68th OREGON LEGISLATIVE ASSEMBLY--1995 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 1929
House Bill 2844
Sponsored by Representatives LOKAN, JOHNSTON, Senator KENNEMER;
Representatives BAUM, CLARNO, CORCORAN, FAHEY, GRISHAM,
JOHNSON, LEHMAN, LEWIS, MARKHAM, MILNE, NORRIS, PARKS, PIERCY,
PROZANSKI, QUTUB, RASMUSSEN, ROSS, STARR, STROBECK, UHERBELAU,
WELLS, WOOTEN, Senators CEASE, DUKES, LIM, SHANNON
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 biennial primary election for nominations for
offices other than President of United States to third Tuesday in
September in even-numbered years. Retains presidential primary
election in May. Shortens period for filing and conducting
election contests, recounts and actions for false campaign
statements following biennial primary election. Provides for
single September voters' pamphlet. Changes deadlines for filing
for nomination or election to office and for filing information
relating to candidates and measures with election officials.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
46.026, 171.068, 171.185, 180.020, 198.747, 198.765, 198.815,
199.508, 199.519, 203.035, 203.085, 203.230, 203.710, 221.040,
221.180, 221.230, 222.040, 222.250, 241.002, 244.050, 244.201,
246.179, 246.270, 246.310, 246.410, 246.560, 247.176, 247.203,
247.410, 247.435, 247.555, 247.940, 247.945, 248.006, 248.007,
248.008, 248.015, 248.017, 248.023, 248.029, 248.033, 248.045,
248.075, 248.315, 249.023, 249.037, 249.088, 249.160, 249.170,
249.180, 249.200, 249.205, 249.722, 249.830, 250.127, 250.131,
251.026, 251.065, 251.115, 251.165, 251.175, 251.185, 251.205,
251.215, 251.245, 251.255, 251.285, 253.030, 253.045, 253.540,
253.565, 254.016, 254.046, 254.056, 254.076, 254.085, 254.095,
254.103, 254.115, 254.125, 254.195, 254.205, 254.365, 254.370,
254.465, 254.545, 254.555, 254.565, 255.069, 255.085, 255.235,
255.265, 255.295, 255.345, 258.006, 258.036, 258.046, 258.055,
258.065, 258.075, 258.085, 258.161, 258.190, 260.044, 260.058,
260.063, 260.068, 260.073, 260.215, 260.532, 261.171, 261.190,
261.355, 261.360, 261.710, 267.208, 268.150, 268.710, 287.056,
293.655, 310.402, 316.102, 328.725, 333.510, 334.450, 334.725,
341.085, 358.375, 607.025 and 777.326 and sections 4, 7, 8, 9,
10, 11, 13 and 18, chapter 811, Oregon Laws 1993; and repealing
section 19, chapter 1, Oregon Laws 1995 (Measure No. 9).
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. 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 - }
{ + that + } are to be elected in that year shall be elected.
(2) The { + biennial + } primary election shall be held on the
third Tuesday in { - May - } { + September + } of each
even-numbered year { + , except as provided in this subsection.
In any even-numbered year when there are fewer than 49 days
between the third Tuesday in September and the date of the
general election, the biennial primary election shall be held on
the second Tuesday in September. + } At the { + biennial + }
primary election { + , + } precinct committeepersons shall be
elected and major political party candidates { + , other than
candidates for President of the United States, + } shall be
nominated for offices to be filled at the general election held
in that year.
{ + (3) The presidential primary election shall be held on
the third Tuesday in May of each year in which electors of the
President and Vice President are to be elected. At the
presidential primary election, electors may vote for candidates
for nomination for President of the United States. + }
SECTION 2. ORS 246.179 is amended to read:
246.179. (1) Notwithstanding ORS 246.250, the Secretary of
State shall reimburse each county clerk for necessary expenses of
an election described in subsection (2) of this section based on
a claim filed by the county clerk and approved by the Secretary
of State. The claim shall be made on a form designed by the
Secretary of State. The Secretary of State shall make the
reimbursement from funds made available to the Secretary of State
by the Emergency Board.
(2) The Secretary of State shall reimburse each county clerk
for necessary expenses of:
(a) A special primary election or a special election to fill a
vacancy in the election or office of United States Senator or
Representative in Congress held on a date other than the date of
the { + biennial primary election, presidential + } primary
{ + election + } or { + the + } general election; or
(b) A recall election involving the holder of a state office.
As used in this subsection, 'state office' has the meaning given
that term in ORS 249.002.
SECTION 3. ORS 246.270 is amended to read:
246.270. On the day of any { - general, special or - }
{ + biennial primary election, presidential + } primary
election { + , general election or special election + } held
throughout the county, the county clerk's office shall remain
open for business pertaining to the election while the polls are
open.
SECTION 4. ORS 246.310 is amended to read:
246.310. (1) Not later than the 30th day before the
{ + biennial + } primary election:
(a) The county clerk shall appoint persons to serve on election
boards. There shall be at least one election board for each
polling place. If the poll book of a precinct is divided into two
or more separate parts as provided in ORS 254.226, the county
clerk may appoint an election board for each separate part.
(b) The county clerk may appoint more than one election board
for any precinct in which 100 or more ballots were cast at the
last general election or in which there are more than 200
electors.
(2) The election board shall consist of a day board to issue
ballots and may include a counting board to count ballots. A day
board shall consist of three or more clerks. A counting board
shall consist of four or more clerks. No election board clerk
shall serve on the day board and the counting board at the same
time. The county clerk shall designate one clerk of each day
board and one clerk of each counting board as chairman.
(3) The county clerk shall appoint the election board clerks
for a term of two years. The county clerk may withdraw the
appointment of a clerk at any time. Clerks may be reappointed for
more than one term.
(4) Except as provided in this subsection, an election board
clerk shall be an elector of the county, shall be able to read,
write and speak English and shall not serve at a polling place in
an electoral district in which the election board clerk is a
candidate for any office, except precinct committeeperson, to be
voted on in that election. The clerks of a day board or a
counting board shall not all be members of the same political
party. The Secretary of State shall adopt by rule standards under
which county clerks may employ persons to serve as election board
clerks who are not electors of the county but who are residents
of the county and who are at least 16 years of age. A person who
is the spouse, child, son or daughter-in-law, parent, mother or
father-in-law, sibling, brother or sister-in-law, aunt, uncle,
niece, nephew, stepparent or stepchild of a candidate on the
ballot at an election shall not serve as election board clerk at
a polling place where the candidate may be voted on, unless the
candidate is a candidate for precinct committeeperson and is the
only such relative who is a candidate on the ballot in the same
election. The county clerk shall appoint board clerks who have
the necessary capacity and ability to carry out their functions
with sufficient skill and dispatch.
(5) In the event of a vacancy in the office of board clerk, the
county clerk shall appoint a qualified person to fill the
vacancy.
SECTION 5. ORS 246.410 is amended to read:
246.410. (1) Not later than January 31 { - before the primary
election - } { + of each even-numbered year, + } the county
clerk shall divide all precincts having more than 750 electors. A
precinct located in a single multiple dwelling may have more than
750 electors. The county clerk shall fix the boundaries of the
precincts and designate the precincts by numbers or names.
(2) The county clerk, not later than the 30th day before an
election, may create, combine or divide one or more precincts in
which voting machines or vote tally systems are used. The number
of electors to be included in a precinct shall not exceed 1,500.
(3) At any election other than a { + biennial primary
election, presidential + }primary { + election + } or general
election { + , + } the county clerk, not later than the 30th day
before the election, may combine two or more precincts for the
election. In combining precincts, the county clerk shall consider
the convenience of the elector. No combination of precincts shall
number more than 2,000 electors.
(4) Subject to the limitations of subsection (1) of this
section, at any time after { - the primary election - }
{ + June 1 of each even-numbered year + } and before the next
general election:
(a) The county clerk shall make such changes in the boundaries
of precincts as are necessary to reflect changes occurring during
such period in the corporate limits of any city with a population
of 2,000 or more.
(b) The county clerk shall make such other changes in the
boundaries of precincts as are necessary or convenient for voting
purposes.
SECTION 6. ORS 246.560 is amended to read:
246.560. (1) No voting machine shall be approved by the
Secretary of State unless it is constructed so that it:
(a) Secures to the elector secrecy of voting.
(b) Provides facilities for voting for the candidates of as
many political parties or organizations as may make nominations
and for or against as many measures as may be submitted.
(c) Permits the elector to vote for any person and as many
persons for an office and upon any measure for which the elector
has the right to vote.
(d) Permits the elector, except at { + biennial and
presidential + } primary elections, to vote for all the
candidates of one party or in part for the candidates of one
party and in part for the candidates of one or more other
parties.
(e) Correctly records on a separate ballot the votes cast by
each elector for any person and for or against any measure.
(f) Provides that a vote for more than one candidate cannot be
cast by one single operation of the voting machine or vote tally
system except for President and Vice President and electors for
those offices.
(g) Provides that straight party pointers shall be disconnected
from all candidate pointers.
(2) A vote tally system shall be:
(a) Capable of correctly counting votes on ballots on which the
proper number of votes have been marked or punched for any office
or measure that has been voted.
(b) Capable of ignoring the votes marked or punched for any
office or measure where more than the allowable number of votes
have been marked or punched, but shall correctly count the
properly voted portions of the ballot.
(c) Capable of accumulating a count of the specific number of
ballots tallied for a precinct, accumulating total votes by
candidate for each office, and accumulating total votes for and
against each measure of the ballots tallied for a precinct.
(d) Capable of tallying votes from ballots of different
political parties, from the same precinct, in a { + biennial or
presidential + } primary election.
(e) Capable of accommodating the procedure established under
ORS 254.155.
(f) Capable of automatically producing precinct totals in
either printed, marked, or punched form, or combinations thereof.
SECTION 7. ORS 247.176 is amended to read:
247.176. (1) During the period extending from the 250th day
before the { + biennial + } primary election to the date of the
{ + biennial + } primary election and the period extending from
the day after the { + biennial + } primary election to the
250th day before the next { + biennial + } primary election:
(a) Any person may request delivery from the Secretary of State
of not more than an aggregate total of 5,000 registration cards
prepared under ORS 247.171; and
(b) Upon receiving a request under this subsection, the
Secretary of State shall deliver to the person the number of
registration cards requested that does not exceed an aggregate
total of 5,000.
(2) The Secretary of State shall adopt rules describing when
the Secretary of State will honor requests for delivery of more
than 5,000 registration cards prepared under ORS 247.171.
SECTION 8. ORS 247.203 is amended to read:
247.203. An elector who updates a registration during the
period extending from the 45th day before a { + biennial or
presidential + } primary election to the date of the
{ + biennial or presidential + } primary election may not,
during that period:
(1) Change the elector's political party affiliation if the
elector's immediate past registration record shows the elector
was or is registered as affiliated with a political party.
(2) Terminate affiliation with a political party if the
elector's immediate past registration record shows the elector
was or is registered as affiliated with a political party.
(3) Adopt a political party affiliation if the elector's
immediate past registration shows that the elector was not or is
not registered as affiliated with a political party.
SECTION 9. ORS 247.410 is amended to read:
247.410. A person who is qualified to register, except that the
person will have resided in this state less than 20 days before
the election, may vote in the election for candidates for
nomination or election for President or Vice President of the
United States or elector of President and Vice President of the
United States if the person:
(1) Did not vote for the nomination of such candidates in
another state during the six months immediately preceding the
person's request for registration to vote for the nomination of
such candidates in the { + presidential + } primary election in
this state; or
(2) Did not vote for the election of such candidates in another
state during the six months immediately preceding the person's
request for registration to vote for the election of such
candidates in the general election in this state.
SECTION 10. ORS 247.435 is amended to read:
247.435. An elector of this state who moves to another state
after the 31st day before a { + presidential + } primary or
general election for President or for electors of President and
Vice President, and who does not qualify to vote in the state of
the elector's present residence, may vote for these offices in
the { + presidential + } primary or general election in this
state. If voting in person, the elector must obtain a certificate
of registration marked 'Presidential only.' If voting by absentee
ballot, the elector must apply for an absentee ballot that will
be marked ' Presidential only. '
SECTION 11. ORS 247.555 is amended to read:
247.555. (1) A county clerk may cancel the registration of an
elector:
(a) At the request of the elector;
(b) Upon the death of the elector;
(c) If the county clerk receives written evidence that the
elector has registered to vote in another county in this state or
in another state; or
(d) If the elector has not responded to a notice described in
ORS 247.563 and has not voted or updated a registration during
the period beginning on the date the notice is sent and ending on
the day after the date of the second { - regular - } general
election that occurs after the date the notice was sent.
(2) If the registration of an elector is canceled, the elector,
in order to vote in an election, must register as provided in
this chapter.
SECTION 12. ORS 247.940 is amended to read:
247.940. (1) Not later than the 21st day before any
{ + biennial primary election, presidential + } primary { +
election + }, general { + election + } or special congressional
election, a major political party qualified under ORS 248.006 or
its affiliate within the county or a minor political party
qualified under ORS 248.008 may request from the county clerk a
list of electors of the county. The list shall contain the name,
party affiliation, residence or mailing address and precinct name
or number of each elector and shall be arranged in groups by
election precinct. A major political party or its affiliate
within the county or a minor political party may make no more
than two separate requests under this subsection.
(2) If the county clerk receives a request under subsection (1)
of this section, the clerk shall deliver the list not later than:
(a) Ten days after receiving the request; or
(b) The date requested, provided that the date requested is
more than 10 days after the request was made and at least 10 days
before the date of any { + biennial primary election,
presidential + } primary { + election + }, general
{ + election + } or special congressional election.
(3) The county clerk shall not charge for preparation or
delivery of the list supplied under this section.
SECTION 13. ORS 247.945 is amended to read:
247.945. (1) The county clerk, upon request before the 45th day
before a { + biennial or presidential + } primary, general or
special election, shall deliver to any person a list of electors.
The lists shall be prepared in the manner requested, limited only
to the capabilities of the Secretary of State or the county
clerk.
(2) The county clerk shall collect and pay into the county
treasury a charge for the actual cost of supplying lists under
subsection (1) of this section.
(3) The county clerk shall keep a record of all persons to whom
a list of electors is delivered under this section.
SECTION 14. ORS 248.006 is amended to read:
248.006. (1) An affiliation of electors becomes a major
political party when:
(a) Its candidates for presidential elector polled at the last
general election at which candidates for President and Vice
President of the United States were listed on the ballot at least
15 percent of the total votes cast for presidential elector; or
(b) Its candidate for any state office to be voted upon in the
state at large for which nominations by political parties are
permitted by law polled at the last general election at which
such a candidate was listed on the ballot at least 15 percent of
the total votes cast for that office.
(2) After an affiliation of electors becomes a major political
party under subsection (1) of this section, a number of electors
equal to at least three percent of the number of electors
registered in this state must have registered as members of the
party not later than 50 months following the date of the election
at which an affiliation of electors became a major political
party under subsection (1) of this section. A major political
party satisfying the requirements of this subsection shall be
subject to the provisions of ORS 248.007 on the date the
registration requirements are satisfied.
(3) The number of electors described in subsection (2) of this
section shall be calculated based on the number of electors
registered in this state and eligible to vote, as reported on the
official abstracts of the election, at the election at which the
affiliation of electors became a major political party under
subsection (1) of this section.
(4) During the period beginning on the date an affiliation of
electors became a major political party under subsection (1) of
this section and ending on the date that the requirements of
subsection (2) of this section are satisfied, the party shall not
be subject to the provisions of ORS 248.007 and 248.012 to
248.315 and may not nominate candidates at the { + biennial + }
primary election. If the requirements of subsection (2) of this
section are satisfied after the 275th day before the
{ + biennial + } primary election, the major political party
shall be subject to the provisions of ORS 248.007 after the date
of the { + biennial + } primary election. The major political
party shall nominate candidates in the manner provided by law for
minor political parties.
(5) After an affiliation of electors becomes a major political
party under subsection (1) of this section and satisfies the
requirements of subsection (2) of this section, in order to
maintain status as a major political party subject to ORS
248.007, a candidate or candidates of the party must poll a
number of votes described in subsection (1) of this section at
the general election immediately following the deadline specified
in subsection (2) of this section. If the 15 percent requirement
is satisfied, the party shall again be subject to subsections (2)
to (4) of this section, except that:
(a) The registration deadline shall be not later than 50 months
following the date of the general election at which the 15
percent requirement is again satisfied;
(b) The number of electors required to register as members of
the party shall be calculated based on the number of electors
registered in this state and eligible to vote, as reported on the
official abstracts of the election, at the general election at
which the 15 percent requirement is again satisfied; and
(c) Subsection (4) of this section applies beginning on the
date of the election at which the 15 percent requirement is again
satisfied.
(6) An affiliation of electors ceases to be a major political
party if:
(a) The registration requirements of subsection (2) of this
section are not satisfied by the deadline specified in subsection
(2) of this section. The affiliation of electors ceases to be a
major political party on the date of the deadline; or
(b) The registration requirements of subsection (2) of this
section are satisfied by the deadline specified in subsection (2)
of this section and:
(A) A candidate or candidates of the major political party do
not satisfy the 15 percent requirement described in subsection
(1) of this section at the next general election following the
deadline specified in subsection (2) of this section. The
affiliation of electors ceases to be a major political party on
the date of the election; or
(B) Following the deadline specified in subsection (2) of this
section, the major political party fails to maintain a number of
electors registered as party members equal to three percent of
the number of electors registered in this state and eligible to
vote, according to the official abstracts of the election, at the
last election at which the affiliation of electors qualified or
maintained status as a major political party. The affiliation of
electors ceases to be a major political party on the date the
Secretary of State determines that the registration requirement
is not satisfied.
(7) Where a major political party has not satisfied the
registration requirement of subsection (2) of this section for
the first time following the election at which the affiliation of
electors qualified or maintained status as a major political
party, the Secretary of State shall determine not less than once
each month whether at least three percent of the number of
eligible electors registered in this state are registered as
members of the party. After the deadline specified in subsection
(2) of this section, the Secretary of State shall determine on
the 274th day before the { + biennial + } primary election
whether a major political party that has satisfied the
registration requirement of subsection (2) of this section has
maintained a sufficient number of electors registered as members
of the party.
SECTION 15. 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 { +
biennial + } 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 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 { + biennial + }
primary election.
SECTION 16. ORS 248.008 is amended to read:
248.008. (1) An affiliation of electors becomes a minor
political party in the state, a county or other electoral
district, qualified to make nominations for public office in that
electoral district and in any other electoral district wholly
contained within the electoral district, when either of the
following events occurs:
(a) When the affiliation of electors has filed with the
Secretary of State a petition with the signatures of at least a
number of electors equal to one and one-half percent of the total
votes cast in the electoral district for all candidates for
Governor at the most recent election at which a candidate for
Governor was elected to a full term. The petition also shall
state the intention to form a new political party and give the
designation of it. The filed petition shall contain only original
signatures. The petition shall be filed not later than two years
following the date the prospective petition is filed. Each
signature sheet shall be verified on its face by the signed
statement of the circulator that the individuals signed the sheet
in the presence of the circulator and that the circulator
believes each individual is an elector registered in the
electoral district. The Secretary of State shall verify whether
the petition contains the required number of signatures of
electors. The petition shall not be accepted for filing if it
contains less than 100 percent of the required number of
signatures. The Secretary of State by rule shall designate a
statistical sampling technique to verify whether a petition
contains the required number of signatures of electors. A
petition shall 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. The
Secretary of State may employ professional assistance to
determine the sampling technique. The statistical sampling
technique may be the same as that adopted under ORS 250.105.
Before circulating the petition, the chief sponsor of the
petition shall file with the Secretary of State a signed copy of
the prospective petition. The chief sponsor 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 petition. After the
prospective petition is filed, the chief sponsor shall notify the
filing officer not later than the 10th day after the chief
sponsor 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.
(b) When the affiliation of electors has polled for any one of
its candidates for any public office in the electoral district at
least one percent of the total votes cast in the electoral
district for all candidates for any single state office to be
voted upon in the state at large for which nominations by
political parties are permitted by law at the most recent
election at which a candidate for the office was elected to a
full term.
(2) After an affiliation of electors becomes a minor political
party under subsection (1) of this section, the minor political
party may nominate candidates at the next general election if at
any time during the period beginning on the { - date of the
next primary election - } { + following third Tuesday in May of
an even-numbered year + } and ending on the 90th day before the
next general election, a number of electors equal to at least .05
percent of the number of electors registered in the state or
electoral district are registered as members of the party.
