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  • 1. 2007–2008Election LawsConstitutional andStatutory ProvisionsChapters 246 through 260 reprintedfrom the Oregon Revised Statutes
  • 2. Contents1 ORS 246 185 Index to Election Laws Administration of Election Laws; Vote Recording Systems 207 Constitution of Oregon11 ORS 247 281 Index to Constitution of Oregon Qualification and Registration of Electors25 ORS 248 Political Parties; Presidential Electors37 ORS 249 Candidates; Recall53 ORS 250 Initiative and Referendum73 ORS 251 Voters’ Pamphlet91 ORS 253 Absent Electors99 ORS 254 Conduct of Elections119 ORS 255 Special District Elections153 ORS 260 Campaign Finance Regulation; Election Offenses
  • 3. TITLE 23 ELECTIONSChapter 246. Administration of Election Laws; Vote Recording Systems 247. Qualification and Registration of Electors 248. Political Parties; Presidential Electors 249. Candidates; Recall 250. Initiative and Referendum 251. Voters′ Pamphlet 253. Absent Electors 254. Conduct of Elections 255. Special District Elections 258. Election Contests; Recounts 259. Campaign Finance 260. Campaign Finance Regulation; Election Offenses Chapter 246 2007 EDITIONAdministration of Election Laws; Vote Recording Systems GENERAL PROVISIONS COUNTY CLERK246.012 Definitions 246.200 County clerk to conduct elections; excep-246.021 Time within which election documents tions must be received by elections officer; 246.210 County clerk to supervise local elections electronic facsimile transmissions; elec- officials tronic campaign finance statements 246.245 Notification to county clerk when city246.025 Use of signature stamp by person with boundary changed disability 246.250 Personnel; equipment, materials and fa-246.046 Secretary of State and county clerks to cilities; payment of expenses; administer- seek out evidence of violations ing oaths SECRETARY OF STATE 246.270 Office hours of county clerk on election days246.110 Secretary of State as chief elections offi- cer PRECINCTS246.120 Directives, instructions and assistance to county clerks 246.410 Establishment and modification of pre- cincts; maximum number of electors in246.140 Election law conferences for county precinct clerks246.150 Rules VOTE RECORDING SYSTEMS246.160 Compilations and digests of election laws; 246.520 Applicable laws; conflicting laws and or- distribution of supplies and materials to dinances inapplicable county clerks and others 246.530 Adoption, purchase or procurement of246.170 Deposit of moneys received under ORS equipment; use thereafter 246.160 in Secretary of State Miscellaneous Receipts Account 246.540 Joint purchase, maintenance and use246.179 Reimbursement of county clerk for special 246.550 Examination and approval of equipment elections for United States Senator or by Secretary of State Representative and for recall elections in- 246.560 Requirements for approval of equipment volving state office 246.565 Audit of computerized voting system by246.185 Elections Fund Secretary of State; copy of instructions246.190 Help America Vote Act complaint proce- for operation and maintenance; mainte- dures; rules nance logTitle 23 Page 1 (2007 Edition)
  • 4. ELECTIONS246.570 Sale of vote recording systems to coun- COMPELLING OFFICERS, OFFICIALS ties; security interest TO PERFORM DUTIES246.580 Content of vote recording system sale 246.820 Order to compel county clerk, city elec- tions officer or elections official to comply agreement with interpretation, rule, directive or in-246.590 Loans from State Treasurer for purchase struction of voting equipment or computers; Voting Machine Account APPEALS FROM OFFICERS, OFFICIALS 246.910 Appeal from Secretary of State, county246.600 Deposits in Voting Machine Account; re- clerk or other elections official to courts; payment to State Treasurer deadline for filingTitle 23 Page 2 (2007 Edition)
  • 5. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.025 246.010 [Repealed by 1957 c.608 §231] 246.021 Time within which election 246.011 [1957 c.608 §1; 1975 c.675 §1; repealed by 1979 documents must be received by electionsc.190 §431] officer; electronic facsimile transmis- sions; electronic campaign finance state- GENERAL PROVISIONS ments. (1) Except as provided in ORS 246.012 Definitions. As used in this 247.012 and subsection (2) of this section, anchapter: election document and an accompanying payment of fees required to be filed with the (1) “Ballot” means any material on which Secretary of State, county clerk or other fil-votes may be cast for candidates or mea- ing officer must be delivered to and actuallysures. received at the office of the designated offi- (2) “County clerk” means the county cer not later than 5 p.m. of the day the doc-clerk or the county official in charge of ument or fee is due or, if the day due is aelections. Saturday, Sunday or holiday, on the next (3) “County governing body” means the business day.county court sitting for the transaction of (2) If, at 5 p.m. of the day an electioncounty business or the board of county com- document is due, an individual is physicallymissioners. present in the office of the secretary, county (4) “Election” means any election held clerk or other filing officer and in line wait-within this state. ing to deliver the document, the individual (5) “Elector” means an individual quali- is considered to have begun the act of deliv-fied to vote under section 2, Article II, Ore- ering the document and is permitted to filegon Constitution. it. (6) “Governing body” means the govern- (3) Any election document required to being body of any subdivision of the state. filed with the filing officer other than bal- lots, voter registration cards or petitions re- (7) “Local elections official” means any quiring signatures of electors may also beperson who is: filed by means of an electronic facsimile (a) An official of any election precinct or transmission machine. If an election docu-special district or public corporation organ- ment is required to be filed by a specifiedized for public purposes; and time, the entire document must be received (b) Authorized or required by law to per- in the office of the filing officer not laterform functions in connection with elections than 5 p.m. of the day the document is dueheld in the election precinct or special dis- or, if the day due is a Saturday, Sunday ortrict or public corporation organized for holiday, on the next business day.public purposes. (4) Notwithstanding any provision of (8) “Measure” includes any of the follow- subsections (1) to (3) of this section, if aing submitted to the people for their approval statement is required to be filed electron-or rejection at an election: ically under ORS 260.057: (a) A proposed law. (a) The statement must be received elec- (b) An Act or part of an Act of the Leg- tronically at the office of the Secretary ofislative Assembly. State not later than 12 midnight of the day the statement is due or, if the day due is a (c) A revision of or amendment to the Saturday, Sunday or holiday, on the nextOregon Constitution. business day; and (d) Local, special or municipal legis- (b) The Secretary of State may not acceptlation. the filing of the statement in any form other (e) A proposition or question. than an electronic format. (9) “Precinct” means any election pre- (5) As used in this section, “electioncinct. document” includes, but is not limited to, a (10) “Vote tally system” means one or declaration of candidacy for nomination formore pieces of equipment necessary to ex- public or political party office, completedamine and tally automatically the marked nominating petitions, statements and por-ballots. traits for voters′ pamphlets, statements of (11) “Voting machine” means any device election campaign contributions and expend-that will record every vote cast on candi- itures, and initiative, referendum or recalldates and measures and that will either in- petitions. [Formerly 246.510; 1967 c.228 §1; 1979 c.190ternally or externally total all votes cast on §2; 1991 c.719 §4; 1993 c.713 §27; 1999 c.824 §9; 2005 c.809 §46; 2007 c.570 §5]that device. [1979 c.190 §1; 1983 c.392 §2; 2005 c.731§1; 2005 c.797 §64] 246.025 Use of signature stamp by 246.015 [1999 c.410 §2; repealed by 2007 c.154 §67] person with disability. (1) A person with a 246.020 [Repealed by 1957 c.608 §231] disability who is unable because of the disa-Title 23 Page 3 (2007 Edition)
  • 6. 246.046 ELECTIONSbility to sign any election document, includ- 246.140 Election law conferences foring a voter registration card or ballot return county clerks. (1) In carrying out the re-envelope, may use a signature stamp or other sponsibility under ORS 246.110, the Secretaryindicator of the person′s signature, as speci- of State, not later than December 31 follow-fied by the Secretary of State by rule, when- ing the date of adjournment of the regularever the signature of the person is required session of the Legislative Assembly, shall or-under any election law. ganize and conduct at convenient places and (2) A person who desires to use a signa- times in this state at least three conferencesture stamp or other indicator of the person′s on the administration of the election laws.signature as described in subsection (1) of (2) The Secretary of State shall givethis section shall attest that the personneeds to use the stamp or indicator due to a written notice of the place and time of eachdisability. The attestation shall be made at conference to each county clerk.the time the person registers to vote or up- (3) Each county clerk or designated dep-dates a registration and shall be made on a uty shall attend at least one of the confer-form designed and supplied by the Secretary ences and shall comply with the instructionsof State. [1997 c.189 §2; 2007 c.154 §2] given under the authority of the Secretary 246.030 [Repealed by 1957 c.608 §231] of State at each conference the county clerk 246.035 [1965 c.527 §4; repealed by 1971 c.267 §16] or deputy attends. [1957 c.608 §5; 1959 c.263 §1; 1979 246.040 [Repealed by 1957 c.608 §231] c.190 §7; 1983 c.567 §3; 1991 c.719 §19; 2001 c.965 §49] 246.045 [1967 c.338 §§2,3; 1975 c.675 §2; 1979 c.190 246.150 Rules. The Secretary of State§391; renumbered 260.705] may adopt rules the secretary considers nec- 246.046 Secretary of State and county essary to facilitate and assist in achievingclerks to seek out evidence of violations. and maintaining a maximum degree of cor-The Secretary of State and each county clerk rectness, impartiality and efficiency in ad-shall diligently seek out any evidence of vio- ministration of the election laws. [1957 c.608lation of any election law. [Formerly 260.325] §8; 1979 c.190 §8; 1985 c.448 §1] 246.050 [Repealed by 1957 c.608 §231] 246.160 Compilations and digests of 246.055 [1973 c.154 §1; repealed by 1979 c.190 §431] election laws; distribution of supplies and 246.060 [Repealed by 1957 c.608 §231] materials to county clerks and others. 246.070 [Repealed by 1957 c.608 §231] The Secretary of State shall: 246.080 [Repealed by 1957 c.608 §231] (1) Prepare and print, in appropriate and 246.090 [Repealed by 1957 c.608 §231] convenient form, periodic compilations and 246.100 [Repealed by 1957 c.608 §231] digests of the state election statutes. (2) Distribute in appropriate quantities to SECRETARY OF STATE the county clerks for use by the county 246.110 Secretary of State as chief clerks copies of the compilations and digestselections officer. The Secretary of State is and any supplies and materials necessary tothe chief elections officer of this state, and the conduct of elections as the Secretary ofit is the secretary′s responsibility to obtain State considers appropriate.and maintain uniformity in the application,operation and interpretation of the election (3) Make the compilations and digestslaws. [1957 c.608 §2; 1979 c.190 §5; 1995 c.607 §1] available for distribution, free or at cost, to interested persons. [1957 c.608 §125; 1963 c.455 §1; 246.120 Directives, instructions and part renumbered 246.170; 1979 c.190 §9; 1991 c.719 §46;assistance to county clerks. In carrying 2007 c.154 §3]out the responsibility under ORS 246.110, theSecretary of State shall prepare and distrib- 246.170 Deposit of moneys receivedute to each county clerk detailed and com- under ORS 246.160 in Secretary of Stateprehensive written directives, and shall Miscellaneous Receipts Account. All mon-assist, advise and instruct each county clerk, eys received by the Secretary of State underon registration of electors and election pro- ORS 246.160 shall be deposited into the Sec-cedures which are under the direction and retary of State Miscellaneous Receipts Ac-control of the county clerk. The directives count established under ORS 279A.290. Alland instructions shall include relevant sam- moneys received by the Secretary of Stateple forms of ballots, documents, records and under ORS 246.160 and deposited in the ac-other materials and supplies required by the count are appropriated continuously to theelection laws. A county clerk affected Secretary of State for the payment of ex-thereby shall comply with the directives or penses incurred in performing the functionsinstructions. [1957 c.608 §3; 1965 c.464 §1; 1979 c.190 described in ORS 246.160. [Formerly part of§6] 246.160; 1973 c.162 §3; 1979 c.190 §10; 1995 c.144 §7; 2003 246.130 [1957 c.608 §4; repealed by 1979 c.190 §431] c.794 §220]Title 23 Page 4 (2007 Edition)
  • 7. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.210 246.179 Reimbursement of county 246.190 Help America Vote Act com-clerk for special elections for United plaint procedures; rules. (1) The SecretaryStates Senator or Representative and for of State by rule shall establish administrativerecall elections involving state office. (1) complaint procedures that meet the require-Notwithstanding ORS 246.250, the Secretary ments of the federal Help America Vote Actof State shall reimburse each county clerk of 2002 (P.L. 107-252).for necessary expenses of an election de- (2) Complaints alleging violations of Titlescribed in subsection (2) of this section based III of the federal Help America Vote Act ofon a claim filed by the county clerk and ap- 2002 (P.L. 107-252) must be filed as providedproved by the Secretary of State. The claim in rules adopted under this section. Com-shall be made on a form designed by the plaints alleging violations of Title III of theSecretary of State. The Secretary of State federal Help America Vote Act of 2002 (P.L.shall make the reimbursement from funds 107-252) may not be filed under ORS 260.345.made available to the Secretary of State by [2003 c.64 §7]the Emergency Board. (2) The Secretary of State shall reim- COUNTY CLERKburse each county clerk for necessary ex- 246.200 County clerk to conduct elec-penses of: tions; exceptions. (1) Except as otherwise (a) A special primary election or a spe- provided by law, the county clerk is the onlycial election to fill a vacancy in the election elections officer who may conduct anor office of United States Senator or Repre- election in this state. For purposes of thissentative in Congress held on a date other section, the conduct of an election includes,than the date of the primary election or the but is not limited to, establishing precincts,general election; or preparing ballots and sample ballots, and re- ceiving and processing votes. (b) A recall election involving the holderof a state office. As used in this subsection, (2) Notwithstanding subsection (1) of this“state office” has the meaning given that section:term in ORS 249.002. [1983 c.567 §2; 1987 c.267 §2; (a) The county clerk is not the only1993 c.194 §§1,2; 1995 c.712 §2] elections officer who may accept and verify 246.180 [1973 c.283 §9; 1979 c.190 §98; renumbered a filing for nomination or filing of a petition,249.009] prepare a voters′ pamphlet or ballot title, or 246.185 Elections Fund. (1) The Elec- prepare or publish an election notice; andtions Fund is established separate and dis- (b) The Secretary of State may receivetinct from the General Fund of the State ballots as provided in ORS 253.585. [1979 c.317Treasury. Moneys in the Elections Fund may §1; 1983 c.350 §63a; 1987 c.535 §1; 2003 c.64 §3; 2007 c.154be invested as provided in ORS 293.701 to §4]293.820. Interest earned by the Elections 246.210 County clerk to supervise localFund and the earnings of any investments elections officials. (1) Subject to the direc-shall be credited to the fund. tives and instructions prepared and distrib- (2) The Elections Fund consists of: uted or given by the Secretary of State under ORS 246.120 or 246.140, a county clerk may (a) Amounts appropriated or otherwise exercise general supervision of administra-made available by the Legislative Assembly tion of election laws by each local electionsor this state for carrying out the activities official in the county for the purpose offor which payments are made to this state achieving and maintaining a maximum de-under the federal Help America Vote Act of gree of correctness, impartiality, efficiency2002 (P.L. 107-252); and uniformity in the administration by local (b) Payments made to this state under elections officials. In this regard the countythe federal Help America Vote Act of 2002 clerk may assist local elections officials in(P.L. 107-252); answering questions concerning the proper administration of election laws. (c) Other amounts as may be appropri-ated by law; and (2) If under this section two or more county clerks exercise general supervision of (d) Interest earned on deposits in the the same local elections official, the countyfund. clerks shall cooperate and coordinate to in- (3) Moneys deposited to the credit of the sure uniformity of general supervision. [1957Elections Fund are continuously appropri- c.608 §9; 1979 c.190 §11; 1985 c.448 §2]ated to the Secretary of State for the purpose 246.220 [1957 c.608 §10; 1979 c.190 §12; repealed byof paying the expenses of carrying out the 1985 c.448 §5]activities for which payments are made to 246.230 [1957 c.608 §11; 1965 c.527 §1; 1971 c.660 §1;this state under the federal Help America 1975 c.675 §3; 1979 c.190 §13; repealed by 1985 c.448 §5]Vote Act of 2002 (P.L. 107-252). [2003 c.64 §2; 246.235 [1965 c.527 §3; repealed by 1979 c.190 §431]2005 c.797 §70] 246.240 [1957 c.608 §12; repealed by 1965 c.527 §5]Title 23 Page 5 (2007 Edition)
