Chapter 318 Oregon Laws 1999

Session Law

AN ACT

SB 368

Relating to elections; creating new provisions; amending ORS 198.430, 198.750, 198.765, 198.770, 221.031, 247.290, 247.296, 248.008, 249.013, 249.061, 249.180, 249.205, 249.740, 249.865, 250.045, 250.127, 250.165, 250.265, 251.026, 251.036, 251.065, 251.075, 251.095, 251.115, 251.165, 251.175, 251.185, 251.245, 251.255, 251.285, 253.065, 253.575, 254.485, 254.500, 254.565, 255.135, 255.295, 258.161, 258.171, 260.005, 260.174, 260.695, 260.715, 260.993, 261.115, 357.231 and 545.025; and repealing ORS 247.991, 253.995 and 254.305 and section 29, chapter 410, Oregon Laws 1999 (Enrolled Senate Bill 1178).

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 247.290 is amended to read:

247.290. (1) An elector shall update a registration if:

(a) The residence address of the elector is changed for any reason within the county in which the elector is registered, except as provided in subsection (3) of this section.

(b) The elector desires to change or adopt a political party affiliation.

(d) The name of the elector is changed except as provided in ORS 254.411.

(2) [The elector shall update a registration in the same manner as original registration.] A registration may be updated by an elector in the same manner as an original registration or by the county clerk as provided in this chapter.

(3) Notwithstanding subsection (1) of this section:

(a) An elector need not update a registration if:

(A) The United States Postal Service or a city or county changes the residence or mailing address of the elector and the residence of the elector has not been relocated; or

(B) The registration of the elector has been updated by the county clerk under ORS 247.292, 247.294 or 247.296.

(b) An elector whose mailing address has changed but whose residence address has not changed, and whose registration has not been canceled, may vote once in the precinct in which the elector is registered. The following apply:

(A) The election board clerk shall enter into the poll book the fact that the elector's mailing address has changed. Following the election, the county clerk shall send the elector the notice described in ORS 247.563 and the registration of the elector shall be considered inactive.

(B) The registration of an elector whose mailing address has changed must be updated in order for the elector to vote in any subsequent election.

SECTION 2. ORS 247.296 is amended to read:

247.296. (1) The county clerk shall use records of the United States Postal Service relating to ballots issued by mail to verify the accuracy of addresses of electors contained in the registration file of the county clerk.

(2) Based on information obtained under subsection (1) of this section, the county clerk shall automatically update the registration of an elector under ORS 247.292 or mail a notice described in ORS 247.563.

(3) The registration of an elector shall not be canceled [or moved to an inactive file] during the 90-day period prior to any primary or general election based on information obtained under this section.

SECTION 3. ORS 249.180 is amended to read:

249.180. Any person who has been nominated at a 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 election with the officer with whom the candidate's declaration of candidacy or nominating petition was filed.

SECTION 4. ORS 249.205 is amended to read:

249.205. (1) 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 day before the nominating election and on or before the 62nd day before the general election, a candidate for the office may file a declaration of candidacy in the manner provided for nonpartisan office or shall be nominated by nominating petition in the manner provided for nonpartisan office.

(2) The Secretary of State by rule may adopt a schedule for filing nominating petitions or declarations of candidacy under this section. The schedule may specify the period within which nominating petitions or declarations of candidacy must be filed after a vacancy occurs.

SECTION 5. Sections 6 to 8 of this 1999 Act are added to and made a part of ORS chapter 251.

SECTION 6. (1) If a special election or special primary election is held under ORS 188.120 for the purpose of filling a vacancy in election or office of United States Senator or Representative in Congress, or for nominating a candidate of each major political party to fill the vacancy, the Secretary of State shall prepare a voters' pamphlet for each election.

(2) A voters' pamphlet prepared under subsection (1) of this section shall contain information about the candidates for nomination or election to the office of United States Senator or Representative in Congress at the special election or special primary election.

SECTION 7. The Secretary of State by rule shall prescribe the size, format and method of distribution of any state voters' pamphlet, subject to the limits described in this chapter.

SECTION 8. (1) A candidate or agent on behalf of the candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait or statement for inclusion in the state voters' pamphlet under ORS 251.065 if a county voters' pamphlet described in ORS 251.305 to 251.435 is not prepared for the election in each county in which the electoral district of the candidate is located.

(2) A county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, shall be included in the state voters' pamphlet as provided in ORS 251.285, if a county voters' pamphlet described in ORS 251.305 to 251.435 is not prepared:

(a) For the election on the county measure; or

(b) In each county in which the metropolitan service district is located, for the election on the metropolitan service district measure.

(3) If a county voters' pamphlet described in ORS 251.305 to 251.435 is prepared for an election at which a candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, is listed on the ballot, or at which a county measure or a measure of a metropolitan service district organized under ORS chapter 268 is listed on the ballot, the county voters' pamphlet shall include the county or city office, the office of the metropolitan service district or the county measure or measure of the metropolitan service district. Such offices and measures shall not be included in any state voters' pamphlet prepared for the election and distributed in the county for which the county voters' pamphlet is prepared.

(4) If a city or metropolitan service district organized under ORS chapter 268 is located in more than one county, and a county in which the city or metropolitan service district is located does not prepare a county voters' pamphlet described in ORS 251.305 to 251.435 for the election, candidates for nomination or election to any city office or an elected office of the metropolitan service district, and any measure of the metropolitan service district, shall be included in the state voters' pamphlet to be distributed to the county that does not prepare a county voters' pamphlet. The Secretary of State shall designate the candidates and measures that may be included in the state voters' pamphlet under this subsection.

SECTION 9. ORS 251.026 is amended to read:

251.026. (1) The Secretary of State shall prepare and have printed in the [state biennial primary election and general election] voters' pamphlet for the state biennial primary election, the general election and any special election described in section 6 of this 1999 Act a statement containing [the following information], if applicable:

(a) Requirements for a citizen to qualify as an elector.

(b) When an elector is required to register or update a registration.

(d) How an elector may obtain a certificate of registration.

(e) In the voters' pamphlet for the biennial primary election, a statement of the duties and responsibilities of a precinct committeeperson to be elected at the biennial primary election.

(f) Any other information the Secretary of State considers relevant to the conduct of the 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 10. ORS 251.065 is amended to read:

251.065. [(1) Not later than the 68th day before the biennial primary election, any candidate for nomination or election at the biennial primary election to the office of United States Senator, Representative in Congress, any state office other than justice of the peace, any county, city or legislative office, or an elected office of a metropolitan service district organized under ORS chapter 268, 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.]

[(2) Not later than the 70th day before the general election, any candidate for election at the 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, any county, city or legislative office, or an elected office of a metropolitan service district organized under ORS chapter 268, 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 elected.]

[(3) The Secretary of State by rule shall establish the format and length of the statement permitted under this section.]

[(4) A portrait or statement filed under this section shall be accompanied by a telephone or electronic facsimile transmission machine number where the candidate may be contacted for purposes of ORS 251.087.]

(1) Not later than the 68th day before the biennial primary election, any candidate or agent on behalf of the candidate for nomination or election 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 printed or typewritten statement of the reasons the candidate should be nominated or elected. A candidate or agent on behalf of the candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under section 8 of this 1999 Act.

(2) Not later than the 70th day before the general election, any candidate or agent on behalf of the candidate for election at the general election to the office of President or Vice President of the United States, 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 printed or typewritten statement of the reasons the candidate should be elected. A candidate or agent on behalf of the candidate for election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under section 8 of this 1999 Act.

(3) In the case of a special election to fill a vacancy as described in section 6 of this 1999 Act, the Secretary of State by rule shall set the deadline for filing with the secretary a portrait of the candidate and a printed or typewritten statement of the reasons the candidate should be nominated or elected.

(4) Subject to subsections (1) to (3) of this section, the Secretary of State by rule shall establish the format of the statements permitted under this section.

(5) A portrait or statement filed under this section shall be accompanied by a telephone or electronic facsimile transmission machine number where the candidate may be contacted for purposes of ORS 251.087.

SECTION 11. ORS 251.075 is amended to read:

251.075. (1) A candidate shall not submit for inclusion in the voters' pamphlet a portrait that was taken more than two years before the date the portrait is filed with the Secretary of State.

