74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 77
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Secretary of State Bill
Bradbury)
CHAPTER ................
AN ACT
Relating to elections; creating new provisions; amending ORS
203.035, 236.320, 249.042, 249.061, 249.064, 249.078, 249.830,
249.865, 250.355, 253.030 and 260.715; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 236.320 is amended to read:
236.320. { + (1) + } Resignation shall be made as follows:
{ - (1) - } { + (a) + } By the Secretary of State, State
Treasurer and all officers elected by the legislature, to the
Governor.
{ - (2) - } { + (b) + } By all officers who hold their
offices by election, to the officer authorized by law to order a
special election to fill the resulting vacancy.
{ - (3) - } { + (c) + } By all other officers holding their
offices by appointment, to the body, board or officer that
appointed them.
{ + (2) Resignations described in this section must be made
in writing. + }
SECTION 2. ORS 249.042 is amended to read:
249.042. When an elector files with the appropriate filing
officer { - a signed copy of the elector's prospective petition
for nomination - } { + the statement and prospective
petition + } under ORS 249.061, or a declaration of candidacy, it
{ - shall be - } { + is + } conclusive evidence that the
elector is a candidate for nomination or election by the
elector's political party or to the nonpartisan office stated in
the petition or declaration.
SECTION 3. ORS 249.061 is amended to read:
249.061. (1) { - No - } { + A + } petition for nomination
{ - shall - } { + may not + } contain the name of more than
one candidate.
(2) Before circulating a nominating petition, the candidate
shall deliver to the officer with whom the petition will be filed
{ - , - } { + :
(a) A statement signed by the candidate indicating that the
candidacy is by prospective petition; and
(b) + }A copy of the prospective petition { - signed by the
candidate - } .
Enrolled Senate Bill 77 (SB 77-A) Page 1
(3) The candidate shall include with the nominating petition a
statement declaring whether one or more persons will be paid
money or other valuable consideration for obtaining signatures of
electors on the nominating petition. After the nominating
petition is filed, the candidate shall notify the filing officer
not later than the 10th day after the candidate first has
knowledge or should have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the nominating petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the nominating petition declared that one
or more such persons would be paid.
(4) The circulator shall certify on each signature sheet that
the individuals signed the sheet in the presence of the
circulator and that the circulator believes each individual is an
elector qualified to sign the petition.
SECTION 4. ORS 249.064 is amended to read:
249.064. (1) A nominating petition of a candidate seeking the
nomination of a major political party shall contain a statement
that each elector whose signature appears on the petition is a
member of the same major political party as is the candidate.
(2) A nominating petition of any candidate shall contain the
number of signatures of electors required by ORS 249.068 or
249.072 and the residence { + or mailing + }address and name or
number of the precinct, if known, of each elector whose signature
appears.
{ - (3) The signatures contained in the nominating petition
shall be certified for genuineness by the county clerks under ORS
249.008. - }
{ + (3) Pursuant to ORS 249.008, the county clerks shall
certify the signatures contained in the nominating petition for
genuineness. + }
SECTION 5. ORS 249.078 is amended to read:
249.078. (1) The name of a candidate for a major political
party nomination for President of the United States shall be
printed on the ballot or ballot label only:
(a) By direction of the Secretary of State who in the
secretary's sole discretion has determined that the candidate's
candidacy is generally advocated or is recognized in national
news media; or
(b) By nominating petition described in this section and filed
with the Secretary of State.
