Chapter 250 — Initiative
and Referendum
2011 EDITION
INITIATIVE AND REFERENDUM
ELECTIONS
GENERAL PROVISIONS
250.005 Definitions
250.015 Form
of petition; numbering of signature sheets; rules
250.025 Qualifications
for signers of petition; removal of signatures
250.029 Withdrawal
of initiative or referendum petition; form
250.031 Rules
for conduct of election under section 11, Article XI of Oregon Constitution
250.035 Form
of ballot titles for state and local measures
250.036 Form
of ballot title for measure subject to section 11 (8), Article XI of Oregon
Constitution; exception
250.037 Form
of ballot title for measure requesting approval of certain bonds
250.038 Form
of ballot title for measure authorizing imposition or renewal of local option taxes
or establishing permanent rate limitation
250.041 Applicability
of ORS 250.005 to 250.038 to counties and cities
250.042 Effect
of failure of petition circulator to certify signature sheet
250.043 Acceptance
of initiative or referendum petition without original signatures
250.044 When
actions challenging constitutionality of state measure must be filed in Marion
County Circuit Court
STATE MEASURES
250.045 Prospective
petition; signature requirement; cover and signature sheet requirements; rules
250.048 Registration
and training for paid petition circulators; requirements; effect of failure to
register; rules
250.052 Official
templates of cover and signature sheets; electronic template; rules
250.062 Identical
draft ballot titles required for certain state measures
250.065 Preparation
of ballot titles for certain state measures
250.067 Notice
of draft ballot title; written comments; certification of title; correction of
clerical errors; rules
250.075 Preparation
of ballot titles by Legislative Assembly
250.085 Procedure
for elector dissatisfied with ballot title of state measure; Supreme Court
review of title
250.095 State
measures affecting a county or district
250.105 Petition
filing requirements; monthly filing; signature verification; rules
250.115 Numbering
of state measures
250.125 Estimate
of financial impact of state measures; financial estimate committee
250.127 Preparation
and filing of estimates and statements of financial impact of state measure
250.131 Court
review of procedures under which estimates and statements of financial impact
of state measure were prepared
250.135 Retention
of petition materials
250.137 Citizens’
Initiative Review Commission; members; term of office; rules
Note Initial
appointment and organization of Citizens’ Initiative Review Commission --2011
c.365 §§3,11
250.139 Citizen
panels; composition; compensation; selection and review of certain state
measures; moderators; rules
250.141 Citizen
panel statements; preparation; inclusion in voters’ pamphlet; rules
250.143 Evaluation
of citizen panel procedures; findings and recommendations; appointment of
certain commission members
250.146 Citizens’
Initiative Review Fund
250.147 Contributions
to Citizens’ Initiative Review Fund; prohibitions; disclosure
250.149 Determination
of sufficient funds for commission and citizen panels
COUNTY MEASURES
250.155 Application
of ORS 250.165 to 250.235
250.165 Prospective
petition; cover and signature sheet requirements; circulation; filing deadline
250.168 Determination
of compliance with constitutional provisions; notice; appeal
250.175 Preparation
of ballot titles for certain county measures; notice
250.185 Preparation
of ballot titles by county governing body
250.195 Procedure
for elector dissatisfied with ballot title of county measure
250.205 Filing
and signature requirements for nonhome rule counties
250.215 Filing
officer for county measure; filing requirements; signature verification
250.221 Date
of election
250.235 Retention
of petition materials
CITY MEASURES
250.255 Application
of ORS 250.265 to 250.346
250.265 Prospective
petition; cover and signature sheet requirements; circulation; filing deadline
250.270 Determination
of compliance with constitutional provisions; notice; appeal
250.275 Preparation
of ballot titles for certain city measures; notice
250.285 Preparation
of ballot titles by city governing body
250.296 Procedure
for elector dissatisfied with ballot title of city measure
250.305 Signature
requirements
250.315 Filing
officer; filing requirements; signature verification
250.325 Procedure
following filing of initiative petition
250.346 Retention
of petition materials
250.355 Date
of election
GENERAL PROVISIONS
250.005 Definitions.
As used in this chapter:
(1)
“County clerk” means the county clerk or the county official in charge of
elections.
(2)
“Elector” means an individual qualified to vote under section 2, Article II,
Oregon Constitution.
(3)
“Measure” includes any of the following submitted to the people for their approval
or rejection at an election:
(a)
A proposed law.
(b)
An Act or part of an Act of the Legislative Assembly.
(c)
A revision of or amendment to the Oregon Constitution.
(d)
Local, special or municipal legislation.
(e)
A proposition or question.
(4)
“Prospective petition” means the information, except signatures and other
identification of petition signers, required to be contained in a completed
petition. [1979 c.190 §140; 1983 c.392 §3]
250.010
[Amended by 1957 c.608 §120; repealed by 1979 c.190 §431]
250.015 Form of petition; numbering of
signature sheets; rules. The Secretary of State by rule
shall:
(1)
Design the form of the prospective petition, and the initiative and the
referendum petition, including the signature sheets, to be used in any
initiative or referendum in this state.
(2)
Designate the quality of paper to be used for signature sheets in order to
ensure the legibility of the signatures.
(3)
Prescribe a system for numbering the signature sheets to be used in any
initiative or referendum in this state. [1979 c.190 §141; 1979 c.345 §1; 1981
c.909 §1; 1989 c.68 §5; 2005 c.22 §188]
250.020
[Amended by 1957 c.608 §121; 1961 c.121 §4; 1979 c.190 §232; 1979 c.519 §17;
renumbered 254.085]
250.025 Qualifications for signers of petition;
removal of signatures. (1) Any elector may sign an
initiative or referendum petition for any measure on which the elector is
entitled to vote.
(2)
After an initiative or referendum petition is submitted for signature
verification, no elector who signed the petition may remove the signature of
the elector from the petition. [Formerly 254.160; 1985 c.808 §24]
250.029 Withdrawal of initiative or referendum
petition; form. (1) Except as provided in
subsection (2) of this section, the chief petitioners of an initiative or
referendum petition may withdraw the petition at any time prior to the
submission of the petition for signature verification.
(2)
The chief petitioners of an initiative petition relating to a state measure may
withdraw the petition at any time prior to the submission of the total number
of signatures required on the petition for signature verification.
(3)
The Secretary of State by rule shall design a form for use in filing a
withdrawal of any initiative or referendum petition. The withdrawal form must
be signed by all of the chief petitioners and filed with the filing officer. [1995
c.607 §25; 2009 c.533 §9]
250.030
[Amended by 1957 c.608 §122; 1961 c.121 §5; 1979 c.190 §233; 1979 c.317 §8a;
1979 c.519 §18a; renumbered 254.095]
250.031 Rules for conduct of election
under section 11, Article XI of Oregon Constitution.
The Secretary of State shall adopt administrative rules for the conduct of
elections under section 11, Article XI of the Oregon Constitution, that include
but are not limited to provisions that:
(1)
Set forth the requirements for an election to which section 11 (8), Article XI
of the Oregon Constitution, is applicable that are consistent with the voter
registration requirements of ORS chapter 247 and with the federal National
Voter Registration Act of 1993 (P.L. 103-31);
(2)
Provide directions to election officers for calculating whether the required
number of registered voters eligible to vote voted in the election; and
(3)
Interpret the words “cast a ballot” in section 11 (8), Article XI of the Oregon
Constitution, as meaning that a ballot was lawfully cast, whether or not the
vote of that ballot may lawfully be counted for reasons other than the
eligibility of the voter to vote. [1997 c.541 §310]
250.035 Form of ballot titles for state
and local measures. (1) The ballot title of any
measure, other than a state measure, to be initiated or referred shall consist
of:
(a)
A caption of not more than 10 words which reasonably identifies the subject of
the measure;
(b)
A question of not more than 20 words which plainly phrases the chief purpose of
the measure so that an affirmative response to the question corresponds to an
affirmative vote on the measure; and
(c)
A concise and impartial statement of not more than 175 words summarizing the
measure and its major effect.
(2)
The ballot title of any state measure to be initiated or referred shall consist
of:
(a)
A caption of not more than 15 words that reasonably identifies the subject
matter of the state measure. The caption of an initiative or referendum
amendment to the Constitution shall begin with the phrase, “Amends
Constitution,” which shall not be counted for purposes of the 15-word caption
limit;
(b)
A simple and understandable statement of not more than 25 words that describes
the result if the state measure is approved. The statement required by this
paragraph shall include either the phrase, “I vote” or “vote yes,” or a
substantially similar phrase, which may be placed at any point within the
statement;
(c)
A simple and understandable statement of not more than 25 words that describes
the result if the state measure is rejected. The statement required by this
paragraph shall not describe existing statutory or constitutional provisions in
a way that would lead an average elector to believe incorrectly that one of
those provisions would be repealed by approval of the state measure, if
approval would not have that result. Any thing or
action described both in the statement required by paragraph (b) of this
subsection and in the statement required by this paragraph shall be described
using the same terms in both statements, to the extent practical. Any different
terms must be terms that an average elector would understand to refer to the
same thing or action. The statement shall include either the phrase, “I vote”
or “vote no,” or a substantially similar phrase, which may be placed at any
point within the statement; and
(d)
A concise and impartial statement of not more than 125 words summarizing the
state measure and its major effect.
(3)
The statements required by subsection (2)(b) and (c) of this section shall be
written so that, to the extent practicable, the language of the two statements
is parallel.
(4)
The statement required by subsection (2)(b) of this section shall be written so
that an affirmative response to the statement corresponds to an affirmative
vote on the state measure.
(5)
The statement required by subsection (2)(c) of this section shall be written so
that an affirmative response to the statement corresponds to a negative vote on
the state measure.
(6)
In the statements required by subsection (2)(b), (c) and (d) of this section,
reasonable discretion shall be allowed in the use of articles and conjunctions,
but the statements shall not omit articles and conjunctions that are necessary
to avoid confusion to or misunderstanding by an average elector. [1979 c.190 §143;
1979 c.675 §1; 1985 c.405 §1; 1987 c.556 §1; 1987 c.875 §1; 1995 c.534 §1; 1997
c.541 §312; 1999 c.793 §1; 2001 c.104 §78; 2009 c.566 §3]
250.036 Form of ballot title for measure
subject to section 11 (8), Article XI of Oregon Constitution; exception.
(1) Notwithstanding any other provision of law, all ballot titles subject to
section 11 (8), Article XI of the Oregon Constitution, shall include the
following statement as the first statement of the ballot title summary:
______________________________________________________________________________
This
measure may be passed only at an election with at least a 50 percent voter
turnout.
______________________________________________________________________________
(2)
As used in this section, “at least a 50 percent voter turnout” means a voter
turnout that meets the requirements of section 11 (8), Article XI of the Oregon
Constitution.
(3)
The statement required by this section shall not be counted in determining the
word count requirements of ORS 250.035.
(4)
Subsection (1) of this section does not apply to the ballot title of a measure
subject to section 11k, Article XI of the Oregon Constitution. [1997 c.541 §311;
2009 c.247 §1]
250.037 Form of ballot title for measure
requesting approval of certain bonds. (1) The
ballot title of any measure requesting elector approval of bonds, the principal
and interest on which will be payable from taxes imposed on property or
property ownership that are not subject to the limitations of sections 11 and
11b, Article XI of the Oregon Constitution, shall contain, in addition to the
matters required by ORS 250.035, the following statement immediately after the
ballot title question and appearing with it, in this manner:
______________________________________________________________________________
Question:
(herein the question is stated) If the bonds are approved, they will be payable
from taxes on property or property ownership that are not subject to the limits
of sections 11 and 11b, Article XI of the Oregon Constitution.