(3) The number of electors described in subsection (2) of this
section shall be calculated based on the number of electors
registered in this state and eligible to vote, as reported on the
official abstracts of the election, at the election at which the
affiliation of electors satisfied the one percent requirement
specified in subsection (1)(b) of this section.
(4) A filing officer shall not accept a certificate of
nomination of a candidate nominated by a minor political party
unless the minor political party has satisfied the requirements
of subsection (2) of this section.
(5) After an affiliation of electors becomes a minor political
party under subsection (1) of this section and satisfies the
requirements of subsection (2) of this section, in order to
maintain status as a minor political party, a candidate or
candidates of the party must poll a number of votes described in
subsection (1)(b) of this section at the general election
immediately following the deadline specified in subsection (2) of
this section. If the one percent requirement is satisfied, the
party shall again be subject to subsections (2) to (4) of this
section, except that:
(a) The period referred to in subsection (2) of this section
ends on the 90th day before the general election next following
the date of the general election at which the one percent
requirement is again satisfied;
(b) The number of electors required to register as members of
the party shall be calculated based on the number of electors
registered in this state and eligible to vote, as reported on the
official abstracts of the election, at the general election at
which the one percent requirement is again satisfied; and
(c) Subsection (4) of this section applies beginning on the
date of the election at which the one percent requirement is
again satisfied.
(6) An affiliation of electors ceases to be a minor political
party in the state or electoral district if:
(a) The registration requirements of subsection (2) of this
section are not satisfied by the applicable deadline specified in
this section. The affiliation of electors ceases to be a minor
political party on the date of the deadline; or
(b) The registration requirements of subsection (2) of this
section are satisfied by the deadline specified in subsection (2)
of this section and a candidate or candidates of the minor
political party do not satisfy the one percent requirement
specified in subsection (1)(b) of this section at the next
general election following the applicable deadline specified in
this section. The affiliation of electors ceases to be a minor
political party on the date of the election.
(7) During the period beginning on the { - date of the
primary election - } { + third Tuesday in May of an
even-numbered year + } and ending on the 90th day before the date
of the general election, the Secretary of State shall determine
not less than once each month whether at least .05 percent of the
number of eligible electors registered in the state or electoral
district are registered as members of the party. The number of
electors registered in the state or electoral district shall be
determined from the most recent county elector registration
statistics developed on or before the date the determination is
made.
SECTION 17. ORS 248.015 is amended to read:
248.015. (1) A precinct committeeperson shall be a
representative of the major political party in the precinct. At
the { + biennial + } primary election a major political party
shall elect from its members a committeeperson of each sex for
every 500 electors, or major fraction thereof, who are registered
in the precinct on January 31 of the year of the
{ + biennial + } primary election. In any event the political
party members of a precinct shall be entitled to elect not less
than one committeeperson of each sex in the precinct. No person
shall hold office as committeeperson in more than one precinct.
(2) A member of a major political party may become a candidate
for precinct committeeperson of the precinct in which the person
is registered, or of a precinct within the same county adjoining
that precinct, by filing a declaration of candidacy described in
ORS 249.031, except as provided in subsection (3) of this
section.
(3) ORS 249.031 (1)(i) shall not apply to declarations of
candidacy for candidates for precinct committeeperson.
(4) A member of the major political party who has been a member
of that party for 180 days before the { + biennial + } primary
election may be elected by write-in votes as precinct
committeeperson of the precinct in which the member is
registered, or of a precinct within the same county adjoining
that precinct.
(5) Unless a qualified person receives at least three votes, no
person shall be deemed to have been elected as precinct
committeeperson and the office of committeeperson shall be
vacant.
(6) The term of office of a precinct committeeperson is from
the 24th day after the date of the { + biennial + } primary
election until the 24th day after the date of the next following
{ + biennial + } primary election.
(7) A precinct committeeperson shall not be considered a public
officer.
SECTION 18. ORS 248.017 is amended to read:
248.017. Notwithstanding any provision of ORS 248.015, an
otherwise qualified person who will attain the age of 18 years
after the deadline for filing a declaration of candidacy for the
office of precinct committeeperson and on or before the date of
the { + biennial + } primary election, and who is registered as
a member of the major political party not later than the date of
the { + biennial + } primary election, is eligible to file a
nominating petition for the office of precinct committeeperson,
to be listed on the ballot and to be elected to the office,
including by write-in votes.
SECTION 19. ORS 248.023 is amended to read:
248.023. (1) Not later than the 17th day after a
{ + biennial + } primary election, the county clerk shall mail a
certificate of election to each newly elected precinct
committeeperson within the county. The clerk also shall mail an
'Acceptance of Office' form to each person elected by write-in
votes to the office of committeeperson. The form shall include a
statement to be signed by the person elected that the person is
qualified to hold the office.
(2) A person elected by write-in votes to the office of
precinct committeeperson shall be certified for the office by
filing with the county clerk, not later than the 24th day after
the date of the { + biennial + } primary election, a signed
'Acceptance of Office' form.
(3) Not later than the 28th day after a { + biennial + }
primary election, the county clerk shall prepare, maintain and
furnish to the chairmen of the respective retiring county central
committees within the county and the chairmen of the state
central committees, a list of the party precinct committeepersons
elected and certified. At the same time the county clerk shall
declare the other offices of committeeperson vacant.
SECTION 20. ORS 248.029 is amended to read:
248.029. (1) Except as provided in this section, the provisions
for recall of a public officer under ORS 249.002 to 249.015 and
249.865 to 249.877, apply to a recall election of a precinct
committeeperson.
(2) A precinct committeeperson may be recalled by a petition
signed by the number of party members equal to not less than 25
percent of the number of party members who voted in the precinct
as it existed at the preceding { + biennial + } primary
election. The petitioners shall state in not more than 200 words
on the recall petition the reasons for the recall. If the
committeeperson resigns, the resignation shall take effect on the
date of the resignation. If the committeeperson does not resign
before the fifth day after the petition is filed with the county
clerk, a special election shall be ordered by the county clerk to
be held not later than the 25th day after the petition is filed
to determine whether the committeeperson will be recalled. The
recall election shall be held in the precinct as it existed when
the committeeperson was elected. On the ballot shall be printed
the reasons for the recall stated in the recall petition, and, in
not more than 200 words, the committeeperson's justification of
the committeeperson's actions in office. The committeeperson
shall continue to perform duties of the office until the result
of the special election is declared.
(3) The cost of the election shall be paid by the county
central committee of the party of the committeeperson.
SECTION 21. ORS 248.033 is amended to read:
248.033. (1) The organizational meeting of a newly elected
county central committee shall be held not sooner than the sixth
day following the mailing of the notice of the organizational
meeting required by subsection (2) of this section and not later
than the 50th day after the date of the { + biennial + } primary
election or the 50th day after the date of the general election,
as provided by state party rule. The retiring county central
committee shall prepare a written notice designating the time,
date and place of the meeting. A copy of the notice for each
newly elected precinct committeeperson shall be filed with the
county clerk not later than the 10th day following the
{ + biennial + } primary election. The retiring county central
committee also shall mail a copy of the notice to the retiring
state central committee.
(2) The county clerk shall mail a copy of the notice of the
organizational meeting to each newly elected precinct
committeeperson when the county clerk mails the certificate of
election or acceptance of office required by ORS 248.023 (1).
(3) If the organizational meeting is held after the general
election, the chairman of the retiring county central committee
shall mail a second copy of the notice of the time, date and
place of the meeting, not later than the 10th day before the
meeting, to each member of the newly elected county central
committee.
SECTION 22. ORS 248.045 is amended to read:
248.045. Proxies in no instance shall be permitted to
participate at any county central committee meeting. At any
meeting of the county central committee, the committee may:
(1) Adopt, amend or repeal bylaws or rules for the government
of the political party in the county.
(2) By the adoption of bylaws or of a resolution, select an
executive committee and authorize the executive committee to
exercise those powers delegated to it by the central committee
including, but not limited to, the power to fill a vacancy in the
office of committeeperson pursuant to ORS 248.026. In no event
may the central committee delegate, or the executive committee
exercise, the power to elect a person to, or fill a vacancy in a
committee office. The persons selected as the executive committee
need not be members of the county central committee.
(3) Except as provided by ORS 248.035 (3), grant participation
and voting privileges to a:
(a) Person who holds a public office or an office of a
political party.
(b) Person who has been nominated for a public office at the
preceding { + biennial + } primary election.
(c) Member of the executive committee of the county central
committee.
SECTION 23. ORS 248.075 is amended to read:
248.075. (1) The state central committee shall consist of at
least two delegates from each county central committee and other
delegates from each county equal to the number of party members
in the county registered on the date of the { + biennial + }
primary election divided by 15,000. If the remaining number
exceeds 7,500, one additional delegate shall represent the
county. Such delegates and an equal number of alternate delegates
shall be selected by the county central committee. When a
delegate of a county central committee is unable to attend a
meeting of the state central committee, an alternate delegate of
the county central committee may attend the meeting.
(2) The organizational meeting of a newly elected state central
committee shall be held not earlier than the 55th day and not
later than the 75th day after the { - primary election or the
75th day after the - } date of the general election, as
determined by party rule. The time, date and place of the state
organizational meeting shall be designated by the chairman of the
retiring state central committee who also shall mail notice of
the meeting, not later than the sixth day before the meeting, to
each member of the newly elected state central committee.
(3) { - If the state organizational meeting is held after the
general election, - } The chairman of the retiring state central
committee shall mail a notice of the meeting to the county
central committees not later than the 45th day before the
meeting. The state central committee may not reorganize without
the mailing of this notification.
(4) If a county central committee fails to organize before the
organizational meeting of the state central committee, the
appointed temporary chairman of the county central committee may
act as the sole delegate from that committee to the state central
committee.
(5) If the chairman of the retiring state central committee
fails to call the organizational meeting of the newly elected
state central committee as prescribed by subsection (2) of this
section, the vice chairman of the retiring state central
committee, not later than the 20th day after { - , - } the
latest date allowed by party rule under subsection (2) of this
section, shall designate the time, date and place of an
organizational meeting and give notice of it not later than the
sixth day before the meeting. If neither the chairman nor vice
chairman calls an organizational meeting, the meeting may be
called by a petition signed by at least 19 chairmen of the county
central committees. The petition shall state the time, date and
place of the organizational meeting. A copy of the petition shall
be mailed to each newly elected chairman and vice chairman of the
county central committees not later than the sixth day before the
meeting. A copy of the petition shall be filed with the Secretary
of State.
SECTION 24. ORS 248.315 is amended to read:
248.315. (1) After a presidential { - preference - } primary
election, each major political party whose national affiliate
holds a convention to select its nominee for President of the
United States shall select delegates to the national convention
of that party.
(2) Delegates to the national convention of a party shall be
selected in the manner provided by party rules, which shall
provide all electors registered as members of the party equal
opportunity to participate in the selection of delegates.
(3) Delegates to the national convention of the party shall be
selected so that the number of delegates who favor a certain
candidate shall represent the proportion of votes received by the
candidate in relation to the other candidates of that party at
the presidential { - preference - } primary election. Each
person selected as a delegate shall sign a pledge that the person
will continue to support at the national convention the candidate
for President of the United States the person is selected as
favoring until:
(a) The candidate is nominated at the convention;
(b) The candidate receives less than 35 percent of the votes
for nomination at the convention;
(c) The candidate releases the delegate from the pledge; or
(d) Two convention nominating ballots have been taken.
SECTION 25. ORS 249.023 is amended to read:
249.023. Notwithstanding any provision of this chapter, and
except as provided in section 8, Article IV, Oregon Constitution,
and section 2, Article V, Oregon Constitution, an otherwise
qualified person who will attain the age of 18 years after the
deadline for filing a nominating petition or declaration of
candidacy for nomination to any major political party office and
on or before the date of the { + biennial + } primary election,
and who is registered as a member of the major political party
not later than the date of the { + biennial + } primary
election, is eligible to file a nominating petition for
nomination to any major political party office, to be listed on
the ballot and to be nominated for the office, including by
write-in votes.
SECTION 26. ORS 249.037 is amended to read:
249.037. A nominating petition or declaration of candidacy
shall be filed not sooner than the 250th day and not later than
the { - 70th - } { + 85th + } day before the date of the
{ + biennial + } primary election.
SECTION 27. ORS 249.088 is amended to read:
249.088. (1) At the nominating election held on the date of the
{ + biennial + } primary election, two candidates shall be
nominated for the nonpartisan office. However, when a candidate,
other than a candidate for sheriff 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 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.
SECTION 28. ORS 249.160 is amended to read:
249.160. (1) No person shall file a nominating petition or
declaration of candidacy for more than one lucrative office
before the date of { - the - } { + a biennial or
presidential + } primary election unless the person first files a
written withdrawal, under ORS 249.170, of the person's initial
filing.
(2) If at any time before the date of { - the - } { + a
biennial or presidential + } primary election it is determined
that a person has filed two or more nominating petitions or
declarations of candidacy for any lucrative office without
written withdrawal or withdrawals intervening, all such filings
shall be invalid and any other filing made by the same person
shall be void.
SECTION 29. ORS 249.170 is amended to read:
249.170. (1) A candidate who has filed a declaration of
candidacy or a nominating petition may withdraw not later than
the
{ - 67th - } { + 82nd + } day before the date of the
{ + biennial + } primary election by filing a statement of
withdrawal with the filing officer with whom the declaration or
petition was filed. The statement shall be made under oath and
state the reasons for withdrawal.
(2) The official with whom a declaration of candidacy is filed,
upon request received not later than the { - 67th - }
{ + 82nd + } day before the date of the { + biennial + }
primary election, shall refund the filing fee of a candidate who
dies, withdraws or becomes ineligible for the nomination.
SECTION 30. ORS 249.180 is amended to read:
249.180. Any person who has been nominated at a
{ - nominating or - } { + biennial + } primary election, or
any person who has been nominated to fill a vacancy as provided
in ORS 188.120 or 249.190 and 249.200, may withdraw from
nomination by filing a written statement declining the nomination
and stating the reason for withdrawal. The statement shall be
signed by the candidate before a judge, justice of the peace,
county clerk or notary public, and filed not later than the
{ - 67th day before the general - } { + sixth day after the
biennial primary + } election with the officer with whom the
candidate's declaration of candidacy or nominating petition was
filed.
SECTION 31. ORS 249.200 is amended to read:
249.200. (1) A major political party may nominate a candidate
to fill a vacancy in a partisan elective office in the following
manner:
(a) If the vacancy occurs on or before the { - 70th - }
{ + 85th + } day before a { + biennial + } primary election, by
selecting a nominee at the next { + biennial + } primary
election; or
(b) If the vacancy occurs after the { - 70th - }
{ + 85th + } day before the { + biennial + } primary election
but before the { - 20th - } { + 61st + } day before the
general election, by selecting a nominee as provided by party
rule.
(2) The procedure under subsection (1) of this section shall
not apply in any case in which one of the following specific
procedures for filling a vacancy applies:
(a) The procedure specified in ORS 188.120 for the offices of
Representative in Congress and United States Senator.
(b) The appointment procedure specified in ORS 171.051 to
171.064 for state legislative office.
(c) The procedure specified in ORS chapter 236 for county
office.
(d) The procedure specified in ORS chapter 221 for city office.
(3) A party that selects a nominee under subsection (1)(b) of
this section, immediately after the nomination, shall notify the
filing officer with whom a declaration of candidacy for the
office is filed of the name of the nominee by the most
expeditious means practicable.
(4) The Secretary of State by rule may adopt a schedule
specifying the period following a vacancy within which a major
political party that selects a nominee under subsection (1)(b) of
this section must notify the filing officer of the name of the
nominee under subsection (3) of this section.
SECTION 32. ORS 249.205 is amended to read:
249.205. If the only candidate nominated to a nonpartisan
office dies, withdraws or becomes ineligible, or if a vacancy
occurs in the nonpartisan office after the { - 70th - }
{ + 85th + } day before the nominating election and on or before
the { - 20th - } { + 62nd + } day before the general
election, a candidate for the office shall be nominated by
nominating petition in the manner provided for nonpartisan
office. The Secretary of State by rule may adopt a schedule for
filing nominating petitions under this section. The schedule may
specify the period within which nominating petitions must be
filed after a vacancy occurs.
SECTION 33. ORS 249.722 is amended to read:
249.722. (1) Except as provided in { - subsection - } { +
subsections + } (3) { + and (4) + } of this section, a
certificate of nomination of a candidate for public office shall
be filed not sooner than the
{ - 15th day after the date of the primary election - }
{ + 165th day + } and not later than the { - 70th - } { +
85th + } day before the date of the
{ - general - } { + biennial primary + } election.
(2) A certificate of nomination of a candidate for:
(a) State office, United States Senator or Representative in
Congress shall be filed with the Secretary of State.
(b) County office shall be filed with the county clerk.
(c) City office shall be filed with the chief city elections
officer.
{ + (3) A certificate of nomination of a candidate for
elector of President and Vice President of the United States
shall be filed not sooner than the 15th day after the date of the
presidential primary election and not later than the 85th day
before the date of the general election. + }
{ - (3) - } { + (4) + } For a special election, including
an election to fill a vacancy which occurs after the
{ - 70th - } { + 85th + } day before the
{ - general - } { + biennial primary + } election, the
Secretary of State by rule may adopt a schedule specifying the
period within which a certificate of nomination must be filed. If
the Secretary of State does not adopt a rule under this
subsection, a certificate of nomination must be filed before the
{ - 20th - } { + 61st + } day preceding the election.
SECTION 34. ORS 249.830 is amended to read:
249.830. Any person who has been nominated and has accepted the
nomination under ORS 249.712 may withdraw from nomination not
later than the { - 67th - } { + 82nd + } day before the
{ - general - } { + biennial primary + } election by filing
with the officer with whom the certificate of nomination was
filed a written statement declining the nomination and stating
the reason for withdrawal. The statement shall be signed and
acknowledged by the candidate before a notary public. The
withdrawal may be sent to the Secretary of State through a county
clerk, as provided by ORS 249.850.
SECTION 35. ORS 250.127 is amended to read:
250.127. (1) { - Not later than the 99th day before a special
election held on the date of a primary election or any general
election at which any state measure is to be submitted to the
people - } { + For a state measure to be submitted to the
people at the biennial primary election or general election + },
the officials named in ORS 250.125 shall prepare and file with
the Secretary of State { - , - } estimates as described in ORS
250.125 { + not later than the 70th day before the biennial
primary election + }.
(2) Not sooner than the { - 98th - } { + 70th + } nor later
than the { - 95th - } { + 68th + } day before the
{ + biennial primary + } election, the Secretary of State shall
hold a hearing in Salem upon reasonable statewide notice to
receive suggested changes to the estimates or other information.
At the hearing any person may submit suggested changes or other
information orally or in writing. Written suggestions or other
information also may be submitted at any time before the hearing.
(3) The officials named in ORS 250.125 shall consider
suggestions and any other information submitted under subsection
(2) of this section, and may file revised estimates with the
Secretary of State not later than the { - 90th - }
{ + 65th + } day before the { + biennial primary + } election.
(4) Except as provided in subsection (5) of this section, the
original estimates and any revised estimates shall be approved by
at least three of the officials named in ORS 250.125. If an
official does not concur, the estimates shall show only that the
official dissents. The Secretary of State shall certify final
estimates not later than the { - 90th - } { + 63rd + } day
before the { + biennial primary + } election { - at which the
measure is to be voted upon - } . All estimates prepared under
ORS 250.125 and this section shall be made available to the
public.
(5) If two or more of the officials named in ORS 250.125 do not
approve the estimates, the Secretary of State alone shall
prepare, file and certify the estimates not later than the
{ - 88th - } { + 62nd + } day before the { + biennial
primary + } election { - at which the measure is to be voted
upon with the data upon which it is based - } .
(6) The support or opposition of any official named in ORS
250.125 to the original or revised estimates shall be indicated
in the minutes of any meeting of the officials. Meetings of the
officials shall be open to the public. Designees of the officials
named in ORS 250.125 may attend any meetings of the officials in
the place of the officials, but the designees may not vote to
approve or oppose any estimates.
(7) A failure to prepare, file or certify estimates under ORS
250.125, this section or ORS 250.131 shall not prevent the
inclusion of the measure in the voters' pamphlet or placement of
the measure on the ballot.
SECTION 36. Section 13, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 13. + } (1) { - Not later than the 99th day before
a special election held on the date of a primary election or any
general election at which any state measure is to be submitted to
the people - } { + For a state measure to be submitted to the
people at the biennial primary election or general election, not
later than the 70th day before the biennial primary election + },
the officials named in ORS 250.125 shall prepare and file with
the Secretary of State estimates as described in ORS 250.125. The
officials named in ORS 250.125 may begin preparation of the
estimates described in ORS 250.125 on the date that a petition is
accepted for verification of signatures under ORS 250.105 or the
date that a measure referred by the Legislative Assembly is filed
with the Secretary of State, whichever is applicable.