  • 8. 246.245 ELECTIONS 246.245 Notification to county clerk numbers or names. [1957 c.608 §20; 1959 c.317 §2;when city boundary changed. If the 1965 c.109 §1; 1973 c.662 §1; 1977 c.301 §5; 1979 c.190 §21;boundary of a city is changed, the city gov- 1979 c.427 §2; 1985 c.528 §1; 1987 c.267 §5; 1995 c.607 §3; 1995 c.712 §5; 1999 c.410 §4; 1999 c.999 §30]erning body immediately shall send a certi- 246.420 [1957 c.608 §21; 1961 c.49 §1; 1961 c.174 §1;fied copy of the order, resolution or other 1975 c.675 §6; 1977 c.179 §1; 1979 c.190 §22; 1989 c.224 §36;action changing the boundary to the county 1993 c.503 §11; 1999 c.410 §5; repealed by 2007 c.154 §67]clerk of each county in which the city is lo- 246.510 [1955 c.246 §1; renumbered 246.021]cated. [1979 c.190 §14] 246.250 Personnel; equipment, materi- VOTE RECORDING SYSTEMSals and facilities; payment of expenses;administering oaths. (1) The county clerk 246.520 Applicable laws; conflictingmay employ personnel and procure equip- laws and ordinances inapplicable. All thement, supplies, materials, books, papers, re- provisions of the election laws and of anycords and facilities of every kind as the clerk county or city charter or ordinance not in-considers necessary to facilitate and assist in consistent with ORS 246.520 to 246.600 applyadministering the election laws. to elections where voting machines or vote tally systems are used. Any provision of law (2) The necessary expenses incurred by or of any county or city charter or ordinancethe county clerk in administering the which conflicts with the use of voting ma-election laws shall be allowed by the county chines or vote tally systems as provided ingoverning body and paid out of the county ORS 246.520 to 246.600 does not apply totreasury. elections in which voting machines or vote (3) The county clerk and deputies may tally systems are used. [Formerly 258.025]administer oaths and affirmations in con- 246.530 Adoption, purchase or pro-nection with the performance of their func- curement of equipment; use thereafter.tions in administering the election laws. [1957 A governing body may adopt, purchase orc.608 §14; 1979 c.190 §15; 2007 c.154 §5] otherwise procure, and provide for the use 246.260 [1957 c.608 §15; repealed by 1979 c.190 §431] of, any voting machine or vote tally system 246.265 [1977 c.829 §12; repealed by 1979 c.190 §431] approved by the Secretary of State in all or 246.270 Office hours of county clerk a portion of the precincts. Thereafter theon election days. On the day of any primary voting machine or vote tally system may beelection, general election or special election used for voting at all elections for public andheld throughout the county, the county party offices and on all measures, and forclerk′s office shall remain open for business receiving, registering and counting the votespertaining to the election from 7 a.m. to 8 in the precincts as the governing body di-p.m. of the same day. [1957 c.608 §18; 1979 c.190 rects. [Formerly 258.045]§16; 1987 c.267 §3; 1995 c.712 §3; 1999 c.410 §3; 1999 c.999§29] 246.540 Joint purchase, maintenance 246.300 [1957 c.608 §17; repealed by 1975 c.675 §36] and use. (1) In purchasing voting machines 246.310 [1957 c.608 §22; 1959 c.317 §1; 1963 c.37 §1; or vote tally systems, a governing body of1963 c.159 §1; 1975 c.675 §4a; 1979 c.190 §17; 1983 c.514 any county and the governing bodies of any§2; 1985 c.471 §1; 1991 c.69 §1; 1995 c.712 §4; 2005 c.797 incorporated cities, districts or other munic-§53; repealed by 2007 c.154 §67] ipalities in the county, may provide for the 246.320 [1957 c.608 §23; 1979 c.190 §18; 1993 c.797 §20; joint purchase and subsequent ownership ofrepealed by 2007 c.154 §67] voting machines or vote tally systems and for 246.330 [1957 c.608 §24; 1973 c.588 §1; 1975 c.675 §5; the care, maintenance and use of the ma-1975 c.678 §3; 1979 c.190 §19; 1979 c.519 §1a; 1995 c.607 chines or systems.§2; repealed by 2007 c.154 §67] 246.335 [1979 c.749 §2 (enacted in lieu of 246.340); (2) The governing body of two or more1991 c.719 §20; repealed by 2007 c.154 §67] counties may provide for the joint use of 246.340 [1957 c.608 §25; 1959 c.89 §1; 1979 c.190 §20; voting machines or vote tally systems.repealed by 1979 c.749 §1 (246.335 enacted in lieu of [Formerly 258.105]246.340)] 246.550 Examination and approval of 246.350 [1975 c.678 §1; repealed by 1979 c.190 §431] equipment by Secretary of State. (1) The Secretary of State shall publicly examine all PRECINCTS makes of voting machines or vote tally sys- 246.410 Establishment and modifica- tems submitted to the secretary and deter-tion of precincts; maximum number of mine whether the machines or systemselectors in precinct. The county clerk, not comply with the requirements of ORSlater than the 30th day before an election, 246.560, and can safely be used by electors.may create, combine or divide one or more (2) Any person owning or interested in aprecincts. The number of electors to be in- voting machine or vote tally system maycluded in a precinct shall not exceed 5,000. submit it to the secretary for examination.The county clerk shall fix the boundaries of For the purpose of assistance in examiningthe precincts and designate the precincts by the machine or system the secretary mayTitle 23 Page 6 (2007 Edition)
  • 9. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.565employ not more than three individuals who (f) Provides that a vote for more than oneare expert in one or more of the fields of candidate cannot be cast by one single oper-data processing, mechanical engineering and ation of the voting machine or vote tallypublic administration. The compensation of system except for President and Vice Presi-these assistants shall be paid by the person dent and electors for those offices.submitting the machine or system. (g) Provides that straight party pointers (3) Not later than the 30th day after shall be disconnected from all candidatecompleting the examination, the secretary pointers.shall approve or reject the voting machine (h) Contains a device that will duplicateor vote tally system. If the secretary ap- the votes cast by each elector onto a paperproves the machine or system, the secretary record copy.shall make a report on the machine or sys-tem, together with a written or printed de- (i) Contains a device that will allow eachscription, drawings and photographs clearly elector to view the elector′s paper recordidentifying the machine or system and its copy while preventing the elector from di-operation. Upon request, the secretary shall rectly handling the paper record copy.send a copy of the report to any governing (2) A vote tally system shall be:body within the state. (a) Capable of correctly counting votes (4) Any voting machine or vote tally sys- on ballots on which the proper number oftem approved by the secretary may be used votes have been marked for any office orfor conducting elections. A machine or sys-tem rejected by the secretary may not be measure that has been voted.used at any election. If a machine or system (b) Capable of ignoring the votes markedis changed after the machine or system has for any office or measure if more than thebeen approved by the secretary, the secretary allowable number of votes have been marked,is not required to reexamine or reapprove but shall correctly count the properly votedthe machine or system if the secretary de- portions of the ballot.termines that the change does not impair the (c) Capable of accumulating a count ofaccuracy, efficiency or capacity of the ma-chine or system. the specific number of ballots tallied for a precinct, accumulating total votes by candi- (5) If, after consulting with county date for each office, and accumulating totalclerks, the secretary determines that a vot- votes for and against each measure of theing machine or vote tally system approved ballots tallied for a precinct.by the secretary does not comply with therequirements of ORS 246.560, the secretary (d) Capable of tallying votes from ballotsmay revoke the approval. If the secretary re- of different political parties, from the samevokes approval, the machine or system may precinct, in a primary election.not be used in any election. [Formerly 258.155; (e) Capable of accommodating the proce-2005 c.731 §2; 2005 c.797 §65] dure established under ORS 254.155. 246.560 Requirements for approval of (f) Capable of automatically producingequipment. (1) A voting machine may not precinct totals in either printed, marked, orbe approved by the Secretary of State unlessthe voting machine is constructed so that it: punched form, or combinations thereof. [Formerly 258.165; 1987 c.267 §6; 1993 c.713 §47; 1995 c.712 (a) Secures to the elector secrecy of vot- §6; 1999 c.999 §31; 2005 c.731 §3; 2005 c.797 §66]ing. 246.565 Audit of computerized voting (b) Provides facilities for voting for the system by Secretary of State; copy of in-candidates of as many political parties or or- structions for operation and mainte-ganizations as may make nominations and nance; maintenance log. (1) Any votingfor or against as many measures as may be machine or vote tally system involving thesubmitted. use of computers, a computer network, com- (c) Permits the elector to vote for any puter program, computer software or com-person and as many persons for an office and puter system shall be subject to audit by theupon any measure for which the elector has Secretary of State at any time for the pur-the right to vote. pose of checking the accuracy of the voting (d) Permits the elector, except at a pri- machine or vote tally system.mary election, to vote for all the candidates (2) The county clerk shall obtain a copyof one party or in part for the candidates of of the written instructions for the operationone party and in part for the candidates of and maintenance of any component of a voteone or more other parties. tally system described in subsection (1) of (e) Correctly records on a separate ballot this section. The clerk shall obtain the copythe votes cast by each elector for any person from the manufacturer or vendor of anyand for or against any measure. component and shall retain the copy.Title 23 Page 7 (2007 Edition)
  • 10. 246.570 ELECTIONS (3) The county clerk shall keep a log of the provisions of ORS 246.590. [Formerlyall maintenance performed on any component 258.405; 1995 c.144 §15]of a vote tally system after the component is 246.580 Content of vote recording sys-purchased and installed. The county clerk tem sale agreement. The sale agreementshall distinguish maintenance performed shall provide for:during the period that occurs after the pre-paratory test conducted under ORS 254.235 (1) Annual payments of not less than 20(1) and before the public certification test percent of the cost of the voting machinesconducted under ORS 254.525. or vote tally systems or computers or com- puter systems, plus interest, payable on or (4) As used in this section: before December 15. (a) “Computer” means, but is not limited (2) Payment by the county of mainte-to, an electronic device that performs logical, nance, supplies, storage and transportationarithmetic or memory functions by the ma- costs of the voting machines or vote tallynipulations of electronic or magnetic im- systems or computers or computer systems.pulses and includes all input, output, [Formerly 258.415; 1985 c.808 §1; 1995 c.144 §16]processing, storage, software or communica-tion facilities that are connected or related 246.590 Loans from State Treasurerto such a device in a system or network. for purchase of voting equipment or computers; Voting Machine Account. (1) (b) “Computer network” means, but is The State Treasurer, in the capacity of in-not limited to, the interconnection of com- vestment officer for the Oregon Investmentmunication lines, including microwave or Council, may lend moneys in the investmentother means of electronic communication, funds as provided in ORS 293.701 to 293.820with a computer through remote terminals for the acquisition of:or a complex consisting of two or moreinterconnected computers. (a) The voting machines or vote tally systems that the Secretary of State has con- (c) “Computer program” means, but is tracted to sell to a county.not limited to, a series of instructions orstatements, in a form acceptable to a com- (b) Computers or computer systems forputer, that permits the functioning of a com- the purpose of maintaining and updatingputer system in a manner designed to provide elector registration files or for establishingappropriate products from the computer sys- cross-county elector registration files, in-tem. cluding those that the Secretary of State has contracted to sell to a county. (d) “Computer software” means, but isnot limited to, computer programs, proce- (2) The Voting Machine Account is es-dures and associated documentation con- tablished in the General Fund. The accountcerned with the operation of a computer consists of moneys lent to the Secretary ofsystem. State under this section and payments col- lected from counties under ORS 246.600. (e) “Computer system” means, but is not Moneys in the account are continuously ap-limited to, a set of related, connected or un- propriated to the secretary for:connected computer equipment, devices andsoftware. [1989 c.959 §2; 2001 c.965 §25; 2007 c.71 §77] (a) The purchase of voting machines or vote tally systems or computers or computer 246.570 Sale of vote recording systems systems described in subsection (1) of thisto counties; security interest. (1) The Sec- section; andretary of State may enter into an agreement, (b) Repayment of moneys lent under thisfor a term of not more than five years, with section, plus interest.any county within the state for the sale tothe county of approved voting machines or (3) Moneys lent under this section shallvote tally systems or computers or computer be repaid within five years together with in-systems described in ORS 246.590. The terest at a rate agreed upon by the Stateagreement shall include a provision creating Treasurer and the Secretary of State. [Formerly 258.425; 1993 c.713 §62; 1995 c.144 §17; 2005a security interest for the Secretary of State c.755 §6]in the voting machines or vote tally systemsor computers or computer systems. The se- 246.600 Deposits in Voting Machinecurity interest shall not be released until the Account; repayment to State Treasurer.sale is completed and the terms of the sale All payments collected from the countiesagreement are satisfied. from the sale of voting machines, computers or vote tally or computer systems shall be (2) The Secretary of State on having en- deposited in the Voting Machine Account.tered into an agreement with a county may An amount of money equal to the amount ofpurchase the necessary voting machines or payments collected from the counties fromvote tally systems or computers or computer the sale of voting machines, computers orsystems using money made available under vote tally or computer systems during theTitle 23 Page 8 (2007 Edition)
