76th OREGON LEGISLATIVE ASSEMBLY--2011 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 782
House Bill 2256
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Health Care for Secretary of State Kate Brown)
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.
Requires county judge who exercises judicial functions to file
for candidacy with county clerk. Modifies requirements regarding
obligation of Secretary of State to reimburse county clerk for
recall election for county judge who exercises judicial
functions.
Limits signature gathering period to two years for petition to
initiate district measure. Requires that petition to initiate
district measure be submitted not less than 90 days preceding
election at which measure is to be voted on.
Transfers responsibility for issuing notice of district
election from elections official to district elections authority.
Modifies responsibilities of district elections authority.
Allows election law complaints to be filed electronically.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
249.002, 249.035, 249.088, 254.103, 254.483, 255.069, 255.075,
255.085, 255.135, 255.145, 255.215 and 260.345; and repealing
ORS 249.091.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 249.002, as amended by section 2, chapter 18,
Oregon Laws 2010, 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 judge who exercises judicial functions, + } 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 249.035 is amended to read:
249.035. A nominating petition or declaration of candidacy
relating to a candidate for:
(1) State office, United States Senator or Representative in
Congress shall be filed with the Secretary of State.
(2) County office { + , county judge who exercises judicial
functions + } or precinct committeeperson shall be filed with the
county clerk.
(3) City office shall be filed with the chief city elections
officer.
(4) Any elected office of a metropolitan service district under
ORS chapter 268 shall be filed with the county clerk of the
county in which the administrative office of the district is
located.
(5) Any other office shall be filed under ORS chapter 255.
SECTION 3. 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) When a candidate for the office of sheriff, the
office of county clerk, the office of county treasurer or a
candidate to fill a vacancy receives a majority of votes cast for
the office at the nominating election, that candidate alone is
nominated. - }
{ + (1) Except as otherwise provided in this section:
(a) At the nominating election held on the date of the primary
election, two candidates shall be nominated for each nonpartisan
office.
(b) If a candidate receives a majority of the votes cast for
the office at the nominating election, that candidate is elected.
(2) If a candidate to fill a vacancy in a nonpartisan office or
a candidate for the office of sheriff, county clerk or county
treasurer receives a majority of the votes cast for the office at
the nominating election, that candidate alone is nominated.
(3) If no more than two candidates to fill a vacancy in a
nonpartisan office or no more than two candidates for the office
of sheriff, county clerk or county treasurer file a nominating
petition or declaration of candidacy, the candidate or candidates
shall be nominated for the office. The name or names of the
nominated candidate or candidates may not be printed on the
ballot at the nominating election.
(4) The application of this section is subject to the
provisions of a home rule charter. + }
SECTION 4. ORS 254.483 is amended to read:
254.483. Immediately after 8 p.m. on the day of an election
{ - : - } { + , each county clerk shall provide for the
security of, and shall account for, unused ballots. + }
{ - (1) The county clerk shall destroy all unused absentee
and regular ballots in the county clerk's possession. - }
{ - (2) Each county shall provide for the security of, and
shall account for, unused ballots. - }
SECTION 5. ORS 254.103 is amended to read:
254.103. (1) { + Except as provided in subsection (2) of this
section, + } the governing body of a county shall file with the
county clerk each measure referred by the county governing
body { + , including the ballot title for each measure, + } not
later than the 61st day before the date of the election.
(2) If a measure to be submitted to the electors of a county at
an election held on the first Tuesday after the first Monday in
November was submitted on the election date in ORS 203.085 (1)
immediately preceding the first Tuesday after the first Monday in
November, the county governing body shall file the measure with
the county clerk not later than the 47th day before an election
held on the first Tuesday after the first Monday in November.
SECTION 6. ORS 255.069 is amended to read:
255.069. (1) Not later than the 115th day before a regular
district election, or not later than the 135th day before a
district election held on the date of a primary election or
general election, the elections officer shall deliver to each
district elections authority, by certified mail, a form for
updating information on members of district boards. The form
shall include, at a minimum, the district offices to be filled or
for which candidates are to be nominated or elected at the next
district election and information concerning the candidates.
(2) Not later than the 105th day before a regular district
election or not later than the 125th day before a district
election held on the date of a primary election or general
election, the district elections authority shall { + complete,
and + } return to the elections officer { + , + } the form for
updating information on members of district boards.
