75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3226
 
                         House Bill 3042
 
Sponsored by Representative BARTON
 
 
                             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.
 
  Designates office of county commissioner as nonpartisan.
 
                        A BILL FOR AN ACT
Relating to nonpartisan offices; creating new provisions; and
  amending ORS 249.002, 249.088, 249.091 and 254.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 249.002 is amended to read:
  249.002. As used in this chapter:
  (1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
  (2) 'County clerk' means the county clerk or the county
official in charge of elections.
  (3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
  (4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court, or any county judge who
exercises judicial functions.
  (5) 'Member' means an individual who is registered as being
affiliated with the political party.
  (6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
  (7) 'Nonpartisan office' means the office of judge,
Superintendent of Public Instruction, Commissioner of the Bureau
of Labor and Industries, any elected office of a metropolitan
service district under ORS chapter 268, justice of the peace,
county clerk, county assessor, county surveyor, county treasurer,
 { +  county commissioner, + } sheriff, district attorney or any
office designated nonpartisan by a home rule charter.
  (8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
  (9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
  (10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, Superintendent of Public Instruction, judge,
state Senator, state Representative or district attorney.
  SECTION 2. ORS 249.088 is amended to read:
  249.088.   { - (1) Unless otherwise provided by a home rule
charter, at the nominating election held on the date of the
primary election, two candidates shall be nominated for the
nonpartisan office. However, when a candidate, other than a
candidate for the office of sheriff, a candidate for the office
of county clerk, a candidate for the office of county treasurer
or a candidate to fill a vacancy, receives a majority of the
votes cast for the office at the nominating election, that
candidate is elected. - }
    { - (2) - }  { +  (1) Subject to the provisions of a home
rule charter, at the nominating election held on the date of the
primary election:
  (a) A candidate for nonpartisan office who receives a majority
of votes cast for the office at the election is elected.
  (b) If no candidate for nonpartisan office receives a majority
of votes cast for the office, the two candidates receiving the
highest number of votes are nominated.
  (2) Notwithstanding subsection (1)(a) of this section, + } when
a candidate for the office of sheriff,   { - the office of - }
county clerk,
  { - the office of - }  county treasurer { +  or county
commissioner + } or a candidate to fill a vacancy receives a
majority of votes cast for the office at the nominating
election { +  held on the date of the primary election + }, that
candidate alone is nominated.
  SECTION 3. ORS 249.091 is amended to read:
  249.091. Unless otherwise provided by a home rule charter, if a
nominating petition or declaration of candidacy is filed by no
more than two candidates for the office of sheriff,   { - the
office of - }  county treasurer { + , + }   { - or the office
of - }  county clerk { +  or county commissioner + } or by no
more than two candidates to fill a vacancy in a nonpartisan
office:
  (1) The candidate or candidates shall be the nominee or
nominees for the office; and
  (2) The name or names of the candidate or candidates may not be
printed on the ballot at the nominating election.
  SECTION 4. ORS 254.005 is amended to read:
  254.005. As used in this chapter:
  (1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
  (2) 'Chief elections 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, or a measure to be voted on in the state
at large.
  (b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
  (c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
  (3) 'County clerk' means the county clerk or the county
official in charge of elections.
  (4) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
  (5) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
  (6) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
  (a) A proposed law.
  (b) An Act or part of an Act of the Legislative Assembly.
  (c) A revision of or amendment to the Oregon Constitution.
  (d) Local, special or municipal legislation.
  (e) A proposition or question.
  (7) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
 
  (8) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court, Superintendent of Public Instruction, Commissioner of the
Bureau of Labor and Industries, any elected office of a
metropolitan service district under ORS chapter 268, justice of
the peace, county clerk, county assessor, county surveyor, county
treasurer,  { + county commissioner, + } county judge who
exercises judicial functions, sheriff, district attorney or any
office designated nonpartisan by a home rule charter.
  (9) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
  (10) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
  (11) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked ballots.
  (12) 'Voting machine' means any device that will record every
vote cast on candidates and measures and that will either
internally or externally total all votes cast on that device.
  SECTION 5.  { + The amendments to ORS 249.002, 249.088, 249.091
and 254.005 by sections 1 to 4 of this 2009 Act apply to
nominations for and appointments and elections to the office of
county commissioner occurring on or after the effective date of
this 2009 Act. + }
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