  • 11. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.910calendar year, plus interest at a rate agreed APPEALS FROM OFFICERS,upon by the State Treasurer and the Secre- OFFICIALStary of State, shall be paid to the State 246.910 Appeal from Secretary ofTreasurer as the repayment of money ad- State, county clerk or other elections of-vanced for the acquisition of voting ma- ficial to courts; deadline for filing. (1) Achines, computers or vote tally or computer person adversely affected by any act or fail-systems. Payment shall be made to the State ure to act by the Secretary of State, a countyTreasurer not later than December 31 of clerk, a city elections officer or any othereach year. [Formerly 258.435; 1995 c.144 §18] county, city or district official under any election law, or by any order, rule, directive 246.610 [Formerly 258.445; 1995 c.144 §19; repealedby 2005 c.755 §59] or instruction made by the Secretary of State, a county clerk, a city elections officer 246.810 [1957 c.608 §6; 1979 c.190 §35; repealed by or any other county, city or district official1985 c.448 §5] under any election law, may appeal there- from to the circuit court for the county in COMPELLING OFFICERS, OFFICIALS which the act or failure to act occurred or TO PERFORM DUTIES in which the order, rule, directive or in- struction was made. 246.820 Order to compel county clerk, (2) An appeal described in subsection (1)city elections officer or elections official of this section of an order of the Secretaryto comply with interpretation, rule, di- of State approving or disapproving a staterective or instruction. (1) Whenever it ap- initiative petition for circulation for the pur-pears to the Secretary of State that a county pose of obtaining signatures of electors mustclerk, city elections officer or a local elec- be filed within 60 days following the date thetions official has failed to comply with an order is served.interpretation of any election law made by (3) Any party to the appeal proceedingsthe Secretary of State under ORS 246.110 or in the circuit court under subsection (1) ofhas failed to comply with a rule, directive or this section may appeal from the decision ofinstruction made by the Secretary of State the circuit court to the Court of Appeals.under ORS 246.120, 246.140 or 246.150, the (4) The circuit courts and Court of Ap-Secretary of State may apply to the appro- peals, in their discretion, may give preced-priate circuit court for an order to compel ence on their dockets to appeals under thisthe county clerk, city elections officer or lo- section as the circumstances may require.cal elections official to comply. (5) The remedy provided in this section (2) The court shall dispose of the matter is cumulative and does not exclude any otherunder subsection (1) of this section as soon remedy against any act or failure to act byas possible, but in any case not later than the Secretary of State, a county clerk, a citythe fifth day after the Secretary of State ap- elections officer or any other county, city orplies for an order. district official under any election law or against any order, rule, directive or instruc- (3) The remedy provided in this section tion made by the Secretary of State, a countyis cumulative and does not exclude any other clerk, a city elections officer or any otherremedy against a county clerk, city elections county, city or district official under anyofficer or local elections official who fails to election law. [1957 c.608 §19; 1975 c.227 §2; 1979 c.190comply with an interpretation of any election §38; 1983 c.514 §3; 1995 c.607 §10; 2005 c.797 §26]law or the rule, directive or instruction. [1957 246.990 [Repealed by 1957 c.608 §231]c.608 §7; 1979 c.190 §36; 1985 c.448 §3; 1995 c.607 §9] 246.991 [1967 c.338 §4; 1975 c.675 §7; repealed by 1979 c.190 §431] 246.830 [1957 c.608 §13; 1979 c.190 §37; repealed by1985 c.448 §5]Title 23 Page 9 (2007 Edition)
  • 12. ELECTIONSTitle 23 Page 10 (2007 Edition)
  • 13. Chapter 247 2007 EDITION Qualification and Registration of Electors GENERAL PROVISIONS UPDATING REGISTRATION247.002 Definitions 247.290 Registration update requirement; proce- dure; exceptions247.005 Policy 247.292 Update of registration of elector changing247.007 When ballot considered legally cast; when residence within county; procedure vote counted; prohibition on voting more 247.296 Verification of addresses of electors; up- than once in same election date of registration; notice; cancellation prohibited during certain periods REGISTRATION 247.298 Extension of time for automatic updates247.009 Qualification to vote in political subdivi- under ORS 247.292 sion 247.302 Effective date of registration automat- ically updated by county clerk247.012 Method of registering or updating a reg- istration; when registration occurs; mini- 247.303 Deadline for updating registration mum registration information required; 247.307 Issuance of ballot to elector who updates effect of missing registration information; registration after registration deadline registration locations247.013 Where person considered registered; ELIGIBILITY IN PRESIDENTIAL ELECTIONS change of residence address between counties; registration updates; when reg- 247.410 Eligibility to vote for President or Vice istration considered active or inactive President, or electors, only247.014 Transfer of voter registration information 247.420 Special ballot for voting under ORS 247.410 by Department of Transportation 247.435 Eligibility of elector who moves to an- other state to vote in presidential elec-247.015 Other registration procedures tions247.016 Registration of person who is 17 years of age REMOVAL OF NAMES FROM REGISTER OF ELECTORS247.017 Voter registration at certain Department of Transportation offices; rules 247.555 Cancellation of registration 247.563 Notice to elector whose registration ap-247.025 Registration deadline pears invalid; contents; effect of notice;247.035 Rules to consider in determining resi- exceptions dence of person for voting purposes 247.570 Notice of deaths to Secretary of State and247.038 Registration of person who is homeless or county clerk; effect of notice resides in identifiable location 247.580 County clerk to retain notices or elector listings for two years247.125 Alteration of registration card prohibited; exceptions LISTS OF ELECTORS247.171 State and federal voter registration cards; 247.940 List of active electors; delivery without Secretary of State approval of voter reg- charge to political parties istration application forms of voter regis- 247.945 List of county or statewide electors; de- tration agencies; content of voter livery to any person; charges registration cards 247.955 Use of lists of electors for commercial247.174 Determining if person qualified to register purposes prohibited; exceptions or update registration; hearing247.176 Request for delivery of registration card; DISCLOSURE OF RESIDENCE rules ADDRESS OR SIGNATURE OF ELECTORS247.178 Distribution of registration cards 247.965 When residence address of elector exempt247.181 Memorandum card from disclosure as public record; request for exemption247.191 Correction of registration and memoran- dum cards when precinct boundaries 247.967 Conditions where disclosure of elector′s changed residence address required; procedure; ex- ception247.195 Inquiry into validity of registration; hear- ing; cancellation 247.969 Definition of “personal safety” for pur- poses of ORS 247.965; rules247.203 Change, termination or adoption of party 247.973 Status of signature on voter registration affiliation before primary election card as public record; copies of signature247.208 Voter registration agencies; designation; prohibited; voter registration documents prohibited activities; required services or information exempt from disclosureTitle 23 Page 11 (2007 Edition)
  • 14. ELECTIONSTitle 23 Page 12 (2007 Edition)
  • 15. QUALIFICATION AND REGISTRATION OF ELECTORS 247.012 GENERAL PROVISIONS the Department of Transportation or any 247.002 Definitions. As used in this designated voter registration agency as de-chapter: scribed in ORS 247.208; (1) “County clerk” means the county (b) Personally delivering the card to anclerk or the county official in charge of official designated by a county clerk underelections. subsection (7) of this section; or (2) “Elector” means an individual quali- (c) Completing the voter registrationfied to vote under section 2, Article II, Ore- portion of the application for issuance or re-gon Constitution. newal of a driver license, issuance of a state identification card under ORS 807.400 or a (3) “Registration card” means a state change of address at an office of the Depart-voter registration card approved by the Sec- ment of Transportation under ORS 247.017.retary of State under ORS 247.171, a federalvoter registration application form prescribed (2) If a registration card is mailed or de-by the Federal Election Commission pursu- livered to:ant to the National Voter Registration Act (a) Any person other than a county clerkof 1993 (P.L. 103-31) or the voter registration or the Secretary of State, the person shallportion of an application described in ORS forward the card to a county clerk or the247.017. [1979 c.190 §39; 1993 c.713 §1] Secretary of State not later than the fifth 247.005 Policy. It is the policy of this day after receiving the card; orstate that all election laws and procedures (b) The Secretary of State or a countyshall be established and construed to assist clerk for a county other than the county inthe elector in the exercise of the right of which the person applying for registrationfranchise. [1969 c.337 §3; 1979 c.190 §40] resides, the Secretary of State or county 247.007 When ballot considered legally clerk shall forward the card to the countycast; when vote counted; prohibition on clerk for the county in which the person re-voting more than once in same election. sides not later than the fifth day after re-(1) A ballot shall be considered legally cast ceiving the card.if the person casting the ballot is an elector (3) Registration of a qualified person oc-at the time the ballot is cast. curs: (2) A vote for a particular candidate or (a) When a legible, accurate and com-on a measure shall be counted if the elector plete registration card is received in the of-is qualified to vote for the particular candi- fice of any county clerk, the Office of thedate or on the measure. Secretary of State, an office of the Depart- (3) If an elector has voted in any ment of Transportation, a designated voterelection, the elector may not register or up- registration agency under ORS 247.208 or atdate a registration and vote in any election a location designated by a county clerk un-held on the same date. [1989 c.175 §2; 1993 c.713 der subsection (7) of this section;§2] (b) On the date a registration card is 247.008 [1979 c.559 §2; 1983 c.567 §4; repealed by 1987 postmarked if the card is received after thec.719 §17 and 1987 c.733 §13] 21st day immediately preceding an election but is postmarked not later than the 21st day REGISTRATION immediately preceding the election; or 247.009 Qualification to vote in poli- (c) In the case of a registration cardtical subdivision. Unless specifically pro- missing a date of birth, containing an in-vided otherwise, a person may vote in an complete date of birth or containing an un-election of a political subdivision of this intentional scrivener′s error that is suppliedstate only if the person is an elector regis- or corrected as described in subsection (4) ortered in the political subdivision. [1983 c.83 §2] (6) of this section, on the date that registra- 247.010 [Repealed by 1957 c.608 §231] tion would have occurred if the registration 247.011 [1957 c.608 §28; 1959 c.277 §1; 1975 c.678 §4; card had not been missing the date of birth,repealed by 1977 c.168 §6] contained an incomplete date of birth or 247.012 Method of registering or up- contained the scrivener′s error.dating a registration; when registration (4) If a registration card is legible, accu-occurs; minimum registration informa- rate and contains, at a minimum, the regis-tion required; effect of missing registra- trant′s name, residence address, date of birthtion information; registration locations. and signature, the county clerk shall register(1) A qualified person may register to vote the person. If this information is missingor update a registration to vote by: from the registration card or the date of (a) Delivering by mail or otherwise a birth is incomplete, the county clerk shallcompleted registration card to any county attempt to contact the person to obtain theclerk, the Secretary of State, any office of missing or incomplete information. TheTitle 23 Page 13 (2007 Edition)
  • 16. 247.013 ELECTIONScounty clerk may supply the registrant′s date (6) The registration of an elector shall beof birth from any previous registration of the considered inactive if:registrant. (a) The county clerk has received evi- (5) If a registration card meets the re- dence that there has been a change in thequirements of subsection (4) of this section information required for registration underbut is missing an indication of political party this chapter or the elector has neither votedaffiliation, the registrant shall be considered nor updated the registration for a period ofnot affiliated with any political party. This not less than five years; andsubsection does not apply if an elector is up- (b) The county clerk has mailed the no-dating a registration within the same county. tice described in ORS 247.563. (6) If a registration card contains an un- (7) The registration of an elector shallintentional scrivener′s error, the county not be moved to an inactive file during theclerk may attempt to contact the person to 60-day period prior to any election becausecorrect the error. the elector has neither voted nor updated the (7) A county clerk may appoint officials registration for a period of not less than fiveto accept registration of persons at desig- years.nated locations. The appointments and lo- (8) The inactive registration of an electorcations shall be in writing and filed in the must be updated before the elector may voteoffice of the county clerk. The county clerk in an election. [1993 c.713 §8; 1999 c.410 §7; 1999shall be responsible for the performance of c.824 §2; 2001 c.965 §44]duties by those appointed. 247.014 Transfer of voter registration (8) A registration card received and ac- information by Department of Transpor-cepted under this section shall be considered tation. In implementing ORS 247.012, 247.017an active registration. and 247.171, the Department of Transporta- tion shall take steps reasonably necessary to (9) A registration may be updated at any allow transfer of voter registration informa-time. [1979 c.190 §41; 1985 c.808 §1a; 1989 c.20 §1; 1989 tion by electronic or magnetic medium. [1991c.173 §5; 1989 c.979 §2; 1993 c.713 §6; 1995 c.742 §1; 1999c.410 §6; 1999 c.824 §1] c.940 §4] 247.013 Where person considered reg- 247.015 Other registration procedures.istered; change of residence address be- (1) A qualified person absent from the statetween counties; registration updates; may register by mailing to the county clerkwhen registration considered active or for the county in which the person resides ainactive. (1) A qualified person shall be completed registration card or a signedconsidered registered to vote in a county statement containing the information re-when the person′s first registration in the quired on a registration card.county occurs as described in ORS 247.012. (2) On written request from a qualified person who by physical incapacity cannot (2) An elector who changes residence ad- register in the office of the county clerk, thedress from the county in which the elector county clerk of the county in which the per-is registered to a different county within the son resides shall send the person a registra-state, in order to vote in an election, must tion card or register the person at thebe an elector registered in the county in person′s residence.which the new residence address of the elec-tor is located. (3) An otherwise qualified person who will become a United States citizen after the (3) If there is a change in any informa- 21st calendar day immediately preceding antion required for registration under this election may register before the 20th day be-chapter, and the elector has not changed fore the election. The county clerk of theresidence address to another county, the county in which the person resides shallregistration of the elector may be updated as cancel the person′s registration before theprovided in this chapter. election unless the person appears before the (4) Notwithstanding subsections (2) and county clerk and provides evidence of citi-(3) of this section, if an elector changes resi- zenship. [1979 c.190 §42; 1979 c.507 §1a; 1989 c.20 §2;dence address from the county in which the 1995 c.742 §18; 2001 c.965 §1; 2007 c.555 §3]elector is registered to a different county 247.016 Registration of person who iswithin the state, the elector need not regis- 17 years of age. (1) Subject to subsection (2)ter again if the registration of the elector is of this section, an otherwise qualified personupdated. who is at least 17 years of age may register (5) If the county clerk does not have evi- to vote.dence of a change in any information re- (2) A person who registers to vote underquired for registration under this chapter for subsection (1) of this section may not vote inan elector, the registration of the elector an election until the person attains the ageshall be considered active. of 18 years. [2007 c.555 §2]Title 23 Page 14 (2007 Edition)