(3) The { - elections officer - } { + district elections
authority + } shall prepare the notice required by ORS 255.075 by
using the form completed by the district elections authority and
any other information available. { - If the form is not
returned by the district elections authority by the deadline
specified in subsection (2) of this section, the elections
officer - } { + The authority + } shall prepare the notice for
the district using the most current information available.
{ - If the form is returned by the district elections authority
after the deadline, the elections officer shall prepare a
corrected notice. - } The district { - shall be - }
{ + is + } liable for any additional costs incurred in preparing
and publishing a corrected notice.
(4) The elections officer shall retain the completed forms in a
file maintained for that purpose. All forms shall be kept for a
period of at least four years after the district election for
which the form was completed.
(5) If a district is located in more than one county, the
elections officer shall immediately certify the information
contained on the form required under subsection (2) of this
section to the county clerk of any other county in which the
district is located.
(6) The Secretary of State by rule shall establish the forms
and procedures the elections officer and the district elections
authority shall use in maintaining adequate records for
preparation of the form required under subsection (1) of this
section.
SECTION 7. ORS 255.075 is amended to read:
255.075. (1) When a district election is to be held for the
purpose of electing members of the district board, the
{ - elections officer - } { + district elections authority + }
shall publish a notice stating the date of the election, the
board positions to be voted upon and the latest date on which
candidates for election as board members may file petitions for
nomination or declarations of candidacy. The notice shall be
printed once in a newspaper of general circulation in the
district not later than the 40th day before the last day for
filing a petition for nomination or declaration of candidacy.
(2) In lieu of or in addition to publication of notice under
subsection (1) of this section, the { - elections officer - }
{ + district elections authority + } may give notice by mail to
each elector of the district. The notice shall have postage
prepaid and shall be considered given when mailed. The notice
shall be made not later than the 40th day before the last day for
filing a petition for nomination or declaration of candidacy.
Proof of mailing shall be by affidavit of the district elections
{ - officer who - } { + authority that + } mailed the notice.
The affidavit shall state the time and place the notice was
mailed.
(3) The Secretary of State by rule shall establish the
procedures that the { - elections officer - } { + district
elections authority + } shall follow in maintaining adequate
records for preparation of the notice required under subsection
(1) of this section.
SECTION 8. ORS 255.085 is amended to read:
255.085. { - (1) Not later than the 61st day before a
district election on a measure, the district elections authority
shall deliver to the elections officer a notice stating the date
of the election and a ballot title. The district elections
authority shall prepare the ballot title for a measure referred
by the authority with the assistance of the district attorney for
the county of the elections officer or an attorney employed by
the district elections authority. - }
{ + (1) Except as provided in subsection (2) of this section,
not later than the 61st day before the date of a district
election on a measure, the district elections authority shall
file with the elections officer the district measure to be voted
on, including the ballot title for the measure, and notice of the
date of the election. + }
(2) If a district submits a measure to the electors of the
district at an election held on the first Tuesday after the first
Monday in November and the district submitted a measure on the
election date in ORS 255.345 (1) immediately preceding the date
of an election held on the first Tuesday after the first Monday
in November, the district elections authority shall file the
measure for the election held on the first Tuesday after the
first Monday in November with the elections officer not later
than the 47th day before an election held on the first Tuesday
after the first Monday in November.
(3) A notice of election called to approve the issuance of
bonds shall include:
(a) The purpose for which the bonds are to be used;
(b) The amount and the term of the bonds;
(c) The kind of bonds proposed to be issued; and
(d) If the bond election is authorized by ORS 450.900, the
additional notice requirements in ORS 450.905.
(4)(a) In the case of a measure submitted by initiative or
referendum petition, the { - elections officer - } { +
district elections authority + } shall publish the notice { + of
election + } in the next available edition of a newspaper of
general circulation in the district after the deadline for filing
the notice.
(b) In the case of a measure referred by the district elections
authority, the { - elections officer - } { + authority + }
shall publish the notice of election in the next available
edition of a newspaper of general circulation in the district
after the notice of election is filed. The notice shall also
state that an elector may file a petition for review of the
ballot title not later than the date referred to in ORS 255.155.
If the circuit court certifies a different ballot title, the
{ - elections officer - } { + authority + } shall publish an
amended notice of election in the next available edition of the
newspaper referred to in this subsection after the new
{ + ballot + } title is certified to the { - elections
officer - } { + authority + }.