______________________________________________________________________________
(2)
The words of the statement required by subsection (1) of this section are not
counted for purposes of ORS 250.035.
(3)
The ballot title statement for any measure requesting elector approval of
bonds, the principal and interest on which is to be payable from taxes imposed
on property or property ownership that are not subject to the limitations of
sections 11 and 11b, Article XI of the Oregon Constitution, shall contain, in
addition to the other requirements of ORS 250.035 and this section, a
reasonably detailed, simple and understandable description of the use of
proceeds.
(4)
The front of the outer envelope in which the ballot title is delivered shall
state, clearly and boldly printed in red, “CONTAINS VOTE ON PROPOSED TAX
INCREASE.” [1991 c.902 §119; 1997 c.541 §313; 2007 c.154 §10]
250.038 Form of ballot title for measure
authorizing imposition or renewal of local option taxes or establishing permanent
rate limitation. (1) In addition to meeting other
applicable requirements of this chapter:
(a)
The ballot title for a measure authorizing the imposition of local option taxes
shall contain the statement required by ORS 280.070 (4) and the information
required by ORS 280.070 (5);
(b)
The ballot title for a measure authorizing the establishment of a permanent
rate limitation shall contain the information required by ORS 280.070 (6); and
(c)
Except as provided in subsection (2) of this section, the front of the outer
envelope in which the ballot title is delivered shall state, clearly and boldly
printed in red, one of the following statements:
(A)
For a measure authorizing the imposition of local option taxes, “CONTAINS VOTE
ON PROPOSED TAX INCREASE”; or
(B)
For a measure authorizing a renewal of current local option taxes, “CONTAINS
VOTE ON RENEWAL OF CURRENT LOCAL OPTION TAXES.”
(2)
If a ballot contains a measure authorizing the imposition of local option taxes
and a measure authorizing the renewal of a current local option tax, the front
of the outer envelope in which the ballot is delivered shall state, clearly and
boldly printed in red, “CONTAINS VOTE ON PROPOSED TAX INCREASE.” [1999 c.632 §25;
2007 c.154 §11; 2009 c.720 §2]
250.039
[Formerly ORS 250.055; repealed by 1995 c.534 §19]
250.040
[Repealed by 1957 c.608 §231]
250.041 Applicability of ORS 250.005 to
250.038 to counties and cities. ORS 250.005
to 250.038 apply to the exercise of initiative or referendum powers:
(1)
Regarding a county measure, regardless of anything to the contrary in the
county charter or ordinance.
(2)
Regarding a city measure, regardless of anything to the contrary in the city
charter or ordinance. [1983 c.514 §11; 2005 c.797 §54]
250.042 Effect of failure of petition
circulator to certify signature sheet. If a
signature sheet of a petition is not certified by the circulator as required
under ORS 198.430, 198.750, 221.031, 248.008, 249.061, 249.740, 249.865,
250.045, 250.165, 250.265, 255.135, 261.115 and 545.025, signatures contained
on the signature sheet may not be counted for purposes of determining whether
the petition contains the required number of signatures of electors. [2007
c.848 §8b]
250.043 Acceptance of initiative or
referendum petition without original signatures.
(1) Notwithstanding ORS 250.105, 250.215, 250.315 and 255.175, an initiative or
referendum petition for which original signatures are otherwise required may be
accepted by the appropriate filing officer for signature verification with
photographic copies of one or more signature sheets if:
(a)
The signature sheets containing the original signatures were stolen or
destroyed by fire, a natural disaster or other act of God; and
(b)
The photographic copy of each original signature sheet contains the number of
the original signature sheets prescribed by the Secretary of State under ORS
250.015.
(2)
As used in this section:
(a)
“Act of God” means an unanticipated grave natural disaster or other natural
phenomenon of an exceptional, inevitable and irresistible character, the
effects of which could not have been prevented or avoided by the exercise of
due care or foresight.
(b)
“Filing officer” means the Secretary of State in the case of an initiative or
referendum petition relating to a state measure, the county clerk in the case
of an initiative or referendum petition relating to a county measure, the city
elections officer in the case of an initiative or referendum petition relating
to a city measure and the elections officer as defined in ORS 255.005 in the
case of an initiative or referendum petition relating to a district measure. [1989
c.68 §13]
250.044 When actions challenging constitutionality
of state measure must be filed in Marion County Circuit Court.
(1) An action that challenges the constitutionality of a measure initiated by
the people or referred to the people for a vote must be commenced in the
Circuit Court for Marion County if:
(a)
The action is filed by a plaintiff asserting a claim for relief that challenges
the constitutionality of a state statute or an amendment to the Oregon
Constitution initiated by the people or referred to the people under section 1
(1) to (4), Article IV of the Oregon Constitution;
(b)
The action is commenced on or after the date that the Secretary of State
certifies that the challenged measure has been adopted by the electors and
within 180 days after the effective date of the measure; and
(c)
The action may not be commenced in the Oregon Tax Court.
(2)
An action under subsection (1) of this section must be within the jurisdiction
of circuit courts and must present a justiciable
controversy. The plaintiff in an action subject to the requirements of this
section must serve a copy of the complaint on the Attorney General.
(3)
If an action subject to the requirements of this section is filed in a court
other than the Circuit Court for Marion County, the other court, on its own
motion or the motion of any party to the action, shall dismiss the action or
transfer the action to the Circuit Court for Marion County.
(4)
This section does not apply to any civil or criminal proceeding in which the
constitutionality of a state statute or provision of the Oregon Constitution is
challenged in a responsive pleading.
(5)
If a judgment in an action subject to the requirements of this section holds
that a challenged measure is invalid in whole or in part, a party to the action
may appeal the judgment only by filing a notice of appeal directly with the
Supreme Court within the time and in the manner specified in ORS chapter 19 for
civil appeals to the Court of Appeals. Any party filing a notice of appeal
under this subsection must note in the notice of appeal that the case is
subject to this subsection.
(6)
If a judgment in an action subject to the requirements of this section holds
that a challenged measure is valid, a party to the action may appeal the
judgment by filing a notice of appeal in the Court of Appeals within the time
and in the manner specified in ORS chapter 19 for civil appeals.
Notwithstanding ORS 19.405 (1), the party may move the Court of Appeals to
certify the appeal to the Supreme Court, and the Court of Appeals acting in its
sole discretion may so certify the appeal. If the Court of Appeals certifies
the appeal to the Supreme Court, the Supreme Court shall accept or deny
acceptance of the certification as provided in ORS 19.405 (2). [1997 c.794 §2]
STATE MEASURES
250.045 Prospective petition; signature
requirement; cover and signature sheet requirements; rules.
(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 the signatures of at least 1,000
electors. The signature sheets must be attached to a full and correct copy of
the measure to be initiated.
(2)
Before obtaining signatures on a prospective petition for a state measure to be
initiated, the chief petitioners shall file with the secretary a statement
declaring whether one or more persons will be paid money or other valuable
consideration for obtaining signatures of electors on the prospective petition.
After a statement has been filed under this subsection, the chief petitioners
shall notify the secretary 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 filed
under this subsection declared that no such person would be paid.
(b)
No person is being paid for obtaining signatures, when the statement filed
under this subsection declared that one or more such persons would be paid.
(3)
The secretary by rule shall establish procedures for verifying whether a
prospective petition for a state measure to be initiated contains the required
number of signatures of electors.
(4)
The secretary shall date and time stamp the prospective petition and specify
the form on which the initiative or referendum petition shall be printed for
circulation as provided in ORS 250.052. The secretary shall retain the
prospective petition.
(5)
The chief petitioner may amend the state measure to be initiated that has been
filed with the secretary without filing another prospective petition, if:
(a)
The Attorney General certifies to the secretary 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.
(6)
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 by rule. The cover
of a referendum petition shall contain the final measure summary 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 latest ballot title certified
by the Attorney General under 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.
(7)
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.
(8)(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 a notice describing the meaning of the color of the signature sheet in
accordance with ORS 250.052; and
(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.” The notice shall be in boldfaced type and shall be prominently
displayed on the sheet.
(c)
The secretary 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.
(9)
The reverse side of the cover of an initiative or referendum petition shall be
used for obtaining signatures on the initiative or referendum petition.
(10)
Not more than 20 signatures on the signature sheet of the initiative or
referendum petition may be counted. The circulator shall certify on each
signature sheet of the initiative or referendum petition that the circulator:
(a)
Witnessed the signing of the signature sheet by each individual whose signature
appears on the signature sheet; and
(b)
Believes each individual is an elector.
(11)
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. [1979 c.190 §144; 1979
c.345 §2; 1981 c.909 §2; 1983 c.514 §8; 1983 c.756 §9; 1985 c.447 §1; 1985
c.808 §25; 1987 c.519 §1; 1989 c.959 §3; 1992 c.1 §1; 1995 c.607 §26; 1997
c.846 §1; 1999 c.262 §2; 1999 c.318 §27; 1999 c.793 §2; 2001 c.965 §4; 2005
c.797 §36; 2007 c.159 §3; 2007 c.848 §8; 2009 c.533 §1]
250.048 Registration and training for paid
petition circulators; requirements; effect of failure to register; rules.
(1) A person may not pay money or other valuable consideration to another
person for obtaining signatures of electors on a state initiative, referendum
or recall petition or a prospective petition for a state measure to be
initiated, and a person may not receive money or other valuable consideration
for obtaining signatures of electors on a state initiative, referendum or
recall petition or a prospective petition for a state measure to be initiated,
unless the person obtaining the signatures:
(a)
Registers with the Secretary of State in the manner prescribed by this section
and by rule of the secretary; and
(b)
Completes the training program prescribed by rule of the secretary.
(2)
A person may apply to the secretary for a registration required under
subsection (1) of this section. The application shall include:
(a)
The full name and any assumed name of the applicant;
(b)
The residential street address of the applicant;
(c)
An example of the signature of the applicant;
(d)
A list of the prospective petitions on which the applicant will gather
signatures;
(e)
A list of the initiative, referendum and recall petitions on which the
applicant will gather signatures;
(f)
If the applicant has been convicted for a criminal offense involving fraud,
forgery or identification theft, information relating to the circumstances of
the conviction as required by the secretary;
(g)
A statement signed by the applicant acknowledging that the applicant has read
and understands Oregon law applicable to the gathering of signatures on state
initiative, referendum and recall petitions and prospective petitions for state
measures to be initiated, as the law is summarized in the training program
established by the Secretary of State;
(h)
Evidence indicating that the applicant has completed the training required by
the secretary by rule;
(i) A photograph of the applicant; and
(j)
A statement signed by a chief petitioner of each petition or prospective
petition, or a person designated by a chief petitioner under this paragraph,
upon which the applicant will gather signatures acknowledging that the chief
petitioner is liable for violations of law or rule committed by the person
obtaining signatures as provided in ORS 260.561. A chief petitioner may
designate a person to sign a statement described in this paragraph on behalf of
the chief petitioner.
(3)(a)
If an applicant complies with subsection (2) of this section, not later than
five business days after the applicant applies, the secretary shall register
the applicant and assign the applicant a registration number.
