75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2621
 
Sponsored by Representative ROBLAN; Representative BUCKLEY
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to ballots; creating new provisions; amending ORS
  254.165 and 254.650; and declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 254.165 is amended to read:
  254.165. (1) If the filing officer determines that a candidate
has died, withdrawn or become disqualified, or that the candidate
will not qualify in time for the office if elected, the name of
the candidate may not be printed on the ballots or, if they have
already been printed, shall be erased or canceled before the
ballots are delivered to the electors. The name of a candidate
nominated to fill a vacancy in nomination or office shall be
printed on the ballots or, if they have already been printed, the
county clerk shall cause the name to appear on the ballots before
the ballots are delivered to the electors. A filing officer,
other than the Secretary of State, shall notify the Secretary of
State of any action taken under this section.
  (2) Subsection (1) of this section does not apply if the filing
officer makes the determination under subsection (1) of this
section on or after the   { - 30th - }  { +  47th + } day before
the date of the election.
  (3) As used in this section:
  (a) 'District' means a district defined in ORS 255.012.
  (b) 'Filing 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.
  (B) County clerk, regarding a candidate for a county office.
  (C) County clerk of the county in which the administrative
office of the district is located, regarding a candidate for a
district office to be voted on in a district located in more than
one county.
  (D) County clerk, regarding a candidate for a district office
to be voted on in a district situated wholly within the county.
  (E) City clerk, auditor or recorder, regarding a candidate for
a city office.
  SECTION 2. 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 - }   { + 47th + } day before the date of the general
election:
 
 
Enrolled House Bill 2621 (HB 2621-INTRO)                   Page 1
 
 
 
  (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 3.  { + The amendments to ORS 254.165 and 254.650 by
sections 1 and 2 of this 2009 Act apply to vacancies that occur
on or after the effective date of this 2009 Act. + }
  SECTION 4.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
                         ----------
 
 
Passed by House March 12, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 21, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2621 (HB 2621-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2621 (HB 2621-INTRO)                   Page 3