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 1727
Senate Bill 337
Sponsored by Senator WALKER (Presession filed.)
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.
Directs Supreme Court to rule on ballot title petition not
later than 45 days after oral argument or 45 days after all
memoranda have been filed in response to petition, whichever is
later.
Requires Secretary of State to review signature twice before
signature is counted or rejected on initiative or referendum
petition. Directs secretary to prescribe employee training
program conducted by expert in signature verification. Allows
secretary to authorize persons to be present to watch
verification of signatures.
Allows elector to challenge active registration status of
elector who did not vote in election for purposes of determining
number of registered voters eligible to vote in election
described in section 11 (8), Article XI of Oregon Constitution.
Directs Secretary of State or Attorney General to conclude
investigation of election law violation not later than one year
after receipt of complaint and to notify elector not later than
90 days after receipt of complaint if secretary or Attorney
General requires additional time to determine whether violation
has occurred.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
250.085, 250.105, 254.415 and 260.345.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.085 is amended to read:
250.085. (1) Any elector dissatisfied with a ballot title
prepared by the Legislative Assembly for a measure referred to
the people by the assembly and filed with the Secretary of State
may petition the Supreme Court seeking a different title. The
petition shall state the reasons that the title filed with the
Secretary of State does not substantially comply with the
requirements of ORS 250.035.
(2) Any elector dissatisfied with the latest ballot title for
an initiated or referred measure certified by the Attorney
General and who timely submitted written comments on the draft
ballot title may petition the Supreme Court seeking a different
title. The petition shall state the reasons that the title filed
with the Secretary of State does not substantially comply with
the requirements of ORS 250.035.
(3) The petition shall name the Attorney General as the
respondent and must be filed:
(a) Not later than the 10th business day after the Attorney
General certifies a ballot title or a corrected ballot title to
the Secretary of State, whichever is later; or
(b) If the title is provided by the Legislative Assembly under
ORS 250.075, not later than the 10th business day after the
Legislative Assembly files the ballot title with the Secretary of
State.
(4) An elector filing a petition under this section shall
notify the Secretary of State in writing that the petition has
been filed. The notice must be received in the office of the
Secretary of State not later than 5 p.m. on the next business day
following the day the petition is filed.
(5) The Supreme Court shall review the title for substantial
compliance with the requirements of ORS 250.035.
(6) When reviewing a title certified by the Attorney General,
the Supreme Court shall not consider arguments concerning the
ballot title not presented in writing to the Secretary of State
unless the court determines that the argument concerns language
added to or removed from the draft title after expiration of the
comment period provided in ORS 250.067.
{ - (7) The review by the Supreme Court shall be conducted
expeditiously to ensure the orderly and timely circulation of the
petition or conduct of the election at which the measure is to be
submitted to the electors. - }
{ + (7) The Supreme Court shall certify a ballot title or
refer the ballot title to the Attorney General under subsection
(8) of this section not later than 45 days after all memoranda
have been filed in response to a petition described in subsection
(1) or (2) of this section or 45 days after oral arguments have
been presented in response to a petition described in subsection
(1) or (2) of this section, whichever is later. + }
(8) If the Supreme Court determines that the latest ballot
title certified by the Attorney General or prepared by the
Legislative Assembly substantially complies with the requirements
of ORS 250.035, the court shall certify the title to the
Secretary of State. If the Supreme Court determines that the
latest ballot title certified by the Attorney General or prepared
by the Legislative Assembly does not substantially comply with
the requirements of ORS 250.035, the court shall modify the
ballot title and certify the ballot title to the Secretary of
State or refer the ballot title to the Attorney General for
modification.
(9) Not later than five business days 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
Supreme 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 - }
{ + a petition objecting + } 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 of State 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 modified ballot
title substantially complies with the requirements of ORS
250.035.
(10) { - Upon the filing of a petition under subsection (9)
of this section objecting to a modified ballot title - } { +
Not later than 45 days after a petition objecting to a modified
ballot title, and any responses to the petition, have been filed
under subsection (9) of this section + }:
(a) If the Supreme Court determines that the modified ballot
title substantially complies 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 modified ballot
title does not substantially comply with the requirements of ORS
250.035, the court shall modify the ballot title and certify the
ballot title to the Secretary of State or refer the modified
ballot title to the Attorney General for additional modification
and further proceedings under subsection (9) of this section.
SECTION 2. ORS 250.105 is amended to read:
250.105. (1)(a) An initiative or referendum petition relating
to a state measure must be filed with the Secretary of State for
the purpose of verifying whether the petition contains the
required number of signatures of electors. { + The secretary
shall verify whether a state initiative or referendum petition
contains the required number of signatures of electors. + }
(b) Signatures on a prospective petition for a state measure to
be initiated shall be considered under this section for the
purpose of verifying whether the initiative petition contains the
required number of signatures of electors.