(b)
A person who is registered to obtain signatures on a prospective petition for a
state measure to be initiated need not reapply for a registration under this
section in order to obtain signatures on a state initiative, referendum or
recall petition, except that the person shall submit a list of the initiative,
referendum and recall petitions on which the person will gather signatures.
(c)
A registration to obtain signatures on a state initiative petition or a
prospective petition for a state measure to be initiated is valid until the
date that is four months before the next general election.
(d)
A registration to obtain signatures on a referendum or recall petition is valid
until the date the petition is filed for signature verification.
(4)
A person may not apply for registration under this section if, during the
five-year period prior to the date of application, the person:
(a)
Has been convicted for a criminal offense involving fraud, forgery or
identification theft in any state;
(b)
Has had a civil penalty imposed under ORS 260.995 for a violation of this
section or ORS 260.262; or
(c)
Has had a civil or criminal penalty imposed for violation of a statute subject
to a criminal penalty under ORS 260.993.
(5)
To assist in determining the identity of an applicant or whether an applicant
has been convicted for a criminal offense described in subsection (4) of this
section, upon consent of the applicant and upon request of the secretary, the
Department of State Police shall furnish to the secretary any information that
the department may have in its possession, including but not limited to the Law
Enforcement Data System established in ORS 181.730, other computerized
information and any other information to which the department may have access.
For purposes of receiving the information described in this subsection, the
office of the Secretary of State is a “criminal justice agency” under ORS
181.010 to 181.560 and 181.715 to 181.730 and the rules adopted under ORS
181.555. Upon submitting an application for registration described in
subsection (2) of this section, an applicant is deemed to have given the
consent necessary for purposes of this subsection.
(6)
If a person receives money or other valuable consideration for obtaining
signatures of electors on a state initiative, referendum or recall petition or
a prospective petition for a state measure to be initiated and the person was
not registered as required under this section at the time the signatures were
obtained, the secretary may not include any signatures obtained by the person
in a count under ORS 250.045 (3) or 250.105 or ORS chapter 249 for purposes of
determining whether the petition or prospective petition contains the required
number of signatures of electors.
(7)
A person registered under this section shall carry evidence of registration
with the person while the person is obtaining signatures on a state initiative,
referendum or recall petition or a prospective petition for a state measure to
be initiated. The evidence of registration shall contain the photograph and
registration number of the person. The secretary by rule shall designate the
form of the evidence of registration.
(8)
A photograph of an applicant submitted under subsection (2) of this section
shall:
(a)
Be a conventional photograph with a plain background;
(b)
Show the face or the face, neck and shoulders of the applicant; and
(c)
Be prepared and processed for printing as prescribed by the secretary.
(9)
A person registered under this section may not obtain signatures on a petition
or prospective petition for which the person is being paid and, at the same
time, obtain signatures on a petition or prospective petition for which the
person is not being paid. The secretary may not include any signatures obtained
in violation of this subsection in a count under ORS 250.045 (3) or 250.105 or
ORS chapter 249 for purposes of determining whether a state initiative,
referendum or recall petition or a prospective petition for a state measure to
be initiated contains the required number of signatures of electors.
(10)
The secretary shall adopt rules necessary to implement this section, including
rules:
(a)
Establishing procedures for registering persons who may be paid money or other
valuable consideration for obtaining signatures of electors on state
initiative, referendum or recall petitions or prospective petitions for state
measures to be initiated; and
(b)
Establishing a training program for persons who may be paid money or other
valuable consideration for obtaining signatures of electors on state
initiative, referendum or recall petitions or prospective petitions for state
measures to be initiated. [2007 c.848 §2; 2009 c.533 §2; 2009 c.720 §6; 2010
c.9 §4; 2011 c.547 §42]
250.050
[Repealed by 1957 c.608 §231]
250.052 Official templates of cover and
signature sheets; electronic template; rules. (1)(a)
For each state initiative, referendum or recall petition, the Secretary of
State shall prepare official templates of the cover and signature sheets for
the petition. Except as provided in this section, templates of cover and
signature sheets for state initiative and referendum petitions are subject to
the requirements of ORS 250.045. The templates of signature sheets to be used
by persons who are being paid to obtain signatures on the petition shall be a
different color from the sheets to be used by persons who are not being paid to
obtain signatures on the petition.
(b)
For each prospective petition for a state measure to be initiated the secretary
shall prepare official templates of the cover and signature sheets. The
templates of signature sheets to be used by persons who are being paid to
obtain signatures on the prospective petition shall be a different color from
the sheets to be used by persons who are not being paid to obtain signatures on
the prospective petition. Each signature sheet for the prospective petition
shall:
(A)
Contain a notice describing the meaning of the color of the signature sheet;
and
(B)
If one or more persons will be paid for obtaining signatures of electors on the
prospective petition, contain a notice stating: “Some Circulators For This
Prospective Petition Are Being Paid.” The notice shall be in boldfaced type and
shall be prominently displayed on the sheet.
(2)
A person obtaining signatures on a state initiative, referendum or recall
petition or a prospective petition for a state measure to be initiated may use
only the cover and signature sheets contained in the official templates
prepared for the petition or prospective petition. A person who is being paid
to obtain signatures on the petition or prospective petition shall use the
signature sheet template designated for use by persons being paid to obtain
signatures. A person who is not being paid to obtain signatures on the petition
or prospective petition shall use the signature sheet template designated for
use by persons who are not being paid to obtain signatures.
(3)
The secretary shall issue templates for a petition or prospective petition only
to a chief petitioner of the petition or prospective petition or to an agent
designated by a chief petitioner.
(4)
The secretary shall issue official templates to a chief petitioner or
designated agent not later than:
(a)
Three business days after the deadline for filing a petition under ORS 250.085
relating to a ballot title certified by the Attorney General for the state
initiative petition or, if a petition is filed with the Supreme Court under ORS
250.085, three business days after the Supreme Court certifies to the Secretary
of State a ballot title for the state initiative petition;
(b)
Three business days after a prospective petition is filed under ORS 249.865 or
250.045 for a state recall petition or state referendum petition; or
(c)
Three business days after the chief petitioner files a statement with the
secretary under ORS 250.045 (2) for a prospective petition for a state measure
to be initiated.
(5)
Not later than five business days after the deadline for the secretary to issue
templates under subsection (4) of this section, a chief petitioner of a state
initiative, referendum or recall petition or a prospective petition for a state
measure to be initiated may submit to the secretary a written request for
modification of the templates. The secretary shall approve or disapprove the
request not later than five business days after receiving the request. If the
secretary disapproves the request, the secretary shall advise the chief
petitioner in writing of the reasons for the disapproval.
(6)
In addition to the templates prepared under subsections (1) to (5) of this
section, for each state initiative, referendum or recall petition, the
secretary shall prepare an official electronic template of a signature sheet
for the petition. A template prepared under this subsection shall allow space
for the signature of one elector. An elector may print a copy of the electronic
signature sheet for a petition, sign the sheet and deliver the signed sheet to
a chief petitioner or an agent designated by a chief petitioner. Electronic
templates described in this subsection are subject to the requirements of ORS
250.045, other than ORS 250.045 (6), (9) and (10).
(7)
The secretary shall adopt rules prescribing the contents and method of
production of official templates required under this section. [2007 c.848 §3;
2009 c.533 §3]
250.055 [1979
c.675 §3; 1981 c.145 §1; renumbered 250.039]
250.060
[Repealed by 1957 c.608 §231]
250.062 Identical draft ballot titles
required for certain state measures. If the
Attorney General determines that the subject, purpose and major effect of two
or more state initiative measures to be submitted at the same election are
substantially similar, the Attorney General shall provide identical draft
ballot titles for the measures. [2009 c.566 §2]
250.065 Preparation of ballot titles for
certain state measures. (1) When a prospective petition
for a state measure to be referred is filed with the Secretary of State, the
secretary shall authorize the circulation of the petition using the final
measure summary of the latest version of the printed, engrossed measure in lieu
of the ballot title. On the next business day after the referendum petition has
been filed containing the required number of verified signatures, the Secretary
of State shall send two copies of the prospective petition to the Attorney
General.
(2)
When an approved prospective petition for a state measure to be initiated is
filed with the Secretary of State, the secretary immediately shall send two
copies of it to the Attorney General.
(3)
Not later than the fifth business day after receiving the copies of the
prospective petition for a state measure to be initiated, the Attorney General
shall provide a draft ballot title for the state measure to be initiated and
return one copy of the prospective petition and the ballot title to the
Secretary of State.
(4)
Not later than the 10th business day after receiving the copies of the
prospective petition for a state measure to be referred, the Attorney General
shall provide a draft ballot title for the state measure to be referred and
return one copy of the prospective petition and the draft ballot title to the
Secretary of State. [Formerly 254.055; 1985 c.447 §2; 2005 c.797 §37; 2007
c.848 §9]
250.067 Notice of draft ballot title;
written comments; certification of title; correction of clerical errors; rules.
(1) The Secretary of State, upon receiving a draft ballot title from the
Attorney General under ORS 250.065 or 250.075, shall provide reasonable
statewide notice of having received the draft ballot title and of the public’s
right to submit written comments as provided in this section. Written comments
concerning a draft ballot title may be submitted to the secretary not later
than the 10th business day after the secretary receives the draft title from
the Attorney General. On the next business day after the deadline for
submitting comments, the secretary shall send a copy of all written comments to
the Attorney General. The secretary shall maintain a record of written comments
received.
(2)(a)
If written comments are submitted to the secretary under subsection (1) of this
section, the Attorney General shall consider the comments and certify to the
secretary either the draft ballot title or a revised ballot title not later
than the 10th business day after receiving the comments from the secretary.
(b)
If no written comments are submitted to the secretary, the Attorney General
shall certify the draft ballot title not later than the 20th business day after
the secretary receives the draft title from the Attorney General. If the
Attorney General determines that a draft ballot title described in this
paragraph contains a clerical error, the Attorney General may correct the error
before certifying the corrected draft ballot title to the secretary.
(c)
If the Attorney General determines that a ballot title certified under this
subsection contains a clerical error, the Attorney General may correct the
error and certify to the secretary a corrected ballot title not later than the
10th business day after the date the ballot title was certified.
(d)
The secretary shall furnish the chief petitioner with a copy of each ballot
title certified under this subsection.
(3)
Unless the Supreme Court certifies a different ballot title, the latest ballot
title certified by the Attorney General under subsection (2) of this section is
the title to be printed in the voters’ pamphlet and on the ballot.
(4)
If a petition is filed with the Supreme Court as provided in ORS 250.085, the
Secretary of State shall file with the Supreme Court a copy of the written
comments received as part of the record on review of the ballot title.
(5)
The secretary by rule shall specify the means for providing reasonable
statewide notice for submitting comments on a draft ballot title.
(6)
As used in this section, “clerical error” means a typographical, arithmetical
or grammatical error or omission that is evident from the text of the draft or
certified ballot title or by comparison of the text of the draft or certified
ballot title with a written explanation that was provided by the Attorney
General and issued concurrently with the draft or certified ballot title. [1985
c.447 §5; 1989 c.503 §5; 2001 c.802 §1; 2005 c.797 §38; 2007 c.159 §1; 2007
c.848 §10]
250.070
[Amended by 1957 c.608 §123; 1961 c.121 §6; 1979 c.190 §234; renumbered
254.107]
250.075 Preparation of ballot titles by
Legislative Assembly. (1) When the Legislative
Assembly refers a measure to the people, a ballot title for the measure may be
prepared by the assembly. The ballot title shall be filed with the Secretary of
State when the measure is filed with the Secretary of State.