  • 17. QUALIFICATION AND REGISTRATION OF ELECTORS 247.035 247.017 Voter registration at certain (6) The Secretary of State shall adoptDepartment of Transportation offices; rules establishing procedures for meeting therules. (1) The Department of Transportation requirements of subsection (3) of this section.shall make a voter registration card avail- (7) Information relating to the failure ofable to any person at any office of the de- an applicant under this section to sign thepartment where licenses or renewal voter registration portion of an applicationapplications are distributed or received. for issuance or renewal of a driver license, (2) When a person who is at least 17 issuance of a state identification card or foryears of age applies for issuance or renewal a change of address may not be used forof an Oregon driver license, as defined in other than voter registration purposes.ORS 801.245, or issuance of a state identifi- [Formerly 802.090; 1995 c.742 §2; 2007 c.555 §4]cation card under ORS 807.400 or submits a 247.020 [Amended by 1955 c.695 §1; repealed by 1957change of address application form at a de- c.608 §231]partment office where driver license issuance 247.025 Registration deadline. To voteor renewal applications, state identification in an election:card applications or change of address appli- (1) A person′s registration card must becations are distributed or received, depart- received at an office or location described inment personnel shall inform the person that ORS 247.012 not later than the time the of-the person may register to vote at the de- fice or location closes for business on thepartment office. Department personnel shall 21st day immediately preceding the election,ask the applicant whether the applicant is but in no case later than midnight of the 21stregistered to vote at the applicant′s current day immediately preceding the election; oraddress and if not, whether the applicantwould like to register to vote at the depart- (2) A person′s registration card must bement office. postmarked not later than the 21st day im- mediately preceding the election. [1979 c.190 (3) Each office shall deliver in a timely §43; 1985 c.833 §1; 1987 c.719 §9; 1987 c.733 §1; 1993 c.713manner the completed voter registration §7; 1999 c.410 §8]cards to the county clerk or elections officer 247.028 [1979 c.190 §44; 1981 c.173 §11; repealed byof the county in which the office is located. 1999 c.410 §67]The county clerk or elections officer of the 247.030 [Amended by 1955 c.695 §2; repealed by 1957county where the office is located shall for- c.608 §231]ward the registration card to the county 247.031 [1957 c.608 §29; 1975 c.678 §5; 1977 c.168 §2; repealed by 1979 c.190 §431]clerk or elections officer of the county inwhich the applicant resides. The county 247.035 Rules to consider in determin-clerk or elections officer may reject any reg- ing residence of person for voting pur-istration card in accordance with ORS poses. (1) An elections official, in247.174. The Secretary of State shall deter- determining the residence and qualificationsmine by rule the time and manner the com- of a person offering to register or vote, shallpleted registration cards are to be delivered consider the following rules, so far as theyto the appropriate county clerk or elections may be applicable:officer. (a) The person′s residence shall be the (4) The department shall develop a driver place in which habitation is fixed and tolicense issuance or renewal and voter regis- which, when the person is absent, the persontration application procedure and a state intends to return.identification card issuance and voter regis- (b) If a person′s property is split by a ju-tration application procedure and a change risdictional line, the person shall be regis-of address and voter registration application tered where the residence is located. If theprocedure that allows an applicant for a li- residence is split by a jurisdictional line, thecense, renewal, state identification card or person shall register where the greatestchange of address to register to vote by pro- value of the residence is located according toviding the information required by ORS county assessment and taxation records.247.171 and the information required for the (c) A person shall not be considered toissuance or renewal of a license or for issu- have gained a residence in any location inance of a state identification card. The Sec- this state into which the person comes forretary of State shall approve the voter temporary purposes only, without the inten-registration portion of each application pro- tion of making it the person′s home.cedure and change of address procedure. (d) If a person moves to another state (5) The voter registration portion of an with the intention of making a permanentapplication described in subsection (4) of this home, the person shall be considered to havesection shall comply with provisions of the lost residence in this state.National Voter Registration Act of 1993 (P.L. (e) If a person goes from this state into103-31). any other state or territory and votes there,Title 23 Page 15 (2007 Edition)
  • 18. 247.038 ELECTIONSthe person shall be considered to have lost 247.090 [Repealed by 1957 c.608 §231]residence in this state. 247.100 [Repealed by 1977 c.508 §15] (f) A person who has left the place of the 247.110 [Repealed by 1957 c.608 §231]person′s residence for a temporary purpose 247.111 [1957 c.608 §33; 1959 c.274 §1; 1971 c.621 §30;only shall not be considered to have lost 1975 c.678 §10; 1977 c.168 §3; repealed by 1979 c.190 §431]residence. 247.120 [Amended by 1955 c.695 §3; repealed by 1957 c.608 §231] (2) Notwithstanding subsection (1) of this 247.121 [1957 c.608 §34; 1971 c.241 §1; 1973 c.841 §1;section, a person who has left the place of 1975 c.678 §11; 1977 c.352 §1; 1979 c.190 §46; 1979 c.519the person′s residence for a temporary pur- §4a; 1985 c.833 §2; 1987 c.719 §10; 1987 c.733 §2; 1993 c.713pose only, who has not established another §9; repealed by 1995 c.742 §20]residence for voter registration purposes and 247.125 Alteration of registration cardwho does not have a place in which prohibited; exceptions. No person shall al-habitation is fixed shall not be considered to ter any information supplied on a registra-have changed or lost residence. The person tion card except:may register at the address of the place theperson′s residence was located before the (1) An elections officer in the perform-person left. ance of official duties. (3) An elections official may consider, but (2) The person who fills out the registra-is not limited to considering, the following tion card for the purpose of registering tofactors in determining residency of a person vote. [1985 c.808 §6]for voter registration purposes: 247.130 [Repealed by 1957 c.608 §231] (a) Where the person receives personal 247.131 [1957 c.608 §35; repealed by 1971 c.241 §10]mail; 247.140 [Repealed by 1957 c.608 §231] 247.141 [1957 c.608 §37; 1979 c.190 §48; renumbered (b) Where the person is licensed to drive; 247.174] (c) Where the person registers motor ve- 247.145 [1965 c.174 §3; 1969 c.337 §1; 1975 c.678 §13;hicles for personal use; 1977 c.829 §4; repealed by 1979 c.190 §431] (d) Where any immediate family members 247.150 [Repealed by 1957 c.608 §231]of the person reside; 247.151 [1957 c.608 §31; 1961 c.65 §1; repealed by 1965 c.174 §1] (e) The address from which the personpays for utility services; and 247.155 [1965 c.174 §4; repealed by 1977 c.829 §23] 247.160 [Repealed by 1957 c.608 §231] (f) The address from which the personfiles any federal or state income tax returns. 247.161 [1957 c.608 §32; repealed by 1965 c.174 §1][Formerly 250.410; 1995 c.214 §1] 247.165 [1965 c.174 §§5,6,7; 1975 c.678 §15; 1977 c.352 §2; repealed by 1979 c.190 §431] 247.038 Registration of person who is 247.170 [Repealed by 1957 c.608 §231]homeless or resides in identifiable lo-cation. (1) A qualified person who is home- 247.171 State and federal voter regis-less or resides in a shelter, park, motor tration cards; Secretary of State approvalhome, marina or other identifiable location of voter registration application forms ofmay not be denied the opportunity to register voter registration agencies; content ofto vote. voter registration cards. (1) Except as pro- (2) For purposes of this chapter: vided in this subsection, the Secretary of State shall design, prepare and distribute (a) The residence address of a person who state voter registration cards. The Secretaryis homeless or resides in a shelter, park, of State shall also distribute federal registra-motor home, marina or other identifiable lo- tion cards. Any person may apply in writingcation may be any place within the county to the Secretary of State for permission todescribing the physical location of the per- print, copy or otherwise prepare and distrib-son; and ute the registration cards designed by the (b) The mailing address of a person who Secretary of State. The secretary may revokeis homeless or resides in a shelter, park, any permission granted under this subsectionmotor home, marina or other identifiable lo- at any time. All registration cards shall becation may be the office of the county clerk. distributed to the public without charge.[1993 c.493 §104; 2007 c.553 §1] (2) The Secretary of State shall approve 247.040 [Repealed by 1957 c.608 §231] any voter registration application form de- 247.045 [1975 c.678 §7; 1977 c.163 §4; 1979 c.507 §1b; veloped for use by the Department of Trans-1979 c.519 §2; renumbered 247.178] portation under ORS 247.017 or by any other 247.050 [Repealed by 1957 c.608 §231] agency designated a voter registration 247.060 [Repealed by 1957 c.608 §231] agency under ORS 247.208. 247.070 [1957 c.608 §30; 1973 c.827 §24; 1975 c.678 §8; (3) Each voter registration card designed1977 c.829 §3; repealed by 1979 c.190 §431] or approved by the Secretary of State shall 247.080 [Repealed by 1957 c.608 §231] describe the penalties for knowingly supply-Title 23 Page 16 (2007 Edition)
  • 19. QUALIFICATION AND REGISTRATION OF ELECTORS 247.181ing false information on the registration card (3) A person whose registration or updateand shall contain space for a person to pro- to a registration is rejected may apply to thevide the following information: county clerk not later than the 10th day af- (a) Full name; ter the rejection for a hearing on the per- son′s qualifications to register or update the (b) Residence address, mailing address or registration. Not later than the 10th day af-any other information necessary to locate ter the date the county clerk receives thethe residence of the person offering to regis- application, the clerk shall notify the appli-ter to vote; cant of the place and time of the hearing on (c) The name of the political party with the qualifications. The hearing shall be heldwhich the person is affiliated, if any; not sooner than the second nor later than (d) Date of birth; the 20th day after notice is given. At the hearing the applicant may present evidence (e) An indication that the person is a of qualification. If the county clerk, upon thecitizen of the United States; and conclusion of the hearing, determines that (f) A signature attesting to the fact that the applicant is qualified, the county clerkthe person is qualified to be an elector. shall register or update the registration of the applicant. [Formerly 247.141; 1983 c.83 §28; 1985 (4) Any form containing a voter registra- c.471 §2; 1985 c.833 §4; 1987 c.719 §12; 1987 c.733 §4; 1993tion card may also include space for a person c.713 §11]to provide: 247.176 Request for delivery of regis- (a) A telephone number where the person tration card; rules. (1) During the periodmay be contacted; and extending from the 250th day before the pri- (b) If previously registered to vote in this mary election to the date of the primarystate, the name then supplied by the person election and the period extending from theand the county and, if known, the address of day after the primary election to the 250thprevious registration. day before the next primary election: (5) A person shall not supply any infor- (a) Any person may request delivery frommation under subsection (3) or (4) of this the Secretary of State of not more than ansection knowing it to be false. aggregate total of 5,000 registration cards prepared under ORS 247.171; and (6) A county clerk or other person ac-cepting registration cards shall not request (b) Upon receiving a request under thisany information unless it is authorized by subsection, the Secretary of State shall de-state or federal law. liver to the person the number of registra- tion cards requested that does not exceed an (7) A person shall attest to the informa- aggregate total of 5,000.tion supplied on the voter registration cardby signing the completed registration card. (2) The Secretary of State shall adopt rules describing when the Secretary of State (8) Any completed and signed registration will honor requests for delivery of more thancard described in subsection (3) of this sec- 5,000 registration cards prepared under ORStion shall be the official registration card of 247.171. [1989 c.173 §7; 1995 c.712 §7]the elector. [1957 c.608 §36; 1965 c.464 §2; 1971 c.241§5; 1975 c.678 §16; 1977 c.168 §4; 1979 c.190 §47; 1985 c.808 247.178 Distribution of registration§4; 1985 c.833 §3; 1987 c.320 §150; 1987 c.719 §11; 1987 cards. Any person may distribute a registra-c.733 §3; 1989 c.20 §3; 1989 c.173 §1; 1989 c.979 §5; 1993 tion card in any reasonable manner that fa-c.713 §10; 1995 c.742 §3] cilitates elector registration, including but 247.174 Determining if person qualified not limited to distribution of the card doorto register or update registration; hear- to door. The card shall be available at anying. (1) The qualifications of any person who field office of the Department of Transporta-requests to be registered or to update a reg- tion where applications for driver licenses oristration shall be determined in the first in- vehicle registrations are accepted and at anystance by the county clerk or official office of an agency designated a voter regis-designated by the county clerk to register tration agency under ORS 247.208. [Formerlypersons as electors from the evidence pres- 247.045; 1993 c.713 §12; 1993 c.741 §20]ent. 247.180 [Repealed by 1957 c.608 §231] (2) The county clerk or official desig- 247.181 Memorandum card. (1) Thenated by the county clerk to register persons county clerk shall prepare and issue by non-as electors may reject any registration or forwardable mail to each elector a memoran-update of a registration if the clerk or offi- dum card of convenient size containing thecial determines that the person is not quali- name and residence address of the elector,fied or that the registration card is illegible, the name or number of the precinct in whichinaccurate or incomplete. The clerk or offi- the elector resides and a brief statement ofcial shall promptly notify the person of the the circumstances under which the elector isrejection. required to register or update a registration.Title 23 Page 17 (2007 Edition)
  • 20. 247.191 ELECTIONS (2) When an elector registers or updates date of the primary election may not, duringa registration, the county clerk shall issue that period:the elector a new memorandum card by non- (1) Change the elector′s political partyforwardable mail. affiliation if the elector′s immediate past (3) If an elector loses a memorandum registration record shows the elector was orcard the elector may apply to the county is registered as affiliated with a politicalclerk for a new card, and the county clerk party.shall issue the elector a new card by nonfor- (2) Terminate affiliation with a politicalwardable mail. [1957 c.608 §38; 1977 c.508 §1; 1979 party if the elector′s immediate past regis-c.190 §50; 1979 c.519 §6a; 1981 c.173 §12; 1993 c.713 §13; tration record shows the elector was or is1995 c.742 §4] registered as affiliated with a political party. 247.190 [Repealed by 1957 c.608 §231] (3) Adopt a political party affiliation if 247.191 Correction of registration and the elector′s immediate past registrationmemorandum cards when precinct shows that the elector was not or is notboundaries changed. When changes in the registered as affiliated with a political party.boundaries of a precinct are made, the [1987 c.719 §§5,22; 1989 c.965 §§1,2; 1993 c.713 §15; 1995county clerk may alter the registration card c.712 §8; 1995 c.755 §1; 1999 c.999 §32]of an elector to conform with the change, 247.205 [1993 c.713 §34; renumbered 254.408 in 1995]and shall issue by nonforwardable mail a 247.208 Voter registration agencies;written notice of the change and a new designation; prohibited activities; re-memorandum card to the elector. This re- quired services. (1) The Secretary of Statequirement does not apply to a change of pre- by rule, in accordance with the requirementscincts for special district or special elections. of the National Voter Registration Act of[1957 c.608 §39; 1975 c.675 §8; 1979 c.190 §51; 1979 c.519§7a; 1985 c.808 §5; 1995 c.742 §5] 1993 (P.L. 103-31), shall designate agencies as voter registration agencies. Agencies des- 247.195 Inquiry into validity of regis- ignated may include state, county, city ortration; hearing; cancellation. (1) The district offices and federal and nongovern-county clerk, at any time, may inquire into mental offices with the agreement of thethe validity of the registration of any elector. federal or nongovernmental offices.The county clerk shall mail a written state-ment to the elector that describes the nature (2) Services required by the Nationalof the inquiry and provides a suitable form Voter Registration Act of 1993 (P.L. 103-31)for reply. shall be made available in connection with any registration card at each voter registra- (2) Not later than the 20th day after the tion agency designated by the Secretary ofdate of mailing of the statement, the elector, State.in writing, may state that the information onthe registration card is correct or may re- (3) A person providing services referredquest a change in the information on the to in subsection (2) of this section at a votercard. Upon receipt of the statement or re- registration agency shall not:quest, the county clerk shall determine (a) Seek to influence the political prefer-whether the information satisfies the inquiry. ence or party registration of a person regis-If the county clerk determines that the in- tering to vote;quiry has not been satisfied, the county clerk (b) In accordance with provisions of theshall schedule a hearing and shall notify the Oregon Constitution, display such politicalelector of the place and time of the hearing. preference or party allegiance;The hearing shall be held not sooner thanthe second nor later than the 20th day after (c) Make any statement to a person reg-notice is given. At the hearing, the elector istering to vote or take any action the pur-may present evidence of qualification. If the pose or effect of which is to discourage acounty clerk, upon the conclusion of the person from registering to vote;hearing, determines that the elector′s regis- (d) Make any statement to a person reg-tration is not valid, the county clerk shall istering to vote or take any action the pur-cancel the registration. [1981 c.173 §16; 1985 c.471 pose or effect of which is to lead the person§3; 1989 c.503 §3; 1993 c.713 §14] to believe that a decision to register or not 247.200 [Repealed by 1957 c.608 §231] to register has any bearing on the availabil- 247.201 [1957 c.608 §45; 1971 c.241 §6; 1975 c.678 §17; ity of services or benefits; or1977 c.168 §5; 1979 c.190 §53; 1983 c.514 §4; 1985 c.808 §7; (e) Seek to induce any person to registerrepealed by 1987 c.719 §17 and 1987 c.733 §13] or vote in any particular manner. 247.203 Change, termination or adop- (4) Each state agency required to be des-tion of party affiliation before primary ignated a voter registration agency under theelection. An elector who updates a registra- National Voter Registration Act of 1993 (P.L.tion during the period extending from the 103-31) shall, with each application for ser-20th day before a primary election to the vice or assistance and with each recertifica-Title 23 Page 18 (2007 Edition)
