75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 776
Sponsored by COMMITTEE ON RULES
CHAPTER ................
AN ACT
Relating to the voters' pamphlet; creating new provisions; and
amending ORS 251.095, 251.115, 251.255 and 251.285.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 251.095 is amended to read:
251.095. { - (1) At the time materials are filed under ORS
251.065, each candidate for nomination or election to any of the
following offices shall pay to the Secretary of State the
following fee for space in the voters' pamphlet: - }
{ - (a) President or Vice President of the United States,
United States Senator, Representative in Congress or any state
office to be voted for in the state at large, $1,000. - }
{ - (b) State Senator, state Representative or any other
office, $300. - }
{ + (1) For space in the voters' pamphlet:
(a) Each candidate for nomination or election to the office of
President or Vice President of the United States shall, at the
time materials are filed under ORS 251.065, pay a fee of $3,500
to the Secretary of State or may submit a petition in a form
prescribed by the secretary containing the signatures of 500
electors.
(b) Each candidate for nomination or election to the office of
United States Senator or any state office to be voted for in the
state at large shall, at the time materials are filed under ORS
251.065, pay a fee of $3,000 to the Secretary of State or may
submit a petition in a form prescribed by the secretary
containing the signatures of 500 electors.
(c) Each candidate for nomination or election to the office of
Representative in Congress shall, at the time materials are filed
under ORS 251.065, pay a fee of $2,500 to the Secretary of State
or may submit a petition in a form prescribed by the secretary
containing the signatures of 300 electors.
(d) Each candidate for nomination or election to the office of
state Senator or state Representative shall, at the time
materials are filed under ORS 251.065, pay a fee of $750 to the
Secretary of State or may submit a petition in a form prescribed
by the secretary containing the signatures of 300 electors.
(e) Each candidate for nomination or election to any other
office shall, at the time materials are filed under ORS 251.065,
pay a fee of $600 to the Secretary of State or may submit a
petition in a form prescribed by the secretary containing the
signatures of 300 electors.
Enrolled Senate Bill 776 (SB 776-A) Page 1
(2) The signatures on a petition submitted under subsection (1)
of this section shall be certified by the county clerk in the
manner provided in ORS 249.008. The petition shall be filed with
the Secretary of State. + }
{ - (2) - } { + (3) + } The space allotted to each
candidate shall be used for materials filed under ORS 251.065,
including the portrait and statement of reasons the candidate
should be nominated or elected and the information required under
ORS 251.085. If a portrait is not filed, the statement may cover
the entire allotted space. The length of the statement shall not
exceed 325 words. { - All materials submitted by a candidate
under ORS 251.065 shall fit within 30 square inches of space. - }
All candidates shall be allowed the same amount of space. { +
The Secretary of State by rule shall prescribe the size of the
space allotted to each candidate, except that the space may not
be smaller than 30 square inches. + }
SECTION 2. ORS 251.115 is amended to read:
251.115. (1) Not later than the 70th day before the general
election, the party officers as designated in the organizational
documents of any statewide political party or assembly of
electors having nominated candidates may file with the Secretary
of State a printed or typewritten statement of arguments for the
success of its principles and election of its candidates on a
statewide basis and opposing the principles and candidates of
other political parties or organizations on a statewide basis.
(2) Not later than the 70th day before the general election,
the party officers as designated in the organizational documents
of any less than statewide political party or assembly of
electors having nominated candidates may file with the Secretary
of State a typewritten statement of arguments for the success of
its principles and election of its candidates on a county basis
and opposing the principles and candidates of other political
parties or organizations on a county basis.
{ + (3)(a) Any statewide political party or assembly of
electors having nominated candidates shall pay a fee of $1,200 to
the Secretary of State when the statement is filed or may submit
a petition in a form prescribed by the secretary containing the
signatures of 500 electors.
(b) Any less than statewide political party or assembly of
electors having nominated candidates shall pay a fee of $600 to
the Secretary of State when the statement is filed or may submit
a petition in a form prescribed by the secretary containing the
signatures of 300 electors.
(c) The signatures on a petition submitted under this
subsection shall be certified by the county clerk in the manner
provided in ORS 249.008. The petition shall be filed with the
Secretary of State. + }
{ - (3) - } { + (4) The Secretary of State by rule shall
prescribe + } the size of the statements permitted under this
section { - shall not exceed 60 square inches for - } { + ,
except that + } any statewide political party or assembly of
electors having nominated candidates { - and 30 square inches
for - } { + shall be allotted more space than + } any less than
statewide political party or assembly of electors having
nominated candidates. { - The fee for a statement filed under
this section shall be $600 for any statewide political party or
assembly of electors having nominated candidates and $300 for any
less than statewide political party or assembly of electors
having nominated candidates. - }
SECTION 3. ORS 251.255 is amended to read:
Enrolled Senate Bill 776 (SB 776-A) Page 2
251.255. (1) Not later than the 70th day before a general
election or the 68th day before a special election held on the
date of any primary election at which a state measure is to be
voted upon, any person may file with the Secretary of State a
printed or typewritten argument supporting or opposing the
measure.