(2)
If the title is not prepared under subsection (1) of this section, when the
measure is filed with the Secretary of State, the secretary shall send two
copies of the referred measure to the Attorney General. Not later than the 30th
day after the Legislative Assembly adjourns, the Attorney General shall provide
a draft ballot title for the measure. The Attorney General shall send a copy of
the draft ballot title to each member of the Legislative Assembly, and file
with the Secretary of State a copy of the referred measure and the draft ballot
title and a certificate of mailing of the draft ballot title to each member. [Formerly
254.073; 1985 c.447 §3; 1995 c.607 §27]
250.080
[Amended by 1979 c.190 §242; renumbered 254.185]
250.085 Procedure for elector dissatisfied
with ballot title of state measure; Supreme Court review of title.
(1) Any elector dissatisfied with a ballot title prepared by the Legislative
Assembly for a measure referred to the people by the assembly and filed with
the Secretary of State may petition the Supreme Court seeking a different
title. The petition shall state the reasons that the title filed with the
Secretary of State does not substantially comply with the requirements of ORS
250.035.
(2)
Any elector dissatisfied with the latest ballot title for an initiated or
referred measure certified by the Attorney General and who timely submitted
written comments on the draft ballot title may petition the Supreme Court
seeking a different title. The petition shall state the reasons that the title
filed with the Secretary of State does not substantially comply with the
requirements of ORS 250.035.
(3)
The petition shall name the Attorney General as the respondent and must be
filed:
(a)
Not later than the 10th business day after the Attorney General certifies a
ballot title or a corrected ballot title to the Secretary of State, whichever
is later; or
(b)
If the title is provided by the Legislative Assembly under ORS 250.075, not
later than the 10th business day after the Legislative Assembly files the
ballot title with the Secretary of State.
(4)
An elector filing a petition under this section shall notify the Secretary of
State in writing that the petition has been filed. The notice must be received
in the office of the Secretary of State not later than 5 p.m. on the next
business day following the day the petition is filed.
(5)
The Supreme Court shall review the title for substantial compliance with the
requirements of ORS 250.035.
(6)
When reviewing a title certified by the Attorney General, the Supreme Court
shall not consider arguments concerning the ballot title not presented in
writing to the Secretary of State unless the court determines that the argument
concerns language added to or removed from the draft title after expiration of
the comment period provided in ORS 250.067.
(7)
The review by the Supreme Court shall be conducted expeditiously to ensure the
orderly and timely circulation of the petition or conduct of the election at
which the measure is to be submitted to the electors.
(8)
If the Supreme Court determines that the latest ballot title certified by the
Attorney General or prepared by the Legislative Assembly substantially complies
with the requirements of ORS 250.035, the court shall certify the title to the
Secretary of State. If the Supreme Court determines that the latest ballot
title certified by the Attorney General or prepared by the Legislative Assembly
does not substantially comply with the requirements of ORS 250.035, the court
shall modify the ballot title and certify the ballot title to the Secretary of
State or refer the ballot title to the Attorney General for modification.
(9)
Not later than five business days after the Supreme Court refers a ballot title
to the Attorney General under this section, the Attorney General shall file a
modified ballot title with the Supreme Court and serve copies of the modified
ballot title on all parties to the ballot title review proceeding. If no party
to the ballot title review proceeding files an objection to the modified ballot
title within five business days after the date the modified ballot title is
filed, the Supreme Court shall certify the modified ballot title to the Secretary
of State and enter an appellate judgment the next judicial day. If any of the
parties to the ballot title review proceeding timely files a petition objecting
to the modified ballot title, the Supreme Court shall review the modified
ballot title to determine whether the modified ballot title substantially
complies with the requirements of ORS 250.035.
(10)
Upon the filing of a petition under subsection (9) of this section objecting to
a modified ballot title:
(a)
If the Supreme Court determines that the modified ballot title substantially
complies with the requirements of ORS 250.035, the court shall certify the
modified ballot title to the Secretary of State; or
(b)
If the Supreme Court determines that the modified ballot title does not
substantially comply with the requirements of ORS 250.035, the court shall
modify the ballot title and certify the ballot title to the Secretary of State
or refer the modified ballot title to the Attorney General for additional
modification and further proceedings under subsection (9) of this section. [Formerly
254.077; 1983 c.514 §9; 1985 c.447 §6; 1987 c.519 §2; 1989 c.503 §6; 1993 c.493
§96; 1995 c.534 §2; 2001 c.802 §2; 2007 c.159 §2]
250.090
[Amended by 1957 c.608 §124; 1979 c.190 §243; renumbered 254.195]
250.095 State measures affecting a county
or district. A law enacted by the Legislative
Assembly relating only to a county or district may be referred by the
Legislative Assembly or by petition to the people of the county or district.
The percentage of signatures required under section 1, Article IV, Oregon
Constitution, for a referendum petition filed under this section shall be based
on the vote for Governor within the county or district. [1979 c.190 §148]
250.100
[Repealed by 1957 c.608 §231]
250.105 Petition filing requirements;
monthly filing; signature verification; rules.
(1)(a) An initiative or referendum petition relating to a state measure must be
filed with the Secretary of State for the purpose of verifying whether the
petition contains the required number of signatures of electors.
(b)
Signatures previously verified on a prospective petition for a state measure to
be initiated shall be included in the calculation under this section for the
purpose of verifying whether the initiative petition contains the required
number of signatures of electors.
(c)
When filing an initiative or referendum petition, the chief petitioner shall
sort the signature sheets on the basis of the name of the person who obtained
the signatures on the sheet.
(d)
The secretary shall adopt rules establishing procedures for verifying
signatures on an initiative or referendum petition.
(e)
A filed initiative or referendum petition must contain only original
signatures. The secretary or county clerk shall verify each petition in the
order in which the petitions are filed with the secretary.
(2)(a)
Once every month, the chief petitioner of an initiative petition relating to a
state measure shall file with the secretary all signature sheets containing
signatures of electors obtained by a person being paid to obtain signatures on
the petition since the previous monthly filing. The secretary shall hold all
signature sheets filed under this subsection unless the chief petitioner
withdraws the petition.
(b)
The secretary shall adopt rules prescribing the dates by which signature sheets
must be filed each month. The secretary may not accept signature sheets
containing signatures of electors obtained by a person being paid to obtain
signatures on the petition before the previous monthly filing deadline
prescribed under this paragraph for purposes of determining whether an
initiative petition relating to a state measure contains the required number of
signatures of electors under this section.
(3)
The secretary may not accept a referendum petition relating to a state measure
for filing if the petition contains less than 100 percent of the required
number of signatures. The secretary may not determine whether an initiative
petition contains the required number of signatures of electors unless at least
100 percent of the required number of signatures have been filed with the
secretary.
(4)
If the total number of signatures required on an initiative petition or
referendum petition is submitted not less than 165 days before the election at
which the proposed measure is to be voted upon and if the secretary determines
that insufficient signatures have been submitted but the deadline for filing
signatures on the petition has not passed, the petitioners may submit
additional signatures.
(5)
The secretary by rule shall designate a statistical sampling technique to
verify whether a petition contains the required number of signatures of
electors. A petition may 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. If two samplings are required under this subsection, the total number
of signatures verified on the petition shall be not less than five percent of
the total number of signatures on the petition.
(6)
For purposes of estimating the number of duplicate signatures contained in a
petition, the secretary shall apply at least an eight percent duplication rate
in the first sampling of signatures on all petitions. If a second sampling of
signatures is required under subsection (5) of this section, the secretary
shall calculate an estimated signature duplication rate for each petition for
which a second sampling is required. The calculation shall be based on the
number of electors the secretary determines have signed a specific petition
more than once.
(7)
When verifying signatures for a state initiative or referendum petition, the
secretary or county clerk shall identify on an elector’s voter registration
record or other database that the elector signed the specific initiative or
referendum petition.
(8)
The Secretary of State may employ professional assistance to determine the
sampling technique to be designated under subsection (5) of this section.
(9)
The Secretary of State and the county clerk, if requested, shall permit
authorized persons to be at the office of the secretary or county clerk to
watch the verification of signatures on a state initiative petition or
prospective petition for a state measure to be initiated under this section.
The authorization shall be in writing and shall be filed with the secretary or
county clerk. The secretary or county clerk shall permit only as many persons
as watchers under this subsection as will not interfere with an orderly
procedure at the office of the secretary or county clerk. [1979 c.190 §149;
1985 c.447 §7; 1989 c.68 §6; 1999 c.1021 §1; 2007 c.848 §11; 2009 c.533 §8;
2009 c.720 §5]
250.110
[Amended by 1953 c.632 §6; 1957 c.608 §126; 1961 c.170 §2; subsection (7)
enacted as 1967 c.26 §4; 1977 c.508 §6; 1979 c.190 §237; renumbered 254.135]
250.115 Numbering of state measures.
(1) The Secretary of State shall number the measures to be voted on in the
state at large consecutively and shall not repeat any number in any subsequent
election. For each election, the numbers assigned shall begin with the number
after the last number assigned under this section at the previous election. The
Secretary of State shall number amendments to the Oregon Constitution referred
to the people by the Legislative Assembly in the order that the amendments are
filed with the Secretary of State, followed immediately in number by Acts of
the Legislative Assembly submitted to the people for approval or rejection in
the order that the Acts are filed with the Secretary of State, followed
immediately in number by initiative or referendum petitions in the order that
the petitions are filed for signature verification with the Secretary of State.
(2)
The Secretary of State shall number state measures not referred to under
subsection (1) of this section consecutively, beginning with the number after
the last number assigned under subsection (1) of this section, in the order in
which the measures are filed with the secretary. [1979 c.190 §150; 1993 c.493 §14;
2001 c.267 §1; 2008 c.33 §1]
250.120
[Amended by 1953 c.632 §6; repealed by 1957 c.608 §231]
250.121 [1957
c.608 §130; 1961 c.68 §2; 1979 c.190 §244; renumbered 254.205]
250.125 Estimate of financial impact of
state measures; financial estimate committee. (1)
When a state measure involves expenditure of public moneys by the state,
reduction of expenditure of public moneys by the state, reduction of state
revenues or raising of funds by the state by imposing any tax or incurring any
indebtedness, the financial estimate committee created under this section shall
estimate:
(a)
The amount of direct expenditure, direct reduction of expenditure, direct
reduction in state revenues, direct tax revenue or indebtedness and interest
that will be required to meet the provisions of the measure if it is enacted;
and
(b)
The aggregate amount of direct expenditure, direct reduction of expenditure,
direct reduction in revenues, direct tax revenue or indebtedness and interest
that will be required by any city, county or district to meet the provisions of
the measure if it is enacted.
(2)
For a state measure for which an estimate is required to be prepared under subsection
(1) of this section, the financial estimate committee may also estimate the
amount of direct expenditure, direct reduction of expenditure, direct reduction
in revenues, direct tax revenue or indebtedness and interest that will result
for the state or any city, county or district if the measure is not enacted.
The financial estimate committee may make an estimate under this subsection if
the Legislative Assembly has enacted a law that will apply only if the measure
for which the estimate is prepared is not enacted.