(c) When filing an initiative or referendum petition, the chief
petitioner shall sort the signature sheets on the basis of the
name of the person who obtained the signatures on the sheet.
(d) The secretary shall adopt rules establishing procedures for
verifying signatures on an initiative or referendum petition.
(e) The filed initiative or referendum petition must contain
only original signatures. The secretary or county clerk shall
verify each petition in the order in which the petitions are
filed with the secretary.
(2) The secretary may not accept an initiative or referendum
petition relating to a state measure for filing if the petition
contains less than 100 percent of the required number of
signatures.
(3) If { - an - } { + a state + } initiative or referendum
petition is submitted not less than 165 days before the election
at which the proposed measure is to be voted upon and if the
secretary determines that insufficient signatures have been
submitted but the deadline for filing the petition has not
passed, the petitioners may submit additional signatures.
(4) The secretary by rule shall designate a statistical
sampling technique to verify whether a petition contains the
required number of signatures of electors. { + A signature may
be counted or rejected under this subsection only if the
signature has been reviewed at least twice by the secretary.
+ }A petition may not be rejected for the reason that it
contains less than the required number of signatures unless two
separate sampling processes both establish that the petition
lacks the required number of signatures. The second sampling must
contain a larger number of signatures than the first sampling. If
two samplings are required under this subsection, the total
number of signatures verified on the petition shall be not less
than five percent of the total number of signatures on the
petition.
(5) For purposes of estimating the number of duplicate
signatures contained in a petition, the secretary shall apply at
least an eight percent duplication rate in the first sampling of
signatures on all petitions. If a second sampling of signatures
is required under subsection (4) of this section, the secretary
shall calculate an estimated signature duplication rate for each
petition for which a second sampling is required. The calculation
shall be based on the number of electors the secretary determines
have signed a specific petition more than once.
(6) When verifying signatures for a state initiative or
referendum petition, the secretary { - or county clerk - }
shall identify on an elector's voter registration record or other
database that the elector signed the specific initiative or
referendum petition.
(7) The secretary { - of State - } may employ professional
assistance to determine the sampling technique to be designated
under subsection (4) of this section.
{ + (8) The secretary shall prescribe by rule a training
program for persons employed by the secretary for purposes of
verifying signatures on state initiative and referendum
petitions. The training shall be conducted by an expert in
signature verification.
(9) If requested, the secretary shall authorize persons to be
present at the office of the secretary to watch the verification
of signatures, as described in this section. The authorization
shall be in writing and shall be signed by and filed with the
secretary. The secretary shall authorize only as many persons
under this subsection as will not interfere with an orderly
procedure at the office of the secretary. + }
SECTION 3. ORS 254.415 is amended to read:
254.415. (1) The county clerk, an elections official or any
elector shall challenge the ballot of any person offering to vote
whom the clerk, official or elector knows or suspects not to be
qualified as an elector.
(2) The { + county + } clerk, { + an elections + } official
or { + any + } elector challenging the ballot shall make, under
oath or affirmation before a county clerk or other elections
official, a written and numbered statement of challenge. The
statement shall contain the name and residence address of the
challenger, the name of the person challenged and a statement of
the facts upon which the challenge is based.
(3) A person's ballot may be challenged at any time before the
ballot is removed from its return envelope for processing.
{ + (4) For purposes of determining the number of registered
voters eligible to vote in an election described in section 11
(8), Article XI of the Oregon Constitution, during the period
beginning the day after an election and continuing until the 20th
day after the election, any elector may challenge the active
registration status of an elector who did not vote in the
election. If after a challenge made under this subsection the
county clerk determines that the registration of an elector
should not be considered active, the county clerk may not
consider the person to be eligible to vote for purposes of
section 11 (8), Article XI of the Oregon Constitution. + }
SECTION 4. ORS 260.345 is amended to read:
260.345. (1) Any elector may file with any filing officer a
written complaint alleging that a violation of an election law or
rule adopted by the Secretary of State under ORS chapters 246 to
260 has occurred and stating the reason for believing that the
violation occurred and any evidence relating to it. A complaint
alleging a violation involving the Secretary of State, a
candidate for the office of Secretary of State, or any political
committee or person supporting the Secretary of State or a
candidate for the office of Secretary of State may be filed with
the Attorney General. The Secretary of State or Attorney General
shall not accept an anonymous complaint.
(2) The Secretary of State by rule shall prescribe the
procedure for processing a complaint filed with any person other
than the Secretary of State. If the complaint concerns the
Secretary of State, any candidate for the office of the Secretary
of State, or any political committee or person supporting the
candidacy of the Secretary of State or of another person for the
office of Secretary of State, the complaint and any additional
information relating to the complaint shall be sent to the
Attorney General.
