule may
specify the period within which nominating petitions or
declarations of candidacy must be filed after a vacancy occurs.
{ + (3) Notwithstanding ORS 254.065, if a vacancy in a
nomination to a voter choice office occurs before the 61st day
before the general election, the qualified candidate, if any, who
received the next highest number of votes at the primary election
shall be the replacement nominee. The filing officer shall file
the name of the replacement nominee with each appropriate county
clerk. + }
SECTION 18. ORS 188.120 is amended to read:
188.120. (1) If a vacancy in election or office of
Representative in Congress or United States Senator occurs before
the 61st day before the general election, the Governor shall call
a special election to fill that vacancy. If a vacancy in election
or office of United States Senator occurs after the 62nd day
before the general election but on or before the general
election, and if the term of that office is not regularly filled
at that election, the Governor shall call a special election to
fill the vacancy as soon as practicable after the general
election.
(2) If a special election to fill the vacancy in election or
office of Representative in Congress or United States Senator is
called before the 80th day after the vacancy occurs, { - each
major political party shall select its nominee for the office and
certify the name of the nominee to the Secretary of State. The
Secretary of State shall place the name of the nominee on the
ballot - } { + the candidate who receives the highest number of
votes is elected. A declaration of candidacy or nominating
petition may be filed not later than the 10th day following the
issuance of the writ of election. The Secretary of State shall
place on the ballot the names of qualified electors who have
filed otherwise sufficient declarations or petitions + }.
(3) If a special election to fill the vacancy in election or
office of Representative in Congress or United States Senator is
called after the 79th day after the vacancy occurs, a special
primary election shall be conducted by the Secretary of State for
the purpose of nominating { - a candidate of each major
political party - } { + candidates + }. A declaration of
candidacy or nominating petition may be filed not later than the
10th day following the issuance of the writ of election.
{ + (4) The nomination of candidates for special elections
conducted under this section shall be as provided in ORS chapter
249, except that the Secretary of State may accept nominating
petitions and declarations of candidacy according to a schedule
for filing set by the Secretary of State by rule. + }
SECTION 19. ORS 171.051 is amended to read:
171.051. (1) When any vacancy occurs in the Legislative
Assembly due to death or recall or by reason of resignation filed
in writing with the Secretary of State { + , + } or { + if + } a
person is declared disqualified by the house to which the person
was elected, the vacancy shall be filled by appointment if:
(a) The vacancy occurs during any session of the Legislative
Assembly;
(b) The vacancy occurs in the office of a state Representative
before the 61st day before the general election to be held during
that term of office;
(c) The vacancy occurs in the office of a state Senator before
the 61st day before the first general election to be held during
that term of office;
(d) The vacancy occurs in the office of a state Senator at any
time after the 62nd day before the first general election and
before the 61st day before the second general election to be held
during that term of office; or
(e) A special session of the Legislative Assembly will be
convened before a successor to the office can be elected and
qualified.
(2) The person appointed under the provisions of subsection (1)
of this section shall be a citizen qualified to hold the office
{ - , - } { + and + } an elector of the affected legislative
district { - and a member of the same political party for at
least 180 days before the date on which the vacancy occurred. The
political affiliation of a person appointed under subsection (1)
of this section shall be determined under ORS 236.100 - } . The
appointment shall be made by the county courts or boards of
county commissioners of the affected counties pursuant to ORS
171.060 to 171.064. { - When the provisions of ORS 171.060 (1)
are applicable, the appointment shall be made from a list of not
fewer than three nor more than five nominees who have signed
written statements indicating that they are willing to serve
furnished by the Secretary of State. If fewer than three names of
nominees are furnished, a list shall not be considered to have
been submitted and the county courts or boards of county
commissioners shall fill the vacancy. - } The vacancy must be
filled by appointment within 30 days after its occurrence or not
later than the time set for the convening of the special session
described in subsection (1)(e) of this section when that is the
basis for filling the vacancy.
(3) If the appointing authority required by this section to
fill the vacancy does not do so within the time allowed, the
Governor shall fill the vacancy by appointment within 10 days.
(4) Notwithstanding any appointment under the provisions of
subsection (1)(c) of this section, when a vacancy occurs in the
office of a state Senator before the 61st day before the first
general election to be held during that term of office, the
remaining two years of the term of office shall be filled by the
electors of the affected legislative district at the first
general election.