(3)
For a state measure for which an estimate is required to be prepared under
subsection (1) of this section, the financial estimate committee shall consult
with the Legislative Revenue Officer to determine if
the measure has potentially significant indirect economic or fiscal effects. If
the committee determines that the indirect economic or fiscal effects of the
measure are significant and can be estimated, the Legislative Revenue Officer shall prepare on behalf of the committee an impartial
estimate of the indirect economic or fiscal effects of the measure. The
Legislative Revenue Officer shall use the best
available economic models and data to produce the estimate. The financial
estimate committee shall incorporate relevant parts of the estimate prepared by
the Legislative Revenue Officer into the estimate
prepared by the committee under subsection (1) of this section.
(4)
Except as provided in subsection (5) of this section, the estimates described
in subsections (1) and (2) of this section shall be printed in the voters’
pamphlet and on the ballot. The estimates shall be impartial, simple and
understandable and shall include the following information:
(a)
A statement of the amount of financial effect on state or local government expenditures,
revenues or indebtedness, expressed as a specific amount or as a range of
amounts;
(b)
A statement of any recurring annual amount of financial effect on state or
local government expenditures, revenues or indebtedness;
(c)
A description of the most likely financial effect or effects of the adoption of
the measure; and
(d)
If an estimate is made under subsection (2) of this section, a description of
the most likely financial effect or effects if the measure is not enacted.
(5)
If the financial estimate committee determines that the measure will have no
financial effect on state or local government expenditures, revenues or
indebtedness or that the financial effect on state or local government
expenditures, revenues or indebtedness will not exceed $100,000, the committee
shall prepare and file with the Secretary of State a statement declaring that
the measure will have no financial effect or that the financial effect will not
exceed $100,000. The statement shall be printed in the voters’ pamphlet and on
the ballot.
(6)
In addition to the estimates described in subsections (1) and (2) of this
section, if the financial estimate committee considers it necessary, the
committee may prepare and file with the Secretary of State an impartial, simple
and understandable statement explaining the financial effects of the measure.
The statement may not exceed 500 words. The statement shall be printed in the
voters’ pamphlet with the measure to which it relates.
(7)
The Legislative Administration Committee shall provide any administrative staff
assistance required by the financial estimate committee to facilitate the work
of the financial estimate committee under this section or ORS 250.127.
(8)
The financial estimate committee is created, consisting of the Secretary of
State, the State Treasurer, the Director of the Oregon Department of
Administrative Services, the Director of the Department of Revenue and a
representative of a city, county or district with expertise in local government
finance. The representative of a city, county or district shall be selected by
the four other members of the financial estimate committee and shall serve for
a term of two years that begins on March 1 of the odd-numbered year. [Formerly
254.180; 1987 c.724 §6; 1991 c.971 §1; 1993 c.493 §15; 1999 c.844 §1; 2005
c.633 §1]
250.127 Preparation and filing of
estimates and statements of financial impact of state measure.
(1) Not later than the 99th day before a special election held on the date of a
primary election or any general election at which any state measure is to be
submitted to the people, the financial estimate committee created under ORS
250.125 shall prepare and electronically file with the Secretary of State the
estimates described in ORS 250.125 and, if the committee considers it
necessary, a statement explaining the financial effects of the measure as
described in ORS 250.125 (6). The financial estimate committee may begin
preparation of the estimates and statement 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 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 statement or to receive 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 financial estimate committee shall consider suggestions and any other
information submitted under subsection (2) of this section, and may file
revised estimates or a revised statement 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 statement and any revised estimates or statement shall be approved by a
majority of the members of the financial estimate committee. If a member does
not concur, the estimates or statement shall show only that the member
dissents. The Secretary of State shall certify final estimates and a final
statement not later than the 90th day before the election at which the measure
is to be voted upon. All estimates and statements prepared under ORS 250.125
and this section shall be made available to the public.
(5)
If a majority of the members of the financial estimate committee do not approve
the estimates or statement, the Secretary of State alone shall prepare, file
and certify the estimates or statement not later than the 88th day before the
election at which the measure is to be voted upon with the data upon which the
estimates or statement is based.
(6)
The support or opposition of any member of the financial estimate committee to
the original or revised estimates or statement shall be indicated in the
minutes of any meeting of the committee. Meetings of the financial estimate
committee shall be open to the public. Designees of the members of the
financial estimate committee may attend any meetings of the committee in the
place of the members, but the designees may not vote to approve or oppose any
estimates or statement.
(7)
A failure to prepare, file or certify estimates or a statement under ORS
250.125, this section or ORS 250.131 does 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 is not required to reprint ballots to include the estimates or to
provide supplemental information that includes the estimates. [1991 c.971 §3;
1993 c.493 §16; 1995 c.712 §33; 1999 c.318 §19; 2001 c.965 §8; 2005 c.633 §2;
2011 c.646 §1]
250.130
[Repealed by 1957 c.608 §231]
250.131 Court review of procedures under
which estimates and statements of financial impact of state measure were
prepared. (1) Any person alleging that an
estimate or statement described in ORS 250.125 was prepared, filed or certified
in violation of the procedures specified in ORS 250.125 or 250.127 may petition
the Supreme Court seeking that the required procedures be followed and stating
the reasons the estimate or statement filed with the court does not satisfy the
required procedures. A petition is not allowed concerning the contents of the
estimate or statement or whether an estimate or statement should be prepared.
(2)
If the petition is filed not later than the 85th day before the election at
which the measure is to be voted upon, the court shall review the procedures
under which the estimate or statement was prepared, filed and certified, hear
arguments and determine whether the procedures required under ORS 250.125 and
250.127 were satisfied. The review by the Supreme Court shall be conducted
expeditiously to ensure the orderly and timely conduct of the election at which
the measure is to be submitted to the electors.
(3)
If the court determines that the procedures described in ORS 250.125 and
250.127 were not satisfied, the court shall order the preparation of a second
estimate or statement, to be prepared, filed and certified as provided in ORS
250.125 and 250.127 except that:
(a)
The financial estimate committee created under ORS 250.125 shall prepare and
file with the Secretary of State an estimate or statement not later than two
days following the decision of the court;
(b)
A hearing shall be held within two days after the estimate or statement is
filed; and
(c)
An estimate or statement shall be certified not later than seven days after the
decision of the court. The procedures under which the second estimate or
statement is filed and certified may not be appealed. [1991 c.971 §4; 2005
c.633 §3]
250.135 Retention of petition materials.
The Secretary of State shall retain the signature sheets of a filed initiative
or referendum petition with a copy of the state measure. If the measure is
approved by the people, the signature sheets and copy of the measure shall be
bound with a certified copy of the Governor’s proclamation declaring the
measure approved. A copy of the measure and the Governor’s proclamation shall
be preserved as a permanent public record. The signature sheets shall be
preserved for six years. [1979 c.190 §152]
250.137 Citizens’ Initiative Review
Commission; members; term of office; rules. (1)
The Citizens’ Initiative Review Commission is established within the executive
branch of state government, consisting of 11 members. The members shall be
appointed in the following manner:
(a)
The Governor shall appoint three members who have at some time been selected by
the four appointed members of an explanatory statement committee under ORS
251.205 (5) to prepare an explanatory statement, as follows:
(A)
One member recommended by the leadership of the Democratic party in the Senate
and one member recommended by the leadership of the Republican party in the
Senate.
(B)
Except as provided in subparagraph (C) of this paragraph, one member
recommended by the leadership of the political party with the largest
representation in the Senate that is not the same party as the Governor.
(C)
If more than two political parties are represented in the Senate, one member
recommended by the leadership of a third political party with the largest
representation in the Senate.
(b)
Four former moderators shall be appointed as members as described in ORS
250.143.
(c)
Four electors who have served on a citizen panel shall be appointed as members
as described in ORS 250.143.
(2)
The term of office of a member of the commission is four years, with the terms
of no more than six members expiring every two years. Vacancies shall be filled
by the Governor for the unexpired term, consistent with subsection (1) of this
section.
(3)
The commission shall:
(a)
Ensure that the citizen panels are convened to review initiated measures in a
fair and impartial manner.
(b)
Adopt rules necessary to carry out the commission’s duties under ORS 250.137 to
250.149. [2011 c.365 §2]
Note:
Sections 3 and 11, chapter 365, Oregon Laws 2011, provide:
Sec. 3. Initial appointment and
organization of Citizens’ Initiative Review Commission.
Notwithstanding section 2 of this 2011 Act [250.137], the first Citizens’
Initiative Review Commission shall consist of seven members to be appointed and
serve as follows:
(1)
The Governor shall appoint three members who have at some time been selected by
the four appointed members of an explanatory statement committee under ORS
251.205 (5) to prepare an explanatory statement, as follows:
(a)
One member recommended by the leadership of the Democratic party in the Senate
and one member recommended by the leadership of the Republican party in the Senate.
(b)
Except as provided in paragraph (c) of this subsection, one member recommended
by the leadership of the political party with the largest representation in the
Senate that is not the same party as the Governor.
(c)
If more than two political parties are represented in the Senate, one member
recommended by the leadership of a third political party with the largest
representation in the Senate.
(2)
The three members appointed by the Governor under subsection (1) of this
section shall appoint:
(a)
Two members from among persons who have served as a moderator for a citizen
panel, one to serve for a term of two years and one to serve for a term of four
years; and
(b)
Two members from among electors who have served on a citizen panel, one to
serve for a term of two years and one to serve for a term of four years.
(3)
The Governor shall determine at random which two members appointed under
subsection (1) of this section shall serve a term of four years and which
member shall serve a term of two years.
(4)
In the event that a member’s position cannot be filled under this section, the
Governor may appoint one or more persons who have experience conducting citizen
review panels to be members of the initial commission for a two-year term.
[2011 c.365 §3]
Sec. 11. (1)
Any expenses incurred in the initial appointment and organization of the
Citizens’ Initiative Review Commission under section 3 of this 2011 Act shall
be paid by the Oregon Department of Administrative Services from moneys
appropriated to the department.
(2)
When the Citizens’ Initiative Review Commission determines that moneys in
sufficient amount are available in the Citizens’ Initiative Review Fund, the
commission shall reimburse the Oregon Department of Administrative Services,
without interest, in an amount equal to the amount paid by the department for
expenses under subsection (1) of this section. [2011 c.365 §11]
250.139 Citizen panels; composition;
compensation; selection and review of certain state measures; moderators;
rules. (1) The Citizens’ Initiative Review
Commission shall select one or more state measures proposed by initiative
petition to be voted on at a general election and convene a separate citizen
panel to review each selected measure.
(2)
In selecting a measure to be reviewed by a citizen panel, the commission shall
consider the following criteria:
(a)
The fiscal impact of a measure.
(b)
Whether the measure amends the Oregon Constitution.
(c)
The availability of funds to conduct reviews.
(d)
Any other criteria established by the commission by rule.
(3)
Each citizen panel shall evaluate and write statements for the measure
considered by the panel.
(4)(a)
The commission shall select citizens for each panel from a representative
sample of anonymous electors, using survey sampling methods that, to the extent
practicable, give every elector a similar chance of being selected. Each
citizen panel shall consist of not fewer than 18 and not more than 24 electors.
(b)
The commission shall ensure, to the extent practicable and legally permissible,
that the demographic makeup of each panel fairly reflects the population of the
electorate of this state as a whole, with respect to the following
characteristics, prioritized in the following order:
(A)
The location of the elector’s residence.
(B)
The elector’s party affiliation, if any.