  • 21. QUALIFICATION AND REGISTRATION OF ELECTORS 247.296tion, renewal or change of address form registration or by the county clerk as pro-relating to the service or assistance: vided in this chapter. (a) Distribute a registration card, includ- (3) An elector need not update a regis-ing all statements required under the Na- tration if:tional Voter Registration Act of 1993 (P.L. (a) The United States Postal Service or103-31); and a city or county changes the residence or (b) Provide a form including other infor- mailing address of the elector and the resi-mation required by the National Voter Reg- dence of the elector has not been relocated;istration Act of 1993 (P.L. 103-31). or (5) Information relating to a declination (b) The registration of the elector hasto register to vote in connection with an ap- been updated by the county clerk under ORSplication made at an office described in sub- 247.292 or 247.296. [1957 c.608 §43; 1961 c.115 §1;section (4) of this section shall not be used 1965 c.583 §1; 1971 c.241 §2; 1975 c.678 §18; 1979 c.190 §52; 1981 c.173 §13; 1985 c.471 §4; 1987 c.733 §5; 1989 c.20 §4;for any purpose other than voter registra- 1993 c.493 §1; 1993 c.713 §§16,16a; 1995 c.742 §6; 1999 c.318tion. §1; 1999 c.410 §12; 2007 c.154 §6] (6) A completed registration card ac- 247.292 Update of registration of elec-cepted at a voter registration agency desig- tor changing residence within county;nated under this section shall be delivered to procedure. (1)(a) A county clerk shall up-a county clerk or the Secretary of State. date the registration of an elector in the[1993 c.713 §5] county upon receiving written evidence from: 247.210 [Repealed by 1957 c.608 §231] (A) The elector indicating a residence or 247.211 [1957 c.608 §27; repealed by 1971 c.241 §10] mailing address that is different from the 247.220 [Repealed by 1961 c.412 §5] residence or mailing address for the elector 247.230 [Repealed by 1961 c.412 §5] as contained in the records of the county 247.240 [Repealed by 1961 c.412 §5] clerk; or 247.250 [1955 c.552 §1; repealed by 1957 c.608 §231] (B) The United States Postal Service in- 247.251 [1957 c.608 §40; repealed by 1963 c.595 §1 dicating a residence address that is different(247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 from the residence address for the elector asenacted in lieu of 247.251)] contained in the records of the county clerk. 247.260 [1955 c.552 §2; repealed by 1957 c.608 §231] (b) This subsection applies only if the 247.261 [1957 c.608 §41; repealed by 1979 c.190 §431] new residence address is located in the same 247.270 [1955 c.552 §3; repealed by 1957 c.608 §231] county as the residence address for the elec- 247.280 [1957 c.608 §42; 1979 c.190 §62; renumbered tor as contained in the records of the county247.590] clerk. 247.282 [1971 c.30 §2; repealed by 1973 c.125 §1 and (2) When a county clerk updates the reg-by 1973 c.827 §83] istration of an elector under subsection (1) 247.284 [1971 c.30 §§4,6; repealed by 1973 c.125 §1 of this section, the clerk shall send a newand by 1973 c.827 §83] precinct memorandum card by nonforward- 247.286 [1971 c.30 §§5,7; repealed by 1973 c.125 §1 able mail to the elector as provided in ORSand by 1973 c.827 §83] 247.181. The clerk shall include a notice 247.288 [1971 c.30 §3; repealed by 1973 c.125 §1 and stating that if the residence address or mail-by 1973 c.827 §83] ing address is not correct, the elector must notify the clerk. UPDATING REGISTRATION (3) An elector is not disqualified from 247.290 Registration update require- voting due to any error relating to an updatement; procedure; exceptions. (1) An elec- of registration made under this section. [1993tor shall update a registration if: c.713 §17a; 2007 c.881 §6] (a) The residence address of the elector 247.294 [1993 c.713 §17c; repealed by 1999 c.410 §67]is changed for any reason within the county 247.296 Verification of addresses ofin which the elector is registered, except as electors; update of registration; notice;provided in subsection (3) of this section; cancellation prohibited during certain pe- (b) The elector desires to change or adopt riods. (1) The county clerk shall use recordsa political party affiliation; of the United States Postal Service relating to ballots issued by mail to verify the accu- (c) The mailing address of the elector is racy of addresses of electors contained in thechanged, except as provided in subsection (3) registration file of the county clerk.of this section; or (2) Based on information obtained under (d) The name of the elector is changed, subsection (1) of this section, the countyexcept as provided in ORS 254.411. clerk shall automatically update the regis- (2) A registration may be updated by an tration of an elector under ORS 247.292 orelector in the same manner as an original mail a notice described in ORS 247.563.Title 23 Page 19 (2007 Edition)
  • 22. 247.298 ELECTIONS (3) The registration of an elector shall ELIGIBILITY INnot be canceled during the 90-day period PRESIDENTIAL ELECTIONSprior to any primary or general election 247.410 Eligibility to vote for Presidentbased on information obtained under this or Vice President, or electors, only. Asection. [1993 c.713 §17d; 1995 c.742 §15; 1999 c.59 §63; person who is qualified to register, except1999 c.318 §2; 1999 c.999 §32a] that the person will have resided in this 247.298 Extension of time for auto- state less than 20 days before the election,matic updates under ORS 247.292. If there may vote in the election for candidates forare fewer than 22 days between the date of nomination or election for President or Vicean election and the registration deadline for President of the United States or elector ofthe next succeeding election, the county President and Vice President of the Unitedclerk may update registrations as required States if the person:under ORS 247.292 after the next succeeding (1) Did not vote for the nomination ofelection. [1993 c.713 §17e; 1999 c.410 §13] such candidates in another state during the 247.300 [1957 c.608 §44; 1961 c.115 §2; repealed by six months immediately preceding the per-1975 c.678 §25] son′s request for registration to vote for the 247.302 Effective date of registration nomination of such candidates in the primaryautomatically updated by county clerk. election in this state; orThe effective date of a voter registration up- (2) Did not vote for the election of suchdated under ORS 247.292 or 247.296 is the candidates in another state during the sixdate that the county clerk changes the ad- months immediately preceding the person′sdress information on the voter registration request for registration to vote for thefile. [1993 c.713 §17f; 1999 c.410 §14] election of such candidates in the general election in this state. [1961 c.114 §2; 1973 c.150 §1; 247.303 Deadline for updating regis- 1979 c.190 §54; 1979 c.519 §9a; 1987 c.267 §7; 1995 c.712tration. Notwithstanding ORS 247.025, an §10; 1999 c.999 §33]elector whose registration is active or inac- 247.420 Special ballot for voting undertive may update the registration at any time ORS 247.410. (1) A county clerk shall give abefore 8 p.m. on the day of the election. [1999 ballot marked “Presidential only” to anyc.410 §10] person eligible under ORS 247.410 who per- 247.304 [1993 c.713 §18; 1995 c.712 §9; 1995 c.742 §16; sonally appears in the office of the county1999 c.410 §15; repealed by 2007 c.154 §67] clerk, completes a registration card and ver- 247.306 [1993 c.713 §20; repealed by 1999 c.410 §67] ifies eligibility to vote under ORS 247.410. 247.307 Issuance of ballot to elector (2) No person shall supply any informa-who updates registration after registra- tion under subsection (1) of this section,tion deadline. (1) If the county clerk re- knowing it to be false. [1961 c.114 §3; 1969 c.153 §1; 1975 c.678 §19; 1979 c.190 §55; 1999 c.410 §16]ceives information updating the registrationof an elector after the deadline in ORS 247.430 [1961 c.114 §4; 1971 c.241 §7; repealed by 1979 c.190 §431]247.025: (a) The county clerk shall issue a ballot 247.435 Eligibility of elector who moves to another state to vote in presi-to the elector if the elector′s registration was dential elections. An elector of this stateinactive prior to updating; or who moves to another state after the 31st (b) The county clerk shall issue a re- day before a primary or general election forplacement ballot upon request from the elec- President or for electors of President andtor if the elector′s registration was active Vice President, and who does not qualify toprior to updating. vote in the state of the elector′s present res- idence, may vote for these offices in the pri- (2) Ballots issued under this section need mary or general election in this state. Thenot be mailed to electors after the fifth day ballot for a person voting under this sectionbefore the date of the election and may be shall be marked “Presidential only.” [Formerlyobtained by the elector in person from the 253.300; 1987 c.267 §8; 1995 c.712 §11; 1999 c.410 §17; 1999county clerk up until and including the date c.999 §34]of the election. [1999 c.410 §11; 2007 c.154 §7] 247.440 [1961 c.114 §5; 1971 c.241 §8; 1975 c.678 §20; repealed by 1979 c.190 §431] 247.310 [1961 c.62 §2; 1967 c.25 §1; 1971 c.241 §3; re-pealed by 1979 c.190 §431 and 1979 c.519 §38] 247.450 [1961 c.114 §6; repealed by 1979 c.190 §431] 247.320 [1987 c.733 §9; 1989 c.20 §5; repealed by 1993 247.460 [1961 c.114 §7; repealed by 1979 c.190 §431]c.713 §43] 247.470 [1961 c.114 §8; 1975 c.678 §21; repealed by 247.330 [1987 c.733 §10; 1989 c.20 §6; 1993 c.713 §21; 1979 c.190 §431]1995 c.607 §11; 1995 c.742 §7; repealed by 1999 c.410 §67] 247.510 [1957 c.608 §46; renumbered 247.910] 247.340 [1987 c.733 §11; 1993 c.713 §22; repealed by 247.520 [1957 c.608 §47; 1961 c.48 §1; renumbered1995 c.742 §20] 247.920]Title 23 Page 20 (2007 Edition)
  • 23. QUALIFICATION AND REGISTRATION OF ELECTORS 247.580 REMOVAL OF NAMES that the registration should be considered FROM REGISTER OF ELECTORS active. 247.550 [1963 c.346 §2; 1977 c.508 §2; 1979 c.190 §57; (4) This section does not apply when the1985 c.808 §8; 1991 c.107 §1; 1993 c.713 §23; 1999 c.410 §18; county clerk receives written evidence fromrepealed by 2007 c.154 §67] the elector or another county clerk indicat- 247.555 Cancellation of registration. (1) ing a change of residence or mailing addressA county clerk may cancel the registration or from the United States Postal Service in-of an elector: dicating a change of residence address and (a) At the request of the elector; the registration of the elector is automat- ically updated by the county clerk under any (b) Upon the death of the elector; provision of this chapter. [1993 c.713 §25; 1999 c.410 §19; 2001 c.965 §45; 2007 c.881 §7] (c) If the county clerk receives writtenevidence that the elector has registered to 247.565 [Formerly 247.600; 1981 c.173 §17; 1987 c.719 §§15,16; 1989 c.503 §4; 1993 c.493 §2; repealed by 1993vote in another county in this state or in c.713 §43]another state; or 247.567 [1989 c.979 §4; 1993 c.741 §21; repealed by (d) If the elector has not responded to a 1993 c.713 §43]notice described in ORS 247.563 and has not 247.570 Notice of deaths to Secretaryvoted or updated a registration during the of State and county clerk; effect of no-period beginning on the date the notice is tice. (1) Not later than five business dayssent and ending on the day after the date of after receiving a certificate of death underthe second regular general election that oc- ORS 432.307, a county registrar designatedcurs after the date the notice was sent. under ORS 432.035 shall furnish to the (2) If the registration of an elector is county clerk of that county the name, age,canceled, the elector, in order to vote in an date of birth and residence address of theelection, must register as provided in this person for whom the registrar has receivedchapter. [1993 c.713 §24] the certificate of death. If the person was 247.560 [1963 c.346 §3; 1965 c.583 §2; 1971 c.241 §4; registered to vote in the county, the county1977 c.508 §3; 1979 c.190 §58; 1979 c.519 §10a; 1981 c.173 clerk immediately shall cancel the registra-§14; 1985 c.471 §5; repealed by 1993 c.713 §43] tion of the person. 247.563 Notice to elector whose regis- (2) Not later than five business days aftertration appears invalid; contents; effect receiving information from the county regis-of notice; exceptions. (1) Except as pro- trar under subsection (1) of this section, thevided in subsection (4) of this section and county clerk shall furnish the information toORS 247.555, whenever it appears to the the Secretary of State. The Secretary ofcounty clerk that an elector needs to update State shall furnish a copy of the appropriatethe elector′s registration or that the elector names received under this subsection to eachhas changed residence address to another county clerk. Each county clerk immediatelycounty, the county clerk shall mail a notice shall cancel the registrations of those per-to the elector. sons. (2) The notice shall be sent by (3) The Department of Human Services,forwardable mail and shall include a postage during the last week of each month, shallprepaid, preaddressed return card on which furnish to the Secretary of State a list of thethe elector may state the elector′s current name, age, date of birth, county of residenceresidence and mailing address. The notice and residence address of each resident of thisshall advise the elector that: state who has died during the preceding (a) The elector should return the card month and for whom a certificate of deathpromptly; was not filed with a county registrar. The Secretary of State shall furnish a copy of the (b) If the card is not returned by the 21st appropriate names to each county clerk.calendar day immediately preceding an Each county clerk immediately shall cancelelection, the elector may be required to registrations of those persons. [1963 c.346 §4;complete a new registration card in order to 1979 c.190 §60; 2003 c.596 §1]vote in an election; and 247.575 [1975 c.766 §2; repealed by 1979 c.190 §431] (c) The elector′s registration will be can- 247.580 County clerk to retain noticesceled if the elector neither votes nor updates or elector listings for two years. (1) Copiesthe registration before two general elections of all notices and other correspondence is-have been held. sued under ORS 247.195, 247.292, 247.296, (3) When the county clerk mails a notice 247.563 and 247.570 shall be retained by theunder this section, the registration of the county clerk for two years.elector shall be considered inactive until the (2) If the elector registration records ofelector updates the registration, the regis- a county are mechanically maintained, thetration is canceled or the clerk determines county clerk may satisfy the requirements ofTitle 23 Page 21 (2007 Edition)