(2) A person filing an argument under this section shall pay a
fee of { - $500 - } { + $1,200 + } to the Secretary of State
when the argument is filed or may submit a petition in a form
prescribed by the Secretary of State containing the signatures of
{ - 1,000 - } { + 500 + } electors { - eligible to vote on
the measure - } . Each person signing the petition shall
subscribe to a statement that the person has read and agrees with
the argument. The signatures on each petition shall be certified
by the county clerk in the manner provided in ORS 249.008. The
petition shall be filed with the Secretary of State.
(3) The Secretary of State by rule shall establish the size and
length of arguments permitted under ORS 251.245 and this section
{ - . The size and - } { + , except that the + } length of an
argument may not exceed { - 30 square inches or - } 325 words.
The size and length limitations shall be the same for arguments
submitted under ORS 251.245 or this section.
SECTION 4. ORS 251.285 is amended to read:
251.285. (1) If any county measure or any measure of a
metropolitan service district organized under ORS chapter 268,
and the ballot title, explanatory statement and arguments
relating to the measure, are to be included by the Secretary of
State in the state voters' pamphlet as provided in ORS 251.067,
the requirements of this section shall be satisfied.
(2) The county or district measure, ballot title, explanatory
statement and arguments shall not be printed in the voters'
pamphlet unless:
(a) The ballot title is a concise and impartial statement of
the purpose of the measure;
(b) The explanatory statement is an impartial, simple and
understandable statement explaining the measure and its effect;
(c) The county or metropolitan service district adopts and
complies with an ordinance that provides a review procedure for a
ballot title or explanatory statement which is contested because
it does not comply with the requirements of paragraph (a) or (b)
of this subsection;
(d) The county or metropolitan service district adopts and
complies with an ordinance that provides for acceptance of
typewritten arguments relating to the measure { + not to exceed
325 words + } to be printed { - on 30 square inches of - }
{ + in + } the voters' pamphlet; and
(e) The county or metropolitan service district does not
require of a person filing an argument a payment of more than
$300, or a petition containing more than a number of signatures
equal to 1,000 electors eligible to vote on the measure or 10
percent of the total of such electors, whichever is less.
(3) Any judicial review of a determination made under the
review procedures adopted under subsection (2)(c) of this section
shall be first and finally in the circuit court of the judicial
district in which the county is located or, for a district
measure, in the circuit court of the judicial district in which
the administrative office of the metropolitan service district is
located.
(4) If the county or metropolitan service district has adopted
and complied with ordinances prescribed in subsection (2) of this
Enrolled Senate Bill 776 (SB 776-A) Page 3
section, the decision to include the county or district measure,
ballot title, explanatory statement and arguments in the voters'
pamphlet shall be made by:
(a) The county governing body with regard to any county measure
or the council of the metropolitan service district with regard
to any district measure;
(b) The chief petitioners of the initiative or referendum with
regard to a county or district measure initiated or referred by
the people. The chief petitioners shall indicate their decision
in a statement signed by all of the chief petitioners and filed
with the county clerk or, for a district measure, with the
executive officer of the metropolitan service district; or
(c) A political committee, as defined in ORS 260.005, that
opposes the county or district measure. The committee shall
indicate its decision in a statement signed by every committee
director, as defined in ORS 260.005, and filed with the county
clerk or, for a district measure, with the executive officer of
the metropolitan service district.
(5) The county or metropolitan service district shall file the
measure, ballot title, explanatory statement and arguments with
the Secretary of State not later than the 70th day before the
general election or the 68th day before a special election held
on the date of any primary election. The county or district shall
pay to the Secretary of State the cost of including the county or
district material in the pamphlet as determined by the secretary.
The Secretary of State shall not have this material printed in
the pamphlet unless:
(a) The time for filing a petition for judicial review of a
determination made under subsection (2)(c) of this section has
passed; and
(b) The measure, title, statement and arguments properly filed
with the county or metropolitan service district, are delivered
to the secretary.
SECTION 5. { + The amendments to ORS 251.095, 251.115, 251.255
and 251.285 by sections 1 to 4 of this 2009 Act apply to space in
voters' pamphlets prepared on or after the effective date of this
2009 Act. + }
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Passed by Senate June 27, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 29, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 776 (SB 776-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 Senate Bill 776 (SB 776-A) Page 5