(5) Candidates for the remaining two years of the term of
office of a state Senator under subsection (4) of this section
shall be nominated as provided in ORS chapter 249 { + , + }
{ - except as follows: - }
{ - (a) A major political party, minor political party,
assembly of electors or individual electors may select a nominee
for any vacancy occurring before the 61st day before the first
general election; and - }
{ - (b) The Secretary of State shall accept certificates of
nomination and notifications of nominees selected by party rule
and filed with the secretary - } { + except that the Secretary
of State shall accept nominating petitions and declarations of
candidacy + } pursuant to a schedule for filing set by the
Secretary of State but in any case not later than the 62nd day
before the first general election.
(6) The remaining two years of the term of office of a state
Senator under subsection (4) of this section will commence on the
second Monday in January following the general election. Any
appointment under the provisions of subsection (1)(c) of this
section shall expire when a successor to the office is elected
and qualified.
SECTION 20. ORS 171.060 is amended to read:
171.060. { - (1) When any vacancy as is mentioned in ORS
171.051 exists in the office of Senator or Representative
affiliated with a major political party and that vacancy is to be
filled by an appointing authority as provided in ORS 171.051, the
Secretary of State forthwith shall notify the person designated
by the party to receive such notice. The party shall pursuant to
party rule nominate not fewer than three nor more than five
qualified persons to fill the vacancy. The nominating procedure
shall reflect the principle of one-person, one-vote to accord
voting weight in proportion to the number of party members
represented. At the request of a party making a nomination, the
county clerks of each county constituting the district in which
the vacancy exists shall assist the party in determining the
number of electors registered as members of the party in the
district. A person shall not be nominated to fill the vacancy
unless the person signs a written statement indicating that the
person is willing to serve in the office of Senator or
Representative. As soon as the nominees have been appointed, but
no later than 20 days after the vacancy occurs, the party shall
notify the Secretary of State of the persons nominated. The
notification shall be accompanied by the signed written statement
of each nominee indicating that the nominee is willing to serve
in the office of Senator or Representative. The Secretary of
State shall notify the county courts or boards of county
commissioners of the counties constituting the district in which
the vacancy exists of the nominees and of the number of votes
apportioned to each member of the county courts or boards of
county commissioners under ORS 171.062 and 171.064. The Secretary
of State shall set a time for the meeting of the county courts or
boards of county commissioners in order to fill the vacancy and
by rule shall establish procedures for the conduct of the
meeting. If the district is composed of more than one county, the
Secretary of State shall name a temporary chairperson and
designate a meeting place within the district where the county
courts or boards of county commissioners shall convene for the
purpose of filling the vacancy, pursuant to ORS 171.051 (2). - }
{ - (2) - } { + (1) + } When any vacancy { + described + }
{ - as is mentioned - } in ORS 171.051 exists in the office of
{ + state + } Senator or { + state + } Representative { - not
affiliated with a major political party - } and that vacancy is
to be filled by an appointing authority as provided in ORS
171.051, the Secretary of State forthwith shall notify the county
courts or boards of county commissioners of the counties
constituting the district in which the vacancy occurs of the
vacancy and of the number of votes apportioned to each member of
the county courts or boards of county commissioners under ORS
171.062 and 171.064. The Secretary of State shall set a time for
a meeting of the county courts or boards of county commissioners
and by rule shall establish procedures for the conduct of the
meeting. If the district is composed of more than one county,
the Secretary of State shall name a temporary chairperson and
designate a meeting place within the district where the county
courts or boards of county commissioners shall convene for the
purpose of appointing a person to fill the vacancy.
{ - (3) - } { + (2) + } A written statement signed by a
majority of those qualified to vote upon the filling of any
vacancy naming the person selected to fill the vacancy and
directed to the Secretary of State is conclusive evidence of the
filling of the vacancy by the appointing authority named therein.
SECTION 21. ORS 171.068 is amended to read:
171.068. (1) For purposes of ORS 171.060, 171.062 and 171.064,
the county court or the board of county commissioners
{ - which shall - } { + that must + } fill the vacancy in the
Legislative Assembly in a district created by reapportionment
shall be the county court or board of county commissioners of
each county any part of which is in the district that is created
by the reapportionment and includes the residence from which the
former { + state + } Senator or { + state + } Representative
was elected.