(2) Not sooner than the { - 98th - } { + 70th + } nor later
than the { - 95th - } { + 68th + } day before the
{ + biennial primary + } election, the Secretary of State shall
hold a hearing in Salem upon reasonable statewide notice to
receive suggested changes to the estimates or other information.
At the hearing any person may submit suggested changes or other
information orally or in writing. Written suggestions or other
information also may be submitted at any time before the hearing.
(3) The officials named in ORS 250.125 shall consider
suggestions and any other information submitted under subsection
(2) of this section, and may file revised estimates with the
Secretary of State not later than the { - 90th - }
{ + 65th + } day before the { + biennial primary + } election.
(4) Except as provided in subsection (5) of this section, the
original estimates and any revised estimates shall be approved by
at least three of the officials named in ORS 250.125. If an
official does not concur, the estimates shall show only that the
official dissents. The Secretary of State shall certify final
estimates not later than the { - 90th - } { + 63rd + } day
before the { + biennial primary + } election { - at which the
measure is to be voted upon - } . All estimates prepared under
ORS 250.125 and this section shall be made available to the
public.
(5) If two or more of the officials named in ORS 250.125 do not
approve the estimates, the Secretary of State alone shall
prepare, file and certify the estimates not later than the
{ - 88th - } { + 62nd + } day before the { + biennial
primary + } election { - at which the measure is to be voted
upon - } with the data upon which it is based.
(6) The support or opposition of any official named in ORS
250.125 to the original or revised estimates shall be indicated
in the minutes of any meeting of the officials. Meetings of the
officials shall be open to the public. Designees of the officials
named in ORS 250.125 may attend any meetings of the officials in
the place of the officials, but the designees may not vote to
approve or oppose any estimates.
(7) A failure to prepare, file or certify estimates under ORS
250.125, this section or ORS 250.131 shall not prevent the
inclusion of the measure in the voters' pamphlet or placement of
the measure on the ballot. If the estimates are not delivered to
the county clerk by the 61st day before the { + biennial
primary + } election, the county clerk may proceed with the
printing of ballots.
SECTION 37. ORS 250.131 is amended to read:
250.131. (1) Any person alleging that an estimate required
under ORS 250.125 was prepared, filed or certified in violation
of the procedures specified in ORS 250.125 or 250.127 may
petition the Supreme Court seeking that the required procedures
be followed and stating the reasons the estimate filed with the
court does not satisfy the required procedures. No petition shall
be allowed concerning the amount of the estimate or regarding
whether an estimate should be prepared.
(2) If the petition is filed not later than the { - 85th day
before the election at which the measure is to be voted upon - }
{ + fifth day after the Secretary of State certifies the final
estimates + }, the court shall review the procedures under which
the estimate was prepared, filed and certified, hear arguments
and determine whether the procedures required under ORS 250.125
and 250.127 were satisfied. The review by the Supreme Court shall
be conducted expeditiously to insure the orderly and timely
conduct of the election at which the measure is to be submitted
to the electors.
(3) If the court determines that the procedures described in
ORS 250.125 and 250.127 were not satisfied, the court shall order
the preparation of a second estimate, to be prepared, filed and
certified as provided in ORS 250.125 and 250.127 except that:
(a) The officials named in ORS 250.125 shall prepare and file
with the Secretary of State an estimate not later than two days
following the decision of the court;
(b) A hearing shall be held within two days after the estimate
is filed; and
(c) An estimate shall be certified not later than seven days
after the decision of the court. The procedures under which the
second estimate is filed and certified may not be appealed.
SECTION 38. Section 18, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 18. + } (1) Any person alleging that an estimate
required under ORS 250.125 was prepared, filed or certified in
violation of the procedures specified in ORS 250.125 or section
13 { + , chapter 811, Oregon Laws 1993, + } { - of this Act - }
may petition the Supreme Court seeking that the required
procedures be followed and stating the reasons the estimate filed
with the court does not satisfy the required procedures. No
petition shall be allowed concerning the amount of the estimate
or regarding whether an estimate should be prepared.
(2) If the petition is filed not later than the { - 85th day
before the election at which the measure is to be voted upon - }
{ + fifth day after the Secretary of State certifies the final
estimates + }, the court shall review the procedures under which
the estimate was prepared, filed and certified, hear arguments
and determine whether the procedures required under ORS 250.125
and section 13 { + , chapter 811, Oregon Laws 1993, + } { - of
this Act - } were satisfied. The review by the Supreme Court
shall be conducted expeditiously to insure the orderly and timely
conduct of the election at which the measure is to be submitted
to the electors.
(3) If the court determines that the procedures described in
ORS 250.125 and section 13 { + , chapter 811, Oregon Laws
1993, + } { - of this Act - } were not satisfied, the court
shall order the preparation of a second estimate, to be prepared,
filed and certified as provided in ORS 250.125 and section
13 { + , chapter 811, Oregon Laws 1993, + } { - of this Act - }
except that:
(a) The officials named in ORS 250.125 shall prepare and file
with the Secretary of State an estimate not later than two days
following the decision of the court;
(b) A hearing shall be held within two days after the estimate
is filed; and
(c) An estimate shall be certified not later than seven days
after the decision of the court. The procedures under which the
second estimate is filed and certified may not be appealed.
SECTION 39. ORS 251.026 is amended to read:
251.026. (1) { + The Secretary of State shall prepare and have
printed one September voters' pamphlet for the biennial primary
elections and general elections. + } The Secretary of State shall
prepare and have printed in the { - state - }
{ + September + } voters' pamphlet a statement containing the
following information:
(a) Requirements for a citizen to qualify as an elector.
(b) When an elector is required to register or update a
registration.
(c) How an elector may obtain an absentee ballot.
(d) How an elector may obtain a certificate of registration.
(e) { - In the voters' pamphlet for the primary election, - }
A statement of the duties and responsibilities of a precinct
committeeperson to be elected at the primary election.
(2) The Secretary of State shall include a statement on the
cover of the voters' pamphlet that the pamphlet may be used to
assist electors at the polls.
(3) The Secretary of State may include in the voters' pamphlet
the following information:
(a) Maps showing the boundaries of senatorial and
representative districts.
(b) Voter registration forms.
(c) Elector instructions, including the right of an elector to
request a second ballot if the first ballot is spoiled, the right
of an elector to take into the voting booth a sample ballot
marked in advance and the right of an elector to seek assistance
of the election board clerks or someone of the elector's own
choosing in marking the ballot.
SECTION 40. ORS 251.065 is amended to read:
251.065. (1) Not later than the { - 68th - } { + 85th + }
day before the { + biennial + } primary election { - and the
70th day before the general election - } , any candidate
{ - for nomination or election at the next primary or general
election to the office of President or Vice President of the
United States, United States Senator, Representative in Congress,
any state office other than justice of the peace, county, any
city or legislative office, or an elected office of a
metropolitan service district organized under ORS chapter 268 - }
{ + described in this subsection + }, or an agent on behalf of
the candidate, may file with the Secretary of State a portrait of
the candidate and a typewritten statement of the reasons the
candidate should be nominated or elected. { + This subsection
applies to the following candidates:
(a) Any candidate for nomination at the biennial primary
election to the office of United States Senator, Representative
in Congress, state Senator, state Representative or any state
office other than justice of the peace, any county or city office
or any elected office of a metropolitan service district
organized under ORS chapter 268; and
(b) Any independent or minor political party candidate for
election at the next general election to a partisan office listed
in paragraph (a) of this subsection and any candidate at the next
general election to the office of President or Vice President of
the United States. + }
(2) The Secretary of State by rule shall establish the format
and length of the statement permitted under this section.
SECTION 41. Section 4, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 4. + } (1) Not later than the { - 68th - }
{ + 85th + } day before the { + biennial + } primary election
{ - and the 70th day before the general election - } , any
candidate { + described in this subsection, + } or agent on
behalf of the candidate { + , may file with the Secretary of
State a portrait of the candidate and a typewritten statement of
the reasons the candidate should be nominated or elected. This
subsection applies to the following candidates + } { - for
nomination or election at the next primary or general election
to - } :
(a) { + Any candidate for nomination at the biennial primary
election to + } the office of United States Senator,
Representative in Congress or any state office as defined in ORS
249.002 { - may file with the Secretary of State a portrait of
the candidate and a typewritten statement of the reasons the
candidate should be nominated or elected - } .
(b) { + Any candidate for election at the next general
election to + } the office of President or Vice President of the
United States
{ - may file with the Secretary of State a portrait of the
candidate and a typewritten statement of the reasons the
candidate should be nominated or elected. At any primary
election, a portrait and statement shall be printed for each
candidate for nomination to the office of President of the United
States. At the general election, portraits and statements of
candidates for election to the office of President and Vice
President of the United States shall be printed - } .
(2) Subject to subsection (1) of this section, the Secretary of
State by rule shall establish the format of the statement
permitted under this section.
SECTION 42. ORS 251.115 is amended to read:
251.115. (1) Not later than the { - 70th - } { + 85th + }
day before the
{ - general - } { + biennial primary + } election, the party
officers as designated in the organizational documents of any
statewide political party or assembly of electors { - having
nominated - } { + seeking to nominate + } candidates { + at
the biennial primary election or to elect candidates at the
general election + } 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 statewide basis
and opposing the principles and candidates of other political
parties or organizations on a statewide basis.
(2) Not later than the { - 70th - } { + 85th + } day before
the { - general - } { + biennial primary + } 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) The political party or assembly of electors shall be
allowed 119.2 square inches of space in the voters' pamphlet for
a statement filed under subsection (1) of this section, and shall
pay to the Secretary of State when filing the statement $100 per
29.8 square inches. The political party or assembly of electors
shall be allowed 59.6 square inches of space for a statement
filed under subsection (2) of this section, and shall pay to the
Secretary of State when filing the statement $100 per 29.8 square
inches. The space is allotted to a political party or an assembly
of electors only in increments of 29.8 square inches.
SECTION 43. Section 7, chapter 811, Oregon Laws 1993, as
amended by section 7a, chapter 811, Oregon Laws 1993, is amended
to read:
{ + Sec. 7. + } (1) Not later than the { - 70th - }
{ + 85th + } day before the
{ - general - } { + biennial primary + }election, the party
officers as designated in the organizational documents of any
statewide political party or assembly of electors { - having
nominated - } { + seeking to nominate + } candidates { + at
the biennial primary election or to elect candidates at the
general election + } 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 statewide basis
and opposing the principles and candidates of other political
parties or organizations on a statewide basis.
(2) Not later than the { - 70th - } { + 85th + } day before
the { - general - } { + biennial primary + } 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) The size of the statements permitted under this section
shall not exceed 60 square inches for any statewide political
party or assembly of electors { - having nominated - }
{ + seeking to nominate + } candidates { + at the biennial
primary election or to elect candidates at the general
election + } and 30 square inches for any less than statewide
political party or assembly of electors having nominated
candidates. A fee set under this subsection shall be $600 for any
statewide political party or assembly of electors
{ - having nominated - } { + seeking to nominate + }
candidates { + at the biennial primary election or to elect
candidates at the general election + } and $300 for any less than
statewide political party or assembly of electors having
nominated candidates.
SECTION 44. ORS 251.165 is amended to read:
251.165. (1) The Secretary of State shall prepare and deliver
to the State Printer:
(a) A list of the names of candidates for nomination or
election at the next { + biennial + } primary { + election + }
or general election to the offices of President or Vice President
of the United States, United States Senator, Representative in
Congress { - , - } and any state office other than justice of
the peace, along with a designation of the offices for which the
candidates are competing;
(b) All portraits and statements filed under ORS 251.065 and
251.115; and
(c) The information specified in ORS 251.185 relating to
measures to be voted upon at the election for which the pamphlet
is prepared.
(2) The items specified in subsection (1) of this section shall
be properly compiled, edited, prepared and indexed for printing
by the Secretary of State before delivery to the printer.
(3) The voters' pamphlet shall be prepared so that material
relating to measures appears first, material of candidates for
partisan offices appears next, and material of candidates for
nonpartisan offices appears last. { - In the primary election
pamphlet, all candidates of one major political party shall be
grouped separately from all candidates of another major political
party. The order in which the groups of candidates for the major
political parties appear shall be alternated for successive
primary elections. - } If the pamphlet is printed on pages of
8-1/2 inches by 11 inches, material relating to candidates for
different offices shall not appear on the same page of the
pamphlet. When material of a candidate for the same office
appears on a succeeding page, a statement shall be placed in the
top margin of the pamphlet page indicating that material of
additional candidates for the same office continues on the next
page.
(4) The State Printer shall print and bind in pamphlet form the
items delivered under subsection (1) of this section, and shall
make as many copies of the voters' pamphlet as the Secretary of
State estimates will be necessary. The State Printer shall
complete delivery of the voters' pamphlets to the Secretary of
State not later than the 20th day before the { + biennial + }
primary { - or general - } election for which the pamphlet has
been prepared.
SECTION 45. Section 8, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 8. + } (1) The Secretary of State shall prepare:
(a) A list of the names of candidates for nomination or
election at the next { + biennial + } primary { + election + }
or general election to the offices of President or Vice President
of the United States, United States Senator, Representative in
Congress and any state office other than justice of the peace,
along with a designation of the offices for which the candidates
are competing;
(b) All portraits and statements filed under sections 4 and
7 { + , chapter 811, Oregon Laws 1993 + } { - of this Act - } ;
and
(c) The information specified in section 9 { + , chapter 811,
Oregon Laws 1993, + } { - of this Act - } relating to measures
to be voted upon at the election for which the pamphlet is
prepared.
(2) The items specified in subsection (1) of this section shall
be properly compiled, edited, prepared and indexed for printing
by the Secretary of State before delivery to the printer.
(3) The voters' pamphlets shall be printed and delivered to the
Secretary of State not later than the 20th day before the { +
biennial primary election or other + }election for which the
pamphlet has been prepared.
SECTION 46. ORS 251.175 is amended to read:
251.175. Not later than the 15th day before a { + biennial + }
primary { - , general - } { + election + } or special election
for which a voters' pamphlet has been prepared, the Secretary of
State shall cause the voters' pamphlet to be mailed to each
post-office mailing address in Oregon, and shall use any
additional means of distribution necessary to make the pamphlet
available to electors.
SECTION 47. ORS 251.185 is amended to read:
251.185. The Secretary of State shall have printed in the { +
September + } voters' pamphlet { - for a general or special
election - } a copy of the title and text of each state measure
to be submitted to the people at the election { + or
elections + } for which the pamphlet was prepared. Each measure
shall be printed in the pamphlet with the number, ballot title
and the financial estimates under ORS 250.125 to be printed on
the official ballot, and with the explanatory statement and
arguments relating to it. The Secretary of State also shall have
printed in the { + September + } voters' pamphlet any county
measure or measure of a metropolitan service district organized
under ORS chapter 268, and ballot title, explanatory statement
and arguments relating to the measure, filed by the county or
metropolitan service district under ORS 251.285.
SECTION 48. Section 9, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 9. + } The Secretary of State shall have printed in
the { + September + } voters' pamphlet { - for a general
election or special election held on the date of any primary
election - } a copy of the title and text of each state measure
to be submitted to the people at the election { + or
elections + } for which the pamphlet was prepared. Each measure
shall be printed in the pamphlet with the number, ballot title
and the financial estimates under ORS 250.125, if any, to be
printed on the official ballot, and with the explanatory
statement and arguments relating to it.
SECTION 49. ORS 251.205 is amended to read:
251.205. (1) Not later than the { - 120th - } { + 70th + }
day before { - a special election held on the date of a primary
election or any general election at which a state measure is to
be submitted to the people - } { + the biennial primary
election + }, a committee of five citizens shall be selected for
each measure { + to be submitted at the biennial primary
election or the general election + } to prepare the explanatory
statement under ORS 251.215. The proponents of the measure shall
appoint two members to the committee and notify the Secretary of
State of the selections. The Secretary of State shall appoint two
members of the committee from among the opponents, if any, of the
measure. Those four shall select the fifth member and notify the
Secretary of State of the selection. If the four members have not
selected the fifth member by the { - 110th - } { + 68th + }
day before the election, the fifth member shall be appointed by
the Secretary of State. A vacancy shall be filled by the person
who made the original appointment.
(2) As used in this section, 'proponents' means:
(a) With respect to any state measure initiated or referred by
petition, the chief petitioners; or
(b) With respect to a measure referred by the Legislative
Assembly, the President of the Senate, who shall appoint a
Senator, and the Speaker of the House, who shall appoint a
Representative.
(3) With respect to a measure referred by the Legislative
Assembly, a Senator or Representative appointed under subsection
(1) of this section may disclose whether the Senator or
Representative supports or opposes the state measure. The
Secretary of State shall print the disclosure in the voters'
pamphlet following the explanatory statement.
SECTION 50. ORS 251.215 is amended to read:
251.215. (1) Not later than the { - 99th - } { + 60th + }
day before { - a special election held on the date of a primary
election or any general election at which any state measure is to
be submitted to the people - } { + the date of the biennial
primary election + }, the committee appointed under ORS 251.205
shall prepare and file with the Secretary of State { - , - } an
impartial, simple and understandable statement explaining the
measure. The statement shall not exceed 500 words.
(2) Not sooner than the { - 98th - } { + 59th + } nor later
than the { - 95th - } { + 55th + } day before the
{ + biennial primary + } election, the Secretary of State shall
hold a hearing in Salem upon reasonable statewide notice to
receive suggested changes or other information relating to any
explanatory statement. At the hearing any person may submit
suggested changes or other information orally or in writing.
Written suggestions or other information also may be submitted at
any time before the hearing.
(3) The committee for each measure shall consider suggestions
and any other information submitted under subsection (2) of this
section, and may file a revised statement with the Secretary of
State not later than the { - 90th - } { + 50th + } day before
the { + biennial primary + }election.
(4) The original statement and any revised statement must be
approved by at least three members of the committee. If a member
does not concur, the statement shall show only that the member
dissents.
SECTION 51. ORS 251.245 is amended to read:
251.245. For any measure referred to the electors by the
Legislative Assembly { + , + } the Secretary of State shall set
aside 29.8 square inches in the voters' pamphlet in which an
argument in support of the measure may be printed. A joint
committee consisting of one Senator, to be appointed by the
President of the Senate, and two Representatives, to be appointed
by the Speaker of the House of Representatives, shall be
appointed to prepare the argument. The committee shall file the
argument with the Secretary of State not later than the
{ - 110th - } { + 70th + } day before { - an election held
on the date of the primary or general - } { + the biennial
primary + } election.
SECTION 52. Section 10, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 10. + } For any measure referred to the electors by
the Legislative Assembly, an argument in support of the measure
may be printed in the voters' pamphlet. The Secretary of State by
rule shall establish the size and length of the argument
permitted under this section. The size shall be the same as for
an argument submitted under section 11 { + , chapter 811, Oregon
Laws 1993 + } { - of this Act - } . A joint committee
consisting of one Senator, to be appointed by the President of
the Senate, and two Representatives, to be appointed by the
Speaker of the House of Representatives, shall be appointed to
prepare the argument. The committee shall file the argument with
the Secretary of State not later than the 70th day before { - a
general election or the 68th day before a special election held
on the date of any - } { + the biennial + } primary election.
There shall be no fee for including an argument submitted under
this section in the voters' pamphlet.
SECTION 53. ORS 251.255 is amended to read:
251.255. { - 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 statewide measure is to
be voted upon - } { + For a statewide measure to be voted upon
at the biennial primary election or at the general election + },
any person may file with the Secretary of State a typewritten
argument supporting or opposing the measure. { + The argument
shall be filed not later than the 70th day before the date of the
biennial primary election. + } The argument shall be printed on
29.8 square inches of the voters' pamphlet if the argument is
accompanied by either a payment of $300 or a petition in a form
prescribed by the Secretary of State containing the signatures of
1,000 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.
SECTION 54. Section 11, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 11. + } (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 statewide measure
is to be voted upon - } { + For a statewide measure to be voted
upon at the biennial primary election or at the general
election + }, any person may file with the Secretary of State a
typewritten argument supporting or opposing the measure. { + The
argument shall be filed no later than the 70th day before the
date of the biennial primary election. + }
(2) A person filing an argument under this section shall pay a
fee of $500 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 2,500 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 of
arguments permitted under section 10 { + , chapter 811, Oregon
Laws 1993, + } { - of this Act - } and this section. The size
of an argument shall not exceed 30 square inches or 325 words.