(C)
The elector’s voting history.
(D)
The elector’s age.
(c)
In addition to the criteria described in paragraph (b) of this subsection, the
commission may also consider:
(A)
The elector’s gender.
(B)
The elector’s ethnicity.
(C)
Any other criteria.
(5)
The commission shall, from moneys in the Citizens’ Initiative Review Fund:
(a)
Compensate each elector for each day served on a panel in an amount calculated
using the average weekly wage as defined in ORS 656.211;
(b)
Reimburse each elector who serves on a panel for travel expenses in accordance
with reimbursement policies determined by the commission by rule;
(c)
Provide for costs required to convene and conduct a citizen panel; and
(d)
Transfer to the Secretary of State all moneys necessary to pay the costs of
printing any statements described in ORS 250.141 in the voters’ pamphlet.
(6)(a)
Each panel shall meet to review the measure on five consecutive days for a
total of not less than 25 hours unless otherwise provided by commission rule.
(b)
Each panel shall conduct public hearings at which the panel shall receive
testimony or other information from both proponents and opponents of the
measure. Unless otherwise determined by a majority of the panelists, equal time
shall be allotted to proponents and opponents of a measure.
(c)
The chief petitioners of the measure shall designate two persons to provide
information in favor of the measure to the citizen panel. If the chief
petitioners fail to timely designate two persons to appear before the panel,
the commission may designate two persons who support the measure to provide
information in favor of the measure.
(d)
The commission shall designate two persons who oppose the measure to provide
information in opposition to the measure.
(e)
The commission, by rule, may specify additional criteria regarding the public
hearings.
(7)
The commission shall provide each panel with any complaints regarding the panel
not later than the fourth day the panel convenes.
(8)
The commission shall, by rule, establish qualifications for moderators for each
citizen panel. A moderator must have experience in mediation and shall complete
a training course established by the commission.
(9)
The commission shall contract with two moderators for each panel and shall
compensate each moderator for service. [2011 c.365 §5]
250.140
[Amended by 1957 c.608 §127; repealed by 1979 c.190 §431]
250.141 Citizen panel statements;
preparation; inclusion in voters’ pamphlet; rules.
(1) Not later than the date set by the Secretary of State by rule, each citizen
panel shall prepare and file with the secretary any of the following statements
of not more than 250 words each:
(a)
A statement in favor of the measure.
(b)
A statement opposed to the measure.
(c)
A statement that “No panelist took this position.” if a panel is unanimous in
either supporting or opposing a measure.
(d)
A statement of key findings that summarizes the citizen panel’s findings in an
impartial manner and may include a tally of how many panelists agreed with the
key findings.
(e)
A statement of additional policy considerations that describes the subject
matter of or any fiscal considerations related to the measure. A statement
submitted under this paragraph must be supported by at least three-quarters of
the panelists.
(2)(a)
Before a statement is filed with the Secretary of State under subsection (1) of
this section:
(A)
A person designated under ORS 250.139 (6)(c) shall be allowed to review the
statement in favor of the measure by the citizen panel and provide feedback to
the panel regarding the statement.
(B)
A person designated under ORS 250.139 (6)(d) shall be allowed to review the
statement opposed to the measure by the citizen panel and provide feedback to
the panel regarding the statement.
(C)
A person designated under ORS 250.139 (6)(c) or (d) shall be allowed to review
the statement of key findings by the citizen panel and provide feedback to the
panel regarding the statement.
(b)
A citizen panel may adjust any statement after receiving feedback as described
in this subsection.
(3)
The secretary shall prescribe the size and manner of placement of the
statements submitted by a citizen panel to be printed in the voters’ pamphlet,
except that the statements shall be clearly differentiated from other arguments
or statements in the voters’ pamphlet and may include, but are not limited to,
the use of unique formatting and informative symbols.
(4)
The secretary shall provide with any citizen panel statement a description of
not more than 150 words of the citizen panel process described in ORS 250.137
to 250.149 and the following explanation:
______________________________________________________________________________
The
opinions expressed in this statement are those of the members of a citizen
panel and were developed through the citizen review process. They are NOT
official opinions or positions endorsed by the State of Oregon or any
government agency. A citizen panel is not a judge of the constitutionality or
legality of any ballot measure, and any statements about such matters are not
binding on a court of law.
______________________________________________________________________________
(5)
The secretary, by rule, shall set a date by which statements must be filed
under this section. The date may not be sooner than the 70th day before the
date of the election. [2011 c.365 §7]
250.143 Evaluation of citizen panel
procedures; findings and recommendations; appointment of certain commission
members. (1) Not later than February 1 of an
odd-numbered year, each person who served as a moderator for a citizen panel
that evaluated a measure voted on at the most recent general election shall:
(a)
Convene to evaluate procedures related to the citizen panels and submit a
written report to the Citizens’ Initiative Review Commission summarizing the
evaluation, along with any recommendations; and
(b)
Appoint two moderators from among the moderators convened for the evaluation to
be members of the commission.
(2)
Not later than February 1 of an odd-numbered year, two electors from each
citizen panel shall:
(a)
Convene to evaluate procedures related to the citizen panels and submit a
written report to the commission summarizing the evaluation, along with any recommendations;
and
(b)
Appoint two electors from among the former panelists convened for the
evaluation to be members of the commission.
(3)
Each year in which an evaluation is conducted by moderators and panelists under
this section, the commission shall review the evaluations and make any findings
and recommendations. The commission shall make all evaluations, findings and
recommendations made under this section available to the public. [2011 c.365 §6]
250.145 [1953
c.58 §1; 1955 c.52 §1; 1969 c.104 §1; repealed by 1979 c.190 §431]
250.146 Citizens’ Initiative Review Fund.
The Citizens’ Initiative Review Fund is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the Citizens’
Initiative Review Fund shall be credited to the fund. All moneys in the fund
are continuously appropriated to the Citizens’ Initiative Review Commission to
carry out the duties, functions and powers of the commission and for expenses
under ORS 250.139 (5). [2011 c.365 §8]
250.147 Contributions to Citizens’
Initiative Review Fund; prohibitions; disclosure.
(1) Except as otherwise provided in this section, the Citizens’ Initiative
Review Commission may accept contributions of moneys and assistance from the
United States Government or its agencies or from any other source, public or
private, and agree to conditions placed on the moneys not inconsistent with the
duties of the commission. All moneys received by the commission under this
subsection shall be deposited into the Citizens’ Initiative Review Fund
established under ORS 250.146.
(2)
The commission may not receive contributions of moneys or assistance from:
(a)
A political committee, as defined in ORS 260.005;
(b)
For-profit corporate treasuries;
(c)
Union treasuries; or
(d)
Any other source the commission determines might be used to transfer moneys
from a political committee, for-profit corporate treasury or union treasury to
the commission.
(3)
If a person contributes to the commission an aggregate total of more than $100
in a calendar year, not later than 14 calendar days after the commission
receives the contribution, the commission shall make available to the public on
the Internet:
(a)
The name and address of the person or entity who made the contribution; and
(b)
The amount of the contribution.
(4)
The commission may enter into contracts and hire any staff the commission deems
necessary.
(5)
The commission may appoint an executive director to serve at the pleasure of
the commission. [2011 c.365 §4]
250.149 Determination of sufficient funds
for commission and citizen panels. (1) Not later
than the date that is four months before the date of the general election in an
even-numbered year, the Citizens’ Initiative Review Commission shall determine
whether moneys in sufficient amount are available in the Citizens’ Initiative
Review Fund to carry out all the duties, functions and powers of the
commission, implement ORS 250.139 to 250.143 and pay for any statements to be
printed in the voters’ pamphlet under ORS 251.185.
(2)(a)
If the commission determines that the fund has sufficient moneys under
subsection (1) of this section, the commission shall carry out all the duties,
functions and powers of the commission, implement ORS 250.139 to 250.143 and
may submit statements to be printed in the voters’ pamphlet under ORS 251.185.
(b)
If the commission determines that the fund has insufficient moneys under
subsection (1) of this section, for the general election in that even-numbered
year, the commission may not carry out all the duties, functions and powers of
the commission, implement ORS 250.139 to 250.143 or submit statements to be
printed in the voters’ pamphlet under ORS 251.185. [2011 c.365 §9]
250.150
[Amended by 1957 c.608 §128; 1961 c.74 §2; 1967 c.340 §2; 1979 c.190 §245;
renumbered 254.215]
COUNTY MEASURES
250.155 Application of ORS 250.165 to
250.235. (1) ORS 250.165 to 250.235 carry out
the provisions of section 10, Article VI, Oregon Constitution, and shall apply
to the exercise of initiative or referendum powers regarding a county measure,
unless the county charter or ordinance provides otherwise.
(2)
ORS 250.165 to 250.235 apply to the exercise of initiative or referendum powers
regarding a county measure in a county that has not adopted a charter under section
10, Article VI, Oregon Constitution. [1979 c.190 §153]
250.160
[Repealed by 1957 c.608 §231]
250.161 [1957
c.608 §131; 1979 c.190 §240; renumbered 254.165]
250.165 Prospective petition; cover and
signature sheet requirements; circulation; filing deadline.
(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, if one
or more persons will be paid for obtaining signatures of electors on the
petition, contain a notice stating: “Some Circulators For This Petition Are
Being Paid.”
(5)
The reverse side of the cover of an initiative or referendum petition shall be
used for obtaining signatures on an initiative or referendum petition.
(6)
Not more than 20 signatures on the signature sheet of the initiative or
referendum petition shall be counted. The circulator shall certify on each
signature sheet that the circulator:
(a)
Witnessed the signing of the signature sheet by each individual whose signature
appears on the signature sheet; and
(b)
Believes each individual is an elector registered in the county.
(7)
Unless otherwise provided by a county ordinance, the gathering of signatures on
a petition to initiate a county measure may not exceed a period of two years
from the time the petition is approved for circulation.
(8)
A county clerk may not accept for filing any petition which has not met the
provisions of subsection (7) of this section.
(9)
A petition to initiate a county measure must be filed not less than 90 days
before the election at which the proposed law is to be voted on.
(10)
The person obtaining signatures on the petition shall carry at least one full
and correct copy of the measure to be initiated or referred and shall allow any
person to review a copy upon request of the person. [1979 c.190 §154; 1981
c.909 §3; 1983 c.756 §10; 1991 c.106 §1; 1992 c.1 §2; 1995 c.607 §28; 1997
c.846 §2; 1999 c.318 §28; 2001 c.965 §5; 2005 c.797 §39; 2007 c.848 §16; 2009
c.571 §1]
250.168 Determination of compliance with
constitutional provisions; notice; appeal. (1)
Not later than the fifth business day after receiving a prospective petition
for an initiative measure, the county clerk shall determine in writing whether
the initiative measure meets the requirements of section 1 (2)(d), Article IV,
and section 10, Article VI of the Oregon Constitution.
(2)
If the county clerk determines that the initiative measure meets the
requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the
Oregon Constitution, the clerk shall proceed as required in ORS 250.175. The
clerk shall include in the publication required under ORS 250.175 (5) a
statement that the initiative measure has been determined to meet the
requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the
Oregon Constitution.
(3)
If the county clerk determines that the initiative measure does not meet the
requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the
Oregon Constitution, the clerk shall immediately notify the petitioner, in
writing by certified mail, return receipt requested, of the determination.