(3) { + (a) + } Upon receipt of a complaint under subsection
(1) or (2) of this section the Secretary of State or Attorney
General immediately shall examine the complaint to determine
whether a violation of an election law or rule has occurred and
shall make any investigation the Secretary of State or Attorney
General considers necessary. Except as provided in this
{ - subsection - } { + paragraph + }, within 48 hours of
receiving a complaint under subsection (1) or (2) of this
section, the Secretary of State or Attorney General shall notify
the person who is the subject of the complaint that a complaint
has been received. If the Secretary of State or Attorney General
receives a complaint or complaints involving 25 or more
individuals or political committees in any 24-hour period, the
Secretary of State or Attorney General need not notify the
persons who are the subjects of those complaints within 48 hours
of receiving the complaints but shall notify those persons not
later than 10 business days after receiving the complaint or
complaints.
{ + (b) Not later than 90 days after receipt of a complaint
under subsection (1) or (2) of this section, the Secretary of
State or Attorney General shall notify in writing the elector who
filed the complaint whether the Secretary of State or Attorney
General requires additional time to determine whether a violation
of an election law or rule has occurred. Not later than one year
after receipt of the complaint, the Secretary of State or
Attorney General shall determine whether a violation has
occurred. Written notification provided under this paragraph
shall state only that an extension of time is needed to determine
whether a violation has occurred.
(c) Paragraph (b) of this subsection does not apply to a
complaint filed under subsection (1) or (2) of this section
involving an alleged violation subject to a penalty under ORS
260.993. + }
(4) If the Secretary of State believes after an investigation
under subsection (3) of this section that a violation of an
election law or rule has occurred, the secretary:
(a) In the case of a violation that is subject to a penalty
under ORS 260.993, immediately shall report the findings to the
Attorney General and request prosecution. If the violation
involves the Attorney General, a candidate for that office or a
political committee or person supporting or opposing the Attorney
General or a candidate for that office, the Secretary of State
shall appoint another prosecutor for that purpose; or
(b) In the case of a violation not subject to a penalty under
ORS 260.993, may impose a civil penalty under ORS 260.995.
(5) Upon receipt of a complaint or report under subsection (1),
(2) or (4) of this section involving an alleged violation subject
to a penalty under ORS 260.993, the Attorney General or other
prosecutor immediately shall examine the complaint or report to
determine whether a violation of an election law has occurred.
If the Attorney General or prosecutor determines that a violation
has occurred, the Attorney General or prosecutor immediately
shall begin prosecution in the name of the state. The Attorney
General or other prosecutor shall have the same powers in any
county of this state as the district attorney for the county.
(6) Upon receipt of a complaint under subsection (1) or (2) of
this section involving an alleged violation of an election law or
rule not subject to a penalty under ORS 260.993, the Attorney
General shall examine the complaint to determine whether a
violation of an election law or rule has occurred and shall make
any investigation the Attorney General considers necessary. If
the Attorney General believes after an investigation that a
violation of an election law or rule has occurred, the Attorney
General may impose a civil penalty under ORS 260.995.
(7) In the case of an alleged violation subject to a civil
penalty under ORS 260.995, a complaint shall be filed by an
elector under this section no later than 90 days following the
election at which a violation of an election law or rule is
alleged to have occurred, or 90 days following the date the
violation of an election law or rule is alleged to have occurred,
whichever is later.
(8) A filing officer having reason to believe that a violation
of an election law or rule has occurred shall proceed promptly as
though the officer had received a complaint. A filing officer
shall proceed under this subsection no later than two years
following the election at which a violation of an election law or
rule is alleged to have occurred, or two years following the date
the violation of an election law or rule is alleged to have
occurred, whichever is later. If a filing officer has not
proceeded within two years because of fraud, deceit, misleading
representation or the filing officer could not have reasonably
discovered the alleged violation, the filing officer shall
proceed no later than five years following the election at which
a violation of an election law or rule is alleged to have
occurred, or five years following the date the violation of an
election law or rule is alleged to have occurred, whichever is
later.
SECTION 5. { + (1) The amendments to ORS 250.085 by section 1
of this 2009 Act apply to ballot title petitions filed on or
after the effective date of this 2009 Act.
(2) The amendments to ORS 250.105 by section 2 of this 2009 Act
apply to state initiative or referendum petitions filed for
signature verification on or after the effective date of this
2009 Act.
(3) The amendments to ORS 260.345 by section 4 of this 2009 Act
apply to complaints received on or after the effective date of
this 2009 Act. + }
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