75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3033
Sponsored by Representative SCHAUFLER (at the request of Oregon
Home Builders Association)
CHAPTER ................
AN ACT
Relating to election petitions; creating new provisions; and
amending ORS 250.165 and 250.265.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.165 is amended to read:
250.165. (1) Before circulating a petition to initiate or refer
a county measure, the petitioner shall file with the county clerk
a prospective petition. The county clerk immediately shall date
and time stamp the prospective petition, and specify the form on
which the petition shall be printed for circulation. The clerk
shall retain the prospective petition.
(2) 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 title
described in ORS 250.175 (1). If the circuit court has not
reviewed the ballot title under ORS 250.195, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.175 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
(3) 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.
(4)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the county governing body.
Enrolled House Bill 3033 (HB 3033-A) Page 1
(b) Each sheet of signatures on an initiative or referendum
petition shall, 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. '
(5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(6) 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 that the
circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector registered in the
county.
(7) { - If - } { + Unless otherwise provided by a county
ordinance, + } the gathering of signatures { - exceeds the - }
{ + on a petition to initiate a county measure may not exceed
a + } period of { - one year - } { + two years + } from the
time the petition is approved for circulation { - , any of the
chief petitioners, on or before each anniversary of approval of
the petition for circulation, shall file with the county clerk a
statement that the initiative petition is still active - } .
{ - (8) Not later than 30 days before the date that the chief
petitioners must file a statement under subsection (7) of this
section, the county clerk shall notify the chief petitioners in
writing of the requirements of subsection (7) of this section.
The notice shall be sent by certified mail, return receipt
requested. - }
{ - (9) - } { + (8) + } A county clerk may not accept for
filing any petition which has not met the provisions of
subsection (7) of this section.
{ + (9) A petition to initiate a county measure must be filed
not less than 90 days before the election at which the proposed
law is to be voted on. + }
(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 250.265 is amended to read:
250.265. (1) Before circulating a petition to initiate or refer
a city measure, the petitioner shall file with the city elections
officer a prospective petition. The officer immediately shall
date and time stamp the prospective petition, and specify the
form on which the petition shall be printed for circulation. The
officer shall retain the prospective petition.
(2) 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 title
described in ORS 250.275 (1). If the circuit court has not
reviewed the ballot title under ORS 250.296, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.275 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
(3) The chief petitioners shall include with the prospective
petition a statement declaring whether one or more persons will
Enrolled House Bill 3033 (HB 3033-A) Page 2
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.
(4)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the city governing body.
(b) Each sheet of signatures on an initiative or referendum
petition shall, 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. '
(5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(6) 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 that the
circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector registered in the
city.
(7) { - If - } { + Unless otherwise provided by a city
ordinance, + } the gathering of signatures { - exceeds the - }
{ + on a petition to initiate a city measure may not exceed
a + } period of { - one year - } { + two years + } from the
time the petition is approved for circulation { + . + } { - ,
any of the chief petitioners, on or before the anniversary of
approval of the petition for circulation: - }
{ - (a) Shall file annually, with the city elections officer,
a statement that the initiative petition is still active; and - }
{ - (b) May submit to the city elections officer for
verification any signatures gathered on the petition in the
preceding year. - }
{ - (8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under
subsection (7) of this section, the city elections officer shall
notify the chief petitioners in writing of the requirements of
subsection (7) of this section. The notice shall be sent by
certified mail, return receipt requested. - }
{ - (9) - } { + (8) + } A city elections officer
{ - shall - } { + may + } not accept for filing any petition
which has not met the provisions of subsection (7) of this
section.
{ + (9) A petition to initiate a city measure must be filed
not less than 90 days before the election at which the proposed
law is to be voted on. + }
(10) The person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
Enrolled House Bill 3033 (HB 3033-A) Page 3
initiated or referred and shall allow any person to review a copy
upon request of the person.
SECTION 3. { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 250.165 and 250.265 by
sections 1 and 2 of this 2009 Act apply to petitions to initiate
county or city measures for which a prospective petition is filed
before, on or after the effective date of this 2009 Act.
(2) The amendments to ORS 250.165 and 250.265 by sections 1 and
2 of this 2009 Act do not apply to petitions to initiate county
or city measures for which an election will be held on the
measure on or before January 1, 2011. + }
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Passed by House May 7, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 4, 2009
...........................................................
President of Senate
Enrolled House Bill 3033 (HB 3033-A) Page 4
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3033 (HB 3033-A) Page 5