(2) A portrait submitted for inclusion in the voters' pamphlet shall:

(a) Be a conventional photograph with a plain background;

(b) Show the face or the head, neck and shoulders of the candidate; and

(3) A portrait submitted for inclusion in the voters' pamphlet shall not:

(a) Include the hands or anything held in the hands of the candidate;

(b) Show the candidate wearing a judicial robe, a hat or a military, police or fraternal uniform; and

(4) [The portrait of a candidate printed in the voters' pamphlet shall be three inches high and two inches wide. Each portrait shall be placed in the upper left corner of the candidate's allotted space.] The Secretary of State by rule shall prescribe the size and manner of placement of the portrait printed in the voters' pamphlet, except that the size of a portrait shall not be smaller than 1.5 inches by 1.75 inches. The rule shall apply in the same manner to all candidates for the same nomination or office.

SECTION 12. ORS 251.095 is amended to read:

251.095. [(1) At the time of filing materials under ORS 251.065, each candidate for nomination or election to any of the following offices shall pay to the Secretary of State the following fee for space in the voters' pamphlet:]

[(a) President or Vice President of the United States, United States Senator or Representative in Congress, $500 for 59.6 square inches of space.]

[(b) Any state office to be voted for in the state at large, $300 for 59.6 square inches of space.]

[(c) State Senator, State Representative or any other office, $100 for 29.8 square inches of space.]

[(2) The space allotted to each candidate shall be used for the portrait and statement filed under ORS 251.065. If a portrait is not filed, the statement may cover the entire allotted space. The length of the statement shall be limited as follows:]

[(a) Not more than 325 words for 29.8 square inches of space.]

[(b) Not more than 900 words for 59.6 square inches of space.]

(1) At the time materials are filed under ORS 251.065, each candidate for nomination or election to any of the following offices shall pay to the Secretary of State the following fee for space in the voters' pamphlet:

(a) President or Vice President of the United States, United States Senator, Representative in Congress or any state office to be voted for in the state at large, $1,000.

(b) State Senator, state Representative or any other office, $300.

(2) The space allotted to each candidate shall be used for materials filed under ORS 251.065, including the portrait and statement of reasons the candidate should be nominated or elected and the information required under ORS 251.085. If a portrait is not filed, the statement may cover the entire allotted space. The length of the statement shall not exceed 325 words. All materials submitted by a candidate under ORS 251.065 shall fit within 30 square inches of space. All candidates shall be allowed the same amount of space.

SECTION 13. ORS 251.115 is amended to read:

251.115. (1) Not later than the 70th day before the general election, the party officers as designated in the organizational documents of any statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a printed or typewritten statement of arguments for the success of its principles and election of its candidates on a statewide basis and opposing the principles and candidates of other political parties or organizations on a statewide basis.

(2) Not later than the 70th day before the general election, the party officers as designated in the organizational documents of any less than statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a typewritten statement of arguments for the success of its principles and election of its candidates on a county basis and opposing the principles and candidates of other political parties or organizations on a county basis.

(3) [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.] 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 candidates and 30 square inches for any less than statewide political party or assembly of electors having nominated candidates. The fee for a statement filed under this section shall be $600 for any statewide political party or assembly of electors having nominated candidates and $300 for any less than statewide political party or assembly of electors having nominated candidates.

SECTION 14. 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 biennial primary election to the offices of United States Senator, Representative in Congress and any state office other than justice of the peace or a list of names of candidates for election at the general election to the offices of President or Vice President of the United States, Unites 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 biennial 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 biennial 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.]

(1) The Secretary of State shall prepare:

(a) A list of the names of candidates for nomination or election at the biennial primary election to the offices of United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under section 8 of this 1999 Act, or a list of names of candidates for election at the general election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under section 8 of this 1999 Act, 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) For a special election described in section 6 of this 1999 Act, the Secretary of State shall prepare a list of the names of candidates for nomination or election to the offices of United States Senator or Representative in Congress along with all portraits and statements filed for the special election under ORS 251.065.

(3) The items specified in subsections (1) and (2) of this section shall be properly compiled, edited, prepared and indexed for printing by the Secretary of State before delivery to the printer.

SECTION 15. ORS 251.175 is amended to read:

251.175. (1) Except as provided in subsection (2) of this section, not later than the [15th] 20th day before a biennial primary election, 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.

(2) For any special election described in section 6 of this 1999 Act that is not held statewide, or for any other state special election that is not held statewide, the Secretary of State by rule may prescribe methods for distributing the voters' pamphlet prepared for the election. The rule shall require the secretary to mail the pamphlet to at least each elector whose registration is determined to be active on the 21st day before the date of the election and who is eligible to vote in the election. The rule may specify other methods of distribution. If the special election is conducted by mail, voters' pamphlets prepared for the election shall be mailed not later than the date ballots are mailed to electors as provided in ORS 254.470.

SECTION 16. ORS 251.185 is amended to read:

251.185. (1) The Secretary of State shall have printed in the voters' pamphlet for a general election or any special election a copy of the title and text of each state measure to be submitted to the people at the election 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. [The Secretary of State also shall have printed in the 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.]

(2) A 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 shall be included in the voters' pamphlet described in subsection (1) of this section if required under section 8 of this 1999 Act.

SECTION 17. 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 day before an election held on the date of the biennial primary or general election.]

(1) For any measure referred to the electors by the Legislative Assembly, an argument prepared by the Legislative Assembly in support of the measure may be printed in the voters' pamphlet. The size and length of an argument under this section shall be determined as specified in ORS 251.255.

(2) 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 biennial primary election. There shall be no fee for including an argument submitted under this section in the voters' pamphlet.

SECTION 18. 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 biennial primary election at which a statewide measure is to be voted upon, any person may file with the Secretary of State a typewritten argument supporting or opposing the measure. 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.]

(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 biennial primary election at which a statewide measure is to be voted upon, any person may file with the Secretary of State a printed or typewritten argument supporting or opposing the measure.

(2) A person filing an argument under this section shall pay a fee of $500 to the Secretary of State when the argument is filed or may submit a petition in a form prescribed by the Secretary of State containing the signatures of 1,000 electors eligible to vote on the measure. Each person signing the petition shall subscribe to a statement that the person has read and agrees with the argument. The signatures on each petition shall be certified by the county clerk in the manner provided in ORS 249.008. The petition shall be filed with the Secretary of State.

(3) The Secretary of State by rule shall establish the size and length of arguments permitted under ORS 251.245 and this section. The size and length of an argument shall not exceed 30 square inches or 325 words. The size and length limitations shall be the same for arguments submitted under ORS 251.245 or this section.

SECTION 19. 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 biennial primary election or any general election at which any state measure is to be submitted to the people, 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 nor later than the 95th day before the 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 day before the 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 day before the 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 day before the 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.

(8) If the estimates are not delivered to the county clerk by the 61st day before the election, the county clerk may proceed with the printing of ballots. The county clerk shall not be required to reprint ballots to include the estimates or to provide supplemental information that includes the estimates.

SECTION 20. ORS 198.430 is amended to read:

198.430. (1) A petition for recall of a district officer of a district other than a district defined in ORS 255.012 shall be filed with the officer with whom a petition for nomination to such office should be filed. If there is no such officer or if the officer is the district officer against whom the petition is being filed, the petition shall be filed with the county clerk of the county in which the administrative office of the district is located.

(2) The petition shall be signed by a number of persons who are qualified to vote in the district, that is equal to but not less than the lesser of:

(a) Fifteen percent of the persons who are qualified to vote in the district, or subdivision of the district from which the district officer was elected; or

(b) Fifteen 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.

(3) [Every sheet of each petition containing signatures shall be verified on the face by the affidavit of the person who circulated the sheet, stating] The person circulating the signature sheet shall certify on each sheet that every person who signed the sheet did so in the presence of the person circulating the sheet and that the person circulating the sheet believes that each signer stated the correct residence address of the signer and is a person qualified to vote in the district.

(4) In those districts where a person qualified to vote must be an elector, the petition, before filing, shall be submitted to the county clerk who shall compare the signatures of the persons signing the petition with the signatures of electors on the register of electors and, on the face of each signature sheet, shall make a certificate of the number of signatures the county clerk believes to be genuine. In other districts, the officer who receives the petition for filing, before filing the petition, shall verify the signatures and make a certificate of the number of signatures the officer believes to be genuine.

