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 915
House Bill 2081
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State Bill
Bradbury)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows circulation of state initiative petition with summary
prepared by Attorney General. Requires filing of not less than 10
percent of total number of signatures required on state
initiative petition to obtain ballot title. Allows intermediate
filing of signatures for purpose of obtaining ballot title.
Applies to state initiative petitions for which prospective
petition is filed on or after effective date of Act.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to election petitions; creating new provisions; amending
ORS 250.045, 250.065, 250.067, 250.085 and 250.105; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.045 is amended to read:
250.045. (1) Before circulating a petition to initiate or refer
a state measure under section 1, Article IV, Oregon Constitution,
the petitioner shall file with the Secretary of State a
prospective petition. The prospective petition for a state
measure to be initiated shall contain a statement of sponsorship
signed by at least 25 electors. The statement of sponsorship
shall be attached to a full and correct copy of the measure to be
initiated.
{ + (2) + } The signatures in the statement of sponsorship
must be accompanied by a certificate of the county clerk of each
county in which the electors who signed the statement reside,
stating the number of signatures believed to be genuine.
{ + (3) + } The Secretary of State shall date and time stamp
the prospective petition and specify the form on which the
petition shall be printed for circulation. The secretary shall
approve or disapprove the form of any petition signature sheet
within five business days after the signature sheet is submitted
for review by the secretary. The secretary shall retain the
prospective petition.
{ - (2) - } { + (4) + } The chief petitioner may amend the
{ - proposed initiated measure - } { + state measure to be
initiated that has been + } filed with the Secretary of State
without filing another prospective petition, if:
(a) The Attorney General certifies to the Secretary of State
that the proposed amendment will not substantially change the
substance of the measure; and
{ - (b) The deadline for submitting written comments on the
draft title has not passed. - }
{ + (b) The Attorney General has not yet provided the draft
initiative petition summary to the Secretary of State under
section 4 of this 2007 Act. + }
{ - (3) - } { + (5) + } The cover of an initiative or
referendum petition shall designate the name and residence
address of not more than three persons as chief petitioners and
shall contain instructions for persons obtaining signatures of
electors on the petition. The instructions shall be adopted by
the Secretary of State by rule. The cover of a referendum
petition shall contain the final measure summary described in ORS
250.065 (1). { - If a petition seeking a different ballot title
is not filed with the Supreme Court by the deadline for filing a
petition under ORS 250.085, the cover of an initiative petition
shall contain the ballot title described in ORS 250.067 (2).
However, if the Supreme Court has reviewed the ballot title, the
cover of the initiative petition shall contain the title
certified by the court. - } { + The cover of an initiative
petition shall contain the final initiative petition summary
prepared by the Attorney General under section 4 of this 2007 Act
under the heading 'INITIATIVE PETITION SUMMARY FOR
CIRCULATION.' + }
{ - (4) - } { + (6) + } The chief petitioners shall include
with the prospective petition a statement declaring whether one
or more persons will be paid money or other valuable
consideration for obtaining signatures of electors on the
initiative or referendum petition. After the prospective petition
is filed, the chief petitioners shall notify the filing officer
not later than the 10th day after any of the chief petitioners
first has knowledge or should have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
{ - (5)(a) - } { + (7)(a) + } Each sheet of signatures on
an initiative petition shall contain the { - caption of the
ballot title - } { + final initiative petition summary prepared
under section 4 of this 2007 Act + }. Each sheet of signatures on
a referendum petition shall contain the subject expressed in the
title of the Act to be referred.
(b) Each sheet of signatures on an initiative or referendum
petition shall:
(A) Contain only the signatures of electors of one county; and
(B) If one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid.' The notice
shall be in boldfaced type and shall be prominently displayed on
the sheet.
(c) The Secretary of State by rule shall adopt a method of
designation to distinguish signature sheets of referendum
petitions containing the same subject reference and being
circulated during the same period.
{ - (6) - } { + (8) + } The reverse side of the cover of an
initiative or referendum petition shall be used for obtaining
signatures on an initiative or referendum petition.
{ - (7) - } { + (9) + } Not more than 20 signatures on the
signature sheet of the initiative or referendum petition
{ - shall - } { + may + } be counted. The circulator shall
certify on each signature sheet of the initiative or referendum
petition that the individuals signed the sheet in the presence of
the circulator and that the circulator believes each individual
is an elector.