(2) { - Each person nominated by a major political party to
fill a vacancy in the Legislative Assembly occurring as described
by ORS 171.051 - } { + A person appointed to fill a vacancy in
the Legislative Assembly + } in a district created by
reapportionment must be registered to vote in the district from
which the former { + state + } Senator or { + state + }
Representative was elected { - and must have been a member of
the same major political party at least 180 days before the date
the vacancy to be filled occurred - } .
(3) This section { - shall apply - } { + applies + } only
to a vacancy in the Legislative Assembly occurring after the
primary election next following reapportionment and before a
person has been elected and qualified to fill the vacancy.
SECTION 22. 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 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. - }
{ + (2) Certificates of nomination of candidates for electors
of President and Vice President of the United States shall be
filed with the Secretary of State. + }
(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 23. 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 may nominate candidates at a
nominating convention. The convention shall be held in one day
and
{ - last not - } { + may not last + } 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 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 - } { + is + } 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 24. ORS 249.737 is amended to read:
249.737. { - (1) - } The { - filing officer for the office
for which nominations will be considered by an assembly of
electors - } { + Secretary of State + } shall supervise the
conduct of the nominating convention. The { - filing
officer - } { + secretary + } shall { - insure - }
{ + ensure + } that when the assembly of electors makes a
nomination, the number of electors required to be present at the
nominating convention for the purpose of constituting an assembly
is at least equal to each of the following:
{ - (a) - } { + (1) + } The number of signatures of
assembly members in the minutes of the assembly.
{ - (b) - } { + (2) + } The number of electors present at
the nominating convention.
{ - (2) If an assembly of electors will consider nominations
for an office for which the Secretary of State is the filing
officer and an office for which the county clerk or chief city
elections officer is the filing officer, the Secretary of State
shall be the supervising officer under subsection (1) of this
section. - }
{ - (3) If an assembly of electors will consider nominations
for an office for which the county clerk is the filing officer
and an office for which the chief city elections officer is the
filing officer, the county clerk shall be the supervising officer
under subsection (1) of this section. - }
SECTION 25. 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 - }
{ + may + } contain the name of { - only - } { + more
than + } 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 - } { + Secretary of
State + }. 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 - }
{ + secretary + } 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 26. ORS 249.830 is amended to read:
249.830. Any person who has been nominated and has accepted the
nomination under ORS 249.712 may withdraw from nomination not
later than the 67th day before the general election by filing
with the { - officer with whom the certificate of nomination
was filed - } { + Secretary of State + } 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.
{ - The withdrawal may be sent to the Secretary of State
through a county clerk, as provided by ORS 249.850. - }
SECTION 27. ORS 249.850 is amended to read:
249.850. (1) The certificate of nomination to fill the vacancy
under ORS 249.842 { - , may be filed directly with the officer
with whom the certificate of nomination of the original candidate
was filed, or it may be presented in duplicate to any county
clerk who shall file one of the certificates in the clerk's
office, immediately notify the appropriate filing officer of the
nomination and send the duplicate certificate to the officer by
the most expeditious method practicable - } { + shall be filed
with the Secretary of State + }.
(2) Upon receipt of notification that a vacancy has been
filled, the { - filing officer - } { + secretary + } shall
certify the name of the person selected to fill the vacancy to be
included on the ballot. { - If the certification of candidates
has already been sent to the county clerk, the Secretary of State
or city filing officer - } { + The secretary + } immediately
shall give written certification of the new candidate to each
county clerk responsible for preparing ballots on which the
office will appear.
{ + (3) + } The certification shall state { + :
(a) + } The name and residence { + address + } of the
candidate nominated to fill the vacancy { - , - } { + ;
(b) + } The office for which the nomination was made { - , - }
{ + ;
(c) + } The name of the minor political party the candidate
represents or the name of the chairperson of the assembly
nominating the candidate { - , - } { + ; + } and
{ + (d) + } The name of the person for whom the candidate is
substituted.
{ + (4) + } Upon receipt of the certification, the county
clerk shall place the new candidate's name on the ballot.
SECTION 28. ORS 251.022 is amended to read:
251.022. (1) If a special election or special primary election
is held under ORS 188.120 for the purpose of filling a vacancy in
election or office of United States Senator or Representative in
Congress, or for nominating { - a candidate of each major
political party - } { + candidates + } to fill the vacancy, the
Secretary of State shall prepare a voters' pamphlet for each
election.
(2) A voters' pamphlet prepared under subsection (1) of this
section shall contain information about the candidates for
nomination or election to the office of United States Senator or
Representative in Congress at the special election or special
primary election.