The size shall be the same as for an argument submitted under
section 10 { + , chapter 811, Oregon Laws 1993 + } { - of this
Act - } .
SECTION 55. ORS 251.285 is amended to read:
251.285. (1) The Secretary of State shall have printed in the
{ + September + } voters' pamphlet { - prepared for a general
or special election - } 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, if the requirements of this section are
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 to be printed on
29.8 square inches of 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
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 - } { + biennial + } 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 56. ORS 253.030 is amended to read:
253.030. (1) Before an election any elector may apply to the
clerk for the absentee ballot of the election.
(2) An application for an absentee ballot must:
(a) Be in writing and signed by the applicant; and
(b) Be received by the clerk not later than 8 p.m. the day of
the election.
(3) If an applicant not affiliated with any political party
desires to vote in any major { + political + } party
{ + biennial or presidential + } primary election, the applicant
may request and shall be sent a ballot for a major political
party if that political party has provided under ORS 254.365 for
a { + biennial or presidential + } primary election that admits
electors not affiliated with any political party.
(4) Application for an absentee ballot may be made by using a
facsimile machine. As used in this subsection, 'facsimile
machine' means a machine that electronically transmits or
receives facsimiles of documents through connection with a
telephone network.
(5) If an elector is frail or disabled, the elector's
application shall be valid for every subsequent election until
the elector otherwise notifies the clerk or is no longer an
elector of the county. For purposes of this subsection, an
elector is ' frail' if the elector has a condition or disease
that makes the use of walking as a means of transportation
impossible or impractical.
SECTION 57. ORS 253.045 is amended to read:
253.045. (1) The clerk shall print as many absentee ballots as
may be necessary as soon as possible after receiving the
information concerning candidates and measures to be voted on at
an election, but not later than { + :
(a) The 40th day before a general election; or
(b) + }The 45th day before { - the - } { + any other + }
election.
(2) The initials of the clerk may be placed on each ballot stub
to identify it as an absentee ballot. The ballot stubs of each
set of ballot forms containing the same information may be
numbered consecutively. The clerk shall be responsible for the
safekeeping and disposition of the ballots, and shall destroy all
unused ballots as soon as practicable after the closing of the
polls on election day.
SECTION 58. ORS 253.540 is amended to read:
253.540. (1) Any long term absent elector may secure an
absentee ballot by submitting an application as specified in
subsection (2) of this section to the clerk of the county of the
long term absent elector's residence, or to the Secretary of
State. If the application is addressed to the Secretary of State,
the secretary shall forward it to the appropriate county clerk.
(2) An application for an absentee ballot by a long term absent
elector shall be made in the form of a written request. The
application shall be valid for every subsequent election until
the elector otherwise notifies the clerk or is no longer an
elector of the county. The application shall be signed by the
applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A statement that the applicant is a citizen of the United
States;
(c) A statement that the applicant will be 18 years of age or
older on the date of the election;
(d) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
(e) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
(f) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested absentee ballot; and
(g) If the applicant desires to vote in a { + biennial or
presidential + } primary election, a designation of the
applicant's political party affiliation or a statement that the
applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a
ballot for a major political party. The applicant shall be sent
the ballot for the political party that the applicant requested
if that political party has provided under ORS 254.365 for a
{ + biennial or presidential + } primary election that admits
electors not affiliated with any political party.
SECTION 59. ORS 253.565 is amended to read:
253.565. (1) Any long term absent elector may secure a special
absentee ballot for a { + biennial primary election,
presidential + } primary { + election + } or general election by
making an application under this section if the elector believes
that:
(a) The elector will be residing, stationed or working outside
the territorial limits of the United States and the District of
Columbia; and
(b) The elector will be unable to vote and return a regular
absentee ballot by normal mail delivery within the period
provided for regular absentee ballots.
(2) A long term absent elector shall make the application for a
special absentee ballot in the form of a written request. The
elector shall submit the application before the date of the
applicable election to the clerk of the county of the long term
absent elector's residence or to the Secretary of State. If the
application is addressed to the Secretary of State, the secretary
shall forward it to the appropriate county clerk. The application
shall be signed by the applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A designation of the election for which the applicant
requests a special absentee ballot;
(c) A statement that the applicant is a citizen of the United
States;
(d) A statement that the applicant will be 18 years of age or
older on the date of the election;
(e) A statement that for more than 20 days preceding the
election the applicant's home residence has been in this state,
and giving the address of the last home residence;
(f) A statement of the facts that qualify the applicant as a
long term absent elector or as the spouse or a dependent of a
long term absent elector;
(g) A statement of the facts that qualify the applicant to vote
by means of a special absentee ballot;
(h) A statement that the applicant is not requesting a ballot
from any other state and is not voting in any other manner in the
election except by the requested special absentee ballot; and
(i) If the applicant requests a ballot for a { + biennial or
presidential + } primary election, a designation of the
applicant's political party affiliation or a statement that the
applicant is not affiliated with any political party. An
applicant not affiliated with any political party may request a
ballot for a major political party. The applicant shall be sent
the ballot for the political party that the applicant requested
if that political party has provided under ORS 254.365 for a
{ + biennial or presidential + } primary election that admits
electors not affiliated with any political party.
(3) An application for a special absentee ballot shall be valid
only for the election specified in the application.
(4) The county clerk shall list on the special absentee ballot
the offices and measures scheduled to appear on the regular
ballot, if known when the ballot is prepared, and provide space
in which the elector may write in the elector's preference.
(5) The elector may write in the name of any eligible candidate
for each office to be filled or for which nominations will be
made at the election, and may vote on any measure submitted at
the election.
SECTION 60. ORS 254.016 is amended to read:
254.016. Any { + biennial primary election, presidential + }
primary { + election + }, general { + election + } or special
election held in this state shall be conducted under the
provisions of this chapter, unless specifically provided
otherwise in the statute laws of this state.
SECTION 61. ORS 254.046 is amended to read:
254.046. If a city holds a special election on a date other
than the { + biennial primary election, presidential + } primary
{ + election + } or general election, it shall bear the expense
of the election.
SECTION 62. ORS 254.076 is amended to read:
254.076. The chief elections officer shall keep a register of
candidates for nomination at the { + biennial or
presidential + } primary election. The register, if applicable,
shall contain for each major political party:
(1) The title of each office for which the major political
party will nominate candidates at the { + biennial or
presidential + } primary election.
(2) The name and residence mailing address of each candidate
for nomination at the { + biennial or presidential + } primary
election.
(3) The name of the major political party with which the
candidate is registered as affiliated.
(4) The date of filing of the prospective petition for
nomination of the candidate.
(5) The date of filing of the completed petition for nomination
of the candidate, the number of valid signatures contained and
the number of signatures required.
(6) The date of filing of the declaration of candidacy of the
candidate.
(7) Such other information as may aid the chief elections
officer in arranging the official ballot or ballot label for the
{ + biennial or presidential + } primary election.
SECTION 63. ORS 254.085 is amended to read:
254.085. (1) The Secretary of State, not later than the 61st
day before the date of { - a primary or general - } { + a
biennial primary + } election, { + and not later than the 40th
day before the date of a general election, + } shall file with
each county clerk a statement of the state and congressional
district offices to be filled or for which candidates are to be
nominated in the county at the election { - , - } { + and + }
information concerning all candidates for the offices { + . + }
{ - , and - }
{ + (2) The Secretary of State, not later than the 61st day
before the date of a biennial primary election, presidential
primary election or general election, shall prepare and furnish
to each county clerk a certified statement of + } the state
measures to be voted on.
{ - (2) - } { + (3) + } The information concerning
candidates for the Supreme Court, Court of Appeals, Oregon Tax
Court, circuit court and district court shall include a
designation of incumbent for each candidate who is the regularly
elected or appointed judge of the court to which the candidate
seeks election. If a candidate was regularly elected or appointed
to a specific position or department on the court, the candidate
shall be designated as the incumbent only if the person is a
candidate for that position or department.
{ - (3) - } { + (4) + } Included with each state measure
shall be the measure number, the ballot title prepared by the
Attorney General under ORS 250.065 (3) or, if the Supreme Court
has reviewed the title under ORS 250.085, the title certified by
the court and the financial estimates under ORS 250.125. The
Secretary of State shall keep a copy of the statement.
SECTION 64. ORS 254.095 is amended to read:
254.095. (1) The chief elections officer of any city shall file
with the county clerk of the county in which the city hall of the
city is located, a statement of the city offices to be filled or
for which candidates are to be nominated at the election and
information concerning all candidates for the offices not later
than { + :
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 61st day before the date of { - the - } { + any
other + } election.
(2) Except as provided in subsection (3) of this section, the
chief elections officer of any city shall file with the county
clerk of the county in which the city hall is located { - , - }
a statement of the city measures to be voted on, including the
ballot title for each measure, not later than { + :
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 61st day before the date of { - the - } { + any
other + } election.
(3) If a measure to be submitted to the electors of a city at
an election held on the third Tuesday in May or the first Tuesday
after the first Monday in November was submitted on the election
date in ORS 221.230 (1) immediately preceding the third Tuesday
in May or the first Tuesday after the first Monday in November,
the chief elections officer of the city shall file the statement
required for that measure in subsection (2) of this section
{ - on - } { + not later than:
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 47th day before an election held on the third
Tuesday in May or { + any other election held on + } the first
Tuesday after the first Monday in November.
(4) The chief elections officer of the city shall keep a copy
of each statement filed under this section.
(5) If a city is located in more than one county, the county
clerk under subsection (1) of this section shall immediately file
the statement and information required under subsection (1) of
this section with the county clerk of any other county in which
the city is located.
SECTION 65. ORS 254.103 is amended to read:
254.103. (1) The governing body of a county shall file with the
county clerk each measure referred by the county governing body
not later than:
{ + (a) The 40th day before an election held on the date of
the general election; or
(b) + } The 61st day before the date of { - the - } { + any
other + } election.
(2) If a measure to be submitted to the electors of a county at
an election held on the third Tuesday in May or the first Tuesday
after the first Monday in November was submitted on the election
date in ORS 203.085 (1) immediately preceding the third Tuesday
in May or the first Tuesday after the first Monday in November,
the county governing body shall file the measure with the county
clerk not later than { + :
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 47th day before an election held on the third
Tuesday in May or { + any other election held on + } the first
Tuesday after the first Monday in November.
SECTION 66. ORS 254.115 is amended to read:
254.115. (1) The official { + biennial or presidential + }
primary election ballot or ballot label shall be styled 'Official
Primary Nominating Ballot for the ___ Party.' and shall state:
(a) The number or name of the precinct and county for which it
is intended.
(b) The date of the { + biennial or presidential + } primary
election.
(c) The names of all candidates for nomination at the { +
biennial or presidential + } primary election whose nominating
petitions or declarations of candidacy have been made and filed,
and who have not died, withdrawn or become disqualified.
(d) The names of candidates for election as precinct
committeeperson.
(e) The names of candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078.
(2) The { + biennial or presidential + } primary election
ballot may include any city, county or nonpartisan office or the
number, ballot title and financial estimates under ORS 250.125 of
any measure.
(3) The ballot shall not contain the name of any person other
than those referred to in subsections (1) and (2) of this
section. The name of each candidate for whom a nominating
petition or declaration of candidacy has been filed shall be
printed on the ballot in but one place. In the event that two or
more candidates for the same nomination or office have the same
or similar surnames, the location of their places of residence
shall be printed opposite their names to distinguish one from
another.
SECTION 67. ORS 254.125 is amended to read:
254.125. (1) The names of candidates for a nonpartisan office
at a nominating election held on the date of the
{ + biennial + } primary election shall be listed without
political party designation on a nominating ballot or ballot
label under the title, and department or position number if any,
of the office.
(2) At the { + biennial + } primary { - and - }
{ + election or + } general election:
(a) The names of candidates who are opposed for nomination or
election to the Supreme Court, Court of Appeals, Oregon Tax
Court, circuit court and district court shall be printed on the
ballot before the names of candidates for those offices who are
unopposed; and
(b) The word 'incumbent' shall follow the name of each
candidate for the Supreme Court, Court of Appeals, Oregon Tax
Court, circuit court or district court who is designated the
incumbent by the Secretary of State under ORS 254.085.
SECTION 68. ORS 254.195 is amended to read:
254.195. (1) Official ballots and ballot labels shall be
printed in black ink upon good quality material. The
{ + biennial or presidential + } primary election ballots or
ballot labels shall be of different colors for the major
political parties.
(2) Sample ballots shall be prepared for the information of the
elector. The sample ballot shall contain the offices, candidates,
measures and other information on the ballots or ballot labels of
the precincts for which the sample ballot is issued. The sample
ballot need not contain the office of, or candidates for,
precinct committeeperson. The sample ballots shall be identified
as such, and printed on cheaper, colored paper to distinguish
them from official ballots. A sample ballot shall not be voted or
counted.
(3) The governing body of a city, county or district may mail
sample ballots to all electors within the city, county or
district to assist the electors' preparation for voting.
SECTION 69. ORS 254.205 is amended to read:
254.205. (1) Except as provided in subsection (2) of this
section:
(a) The county clerk shall publish a facsimile, except as to
size, of the ballot for the election not later than the fourth
day nor before the 15th day before an election. For the
{ + biennial or presidential + } primary election, a facsimile
of the sample ballot of each major political party shall be
published.
(b) The facsimile shall be published in at least one issue of
one newspaper in each county with a population of less than
10,000, or in each county in which no more than one newspaper is
published. The facsimile shall be published in at least one issue
of two newspapers in each county with a population of 10,000 or
more in which more than one newspaper is published. The county
governing body, at the first regular meeting each year, shall
select the newspaper or newspapers of general circulation in the
county in which the facsimile shall be published and shall notify
the county clerk of the selection.
(c) If the county governing body determines that publication of
the facsimile in the newspaper or newspapers selected under
paragraph (b) of this subsection does not give sufficient notice
of the election, it may select additional newspapers in which the
facsimile shall be published at least once. The selection shall
be made at the same time, but need not be made in the same manner
as provided in paragraph (b) of this subsection. The county
governing body shall notify the county clerk of the additional
selection.
(d) The facsimile shall be published at the current published
local display advertising rate.
(e) The facsimile shall not be published in any newspaper
unless it agrees that no paid political advertisement shall be
placed on the same page as the facsimile or on the page facing
the facsimile. If a newspaper selected under paragraph (b) or (c)
of this subsection does not so agree, the county governing body
shall select another newspaper in the county with as nearly as
possible the same qualifications for the publication of the
facsimile.
(2) In lieu of the procedure described in subsection (1) of
this section, the county clerk of a county that produces a county
voters' pamphlet may publish the facsimile of the sample ballot
by distributing the facsimile to each post office mailing address
within the electoral district for which the election is being
held. As used in this subsection, 'electoral district' means a
county, city or district.
SECTION 70. ORS 254.365 is amended to read:
254.365. (1) No elector shall be qualified or permitted to vote
at any { + biennial or presidential + } primary election, and it
shall be unlawful for the elector to offer to do so, unless:
(a) The elector is registered as being affiliated with one of
the major political parties nominating or electing its candidates
for public office at the { + biennial or presidential + }
primary election; or
(b) The elector is registered as not being affiliated with any
political party and wishes to vote in the { + biennial or
presidential + } primary election of a major political party that
has provided under subsection (3) of this section for a
{ + biennial or presidential + } primary election that admits
electors not affiliated with any political party.
(2) Any elector offering to vote at the { + biennial or
presidential + } primary election shall be given a ballot of the
major political party with which the elector is registered as
being affiliated. The elector shall not be given a ballot of any
other political party at that { + biennial or presidential + }
primary election. An elector not affiliated with any political
party and offering to vote at the { + biennial or
presidential + } primary election shall be given the ballot of
the major political party in whose primary election the elector
wishes to vote if that party has provided under subsection (3) of
this section for a { + biennial or presidential + } primary
election that admits electors not affiliated with any political
party. An elector not affiliated with any political party who is
given a ballot of the major political party associates with the
party for the purpose of voting in that { + biennial or
presidential + } primary election.
(3) Not later than the 90th day before the date of the { +
biennial or presidential + } primary election, a major political
party may file with the Secretary of State a certified copy of
the current party rule allowing an elector not affiliated with
any political party to vote in the party's { + biennial or
presidential + } primary election. The party shall not repeal the
rule as filed during the 90 days before the { + biennial or
presidential + } primary election. The rule shall continue to be
effective after the date of the { + biennial or presidential + }
primary election until the party gives written notice to the
Secretary of State that the rule has been repealed. A party rule
under this subsection may limit the candidates for whom an
elector who is not affiliated with any political party may vote.
The party rule shall, however, allow any elector who is permitted
to vote for the most numerous branch of the Legislative Assembly
to also vote in federal legislative elections, consistent with
Article I, section 2, and the Seventeenth Amendment to the United
States Constitution.
(4) If the { + biennial or presidential + } primary election
ballot includes city, county or nonpartisan offices or measures,
and it is given to an elector who is not eligible to vote for
party candidates, the ballot shall be marked 'limited. '
SECTION 71. ORS 254.370 is amended to read:
254.370. The county clerk shall maintain:
(1) A monthly registration record of all electors registered as
not being affiliated with any political party;
(2) At each { + biennial or presidential + } primary election,
a record of the number of electors who voted from each major
political party;
(3) A record of all electors registered as not being affiliated
with any political party who vote in a { + biennial or
presidential + } primary election of a major political party that
has provided under ORS 254.365 for a { + biennial or
presidential + } primary election that admits electors not
affiliated with any political party; and
(4) A record of all electors registered as not being affiliated
with any political party who vote in the general election.
SECTION 72. ORS 254.465 is amended to read:
254.465. (1) A county clerk may conduct an election by mail in
the county, in a city or in a district defined in ORS 255.012,
under the supervision of the Secretary of State. In deciding to
conduct an election by mail, the county clerk may consider
requests from the governing body of the county, city or district,
and shall consider whether conducting the election by mail will
be economically and administratively feasible.
(2) A statewide election held on any date other than the date
of a { + biennial primary election, presidential + } primary
{ + election + } or general election may be conducted by mail.
Notwithstanding subsection (1) of this section, the Secretary of
State by rule shall direct that a statewide election authorized
to be conducted by mail under this subsection be conducted
uniformly by mail or at polling places.
(3) Not later than the third Monday in January of each year,
the county clerk shall advise the governing body of the county,
each city and each district for which the county clerk is the
election officer that the county clerk may conduct one or more
elections by mail in that year. This subsection does not apply to
an emergency election.
(4) The Secretary of State shall adopt rules to provide for
uniformity in the conduct of statewide elections by mail.
(5) Notwithstanding any provision of subsections (1) to (4) of
this section, an election held on the date of the { + biennial
or presidential + } primary or general election shall not be
conducted by mail.
SECTION 73. ORS 254.545 is amended to read:
254.545. The county clerk:
(1) As soon as possible after { - the - } { + any + }
election, shall prepare abstracts of votes using the tally and
return sheets. The abstract for election of Governor shall be on
a sheet separate from the abstracts for other offices and
measures. One representative of each political party may attend
the abstract proceedings.
(2) On completion of the abstracts, shall record a complete
summary of votes cast in the county for each office, candidate
for office and measure. The county clerk shall sign and seal this
record. After the { + biennial or presidential + } primary
election, the county clerk also shall enter in a register of
nominations the name and major political party of each candidate
nominated, the office for which the candidate is nominated, and
the date of entry.
(3) Not later than the 20th day after the election, shall
deliver a copy of the abstracts for other than county offices to
the appropriate election officials. The abstract for election of
Governor shall be delivered separately to the Secretary of State
as provided in section 4, Article V, Oregon Constitution.
(4) Not later than the 30th day after the election, shall
proclaim which county measure is paramount, if two or more
approved county measures contain conflicting provisions.
(5) Shall prepare and deliver a certificate of nomination or
election to each candidate having the most votes for nomination
for or election to county or precinct offices.
(6) Shall prepare, and file with the county governing body, a
certificate stating the compensation to which the board clerks
are entitled. The county governing body shall order the
compensation paid by county funds.
SECTION 74. ORS 254.555 is amended to read:
254.555. (1) Not later than the 30th day after { - the - }
{ + any + } election, the Secretary of State, regarding offices
for which the secretary receives filings for nomination, shall:
(a) Canvass the votes for the offices, except the office of
Governor after the general election.
(b) Enter in a register of nominations after the { - primary
election - } { + biennial or presidential primary
elections, + } the name and, if applicable, major political party
of each candidate nominated, the office for which the candidate
is nominated, and the date of entry.