{ - (8) - } { + (10) + } The person obtaining signatures on
the petition shall carry at least one full and correct copy of
the measure to be initiated or referred and shall allow any
person to review a copy upon request of the person.
SECTION 2. ORS 250.065 is amended to read:
250.065. (1) When a prospective petition for a state measure to
be referred is filed with the Secretary of State, the secretary
shall authorize the circulation of the petition using the final
measure summary of the latest version of the printed, engrossed
measure in lieu of the ballot title. { + On the next business
day + } after the referendum petition has been filed containing
the required number of verified signatures, the Secretary of
State
{ - immediately - } shall send two copies of the prospective
petition to the Attorney General.
{ - (2) When an approved prospective petition for a state
measure to be initiated is filed with the Secretary of State, the
secretary immediately shall send two copies of it to the Attorney
General. - }
{ - (3) Not later than the fifth business day after receiving
the copies of the prospective petition for a state measure to be
initiated, the Attorney General shall provide a draft ballot
title for the state measure to be initiated and return one copy
of the prospective petition and the ballot title to the Secretary
of State. - }
{ - (4) - } { + (2) + } Not later than the 10th business
day after receiving the copies of the prospective petition for a
state measure to be referred, the Attorney General shall provide
a draft ballot title for the state measure to be referred and
return one copy of the prospective petition and the draft ballot
title to the Secretary of State.
SECTION 3. { + Sections 4 and 5 of this 2007 Act are added to
and made a part of ORS chapter 250. + }
SECTION 4. { + (1) On the next business day after an approved
prospective petition for a state measure to be initiated is filed
with the Secretary of State, the secretary shall send two copies
of the petition to the Attorney General.
(2) Not later than the fifth business day after receiving the
copies of the prospective petition for a state measure to be
initiated, the Attorney General shall provide a draft initiative
petition summary for the state measure to be initiated and return
one copy of the prospective petition and the draft initiative
petition summary to the Secretary of State. The draft initiative
petition summary shall be a statement of not more than 75 words
that accurately and impartially summarizes the measure. The draft
initiative petition summary for an initiative amendment to the
Oregon Constitution shall begin with the phrase 'AMENDS
CONSTITUTION,' printed in boldfaced capital letters, which shall
not be counted for purposes of the 75-word initiative petition
summary limit.
(3) The Secretary of State, upon receiving a draft initiative
petition summary from the Attorney General under subsection (2)
of this section, shall provide reasonable statewide notice of
having received the draft initiative petition summary and of the
public's right to submit written comments as provided in this
section. The Secretary of State by rule shall specify the means
for providing reasonable statewide notice for submitting comments
on a draft initiative petition summary.
(4) Written comments concerning a draft initiative petition
summary may be submitted to the Secretary of State not later than
the 10th business day after the Secretary of State receives the
draft initiative petition summary from the Attorney General. On
the next business day after the deadline for submitting comments
to the Secretary of State, the Secretary of State shall send a
copy of all written comments to the Attorney General. The
Secretary of State shall maintain a record of written comments
received.
(5) The Attorney General shall consider any written comments
submitted under subsection (4) of this section and shall provide
to the Secretary of State a final initiative petition summary not
later than the 10th business day after receiving the comments
from the Secretary of State. The final initiative petition
summary is not subject to review by a court.
(6) Upon receiving the final initiative petition summary, the
Secretary of State may authorize circulation of the petition
containing the final initiative petition summary as provided in
ORS 250.045. + }
SECTION 5. { + (1) Except as provided in subsection (3)(b) of
this section, for the purpose of qualifying for preparation of a
ballot title for a state measure to be initiated, a chief
petitioner of the state measure to be initiated shall file with
the Secretary of State:
(a) Signature sheets containing a number of signatures that is
not less than 10 percent of the total number of signatures of
electors required on the petition; and
(b) An affidavit certifying the petitioner's good faith belief
based upon reasonable inquiry that the signature sheets contain a
number of signatures that is not less than 10 percent of the
total number of signatures of electors required on the petition.
(2) Not later than the third business day after receiving a
filing under subsection (1) of this section, the Secretary of
State shall verify whether the signature sheets contain a number
of signatures that is not less than 10 percent of the total
number of signatures of electors required on the petition. For
purposes of this subsection, the Secretary of State is not
required to verify whether the signatures are valid signatures of
electors that may be counted under ORS 250.105.
(3)(a) On the next business day after the Secretary of State
determines that the requirements of subsection (1) of this
section have been satisfied, the Secretary of State shall send
two copies of the prospective petition to the Attorney General.