(5) The district shall pay the expense of verifying the signatures and of calling and conducting the election. The election shall be conducted in the district, or in the subdivision of the district from which the district officer was elected, in accordance with the law governing election of district officers.

(6) A person who is qualified to vote in a district under this section is a person who is qualified, under the law applicable to the district, to vote in an election at which members of the governing body of the district are elected.

SECTION 21. ORS 198.750 is amended to read:

198.750. (1) If a proposal for formation or change of organization of a district is made by petition, the petition shall:

(a) State that the petition is filed pursuant to ORS 198.705 to 198.955.

(b) State the names of all affected districts and all affected counties.

(d) State the nature of the proposal, whether formation of a district or change of organization and the kind of change proposed.

(e) State whether the territory subject to the petition is inhabited or uninhabited.

(f) If the petition is for formation, and district board members are elected, state the number of members on the board.

(g) If the petition is for formation, include a proposed permanent rate limit for operating taxes sufficient to support the services and functions described in the economic feasibility statement required by ORS 198.749. A tax rate limit need not be included in the petition if no tax revenues are necessary to support the services and functions described in the economic feasibility statement. The tax rate limit shall be expressed in dollars per thousand dollars of assessed value. The tax rate limit shall be calculated for the latest tax year for which the assessed value of the proposed district is available.

(h) Set forth any proposed terms and conditions, if any, to which a proposed formation or change of organization is to be subject.

(i) State, or indicate opposite each signature, whether the signers of the petition are landowners within the district or electors registered in the district, or both.

(j) Request that proceedings be taken for the formation or change of organization proposed.

(2) If the petition proposes formation of a district, the petition shall set forth a description of the boundaries of the territory proposed to be included in the district. If the petition proposes annexation or withdrawal of territory, the petition shall set forth a description of the boundaries of the territory to be annexed or withdrawn.

(3) If a petition proposes formation of a district, or consolidation or merger of districts, the petition may propose a name for the new district or for the surviving or successor district.

(4) [Each petition containing signatures shall be verified by the affidavit of] The person circulating the petition[, stating] shall certify on each signature sheet of the petition that every person who signed the petition did so in the presence of the person circulating the petition.

SECTION 22. ORS 221.031 is amended to read:

221.031. (1) Before circulating a petition to incorporate unincorporated territory as a city, the petitioners shall file with the county clerk of the county in which the proposed city lies or, should it lie in more than one county, to the county clerk of the county in which the largest part of its territory lies, a petition for incorporation in a form prescribed by rule of the Secretary of State. If the economic feasibility statement required by ORS 221.035 is submitted with the petition, the county clerk shall immediately date and time stamp the prospective petition and shall authorize the circulation of the petition. The county clerk shall retain the prospective petition and economic feasibility statement and shall immediately send two copies of the prospective petition to the appropriate county court.

(2) A petition for incorporation filed with the county clerk under subsection (1) of this section shall designate the name and residence address of not more than three persons as chief petitioners, who shall be electors registered within the boundaries of the proposed city. The petition shall contain the name of the proposed city. The petition shall also include a proposed permanent rate limit for operating taxes that would generate operating tax revenues sufficient to support an adequate level of municipal services. The tax rate limit shall be expressed in dollars per thousand dollars of assessed value. The tax rate limit shall be calculated for the latest tax year for which the assessed value of the proposed city is available. There shall be attached to the cover sheet of the petition a map indicating the exterior boundaries of the proposed city. The map shall not exceed 14 inches by 17 inches in size and shall be used in lieu of a metes and bounds or legal description of the proposed city. If the territory proposed to be incorporated is within the jurisdiction of a local government boundary commission, the petition shall be accompanied by the economic feasibility analysis required under ORS 199.476 (1). Notwithstanding subsection (1) of this section, unless the economic feasibility analysis is approved by the local government boundary commission as provided in ORS 199.522, the county clerk shall not authorize the circulation of the petition.

(3) Each sheet of signatures shall be attached to a full and correct copy of the petition for incorporation. Not more than 20 signatures on each sheet of the petition for incorporation shall be counted. [Each signature sheet shall be verified on its face by the signed statement of] The circulator shall certify on each signature sheet 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 county. If the territory proposed to be incorporated is within the jurisdiction of a local government boundary commission, each signature sheet shall contain a statement that the economic feasibility analysis for the proposed city was approved by the boundary commission, that the analysis is available for inspection at the offices of the boundary commission and that subsequent to the gathering of the petitions the boundary commission must review and finally approve the proposal prior to submission at an election.

(4) When any of the area proposed to be incorporated lies within an urbanized area, the petition required by subsections (1) and (2) of this section, in addition to the requirements of such subsections, and in order to be sufficient to allow for calling a public hearing under ORS 221.040, shall meet one of the following requirements:

(a) Be accompanied by a resolution approving the proposed incorporation adopted by the city or cities whose proximity would otherwise prohibit incorporation; or

(b) Be accompanied by an affidavit, signed by any person requesting incorporation, stating that the city or cities whose proximity would otherwise prohibit incorporation have failed to take any action pursuant to the request within 120 days of its submission.

SECTION 23. 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 shall certify on each signature sheet 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:

(A) Presidential elector at the last general election at which candidates for President and Vice President of the United States were listed on the ballot; or

(B) 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 satisfying [a] either requirement of 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 biennial primary election and ending on the 90th day before the next general election, a number of electors equal to at least one-tenth of one percent of the total votes cast in the state or electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term are registered as members of the party.

(3) 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] registration requirement of subsection (2) of this section.

(4) After a minor political party qualifies to nominate candidates, in order to maintain status as a minor political party:

(a) A candidate or candidates of the party must poll a number of votes described in subsection (1)(b) of this section at each subsequent general election; and

(b) Following each general election, the registration requirement of subsection (2) of this section must be satisfied.

(5) An affiliation of electors ceases to be a minor political party in the state or electoral district if:

(a) The registration [requirements] requirement of subsection (2) of this section [are] is not satisfied. The affiliation of electors ceases to be a minor political party on the date of the deadline for satisfying the registration requirement; or

(b) In the case of a minor political party qualified to nominate candidates, 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. The affiliation of electors ceases to be a minor political party on the date of the election.

(6) During the period beginning on the date of the biennial primary election 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 the registration [requirements] requirement of subsection (2) of this section [have] has been satisfied. If the party changes its name, only those electors who register on or after the effective date of the name change as members of the party under the new party name shall be counted as members of the party under this subsection.

(7) An affiliation of electors, a major political party subject to ORS 248.006 (4) or a minor political party may not satisfy the one percent requirement referred to in subsection (1)(b) of this section by nominating a candidate who is the nominee of another political party at the same election.

SECTION 24. ORS 249.061 is amended to read:

249.061. (1) No petition for nomination shall contain the name of more than one candidate.

(2) Before circulating a nominating petition, the candidate shall deliver to the officer with whom the petition will be filed, a copy of the prospective petition signed by the candidate.

(3) The candidate shall include with the nominating petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the nominating petition. After the nominating petition is filed, the candidate shall notify the filing officer not later than the 10th day after the candidate first has knowledge or should have had knowledge that:

(a) Any person is being paid for obtaining signatures, when the statement included with the nominating petition declared that no such person would be paid.

(b) No person is being paid for obtaining signatures, when the statement included with the nominating petition declared that one or more such persons would be paid.

(4) [Each signature sheet shall be verified on its face by the signed statement of] The circulator shall certify on each signature sheet that the individuals signed the sheet in the presence of the circulator and that the circulator believes each individual is an elector qualified to sign the petition.

SECTION 25. ORS 249.740 is amended to read:

249.740. (1) A certificate of nomination made by individual electors shall contain a number of signatures of electors in the electoral district equal to not less than one percent of the total votes cast in the electoral district for which the nomination is intended to be made, for all candidates for presidential electors at the last general election.

(2) Each elector signing a certificate of nomination made by individual electors shall include the residence mailing address of the elector. Except for a certificate of nomination of candidates for electors of President and Vice President of the United States, a certificate of nomination made by individual electors shall contain the name of only one candidate.