(c) Prepare and deliver a certificate of nomination or election
to each candidate having the most votes for nomination for or
election to the office. The Secretary of State shall sign the
certificate under the seal of the state.
(d) Issue a proclamation declaring the election of candidates
to the offices.
(2) Not later than the 30th day after the election:
(a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
(b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure. If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
SECTION 75. ORS 254.565 is amended to read:
254.565. The chief city elections officer:
(1) After the { + biennial or presidential + } primary
{ - election - } { + elections + }, shall enter in a register
of nominations:
(a) The name of each candidate for city office nominated at the
{ + biennial or presidential + } primary { - election - }
{ + elections + }.
(b) The office for which the candidate is nominated.
(c) If applicable, the name of the major political party
nominating the candidate.
(d) The date of the entry.
(2) Not later than the 30th day after { - the - } { +
any + } election, shall canvass the vote on each city measure,
and if two or more of the approved measures contain conflicting
provisions, proclaim which is paramount.
SECTION 76. 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 { + biennial + } primary
{ + election + } or general election, the election officer shall
deliver to each district election 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 { + biennial + } primary or
general election, the district election authority shall return to
the election officer the form for updating information on members
of district boards.
(3) The election officer shall prepare the notice required by
ORS 255.075 by using the form completed by the district election
authority and any other information available. If the form is not
returned by the district election authority by the deadline
specified in subsection (2) of this section, the election officer
shall prepare the notice for the district using the most current
information available. If the form is returned by the district
election authority after the deadline, the election officer shall
prepare a corrected notice. The district shall be liable for any
additional costs incurred in preparing and publishing a corrected
notice.
(4) The election 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
election 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 election officer and the district election
authority shall use in maintaining adequate records for
preparation of the form required under subsection (1) of this
section.
SECTION 77. ORS 255.085 is amended to read:
255.085. (1) Not later than the { + 40th day before a district
election on a measure to be held on the date of the general
election or the + } 61st day before a district election on a
measure { + held on any other date + }, the district election
authority shall deliver to the election officer a notice stating
the date of the election and a ballot title. The district
election 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 election officer or an attorney
employed by the district election authority.
(2) If a district submits a measure to the electors of the
district at an election held on the third Tuesday in May or 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 third
Tuesday in May or the first Tuesday after the first Monday in
November, the district election authority shall file the measure
for the election held on the third Tuesday in May or the first
Tuesday after the first Monday in November with the election
officer not later than { + :
(a) The 40th day before an election held on the date of the
general election; or
(b) + } The 47th day before an election held on the third
Tuesday in May or { + any other 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 election officer shall publish the
notice 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 election
authority, the election officer 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 election officer shall publish an
amended notice of election in the next available edition of the
newspaper referred to in this subsection after the new title is
certified to the election officer.
SECTION 78. ORS 255.235 is amended to read:
255.235. (1) A candidate for election as a member of a district
board shall be nominated by filing with the election officer
either:
(a) A petition for nomination signed by at least 25 electors,
or 10 percent of the electors, residing in the election district
for the office, whichever number is less; or
(b) A declaration of candidacy accompanied by a filing fee of
$10.
(2) A petition for nomination or a declaration of candidacy
shall be filed with the election officer not sooner than the 40th
day before the deadline specified in paragraph (a) or (b) of this
subsection and:
(a) Not later than the 61st day before the date of the district
election if the election is a regular district election or the
first election at which members of the district board are
elected.
(b) Not later than the 70th day before the date of the district
election if the election is held on the date of a { +
biennial + } primary { + election + } or general election.
(3) A nominating petition or declaration of candidacy shall
contain the information specified in ORS 249.031.
(4) In a district in which a position or zone number is
assigned to each office on the district board, each petition for
nomination, declaration of candidacy and certificate of
nomination for election to the district board shall state the
position or zone number of the office to which the candidate
seeks election.
(5) The provisions of ORS 249.009 (1)(b) and 249.061 shall not
apply to nominating petitions filed under this section.
(6) A nominee for election to the district board may withdraw
the nomination not later than 5 p.m. of the last day specified
for filing a petition or declaration under this section by filing
with the election officer a written withdrawal of candidacy. The
withdrawal shall be signed by the nominee and state the reasons
for withdrawal.
SECTION 79. ORS 255.265 is amended to read:
255.265. (1) For the purpose of this section, 'district '
means:
(a) A mass transit district organized under ORS 267.010 to
267.390;
(b) A metropolitan service district organized under ORS chapter
268;
(c) A port organized under ORS 777.005 to 777.725 and 777.915
to 777.953; and
(d) The Port of Portland established by ORS 778.010.
(2) The Secretary of State shall print in the { - primary or
general election - } { + September + } voters' pamphlet any
district measure, and any information appearing on the ballot
relating to the measure, if the district election authority, not
later than the 70th day before the { + biennial + } primary
{ - or general - } election, files the measure and other
information with the secretary, and if the time for filing a
petition for judicial review of the ballot title under ORS
255.155 has passed. The district shall pay to the Secretary of
State the cost of including the measure and other information in
the pamphlet as determined by the secretary.
SECTION 80. ORS 255.295 is amended to read:
255.295. (1) Not later than the 20th day after the date of an
election held on the same day as a { + biennial primary
election, presidential + } primary { + election + } or general
election, or not later than the 10th day after an election held
on any other day, the county clerk shall prepare an abstract of
the votes and deliver it to the district election authority. Not
later than the 30th day after receiving the abstract the district
election authority shall determine from it the result of the
election.
(2) A certificate of election shall be issued by the county
clerk only after the district election authority has notified the
county clerk in writing of the result of the election. The
notification to the county clerk shall contain a statement
indicating whether any candidate elected to district office is
qualified to hold the office.
SECTION 81. ORS 255.345 is amended to read:
255.345. (1) Except as provided in ORS 255.355 and subsection
(2) of this section, a special election called by a district
election authority shall not be held on any date other than:
(a) The fourth Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, the second 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
election 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 election 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 82. ORS 258.006 is amended to read:
258.006. As used in this chapter:
(1) 'Candidate' means a candidate for nomination or election to
any elective office.
(2) 'Contestant' means any person who files a petition of
contest under ORS 258.036 { + or section 85 of this 1995
Act + }.
(3) 'Contestee' means:
(a) In a contest of the nomination or election of a person for
or to an office, the county clerk if the cause of the contest is
ORS 258.016 (6), or the person nominated or elected if the cause
of the contest is any other cause.
(b) In a contest of the approval or rejection of a measure, a
person involved in the cause of the contest.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(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.
SECTION 83. ORS 258.036 is amended to read:
258.036. { + Except as provided in section 85 of this 1995
Act, + } not later than the 40th day after the election or the
completion of a recount of votes cast in connection with the
nomination, office or measure, any person authorized to contest a
result of the election may file a petition of contest. The
petition shall be filed with the circuit court clerk for the
county in which the contestee resides or in which the certificate
of nomination, certificate of election or proclamation is or will
be issued. The petition shall specify the cause of the contest,
name the contestees and be verified by the contestant in the
manner required for the verification of complaints in civil
cases.
SECTION 84. { + Section 85 of this Act is added to and made a
part of ORS chapter 258. + }
SECTION 85. { + (1) This section governs the procedure for
contesting the results of a biennial primary election or a
nominating or special election held on the date of a biennial
primary election. Not later than the sixth day after the
election, any person authorized to contest any result of the
election may file a petition of contest. The petition shall be
filed as follows:
(a) For a state office, United States Senator or Representative
in Congress, or for a state measure, the petition shall be filed
with the clerk of the Circuit Court for Marion County or the
clerk of the Supreme Court.
(b) For any other office or measure, the petition shall be
filed with the clerk of the circuit court of the county in which
the contestee resides or in which the certificate of nomination,
certificate of election or proclamation is or will be issued.
(2) A petition filed under this section shall specify the cause
of the contest, name the contestees and be verified by the
contestant in the manner required for the verification of
complaints in civil cases.
(3) When a petition of contest is filed under subsection (1) of
this section, the clerk of the court shall cause notice to be
served on all contestees named in the petition, notifying them
that they may respond by petition not sooner than the third nor
later than the sixth day after the date the petition of contest
was filed. Service shall be made in the same manner as a summons
issued out of the circuit court.
(4) The court in which the petition of contest is filed shall
hear and determine the proceeding expeditiously on the basis of
the petitions. The court shall render the judgment affirming or
setting aside the nomination or the approval or rejection of the
measure as provided in ORS 258.065 and 258.075. The decision of
the court shall be the first and final decision on the
matter. + }
SECTION 86. ORS 258.046 is amended to read:
258.046. (1) Before any proceeding on a petition of contest,
the contestant shall furnish a bond or an irrevocable letter of
credit, conditioned upon the payment of all costs, disbursements
and attorney fees that may be awarded against the contestant. Any
bond shall have not less than two sureties, who shall justify in
the manner required of sureties on bail bonds. Any letter of
credit shall be issued by a commercial bank as defined in ORS
706.005. The { - circuit - } court shall determine the amount
of and approve the bond or letter of credit. The amount of the
bond or letter of credit shall not exceed $2,000. If judgment is
rendered against the contestant, it also shall be rendered
against the sureties on the bond or the letter of credit issuer.
(2) The prevailing party in the contest proceeding shall
recover costs, disbursements and reasonable attorney fees at
trial and on appeal against the losing party. However, if the
cause of the contest is a mistake in the canvass of votes and the
contestant prevails, the cost of any recanvass of votes shall be
paid by:
(a) The county for a contest of a state or county nomination,
office or measure;
(b) The city for a contest of a city nomination, office or
measure; or
(c) Any other political subdivision or public corporation for a
contest of such a subdivision or corporation nomination, office
or measure.
SECTION 87. ORS 258.055 is amended to read:
258.055. (1) When a petition of contest is filed { + under ORS
258.036 + } with the clerk of the circuit court, the clerk shall
cause a notice to be served on all contestees named in the
petition, directing them to appear and respond not sooner than
the third nor later than the seventh day after the date the
petition was filed. Service shall be made in the same manner as
a summons issued out of the circuit court.
(2) The circuit court shall fix a time, not later than the 20th
day after the return date in the notice, for the hearing by the
circuit court of the contest proceeding, and not later than the
fifth day before the hearing shall give written notice of the
hearing to each party to the proceeding. The contest proceeding
shall take precedence over all other business on the circuit
court docket.
(3) The circuit court shall hear and determine the proceeding
without a jury, and the practice and procedure otherwise
applicable to civil cases shall govern the proceeding.
SECTION 88. ORS 258.065 is amended to read:
258.065. (1) After the contest hearing, the { - circuit - }
court shall render a judgment affirming or setting aside the
nomination or election of the person for or to the office.
(2) If the judgment sets aside the nomination of a person, it
also shall declare that the nomination is vacant.
(3) Except as provided in subsection (4) of this section, if
the judgment sets aside the election of a person, the incumbent
shall remain in office until a successor is elected.
(4) If the judgment sets aside the election of a person to an
office sought by an incumbent who was defeated, the office shall
be declared vacant.
(5) If the judgment under ORS 258.026 (2) sets aside the
nomination or election of a person to a city office or as a
member of the board of a district defined in ORS 255.012, the
names of the candidates for the office shall be resubmitted to
the electors at a special election held on the next available
election date. The county of the county clerk or the local
election official who committed the error in the distribution of
the official ballots shall bear the cost of the election.
SECTION 89. ORS 258.075 is amended to read:
258.075. (1) 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 fourth Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, on the second Tuesday in September + }; or
(d) The first Tuesday after the first Monday in November.
(3) The county of the county clerk or the local election
official who committed the error in the distribution of the
official ballots shall bear the cost of the special election.
SECTION 90. ORS 258.085 is amended to read:
258.085. Any party to the contest proceeding { + under ORS
258.055 + } may appeal from the judgment rendered by the circuit
court to the Court of Appeals in the same manner as appeals in
civil cases are taken. The appeal shall take precedence over all
other business on the docket.
SECTION 91. ORS 258.161 is amended to read:
258.161. (1) A candidate or an officer of a political party on
behalf of a candidate of the political party may file a demand
requiring the Secretary of State to direct that a recount be made
{ - in specified precincts in which votes were - } { + of the
votes + } cast for the nomination or office for which the
candidate received a vote.
(2) An elector may file a demand requiring the Secretary of
State to direct that a recount be made { - in specified
precincts in which votes were - } { + of the votes + } cast on
any measure which appeared on the ballot.
(3) { + This subsection applies to any election other than a
biennial primary election or a nominating election held on the
date of a biennial primary election. + } The person making a
demand for a recount, in the first demand, may specify by number
5, 10 or 100 percent of the precincts in which votes were cast
for the nomination or office or on the measure to be recounted.
If in the first demand the person requested a recount of the vote
in five percent of the precincts, the person may file a
supplemental demand and specify by number another five percent of
the precincts or all the remainder of the precincts. The person
making the supplemental demand for a recount of another five
percent of the precincts may file a second supplemental demand
only to request a recount of the vote in all remaining precincts.
If in the first demand the person requested a recount of the vote
in 10 percent of the precincts, the person may file a
supplemental demand and specify by number all the remainder of
the precincts.
{ + (4) The first demand under subsection (3) of this section
shall be filed in the office of the Secretary of State not later
than the 35th day, a first supplemental demand not later than the
45th day and a second supplemental demand not later than the 50th
day after the date of the election in which votes were cast for
the nomination, office or measure.
(5) This subsection applies to a biennial primary election or a
nominating election held on the date of the biennial primary
election. The person making a demand for a recount shall file the
demand in the office of the Secretary of State not later than the
sixth day after the date of the election. Under this subsection,
there shall be made a recount of 100 percent of the precincts in
which votes were cast for the nomination or on the measure to be
recounted. + }
{ - (4) - } { + (6) + } Each demand shall be accompanied by
a cash deposit of $15 for each precinct to be recounted up to a
maximum of $8,000 for a recount of all precincts in the state on
a measure or for a nomination or office. The Secretary of State
may retain the deposit for not more than 60 days after the
election for which the recount was demanded, without depositing
it in the General Fund.
{ - (5) - } { + (7) + } Each demand shall be in the form
and shall contain the information prescribed by the Secretary of
State, including the names and addresses of all persons and
organizations providing any part of the cash deposit and the
amount provided by each. The person filing a demand shall swear
to or affirm the demand before a judge, justice of the peace,
county clerk or notary public.
{ - (6) The first demand shall be filed in the office of the
Secretary of State not later than the 35th day, a first
supplemental demand not later than the 45th day, and a second
supplemental demand not later than the 50th day, after the date
of the election in which votes were cast for the nomination,
office or measure. - }
SECTION 92. ORS 258.190 is amended to read:
258.190. (1) After a recount demand is filed, the Secretary of
State shall direct the official who conducted the election or the
clerk of any county containing precincts in which ballots were
cast on the measure or for the nomination or office specified in
the demand for a recount to conduct a recount in the precincts
specified in the demand.
(2) If the demand for a recount of votes cast for a nomination
or office is filed, the Secretary of State, not later than the
third day after the filing of the first demand { + under ORS
258.161 (4) or the filing of the demand under ORS 258.161
(5) + }, shall notify the affected candidates by certified or
registered mail that a recount is to be made in the precincts
specified in the demand.
(3) The official who is to conduct the recount, within a
reasonable time before the recount, shall notify the affected
candidates or the individual filing the demand for recount for a
measure of the date, time and place of the recount.
SECTION 93. ORS 260.044 is amended to read:
260.044. (1) A person shall file a statement of expenditures
made if the person makes expenditures in a total amount of more
than:
(a) $100 in support of or in opposition to a candidate for
statewide office or a statewide measure; or
(b) $50 in support of or in opposition to a candidate for an
office that is not statewide, a measure that is not statewide or
a political committee.
(2) A statement filed under subsection (1) of this section
shall be filed for the reporting period described in ORS 260.063
or 260.073 during which the total amount of expenditures exceeds
the amount described in subsection (1) of this section. The
accounting period for the statement required by subsection (1) of
this section begins on the date that an expenditure is made. The
Secretary of State by rule shall prescribe the form of the
statements.
(3) An individual who solicits and receives a contribution or
contributions shall be a political committee and shall file a
statement of organization under ORS 260.042 and the statements
required by ORS 260.063 or 260.073. The statements filed under
this subsection shall be filed for the reporting period described
in ORS 260.063 or 260.073 during which any contribution was
received. The accounting period for the statement required by
this subsection begins on the date that a contribution is
received.
(4) For purposes of this section:
(a) An expenditure shall not include a contribution to a
candidate or political committee that is required to report the
contribution on a statement filed under ORS 260.058, 260.063,
260.068, 260.073 or 260.102, or a certificate filed under ORS
260.112; and
(b) An individual shall not be a political committee under
subsection (3) of this section if all contributions received by
the individual are designated to a candidate or political
committee and are required to be reported as contributions by a
candidate or political committee on a statement filed under ORS
260.058, 260.063, 260.068, 260.073 or 260.102 or a certificate
filed under ORS 260.112.
(5) A person shall be a political committee if the person, in
preparing to become a candidate in the general election, receives
a contribution, receives a loan, whether repaid or not, or makes
an expenditure in a total amount of more than $500 before the
date of the { + biennial + } primary election. A person
described in this subsection shall file the statements required
by ORS 260.063 as if the person were a candidate in the
{ + biennial + } primary election. This subsection does not
apply to a candidate in the { + biennial + } primary or
nominating election.
SECTION 94. ORS 260.058 is amended to read:
260.058. (1) Except as otherwise provided in ORS 260.112 and
subsection (3) of this section, each candidate seeking nomination
or election at the { + biennial or presidential + } primary
election or at any election other than the general election, or a
candidate's principal campaign committee at the { + biennial or
presidential + } primary election or at any election other than
the general election, shall file the following with the filing
officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
39th day and not later than the 29th day before the date of the
election. The accounting period for the statement required by
this paragraph begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 or 260.037
unless a candidate or a candidate's principal campaign committee
has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing an
unexpended balance of contributions or an expenditure deficit. If
such a post-election or supplemental statement is filed, the
accounting period begins on the day following the last day of the
accounting period for the statement filed for the previous
election. If a candidate or a candidate's principal campaign
committee has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing no
balance or no deficit, the accounting period begins on the day
that the candidate or the candidate's principal campaign
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by
this paragraph ends on the 40th day before the date of the
election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
eighth day and not later than the fifth day before the date of
the election. The accounting period for this statement begins on
the 39th day before the date of the election and ends on the
ninth day before the date of the election.
(c) A supplement to the second preelection statement on the day
before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the candidate
or committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A candidate or treasurer of the
candidate's principal campaign committee who filed a certificate
under ORS 260.112 shall file a supplement under this paragraph if
the aggregate contributions exceed $500 because of contributions
received after the ninth day and before the day preceding the day
of the election.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the eighth day before the date of the
election and ends on the 20th day after the date of the election.
(2) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(3) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. The statements required by
federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. At any
time the Secretary of State by rule may make a determination that
the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
(4) Each statement and the supplement required by this section
shall be signed and certified as true by the candidate or
treasurer required to file it.
SECTION 95. ORS 260.063 is amended to read:
260.063. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the { + biennial or presidential + } primary
election or any election other than the general election shall
file the following with each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 39th day and not later than the 29th day before
the date of the election. The accounting period for this
statement required by this paragraph begins on the date that the
name of a treasurer is certified to the filing officer under ORS
260.035 unless a political committee has filed a post-election or
supplemental statement of contributions and expenditures showing
an unexpended balance of contributions or an expenditure deficit
for a previous election. If such a post-election or supplemental
statement is filed, the accounting period begins on the day
following the last day of the accounting period for the statement
filed for the previous election. If a political committee has
filed a post-election or supplemental statement of contributions
and expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that the
political committee next receives a contribution or makes an
expenditure. If the statement for a previous election shows an
unexpended balance of contributions or an expenditure deficit,
the beginning balance on the statement required by this paragraph
shall be the amount of the unexpended balance of contributions or
expenditure deficit. The accounting period for the statement
required by this paragraph ends on the 40th day before the date
of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the eighth day and not later than the fifth day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 39th day
before the date of the election and ends on the ninth day before
the date of the election.
(c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the political
committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A treasurer of a political
committee who filed a certificate under ORS 260.112 shall file a
supplement under this paragraph if the aggregate contributions
exceed $500 because of contributions received after the ninth day
and before the day preceding the day of the election.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for the statement
required by this paragraph begins on the eighth day before the
date of the election and ends on the 20th day after the date of
the election.