(b) If a filing has not been made under subsection (1) of this
section, the Secretary of State shall send two copies of the
initiative petition to the Attorney General on the next business
day after an initiative petition is filed with the Secretary of
State for verification of the required number of signatures under
ORS 250.105.
(4) Not later than the fifth business day after receiving
copies of a prospective petition or an initiative petition, the
Attorney General shall provide a draft ballot title for the state
measure to be initiated and return one copy of the prospective
petition or initiative petition and the draft ballot title to the
Secretary of State.
(5) A petition for a state measure to be initiated may be
circulated for additional signatures as provided in ORS 250.045
during the ballot title processes described in this section and
ORS 250.067 and 250.085 until the filing deadline for signatures
for the state measure to be initiated. + }
SECTION 6. ORS 250.067 is amended to read:
250.067. (1) The Secretary of State, upon receiving a draft
ballot title from the Attorney General under ORS 250.065 or
250.075 { + or section 5 of this 2007 Act + }, shall provide
reasonable statewide notice of having received the draft ballot
title and of the public's right to submit written comments as
provided in this section. Written comments concerning a draft
ballot title { - shall - } { + may + } be submitted to the
Secretary of State not later than the 10th business day after the
Secretary of State receives the draft title from the Attorney
General. On the next business day after the deadline for
submitting comments to the Secretary of State, the secretary
shall send a copy of all written comments to the Attorney
General. The secretary shall maintain a record of written
comments received.
(2) The Attorney General shall consider any written comments
submitted under subsection (1) of this section and shall certify
to the Secretary of State either the draft ballot title or a
revised ballot title not later than the 10th business day after
receiving the comments from the Secretary of State. If no written
comments are submitted to the Secretary of State, the Attorney
General shall certify the draft ballot title not later than the
20th business day after the Secretary of State receives the draft
title from the Attorney General. The Secretary of State shall
furnish the chief petitioner with a copy of the ballot title.
(3) Unless the Supreme Court certifies a different ballot
title, the ballot title provided by the Attorney General under
subsection (2) of this section shall be the title printed in the
voters' pamphlet and on the ballot.
(4) If a petition for review of a ballot title is filed with
the Supreme Court as provided in ORS 250.085, the Secretary of
State shall file with the Supreme Court a copy of the written
comments received as part of the record on review of the ballot
title.
(5) The Secretary of State by rule shall specify the means for
providing reasonable statewide notice for submitting comments on
a draft ballot title.
SECTION 7. ORS 250.085 is amended to read:
250.085. (1) Any elector dissatisfied with a ballot title
prepared by the Legislative Assembly for a measure referred to
the people by the assembly and filed with the Secretary of State
may petition the Supreme Court seeking a different title. The
petition shall state the reasons that the title filed with the
Secretary of State does not substantially comply with the
requirements of ORS 250.035.
(2) Any elector dissatisfied with a ballot title for an
initiated or referred measure certified by the Attorney General
and who timely submitted written comments on the draft ballot
title may petition the Supreme Court seeking a different title.
The petition shall state the reasons that the title filed with
the Secretary of State does not substantially comply with the
requirements of ORS 250.035.
(3) The petition shall name the Attorney General as the
respondent and must be filed:
(a) Not later than the 10th business day after the Attorney
General certifies a ballot title to the Secretary of State; or
(b) If the title is provided by the Legislative Assembly under
ORS 250.075, not later than the 10th business day after the
Legislative Assembly files the ballot title with the Secretary of
State.
(4) An elector filing a petition under this section shall
notify the Secretary of State in writing that the petition has
been filed. The notice must be received in the office of the
Secretary of State not later than 5 p.m. on the next business day
following the day the petition is filed.
(5) The Supreme Court shall review the title for substantial
compliance with the requirements of ORS 250.035.
(6) When reviewing a title prepared by the Attorney General,
the Supreme Court { - shall - } { + may + } not consider
arguments concerning the ballot title not presented in writing to
the Secretary of State unless the court determines that the
argument concerns language added to or removed from the draft
title after expiration of the comment period provided in ORS
250.067.
(7) The review by the Supreme Court shall be conducted
expeditiously to ensure the orderly and timely { - circulation
of the petition or - } conduct of the election at which the
measure is to be submitted to the electors.