(3) Before beginning to circulate the certificate of nomination, the chief sponsor of the certificate shall file a signed copy of the prospective certificate with the filing officer referred to in ORS 249.722. The chief sponsor of the certificate shall include with the prospective certificate a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the certificate. After the prospective certificate 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 certificate declared that no such person would be paid.

(b) No person is being paid for obtaining signatures, when the statement included with the prospective certificate declared that one or more such persons would be paid.

(5) The signatures contained in each certificate of nomination made by individual electors shall be certified for genuineness by the county clerk under ORS 249.008.

(6) As used in this section, "prospective certificate" means the information, except signatures and other identification of certificate signers, required to be contained in a completed certificate of nomination.

SECTION 26. ORS 249.865 is amended to read:

249.865. (1) Pursuant to section 18, Article II of the Oregon Constitution, an elector of the electoral district from which the public officer is elected may file a petition demanding the recall of the public officer. Before the petition is circulated for signatures, the chief petitioner of the petition shall file with the officer authorized to order the recall election:

(a) A copy of the prospective petition signed by the chief petitioner;

(b) A statement of organization conforming to ORS 260.042 of the political committee the chief petitioner represents, if any; and

(c) A statement conforming to ORS 260.083 of contributions received and expenditures made by or on behalf of the chief petitioner and political committee the chief petitioner represents, if any, to the date of filing the prospective petition.

(2) The chief petitioner 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 recall petition. After the prospective petition is filed, the chief petitioner shall notify the filing officer not later than the 10th day after the chief petitioner 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.

(3) Each sheet of the recall petition shall contain:

(a) The words "Petition for recall of," (name and title of officer) and the date of the filing under subsection (1) of this section; and

(b) The name and address of the treasurer of the political committee the chief petitioner represents, or if there is not a political committee, the name and address of the chief petitioner.

(4) Not more than 20 signatures on each sheet of the recall petition shall be counted. [Each sheet of the recall petition shall be verified on its face by the circulator's signed statement] The circulator shall certify on each signature sheet that the individuals signed the sheet in the presence of the circulator and that the circulator believes each individual is an elector.

(5) Any intentional or willful violation of subsection (1) or (2) of this section by a chief petitioner of the recall petition or by the treasurer of the political committee the chief petitioner represents, if any, shall invalidate the prospective petition before it is circulated for signatures.

SECTION 27. ORS 250.045 is amended to read:

250.045. (1) Before circulating a petition to initiate or refer a state measure under section 1, Article IV, Oregon Constitution, the petitioner shall file with the Secretary of State a prospective petition. The prospective petition for a state measure to be initiated shall contain a statement of sponsorship signed by at least 25 electors. The signatures in the statement of sponsorship must be accompanied by a certificate of the county clerk of each county in which the electors who signed the statement reside, stating the number of signatures believed to be genuine. The Secretary of State shall date and time stamp the prospective petition and specify the form on which the petition shall be printed for circulation. The secretary shall retain the prospective petition.

(2) The chief petitioner may amend the proposed initiated measure filed with the Secretary of State without filing another prospective petition, if:

(a) The Attorney General certifies to the Secretary of State that the proposed amendment will not substantially change the substance of the measure; and

(b) The deadline for submitting written comments on the draft title has not passed.

(3) The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 250.065 (1). If a petition seeking a different ballot title is not filed with the Supreme Court by the deadline for filing a petition under ORS 250.085, the cover of an initiative petition shall contain the ballot title described in ORS 250.067 (2). However, if the Supreme Court has reviewed the ballot title, the cover of the initiative petition shall contain the title certified by the court.

(4) The chief petitioners shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the filing officer not later than the 10th day after any of the chief petitioners first has knowledge or should have had knowledge that:

(a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid.

(b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid.

(5)(a) Each sheet of signatures on an initiative petition shall contain the caption of the ballot title. Each sheet of signatures on a referendum petition shall contain the subject expressed in the title of the Act to be referred.

(b) Each sheet of signatures on an initiative or referendum petition shall:

(A) Contain only the signatures of electors of one county;

(B) If one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: "Some Circulators For This Petition Are Being Paid"; and

(C) If the person obtaining the signatures on the petition is being paid, contain a notice stating that the person obtaining the signatures is being paid. The notice shall be in boldfaced type and shall be prominently displayed on the sheet.

(c) The Secretary of State by rule shall adopt a method of designation to distinguish signature sheets of referendum petitions containing the same subject reference and being circulated during the same period.

(6) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition.

(7) Not more than 20 signatures on the signature sheet of the initiative or referendum petition shall be counted. [Each signature sheet of the initiative or referendum petition shall be verified on its face by the signed statement of] The circulator shall certify on each signature sheet of the initiative or referendum petition that the individuals signed the sheet in the presence of the circulator and that the circulator believes each individual is an elector.

(8) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to review a copy upon request of the person.

SECTION 28. ORS 250.165 is amended to read:

250.165. (1) Before circulating a petition to initiate or refer a county measure, the petitioner shall file with the county clerk a prospective petition. The county clerk immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The clerk shall retain the prospective petition.

(2) The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 250.175 (1). If the circuit court has not reviewed the ballot title under ORS 250.195, the cover of an initiative petition shall contain the ballot title described in ORS 250.175 (3). If the circuit court has reviewed the ballot title, the cover of the initiative petition shall contain the title certified by the court.

(3) The chief petitioners shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the filing officer not later than the 10th day after any of the chief petitioners first has knowledge or should have had knowledge that:

(a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid.

(b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid.

(4)(a) Each sheet of signatures on an initiative petition shall contain the caption of the ballot title. Each sheet of signatures on a referendum petition shall contain the number of the ordinance or resolution to be referred, if any, and the date it was adopted by the county governing body.

(b) Each sheet of signatures on an initiative or referendum petition shall:

(A) If one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: "Some Circulators For This Petition Are Being Paid"; and

(B) If the person obtaining the signatures on the initiative or referendum petition is being paid, contain a notice stating that the person obtaining the signatures is being paid. The notice shall be in boldfaced type and shall be prominently displayed on the sheet.

(5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition.

(6) Not more than 20 signatures on the signature sheet of the initiative or referendum petition shall be counted. [Each signature sheet shall be verified on its face by the signed statement of] The circulator shall certify on each signature sheet 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 county.

(7) If the gathering of signatures exceeds the period of one year from the time the petition is approved for circulation, any of the chief petitioners, on or before the anniversary of approval of the petition for circulation:

(a) Shall file annually, with the county clerk, a statement that the initiative petition is still active; and

(b) May submit to the county clerk for verification any signatures gathered on the petition in the preceding year.

(8) Not later than 30 days before the date that the chief petitioners must file a statement and submit signatures under subsection (7) of this section, the county clerk shall notify the chief petitioners in writing of the requirements of subsection (7) of this section. The notice shall be sent by certified mail, return receipt requested.

(9) A county clerk shall not accept for filing any petition which has not met the provisions of subsection (7) of this section.

(10) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to review a copy upon request of the person.

SECTION 29. ORS 250.265 is amended to read:

250.265. (1) Before circulating a petition to initiate or refer a city measure, the petitioner shall file with the city elections officer a prospective petition. The officer immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The officer shall retain the prospective petition.

(2) The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 250.275 (1). If the circuit court has not reviewed the ballot title under ORS 250.296, the cover of an initiative petition shall contain the ballot title described in ORS 250.275 (3). If the circuit court has reviewed the ballot title, the cover of the initiative petition shall contain the title certified by the court.

(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) Each sheet of signatures on an initiative or referendum petition shall:

(A) If one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: "Some Circulators For This Petition Are Being Paid"; and

(5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition.

(a) Shall file annually, with the city elections officer, a statement that the initiative petition is still active; and

(b) May submit to the city elections officer for verification any signatures gathered on the petition in the preceding year.

(8) Not later than 30 days before the date that the chief petitioners must file a statement and submit signatures under subsection (7) of this section, the city elections officer shall notify the chief petitioners in writing of the requirements of subsection (7) of this section. The notice shall be sent by certified mail, return receipt requested.

(9) A city elections officer shall not accept for filing any petition which has not met the provisions of subsection (7) of this section.