(4)
Any elector dissatisfied with a determination of the county clerk under
subsection (1) of this section may petition the circuit court of the judicial
district in which the county is located seeking to overturn the determination
of the clerk. If the elector is dissatisfied with a determination that the
initiative measure meets the requirements of section 1 (2)(d), Article IV, and
section 10, Article VI of the Oregon Constitution, the petition must be filed
not later than the seventh business day after the ballot title is filed with
the clerk. If the elector is dissatisfied with a determination that the
initiative measure does not meet the requirements of section 1 (2)(d), Article
IV, and section 10, Article VI of the Oregon Constitution, the petition must be
filed not later than the seventh business day after the written determination
is made by the clerk.
(5)
The review by the circuit court shall be the first and final review, and shall
be conducted expeditiously to ensure the orderly and timely circulation of the
petition. [1991 c.719 §34; 2005 c.797 §40]
250.170
[Repealed by 1957 c.608 §231]
250.175 Preparation of ballot titles for
certain county measures; notice. (1) When a
prospective petition for a county measure to be referred is filed with the
county clerk, the clerk shall authorize the circulation of the petition
containing the title of the measure as enacted by the county governing body or,
if there is no title, the title supplied by the petitioner filing the
prospective petition. The county clerk immediately shall send two copies of the
prospective petition to the district attorney.
(2)
Not later than the sixth business day after a prospective petition for a county
measure to be initiated is filed with the county clerk, the clerk shall send
two copies of it to the district attorney if the measure to be initiated has
been determined to be in compliance with section 1 (2)(d), Article IV, and
section 10, Article VI of the Oregon Constitution, as provided in ORS 250.168.
(3)
Not later than the fifth business day after receiving the copies of the
prospective petition, and notwithstanding ORS 203.145 (3), the district
attorney shall prepare a ballot title for the county measure to be initiated or
referred and return one copy of the prospective petition and the ballot title
to the county clerk. Unless the circuit court certifies a different title, this
ballot title shall be the title printed on the ballot.
(4)
A copy of the ballot title shall be furnished to the chief petitioner.
(5)(a)
The county clerk, upon receiving a ballot title for a county measure to be
referred or initiated from the district attorney or the county governing body,
shall publish in the next available edition of a newspaper of general
circulation in the county a notice of receipt of the ballot title including
notice that an elector may file a petition for review of the ballot title not
later than the date referred to in ORS 250.195.
(b)
In addition to publishing a notice as described in paragraph (a) of this
subsection, the county clerk may publish a notice on the county’s website for a
minimum of seven days. [1979 c.190 §155; 1983 c.567 §12; 1985 c.808 §26; 1987
c.707 §8; 1991 c.719 §21; 2005 c.797 §41; 2011 c.607 §6]
250.180
[Repealed by 1957 c.608 §231]
250.185 Preparation of ballot titles by
county governing body. (1) When the county governing
body refers a measure to the people, a ballot title for the measure may be
prepared by the body. The measure and the ballot title prepared under this
subsection shall be filed at the same time with the county clerk.
(2)
If the title is not prepared under subsection (1) of this section, when the measure
is filed with the county clerk, the clerk shall send two copies to the district
attorney. Not later than the fifth business day after receiving the copies the
district attorney shall provide a ballot title for the measure and send a copy
of it to the county governing body and the county clerk. [1979 c.190 §156; 1983
c.15 §3; 1985 c.808 §27]
250.190
[Amended by 1957 c.608 §132; repealed by 1979 c.190 §431]
250.195 Procedure for elector dissatisfied
with ballot title of county measure. (1) Any
elector dissatisfied with a ballot title filed with the county clerk by the
district attorney or the county governing body, may petition the circuit court
of the judicial district in which the county is located seeking a different
title and stating the reasons the title filed with the court is insufficient,
not concise or unfair. The petition shall name as respondent either the
district attorney or county governing body, depending on who prepared the
ballot title, and must be filed not later than the seventh business day after
the title is filed with the county clerk. The court shall review the title and
measure to be initiated or referred, hear arguments, if any, and certify to the
county clerk a title for the measure which meets the requirements of ORS
250.035.
(2)
An elector filing a petition under this section shall notify the county clerk
in writing that the petition has been filed. The notice shall be given not
later than 5 p.m. on the next business day following the day the petition is
filed.
(3)
The review by the circuit court shall be the first and final review, and shall
be conducted expeditiously to insure the orderly and timely circulation of the
petition or conduct of the election at which the measure is to be submitted to
the electors. [1979 c.190 §157; 1983 c.514 §9a; 1987 c.707 §9; 1989 c.503 §7;
1993 c.493 §97; 1995 c.534 §3]
250.200
[Amended by 1957 c.608 §133; 1961 c.89 §1; repealed by 1979 c.190 §431]
250.205 Filing and signature requirements
for nonhome rule counties.
(1) This section applies to a county that has not adopted a charter under
section 10, Article VI, Oregon Constitution.
(2)
A referendum petition must be filed not later than the 90th day after the
adoption of a nonemergency county measure.
(3)
A petition to refer a county measure must contain at least the number of
signatures of electors residing in the county that is equal to four percent of
the total number of votes cast in the county for all candidates for Governor at
the election at which a Governor is elected for a four-year term next preceding
the filing of the petition for verification of signatures.
(4)
A petition to initiate a county measure must contain at least the number of
signatures of electors residing in the county equal to six percent of the total
number of votes cast in the county for all candidates for Governor at the
election at which a Governor is elected for a four-year term next preceding the
filing of the petition for verification of signatures. [1979 c.190 §158; 1995
c.607 §29]
250.210
[Amended by 1957 c.608 §134; 1979 c.519 §19; repealed by 1979 c.190 §431]
250.215 Filing officer for county measure;
filing requirements; signature verification. (1) An
initiative or referendum petition relating to a county measure shall be filed
with the county clerk for signature verification. The filed petition shall
contain only original signatures.
(2)
An initiative or referendum petition relating to a county measure shall not be
accepted for filing if it contains less than 100 percent of the required number
of signatures.
(3)
For any petition requiring a number of signatures exceeding 4,500, 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 may 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.
(4)
The Secretary of State may employ professional assistance to determine the
sampling technique referred to in subsection (3) of this section. [1979 c.190 §159;
1989 c.68 §7; 1991 c.580 §2]
250.220
[Amended by 1957 c.608 §135; 1961 c.89 §2; repealed by 1979 c.190 §431]
250.221 Date of election.
If an initiative or referendum petition contains the required number of
verified signatures, the election on the county measure shall be held on the
next available election date in ORS 203.085 that is not sooner than the 90th
day after the measure was filed with the county clerk. [1981 c.909 §4]
250.225 [1963
c.345 §§5,6; 1979 c.190 §269; 1979 c.519 §29a; renumbered 254.475]
250.226 [1979
c.190 §160; repealed by 1987 c.724 §7]
250.230
[Amended by 1957 c.608 §136; 1979 c.190 §227; 1979 c.317 §9; renumbered
254.035]
250.235 Retention of petition materials.
The county clerk shall retain the signature sheets of a filed initiative or
referendum petition with a copy of the county measure. If the measure is
approved by the electors, a copy of the measure shall be preserved as a
permanent public record, and the signature sheets shall be preserved for six
years. [1979 c.190 §161]
CITY MEASURES
250.255 Application of ORS 250.265 to
250.346. ORS 250.265 to 250.346 apply to the
exercise of initiative or referendum powers regarding a city measure under
section 1, Article IV, Oregon Constitution, unless the city charter or
ordinance provides otherwise. [1979 c.190 §162]
250.265 Prospective petition; cover and
signature sheet requirements; circulation; filing deadline.
(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.
(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 city governing body.
(b)
Each sheet of signatures on an initiative or referendum petition shall, if one
or more persons will be paid for obtaining signatures of electors on the
petition, contain a notice stating: “Some Circulators For This Petition Are
Being Paid.”
(5)
The reverse side of the cover of an initiative or referendum petition shall be
used for obtaining signatures on an initiative or referendum petition.
(6)
Not more than 20 signatures on the signature sheet of the initiative or
referendum petition shall be counted. The circulator shall certify on each
signature sheet that the circulator:
(a)
Witnessed the signing of the signature sheet by each individual whose signature
appears on the signature sheet; and
(b)
Believes each individual is an elector registered in the city.
(7)
Unless otherwise provided by a city ordinance, the gathering of signatures on a
petition to initiate a city measure may not exceed a period of two years from
the time the petition is approved for circulation.
(8)
A city elections officer may not accept for filing any petition which has not
met the provisions of subsection (7) of this section.
(9)
A petition to initiate a city measure must be filed not less than 90 days
before the election at which the proposed law is to be voted on.
(10)
The person obtaining signatures on the petition shall carry at least one full
and correct copy of the measure to be initiated or referred and shall allow any
person to review a copy upon request of the person. [1979 c.190 §163; 1981
c.909 §6; 1983 c.756 §11; 1991 c.106 §2; 1992 c.1 §3; 1995 c.607 §30; 1997 c.846
§3; 1999 c.318 §29; 2001 c.965 §6; 2007 c.848 §17; 2009 c.571 §2]
250.270 Determination of compliance with
constitutional provisions; notice; appeal. (1)
Not later than the fifth business day after receiving a prospective petition
for an initiative measure, the city elections officer shall determine in
writing whether the initiative measure meets the requirements of section 1
(2)(d) and (5), Article IV of the Oregon Constitution.
(2)
If the city elections officer determines that the initiative measure meets the
requirements of section 1 (2)(d) and (5), Article IV of the Oregon
Constitution, the city elections officer shall proceed as required in ORS
250.275. The city elections officer shall include in the publication required
under ORS 250.275 (5) a statement that the initiative measure has been
determined to meet the requirements of section 1 (2)(d) and (5), Article IV of
the Oregon Constitution.
(3)
If the city elections officer determines that the initiative measure does not
meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon
Constitution, the city elections officer shall immediately notify the
petitioner, in writing by certified mail, return receipt requested, of the
determination.
(4)
Any elector dissatisfied with a determination of the city elections officer
under subsection (1) of this section may petition the circuit court of the
judicial district in which the city is located seeking to overturn the
determination of the city elections officer. If the elector is dissatisfied
with a determination that the initiative measure meets the requirements of
section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition
must be filed not later than the seventh business day after the ballot title is
filed with the city elections officer. If the elector is dissatisfied with a
determination that the initiative measure does not meet the requirements of
section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition
must be filed not later than the seventh business day after the written
determination is made by the city elections officer.
(5)
The review by the circuit court shall be the first and final review, and shall
be conducted expeditiously to ensure the orderly and timely circulation of the
petition. [1991 c.719 §36; 2005 c.797 §42]
250.275 Preparation of ballot titles for
certain city measures; notice. (1) When a
prospective petition for a city measure to be referred is filed with the city
elections officer, the officer shall authorize the circulation of the petition
containing the title of the measure as enacted by the city governing body or,
if there is no title, the title supplied by the petitioner filing the
prospective petition. The city elections officer immediately shall send two
copies of the prospective petition to the city attorney.
(2)
Not later than the sixth business day after a prospective petition for a city
measure to be initiated is filed with the city elections officer, the officer
shall send two copies of it to the city attorney if the measure to be initiated
has been determined to be in compliance with section 1 (2)(d) and (5), Article
IV of the Oregon Constitution, as provided in ORS 250.270.