(2) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(3) A political committee shall prepare one original copy of
each statement and the supplement required by subsections (1) and
(2) of this section and file a duplicate copy of the statement
and supplement with the filing officer of each candidate or
measure supported or opposed by the political committee. The
statement, supplement and each duplicate copy shall be signed and
certified as true by the treasurer required to file it.
SECTION 96. ORS 260.068 is amended to read:
260.068. (1) Except as otherwise provided in ORS 260.112 and
subsection (4) of this section, each candidate seeking election
at the general election or a candidate's principal campaign
committee at the general election shall file the following with
each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
39th day and not later than the 29th day before the date of the
election. For a candidate nominated at the { + biennial + }
primary election or for that candidate's principal campaign
committee, the accounting period for the statement required by
this paragraph begins on the 21st day after the { + biennial + }
primary election. For a candidate not nominated at the
{ + biennial + } primary election or for that candidate's
principal campaign committee, the accounting period for the
statement required by this paragraph begins on the date that the
name of a treasurer is certified to the filing officer under ORS
260.035 or 260.037 unless a candidate or a candidate's principal
campaign committee has filed a post-election or supplemental
statement of contributions and expenditures showing an unexpended
balance of contributions or an expenditure deficit for a previous
election other than the preceding { + biennial + } primary
election. If such a post-election or supplemental statement is
filed, the accounting period begins on the day following the last
day of the accounting period for the statement filed for that
previous election. If a candidate or a candidate's principal
campaign committee has filed a post-election or supplemental
statement of contributions and expenditures for a previous
election other than the preceding { + biennial + } primary
election showing no balance or no deficit, the accounting period
begins on the day that the candidate or the candidate's principal
campaign committee next receives a contribution or makes an
expenditure. If the statement for a previous election shows an
unexpended balance of contributions or an expenditure deficit,
the beginning balance on the statement required by this paragraph
shall be the amount of the unexpended balance of contributions or
expenditure deficit. The accounting period for the statement
required by this paragraph ends on the 40th day before the date
of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
eighth day and not later than the fifth day before the date of
the election. The accounting period for the statement required by
this paragraph begins on the 39th day before the date of the
election and ends on the ninth day before the date of the
election.
(c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the candidate
or committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A candidate or treasurer of the
candidate's principal campaign committee who filed a certificate
under ORS 260.112 shall file a supplement under this paragraph if
the aggregate contributions exceed $500 because of contributions
received after the ninth day and before the day preceding the day
of the election.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the eighth day before the date of the
election and ends on the 20th day after the date of the election.
(2) A candidate for the office of Governor, Secretary of State,
State Treasurer, Attorney General, Commissioner of the Bureau of
Labor and Industries, State Senator or State Representative, or a
candidate's principal campaign committee shall file a supplement
to the post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee not sooner than the
first business day in January and not later than the Friday
before the second Monday in January. The supplement shall be
filed if the aggregate contributions received from any political
committee or other person exceed $500 during the period beginning
after the 20th day after the date of the election and ending on
December 31 and shall disclose only those contributions received
from any political committee or other person that exceed an
aggregate of $500 during the period beginning after the 20th day
after the date of the election and ending on December 31. The
supplement shall be written but may be transmitted to the filing
officer by any means available. A candidate described in this
subsection or the treasurer of the candidate's principal campaign
committee who filed a certificate under ORS 260.112 shall file a
supplement under this subsection if the aggregate contributions
exceed $500 because of contributions received after the 20th day
following the election and prior to January 1 of the following
year.
(3) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement containing no balance or no
deficit is filed. The accounting period for the statement
required by this subsection begins on the day following the last
day of the accounting period for the previous statement filed and
ends on September 1.
(4) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. The statements required by
federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. At any
time the Secretary of State by rule may make a determination that
the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
(5) Each statement and the supplement required by this section
shall be signed and certified as true by the candidate or
treasurer required to file it.
SECTION 97. ORS 260.073 is amended to read:
260.073. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the general election shall file the following with
each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 39th day and not later than the 29th day before
the date of the election. For a political committee that
supported or opposed one or more candidates or measures at the
{ + biennial + } primary election, the accounting period for
the statement required by this paragraph begins on the 21st day
after the { + biennial + } primary election. Otherwise, the
accounting period for the statement begins on the date that the
name of a treasurer is certified to the filing officer under ORS
260.035 unless a political committee has filed a post-election or
supplemental statement of contributions and expenditures showing
an unexpended balance of contributions or an expenditure deficit
for a previous election. If such a post-election or supplemental
statement is filed, the accounting period begins on the day
following the last day of the accounting period for the statement
filed for the previous election. If a political committee has
filed a post-election or supplemental statement of contributions
and expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that political
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by
this paragraph ends on the 40th day before the date of the
election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the eighth day and not later than the fifth day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 39th day
before the date of the election and ends on the ninth day before
the date of the election.
(c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the political
committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A treasurer of a political
committee who filed a certificate under ORS 260.112 shall file a
supplement under this paragraph if the aggregate contributions
exceed $500 because of contributions received after the ninth day
and before the day preceding the day of the election.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for a statement
required by this paragraph begins on the eighth day before the
date of the election and ends on the 20th day after the date of
the election.
(2) A political committee affiliated with a political party, a
caucus of either house of the Legislative Assembly, a legislative
official or a statewide official as defined in ORS 244.020, the
Governor, Governor-elect or candidate for Governor shall file a
supplement to the post-election statement of contributions
received and expenditures made by or on behalf of the political
committee not sooner than the first business day in January and
not later than the Friday before the second Monday in January.
The supplement shall be filed if the aggregate contributions
received from any political committee or other person exceed $500
during the period beginning after the 20th day after the date of
the election and ending on December 31 and shall disclose only
those contributions received from any political committee or
other person that exceed an aggregate of $500 during the period
beginning after the 20th day after the date of the election and
ending on December 31. The supplement shall be written but may be
transmitted to the filing officer by any means available. A
treasurer of a political committee described in this subsection
who filed a certificate under ORS 260.112 shall file a supplement
under this subsection if the aggregate contributions exceed $500
because of contributions received after the 20th day following
the election and prior to January 1 of the following year.
(3) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for a statement required under
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(4) A political committee shall prepare one original copy of
each statement and the supplement required by subsections (1) to
(3) of this section and file a duplicate copy of the statement
and supplement with the filing officer of each candidate or
measure supported or opposed by the political committee. The
statement, supplement and each duplicate copy shall be signed and
certified as true by the treasurer required to file it.
SECTION 98. ORS 260.215 is amended to read:
260.215. (1) Not later than the third month after the date of a
{ + biennial primary election, presidential + } primary
{ + election + } or general election { + , + } each filing
officer shall examine each statement relating to the election
filed with the officer under ORS 260.058, 260.063, 260.068,
260.073, 260.083, 260.102 or 260.112 to determine whether the
statement is sufficient. The filing officer may require any
person to answer in writing and upon oath or affirmation before a
judge, justice of the peace, county clerk or notary public any
question within the knowledge of that person concerning the
source of any contribution. The inquiry shall advise the person
concerned of the penalty for failure to answer.
(2) Subsection (1) of this section applies in regard to a
statement filed under ORS 260.118, except that the filing officer
shall examine such a statement not later than the third month
after the date the statement is filed.
SECTION 99. ORS 260.532 is amended to read:
260.532. (1) No person shall cause to be written, printed,
published, posted, communicated or circulated, any letter,
circular, bill, placard, poster, photograph or other publication,
or cause any advertisement to be placed in a publication, or
singly or with others pay for any advertisement, with knowledge
or with reckless disregard that the letter, circular, bill,
placard, poster, photograph, publication or advertisement
contains a false statement of material fact relating to any
candidate, political committee or measure.
(2) A candidate who knows of and consents to a publication or
advertisement prohibited by this section with knowledge or with
reckless disregard that it contains a false statement of material
fact, violates this section regardless of whether the candidate
has participated directly in the publication or advertisement.
(3) There is a rebuttable presumption that a candidate knows of
and consents to any publication or advertisement prohibited by
this section caused by a political committee over which the
candidate exercises any direction and control.
(4) Any candidate or political committee aggrieved by a
violation of this section shall have a right of action against
the person alleged to have committed the violation. The aggrieved
party may file the action in the circuit court for any county in
this state in which a defendant resides or can be found or, if
the defendant is a nonresident of this state, in the circuit
court for any county in which the publication occurred. To
prevail in such an action, the plaintiff must show by clear and
convincing evidence that the defendant violated subsection (1) of
this section.
(5) A plaintiff who prevails in an action provided by
subsection (4) of this section may recover compensatory damages
for all injury suffered by the plaintiff by reason of the false
statement of material fact. Proof of entitlement to compensatory
damages must be by a preponderance of evidence. Any prevailing
party is entitled to recover reasonable attorney fees at trial
and on appeal.
(6) A political committee has standing to bring an action
provided by subsection (4) of this section as plaintiff in its
own name, if its purpose as evidenced by its preelection
activities, solicitations and publications has been injured by
the violation and if it has fully complied with the provisions of
this chapter. In an action brought by a political committee as
provided by subsection (4) of this section, the plaintiff may
recover compensatory damages for all injury to the purpose of the
committee by reason of the false statement of material fact. A
political committee may not be sued as defendant in such an
action. A recovery made by a political committee which prevails
in an action under this section shall be distributed pro rata
among the persons making contributions to the committee.
(7) If a judgment is rendered in an action under this section
against a defendant who has been nominated to public office or
elected to a public office other than state Senator or state
Representative, and it is established by clear and convincing
evidence that the false statement was deliberately made or caused
to be made by the defendant, the finder of fact shall determine
whether the false statement reversed the outcome of the election.
If the finder of fact finds by clear and convincing evidence that
the false statement reversed the outcome of the election, the
defendant shall be deprived of the nomination or election and the
nomination or office shall be declared vacant.
(8) An action under this section must be filed not later than
the { + sixth day after the biennial primary election or
nominating election relating to which a publication or
advertisement in violation of this section was made and not later
than the + } 30th day after the election { + , other than a
biennial primary or nominating election, + } relating to which a
publication or advertisement in violation of this section was
made. Proceedings on a complaint filed under this section shall
have precedence over all other business on the docket. The courts
shall proceed in a manner which will insure that:
(a) Final judgment on a complaint which relates to a primary or
nominating election is rendered before the 30th day before the
general election; and
(b) Final judgment on a complaint which relates to an election
to an office is rendered before the term of that office begins.
(9) The remedy provided by this section is the exclusive remedy
for a violation of this section.
SECTION 100. ORS 46.026 is amended to read:
46.026. (1) The establishment and organization of a district
court in a city under ORS 46.025 is postponed:
(a) Until the expiration of the elective or appointive term of
the justice of the peace in office in the city at the time it
first meets the requirements of ORS 46.025, unless the justice of
the peace is qualified to be a judge of the district court; or
(b) If the office of the justice of the peace in the city at
the time it first meets the requirements of ORS 46.025 is vacant
or thereafter becomes vacant for any reason, or if the county
court petitions the Governor to appoint a judge of the district
court prior to the expiration of the elective or appointive term
of the justice of the peace in office in the city at the time it
first meets the requirements of ORS 46.025, until a person
qualified to be a judge of the district court is appointed by the
Governor and qualifies. In the event of such a vacancy, or in the
event the county court petitions the Governor to appoint a judge
of the district court prior to the expiration of the elective or
appointive term of the justice of the peace, and notwithstanding
the provisions of ORS 51.260, the Governor, as soon as possible,
shall appoint a qualified person to be a judge of the district
court, who shall qualify as soon as possible after appointment
and who shall serve until a successor is elected and qualified
under subsection (3) of this section.
(2) If the establishment of a district court is postponed under
subsection (1)(a) of this section, when the court is established
a qualified person to be a judge of the district court shall be
nominated and elected in the manner provided by law for district
court judges at the { + biennial + } primary { + election + }
and general
{ - elections - } { + election + } next preceding the date of
the expiration of the elective or appointive term of the justice
of the peace in office in the city at the time it first meets the
requirements of ORS 46.025.
(3) A person qualified to be a judge of the district court to
succeed a person appointed under subsection (1)(b) of this
section shall be nominated and elected in the manner provided by
law for district court judges at the { + biennial + } primary
{ + election + } and general
{ - elections - } { + election + } next succeeding the
appointment.
(4) If a judge of the district court is appointed by the
Governor under subsection (1)(b) of this section upon petition by
the county court, the district court is established and
organized, but the justice district in the county seat is not
abolished until the expiration of the elective or appointive term
of the justice of the peace or the office of the justice of the
peace becomes vacant for any reason prior to that expiration; and
the district court has concurrent jurisdiction with the justice's
court of crimes and actions described in ORS 51.040 to 51.100
until that abolishment.
SECTION 101. ORS 171.068 is amended to read:
171.068. (1) For purposes of ORS 171.060, 171.062 and 171.064,
the county court or the board of county commissioners which shall
fill the vacancy in the Legislative Assembly in a district
created by reapportionment shall be the county court or board of
county commissioners of each county any part of which is in the
district that is created by the reapportionment and includes the
residence from which the former Senator or Representative was
elected.
(2) Each person nominated by a major political party to fill a
vacancy in the Legislative Assembly occurring as described by ORS
171.051 in a district created by reapportionment must be
registered to vote in the district from which the former Senator
or Representative was elected and must have been a member of the
same major political party at least 180 days before the date the
vacancy to be filled occurred.
(3) This section shall apply only to a vacancy in the
Legislative Assembly occurring after the { + biennial + }
primary election next following reapportionment and before a
person has been elected and qualified to fill the vacancy.
SECTION 102. 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 fourth Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, the second 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 103. ORS 180.020 is amended to read:
180.020. The Attorney General shall be elected by the electors
of this state at the { - regular - } general election in the
same manner as other state officers are elected. The term of the
Attorney General shall commence on the first Monday in January of
the year succeeding election. The Attorney General shall hold
office for the term of four years, and until a successor is
elected and qualified.
SECTION 104. ORS 198.747 is amended to read:
198.747. (1) Notwithstanding any provision of ORS 198.705 to
198.955 that provides a different effective date, an annexation,
withdrawal, consolidation or merger shall not become effective
during the period:
(a) Beginning after the 90th day before a { + biennial primary
election, presidential + } primary { + election + } or general
election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by any district or other
municipal corporation involved in the annexation, withdrawal,
consolidation or merger and ending on the day after the election.
(2) If the effective date established for an annexation,
withdrawal, consolidation or merger is a date that is prohibited
under this section, the annexation, withdrawal, consolidation or
merger shall become effective on the day after the election.
(3) For the purposes of ORS 308.225 only, the effective date of
an annexation shall be the date of the order declaring the
annexation under ORS 198.855.
SECTION 105. ORS 198.765 is amended to read:
198.765. (1) A petition shall not be accepted for filing unless
the signatures thereon have been secured within six months of the
date on which the first signature on the petition was affixed. A
petition for formation of a district shall not be accepted for
filing if it is not accompanied by the economic feasibility
statement required under ORS 198.749. When a petition for
formation of a district includes a tax base for the proposed
district, the petition shall be filed not later than 180 days
before the date of the next { - regular statewide - }
{ + biennial + } primary
{ - or general election at which the petition for formation
will be voted upon - } { + election, if the petition for
formation will be voted upon at the biennial primary election or
general election + }. Petitions required to be filed with the
county board shall be filed with the county clerk of the
principal county. Petitions required to be filed with the
district board shall be filed with the secretary of the district
board. It is not necessary to offer all counterparts of a
petition for filing at the same time, but all counterparts when
certified as provided by subsection (3) of this section shall be
filed at the same time.
(2) Within 10 days after the date a petition is offered for
filing, the county clerk or district secretary, as the case may
be, shall examine the petition and determine whether it is signed
by the requisite number of qualified signers. If the requisite
number of qualified signers have signed the petition, the county
clerk or district secretary shall file the petition. If the
requisite number have not signed, the county clerk or district
secretary shall so notify the chief petitioners and may return
the petition to the petitioners.
(3) A petition shall not be filed unless the certificate of the
county clerk or the district secretary is attached thereto
certifying that the county clerk or district secretary has
compared the signatures of the signers with the appropriate
records, that the county clerk or district secretary has
ascertained therefrom the number of qualified signers appearing
on the petition, and that the petition is signed by the requisite
number of qualified signers.
(4) No petition for dissolution shall be accepted for filing
within one year after an election held on the question of
dissolution of a district.
SECTION 106. ORS 198.815 is amended to read:
198.815. (1) If the required number of written requests for an
election are filed with the county board on or before the date of
the final hearing or if the petition for formation includes a tax
base for the proposed district, the board shall provide by order
for the holding of an election to submit to the electors the
question of forming the district. The board shall cause notice of
the election to be published by two insertions. If requests for
an election are filed by less than the required number of persons
and no tax base is included in the petition, the county board
shall dismiss the requests and enter an order creating the
district.
(2) The order calling an election shall fix the date of the
election on the next available election date in ORS 255.345 for
which the filing deadline can be met. However, when the proposal
for formation includes a tax base for the proposed district, the
election shall be held on the date of the next { - regular
statewide - } { + biennial + } primary { + election + } or
general election for which the filing deadline can be met. The
order shall also state that at such election members of the
district board will be voted for. Candidates to be voted for as
members of the first board of a district shall be nominated as
provided by ORS chapter 255 and the principal Act of a district.
(3) The order calling the election shall require the county
official in charge of elections to include with the ballot for
the election a map or other description of the boundaries of the
proposed district using streets and other generally recognized
features and a statement of the tax base and tax rate, if any,
proposed for the district in the petition for formation under ORS
198.750 (1)(g). Such statement shall comply with the requirements
of ORS 310.402. The map or other description and statement
required by this subsection shall be supplied by the county
board.
(4) When the proposal for formation includes a tax base for the
proposed district, the ballot title shall clearly indicate that a
single question is being proposed which is:
(a) Whether the proposed district shall be formed; and
(b) Whether the tax base specified in the ballot title shall be
adopted as the initial tax base of that district.
(5) When the proposal for formation includes a tax base for the
proposed district, if the proposal is approved by a majority of
the votes cast, that tax base shall be the initial tax base of
the new district.
(6) If a proposed county service district is subject to
dissolution unless a determination of public need for continued
existence is made, the ballot title shall include the fiscal year
in which dissolution will occur and statement that the district
will dissolve unless the board of directors determines that there
is a public need for continued existence.
SECTION 107. ORS 199.508 is amended to read:
199.508. (1) If the boundary commission by its final order
approves the withdrawal of a city from a district and a proposed
new tax base for the city, the withdrawal shall not take effect
unless it is also approved by the electors of the city at an
election at which the question of withdrawal and the adoption of
a new tax base is submitted to the electors. The election shall
be held on the date of the next { - regular statewide - }
{ + biennial + } primary or general election that is not less
than 40 days after the date of the adoption of the order of the
boundary commission approving the withdrawal.
(2) A minor boundary change initiated under ORS 199.490 (1)(e)
that contains a proposed new tax base for a city shall not be
submitted to the electors of the district from which the city
withdraws.
(3) The order by the city governing body calling an election
under this section shall require the city officer in charge of
elections to include on the ballot for the election a statement
of the tax base proposed for the city in the resolution for
withdrawal under ORS 199.490 (1)(e). Such statement shall comply
with the requirements of ORS 310.402.
(4) When a proposal for withdrawal of a city from a district
includes a proposed tax base for the city, the ballot title shall
clearly indicate that a single question is being proposed which
is:
(a) Whether the city shall withdraw from the district; and
(b) Whether the tax base specified in the ballot title shall be
adopted as the tax base of the city.
(5) A city governing body that orders an election under this
section shall certify the results of the election to the boundary
commission. If a majority of the electors voting on the
proposition in the election approve the withdrawal and the new
tax base already approved by the boundary commission, the
boundary commission shall proclaim the results of the election.
Upon the adoption of the proclamation, the withdrawal of the city
from the district shall take effect and the tax base approved by
the electors shall be the tax base of the city.
SECTION 108. ORS 199.519 is amended to read:
199.519. (1) Notwithstanding any different effective date
specified in ORS 199.480, 199.505 or 199.507, a boundary change
under ORS 199.410 to 199.534 shall not become effective during
the period:
(a) Beginning after the 90th day before a { + biennial primary
election, presidential + } primary { + election + } or general
election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by any city or district
involved in the boundary change and ending on the day after the
election.
(2) If the effective date established for a boundary change is
a date that is prohibited under this section, the boundary change
shall become effective on the day after the election for voting
purposes.
(3) The provisions of this section do not apply if the
territory affected by the boundary change has no registered
voters.