SECTION 29. 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
{ + held in a year when a President and Vice President of the
United States are to be elected + }, 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 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 30. ORS 253.540 is amended to read:
253.540. (1) Any long term absent elector may secure an
absentee ballot by submitting an application as specified in
subsection (2) of this section to the clerk of the county of the
long term absent elector's residence, or to the Secretary of
State. If the application is addressed to the Secretary of State,
the secretary shall forward it to the appropriate county clerk.
(2) An application for an absentee ballot by a long term absent
elector shall be made in the form of a written request. The
application shall be valid for every subsequent election until
the elector otherwise notifies the clerk or is no longer an
elector of the county. The application shall be signed by the
applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A statement that the applicant is a citizen of the United
States;
(c) A statement that the applicant will be 18 years of age or
older on the date of the election;
(d) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
(e) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
(f) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested absentee ballot; and
(g) If the applicant desires to vote in a primary election
{ + held in a year when a President and Vice President of the
United States are to be elected + }, a designation of the
applicant's political party affiliation or a statement that the
applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a
ballot for a major political party. The applicant shall be sent
the ballot for the political party that the applicant requested
if that political party has provided under ORS 254.365 for a
primary election that admits electors not affiliated with any
political party.
SECTION 31. ORS 253.565 is amended to read:
253.565. (1) Any long term absent elector may secure a special
absentee ballot for a primary election or general election by
making an application under this section if the elector believes
that:
(a) The elector will be residing, stationed or working outside
the territorial limits of the United States and the District of
Columbia; and
(b) The elector will be unable to vote and return a regular
absentee ballot by normal mail delivery within the period
provided for regular absentee ballots.
(2) A long term absent elector shall make the application for a
special absentee ballot in the form of a written request. The
elector shall submit the application before the date of the
applicable election to the clerk of the county of the long term
absent elector's residence or to the Secretary of State. If the
application is addressed to the Secretary of State, the secretary
shall forward it to the appropriate county clerk. The application
shall be signed by the applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A designation of the election for which the applicant
requests a special absentee ballot;
(c) A statement that the applicant is a citizen of the United
States;
(d) A statement that the applicant will be 18 years of age or
older on the date of the election;
(e) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
(f) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
(g) A statement of the facts that qualify the applicant to vote
by means of a special absentee ballot;
(h) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested special absentee ballot; and
(i) If the applicant requests a ballot for a primary election
{ + held in a year when a President and Vice President of the
United States are to be elected + }, a designation of the
applicant's political party affiliation or a statement that the
applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a
ballot for a major political party. The applicant shall be sent
the ballot for the political party that the applicant requested
if that political party has provided under ORS 254.365 for a
primary election that admits electors not affiliated with any
political party.
(3) An application for a special absentee ballot shall be valid
only for the election specified in the application.
(4) The county clerk shall list on the special absentee ballot
the offices and measures scheduled to appear on the regular
ballot, if known when the ballot is prepared, and provide space
in which the elector may write in the elector's preference.
(5) The elector may write in the name of any eligible candidate
for each office to be filled or for which nominations will be
made at the election, and may vote on any measure submitted at
the election.
SECTION 32. ORS 254.076 is amended to read:
254.076. The chief elections officer shall keep a register of
candidates for nomination at the primary election. The register,
if applicable, shall contain { - for each major political
party - } :
(1) The title of each office for which { - the major
political party will nominate - } candidates { + will be
nominated + } at the primary election.
(2) The name and mailing address of each candidate for
nomination at the primary election.
(3) The name of the { - major - } political party { + , if
any, + } with which the candidate is registered as affiliated.
(4) The date of filing of the prospective petition for
nomination of the candidate.
(5) The date of filing of the completed petition for nomination
of the candidate, the number of valid signatures contained and
the number of signatures required.
(6) The date of filing of the declaration of candidacy of the
candidate.
(7) Such other information as may aid the chief elections
officer in arranging the official ballot or ballot label for the
primary election.
SECTION 33. ORS 254.115 is amended to read:
254.115. (1) The official primary election ballot or ballot
label shall be styled 'Official Primary Nominating Ballot
{ - for the ___ Party. - } ' and shall state:
(a) The name of the county for which it is intended.
(b) The date of the primary election.