(8) If the Supreme Court determines that the title certified by
the Attorney General or prepared by the Legislative Assembly
substantially complies with the requirements of ORS 250.035, the
court shall certify the title to the Secretary of State. If the
Supreme Court determines that the title certified by the Attorney
General or prepared by the Legislative Assembly does not
substantially comply with the requirements of ORS 250.035, the
court shall modify the ballot title and certify the ballot title
to the Secretary of State or refer the ballot title to the
Attorney General for modification.
(9) Not later than five business days after the Supreme Court
refers a ballot title to the Attorney General under this section,
the Attorney General shall file a modified ballot title with the
Supreme Court and serve copies of the modified ballot title on
all parties to the ballot title review proceeding. If no party to
the ballot title review proceeding files an objection to the
modified ballot title within five business days after the date
the modified ballot title is filed, the Supreme Court shall
certify the modified ballot title to the Secretary of State and
enter an appellate judgment the next judicial day. If any of the
parties to the ballot title review proceeding timely files a
petition objecting to the modified ballot title, the Supreme
Court shall review the modified ballot title to determine whether
the modified ballot title substantially complies with the
requirements of ORS 250.035.
(10) Upon the filing of a petition under subsection (9) of this
section objecting to a modified ballot title:
(a) If the Supreme Court determines that the modified ballot
title substantially complies with the requirements of ORS
250.035, the court shall certify the modified ballot title to the
Secretary of State; or
(b) If the Supreme Court determines that the modified ballot
title does not substantially comply with the requirements of ORS
250.035, the court shall modify the ballot title and certify the
ballot title to the Secretary of State or refer the modified
ballot title to the Attorney General for additional modification
and further proceedings under subsection (9) of this section.
SECTION 8. ORS 250.105 is amended to read:
250.105. (1) { + (a) + } An initiative or referendum petition
relating to a state measure { - shall - } { + must + } be
filed with the Secretary of State for the purpose of verifying
whether the petition contains the required number of signatures
of electors.
{ + (b) If a filing of signatures on a prospective petition
for a state measure to be initiated has been made under section 5
(1) of this 2007 Act, signatures filed under section 5 (1) of
this 2007 Act shall be considered under this section for the
purpose of verifying whether the initiative petition contains the
required number of signatures of electors.
(c) + } The filed { + initiative or referendum + } petition
{ - shall - } { + must + } contain only original signatures.
{ + The Secretary of State shall verify + } each petition
{ - shall be verified - } in the order in which the petitions
are filed with the secretary.
(2) An initiative or referendum petition relating to a state
measure { - shall - } { + may + } not be accepted for filing
if it contains less than 100 percent of the required number of
signatures.
(3) If an initiative or referendum petition is submitted not
less than 165 days before the election at which the proposed
measure is to be voted upon and if the Secretary of State
determines that insufficient signatures have been submitted but
the deadline for filing the petition has not passed, the
petitioners may submit additional signatures.
(4) 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 - } { + may + } 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. If
two samplings are required under this subsection, the total
number of signatures verified on the petition shall be not less
than five percent of the total number of signatures on the
petition.
(5) For purposes of estimating the number of duplicate
signatures contained in a petition, the Secretary of State shall
apply at least an eight percent duplication rate in the first
sampling of signatures on all petitions. If a second sampling of
signatures is required under subsection (4) of this section, the
secretary shall calculate an estimated signature duplication rate
for each petition for which a second sampling is required. For
purposes of calculating an estimated signature duplication rate
for each petition for which a second sampling is required, the
county clerks shall report to the secretary the number of
electors determined to have signed a specific petition more than
once.
(6) When verifying signatures for a state initiative or
referendum petition, the county clerk shall identify on an
elector's voter registration record or other database that the
elector signed the specific initiative or referendum petition.
(7) The Secretary of State may employ professional assistance
to determine the sampling technique to be designated under
subsection (4) of this section.
SECTION 9. { + (1) Sections 4 and 5 of this 2007 Act and the
amendments to ORS 250.045, 250.065, 250.067 and 250.105 by
sections 1, 2, 6 and 8 of this 2007 Act apply to petitions to
initiate a state measure for which a prospective petition is
filed on or after the effective date of this 2007 Act.
(2) The amendments to ORS 250.085 by section 7 of this 2007 Act
apply to:
(a) Petitions seeking a different ballot title filed with the
Supreme Court prior to the effective date of this 2007 Act for
which the Supreme Court has not yet certified a ballot title as
of the effective date of this 2007 Act; and
(b) Petitions seeking a different ballot title filed with the
Supreme Court on or after the effective date of this 2007
Act. + }
SECTION 10. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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