  • 24. 247.940 ELECTIONSsubsection (1) of this section by maintaining party may make no more than two separatefor two years: requests under this subsection. (a) Computer listings of electors to whom (2) If the county clerk receives a requestthe clerk issued notices or any other corre- under subsection (1) of this section, the clerkspondence under ORS 247.195, 247.292, shall deliver the list not later than:247.296, 247.563 and 247.570 and facsimile (a) Ten days after receiving the request;copies of notices and correspondence; or or (b) Microfilm records of the listings and (b) The date requested, provided that thecopies. [1963 c.346 §5; 1975 c.766 §3; 1979 c.190 §61; 1981 date requested is more than 10 days after thec.173 §18; 1985 c.808 §8b; 1993 c.713 §26; 1999 c.410 §20] request was made and at least 10 days before 247.585 [1989 c.173 §4; repealed by 1993 c.713 §43] the date of any primary election, general 247.590 [Formerly 247.280; 1985 c.808 §8c; repealed election or special congressional election.by 1993 c.713 §43] 247.595 [1985 c.808 §8a; repealed by 1993 c.713 §43] (3) The county clerk may not charge for 247.600 [1975 c.766 §1; 1977 c.829 §5; 1979 c.190 §59; preparation or delivery of the list supplied1979 c.519 §11a; renumbered 247.565] under this section. [1979 c.190 §63; 1979 c.519 §13a; 1989 c.637 §1; 1991 c.107 §2; 1993 c.797 §21; 1995 c.712 §12; 247.610 [1963 c.595 §2 (247.610, 247.620, 247.630 to 1995 c.742 §8; 1999 c.999 §35; 2007 c.542 §16]247.650, 250.365 and 250.375 enacted in lieu of 247.251);repealed by 1975 c.766 §29] 247.945 List of county or statewide 247.620 [1963 c.595 §3 (247.610, 247.620, 247.630 to electors; delivery to any person; charges.247.650, 250.365 and 250.375 enacted in lieu of 247.251); (1) The county clerk, upon request before the1967 c.64 §1; repealed by 1975 c.766 §29] 45th day before a primary, general or special 247.625 [1967 c.64 §§3,4,5,6; repealed by 1975 c.766 election, shall deliver to any person a list of§29] electors. The list may not contain any infor- 247.630 [1963 c.595 §4 (247.610, 247.620, 247.630 to mation about participants in the Address247.650, 250.365 and 250.375 enacted in lieu of 247.251);repealed by 1967 c.64 §7] Confidentiality Program established under 247.640 [1963 c.595 §7 (247.610, 247.620, 247.630 to ORS 192.820 to 192.868. The lists shall be247.650, 250.365 and 250.375 enacted in lieu of 247.251); prepared in the manner requested, limitedrepealed by 1967 c.64 §7] only to the capabilities of the Secretary of 247.650 [1963 c.595 §8 (247.610, 247.620, 247.630 to State or the county clerk.247.650, 250.365 and 250.375 enacted in lieu of 247.251); (2) The county clerk shall collect and payrepealed by 1975 c.766 §29] into the county treasury a charge for the 247.905 [1969 c.421 §2; repealed by 1979 c.190 §431] actual cost of supplying lists under subsec- 247.910 [Formerly 247.510; 1971 c.241 §9; 1975 c.678 tion (1) of this section.§22; repealed by 1979 c.190 §431] 247.915 [1969 c.421 §§3,4,6; 1971 c.32 §1; 1975 c.779 (3) The county clerk shall keep a record§3; repealed by 1979 c.190 §431] of all persons to whom a list of electors is 247.920 [Formerly 247.520; repealed by 1969 c.421 delivered under this section.§11] (4) Upon request, the Secretary of State 247.925 [1969 c.421 §5; 1971 c.32 §2; repealed by 1979 shall deliver to any person a statewide listc.190 §431] of electors. The secretary shall charge a fee 247.935 [1969 c.421 §7; repealed by 1979 c.190 §431] of $500 for delivering a list under this sub- section. The list may not contain any infor- LISTS OF ELECTORS mation about participants in the Address 247.940 List of active electors; delivery Confidentiality Program established underwithout charge to political parties. (1) Not ORS 192.820 to 192.868. [1969 c.421 §§8,9; 1979 c.190 §64; 1989 c.637 §2; 1995 c.712 §13; 1999 c.999 §36;later than the 21st day before any primary 2007 c.542 §17; 2007 c.570 §7a]election, general election or special congres-sional election, a major political party quali- 247.955 Use of lists of electors forfied under ORS 248.006 or its affiliate within commercial purposes prohibited; excep-the county or a minor political party quali- tions. (1) Except as provided in subsectionfied under ORS 248.008 may request from the (2) of this section, no person to whom a listcounty clerk a list of active electors, as de- of electors is made available or supplied un-scribed in ORS 247.013, of the county. Except der ORS 247.940 or 247.945 shall use any in-as provided in this section, the list shall formation in the list for commercialcontain the name, party affiliation, residence purposes.or mailing address and precinct name or (2) A person shall not be considered tonumber of each active elector and shall be use for commercial purposes any informationarranged in groups by election precinct. The contained in a list of electors made availablelist may not contain any information about or supplied under ORS 247.940 or 247.945 ifparticipants in the Address Confidentiality the person obtains the list of electors for theProgram established under ORS 192.820 to purposes of resale to candidates or political192.868. A major political party or its affil- committees for political purposes only. [1969iate within the county or a minor political c.421 §10; 1979 c.190 §65; 1989 c.637 §3]Title 23 Page 22 (2007 Edition)
  • 25. QUALIFICATION AND REGISTRATION OF ELECTORS 247.973 DISCLOSURE OF RESIDENCE have the burden of showing the disclosure ADDRESS OR SIGNATURE would not constitute an unreasonable inva- OF ELECTORS sion of privacy. 247.965 When residence address of (3) The county clerk may not disclose theelector exempt from disclosure as public actual address, as defined in ORS 192.820, ofrecord; request for exemption. (1) Any an Address Confidentiality Program partic-elector may request the county clerk to keep ipant under ORS 192.820 to 192.868. [1993 c.616the residence address of the elector exempt §3; 2007 c.542 §13]from disclosure as a public record under ORS 247.969 Definition of “personal safety”192.410 to 192.505. for purposes of ORS 247.965; rules. (1) The (2) The county clerk shall keep the resi- Secretary of State by rule shall define whendence address of an elector exempt from dis- the “personal safety” of an elector and theclosure as a public record under ORS 192.410 safety of any family member residing withto 192.505 if the elector making the request the elector is in danger under ORS 247.965.demonstrates to the satisfaction of the Under the definitions, the elector′s personalcounty clerk that the elector′s personal safety or the safety of any family membersafety or the safety of any family member residing with the elector shall be consideredresiding with the elector is in danger if the in danger if the elector provides evidenceelector′s address remains available for public that the elector or any family member resid-inspection. ing with the elector has: (3) The county clerk shall automatically (a) Been a victim of domestic violence;mail a ballot to an elector whose residence (b) Obtained orders issued under ORSaddress is exempt from disclosure under this 133.055;section. (c) Contacted a law enforcement officer (4) An exemption from disclosure granted involving domestic violence or other physicalunder this section shall remain in effect until abuse;the elector requests termination of the ex-emption or the elector is required to update (d) Obtained a temporary restraining orthe elector′s registration. If the elector is other no contact order to protect the personrequired to update the elector′s registration, from future physical harm; orthe elector may apply for another exemption (e) Filed other criminal or civil legalfrom disclosure. proceedings regarding physical protection. (5) An exemption from disclosure granted (2) A rule adopted by the Secretary ofunder this section includes an exemption State under subsection (1) of this sectionfrom disclosure of the residence address of may list other examples of evidence that thean elector under ORS 247.940 or 247.945. elector′s personal safety or the safety of any (6) A county clerk shall not be held liable family member residing with the elector is infor: danger. The other examples shall be similar (a) Granting or denying an exemption in nature to the evidence described in sub-from disclosure under this section; or section (1) of this section. [1993 c.616 §7] 247.971 [1993 c.787 §7; repealed by 1995 c.607 §91] (b) Any unauthorized release of a resi-dence address granted an exemption from 247.973 Status of signature on voterdisclosure under this section. [1993 c.616 §2; 1995 registration card as public record; copiesc.742 §9; 1999 c.410 §21] of signature prohibited; voter registra- 247.967 Conditions where disclosure of tion documents or information exemptelector′s residence address required; pro- from disclosure. (1) Subject to subsectioncedure; exception. Notwithstanding any (2) of this section, an individual′s signatureprovision of ORS 192.410 to 192.505: submitted under this chapter for purposes of registering to vote is subject to inspection as (1) Except as provided in subsection (3) a public record under ORS 192.410 to 192.505.of this section, the county clerk may disclose The signature may be inspected in the officethe residence address of an elector exempt of the county clerk.from public disclosure under ORS 247.965 ifthe county clerk receives a court order or a (2) A person may not make a copy of orrequest from any law enforcement agency to provide to another person a copy of an indi-disclose the address. vidual′s signature submitted under this chapter for purposes of registering to vote. (2) A petition may be filed with the cir-cuit court of the county in which the admin- (3) Subsection (2) of this section does notistrative offices of the county clerk are apply to copies made by any elections officiallocated requesting disclosure of the residence acting in an official capacity for purposes ofaddress of any elector exempt from disclo- administering the provisions of ORS chapterssure under ORS 247.965. The petitioner shall 246 to 260 or any rules adopted thereunder.Title 23 Page 23 (2007 Edition)
  • 26. 247.973 ELECTIONS (4) Identifying information or documents tions official is exempt from disclosure undersubmitted by an individual for purposes of ORS 192.410 to 192.505. [1999 c.824 §4; 2003 c.803registering to vote as required under the §15; 2007 c.156 §1]Help America Vote Act of 2002 (P.L. 107-252) 247.990 [Amended by 1955 c.695 §4; repealed by 1957are exempt from disclosure under ORS c.608 §231]192.410 to 192.505. 247.991 [1957 c.608 §48; 1961 c.114 §9; 1975 c.678 §23; 1979 c.190 §66; 1985 c.808 §9; 1985 c.833 §5; 1987 c.719 §13; (5) Identifying information relating to a 1987 c.733 §6; 1995 c.742 §10; repealed by 1999 c.318 §55]disability of an elector that is entered intoofficial voter registration records by an elec-Title 23 Page 24 (2007 Edition)
  • 27. Chapter 248 2007 EDITION Political Parties; Presidential Electors GENERAL PROVISIONS 248.026 Selection of precinct committeeperson to248.002 Definitions fill vacancy; effective date of selection; term; powers248.004 Powers of political parties; liability of political parties and of officers, employees 248.027 Committeeperson to continue on central and members of political parties committee despite change in precinct 248.029 Recall procedure248.005 Parties to insure widest and fairest repre- sentation of members COUNTY CENTRAL COMMITTEE248.006 Qualification and maintenance of status as major political party; loss of status as 248.031 Precinct committeepersons as county major political party; calculation of num- central committee; status and functions ber of party members of committee248.007 Organization of major political parties; 248.033 Organizational meeting; notice applicability of ORS 248.012 to 248.315; 248.035 Transfer of property; election of officers; election of precinct committeepersons; notice of election; eligibility to vote notice to Secretary of State; use of pri- 248.043 Procedure if meeting not called; filling mary election vacancies when no precinct committee-248.008 Qualification as minor political party; person elected; term of appointee; notice party member registration requirement; to county clerk eligibility to nominate candidates; main- 248.045 Proxies prohibited; bylaws or rules; exec- tenance of status as minor political party; utive committee functions; voting privi- loss of status as minor party leges248.009 Process for nominating candidates by mi- nor political party; notice to filing officer; STATE CENTRAL COMMITTEE notice of nominating convention 248.072 Authority of state central committee248.010 Use of party name 248.075 State central committee; organizational248.011 Enforcement of ORS 248.005 or political meeting; notice party rules 248.085 Transfer of property; election of officers; bylaws or rules; executive committee248.012 Notice of committee meetings required functions PRECINCT COMMITTEEPERSONS DELEGATES TO NATIONAL248.015 Precinct committeepersons; qualifications; CONVENTIONS election; vote required; term 248.315 Selection of delegates to national conven-248.017 Candidacy for office of precinct commit- tion teeperson by person who attains age of 18 years after deadline for filing declaration PRESIDENTIAL ELECTORS of candidacy 248.355 Selection of presidential electors; candi- date′s pledge248.023 Certificates of election; acceptance of of- fice; list of precinct committeepersons; 248.360 Election time and number of presidential offices declared vacant when no commit- electors to be elected; names of presiden- teeperson elected tial electors not printed on ballot248.024 Resignation or ineligibility of precinct 248.370 Convening of electors; vacancies; duties committeeperson 248.380 Electors′ mileage expensesTitle 23 Page 25 (2007 Edition)
  • 28. ELECTIONSTitle 23 Page 26 (2007 Edition)
  • 29. POLITICAL PARTIES; PRESIDENTIAL ELECTORS 248.006 GENERAL PROVISIONS Rules shall be adopted by procedures that assure the fair and open participation of all 248.002 Definitions. As used in this interested party members. [1975 c.779 §1; 1979chapter: c.190 §68] (1) “Committee office” means chairper- 248.006 Qualification and maintenanceson, vice chairperson or other office the of status as major political party; loss ofcounty or state central committee of a poli- status as major political party; calcu-tical party creates to govern the business of lation of number of party members. (1)the committee. An affiliation of electors becomes a major (2) “County clerk” means the county political party in this state and is qualifiedclerk or the county official in charge of to make nominations at a primary electionelections. when a number of electors equal to at least (3) “Elector” means an individual quali- five percent of the number of electors regis-fied to vote under section 2, Article II, Ore- tered in this state are registered as membersgon Constitution. of the party not later than the 275th day be- fore the date of a primary election. An affil- (4) “Member” means an individual who iation of electors satisfying the requirementsis registered as being affiliated with the pol- of this subsection shall be subject to theitical party. [1979 c.190 §67] provisions of ORS 248.007 on the date the 248.004 Powers of political parties; li- Secretary of State determines the registra-ability of political parties and of officers, tion requirements are satisfied.employees and members of political par- (2) The number of electors described inties. (1) A minor political party or a major subsection (1) of this section shall be calcu-political party shall have all the powers lated based on the number of electors regis-granted to a nonprofit corporation under tered in this state and eligible to vote, asORS 65.077. reported on the official abstracts of the (2) A major or minor political party shall election, at the general election immediatelybe treated for purposes of contractual, tort preceding the deadline specified in subsec-or other liability as a nonprofit corporation. tion (1) of this section. (3) Officers and employees of a major or (3) After an affiliation of electors be-minor political party, including officers and comes a major political party under subsec-employees of local subdivisions of the parties, tion (1) of this section, in order to maintainshall be treated as officers and employees of status as a major political party subject tononprofit corporations for liability for all ORS 248.007, the party must satisfy the reg-matters relating to the political party. istration requirement of subsection (1) of this (4) Any member of a governing body of a section not later than the 275th day beforemajor or minor political party, including lo- each primary election.cal subdivisions of the parties, shall be (4) An affiliation of electors ceases to betreated as directors of nonprofit corporations a major political party if the registration re-for liability for all matters relating to the quirements of subsection (1) of this sectionpolitical party. If the bylaws of a party des- are not satisfied by the 275th day before eachignate a central committee, such as a state, primary election. The affiliation of electorscounty or congressional district central com- ceases to be a major political party on themittee, as the governing body of the party, date the Secretary of State determines thatthen the members of the central committee the registration requirement is not satisfied.shall be directors of the party for purposes (5) When an affiliation of electors has notof this section. satisfied the registration requirement of sub- (5) Notwithstanding ORS 65.157, credi- section (1) of this section for the first time,tors of a major or minor political party may at the request of a representative of the af-not proceed against members of the political filiation of electors, the Secretary of Stateparties for liabilities members owe to the shall determine not less than once eachparties arising from their party membership. month whether at least five percent of the (6) This section does not affect the li- number of eligible electors registered in thisability of political committee directors, state are registered as members of the party.treasurers and candidates as provided in ORS After an affiliation of electors has qualifiedchapter 260. [1993 c.797 §5] as a major political party, the Secretary of State shall determine on the 274th day before 248.005 Parties to insure widest and each primary election whether the majorfairest representation of members. Each political party has satisfied the registrationpolitical party by rule shall insure the widest requirements described in subsection (3) ofand fairest representation of party members this section. [1979 c.190 §69; 1993 c.797 §1; 1995 c.712in the party organization and activities. §14; 2001 c.721 §1]Title 23 Page 27 (2007 Edition)