SECTION 30. ORS 255.135 is amended to read:

255.135. (1) Before circulating a petition to initiate or refer a district measure, the petitioner shall file with the elections officer a prospective petition. The elections officer immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The officer shall retain the prospective petition.

(2) The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 255.145 (1). If the circuit court has not reviewed the ballot title under ORS 255.155, the cover of an initiative petition shall contain the ballot title described in ORS 255.145 (3). If the circuit court has reviewed the ballot title, the cover of the initiative petition shall contain the title certified by the court.

(a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid.

(b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid.

(4)(a) Each sheet of signatures on an initiative petition shall contain the caption of the ballot title. Each sheet of signatures on a referendum petition shall contain the number of the ordinance to be referred and the date it was adopted by the district board.

(b) Each sheet of signatures on an initiative or referendum petition shall:

(A) If one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: "Some Circulators For This Petition Are Being Paid"; and

(5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition.

(a) Shall file annually with the elections officer a statement that the initiative petition is still active; and

(b) May submit to the elections officer for verification any signatures gathered on the petition in the preceding year.

(8) Not later than 30 days before the date that the chief petitioners must file a statement and submit signatures under subsection (7) of this section, the elections officer shall notify the chief petitioners in writing of the requirements of subsection (7) of this section. The notice shall be sent by certified mail, return receipt requested.

(9) The elections officer shall not accept for filing any petition which has not met the provisions of subsection (7) of this section.

SECTION 31. ORS 261.115 is amended to read:

261.115. (1) All electors' petitions shall contain a statement as to whether or not the petitioners are desirous of forming a utility district, or to annex territory to an existing utility district, or to consolidate two or more existing utility districts, the description of the territory sought to be included therein and the name by which the utility district is to be known. The statement shall be printed on a separate page or pages.

(2) There shall be a signature sheet with sufficient space for 20 signatures, and opposite the name of each signer, a space for the residence address of the signers of the petition and the number of their voting precinct. [Each petition containing signatures shall be verified by] The person circulating the petition[, stating] shall certify on each signature sheet that every person who signed the petition did so in the circulator's presence and that the circulator believes that each signer stated that signer's correct residence address and is an elector.

(3) An electors' petition shall designate three or more persons as chief petitioners and shall set forth their names and mailing addresses.

SECTION 32. ORS 545.025 is amended to read:

545.025. (1) When owners of land that is irrigated or susceptible to irrigation desire to provide for the construction of works for irrigation of their land, to provide for the reconstruction, betterment, extension, purchase, operation or maintenance of works already constructed, or to provide for the assumption of indebtedness to the United States incurred under the federal reclamation laws on account of their lands, they may propose the organization of an irrigation district under the Irrigation District Law by signing a petition and filing it with the county court of the principal county, as defined in ORS 198.705. The petition must be signed by a majority of the owners of land or 50 owners of land within the exterior boundaries of the proposed district.

(2) The petition shall set forth:

(a) A statement that the petition is filed for the formation of an irrigation district under the Irrigation District Law;

(b) The name of the proposed district;

(c) A description of the exterior boundaries of the proposed district. The description may be by metes and bounds, quarter quarter section lines or assessor's map and tax lot numbers;

(d) A statement declaring whether the district board of directors shall consist of three or five members and, if three members, whether the district shall be subdivided for the election of directors or whether directors shall be elected at large; and

(e) A request that proceedings be taken for the formation of the district.

(3) ORS 198.760, 198.765, 198.770 and 198.775 apply to petitions for the formation of an irrigation district, except that an economic feasibility statement is not required.

(4) [Each signature sheet shall be verified by the affidavit of] The person circulating the petition [stating] shall certify on each signature sheet that every person who signed the petition did so in the presence of the person circulating the petition.

(5) A description and map of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the district, together with the names and mailing addresses of all of the owners of the lands, shall be included in the petition or attached to the petition as an exhibit. Reference to the assessor's map and tax lot number is sufficient for the description of lands required under this subsection.

(6) When the petition for formation is filed with the county court of the principal county, the county court shall set a date for a hearing on the petition. The date set for the hearing shall be not less than 30 days nor more than 50 days after the date on which the petition is filed. The county court shall cause notice of the hearing to be posted in at least three public places in the county and published by two insertions in a newspaper. The notice shall state:

(a) The purpose for which the district is to be formed.

(b) The name and boundaries of the proposed district.

(d) That all interested persons may appear and be heard.

(7) If the petition is signed by all of the owners of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the proposed district, publication of the notice of the hearing on the petition is not required. A petition signed by all of the owners of all of the lands that are included within the proposed district and that will be subject to the charges and assessments of the proposed district may also contain the names of persons desired as the members of the first board of directors of the proposed district, the initial term of office of each director and a written statement from each of those persons in which the person agrees to serve as a director of the proposed district.

SECTION 33. ORS 253.065 is amended to read:

253.065. (1) As soon as the absentee ballots are printed the clerk shall deliver a ballot to each long term absent elector. Otherwise, the absentee ballots shall be delivered not later than the deadline described in ORS 253.045. The ballot may be delivered to the absent elector in the office of the clerk, by postage prepaid mail, or by any other appropriate means. Ballots mailed to electors in foreign countries shall be sent by airmail.

(2) The clerk shall deliver with the ballot instructions for marking and returning the ballot and an envelope to use for the return. The name, official title and office address of the clerk shall appear on the front of the envelope. On the back shall appear a statement to be signed by the absent elector, stating that the elector:

(a) Is qualified to vote;

(b) Unless prevented by physical disability, has personally marked the ballot; and

(3) Notwithstanding subsection (1) of this section, if the county clerk receives an application for an absentee ballot after the fifth day before an election, the county clerk need not mail the ballot for that election but may deliver the ballot by making it available in the office of the clerk.

(4) An elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection.

(5) A replacement ballot may be mailed [not later than the fifth day before the date of the election. After the fifth day before the date of an election, the county clerk shall deliver the ballot by making it] or shall be made available in the office of the county clerk.

(6) If the county clerk determines that an elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall not count any ballot cast by the elector. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless:

(a) Only the original ballot was voted and returned; or

(b) The county clerk issued a supplemental ballot that is not a complete replacement of the original ballot.

SECTION 33a. If Senate Bill 1178 becomes law, section 29, chapter 410, Oregon Laws 1999 (Enrolled Senate Bill 1178) (amending ORS 253.065), is repealed.

SECTION 34. ORS 253.575 is amended to read:

253.575. (1) Upon receipt of an application made under ORS 253.565, if the applicant's residence is in the county, the county clerk, without regard to whether the applicant is an elector of the county, shall mail to the applicant, by airmail, a special absentee ballot, instructions for filling in and returning the ballot and an envelope to use for the return. The name, official title and office address of the clerk shall appear on the front of the envelope. On the back shall appear a statement to be signed by the absent elector, stating that the elector:

(a) Is qualified to vote;

(b) Unless prevented by physical disability, has personally marked the ballot; and

(2) The completed and signed statement on the envelope containing a special absentee ballot shall constitute a valid registration for the election for which the ballot is submitted.

(3) If the county clerk receives an application for a special absentee ballot on or after the 45th day before the election specified in the application, the county clerk shall treat the application as an application made under ORS 253.540.

(4) A long term absent elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection.

(5) Notwithstanding subsection (3) of this section, a replacement ballot may be mailed [not later than the fifth day before the date of the election. After the fifth day before the date of an election, the county clerk shall deliver the ballot by making it] or shall be made available in the office of the county clerk.

(6) If the county clerk determines that a long term absent elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall not count any ballot cast by the elector. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless:

(a) Only the original ballot was voted and returned; or

(b) The county clerk issued a supplemental ballot that is not a complete replacement of the original ballot.

SECTION 35. Section 36 of this 1999 Act is added to and made a part of ORS chapter 254.

SECTION 36. (1) In the case of a recall election held on a date other than the date of the biennial primary election or general election, the county clerk shall prepare an abstract of the votes and deliver it to the appropriate officials not later than the 20th day after the election.

(2) For purposes of section 18, Article II, Oregon Constitution, the result of the recall election referred to in subsection (1) of this section shall be considered officially declared on the date the abstract of the votes is delivered.