SECTION 109. ORS 203.035 is amended to read:
203.035. (1) Subject to subsection (3) of this section, the
governing body or the electors of a county may by ordinance
exercise authority within the county over matters of county
concern, to the fullest extent allowed by Constitutions and laws
of the United States and of this state, as fully as if each
particular power comprised in that general authority were
specifically listed in ORS 203.030 to 203.075.
(2) The power granted by this section is in addition to other
grants of power to counties, shall not be construed to limit or
qualify any such grant and shall be liberally construed, to the
end that counties have all powers over matters of county concern
that it is possible for them to have under the Constitutions and
laws of the United States and of this state.
(3) An ordinance adopted by a county governing body that
changes the number or mode of selection of elective county
officers shall not take effect unless the ordinance is submitted
to and approved by the electors of the county at a { + biennial
primary election, presidential + }primary { + election + } or
general election. However, no ordinance adopted under this
section may change the mode of selection of a county assessor.
(4) Nothing in this section shall be construed to limit the
rights of the electors of a county to propose county ordinances
through exercise of the initiative power.
SECTION 110. 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 fourth Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, the second 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 election authority no later than
47 days preceding the desired election date. At the time the
notice of election is given to the county election authority, the
county shall also file with the election 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.
(5) The county election authority in each county shall monitor
emergency elections and shall make an annual report of the number
and nature of such elections to the Secretary of State. The
report shall include copies of county resolutions and findings of
fact authorizing emergency elections that have been filed with
the county election authority under subsection (4) of this
section.
SECTION 111. ORS 203.230 is amended to read:
203.230. (1) The county court of any county which has not
adopted a county charter pursuant to ORS 203.710 to 203.770, and
in which the county judge has no judicial function, may order the
office of county judge abolished and create in lieu thereof a
third county commissioner. The order shall transfer all powers
and duties of the county court and county judge to the board of
county commissioners and, unless referred to the people, shall be
effective on the date specified therein. The order made under
this subsection may be referred to the people of the county for
their approval or rejection and, if approved, shall become
operative on the date specified in the order referred. The people
of the county shall vote on such order at a { - regular - }
{ + biennial primary election, presidential + }primary
{ + election + } or general election.
(2) If, in a year in which a county judge is to be elected in
the county, the order made under subsection (1) of this section
is to become operative:
(a) On or subsequent to the date of the { - regular - }
{ + biennial or presidential + }primary election but prior to
the { - regular - } general election, then those persons
nominated at the { + biennial or presidential + }primary
election for the office of county judge shall be candidates for
the office of county commissioner created in the order.
(b) On or subsequent to the date of the regular general
election, then the person elected to the office of county judge
shall, upon the expiration of the term of office of the county
judge holding office at the time the order was approved, take
office as the county commissioner created in the order if the
order has become operative.
(3) When the order issued under subsection (1) of this section
becomes operative, the county judge shall, until the expiration
of the term of office of the county judge, serve as the third
county commissioner. At the general election next preceding the
expiration of the term of office of the county judge there shall
be elected, in addition to the two county commissioners provided
by law for each county, one county commissioner who shall possess
the same qualifications, receive the same compensation, have the
same powers and duties, and be subject to the same provisions of
law as the other county commissioners.
(4) The person serving as county judge on the date the office
is abolished shall serve as chairman of the board of county
commissioners until the expiration of the term of office of that
person and shall have the same powers and duties and be subject
to the same provisions of law as the other county commissioners.
SECTION 112. ORS 203.710 is amended to read:
203.710. (1) The designation of county officers to perform
functions under ORS 203.710 to 203.770 extends to those officers
who, under a county charter or legislation enacted pursuant
thereto, may be designated to perform the same functions.
(2) References to the county court in ORS 203.710 to 203.770
include the board of county commissioners.
(3) As used in ORS 203.710 to 203.770, unless the context
requires otherwise, 'legally called election' means any
{ + biennial primary election, presidential + } primary
{ + election + } or general election held throughout the county.
SECTION 113. ORS 221.040 is amended to read:
221.040. (1) When a petition for incorporation described in ORS
221.031 is signed by 20 percent or, in a county with a population
over 300,000, by 10 percent, of the electors registered in the
area proposed to be incorporated, the petition shall be filed
with the county court of the county in which the proposed
petition was filed under ORS 221.031. A petition shall not be
accepted for filing unless all the signatures on the petition
were obtained within the six-month period immediately following
the date on which the petitions were filed under ORS 221.031.
Upon the filing of the petition, the county court shall fix the
time and place for the hearing of such petition and shall give
notice thereof by publication once each week for two successive
weeks in a newspaper published in the county where the petition
is filed and of general circulation within the boundaries, and by
posting the notice for the same period of time in three public
places in the area proposed to be incorporated. The notice shall
state the time and place of the hearing, describe the boundaries
set forth in the petition and state the purpose of the petition.
If any portion of the proposed incorporation of a city lies
within another county or counties, then the notice shall be
published in a newspaper of general circulation in each of the
counties and in the same time and manner.
(2) At the time and place fixed for the hearing, or at any time
and place at which the hearing may be continued or postponed, any
person interested may appear and present oral or written
objections to the granting of the petition, the forming of the
proposed incorporated city or the estimated rate of taxation set
forth in the petition. The court may alter the boundaries as set
forth in the petition to include all territory which may be
benefited by being included within the boundaries of the proposed
incorporated city, but shall not modify boundaries so as to
exclude any land which would be benefited by the formation of the
proposed city. No land shall be included in the proposed city
which will not, in the judgment of the court, be benefited. If
the court determines that any land has been improperly omitted
from the proposed city and the owner has not appeared at the
hearing, it shall continue the hearing and shall order notice
given to the nonappearing owner requiring the owner to appear
before it and show cause, if any the owner has, why the owner's
land should not be included in the proposed city. The notice
shall be given by publication and posting in the same manner as
the original notice for hearing and for the same period. For the
purposes of this subsection, 'owner' means the legal owner of
record except that if there is a vendee under a duly recorded
contract, the vendee shall be deemed to be the owner.
(3) Upon the final hearing of the petition, the court, if it
approves the petition as originally presented or in an altered
form, shall provide by order for the holding of an election
relating to the incorporation of the proposed city. The order
calling the election shall fix the date of the election on the
date of the next { - regular statewide - } { + biennial
primary election, presidential + } primary { + election + } or
general election that is not sooner than the 90th day after the
date of the order. The order shall contain:
(a) A description of the exterior boundaries of the proposed
city as determined by the court. The description shall be a metes
and bounds or legal description prepared by the county surveyor
or county assessor. The description prepared under this paragraph
shall accurately describe the exterior boundaries of the proposed
city as indicated on the map filed under ORS 221.031 (2) unless
those boundaries were altered by the county court, in which case
the description shall accurately describe the boundaries as
altered;
(b) A provision requiring the county official in charge of
elections to include on the ballot for the election a description
of the boundaries of the proposed city using streets and other
generally recognized features and a statement of the tax base and
tax rate included in the petition for incorporation of the
proposed city as required by ORS 221.031, which statement shall
comply with the requirements of ORS 310.402; and
(c) The date on which the election will be held in the proposed
city.
SECTION 114. ORS 221.180 is amended to read:
221.180. (1) This section and ORS chapters 249 and 254 govern
the manner of nominating and electing candidates for municipal
offices in all cities.
(2) Notwithstanding ORS 249.037, if a city does not hold a
{ - primary - } { + nominating + } election for municipal
offices, a nominating petition or declaration of candidacy shall
be filed not sooner than the { - 15th - } { + 250th + } day
{ - after the date of the primary election - } and not later
than the { - 70th - } { + 85th + } day before the date of the
{ - general - } { + biennial primary + } election. A
candidate who is nominated under this subsection may withdraw
candidacy under ORS 249.830.
(3) All nominating petitions and declarations of candidacy
shall be filed with the city elections officer. If the city
charter or ordinance provides a manner of filing for nomination,
a candidate for any office of that city shall file in that
manner.
SECTION 115. 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 fourth Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September { + or, as provided in ORS
254.056, the second 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 election authority no later than
47 days preceding the desired election date. At the time the
notice of election is given to the county election authority, the
city shall also file with the election 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.
(5) The county election authority in each county shall monitor
emergency elections and shall make an annual report of the number
and nature of such elections to the Secretary of State. The
report shall include copies of city resolutions and findings of
fact authorizing emergency elections that have been filed with
the county election authority under subsection (4) of this
section.
SECTION 116. ORS 222.040 is amended to read:
222.040. (1) Notwithstanding any provision of this chapter that
provides a different effective date, an annexation, transfer of
territory, consolidation or merger under this chapter, or any
removal by a city by ordinance of a newly annexed area from a
special district, shall not become effective during the period:
(a) Beginning after the 90th day before a { + biennial primary
election, presidential + } primary { + election + } or general
election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by any city, district or
other municipal corporation involved in the annexation, transfer
of territory, consolidation, merger or removal, and ending on the
day after the election.
(2) If the effective date established for an annexation,
transfer of territory, consolidation, merger or removal is a date
that is prohibited under this section, the annexation, transfer
of territory, consolidation, merger or removal shall become
effective on the day after the election.
(3) For the purposes of ORS 308.225 only, the effective date of
an annexation under ORS 222.180 shall be the date of filing of
the abstract referred to in ORS 222.180.
SECTION 117. ORS 222.250 is amended to read:
222.250. (1) After the charter commission has prepared and
adopted a charter, the secretary of the charter commission shall
file copies of the charter, certified as correct by the secretary
or two or more members of the commission, with the governing
bodies of each of the incorporated cities to be included in the
proposed city. Within 30 days after the filing the governing
bodies of the cities shall meet in joint convention, at the usual
place of meeting of the governing body of the city having the
largest population as shown by the last federal census to adopt a
ballot title for the question of consolidation and adoption of a
city charter and tax base. The ballot title shall comply with the
requirements of ORS 310.402. The tax base submitted to the
electors shall be the tax base included in the petition for
consolidation filed under ORS 222.230.
(2) The election shall be held on the date of the next
{ - regular statewide - } { + biennial primary election,
presidential + } primary { + election + } or general election
that is not earlier than the 90th day after the filing. The
election shall be called and held for the purpose of submitting
the following question to the electors of each incorporated city
and of each unincorporated area to be included in the proposed
city:
(a) Whether an incorporated city shall be created consisting of
the largest city proposed to be included therein, of each other
incorporated city whose electors vote to create the proposed
city, and of each unincorporated area in which the electors vote
to create the proposed city;
(b) Whether the charter proposed by the charter commission
shall be adopted as the charter for the city; and
(c) Whether the tax base included in the petition for
consolidation filed under ORS 222.230 shall be adopted as the
initial tax base of the new city.
(3) If the governing bodies cannot agree at the joint
convention upon a date and a ballot title for the election, the
county court of the county in which is located the administrative
office of the city having the largest population of all cities
proposed to be included in the consolidated city, by resolution
duly adopted by the county court, shall determine a date and
adopt a ballot title. The election in that case shall be called
by the county court for the purposes provided in the petitions
and ORS 222.210 to 222.310.
(4) The statement of chief purpose in a ballot title for an
election under this section shall include a general description
of the boundaries of the proposed city. The description shall use
streets and other generally recognized features and name the
cities proposed to be included in the consolidated city.
Notwithstanding ORS 250.035, the statement of chief purpose shall
not exceed 150 words.
(5) Not later than the 61st day before the date of the
election, the officer performing the duties of clerk of the joint
convention or the county court shall file the ballot title with
the county clerk of the county in which is located the
administrative office of the city having the largest population
of all cities proposed to be included in the consolidated city.
The ballot title may be challenged in the manner provided for
county measures in ORS 250.195.
SECTION 118. ORS 241.002 is amended to read:
241.002. (1) If the majority of electors of any county voting
at a { - regular - } general election pursuant to ORS 241.006
approve a proposal to establish, substitute or amend a system of
civil service under which county employees shall be employed, the
system or amendments to an existing system of civil service
approved by the electors shall apply to such county.
(2) If ORS 241.020 to 241.990 become applicable in a county, '
board of county commissioners' as used in ORS 241.020 to 241.990
means the county court of a county which does not have a board of
county commissioners.
(3) If ORS 242.702 to 242.824 become applicable in a county, '
governing body' as used in ORS 242.702 to 242.824 means the board
of county commissioners or county court of a county, as the case
may be.
SECTION 119. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the State System of
Higher Education and the President and Vice Presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Department of Human Resources.
(L) Director of the Department of Consumer and Business
Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of Public Employes' Retirement Board.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
(W) Director of Oregon Office of Educational Policy and
Planning.
(X) Director of the Department of Energy.
(Y) Director and each assistant director of the Oregon State
Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof established under ORS
198.705 to 198.955 or 268.100 to 268.190.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Economic Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employes' Retirement Board.
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) Housing, Educational and Cultural Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By { - April 15 - } { + August 15 + } next after the
filing date for the { - statewide - } { + biennial + }
primary election, each candidate for elective public office
described in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(4) Within 30 days after the filing date for the
{ - statewide - } general election, each candidate for elective
public office described in subsection (1) of this section who was
not a candidate in the preceding { - statewide - }
{ + biennial + } primary election { - , - } shall file with
the commission a statement of economic interest as required under
ORS 244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
SECTION 120. ORS 244.201 is amended to read:
244.201. (1) This section establishes the procedure for
submitting at an election:
(a) The question whether public officials of a city, as defined
in ORS 244.180, shall be required to file a statement of economic
interest with the Oregon Government Standards and Practices
Commission.
(b) The question whether public officials of a county, as
defined in ORS 244.190, shall be required to file a statement of
economic interest with the commission.
(2) Upon receipt of a petition filed as provided in this
section, the governing body of a city or county shall submit the
question at the next { + biennial + } primary { + election + }
or general election.
(3) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an
initiative petition:
(a) In the case of a city, in ORS 250.265 to 250.346.
(b) In the case of a county, in ORS 250.165 to 250.235.
(4) If ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to
a city or if ORS 250.155 makes ORS 250.165 to 250.235
inapplicable to a county, the requirements for preparing,
circulating and filing a petition under this section shall be as
provided for an initiative petition under the city or county
charter or an ordinance adopted under the city or county charter.
(5) The ballot title for a question submitted to election under
this section must specify the public officials of the city, as
defined in ORS 244.180, or of the county, as defined in ORS
244.190.
(6) If a question under this section appears on both city and
county ballots the votes cast in each city and in each county
shall be counted, canvassed, returned and declared separately for
each city and county.
(7) The results of any question submitted to election under
this section shall be forwarded by the city recorder or county
clerk to the Oregon Government Standards and Practices Commission
not later than January 1 next following the election.
SECTION 121. ORS 261.171 is amended to read:
261.171. (1) Upon its own resolution, the county governing body
may, and upon receipt of an electors' petition or resolution of
the governing body of a district or municipality which the county
governing body finds to be in compliance with this chapter shall,
at the earliest practical date submit the question of district
formation, annexation or consolidation and, if for formation, the
question of a special levy, to the electors within the affected
territory at a special election. The special election may be held
on the same date as a biennial { - regular - } primary or
general election.
(2) The notice of the election shall state the purpose of the
election, describe in general terms the boundaries of the
affected territory and in all other respects comply with the
general laws of this state governing the time and manner of
holding elections.
(3) The county governing body shall call no more than one
election for formation of a district comprising substantially the
same area within the same calendar year.
SECTION 122. ORS 261.190 is amended to read:
261.190. (1) At all elections where the creation of a district
is authorized, five directors shall be elected to manage and
transact the business of the district.
(2) Candidates for the office of director must be electors of
this state, must have resided in the proposed district
continuously for not less than two years next preceding the date
of the election, and must continue to reside in the district
during their term of office.
(3) All electors of the proposed district shall have the right
to vote for five candidates at the election.
(4) The five candidates receiving the highest number of votes
in the area approved by the electors and declared by the county
governing body to be a district shall be elected to serve until
the first Monday in January after the first { - regular
biennial - } general election which occurs not less than one year
following the election to create the district, and until their
successors are elected and qualified.
SECTION 123. ORS 261.355 is amended to read:
261.355. (1) For the purpose of carrying into effect the powers
granted in this chapter, any district may issue and sell revenue
bonds, when authorized by a majority of its electors voting at
any { - general - } { + biennial primary election,
presidential + } primary { + election + } or general election or
special election.
(2) All revenue bonds issued and sold under this chapter shall
be so conditioned as to be paid solely from that portion of the
revenues derived from the district by the sale of water,
waterpower and electric energy, or any of them, or any other
service, commodity or facility which may be produced, used or
furnished in connection therewith, remaining after paying from
those revenues all expenses of operation and maintenance,
including taxes.
(3) Notwithstanding subsection (1) of this section and subject
to subsection (4) of this section, any district may, by a duly
adopted resolution of its board, issue and sell revenue bonds for
the purpose of betterments and extensions within the existing
boundaries of the district, but the amount so issued shall be
limited to the reasonable value of the betterments and extensions
plus an amount not to exceed 10 percent thereof for
administrative purposes. Revenue bonds shall not be issued and
sold for the purpose of acquiring an initial utility system or
acquiring property or facilities owned by another entity that
provides electric utility service without first obtaining the
affirmative vote of the electors within the district.
(4) Not later than the 30th day prior to a board meeting at
which adoption of a resolution under subsection (3) of this
section will be considered, the district shall:
(a) Provide for and give public notice, reasonably calculated
to give actual notice to interested persons including news media
which have requested notice, of the time and place of the meeting
and of the intent of the board to consider and possibly adopt the
resolution; and
(b) Mail to its customers notice of the time and place of the
meeting and of the intent of the board to consider and possibly
adopt the resolution.
(5) Any authorizing resolution adopted for the purposes of
subsection (3) of this section shall provide that electors
residing within the district may file a petition with the
district asking to have the question of whether to issue such
bonds referred to a vote.
(6) If within 60 days after adoption of a resolution under
subsection (3) of this section the district receives petitions
containing valid signatures of not fewer than five percent of the
electors of the district, the question of issuing the bonds shall
be placed on the ballot at the next date on which a district
election may be held under ORS 255.345 (1).
(7) When petitions containing the number of signatures required
under subsection (6) of this section are filed with the district
within 60 days after adoption of a resolution under subsection
(3) of this section, revenue bonds shall not be sold until the
resolution is approved by a majority of the electors of the
district voting on the resolution.
(8) Any district issuing revenue bonds may pledge that part of
the revenue which the district may derive from its operations as
security for payment of principal and interest thereon remaining
after payment from such revenues of all expenses of operation and
maintenance, including taxes, and consistent with the other
provisions of this chapter.
(9) Prior to any district board taking formal action to issue
and sell any revenue bonds, the board shall have on file with the
secretary of the district a certificate executed by a qualified
engineer that the net annual revenues of the district, including
the property to be acquired or constructed with the proceeds of
the bonds, shall be sufficient to pay the maximum amount that
will be due in any one fiscal year for both principal of and
interest on both the bonds then proposed to be issued and all
bonds of the district then outstanding.
(10) The district shall order an election for the authorization
of revenue bonds to finance the acquisition or construction of an
initial utility system as early as practicable under ORS 255.345
after filing the certificate required under subsection (9) of
this section. An election under this subsection shall be held no
more than twice in any one calendar year for any district. In
even-numbered years no election shall be held on any other date
than the date of the { - regular - } { + biennial primary
election, presidential + } primary { + election + } or general
{ - elections - } { + election + }.
SECTION 124. ORS 261.360 is amended to read:
261.360. (1) When authorized by a majority of its electors
voting at any { - general - } { + biennial primary election,
presidential + } primary { + election + } or general election or
at a special election, at which special election not less than 25
percent of the electors of the district voted on the question,
any district may issue and sell general obligation bonds so
conditioned that the district shall therein and thereby
unconditionally undertake, promise and agree to pay the same in
whole or in part from revenue or from taxes or both.
(2) The general obligation bonds of the district outstanding at
any time shall not exceed two and one-half percent (.025) of the
real market value of all taxable property within the limits of
the district.
(3) General obligation bonds may be made payable primarily from
and secured by a lien on and pledge of the revenues derived by
the district from its operations remaining after paying from such
revenues all expenses of operation and maintenance, and
secondarily from taxes.
SECTION 125. ORS 261.710 is amended to read:
261.710. (1) The dissolution election may be called by the
board of directors on their own motion or by a petition filed
with the directors of the district, signed by electors of the
district equal in number to not less than three percent of the
total number of votes cast for all candidates for Governor in the
district at the most recent election at which a candidate for
Governor was elected to a full term, requesting the directors of
the district to submit to the electors of the district the
proposition of dissolving the district and settling its affairs.
