74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 125
LC 953/SB 125-5
SENATE AMENDMENTS TO
SENATE BILL 125
By COMMITTEE ON RULES
June 22
On page 1 of the printed bill, line 2, delete 'and' and after
'ORS' delete the rest of the line and line 3 and insert '
250.045, 250.067 and 254.085; and declaring an emergency.'.
Delete lines 5 through 29 and delete pages 2 and 3 and insert:
' { + SECTION 1. + } { + Section 2 of this 2007 Act is added
to and made a part of ORS chapter 250. + }
' { + SECTION 2. + } { + (1) An elector may file a written
complaint with the Secretary of State alleging that the
provisions of the certified ballot title described in ORS 250.035
(2)(a) to (c) for an initiated state measure do not substantially
comply with the requirements of ORS 250.035 because of a change
in Oregon statutory law that occurred after the ballot title was
certified. This section applies only to a certified ballot title
for an initiated state measure that the secretary has approved
for circulation. The complaint must be filed not later than April
1 of an even-numbered year and shall state the reasons that the
certified ballot title does not substantially comply with the
requirements of ORS 250.035.
' (2) Not later than April 2 of an even-numbered year, the
secretary shall provide copies of all complaints received under
subsection (1) of this section to the Attorney General.
' (3) Not later than the 20th business day after the deadline
for receiving copies of the complaints, for each certified ballot
title for which a complaint was received, the Attorney General
shall:
' (a) Determine whether the provisions of the certified ballot
title described in ORS 250.035 (2)(a) to (c) do not substantially
comply with the requirements of ORS 250.035 because of a change
in Oregon statutory law that occurred after the ballot title was
certified; and
' (b) Issue a revised draft ballot title under subsection (4)
of this section or a written determination under subsection (5)
of this section.
' (4)(a) If the Attorney General determines that the provisions
of the certified ballot title described in ORS 250.035 (2)(a) to
(c) do not substantially comply with the requirements of ORS
250.035, the Attorney General shall provide a revised draft
ballot title to the secretary.
' (b) A revised draft ballot title issued by the Attorney
General under this subsection is considered a draft ballot title
issued under ORS 250.065 (3) and the applicable processes for
comment, certification and Supreme Court review of the ballot
titles apply.
' (5)(a) If the Attorney General determines that the provisions
of the certified ballot title described in ORS 250.035 (2)(a) to
(c) substantially comply with the requirements of ORS 250.035,
the Attorney General shall provide the secretary with a written
determination to that effect.
' (b) An elector dissatisfied with the Attorney General's
determination and who filed a complaint under subsection (1) of
this section may petition the Supreme Court for review of that
determination.
' (6) A petition filed with the Supreme Court under this
section:
' (a) Shall name the Attorney General as the respondent and
state the reasons that the ballot title does not substantially
comply with the requirements of ORS 250.035 (2)(a) to (c) because
of a change in Oregon statutory law that occurred after the
ballot title was certified; and
' (b) Must be filed not later than the 10th business day after
the Attorney General provides a written determination to the
secretary under subsection (5) of this section or not later than
the 10th business day after the Attorney General certifies a
revised ballot title to the secretary under ORS 250.067.
' (7) The Attorney General may file a response to a petition
filed with the Supreme Court not later than the 10th business day
after the petition is filed with the court.
' (8) A person filing a petition with the Supreme Court under
this section shall notify the secretary in writing that the
petition has been filed. The notice must be received in the
office of the secretary not later than 5 p.m. on the next
business day following the day the petition is filed.
' (9) Subject to subsection (1) of this section, the Supreme
Court shall review the provisions of the certified ballot title
described in ORS 250.035 (2)(a) to (c) for substantial compliance
with the requirements of ORS 250.035.
' (10) The Supreme Court shall conduct its review expeditiously
to ensure the orderly and timely conduct of the election at which
the initiated state measure is to be submitted to the electors.
' (11) If the Supreme Court determines that the provisions of
the certified ballot title described in ORS 250.035 (2)(a) to (c)
substantially comply with the requirements of ORS 250.035, the
court shall dismiss the petition and notify the secretary. If the
Supreme Court determines that the provisions of the certified
ballot title described in ORS 250.035 (2)(a) to (c) do not
substantially comply with the requirements of ORS 250.035, the
court shall modify the ballot title and certify the modified
ballot title to the secretary or refer the ballot title to the
Attorney General for modification.
' (12) Not later than the fifth business day 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 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 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
provisions of the modified ballot title substantially comply with
the requirements of ORS 250.035.