SECTION 37. ORS 254.485 is amended to read:

254.485. (1) Ballots may be tallied by a vote tally system or by a counting board. A counting board may tally ballots at the precinct or in the office of the county clerk. In any event, the ballots shall be tallied and returned by precinct.

(2) If a vote tally system is used or if a counting board has been appointed under ORS 246.310 (2), the tally of ballots may begin before the polls close.

(3) If ballots are tallied by a counting board, after the tally has begun it shall continue until completed. A counting board shall tally without adjournment and in the presence of the clerks and persons authorized to attend. However, the board may be relieved by another board if the tally is not completed after 12 hours.

(4) A counting board shall audibly announce the tally as it proceeds. The board shall use only pen and ink to tally.

(5) No person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may tally ballots under this chapter.

SECTION 38. ORS 254.500 is amended to read:

254.500. (1) This section governs the tally of votes cast for persons whose names were not printed on the ballot but are written in by electors. All such write-in votes for each office on the ballot shall be tallied together, except as follows:

[(1)] (a) If the total number of write-in votes for candidates for the same nomination or office equals or exceeds the number of votes cast for any candidate for the same nomination or office on the ballot who appears to have been nominated or elected, the county clerk shall tally all write-in votes cast for the office to show the total number of votes cast for each write-in candidate.

[(2)] (b) If no names of candidates are printed on the ballot for an office, the county clerk shall tally the votes cast for each candidate for the office who received a vote.

(2) No person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may tally write-in votes.

SECTION 39. ORS 254.565 is amended to read:

254.565. The chief city elections officer:

(1) After the biennial primary election, shall enter in a register of nominations:

(a) The name of each candidate for city office nominated at the biennial primary election.

(b) The office for which the candidate is nominated.

(d) The date of the entry.

(2) After the general election, shall prepare and deliver a certificate of election to each qualified candidate having the most votes for election to a city office.

[(2)] (3) Not later than the 30th day after 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 40. 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 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 cast on any measure which appeared on the ballot.

(3) A county clerk may file a demand requiring the Secretary of State to direct that a recount be made in specified precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. The cash deposit requirement of subsection (5) of this section shall not apply to a demand made under this subsection. The cost of a recount conducted under this subsection shall be paid by the county of the county clerk making the demand.

[(3)] (4) 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)] (5) Except as provided in [subsection (5)] subsections (3) and (6) of this section, 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)] (6) Upon application from a county clerk, the Secretary of State may waive the cash deposit requirement of subsection [(4)] (5) of this section if, after the first demand or first supplemental demand for a recount, it appears that due to nondeliberate and material error by a local elections official, as defined in ORS 246.012, or a county clerk, the outcome of an election on a candidate or measure will be changed. The cost of a recount conducted under this subsection shall be paid by the county of the county clerk or the county of the local elections official who committed the error.

[(6)] (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.

[(7)] (8) 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 41. ORS 258.171 is amended to read:

258.171. (1) Except as provided in subsection (2) of this section, the person making a demand for a recount shall be bound by the original official returns unless the person demands a recount of 100 percent of the precincts in which votes were cast for the nomination or office or on the measure.

(2) If a demand for a recount is made by a county clerk under ORS 258.161 (3), votes recounted in the precincts specified by the county clerk may be combined with votes in other precincts that were not recounted to determine the official returns of the election.

SECTION 42. ORS 260.005 is amended to read:

260.005. As used in this chapter:

(1)(a) "Candidate" means:

(A) An individual whose name is printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual's consent, for nomination or election to public office;

(B) An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party or political committee to solicit or receive and accept a contribution or make an expenditure on the individual's behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or

(b) For purposes of this section and ORS 260.035 to 260.156, "candidate" does not include a candidate for the office of precinct committeeperson.

(2) "Committee director" means any person who directly and substantially participates in decision-making on behalf of a political committee concerning the solicitation or expenditure of funds and the support of or opposition to candidates or measures. A person, other than a political party officer, serving on a board or committee of a political party that has more than 10 members with substantially equal authority to make decisions shall not be deemed to participate substantially in decision-making of the political party solely on account of such service.

(3)(a) Except as provided in ORS 260.007, "contribute" or "contribution" includes:

(A) The payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value:

(i) For the purpose of influencing an election for public office or an election on a measure, or of reducing the debt of a candidate for nomination or election to public office or the debt of a political committee; or

(ii) To or on behalf of a candidate, political committee or measure; and

(B) Any unfulfilled pledge, subscription, agreement or promise, whether or not legally enforceable, to make a contribution.

(b) Regarding a contribution made for compensation or consideration of less than equivalent value, only the excess value of it shall be considered a contribution.

(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 of the Oregon Constitution.

(6) Except as provided in ORS 260.007, "expend" or "expenditure" includes the payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation by or on behalf of a candidate, political committee or person in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including support of or opposition to a candidate, political committee or measure, or for reducing the debt of a candidate for nomination or election to public office. Subject to ORS 260.168, "expenditure" also includes contributions made by a candidate or political committee to or on behalf of any other candidate or political committee.

(7) "Filing officer" means [the]:

(a) The Secretary of State, regarding a candidate for any state office or any office to be voted for in the state at large or in a congressional district or regarding a measure to be voted on in the state at large.

(b) The county clerk, regarding a candidate for any county office or any district or precinct office within the county, or regarding a measure to be voted for in one county or in a district situated wholly within one county.

(c) The chief city elections officer, regarding a candidate for any city office, or a measure to be voted for in a city only.

(d) The county clerk of the county in which the office of the chief administrative officer or administrative board is located regarding a candidate for office for any district or regarding a measure to be voted on in a district, when the district is situated in more than one county.

(e) In the case of an irrigation district formed under ORS chapter 545:

(A) The county clerk, regarding any candidate for office or any measure at an irrigation district formation election where the proposed district is situated wholly in one county;

(B) The county clerk of the county in which the office of the secretary of the proposed irrigation district will be located, regarding any candidate for office or any measure at an irrigation district formation election where the proposed district is situated in more than one county; or

(C) The secretary of the irrigation district for any election other than an irrigation district formation election.

(8) "Independent expenditure" means an expenditure by a person for a communication expressly advocating the election or defeat of a clearly identified candidate that is not made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate. As used in this subsection:

(a) "Agent" means any person who has:

(A) Actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate; or

(B) Been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures.

(b) "Clearly identified" means:

(A) The name of the candidate involved appears;

(B) A photograph or drawing of the candidate appears; or

(c) "Expressly advocating" means any communication containing a message advocating election or defeat, including but not limited to the name of the candidate, or expressions such as "vote for," "elect," "support," "cast your ballot for," "vote against," "defeat" or "reject."

(d) "Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate":

(A) Means any arrangement, coordination or direction by the candidate or the candidate's agent prior to the publication, distribution, display or broadcast of the communication. An expenditure shall be presumed to be so made when it is:

(i) Based on information about the candidate's plans, projects or needs provided to the expending person by the candidate or by the candidate's agent, with a view toward having an expenditure made; or

(ii) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of a political committee authorized by the candidate or who is or has been receiving any form of compensation or reimbursement from the candidate, the candidate's principal campaign committee or agent; and

(B) Does not include providing to the expending person upon request a copy of this chapter or any rules adopted by the Secretary of State relating to independent expenditures.

(9) "Initiative petition" means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.

(10) "Judge" means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court.

(11) "Labor organization" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

(12) "Mass mailing" means more than 200 substantially similar pieces of mail, but does not include a form letter or other mail that is sent in response to an unsolicited request, letter or other inquiry.

(13) "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.

(d) Local, special or municipal legislation.

(e) A proposition or question.

(14) "Occupation" means the nature of an individual's principal business or, if the individual is employed by another person, the nature of the individual's principal business or the business name and address of the employer.

(15) "Person" means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity.

(16) "Political committee" means a combination of two or more individuals, or a person other than an individual, that has:

(a) Received a contribution or made an expenditure for the purpose of supporting or opposing a candidate, measure or political party; or

(b) Made independent expenditures in support of or in opposition to a candidate, measure or political party.

(17) "Public office" means any national, state, county, district, city office or position, except a political party office, that is filled by the electors.