(2) A petition nominating a candidate under this section shall
contain from each congressional district the signatures of at
least 1,000 electors who are registered in the district and who
are members of the major political party of the candidate. The
electors in each congressional district shall include electors
registered in at least five percent of the precincts in each of
at least one-fourth of the counties in the congressional
district. The petition shall contain the printed name, residence
{ + or mailing + } address and name or number of the precinct,
if known, of each elector whose signature appears on the
petition. The signatures shall be certified for genuineness by
the county clerks under ORS 249.008. Before circulating the
petition, the chief sponsor shall file with the Secretary of
State a signed copy of the prospective petition. The chief
sponsor shall include with the prospective petition a statement
declaring whether one or more persons will be paid money or other
valuable consideration for obtaining signatures of electors on
Enrolled Senate Bill 77 (SB 77-A) Page 2
the petition. After the prospective petition is filed, the chief
sponsor shall notify the Secretary of State not later than the
10th day after the chief sponsor first has knowledge or should
have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
SECTION 6. ORS 249.830 is amended to read:
249.830. { + (1) A + } { - Any - } person who has been
nominated and has accepted the nomination under ORS 249.712 may
withdraw from { + the + } nomination { - not later than the
67th day before the general election - } by filing with the
officer with whom the certificate of nomination was filed a
written statement declining the nomination and stating the reason
for withdrawal. { - The statement shall be signed and
acknowledged by the candidate before a notary public. - }
{ + (2) The statement must be:
(a) Signed by the person withdrawing from the nomination; and
(b) Filed not later than the 67th day before the general
election.
(3) + }The { - withdrawal - } { + statement + } may be
sent to the Secretary of State through a county clerk, as
provided by ORS 249.850.
SECTION 7. ORS 249.865 is amended to read:
249.865. (1) Pursuant to section 18, Article II of the Oregon
Constitution, an elector of the electoral district from which the
public officer is elected may file a petition demanding the
recall of the public officer. Before the petition is circulated
for signatures, the chief petitioner of the petition shall file
with the officer authorized to order the recall election:
(a) A copy of the prospective petition signed by the chief
petitioner;
(b) A statement of organization described in ORS 260.118; and
(c) A statement conforming to ORS 260.083 of contributions
received and expenditures made by or on behalf of the chief
petitioner and political committee the chief petitioner
represents, if any, to the date of filing the prospective
petition.
(2) The chief petitioner shall include with the prospective
petition a statement declaring whether one or more persons will
be paid money or other valuable consideration for obtaining
signatures of electors on the recall petition. After the
prospective petition is filed, the chief petitioner shall notify
the filing officer not later than the 10th day after the chief
petitioner first has knowledge or should have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
(3) Each sheet of the recall petition must contain:
(a) The words 'Petition for recall of,' (name and title of
officer) and the date of the filing under subsection (1) of this
section; and
Enrolled Senate Bill 77 (SB 77-A) Page 3
(b) The name and address of the treasurer { + or the chief
petitioner + } listed on the statement of organization filed
under subsection (1) of this section.
(4) Not more than 20 signatures on each sheet of the recall
petition shall be counted. The circulator shall certify on each
signature sheet that the individuals signed the sheet in the
presence of the circulator and that the circulator believes each
individual is an elector.
(5) Any intentional or willful violation of subsection (1) or
(2) of this section by a chief petitioner of the recall petition
or by the treasurer listed on the statement of organization filed
under subsection (1) of this section invalidates the prospective
petition before it is circulated for signatures.
SECTION 8. ORS 250.355 is amended to read:
250.355. If a referendum petition contains the required number
of verified signatures, the election on the city measure shall be
held on the next available election date in ORS 221.230 that is
not sooner than the 90th day after the referendum
{ - measure - } { + petition + } was filed with the city
elections officer.
SECTION 9. ORS 253.030 is amended to read:
253.030. (1) Before an election any elector may apply to the
clerk for the absentee ballot of the election.
(2) An application for an absentee ballot must { - : - }
{ - (a) Be in writing and signed by the applicant; and - }
{ - (b) - } be received by the clerk not later than 8 p.m.
the day of the election.
(3) If an applicant not affiliated with any political party
desires to vote in any major political party primary election,
the applicant may request and shall be sent a ballot for a major
political party if that political party has provided under ORS
254.365 for a primary election that admits electors not
affiliated with any political party.
(4) Application for an absentee ballot may be made { + in any
manner designated by the Secretary of State by rule,
including + } by { + electronic mail or by + } using a
facsimile machine. As used in this subsection, 'facsimile
machine' means a machine that electronically transmits or
receives facsimiles of documents through connection with a
telephone network.