  • 30. 248.007 ELECTIONS 248.007 Organization of major political (6) In each even-numbered year, a majorparties; applicability of ORS 248.012 to political party shall file with the Secretary248.315; election of precinct committee- of State a statement indicating that the partypersons; notice to Secretary of State; use is operating subject to ORS 248.012 toof primary election. (1) Subject to ORS 248.315 or a copy of current organizational248.005, a major political party may organize documents setting forth the manner in whichand select delegates to national party con- its officers and managing committees are se-ventions in any manner. lected or any other manner in which it con- (2) The provisions of ORS 248.012 to ducts its affairs. Material described in this248.315 do not apply to a major political subsection shall be filed on the 274th dayparty if the party has notified the Secretary before the third Tuesday in May of eachof State as provided in subsection (5) of this odd-numbered year.section that the party does not intend to be (7) A major political party subject to thesubject to the provisions of ORS 248.012 to provisions of this section shall nominate248.315. References to precinct committee- candidates of the major political party, forpersons in any provisions of ORS chapters other than political party office, at the pri-246 to 260 do not apply to a party described mary election. [1993 c.797 §3; 1995 c.712 §15]in this subsection. 248.008 Qualification as minor political (3) ORS 248.012 to 248.315 apply only to party; party member registration re-a major political party that has notified the quirement; eligibility to nominate candi-Secretary of State as provided in subsection dates; maintenance of status as minor(5) of this section that the political party in- political party; loss of status as minortends to be subject to the provisions of ORS party. (1) An affiliation of electors becomes248.012 to 248.315. References to precinct a minor political party in the state, a countycommitteepersons in any provisions of ORS or other electoral district, qualified to makechapters 246 to 260 shall apply to a party nominations for public office in that electoraldescribed in this subsection. If a major poli- district and in any other electoral districttical party fails to notify the Secretary of wholly contained within the electoral dis-State under this subsection, the party shall trict, when either of the following events oc-be considered subject to the provisions of curs:ORS 248.012 to 248.315. (a) When the affiliation of electors has (4) A major political party shall notify filed with the Secretary of State a petitionthe Secretary of State as provided in subsec- with the signatures of at least a number oftion (5) of this section if the party does not electors equal to one and one-half percent ofintend to be subject to the provisions of ORS the total votes cast in the electoral district248.012 to 248.315 except that the party in- for all candidates for Governor at the mosttends to elect precinct committeepersons. If recent election at which a candidate fora party notifies the Secretary of State under Governor was elected to a full term. The pe-this subsection, the party shall elect precinct tition also shall state the intention to formcommitteepersons only as provided in ORS a new political party and give the desig-248.015 and shall elect precinct committee- nation of it. The filed petition shall contain only original signatures. The petition shallpersons in the same manner in all precincts be filed not later than two years followingin this state. the date the prospective petition is filed. The (5) Not later than the 274th day before circulator shall certify on each signaturethe date of the primary election, a major sheet that the circulator witnessed the sign-political party shall notify the Secretary of ing of the signature sheet by each individualState in writing whether or not the party whose signature appears on the signatureintends to be subject to the provisions of sheet and that the circulator believes eachORS 248.012 to 248.315 or whether the party individual is an elector registered in theintends to elect precinct committeepersons electoral district. The Secretary of Stateunder subsection (4) of this section. If the shall verify whether the petition contains themajor political party does not intend to be required number of signatures of electors.subject to the provisions of ORS 248.012 to The petition shall not be accepted for filing248.315 or intends to elect precinct commit- if it contains less than 100 percent of theteepersons under subsection (4) of this sec- required number of signatures. The Secretarytion, the party shall file with the Secretary of State by rule shall designate a statisticalof State, at the same time notice is given sampling technique to verify whether a peti-under this subsection, a copy of its organiza- tion contains the required number of signa-tional documents setting forth the manner in tures of electors. A petition shall not bewhich its officers and managing committees rejected for the reason that it contains lessare selected or any other manner in which than the required number of signatures un-it conducts its affairs. less two separate sampling processes bothTitle 23 Page 28 (2007 Edition)
  • 31. POLITICAL PARTIES; PRESIDENTIAL ELECTORS 248.008establish that the petition lacks the required the minor political party has satisfied thenumber of signatures. The second sampling registration requirement of subsection (2) ofmust contain a larger number of signatures this section.than the first sampling. The Secretary of (4) After a minor political party qualifiesState may employ professional assistance to to nominate candidates, in order to maintaindetermine the sampling technique. The sta- status as a minor political party:tistical sampling technique may be the sameas that adopted under ORS 250.105. Before (a) A candidate or candidates of the partycirculating the petition, the chief sponsor of must poll a number of votes described inthe petition shall file with the Secretary of subsection (1)(b) of this section at each sub-State a signed copy of the prospective peti- sequent general election and following eachtion. The chief sponsor shall include with the general election, the registration require-prospective petition a statement declaring ment of subsection (2) of this section mustwhether one or more persons will be paid be satisfied; ormoney or other valuable consideration for (b) Following each general election, atobtaining signatures of electors on the peti- any time during the period beginning on thetion. After the prospective petition is filed, date of the next primary election and endingthe chief sponsor shall notify the filing offi- on the 90th day before the next generalcer not later than the 10th day after the election, a number of electors equal to atchief sponsor first has knowledge or should least one-half of one percent of the totalhave had knowledge that: number of registered electors in this state (A) Any person is being paid for obtain- must be registered as members of the party.ing signatures, when the statement included (5) An affiliation of electors ceases to bewith the prospective petition declared that a minor political party in the state or elec-no such person would be paid. toral district if: (B) No person is being paid for obtaining (a) The registration requirement of sub-signatures, when the statement included with section (2) or (4)(b) of this section is not sat-the prospective petition declared that one or isfied. The affiliation of electors ceases to bemore such persons would be paid. a minor political party on the date of the (b) When the affiliation of electors has deadline for satisfying the registration re-polled for any one of its candidates for any quirement; orpublic office in the electoral district at least (b) Except as provided in subsection (4)(b)one percent of the total votes cast in the of this section, in the case of a minor poli-electoral district for all candidates for: tical party qualified to nominate candidates, (A) Presidential elector at the last gen- a candidate or candidates of the minor poli-eral election at which candidates for Presi- tical party do not satisfy the one percent re-dent and Vice President of the United States quirement specified in subsection (1)(b) ofwere listed on the ballot; or this section at the next general election. The (B) Any single state office to be voted affiliation of electors ceases to be a minorupon in the state at large for which nomi- political party on the date of the election.nations by political parties are permitted by (6) During the period beginning on thelaw at the most recent election at which a date of the primary election and ending oncandidate for the office was elected to a full the 90th day before the date of the generalterm. election, the Secretary of State shall deter- (2) After satisfying either requirement of mine not less than once each month whethersubsection (1) of this section, the minor poli- the registration requirement of subsection (2)tical party may nominate candidates at the or (4)(b) of this section has been satisfied. Ifnext general election if at any time during the party changes its name, only those elec-the period beginning on the date of the next tors who register on or after the effectiveprimary election and ending on the 90th day date of the name change as members of thebefore the next general election, a number party under the new party name shall beof electors equal to at least one-tenth of one counted as members of the party under thispercent of the total votes cast in the state subsection.or electoral district for all candidates for (7) An affiliation of electors or a minorGovernor at the most recent election at political party may not satisfy the one per-which a candidate for Governor was elected cent requirement referred to in subsectionto a full term are registered as members of (1)(b) of this section by nominating a candi-the party. date who is the nominee of another political (3) A filing officer shall not accept a party at the same election. [1979 c.190 §70; 1983 c.756 §5; 1989 c.68 §1; 1989 c.923 §27; 1993 c.797 §§2,2a;certificate of nomination of a candidate 1995 c.606 §3; 1995 c.712 §16; 1997 c.287 §1; 1999 c.318 §23;nominated by a minor political party unless 2001 c.331 §1; 2001 c.721 §3; 2007 c.848 §22]Title 23 Page 29 (2007 Edition)
  • 32. 248.009 ELECTIONS 248.009 Process for nominating candi- 248.005 or any other rule adopted by a poli-dates by minor political party; notice to tical party. [1995 c.606 §2]filing officer; notice of nominating con-vention. (1) A minor political party shall file 248.012 Notice of committee meetingswith the filing officer a copy of its organiza- required. The chairperson of a county cen-tional documents establishing its process for tral committee or state central committeenominating candidates for public office. The shall notify by mail the entire membershiporganizational documents shall be filed not of the committee not later than the sixth daylater than 30 days after they are adopted. before the date of an anticipated meeting.The nominating process for candidates for Except for the notice of an organizationalelection at the general election shall provide meeting of a county central committee, fail-an equal opportunity to all registered mem- ure to give timely notice of the time, datebers of the party within the electoral district and place of a meeting shall invalidate theto participate in the process of making nom- business of the meeting. [Formerly 248.100]inations or selecting the delegates who willmake the nominations. A minor political PRECINCT COMMITTEEPERSONSparty shall file copies of any changes to itsorganizational documents relating to nomi- 248.015 Precinct committeepersons;nation of candidates for public office not qualifications; election; vote required;later than 30 days after the date any changes term. (1) A precinct committeeperson shallwere made. The minor political party shall be a representative of the major politicalnominate candidates for public office only in party in the precinct. At the primary electionaccordance with the procedures set forth in a major political party shall elect from itsits organizational documents. members a committeeperson of each sex for every 500 electors, or major fraction thereof, (2) A minor political party shall file with who are registered in the precinct on Janu-the filing officer a list of any officers se- ary 31 of the year of the primary election. Inlected by the party. The list shall be filed not any event the political party members of alater than 10 days after any selection is precinct shall be entitled to elect not lessmade. A minor political party shall file than one committeeperson of each sex in thecopies of any changes to the list of officers precinct. No person shall hold office as com-not later than 10 days after the date any mitteeperson in more than one precinct.changes were made. (2) A member of a major political party (3) Not later than the 10th day before may become a candidate for precinct com-any nominating convention of a minor poli- mitteeperson of the precinct in which thetical party, notice shall be published at least person is registered, or of a precinct withinonce in not fewer than three newspapers of the same county adjoining that precinct, bygeneral circulation within the electoral dis- filing a declaration of candidacy described intrict for which the nomination will be made. ORS 249.031, except as provided in subsec-If there are fewer than three newspapers of tion (3) of this section.general circulation within the electoral dis-trict, notice shall be published at least once (3) ORS 249.031 (1)(i) shall not apply toin one newspaper of general circulation declarations of candidacy for candidates forwithin the electoral district for which the precinct committeeperson.nomination will be made and other public (4) A member of the major political partynotice shall be given that is reasonably cal- who has been a member of that party for 180culated to assure that party members in the days before the primary election may beelectoral district receive notice of the con- elected by write-in votes as precinct commit-vention. The notice shall contain the time teeperson of the precinct in which the mem-and place of the convention, and the office ber is registered, or of a precinct within theor offices for which nominations will be same county adjoining that precinct.made. [1993 c.797 §4; 1995 c.606 §4] (5) Unless a qualified person receives at 248.010 Use of party name. Each major least three votes, no person shall be deemedpolitical party and minor political party, its to have been elected as precinct committee-nominated candidates and its members and person and the office of committeepersonofficers shall have the exclusive right to use shall be vacant.the whole party name or any part of it. (6) The term of office of a precinct com-[Amended by 1957 c.608 §49; 1965 c.407 §1; 1975 c.779 §4; mitteeperson is from the 24th day after the1979 c.190 §71; 1983 c.514 §5] date of the primary election until the 24th 248.011 Enforcement of ORS 248.005 or day after the date of the next following pri-political party rules. Except as expressly mary election.required by law, the Secretary of State, a (7) A precinct committeeperson shall notcounty clerk or any other elections official be considered a public officer. [1965 c.407 §§3,shall not enforce the provisions of ORS 7; subsection (6) enacted as 1967 c.540 §3 (3); 1969 c.282Title 23 Page 30 (2007 Edition)