(18) "Recall petition" means a petition to recall a public officer for which a prospective petition has been filed but that is not yet a measure.

(19) "Referendum petition" means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.

(20) "Slate mailer" means a mass mailing that supports or opposes a total of three or more candidates or measures.

(21)(a) "Slate mailer organization" means, except as provided in paragraph (b) of this subsection, any person who directly or indirectly:

(A) Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers; and

(B) Receives or is promised payment for producing one or more slate mailers or for endorsing or opposing, or refraining from endorsing or opposing, a candidate or measure in one or more slate mailers.

(b) Notwithstanding paragraph (a) of this subsection, "slate mailer organization" does not include:

(A) A political committee organized by a political party; or

(B) A political committee organized by the caucus of either the Senate or the House of Representatives of the Legislative Assembly.

(22) "State office" means the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, Superintendent of Public Instruction, state Senator, state Representative, judge or district attorney.

(23) "With respect to a single election" means, in the case of a contribution to a candidate for public office:

(a) The next election for nomination or election to public office, other than national or political party office, after the contribution is made; or

(b) In the case of a contribution made after an election and designated in writing by the contributor for a previous election, the election so designated. A contribution may be designated for a previous election under this subsection if the contribution does not exceed the expenditure deficit of the candidate or principal campaign committee of the candidate receiving the contribution.

SECTION 43. ORS 260.174 is amended to read:

260.174. (1) No legislative official, statewide official or candidate therefor shall attempt to receive or to solicit or receive or solicit a [campaign] contribution to the official or candidate or the official's or candidate's principal campaign committee or attempt to solicit or solicit [a campaign] an expenditure in support of the official or candidate from any person or political committee during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending upon adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(2) The Governor, Governor-elect or a candidate for Governor shall not attempt to receive or to solicit or receive or solicit a [campaign] contribution to the Governor or candidate for Governor or the Governor's or candidate's principal campaign committee or attempt to solicit or solicit [a campaign] an expenditure in support of the Governor or candidate for Governor from any person or political committee during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending 30 business days following adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(3) No person or political committee during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending upon adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly, shall attempt to make or promise to make or make or promise to make a [campaign] contribution to a legislative official, statewide official or candidate therefor or to the official's or candidate's principal campaign committee, or promise to make [a campaign] an expenditure in support of the official or candidate.

(4) No person or political committee during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending 30 business days following adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly, shall attempt to make or promise to make or make or promise to make a [campaign] contribution to the Governor, Governor-elect or candidate for Governor, or to the Governor's or candidate's principal campaign committee, or promise to make [a campaign] an expenditure in support of the Governor or candidate for Governor.

(5) No person or political committee affiliated with a political party, caucus of either house of the Legislative Assembly, legislative official, statewide official or the Governor, Governor-elect or candidate for Governor shall attempt to receive or solicit or receive or solicit a [campaign] contribution on behalf of a legislative official, statewide official or candidate therefor during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending upon adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(6) No person or political committee affiliated with a political party, caucus of either house of the Legislative Assembly, legislative official, statewide official or the Governor, Governor-elect or candidate for Governor shall attempt to receive or solicit or receive or solicit a [campaign] contribution on behalf of the Governor, Governor-elect or candidate for Governor during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending 30 business days following adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(7) Nothing in this section shall prohibit:

(a) A legislative official, statewide official or candidate therefor from making a contribution as an individual from the individual's personal funds to the same official, candidate or the candidate's principal campaign committee; or

(b) The Governor, Governor-elect or a candidate for Governor from making a contribution as an individual from the individual's personal funds to the same individual as Governor, Governor-elect, a candidate for Governor or the candidate's principal campaign committee.

(8) As used in this section:

(a) "Legislative official" means any member or member-elect of the Legislative Assembly, any member of an agency, board or committee that is part of the legislative branch and any staff person, assistant or employee thereof.

(b) "Statewide official" means the Secretary of State or Secretary of State-elect, State Treasurer or State Treasurer-elect, Superintendent of Public Instruction or Superintendent-elect of Public Instruction, Attorney General or Attorney General-elect and the Commissioner of the Bureau of Labor and Industries or the Commissioner-elect of the Bureau of Labor and Industries.

SECTION 44. ORS 260.695 is amended to read:

260.695. (1) No person shall print or circulate an imitation of the ballot or sample ballot, or a portion of the ballot or sample ballot, which contains information which will not appear, or deletes information which will appear, on the ballot or sample ballot, or that portion of the ballot or sample ballot, unless the imitation of the ballot or sample ballot, or portion of the ballot or sample ballot, contains the following statement in bold type: "NOT FOR OFFICIAL USE."[.] This subsection does not prohibit the printing or circulation of an imitation of a ballot which illustrates the manner in which a candidate's name may be written in for an office.

(2) No person, within any building in which a polling place is located or within 100 feet measured radially from any entrance to the building, shall do any electioneering, including circulating any cards or hand bills, or soliciting signatures to any petition. No person shall do any electioneering by public address system located more than 100 feet from an entrance to the building but capable of being understood within 100 feet of the building. The electioneering need not relate to the election being conducted.

(3) No person shall obstruct an entrance of a building in which a polling place is located.

(4) No person, within a polling place, shall wear a political badge, button or other insignia.

(5) No person shall vote or offer to vote in any election or at any polling place knowing the person is not entitled to vote.

(6) No person at a polling place, other than an election board member, shall deliver a ballot to an elector.

(7) No elector other than an absent elector shall knowingly receive a ballot from any other person than an election board member.

(8) No person shall make a false statement about the person's inability to mark a ballot.

(9) No person, except an elections official in performance of duties or other person providing assistance to a handicapped elector, shall ask a person at the polling place for whom that person intends to vote, or examine or attempt to examine the person's ballot.

(10) No person shall show the person's own marked or punched ballot to another person to reveal how it was marked or punched.

(11) No elections official, other than in the performance of duties, shall disclose to any person any information by which it can be ascertained for whom any elector has voted.

(12) No person, other than an elections official in performance of duties, shall do anything to a ballot to permit identification of the person who voted.

(13) No elector shall deliver a ballot to an election board member except the ballot the elector received from an election board member. Nothing in this subsection shall prohibit a person from delivering any absentee ballot or ballots to an election board member.

(14) No person, except an election board member, shall receive from an elector other than an absent elector a marked or punched ballot.

(15) No elector shall willfully leave in the polling place anything that will show how the elector's ballot was marked or punched.

(16) No person, except an elections official in performance of duties, shall remove a ballot from any polling place.

(17) No person, except an elections official in performance of duties or a person authorized by that official, shall willfully deface, remove, alter or destroy a posted election notice.

(18) No person, except an elections official in performance of duties, shall willfully remove, alter or destroy election equipment or supplies, or break the seal or open any sealed package containing election supplies.

SECTION 45. ORS 260.715 is amended to read:

260.715. (1) No person shall knowingly make a false statement, oath or affidavit where a statement, oath or affidavit is required under the election laws.

(2) No person shall request a ballot in a name other than the person's own name.

(3) No person shall vote or attempt to vote more than once at [the same election] any election held on the same date.

(4) No person, except an elections official in performance of duties, shall willfully alter or destroy a ballot cast at an election or the returns of an election.

(5) No person shall willfully place a fraudulent ballot among the genuine ballots.

(6) No person shall falsely write anything [on the ballot or ballot stub purporting it to be written by an election board member] purporting to be written by an election board member on the ballot or ballot stub.

(7) No person shall commit theft of a ballot or tally or return sheet, or willfully hinder or delay the delivery of the tally or return sheet to the county clerk, or fraudulently break open a sealed tally or return sheet of the election.

(8) No person shall manufacture or knowingly use a fraudulent ballot return identification envelope or secrecy envelope. As used in this subsection, "ballot return identification envelope" and "secrecy envelope" mean those envelopes used to return ballots to the county clerk by absent electors or in elections conducted by mail.

(9) No person shall sell, offer to sell, purchase or offer to purchase, for money or other valuable consideration, any absentee ballot or any ballot mailed to an elector in an election conducted by mail.

SECTION 46. ORS 260.993 is amended to read:

260.993. (1) The penalty for violation of ORS 260.532 is limited to that provided in ORS 260.532 (5) and (7).

