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 1456
House Bill 2429
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Rules)
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.
Changes date of primary election from third Tuesday in May to
second Tuesday in June.
A BILL FOR AN ACT
Relating to the primary election; amending ORS 171.185, 203.085,
221.230, 248.007, 254.056, 255.335, 255.345 and 258.075.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 254.056 is amended to read:
254.056. (1) The general election shall be held on the first
Tuesday after the first Monday in November of each even-numbered
year. Except as provided in ORS 254.650, at the general election
officers of the state and subdivisions of the state, members of
Congress and electors of President and Vice President of the
United States as are to be elected in that year shall be elected.
(2) The primary election shall be held on the { - third
Tuesday in May - } { + second Tuesday in June + } of each
even-numbered year. At the primary election precinct
committeepersons shall be elected and major political party
candidates shall be nominated for offices to be filled at the
general election held in that year.
SECTION 2. ORS 248.007 is amended to read:
248.007. (1) Subject to ORS 248.005, a major political party
may organize and select delegates to national party conventions
in any manner.
(2) The provisions of ORS 248.012 to 248.315 do not apply to a
major political party if the party has notified the Secretary of
State as provided in subsection (5) of this section that the
party does not intend to be subject to the provisions of ORS
248.012 to 248.315. References to precinct committeepersons in
any provisions of ORS chapters 246 to 260 do not apply to a party
described in this subsection.
(3) ORS 248.012 to 248.315 apply only to a major political
party that has notified the Secretary of State as provided in
subsection (5) of this section that the political party intends
to be subject to the provisions of ORS 248.012 to 248.315.
References to precinct committeepersons in any provisions of ORS
chapters 246 to 260 shall apply to a party described in this
subsection. If a major political party fails to notify the
Secretary of State under this subsection, the party shall be
considered subject to the provisions of ORS 248.012 to 248.315.
(4) A major political party shall notify the Secretary of State
as provided in subsection (5) of this section if the party does
not intend to be subject to the provisions of ORS 248.012 to
248.315 except that the party intends to elect precinct
committeepersons. If a party notifies the Secretary of State
under this subsection, the party shall elect precinct
committeepersons only as provided in ORS 248.015 and shall elect
precinct committeepersons in the same manner in all precincts in
this state.
(5) Not later than the 274th day before the date of the primary
election, a major political party shall notify the Secretary of
State in writing whether or not the party intends to be subject
to the provisions of ORS 248.012 to 248.315 or whether the party
intends to elect precinct committeepersons under subsection (4)
of this section. If the major political party does not intend to
be subject to the provisions of ORS 248.012 to 248.315 or intends
to elect precinct committeepersons under subsection (4) of this
section, the party shall file with the Secretary of State, at the
same time notice is given under this subsection, a copy of its
organizational documents setting forth the manner in which its
officers and managing committees are selected or any other manner
in which it conducts its affairs.
(6) In each even-numbered year, a major political party shall
file with the Secretary of State a statement indicating that the
party is operating subject to ORS 248.012 to 248.315 or a copy of
current organizational documents setting forth the manner in
which its officers and managing committees are selected or any
other manner in which it conducts its affairs. Material described
in this subsection shall be filed on the 274th day before the
{ - third Tuesday in May - } { + second Tuesday in June + } of
each odd-numbered year.
(7) A major political party subject to the provisions of this
section shall nominate candidates of the major political party,
for other than political party office, at the primary election.
SECTION 3. ORS 255.335 is amended to read:
255.335. (1) The regular district election shall be held by
each district for the purpose of electing members of the district
board to succeed a member whose term expires the following June
30 and to elect members to fill any vacancy which then may exist.
The election shall be held in each such district in each
odd-numbered year on the { - third Tuesday in May - } { +
second Tuesday in June + }.
(2) A district shall not conduct more than one election of
board members in any year.
(3) The first regular district election in a district shall be
held on the regular district election date next following the
year in which the first members of the district board were
elected or appointed.
(4) The term of a board member elected at the regular district
election shall commence on the first day of July next following
the election and shall expire June 30 next following the regular
district election at which a successor is elected.
(5) Each district board shall hold a regular organizational
meeting following the regular district election and not later
than the last day of July of that year.
SECTION 4. ORS 255.345 is amended to read:
255.345. (1) Except as provided in subsection (2) of this
section, a special election called by a district elections
authority shall not be held on any date other than:
(a) The second Tuesday in March;
(b) The { - third Tuesday in May - } { + second Tuesday in
June + };
(c) The third Tuesday in September; or
(d) The first Tuesday after the first Monday in November.
(2) A special election may be held on a date other than that
provided in subsection (1) of this section, if the district
elections authority by resolution finds that an election sooner
than the next available election date is required on a measure to
finance repairs to property damaged by fire, vandalism or a
natural disaster.