(5) If an elector desires, the elector's application shall be
valid for every subsequent election until the elector otherwise
notifies the clerk or is no longer an elector of the county.
SECTION 10. ORS 260.715 is amended to read:
260.715. (1) A person may not knowingly make a false statement,
oath or affidavit when a statement, oath or affidavit is required
under the election laws.
(2) A person may not request a ballot in a name other than the
person's own name.
(3) A person may not vote or attempt to vote more than once at
any election held on the same date.
{ + (4) A person may not vote or attempt to vote both in an
election held in this state and in another state on the same
date. + }
{ - (4) - } { + (5) + } A person, except an elections
official in performance of duties, may not willfully alter or
destroy a ballot cast at an election or the returns of an
election.
{ - (5) - } { + (6) + } A person may not willfully place a
fraudulent ballot among the genuine ballots.
Enrolled Senate Bill 77 (SB 77-A) Page 4
{ - (6) - } { + (7) + } A person may not falsely write
anything purporting to be written by an election board member on
the ballot or ballot stub.
{ - (7) - } { + (8) + } A person may not commit theft of a
ballot or tally or return sheet, or willfully hinder or delay the
delivery of the tally or return sheet to the county clerk, or
fraudulently break open a sealed tally or return sheet of the
election.
{ - (8) - } { + (9) + } A person may not manufacture or
knowingly use a fraudulent ballot return identification envelope
or secrecy envelope or sell, offer to sell, purchase or offer to
purchase, for money or other valuable consideration, any official
ballot, replacement ballot, ballot return identification envelope
or secrecy envelope. As used in this subsection, 'ballot return
identification envelope' and 'secrecy envelope' mean those
envelopes used to return ballots to the county clerk by absent
electors or in elections conducted by mail.
SECTION 11. { + (1) The amendments to ORS 236.320 by section 1
of this 2007 Act apply to resignations submitted on or after the
effective date of this 2007 Act.
(2) The amendments to ORS 249.042, 249.061, 249.064 and 249.078
by sections 2 to 5 of this 2007 Act apply to nominating petitions
filed on or after the effective date of this 2007 Act.
(3) The amendments to ORS 249.830 by section 6 of this 2007 Act
apply to statements of withdrawal from nomination filed on or
after the effective date of this 2007 Act.
(4) The amendments to ORS 249.865 by section 7 of this 2007 Act
apply to recall petitions filed on or after the effective date of
this 2007 Act.
(5) The amendments to ORS 253.030 by section 9 of this 2007 Act
apply to applications for absentee ballots made on or after the
effective date of this 2007 Act.
(6) The amendments to ORS 260.715 by section 10 of this 2007
Act apply to elections held on or after the effective date of
this 2007 Act. + }
SECTION 12. ORS 203.035 is amended to read:
203.035. (1) Subject to subsection (3) of this section, the
governing body or the electors of a county may by ordinance
exercise authority within the county over matters of county
concern, to the fullest extent allowed by Constitutions and laws
of the United States and of this state, as fully as if each
particular power comprised in that general authority were
specifically listed in ORS 203.030 to 203.075.
(2) The power granted by this section is in addition to other
grants of power to counties, shall not be construed to limit or
qualify any such grant and shall be liberally construed, to the
end that counties have all powers over matters of county concern
that it is possible for them to have under the Constitutions and
laws of the United States and of this state.
(3) An ordinance adopted by a county governing body that
changes the number or mode of selection of elective county
officers shall not take effect unless the ordinance is submitted
to and approved by the electors of the county at a primary
election { + , + } { - or - } general election { + or
election held on the first Tuesday after the first Monday in
November of an odd-numbered year + }. However, { - no - }
{ + an + } ordinance adopted under this section may { +
not + } change the mode of selection of a county assessor.
Enrolled Senate Bill 77 (SB 77-A) Page 5
(4) Nothing in this section shall be construed to limit the
rights of the electors of a county to propose county ordinances
through exercise of the initiative power.
SECTION 13. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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Passed by Senate April 17, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 3, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 77 (SB 77-A) Page 6
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 77 (SB 77-A) Page 7