(c) The names of all candidates for nomination { + or
election + } at the primary election { + to nonpartisan office
or voter choice office + } whose nominating petitions or
declarations of candidacy have been made and filed, and who have
not died, withdrawn or become disqualified.
{ - (d) The names of candidates for election as precinct
committeeperson. - }
{ - (e) The names of candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078. - }
{ + (d) The number, ballot title and financial estimates
under ORS 250.125 of any measure.
(e) The names of candidates for election as precinct
committeeperson and, in a year when a President and Vice
President of the United States are to be elected, the names of
candidates for the political party nomination for President of
the United States who qualified for the ballot under ORS 249.078,
all listed separately on a ballot page labeled 'Official Primary
Ballot for the ___ Party' and made available only to members of
the applicable political party.
(2) For a voter choice office, the county clerk shall print on
the ballot, following the name of the candidate:
(a) If the candidate is registered as a member of a political
party not later than the 70th day before the date of the primary
election, the statement 'Member of ___ ' (official party name);
or
(b) If the candidate is registered as not affiliated with any
political party not later than the 70th day before the date of
the primary election, the statement 'Not affiliated with any
political party. '
(3) At least once on each ballot that contains a voter choice
office, the county clerk shall print the statement 'The listing
of the political party membership status of a candidate for voter
choice office is provided for elector information purposes only
and does not in itself imply formal support or endorsement by the
political party listed.' + }
{ - (2) - } { + (4) + } 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 primary election ballot may include any city,
county or nonpartisan office or the number, ballot title and
financial estimates under ORS 250.125 of any measure. - }
{ - (4) - } { + (5) + } The ballot { - shall - }
{ + may + } not contain the name of any person other than those
referred to in { - subsections (1) and (3) - } { + subsection
(1) + } of this section. The name of each candidate for whom a
nominating petition or declaration of candidacy has been filed
shall be printed on the ballot in but one place. In the event
that two or more candidates for the same nomination or 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 34. 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 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 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) - } { + (b) + } 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) - } { + (c) + } 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.
{ - (e) - } { + (d) + } 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.
{ + (5) For a voter choice office, the county clerk shall
print on the ballot, following the name of the candidate:
(a) If the candidate is registered as a member of a political
party not later than the 70th day before the date of the general
or special election, the statement 'Member of ___ ' (official
party name); or
(b) If the candidate is registered as not affiliated with any
political party not later than the 70th day before the date of
the general or special election, the statement 'Not affiliated
with any political party. '
(6) At least once on each ballot that contains a voter choice
office, the county clerk shall print the statement 'The listing
of the political party membership status of a candidate for voter
choice office is provided for elector information purposes only
and does not in itself imply formal support or endorsement by the
political party listed.' + }
SECTION 35. ORS 254.195 is amended to read:
254.195. (1) Official ballots and ballot labels shall be
printed in black ink upon good quality material. { + In a year
when a President and Vice President of the United States are to
be elected, + } the primary election ballots or ballot labels
shall be of different colors for the major political parties.
(2) If the election is conducted at polling places, sample
ballots shall be prepared for the information of the elector. The
sample ballot shall contain the offices, candidates, measures and
other information on the ballots or ballot labels of the
precincts for which the sample ballot is issued. The sample
ballot need not contain the office of, or candidates for,
precinct committeeperson. The sample ballots shall be identified
as such, and printed on cheaper, colored paper to distinguish
them from official ballots. A sample ballot shall not be voted or
counted.
(3) The governing body of a city, county or district may mail
sample ballots to all electors within the city, county or
district to assist the electors' preparation for voting.
SECTION 36. ORS 254.205 is amended to read:
254.205. (1) For any election conducted at polling places, the
county clerk shall produce a facsimile, except as to size, of the
ballot in a manner described in this section. For any primary
election { + held in a year when a President and Vice President
of the United States are to be elected + }, a facsimile of the
ballot shall include the ballot of each major political party.
(2) The facsimile shall be:
(a) Published or inserted in one or more newspapers as
described in subsection (3) of this section; or
(b) Distributed to each residential postal mailing address
within the electoral district for which the election is being
held.
(3) If the facsimile is published or inserted in a newspaper:
(a) The facsimile shall be published or inserted not later than
the fourth day nor earlier than the 15th day before the election.