(3) As used in this section, 'district elections authority '
means the body or officer authorized or required to call an
election for a public corporation formed under, and deriving its
powers solely from, the statutes of this state, but does not
include a city or county.
SECTION 5. ORS 258.075 is amended to read:
258.075. (1) Except as provided in subsection (4) of this
section, after the contest hearing, the circuit court shall
render a judgment affirming or setting aside the approval or
rejection of the measure.
(2) If the judgment sets aside the approval or rejection of a
measure, the circuit court shall direct the measure to be
resubmitted at a special election held on one of the dates
specified in this subsection, as set by the court. In setting the
election date, the court shall provide sufficient time for
adequate notice to be given. The special election may be held on
any of the following dates:
(a) The second Tuesday in March;
(b) The { - third Tuesday in May - } { + second Tuesday in
June + };
(c) The third Tuesday in September; or
(d) The first Tuesday after the first Monday in November.
(3) The county of the county clerk or the local elections
official who committed the error in the distribution of the
official ballots shall bear the cost of the special election.
(4) In a contest under ORS 258.016 (7), the court shall
determine whether the challenge to the determination of the
number of electors who were eligible on election day to
participate in the election on a measure conducted under section
11 (8), Article XI of the Oregon Constitution, is valid. In
making the determination, the court shall rely on the provisions
of ORS chapter 247 and shall receive testimony from the county
clerk regarding the clerk's administration of ORS chapter 247.
If, after a contest hearing, the court determines that the
challenge to the determination of the number of electors who were
eligible to participate is valid and that the change in the
number of electors eligible to participate is sufficient to
change the outcome of the election on the measure, the court
shall order the county clerk to make a new determination of the
number of eligible electors and to certify the results of the
election based on the new determination.
SECTION 6. ORS 171.185 is amended to read:
171.185. (1) Except as provided in subsection (2) of this
section, an election called by the Legislative Assembly shall be
held only on:
(a) The second Tuesday in March;
(b) The { - third Tuesday in May - } { + second Tuesday in
June + };
(c) The third Tuesday in September; or
(d) The first Tuesday after the first Monday in November.
(2) An election may be held on a date other than that provided
in subsection (1) of this section, if the Legislative Assembly by
resolution or Act finds that an election sooner than the next
available election date is required on a measure to finance
repairs to property damaged by fire, vandalism or a natural
disaster.
SECTION 7. ORS 203.085 is amended to read:
203.085. (1) Except as provided in subsection (2) of this
section, no election on a county measure or for a county office
shall be held on any date other than:
(a) The second Tuesday in March;
(b) The { - third Tuesday in May - } { + second Tuesday in
June + };
(c) The third Tuesday in September; or
(d) The first Tuesday after the first Monday in November.
(2) An emergency election may be held on a date other than
those provided in subsection (1) of this section, if the county
governing body by resolution finds that an emergency exists that
will require an election sooner than the next available election
date to avoid extraordinary hardship to the community. A
determination under this subsection as to whether an emergency
exists is within the sole discretion of the county governing
body.
(3) A county governing body, with adequate notice, shall hold a
public hearing, on a date other than a regularly scheduled
meeting, for the purpose of making findings substantiating the
fact that an emergency exists before scheduling an election on a
date other than those specified in subsection (1) of this
section.
(4) Notice of a county's intent to hold an emergency election
shall be filed with the county elections authority no later than
47 days preceding the desired election date. At the time the
notice of election is given to the county elections authority,
the county shall also file with the elections authority a
certified copy of the ballot title and a copy of the resolution
and findings adopted by the county governing body to authorize
the emergency election as required under subsection (3) of this
section.
SECTION 8. ORS 221.230 is amended to read:
221.230. (1) Except as provided in subsection (2) of this
section, no election on a city measure or for a city office shall
be held on any date other than:
(a) The second Tuesday in March;
(b) The { - third Tuesday in May - } { + second Tuesday in
June + };
(c) The third Tuesday in September; or
(d) The first Tuesday after the first Monday in November.
(2) An emergency election may be held on a date other than
those provided in subsection (1) of this section, if the city
governing body by resolution finds that an emergency exists that
will require an election sooner than the next available election
date to avoid extraordinary hardship to the community. A
determination under this subsection as to whether an emergency
exists is within the sole discretion of the city governing body.
(3) A city governing body, with adequate notice, shall hold a
public hearing, on a date other than a regularly scheduled
council meeting, for the purpose of making findings
substantiating the fact that an emergency exists before
scheduling an election on a date other than those specified in
subsection (1) of this section.
(4) Notice of a city's intent to hold an emergency election
shall be filed with the county elections authority no later than
47 days preceding the desired election date. At the time the
notice of election is given to the county elections authority,
the city shall also file with the elections authority a certified
copy of the ballot title and a copy of the resolution and
findings adopted by the city governing body to authorize the
emergency election as required under subsection (3) of this
section.
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