(3)
Not later than the fifth business day after receiving the copies of the
prospective petition, the city attorney shall provide a ballot title for the
city measure to be initiated or referred and return one copy of the prospective
petition and the ballot title to the city elections officer. Unless the circuit
court certifies a different title, this ballot title shall be the title printed
on the ballot.
(4)
A copy of the ballot title shall be furnished to the chief petitioner.
(5)(a)
The city elections officer, upon receiving a ballot title for a city measure to
be referred or initiated from the city attorney or city governing body, shall
publish in the next available edition of a newspaper of general distribution in
the city a notice of receipt of the ballot title including notice that an
elector may file a petition for review of the ballot title not later than the
date referred to in ORS 250.296.
(b)
In addition to publishing a notice as described in paragraph (a) of this
subsection, the city elections officer may publish a notice on the city’s
website for a minimum of seven days. [1979 c.190 §164; 1985 c.808 §28; 1987
c.707 §9a; 1991 c.719 §22; 2005 c.797 §43; 2011 c.607 §7]
250.285 Preparation of ballot titles by
city governing body. (1) When the city governing body
refers a measure to the people, a ballot title for the measure may be prepared
by the body. The ballot title shall be filed with the city elections officer.
(2)
If the title is not prepared under subsection (1) of this section, when the
measure is filed with the city elections officer, the officer shall send two
copies to the city attorney. Not later than the fifth business day after
receiving the copies the city attorney shall provide a ballot title for the
measure, and send a copy of it to the city governing body and the city
elections officer. [1979 c.190 §165; 1985 c.808 §29]
250.290
[Amended by 1965 s.s. c.1 §1; repealed by 1971 c.767 §1]
250.295 [1971
c.767 §2; 1979 c.190 §395; renumbered 188.130]
250.296 Procedure for elector dissatisfied
with ballot title of city measure. (1) Any
elector dissatisfied with a ballot title filed with the city elections officer
by the city attorney or the city governing body, may petition the circuit court
of the judicial district in which the city is located seeking a different title
and stating the reasons the title filed with the court is insufficient, not
concise or unfair. The petition shall name as respondent the city attorney or
city governing body, depending on who prepared the ballot title, and must be
filed not later than the seventh business day after the title is filed with the
city elections officer. The court shall review the title and measure to be
initiated or referred, hear arguments, if any, and certify to the city
elections officer a title for the measure which meets the requirements of ORS
250.035.
(2)
An elector filing a petition under this section shall notify the city elections
officer in writing that the petition has been filed. The notice shall be given
not later than 5 p.m. on the next business day following the day the petition
is filed.
(3)
The review by the circuit court shall be the first and final review, and shall
be conducted expeditiously to insure the orderly and timely circulation of the
petition or conduct of the election at which the measure is to be submitted to
the electors. [1979 c.190 §166; 1983 c.514 §9b; 1987 c.707 §10; 1989 c.503 §8;
1993 c.493 §98; 1995 c.534 §4]
250.300
[Amended by 1979 c.190 §396; renumbered 188.310]
250.305 Signature requirements.
(1) A petition to refer a city measure must be signed by not less than 10
percent of the electors registered in the city at the time the prospective
petition is filed. The petition must be filed with the city elections officer
not later than the 30th day after adoption of the city legislation sought to be
referred.
(2)
A petition to initiate a city measure must be signed by not less than 15
percent of the electors registered in the city at the time the prospective
petition is filed. [1979 c.190 §167; 1983 c.350 §67; 1989 c.251 §1]
250.310
[Amended by 1955 c.726 §1; 1957 c.608 §137; 1959 c.317 §3; 1961 c.114 §11;
repealed by 1979 c.190 §431]
250.315 Filing officer; filing requirements;
signature verification. (1) An initiative or referendum
petition relating to a city measure shall be filed with the city elections
officer for signature verification. The filed petition shall contain only
original signatures.
(2)
An initiative or referendum petition relating to a city measure shall not be
accepted for filing if it contains less than 100 percent of the required number
of signatures.
(3)
For any petition requiring a number of signatures exceeding 4,500, 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 may 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.
(4)
The Secretary of State may employ professional assistance to determine the
sampling technique referred to in subsection (3) of this section. [1979 c.190 §168;
1989 c.68 §8; 1991 c.580 §3]
250.320
[Repealed by 1957 c.608 §231]
250.325 Procedure following filing of
initiative petition. (1) If an initiative petition
contains the required number of verified signatures, the city elections officer
shall file the initiated measure with the city governing body at its next
meeting.
(2)
The governing body, not later than the 30th day after the measure is filed with it, may adopt or reject the measure unless the
measure is required to be submitted to city electors under the city charter or
state law. If the measure is not adopted, or the measure is required to be
submitted to city electors under the city charter or state law, it shall be
submitted to city electors on the next available election date in ORS 221.230
held not sooner than the 90th day after the measure was filed with the city governing
body.
(3)
The governing body may refer a competing measure to city electors at the same
election at which the initiated measure is submitted. If the governing body
refers a competing measure to city electors, it must prepare the measure not
later than the 30th day after the initiated measure is filed
with it. The mayor shall not have the power to veto an initiated measure or a
competing measure. [1979 c.190 §169; 1979 c.316 §14a; 1981 c.909 §7; 1987 c.471
§1]
250.330
[Amended by 1957 c.608 §138; 1979 c.190 §252; 1979 c.749 §3; renumbered
254.295]
250.335 [1979
c.190 §170; repealed by 1987 c.724 §7]
250.340
[Amended by 1957 c.608 §139; 1979 c.190 §255; renumbered 254.325]
250.345 [1967
c.609 §1; repealed by 1977 c.301 §15]
250.346 Retention of petition materials.
The city elections officer shall retain the signature sheets of a filed
initiative or referendum petition with a copy of the city measure. If the
measure is approved by the electors, a copy of the measure shall be preserved
as a permanent public record, and the signature sheets shall be preserved for
six years. [1979 c.190 §171]
250.350
[Amended by 1957 c.608 §140; 1977 c.508 §7; 1977 c.644 §4a; 1979 c.190 §264;
renumbered 254.415]
250.355 Date of election.
If a referendum petition contains the required number of verified signatures,
the election on the city measure shall be held on the next available election
date in ORS 221.230 that is not sooner than the 90th day after the referendum
petition was filed with the city elections officer. [1989 c.503 §35; 2007 c.155
§8]
250.360
[Repealed by 1957 c.608 §231]
250.365 [1963
c.595 §5 (247.610 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251);
repealed by 1967 c.64 §7]
250.370
[Repealed by 1957 c.608 §231]
250.375 [1963
c.595 §6 (247.610 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251);
1965 c.174 §10; repealed by 1967 c.64 §7]
250.380
[Repealed by 1957 c.608 §231]
250.390
[Repealed by 1957 c.608 §231]
250.400
[Amended by 1957 c.608 §141; 1977 c.508 §8; 1979 c.190 §265; renumbered
254.425]
250.410
[Amended by 1957 c.608 §142; 1979 c.190 §45; renumbered 247.035]
250.420
[Amended by 1957 c.608 §143; repealed by 1979 c.190 §431]
250.430
[Amended by 1957 c.608 §144; 1977 c.508 §9; 1979 c.190 §253; 1979 c.519 §20a;
renumbered 254.305]
250.440
[Amended by 1957 c.608 §145; 1979 c.190 §251; repealed by 1979 c.749 §5]
250.460
[Repealed by 1957 c.608 §231]
250.461 [1957
c.608 §146; 1961 c.162 §1; repealed by 1979 c.190 §431]
250.470
[Repealed by 1957 c.608 §231]
250.471 [1957
c.608 §147 (1), (2); 1979 c.190 §271; renumbered 254.495]
250.480
[Repealed by 1957 c.608 §231]
250.490
[Amended by 1955 c.113 §1; repealed by 1957 c.608 §231]
250.500
[Repealed by 1957 c.608 §231]
250.510
[Amended by 1957 c.608 §148; 1973 c.154 §3; 1979 c.190 §272; renumbered
254.505]
250.520
[Amended by 1957 c.608 §149; 1961 c.114 §12; 1965 c.174 §8; 1979 c.190 §273;
renumbered 254.515]
250.530
[Amended by 1957 c.608 §150; repealed by 1979 c.190 §431]
250.540 [Amended
by 1955 c.498 §13; repealed by 1957 c.608 §231]
250.541 [1957
c.608 §147 (3); repealed by 1979 c.190 §431]
250.545 [1963
c.337 §4; repealed by 1979 c.190 §431]
250.550
[Repealed by 1957 c.608 §231]
250.560
[Repealed by 1957 c.608 §231]
250.570
[Amended by 1957 c.608 §151; repealed by 1979 c.190 §431]
250.580 [1971
c.29 §9; repealed by 1973 c.125 §1]
250.582 [1971
c.29 §§10,11; repealed by 1973 c.125 §1]
250.584 [1971
c.29 §12; repealed by 1973 c.125 §1]
250.586 [1971
c.29 §8; repealed by 1975 c.675 §36]
250.610
[Amended by 1957 c.608 §152; 1961 c.174 §2; 1979 c.190 §248; 1979 c.519 §21a;
renumbered 254.245]
250.620
[Amended by 1957 c.608 §153; repealed by 1979 c.190 §431]
250.630
[Repealed by 1957 c.608 §231]
250.631 [1957
c.608 §154; 1961 c.114 §13; 1965 c.174 §9; 1977 c.352 §4; 1979 c.190 §262;
renumbered 254.395]
250.640
[Amended by 1955 c.726 §2; repealed by 1957 c.608 §231]
250.645 [1955
c.726 §5; 1957 c.608 §155; 1979 c.190 §261; renumbered 254.385]
250.650
[Repealed by 1957 c.608 §231]
250.655 [1961
c.63 §2; 1979 c.190 §263; renumbered 254.405]
250.660
[Repealed by 1957 c.608 §231]
250.670
[Repealed by 1957 c.608 §231]
250.680
[Amended by 1957 c.608 §156; 1979 c.190 §268; renumbered 254.455]
250.690
[Amended by 1955 c.726 §3; 1957 c.608 §157; 1979 c.190 §267; renumbered
254.445]
250.700
[Amended by 1957 c.608 §158; 1979 c.190 §266; renumbered 254.435]
250.710
[Amended by 1957 c.608 §159; 1977 c.179 §2; repealed by 1979 c.190 §431]
250.720
[Amended by 1957 c.608 §160; repealed by 1979 c.190 §431]
250.810
[Amended by 1957 c.608 §161; 1963 c.603 §1; repealed by 1979 c.190 §431]
250.820
[Amended by 1957 c.608 §162; repealed by 1979 c.190 §431]
250.830
[Amended by 1957 c.608 §163; 1979 c.519 §22; repealed by 1979 c.190 §431]
250.840
[Amended by 1957 c.608 §164; 1961 c.47 §1; 1963 c.603 §2; 1969 c.81 §2; 1975
c.675 §20; 1979 c.519 §23; repealed by c.190 §431]
250.845 [1963
c.603 §4; 1977 c.829 §13; repealed by 1979 c.190 §431]
250.850
[Repealed by 1957 c.608 §231]
250.860
[Repealed by 1957 c.608 §231]
250.870
[Amended by 1957 c.608 §165; repealed by 1979 c.190 §431]
250.880
[Repealed by 1979 c.190 §431]
250.990
[Amended by 1955 c.726 §6; 1957 c.608 §166; repealed by 1979 c.190 §431]
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