(b) The facsimile shall be published or inserted in at least
one issue of one newspaper in each county with a population of
less than 10,000, or in each county in which no more than one
newspaper is published. The facsimile shall be published or
inserted in at least one issue of two newspapers in each county
with a population of 10,000 or more in which more than one
newspaper is published. The county governing body, at the first
regular meeting each year, shall select the newspaper or
newspapers of general circulation in the county in which the
facsimile shall be published or inserted and shall notify the
county clerk of the selection.
(c) The county governing body may require publication or
insertion of the facsimile in additional newspapers and shall
select the newspapers at the same time as provided in paragraph
(b) of this subsection. The county governing body shall notify
the county clerk of any additional selections.
(d) The facsimile shall not be published in any newspaper
unless the newspaper agrees that no paid political advertisement
shall be placed on the same page as the facsimile or on the page
facing the facsimile. If a newspaper selected under paragraph (b)
or (c) of this subsection does not so agree, the county governing
body shall select another newspaper in the county with as nearly
as possible the same qualifications for the publication of the
facsimile.
(4) A facsimile distributed to each residential post office
mailing address within the electoral district for which the
election is being held shall have postage prepaid and shall be
considered to give notice when mailed. Facsimile ballots mailed
under this subsection shall be mailed not sooner than the 15th
day nor later than the 10th day before the election. Proof of
mailing shall be by affidavit of the county clerk.
(5) A facsimile printed in a county voters' pamphlet prepared
and distributed in accordance with ORS chapter 251 shall be
considered to satisfy the requirements of this section.
(6) As used in this section, 'electoral district' means a
county, city or district.
SECTION 37. ORS 254.235 is amended to read:
254.235. (1) Not later than five business days before an
election in which voting machines or vote tally systems are used,
the county clerk shall:
(a) Conduct a preparatory test of the machine and system for
logic and accuracy to ensure that each ballot format, where
appropriate, correctly tallies ballots in each electoral contest
by precinct; and
(b) Conduct a public certification test for the vote tally
system using a selection of precincts, ballot formats and
electoral districts from the preparatory test conducted under
this subsection.
(2) Prior to the public certification test under subsection
(1)(b) of this section { - , - } { + :
(a) At a primary election held in a year when a President and
Vice President of the United States are to be elected, + } the
county clerk shall mail to each affiliate of a major or minor
political party within the county that has notified the clerk
that notice is desired { - , - } a notice of the time and place
where the vote tally system will be publicly tested. One
representative of each party is entitled to be present to ensure
that the testing is done properly { - . - } { + ; and
(b) + } { - In nonpartisan elections - } Each candidate
{ + for nonpartisan office or voter choice office + } may
designate one representative who
{ - has the same powers as the political party
representatives - } { + is entitled to be present to ensure
that the testing is done properly + }.
{ + (3) + } The party and candidate representatives
{ + described in subsection (2) of this section + } shall
certify that they have witnessed the testing. The certificates
shall be filed with the county clerk.
{ - (3) - } { + (4) + } In an election where voting
machines are used, the county clerk shall prepare a certificate
that the ballot labels have been properly placed in the machine.
SECTION 38. ORS 254.365 is amended to read:
254.365. (1) { + At a primary election held in a year when a
President and Vice President of the United States are to be
elected, + } an elector { - shall not be - } { + is not + }
qualified or permitted to vote at { - any - } { + the + }
primary election for any candidate of a major political party,
and it shall be unlawful for the elector to offer to do so,
unless:
(a) The elector is registered as being affiliated with one of
the major political parties nominating or electing its candidates
for public office at the primary election; or
(b) The elector is registered as not being affiliated with any
political party and wishes to vote in the primary election of a
major political party that has provided under subsection (3) of
this section for a primary election that admits electors not
affiliated with any political party.
(2) Except as provided in ORS 254.470 (4), { + at a primary
election held in a year when a President and Vice President of
the United States are to be elected, + } any elector offering to
vote at the primary election shall be given a ballot of the major
political party with which the elector is registered as being
affiliated. The elector { - shall - } { + may + } not be
given a ballot of any other political party at that primary
election. An elector not affiliated with any political party and
offering to vote at the primary election shall be given the
ballot of the major political party in whose primary election the
elector wishes to vote if that party has provided under
subsection (3) of this section for a primary election that admits
electors not affiliated with any political party. An elector not
affiliated with any political party who is given a ballot of the
major political party associates with the party for the purpose
of voting in that primary election.