(2) The petition shall be referred to the county clerk of each
county wherein the district or any part thereof is located. The
county clerk of each of such counties shall examine the purported
signatures on the petition of electors of the county and shall
certify as to the regularity and sufficiency thereof. Where the
district is located in more than one county, the certificate of
the county clerk of each county as to the regularity of the
signatures on the petition shall be filed with the Secretary of
State, who shall accept the certificates by the county clerks as
to the regularity of the signatures, and based thereon, shall
certify as to the sufficiency of all signatures on the petition.
Whenever a dissolution petition has been certified as sufficient,
the certificate of sufficiency with copy of the petition shall be
transmitted to the directors of the district, who shall
immediately call an election to be held concurrently with
{ - any - } { + a biennial primary election, presidential + }
primary { + election + } or general election.
(3) If a majority of the electors of the district, voting at
the election, votes in favor of dissolution, the directors shall
issue their proclamation dissolving the district and shall file
the proclamation in the office of the county clerk of the county
wherein the district is located.
(4) The district shall thereafter continue to exist solely for
the purpose of settling its affairs as provided in ORS 261.715 to
261.730.
SECTION 126. ORS 267.208 is amended to read:
267.208. (1) An alteration of the boundaries of a district
under ORS 267.207 or 267.250 to 267.263 shall not become
effective during the period:
(a) Beginning after the 90th day before a { + biennial primary
election, presidential + } primary { + election + } or general
election and ending on the day after the election; or
(b) Beginning after the deadline for filing the notice of
election before any other election held by the district and
ending on the day after the election.
(2) If the effective date established for the alteration of the
boundaries is a date that is prohibited under this section, the
alteration shall become effective on the day after the election.
(3) For the purposes of ORS 308.225 only, the effective date of
an alteration of district boundaries shall be the date on which
the board adopts the ordinance altering the boundaries or, if
such an ordinance is initiated or referred, the date on which the
ordinance is approved by the electors as provided in ORS 267.207.
SECTION 127. ORS 268.150 is amended to read:
268.150. (1) The governing body of a district shall be a
council consisting of 13 part-time councilors, each elected on a
nonpartisan basis from a single subdistrict within the boundaries
of the metropolitan service district. Each councilor shall be a
resident and elector of the subdistrict from which the councilor
is elected and shall not be an elected official of any other
public body. Each councilor shall be a resident of the
subdistrict from which the councilor is elected for not less than
one year before taking office. The term of office for a councilor
shall be four years beginning on the first Monday in January of
the year next following the election. Councilors shall be divided
into two classes so that one-half, as nearly as possible, of the
number of councilors shall be elected biennially. A vacancy in
office shall be filled by a majority of the remaining members of
the council. The councilor, before taking office, shall take an
oath to support the Constitution of the United States, and the
Constitution and laws of this state. Candidates for councilor
positions shall be nominated and elected at the { + biennial + }
primary { + election + } and general
{ - elections - } { + election + } as provided in subsection
(6) of this section.
(2) The council shall by legislative enactment reapportion the
subdistricts after the data of each United States decennial
census are compiled and released. The reapportionment shall
provide for substantially equal population in each subdistrict.
Area within each subdistrict shall be contiguous. In apportioning
subdistricts the council shall give consideration to existent
precincts, maintaining historic and traditional communities and
counties as opposed to following existent city or special
district boundaries or the political boundaries of state
representative or state senate election districts except when
these political boundaries coincide with natural boundaries. Any
councilor whose term continues through the { + biennial + }
primary election following reapportionment shall be specifically
assigned to a subdistrict. The reapportionment shall be enacted
by a vote of a majority of the members of the council and shall
be effective upon its enactment. The reapportionment shall become
operative on the 250th day before the date of the next
{ + biennial + } primary election.
(3) Upon the petition of any elector of the district filed with
the Supreme Court not later than the 45th day after the enactment
date of reapportionment, original jurisdiction is vested in the
Supreme Court to review the reapportionment and the record made
by the council. If the Supreme Court determines that the
reapportionment thus reviewed complies with subsection (2) of
this section, it shall dismiss the petition. If the Supreme Court
determines that the reapportionment does not comply with
subsection (2) of this section, the reapportionment shall be
void. The Supreme Court shall return the reapportionment to the
council accompanied by a written opinion specifying with
particularity how the reapportionment fails to comply. The
opinion shall further direct the council to correct the
reapportionment in those particulars, and in no others, and file
the corrected reapportionment with the Supreme Court. The Supreme
Court shall review the corrected reapportionment when received to
assure its compliance with subsection (2) of this section and may
further correct the reapportionment if the court considers
correction to be necessary. When the Supreme Court requires
correction of a reapportionment under this subsection, the
corrected reapportionment shall become operative on the 250th day
before the date of the next { + biennial + } primary election.
(4) For the purposes of section 18, Article II { - ,
Oregon - } { + of the + } Constitution { + of the State of
Oregon + }, a councilor whose term continues through the
next { + biennial + } primary election following a
reapportionment is subject to recall by the electors of the
subdistrict to which the councilor is assigned and not by the
electors of the subdistrict existing before the latest
reapportionment.
(5) For the purposes of filling a vacancy in office under
subsection (1) of this section, the vacancy shall be deemed to
have occurred in the subdistrict to which the councilor is
assigned and not the subdistrict existing before the latest
reapportionment. This subsection shall apply only to a vacancy in
office occurring after the { + biennial + } primary election
next following a reapportionment and before a person has been
elected and qualified to fill the vacancy.
(6) ORS chapters 249 and 254, relating to the nomination and
election of nonpartisan candidates for office, apply to the
nomination and election of councilors except as provided in
subsection (1) of this section and except that a candidate shall
be nominated from the subdistrict in which the candidate resides.
The number of signatures within the subdistrict required for a
nomination is that required under ORS 249.072 (2), but the
requirement that the petition contain signatures of persons
residing in a number of precincts shall not apply.
SECTION 128. ORS 268.710 is amended to read:
268.710. (1) The electors of any metropolitan service district,
by majority vote of such electors voting thereon at any legally
called election, may adopt, amend, revise or repeal a charter for
the district. The charter, or legislation passed by the district
pursuant thereto, shall provide a method whereby the electors of
the district, by majority vote of such electors voting thereon at
any legally called election, may amend, revise or repeal the
charter.
(2) A charter of a metropolitan service district shall
prescribe the organization of the district government and shall
provide directly, or by its authority, for the number, election
or appointment, qualifications, tenure, compensation, powers and
duties of such officers as the district considers necessary. Such
officers shall among them exercise all the powers and perform all
the duties, as granted to, imposed upon or distributed among
district officers by the Constitution or laws of this state, by
the district charter or by its authority.
(3) As used in this section, 'legally called election ' means
an election held on the same date as { - any - } { + a + }
biennial primary { + election + } or { - regular - } general
election held throughout this state.
SECTION 129. ORS 287.056 is amended to read:
287.056. (1) After the public hearing required by ORS 287.055,
if the governing body decides to proceed with the proposal it
shall submit the question of issuing and selling bonds at an
election on a date specified in ORS 203.085. The order calling
the election shall set forth:
(a) The use to which the proceeds of the bonds are to be put.
(b) That the bonds shall be general obligation bonds of the
county.
(c) The amount of bonds proposed to be issued.
(d) The length of time, not to exceed 30 years, during which
the bonds shall mature.
(2) The governing body shall file with the county clerk a
notice of an election called under this section not later
than { + :
(a) The 40th day before the date of an election held on the
date of the general election; or
(b) + } The 61st day before { - the - } { + any other
+ }election.
(3) The statement of the chief purpose of the measure in the
ballot title shall include the information required in subsection
(1) of this section.
SECTION 130. ORS 293.655 is amended to read:
293.655. Twenty days prior to any election at which any
legislative or constitutional measure involving the raising or
expenditure of funds by the state is to be submitted to the
people of the state by initiative or referendum, and in any
event, 20 days prior to each { - regular - } general
{ - biennial - } election, there shall be prepared and made
public, a condensed, understandable and impartial statement
showing the anticipated state General Fund requirements, revenues
and balances under existing laws for the whole of the fiscal
biennium then current. There shall be attached to any such
statement an exhibit containing a brief, understandable and
impartial written explanation of:
(1) The statement for the biennium then current.
(2) The fiscal changes anticipated for the following biennium.
(3) Other matters deemed desirable to advise the public of the
current and anticipated condition of the finances of the state.
Each statement and exhibit shall be prepared and certified by the
Oregon Department of Administrative Services and the Department
of Revenue and approved by the Governor.
SECTION 131. ORS 310.402 is amended to read:
310.402. (1) Under subsection (5), section 11, Article XI of
the Oregon Constitution, tax base elections shall be held only at
a { - regular statewide general or - } { + biennial
+ }primary election { + or general election + }.
(2) For purposes of subsection (3) of section 11a, Article XI
of the Oregon Constitution, tax base elections for a school
district, as defined in ORS 328.715 and for which a tax base may
be established, shall be held in any year, but only on the third
Tuesday in May.
(3) The ballot title for a tax base election shall comply with
ORS 310.390 and shall specify in dollars and cents the amount of
tax base in effect during the current fiscal year in which the
election occurs and the amount of tax base in dollars and cents
submitted to the electors for approval. The governing body of the
municipal corporation holding the tax base election shall prepare
and file a ballot title with the county clerk not later than the
date specified in the election law applicable to the particular
municipal corporation. The county clerk shall give notice of the
election as provided in the general election laws.
(4) As used in this section, 'municipal corporation' has the
meaning given that term by ORS 294.311 (19).
SECTION 132. ORS 316.102 is amended to read:
316.102. (1) A credit against taxes shall be allowed for
voluntary contributions in money made in the taxable year:
(a) To a major political party as { - described - }
{ + defined + } in ORS 248.006 or to a committee thereof or to a
minor political party as defined in ORS 248.008 { + or to a
committee thereof + }.
(b) { + Except as provided in subsection (4) of this
section, + } to or for the use of a person who must be a
candidate for nomination or election to a federal, state or local
elective office in any { + biennial primary election,
presidential + } primary { + election + }, general { +
election + } or special election in this state. The person must,
in the calendar year in which the contribution is made, either be
listed on a { + biennial primary election, presidential + }
primary { + election + }, general { + election + } or special
election ballot in this state or have filed in this state one of
the following:
(A) A prospective petition;
(B) A declaration of candidacy;
(C) A certificate of nomination; or
(D) A designation of a principal campaign committee.
{ - (c) To any trust, committee, association or organization
(whether or not incorporated) organized and operated exclusively
for any part or all of the following purposes: - }
{ - (A) Influencing, or attempting to influence, the
nomination or election of one or more individuals who are
candidates for nomination or election to any federal, state or
local elective public office to be voted upon within this state
if used by the trust, committee, association or organization to
further the candidacy of an individual or individuals for
nomination or election to such office; or - }
{ - (B) Supporting or opposing ballot measures or questions
to be voted upon within this state if the trust, committee,
association or organization has certified the name of its
political treasurer to the filing officer in the manner provided
by law. - }
{ + (c) To a political committee, as defined in ORS 260.005,
organized and operated exclusively to support or oppose ballot
measures or questions to be voted upon within this state if the
political committee has certified the name of its treasurer to
the filing officer, as defined in ORS 260.005, in the manner
provided in ORS chapter 260. + }
(2) The credit allowed by subsection (1) of this section shall
be the lesser of:
(a) The total contribution, not to exceed $50 on a separate
return; the total contribution, not to exceed $100 on a joint
return; or
(b) The tax liability of the taxpayer.
(3) The claim for tax credit shall be substantiated by
submission, with the tax return, of official receipts of the
candidate, agent, { - trust, - } { + political party or
committee thereof or political + } committee { - , association
or organization - } to whom contribution was made.
{ + (4) A credit against taxes shall not be allowed under
this section for voluntary contributions of money made in the
taxable year to a candidate for statewide office or the office of
state Senator or state Representative if the candidate has not
filed a declaration of limitation on expenditures under section
6, chapter 1, Oregon Laws 1995 (Measure No. 9), for each election
at which the candidate is a candidate for nomination or election
indicating that the candidate will not make attributable
expenditures in excess of the applicable limitations described in
section 6, chapter 1, Oregon Laws 1995 (Measure No. 9).
(5) As used in this section, 'statewide office' means the
office of Governor, Secretary of State, State Treasurer, Attorney
General, Superintendent of Public Instruction or Commissioner of
the Bureau of Labor and Industries.
+ } { + SECTION 133. + } ORS 328.725 is amended to read:
328.725. (1) If, on September 28 of the fiscal year, in the
judgment of a school district board, the school district does not
have sufficient resources to fund school operations necessary to
meet the requirements for a standard school for that year, the
school district board must determine, as provided under ORS
328.735, the amount of the levy authorized under section 11a,
Article XI, Oregon Constitution, and then shall certify a levy
within the amount so determined and give notice of levy to the
appropriate county assessor as provided under ORS 328.745.
(2)(a) A school district board that has not adopted, by the
date specified in paragraph (b) or (c) of this subsection, a
budget that includes as resources only available resources, must
revise its budget, in the manner provided under ORS 294.435 (6),
including as resources any revenues from the levy determined and
certified under subsection (1) of this section, adjusting
budgeted resources and reducing appropriations, if necessary, in
the manner that will permit school operations necessary to meet
the requirements for a standard school for the budget year.
(b) A school district required to determine and certify a levy
under subsection (1) of this section shall adopt a budget
pursuant to paragraph (a) of this subsection by September 28 of
the budget year.
(c) A school district other than a school district described in
paragraph (b) of this subsection shall adopt a budget pursuant to
paragraph (a) of this subsection by November 15 of the budget
year.
(3) Notwithstanding ORS 255.345 and 255.355, a school district
that is required to determine and certify a levy under subsection
(1) of this section shall not submit a question of a levy outside
its tax base for operating purposes that may be levied in the
current fiscal year after the third Tuesday in September { + or,
as provided in ORS 254.056, the second Tuesday in September + }.
SECTION 134. ORS 333.510 is amended to read:
333.510. (1) Upon the petition of not less than 20 percent of
the electors of a county school district, or by referral to the
electors by the county court, or by referral to the electors by
the school board, the county court, at a { - general or at
a - } { + biennial primary election, presidential + } primary
election { + or general election + }, shall submit to the
electors of the county the question whether the county unit
system of public schools shall be discontinued in the county and
be replaced by the system specified in the ballot measure. If a
majority of the votes cast is in favor of discontinuing the
county unit system and creating a new system:
(a) The county court shall declare the question approved;
(b) The system shall be discontinued in the county from and
after the second June 30 next following the election; and
(c) The system specified in the ballot measure shall replace
the discontinued system on the second July 1 next following the
election.
(2) When an election to discontinue the county unit system has
been held, no election for the same purpose shall be held within
a period of six years from the date of the last election.
Whenever any county adopts the county unit system, no election
shall be held in such county to discontinue the county unit
system for a period of six years from the date of the election at
which the county unit system was adopted.
(3) At the same time as it submits the question described in
subsection (1) of this section, the county court may also submit
the question of a tax base or bases for the system proposed. If
the county court does not submit the tax base question at that
election, it may submit the question of an operating levy to the
electors of each newly created school district in the years
following the { + biennial primary election, presidential + }
primary { + election + } or general election to be effective in
the year the district commences operation.
SECTION 135. ORS 334.450 is amended to read:
334.450. (1) Whether an education service district to which ORS
334.350 to 334.400 applies shall discontinue the financial
operating procedure provided under ORS 334.350 to 334.410 and
adopt instead the alternative procedure under ORS 334.270 shall
be decided by election as provided in this section.
(2) The board of an education service district to which
subsection (1) of this section applies:
(a) May order the election on its own resolution.
(b) Shall order the election when a petition is filed as
provided in this section.
(3) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an
initiative petition under ORS 255.135 to 255.205.
(4) If the question under subsection (1) of this section is
submitted to election, the board also may submit at the same
election the question whether the education service district
shall have a tax base as will enable it to make a levy in the
next succeeding year in the amount required by ORS 334.270.
However, if a tax base is to be created the election must be held
at a
{ - regular statewide general or - } { + biennial + } primary
election { + or general election + }.
SECTION 136. ORS 334.725 is amended to read:
334.725. (1) When one education service district proposing
consolidation has a population of 550,000 or more, according to
the latest federal census, the election under ORS 334.720 shall
be held on the date of the { + biennial or presidential + }
primary election and the election held in all proposing education
service districts shall be held pursuant to ORS 332.138 but the
votes in each education service district shall be counted
separately.
(2) The new district formed under this section shall come into
existence effective May 31 of the year following the election.
(3) The laws applicable to an education service district with a
population of 550,000 or more, according to the latest federal
census, shall apply to new districts formed under this section.
SECTION 137. ORS 341.085 is amended to read:
341.085. (1) An election for the purpose of presenting the
question of formation of a district and establishing a tax base
or authorizing a serial levy therefor, or both, and the
boundaries of the zones, if the zones were recommended by the
state board, shall be held to submit the question to the electors
registered in the proposed district designated in the
recommendation of the state board. The election shall be held not
sooner than the 90th day after the effective date of the
appropriation required by ORS 341.102. The election date shall be
uniform throughout the proposed district, and shall be set by the
state board on a date specified in ORS 255.345. However, if the
question of establishing a new tax base is to be submitted, the
election must be held on the same date as the next
{ - regular - } { + biennial or presidential + } primary
{ - statewide - } election or the next { - regular biennial
statewide - } general election, as determined by the state
board.
(2) ORS chapter 255 and ORS 310.330 to 310.395 govern the
notice and conduct of an election under this section. The state
board shall be the district election authority for an election
conducted under this section. Notwithstanding ORS 255.305, the
state board shall pay the expenses incurred for the election.
(3) An elector registered in a precinct or in the portion of a
precinct which is located within the boundaries of the proposed
district may vote on any matter arising at the election under
subsection (1) of this section.
SECTION 138. ORS 358.375 is amended to read:
358.375. (1) In the case of a city museum, and when authorized
by the electors of the city voting at a { + biennial primary
election, presidential + } primary election or general election,
the governing body may issue general obligation or revenue bonds
of the city for the purpose of providing all or part of the funds
necessary to acquire a museum site or sites and to construct the
museum.
(2) In the case of a joint city museum, and when authorized by
the electors of the two or more cities voting at a { + biennial
primary election, presidential + } primary election or general
election, each city council of the two or more respective cities
may issue general obligation bonds or revenue bonds of each of
the two or more respective cities for the purpose of providing
such portion of the funds necessary to acquire a museum site or
sites and to construct the museum as is determined by the
governing body.
SECTION 139. ORS 607.025 is amended to read:
607.025. When, at the request of the petitioners, the election
is to be held on a day other than one on which a
{ - regular - } { + biennial primary election,
presidential + } primary { + election + } or general election is
scheduled to be held, and if the request is approved by the
county court or board of county commissioners, one or more of the
petitioners shall deposit money with the county clerk in an
amount to be fixed by the county court or board of county
commissioners, which shall be a sum deemed by it sufficient to
defray the probable expenses of the special election. Until the
money is deposited, the county clerk shall neither take action
nor incur expense in connection with the special election. If the
amount deposited exceeds the total expenses of the election, as
ascertained by the county clerk and certified by the county clerk
to the county court or board of county commissioners, the excess
shall be returned to the petitioner or petitioners who deposited
the money.
SECTION 140. ORS 777.326 is amended to read:
777.326. (1) This section applies when an annexation would
increase the area of a port by one-half or more, or would
increase the assessed value of taxable property within a port by
one-half or more. An annexation proposal subject to this section,
if approved by the county board, shall be submitted to the
electors at an election which shall be held at the same time as a
{ - statewide general or - } { + biennial primary election,
presidential + } primary election { + or general election + }.
At the same election the board shall submit to the electors a
proposed new tax base.
(2) When the county board orders an election on the annexation
proposal, the board shall adopt an order dividing or redividing
the area of the port, including the territory annexed, into five
subdistricts. The boundaries of the subdistricts shall be
determined in accordance with ORS 777.155 and shall be described
in the order calling the election on the proposed annexation.
(3) At the first regular district election following the
effective date of the annexation, one commissioner from each of
the five subdistricts established under subsection (2) of this
section shall be elected. The terms of the incumbent
commissioners shall terminate and the terms of the commissioners
elected under this subsection shall commence as provided in ORS
777.160.
(4) If the annexation is approved, the order proclaiming the
annexation shall also describe the boundaries of the subdistricts
established as provided by subsection (2) of this section.
SECTION 141. { + The amendments to ORS 316.102 by section 19,
chapter 1, Oregon Laws 1995 (Measure No. 9), are repealed. + }
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