' (13) Upon the filing of a petition objecting to a modified
ballot title under subsection (12) of this section:
' (a) If the Supreme Court determines that the provisions of
the modified ballot title substantially comply 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 provisions of
the modified ballot title do not substantially comply with the
requirements of ORS 250.035, the court shall:
' (A) Make modifications to the ballot title and certify the
latest ballot title to the Secretary of State; or
' (B) Refer the modified ballot title to the Attorney General
for additional modification and further proceedings under
subsection (12) of this section.
' (14) A ballot title certified by the Attorney General or
Supreme Court under this section is the ballot title to be
printed in the voters' pamphlet and on the ballot. A ballot title
certified under this section is not required to be printed on the
cover of the initiative petition under ORS 250.045. The caption
of the ballot title certified under this section is not required
to be printed on each sheet of signatures of the petition under
ORS 250.045. + }
' { + SECTION 3. + } ORS 250.045 is amended to read:
' 250.045. (1) Before circulating a petition to initiate or
refer a state measure under section 1, Article IV, Oregon
Constitution, the petitioner shall file with the Secretary of
State a prospective petition. The prospective petition for a
state measure to be initiated shall contain a statement of
sponsorship signed by at least 25 electors. The statement of
sponsorship shall be attached to a full and correct copy of the
measure to be initiated.
' { + (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 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
{ + ballot + } title has not passed.
' { - (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 { +
under ORS 250.085 + }, the cover of the initiative petition shall
contain the title certified by the court { + under ORS
250.085 + }.
' { - (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 { + referred to in subsection (5) of this section + }.
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 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 4. + } 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 a revised draft ballot title under section 2 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 { + ballot + } title { + or a
revised draft ballot title + } from the Attorney General. On the
next business day after the deadline for submitting comments
{ - to the secretary of State - } , the secretary shall send a
copy of all written comments to the Attorney General. The
secretary shall maintain a record of written comments received.
' (2) { + (a) If written comments are submitted to the
secretary under subsection (1) of this section, + }the Attorney
General shall consider { - any written comments submitted under
subsection (1) of this section and shall - } { + the comments
and + } certify to the secretary
{ - of State - } either the draft ballot title or a revised
ballot title not later than the 10th business day after receiving
the comments from the secretary { - of State - } .
' { + (b) + } If no written comments are submitted to the
secretary
{ - of State - } , the Attorney General shall certify the draft
ballot title not later than the 20th business day after the
secretary { - of State - } receives the draft { + ballot + }
title from the Attorney General.
' { + (c) + } The secretary { - of State - } shall furnish
the chief petitioner with a copy of the ballot title
{ + certified under this subsection + }.
' (3) Unless the Supreme Court certifies a different ballot
title { + under ORS 250.085 or section 2 of this 2007 Act + },
the ballot title { - provided - } { + certified + } by the
Attorney General under subsection (2) of this section { - shall
be - } { + is + } the { + ballot + } title { + to be + }
printed in the voters' pamphlet and on the ballot.
' (4) If a petition for review of a ballot title is filed with
the Supreme Court as provided in ORS 250.085 { + or section 2 of
this 2007 Act + }, 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 { + or a revised
draft ballot title + }.
' { + SECTION 5. + } ORS 254.085 is amended to read:
' 254.085. (1) { - The Secretary of State, - } Not later
than the 61st day before the date of a primary or general
election, { + the Secretary of State + } shall file with each
county clerk a statement of the state and congressional district
offices to be filled or for which candidates are to be nominated
in the county at the election, information concerning all
candidates for the offices, and the state measures to be voted
on.
' (2) The information concerning candidates for the Supreme
Court, Court of Appeals, Oregon Tax Court and circuit court shall
include a designation of incumbent for each candidate who is the
regularly elected or appointed judge of the court to which the
candidate seeks election. If a candidate was regularly elected or
appointed to a specific position or department on the court, the
candidate shall be designated as the incumbent only if the person
is a candidate for that position or department.
' (3) Included with each state measure shall be the measure
number, the ballot title { - prepared - } { + certified + }
by the Attorney General under ORS 250.067 (2) or, if the Supreme
Court has reviewed the { + ballot + } title under ORS
250.085 { + or section 2 of this 2007 Act + }, the { + latest
ballot + } title certified by the court { + , + } and the
financial estimates under ORS 250.125. The Secretary of State
shall keep a copy of the statement.
' { + SECTION 6. + } { + Section 2 of this 2007 Act and the
amendments to ORS 250.045, 250.067 and 254.085 by sections 3 to 5
of this 2007 Act apply to ballot titles for petitions for
initiated state measures that, if filed with the Secretary of
State with the required number of signatures of qualified
electors, will be submitted to the people at an election
occurring on or after November 4, 2008. + }
' { + SECTION 7. + } { + 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. + } ' .
----------