(2) Violation of ORS 247.125, 247.171 (5), 247.420 (2), 253.710, 260.402, 260.555, 260.575, 260.615, 260.645, 260.665 (2) or (3) involving any action described in ORS 260.665 (2)(d) to (f) or 260.715 is a Class C felony.

(3) Violation of ORS 260.695 (5) is a Class A misdemeanor.

(4) Violation of ORS 247.171 (6) is a Class C misdemeanor.

SECTION 47. 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 proposed permanent rate limit for operating taxes, the petition shall be filed not later than 180 days before the date of the next biennial primary election or general election at which the petition for formation will be voted upon. 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. In the case of a petition required or permitted to be signed by landowners, within 10 days after the date a petition is offered for filing, the county assessor shall examine the petition and determine whether it is signed by the requisite number of qualified landowners. 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. In the case of a petition required or permitted to be signed by landowners, a petition shall not be filed unless the certificate of the county assessor is attached thereto certifying that the county assessor has compared the signatures of the signers with the appropriate records and that the petition is signed by the requisite number of qualified landowners.

(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 48. ORS 198.770 is amended to read:

198.770. (1) In examining a petition required or permitted to be signed by landowners [the county clerk or district secretary], the county assessor shall disregard the signature of a person not shown as owner on the last equalized assessment roll unless prior to certification the [secretary or county clerk] county assessor is furnished with written evidence, satisfactory to the [county clerk or district secretary] county assessor, that the signer:

(a) Is a legal representative of the owner;

(b) Is entitled to be shown as owner of land on the next assessment roll;

(d) Is authorized to sign for and on behalf of any public agency owning land.

(2) If a person signing a petition as a landowner appears as owner on the last equalized assessment roll but is shown thereon as a partner, tenant in common or tenant by the entirety, the signature of the person signing shall be counted as if all other owners, as shown on the roll for the same parcel of land, [has] had signed.

SECTION 49. ORS 249.013 is amended to read:

249.013. (1) No person shall be a candidate for more than one lucrative office to be filled at the same election.

(2) No person shall file a nominating petition or declaration of candidacy for more than one lucrative office or more than one office of precinct committeeperson before the date of the election at which a person will be nominated or elected to each office unless the person first files a written withdrawal, under ORS 249.170, of the person's initial filing.

(3) If at any time before the date of the election at which a person will be nominated or elected to each office it is determined that a person has filed two or more nominating petitions or declarations of candidacy for any lucrative office or two or more nominating petitions or declarations of candidacy for the office of precinct committeeperson without written withdrawal or withdrawals intervening, all such filings shall be invalid and any other filing made by the same person shall be void.

(4)(a) No person shall be a candidate for more than one district office to be filled at the same election. This [subsection] paragraph does not apply to a district that has fewer than 10,000 electors residing within the district.

(b) No person shall be a candidate for more than one position on the same district board to be filled at the same election.

(c) As used in this subsection, "district" means a district as defined in ORS 255.012.

(5) Notwithstanding any provision of this section, in the case of a vacancy to be filled by election, the same person is eligible for nomination and election to both the unexpired and the succeeding terms. The name of the candidate may be placed on the ballot in both places.

SECTION 50. 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 preference 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 elections authority. Not later than the 30th day after receiving the abstract the district elections 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 elections 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 51. ORS 357.231 is amended to read:

357.231. (1) Five district board members shall be elected at the election for district formation. Nominating petitions or declarations of candidacy described in ORS 249.031 shall be filed with the county governing body. The fee for a declaration of candidacy shall be as prescribed in ORS 255.235.

(2) If the effective date of the formation of the district occurs in an odd-numbered year, two district board members shall be elected for four-year terms and the other three district board members shall be elected for two-year terms. If the effective date of the formation occurs in an even-numbered year, two district board members shall be elected for three-year terms and the other three district board members shall be elected for one-year terms.

(3) Each district board member shall hold office until election and qualification of a successor.

SECTION 52. ORS 251.036 is amended to read:

251.036. The Secretary of State shall include in each voters' pamphlet, in which material of a candidate for nomination or election to an office of a metropolitan service district organized under ORS chapter 268 is printed as provided in ORS 251.065 and 251.285 and section 8 of this 1999 Act, a map of the service district which illustrates the boundaries of each subdistrict. The map shall be printed immediately preceding the material of the candidates for an office of the district.

SECTION 53. ORS 251.285 is amended to read:

251.285. (1) [The Secretary of State shall have printed in the voters' pamphlet prepared for a general or special election any] If any county measure or any measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, are to be included by the Secretary of State in the state voters' pamphlet as provided in section 8 of this 1999 Act, [if] the requirements of this section [are] shall be satisfied.

(2) The county or district measure, ballot title, explanatory statement and arguments shall not be printed in the voters' pamphlet unless:

(a) The ballot title is a concise and impartial statement of the purpose of the measure;

(b) The explanatory statement is an impartial, simple and understandable statement explaining the measure and its effect;

(c) The county or metropolitan service district adopts and complies with an ordinance that provides a review procedure for a ballot title or explanatory statement which is contested because it does not comply with the requirements of paragraph (a) or (b) of this subsection;

(d) The county or metropolitan service district adopts and complies with an ordinance that provides for acceptance of typewritten arguments relating to the measure 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 54. (1) The amendments to ORS 260.695 and 260.715 by sections 44 and 45 of this 1999 Act apply to activities occurring on or after the effective date of this 1999 Act.

(2) The amendments to ORS 198.430, 198.750, 221.031, 248.008 (1)(a), 249.061, 249.740, 249.865, 250.045, 250.165, 250.265, 255.135, 261.115 and 545.025 by sections 20 to 32 of this 1999 Act apply only to certificates and petitions for which the gathering of signatures began on or after the effective date of this 1999 Act, regardless of when a prospective petition was filed. The amendments to ORS 198.430, 198.750, 221.031, 248.008 (1)(a), 249.061, 249.740, 249.865, 250.045, 250.165, 250.265, 255.135, 261.115 and 545.025 by sections 20 to 32 of this 1999 Act do not apply to any certificate or petition for which the gathering of signatures began prior to the effective date of this 1999 Act.

(3) The amendments to ORS 260.005 by section 42 of this 1999 Act apply to irrigation district elections held on or after the effective date of this 1999 Act.

(4) Nothing in this 1999 Act is intended to affect any action, proceeding or prosecution begun before and pending on the effective date of this 1999 Act. The action, proceeding or prosecution may be conducted and completed in the same manner and under the same terms and conditions and with the same effect as though it had been undertaken and completed before the effective date of this 1999 Act.

(5) Nothing in this 1999 Act relieves a person of an obligation with respect to a fine or other charge, penalty or other liability, duty or obligation arising prior to the effective date of this 1999 Act. Collection or enforcement of any such fine, charge, penalty or other liability, duty or obligation may be conducted and completed in the same manner and under the same terms and conditions and with the same effect as though it had been undertaken and completed before the effective date of this 1999 Act.

(6)(a) Nothing in the repeal of ORS 247.991 or 253.995 by section 55 of this 1999 Act or the amendments to ORS 260.993 by section 46 of this 1999 Act is intended to affect any criminal penalty that may be imposed for activities occurring prior to, on or after the effective date of this 1999 Act; and

(b) The repeal of ORS 247.991 or 253.995 by section 55 of this 1999 Act and the amendments to ORS 260.993 by section 46 of this 1999 Act are not intended to modify the applicability or effect of any criminal penalty and are intended only to consolidate criminal penalties contained in ORS 247.991 and 253.995 into ORS 260.993.

(7)(a) The amendments to ORS 198.765 and 198.770 by sections 47 and 48 of this 1999 Act apply to petitions for formation of a district filed with the county clerk or secretary of the district board on or after the effective date of this 1999 Act.

(b) The amendments to ORS 249.013 by section 49 of this 1999 Act apply to nominating petitions or declarations of candidacy filed on or after the effective date of this 1999 Act.

SECTION 55. ORS 247.991, 253.995 and 254.305 are repealed.

Approved by the Governor June 23, 1999

Filed in the office of Secretary of State June 24, 1999

Effective date October 23, 1999

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