SECTION 9. ORS 255.135 is amended to read:
255.135. (1) Before circulating a petition to initiate or refer
a district measure, the petitioner shall file with the elections
officer a prospective petition. The elections 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 255.145 (1). If the circuit court has not
reviewed the ballot title under ORS 255.155, the cover of an
initiative petition shall contain the ballot title described in
ORS 255.145 (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 to be referred and the date it was adopted by the
district board.
(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
district.
(7) { - If - } { + Unless otherwise provided by a district
ordinance, + } the gathering of signatures { - exceeds the - }
{ + on a petition to initiate a district 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 elections officer a
statement that the initiative petition is still active; and - }
{ - (b) May submit to the 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 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) + } The elections officer
{ - shall - } { + may + } not accept for filing any petition
{ - which - } { + that + } has not met the provisions of
subsection (7) of this section.
{ + (9) A petition to initiate a district 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 10. ORS 255.145 is amended to read:
255.145. (1) When a prospective petition for a district measure
to be referred is filed with the elections officer, the officer
shall authorize the circulation of the petition containing the
title of the measure as enacted by the district elections
authority or, if there is no title, the title supplied by the
petitioner filing the prospective petition. The elections officer
immediately shall send two copies of the prospective petition to
the district attorney of the county in which the administrative
office of the district is located.
(2) Not later than the sixth business day after a prospective
petition for a district measure to be initiated is filed with the
elections officer, the officer shall send two copies of it to the
district attorney of the county in which the administrative
office of the district is located if the measure to be initiated
has been determined to be in compliance with section 1 (2)(d) and
(5), Article IV of the Oregon Constitution, as provided in ORS
255.140.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, the district attorney shall
provide a ballot title for the district measure to be initiated
or referred and return one copy of the prospective petition and
the ballot title to the elections officer. Unless the circuit
court certifies a different title, this ballot title shall be the
title printed on the ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) { - The elections officer, upon receiving - } { + Upon
filing + } a ballot title for a district measure to be referred
or initiated
{ - from the district attorney, - } { + with the elections
officer, the district elections authority + } shall publish in
the next available edition of a newspaper of general circulation
in the district a notice { - of receipt of - } { + that + }
the ballot title { + has been filed and + }
{ - including - } notice that an elector may file a petition
for review of the ballot title not later than the date referred
to in ORS 255.155.
SECTION 11. ORS 255.215 is amended to read:
255.215. In lieu of or in addition to publication of notice
under ORS 255.085, if it is expedient to do so the
{ - elections officer - } { + district elections authority + }
may give notice by mail to each elector of the district. The
notice shall have postage prepaid and shall be considered given
when mailed. Mailed notice of a district election under ORS
255.085 shall be made not later than three days after receipt of
the ballot title. Proof of mailing shall be by affidavit of the
{ - elections officer - } { + district elections
authority + }. The affidavit shall state the time and place the
notice was mailed.
SECTION 12. { + (1) When the district elections authority
refers a district measure to the people, a ballot title for the
measure shall be prepared by the authority with the assistance of
the district attorney for the county of the elections officer, or
an attorney employed by the authority, and filed with the
elections officer.
(2) The ballot title for a district measure referred to the
people by the district elections authority shall be prepared
under this section and submitted to the elections officer not
later than the date of the order calling the election on the
measure. + }
SECTION 13. 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 and any evidence relating to it may be filed
electronically. + } 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) 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,
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, political committees or petition 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.
(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. Except as provided
in ORS 260.234, 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 14. { + ORS 249.091 is repealed. + }
SECTION 15. { + (1)(a) Except as provided in paragraph (b) of
this subsection, the amendments to ORS 255.135 by section 9 of
this 2011 Act apply to petitions to initiate district measures
for which a prospective petition is filed before, on or after
January 1, 2012.
(b) The amendments to ORS 255.135 by section 9 of this 2011 Act
do not apply to petitions to initiate district measures for which
an election will be held on the measure on or before January 1,
2012.
(2) Section 12 of this 2011 Act and the amendments to ORS
255.069, 255.075, 255.085, 255.135, 255.145 and 255.215 by
sections 6 to 11 of this 2011 Act apply to measures to be voted
on at an election held on or after January 1, 2012. + }
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