(3) Not later than the 90th day before the date of the primary
election { + held in a year when a President and Vice President
of the United States are to be elected + }, a major political
party may file with the Secretary of State a certified copy of
the current party rule allowing an elector not affiliated with
any political party to vote in the party's primary election. The
party { - shall - } { + may + } not repeal the rule as filed
during the 90 days before the primary election. The rule shall
continue to be effective after the date of the primary election
until the party gives written notice to the Secretary of State
that the rule has been repealed. { - A party rule under this
subsection may limit the candidates for whom an elector who is
not affiliated with any political party may vote. The party rule
shall, however, allow any elector who is permitted to vote for
the most numerous branch of the Legislative Assembly to also vote
in federal legislative elections, consistent with section 2,
Article I, and the Seventeenth Amendment to the United States
Constitution. - }
{ - (4) If the primary election ballot includes city, county
or nonpartisan offices or measures, and it is given to an elector
who is not eligible to vote for party candidates, the ballot
shall be marked 'limited.' - }
SECTION 39. ORS 254.370 is amended to read:
254.370. The county clerk shall maintain:
(1) A monthly registration record of all electors registered as
not being affiliated with any political party;
(2) At each primary election { - , - } { + held in a year
when a President and Vice President of the United States are to
be elected: + }
{ + (a) + } A record of the number of electors who voted from
each major political party; { + and + }
{ - (3) - } { + (b) + } A record of all electors registered
as not being affiliated with any political party who vote in a
primary election of a major political party that has provided
under ORS 254.365 for a primary election that admits electors not
affiliated with any political party; and
{ - (4) - } { + (3) + } A record of all electors registered
as not being affiliated with any political party who vote in the
general election.
SECTION 40. 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 { + held in a year when a President and Vice President
of the United States are to be elected + }:
(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 the official ballot of a major
political party to an elector not affiliated with any political
party 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) - } { + (6) + } 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 voter choice 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 a primary election not held in a year when a
President and Vice President of the United States are to be
elected, the county clerk shall mail the ballot containing
nonpartisan offices, voter choice offices and measures to every
elector, without regard to the political party affiliation or
lack of political party affiliation of the elector. + }
{ - (5) - } { + (6) + } 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) - } { + (7) + } 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 to a fine.
_________________________________________________________________
{ - (7) - } { + (8) + } 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) - } { + (9) + } 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) - } { + (10) + } 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) - } { + (11) + } of this section.
{ - (10) - } { + (11) + } 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) - } { + (12) + } 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 41. ORS 254.480 is amended to read:
254.480. (1) In an election conducted by mail, an elector may
obtain a replacement ballot described in ORS 254.470
{ - (8) - } . To vote a replacement ballot, the elector must
complete and sign a replacement ballot request form. The request
for a replacement ballot may be made electronically, by
telephone, in writing, in person or by other means designated by
the Secretary of State by rule.
(2) The replacement ballot request form shall be mailed or made
available to the elector along with the replacement ballot.
(3) Upon receiving a request for a replacement ballot, the
county clerk shall:
(a) Verify the registration of the elector and ensure that
another ballot has not been returned by the elector;
(b) Note in the list of electors that the elector has requested
a replacement ballot;
(c) Mark the return identification envelope clearly so that it
may be readily identified as a replacement ballot; and
(d) Issue the replacement ballot by mail or other means.
(4) The completed and signed replacement ballot request form
and the voted replacement ballot must be received at the office
of the county clerk, a place of deposit designated by the county
clerk or at any location described in ORS 254.472 or 254.474 not
later than the end of the period determined under ORS 254.470 (2)
on the date of the election.
(5) Upon receiving a voted replacement ballot, the county clerk
shall verify that a completed and signed replacement ballot
request form has been received by the county clerk or is included
with the voted replacement ballot. If a request form has been
completed and signed by the elector and received by the county
clerk, the county clerk shall process the ballot. If the request
form is not completed or signed by the elector or received by the
county clerk, the county clerk may not process the ballot.
SECTION 42. ORS 254.575 is amended to read:
254.575. When two or more candidates for the same office, after
a full recount of votes, have an equal and the highest number of
votes:
(1) For election to state Senator or { + state + }
Representative, a party office, or a public office for which the
elections officer is other than the Secretary of State, the
elections officer shall have the candidates meet publicly to
decide by lot who is elected.
(2) For election to a public office other than Governor or
those referred to in subsection (1) of this section, the
Secretary of State by proclamation shall order a new election to
fill the office.
(3) For election to Governor, the Legislative Assembly at the
beginning of the next regular session shall meet jointly and
elect one of the candidates.
(4) For nomination { + to a public office + } by one major
political party { - to an office - } { + at a primary
election held in a year when a President and Vice President of
the United States are to be elected + }, the { - elections
officer who receives filings for nomination to the office - }
{ + Secretary of State + } shall have the candidates meet
publicly to decide by lot who is nominated.
SECTION 43. ORS 246.560 is amended to read:
246.560. (1) A voting machine may not be approved by the
Secretary of State unless 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 { + held
in a year when a President and Vice President of the United
States are to be elected + }, 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 for any office or measure
that has been voted.
(b) Capable of ignoring the votes marked for any office or
measure if more than the allowable number of votes have been
marked, 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
{ + held in a year when a President and Vice President of the
United States are to be elected + }.
(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 44. ORS 254.650 is amended to read:
254.650. (1) If the Secretary of State determines that a
vacancy exists in the nomination of a candidate { - of a major
political party - } for state office, that the vacancy is due to
the death of the candidate and that the vacancy occurred after
the 30th day before the date of the general election:
(a) The election for that state office may not be held at the
general election;
(b) The county clerks may not count ballots cast for candidates
for that state office at the general election; and
(c) The Secretary of State shall order a special election as
provided in ORS 254.655.
(2) The candidates listed on the ballot at the special election
shall be:
(a) The candidates who were listed on the general election
ballot, other than the candidate whose nomination became vacant;
and
(b) The candidate selected to fill the vacancy in the
nomination as provided in ORS { - 249.190 or - } 249.205.
(3) As used in this section 'state office' means the office of
Governor, Secretary of State, State Treasurer, Attorney General,
state Senator or state Representative.
SECTION 45. ORS 260.112, as amended by section 36a, chapter
809, Oregon Laws 2005, is amended to read:
260.112. (1) A candidate 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 calendar year shall file a certificate
to that effect with the Secretary of State. The candidate or
treasurer shall make the certificate according to the best of the
knowledge or belief of the candidate or treasurer. A candidate or
treasurer filing a certificate under this section is not required
to file statements under ORS 260.057. 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 seven calendar days after the candidate receives a
contribution or makes an expenditure.
(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 seven calendar
days after the political committee receives a contribution or
makes an expenditure.
(2) A candidate or political committee under this section must
keep contribution and expenditure records during the calendar
year.
(3) If at any time following the filing of a certificate under
subsection (1) of this section and during the calendar year
either the aggregate contributions or aggregate expenditures
exceed $2,000, the candidate or treasurer shall do all of the
following:
(a) File a statement under ORS 260.057 within seven calendar
days after either the aggregate contributions or aggregate
expenditures exceed $2,000. The statement shall reflect all
contributions received and expenditures made by or on behalf of
the candidate or political committee to that date, beginning
January 1 of the calendar year.
(b) If necessary, file additional statements under ORS 260.057.
(4) This section does not apply to a candidate for federal
office.
SECTION 46. { + ORS 249.068, 249.200, 254.025 and 254.069 are
repealed. + }
SECTION 47. { + The amendments to ORS 171.051, 171.060,
171.068, 188.120, 246.560, 248.006, 248.007, 248.008, 249.002,
249.016, 249.020, 249.031, 249.042, 249.046, 249.064, 249.072,
249.076, 249.088, 249.180, 249.205, 249.722, 249.735, 249.737,
249.740, 249.830, 249.850, 251.022, 253.030, 253.540, 253.565,
254.005, 254.056, 254.076, 254.115, 254.135, 254.195, 254.205,
254.235, 254.365, 254.370, 254.470, 254.480, 254.575, 254.650 and
260.112 by sections 1 to 45 of this 2007 Act and the repeal of
ORS 249.068, 249.200, 254.025 and 254.069 by section 46 of this
2007 Act:
(1) Apply only to nominations for, and appointments and
elections to, public office occurring on or after the effective
date of this 2007 Act;
(2) Apply to a certificate of nomination, nominating petition
or declaration of candidacy filed before the effective date of
this 2007 Act for an election to a voter choice office to be
conducted on or after the effective date of this 2007 Act;
(3) Apply to political parties formed prior to, on or after the
effective date of this 2007 Act; and
(4) Are not intended to require a change in the composition of
any committee or commission described in ORS 137.658, 244.250 or
442.035. + }
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