  • 33. POLITICAL PARTIES; PRESIDENTIAL ELECTORS 248.027§1; 1977 c.199 §1; 1977 c.644 §1; 1979 c.190 §73; 1981 c.862 (c) Notify the appropriate county central§1; 1991 c.87 §1; 1991 c.107 §3; 1995 c.712 §17] committee. 248.017 Candidacy for office of pre- (2) When a precinct committeepersoncinct committeeperson by person who ceases to be registered in the precinct inattains age of 18 years after deadline for which the committeeperson was elected or afiling declaration of candidacy. Notwith- precinct adjoining that precinct within thestanding any provision of ORS 248.015, an same county, changes political party regis-otherwise qualified person who will attain tration or dies, the county central committeethe age of 18 years after the deadline for fil- shall notify the county clerk of the fact.ing a declaration of candidacy for the office Upon receipt of this notification, if theof precinct committeeperson and on or before county clerk determines that the notificationthe date of the primary election, and who is is correct, the clerk shall:registered as a member of the major politicalparty not later than the date of the primary (a) Remove the name of the person fromelection, is eligible to file a nominating peti- the list of committeepersons.tion for the office of precinct committeeper- (b) Declare that office vacant. [Formerlyson, to be listed on the ballot and to be 248.047]elected to the office, including by write-in 248.025 [1965 c.407 §6; 1979 c.190 §79; renumberedvotes. [1993 c.583 §2; 1995 c.712 §18] 248.031] 248.018 [1973 c.827 §24b; repealed by 1979 c.190 §431] 248.026 Selection of precinct commit- 248.020 [Amended by 1957 c.608 §50; repealed by teeperson to fill vacancy; effective date1965 c.407 §18] of selection; term; powers. (1) The mem- 248.023 Certificates of election; ac- bers of a county central committee may se-ceptance of office; list of precinct com- lect a member of the major political partymitteepersons; offices declared vacant who is registered in the precinct in whichwhen no committeeperson elected. (1) Not the vacancy exists, or registered in a pre-later than the 20th day after a primary cinct within the same county adjoining thatelection, the county clerk shall mail a cer- precinct, to fill a vacancy in the office oftificate of election to each newly elected precinct committeeperson.precinct committeeperson within the county. (2) When a county central committeeThe clerk also shall mail an “Acceptance of votes to select a person to fill a vacancy inOffice” form to each person elected by the office of precinct committeeperson, thewrite-in votes to the office of committeeper- chairperson of the committee shall giveson. The form shall include a statement to written notice to the county clerk of thebe signed by the person elected that the per- proposed selection. The selection shall takeson is qualified to hold the office. effect when the county clerk upon timely (2) A person elected by write-in votes to verification of eligibility, places the name ofthe office of precinct committeeperson shall the person selected on the list of committee-be certified for the office by filing with the persons. The county clerk shall then sendcounty clerk, not later than the 27th day af- written notice of the selection to the personter the date of the primary election, a signed and the county central committee.“Acceptance of Office” form. (3) A person selected to fill a vacancy in (3) Not later than the 31st day after a the office of precinct committeeperson mayprimary election, the county clerk shall pre- be removed from office at the pleasure of thepare, maintain and furnish to the chairper- central committee, but, except as provided insons of the respective retiring county central subsection (4) of this section, otherwise shallcommittees within the county and the chair- hold the office for the unexpired term andpersons of the state central committees, a shall have the powers, duties and privilegeslist of the party precinct committeepersons of an elected committeeperson.elected and certified. At the same time the (4) A person selected to fill a vacancy incounty clerk shall declare the other offices the office of precinct committeeperson mayof committeeperson vacant. [1965 c.407 §§4,5; 1975 not vote on the election of county centralc.779 §5; 1977 c.644 §2; 1979 c.190 §74; 1987 c.267 §10; 1995c.607 §75; 1995 c.712 §19] committee officers at the organizational meeting of the committee as provided in ORS 248.024 Resignation or ineligibility of 248.035. A person selected to fill a vacancyprecinct committeeperson. (1) A precinct in the office of precinct committeepersoncommitteeperson may resign from the office may vote to fill any vacancy in a committeeby filing a written notification of resignation office after the organizational meeting.with the county clerk. Upon receipt of this [Formerly 248.055; 1987 c.620 §1; 2005 c.506 §3]notification, the county clerk shall: 248.027 Committeeperson to continue (a) Remove the name of the person from on central committee despite change inthe list of committeepersons. precinct. A precinct committeeperson who (b) Declare that office vacant. represents a precinct which is subsequentlyTitle 23 Page 31 (2007 Edition)
  • 34. 248.029 ELECTIONScombined, consolidated or abolished shall (2) The retiring county central committeecontinue to be a member of the county cen- shall prepare a written notice designatingtral committee until the end of that commit- the time, date and place of the meeting andteeperson′s regular term of office. [Formerly file a copy of the notice with the county248.057] clerk not later than the 40th day before the 248.029 Recall procedure. (1) Except as date of the meeting. The retiring countyprovided in this section, the provisions for central committee also shall mail a copy ofrecall of a public officer under ORS 249.002 the notice to the state central committee.to 249.013 and 249.865 to 249.877, apply to a (3) Upon request of a county centralrecall election of a precinct committeeper- committee, the county clerk shall provide theson. county central committee, without charge, a (2) A precinct committeeperson may be list of the names, addresses and other con-recalled by a petition signed by the number tact information, including electronic mailof party members equal to not less than 25 addresses or telephone numbers, of personspercent of the number of party members who holding the office of precinct committeeper-voted in the precinct as it existed at the son for that major political party on the datepreceding primary election. The petitioners the clerk receives notice of an organizationalshall state in not more than 200 words on meeting under subsection (2) of this section.the recall petition the reasons for the recall. (4) The chairperson of the retiring countyIf the committeeperson resigns, the resigna- central committee shall mail a copy of thetion shall take effect on the date of the res- notice of the time, date and place of theignation. If the committeeperson does not meeting, not later than the 10th day beforeresign before the fifth day after the petition the meeting, to each member of the countyis filed with the county clerk, a special central committee. If permitted by the bylawselection shall be ordered by the county clerk of the county central committee, the countyto be held not later than the 25th day after central committee may notify members bythe petition is filed to determine whether the means other than by mail. [1965 c.407 §8; 1975committeeperson will be recalled. The recall c.779 §6; 1977 c.644 §3; 1979 c.190 §80; 1981 c.862 §2; 1987election shall be held in the precinct as it c.267 §12; 1995 c.712 §21; 2005 c.506 §1]existed when the committeeperson was 248.035 Transfer of property; electionelected. On the ballot shall be printed the of officers; notice of election; eligibilityreasons for the recall stated in the recall to vote. (1) At the organizational meeting ofpetition, and, in not more than 200 words, a county central committee:the committeeperson′s justification of thecommitteeperson′s actions in office. The (a) The officers of the retiring countycommitteeperson shall continue to perform central committee shall make available toduties of the office until the result of the the committee the property, records andspecial election is declared. funds owned or controlled by the retiring committee. (3) The cost of the election shall be paidby the county central committee of the party (b) The committee next shall elect aof the committeeperson. [Formerly 248.053; 1981 chairperson, vice chairperson and other offi-c.173 §19; 1987 c.267 §11; 1995 c.712 §20] cers the committee considers necessary. The 248.030 [Amended by 1957 c.608 §51; repealed by persons elected to the offices need not be1965 c.407 §18] members of the county central committee. The committee shall determine the term of each office. Only a newly elected precinct COUNTY CENTRAL COMMITTEE committeeperson may vote on the election of 248.031 Precinct committeepersons as committee officers.county central committee; status and (2) The elected chairperson, within 48functions of committee. The precinct com- hours of the chairperson′s election, shallmitteepersons of the county shall constitute send a list of the officers of the committeethe county central committee of their party. to the county clerk and to the state centralThe county central committee of each major committee.political party is the highest party authority (3) Only a newly elected precinct com-in county party matters and may adopt rules mitteeperson or a person appointed or se-or resolutions for any matter of party gov- lected to fill a vacancy in the office ofernment within the county which is not con- committeeperson may vote to fill a vacancytrolled by the laws of this state. [Formerly in a committee office. Immediately before a248.025] meeting of the county central committee at 248.033 Organizational meeting; no- which there may be an election to fill a va-tice. (1) The organizational meeting of a cancy in a committee office, the chairpersoncounty central committee shall be held no shall obtain from the county clerk a list ofless frequently than every 25 months. committee members. The list shall determineTitle 23 Page 32 (2007 Edition)
  • 35. POLITICAL PARTIES; PRESIDENTIAL ELECTORS 248.075the eligibility of a committeeperson to vote (a) Person who holds a public office orto fill a vacancy in a committee office. [1965 an office of a political party.c.407 §9 (1), (2), (3), (4); 1973 c.773 §5; 1975 c.779 §7; 1979c.190 §81; 2005 c.506 §4] (b) Person who has been nominated for a 248.040 [Repealed by 1965 c.407 §18] public office at the preceding primary election. 248.043 Procedure if meeting not (c) Member of the executive committeecalled; filling vacancies when no precinct of the county central committee. [1965 c.407committeeperson elected; term of ap- §10; 1979 c.190 §83; 1987 c.267 §13; 1995 c.712 §22]pointee; notice to county clerk. If a newly 248.047 [1965 c.407 §11; 1967 c.540 §1; 1975 c.779 §8;elected county central committee fails to 1979 c.190 §75; renumbered 248.024]meet or to organize or if no person within a 248.049 [1967 c.540 §3 (1), (2); repealed by 1979 c.190county is elected by a major political party §431]as a precinct committeeperson, the chairper- 248.050 [Repealed by 1965 c.407 §18]son of the retiring state central committee 248.053 [1967 c.540 §4; 1979 c.190 §78; renumberedshall appoint a temporary chairperson of the 248.029]county central committee. The temporary 248.055 [1965 c.407 §12; 1967 c.540 §2; 1975 c.779 §9;chairperson shall call an organizational 1979 c.190 §76; renumbered 248.026]meeting and organize the committee as pro- 248.057 [1967 c.124 §2; 1979 c.190 §77; renumberedvided by applicable provisions of ORS 248.033 248.027]and 248.035. A temporary chairperson ap- 248.060 [Amended by 1957 c.608 §52; repealed bypointed when no precinct committeeperson is 1965 c.407 §18]elected may appoint members to fill the va- 248.070 [Amended by 1957 c.608 §53; 1961 c.94 §1;cancies in the office of committeeperson for repealed by 1965 c.407 §18]the precinct in which the persons are regis- 248.071 [1965 s.s. c.1 §3 (enacted as 248.070); re-tered. A person so appointed may be removed pealed by 1967 c.227 §1]from office at the pleasure of the centralcommittee, but otherwise shall hold the of- STATE CENTRAL COMMITTEEfice of committeeperson for the unexpired 248.072 Authority of state centralterm and shall have the powers, duties and committee. The state central committee isprivileges of a committeeperson. When a the highest party authority in the state andperson is appointed to the office of commit- may adopt rules or resolutions for any mat-teeperson pursuant to this subsection, the ter of party government which is not con-temporary chairperson shall notify, in writ- trolled by the laws of this state. [1979 c.190 §84]ing, the county clerk of the appointment. Thecounty clerk shall place the name of the 248.075 State central committee; or-person appointed on the list of committee- ganizational meeting; notice. (1) The statepersons. [1965 c.407 §9 (5), (6); 1979 c.190 §82] central committee shall consist of at least two delegates from each county central com- 248.045 Proxies prohibited; bylaws or mittee and other delegates from each countyrules; executive committee functions; equal to the number of party members in thevoting privileges. Proxies in no instance county registered on the date of the primaryshall be permitted to participate at any election divided by 15,000. If the remainingcounty central committee meeting. At any number exceeds 7,500, one additional dele-meeting of the county central committee, the gate shall represent the county. The deleg-committee may: ates and an equal number of alternate (1) Adopt, amend or repeal bylaws or delegates shall be selected by the countyrules for the government of the political central committee. When a delegate of aparty in the county. county central committee is unable to attend (2) By the adoption of bylaws or of a a meeting of the state central committee, anresolution, select an executive committee alternate delegate of the county centraland authorize the executive committee to committee may attend the meeting.exercise those powers delegated to it by the (2) The organizational meeting of a newlycentral committee including, but not limited elected state central committee shall be heldto, the power to fill a vacancy in the office on a date to be determined by party rule. Theof committeeperson pursuant to ORS 248.026. retiring state central committee shall mailIn no event may the central committee dele- notice of the meeting, not later than thegate, or the executive committee exercise, sixth day before the meeting, to each memberthe power to elect a person to, or fill a va- of the newly elected state central committee.cancy in a committee office. The persons se- If permitted by the bylaws of the state cen-lected as the executive committee need not tral committee, the state central committeebe members of the county central committee. may notify members by means other than by (3) Except as provided by ORS 248.035 mail.(3), grant participation and voting privileges (3) The chairperson of the retiring stateto a: central committee shall mail a notice of theTitle 23 Page 33 (2007 Edition)
  • 36. 248.085 ELECTIONSmeeting to the county central committees 248.090 [Amended by 1957 c.608 §55; 1965 s.s. c.1 §4;not later than the 45th day before the meet- 1971 c.627 §1; repealed by 1975 c.779 §28]ing. The state central committee may not re- 248.095 [1989 c.986 §4; repealed by 1993 c.797 §33]organize without the mailing of this 248.100 [Amended by 1965 c.407 §15; 1975 c.779 §12;notification. 1979 c.190 §71; renumbered 248.012] 248.110 [Repealed by 1957 c.608 §231] (4) If a county central committee fails toorganize before the organizational meeting 248.120 [Repealed by 1957 c.608 §231]of the state central committee, the appointed 248.130 [Repealed by 1957 c.608 §231]temporary chairperson of the county central 248.140 [Repealed by 1957 c.608 §231]committee may act as the sole delegate from 248.150 [Amended by 1957 c.608 §56; 1965 c.320 §1;that committee to the state central commit- repealed by 1967 c.227 §1]tee. 248.160 [Amended by 1957 c.608 §57; 1975 c.779 §12a; 1979 c.190 §87; repealed by 1983 c.567 §22] (5) If the retiring state central committeedoes not mail notice of the organizational 248.170 [1973 c.773 §8; repealed by 1975 c.779 §28]meeting under subsection (2) of this section, 248.175 [1973 c.773 §9; renumbered 171.062]the meeting may be called by a petition 248.180 [1973 c.773 §10; renumbered 171.064]signed by at least 19 chairpersons of the 248.210 [1961 c.667 §2; 1965 c.407 §16; repealed bycounty central committees. The petition shall 1975 c.779 §28]state the time, date and place of the organ- 248.220 [1961 c.667 §3; repealed by 1975 c.779 §28]izational meeting. A copy of the petition 248.310 [Amended by 1957 c.608 §58; 1975 c.779 §13;shall be mailed to each newly elected chair- repealed by 1979 c.190 §431]person and vice chairperson of the countycentral committees not later than the sixth DELEGATES TO NATIONALday before the meeting. A copy of the peti- CONVENTIONStion shall be filed with the Secretary ofState. [1965 c.407 §13; 1975 c.779 §10; 1979 c.190 §85; 248.315 Selection of delegates to na-1981 c.862 §3; 1987 c.267 §14; 1995 c.712 §23; 2005 c.506 tional convention. (1) After a presidential§2] preference primary election, each major poli- 248.080 [Amended by 1957 c.608 §54; repealed by tical party whose national affiliate holds a1965 c.407 §18] convention to select its nominee for Presi- 248.085 Transfer of property; election dent of the United States shall select deleg-of officers; bylaws or rules; executive ates to the national convention of that party.committee functions. (1) At the organiza- (2) Delegates to the national conventiontional meeting of the state central commit- of a party shall be selected in the mannertee: provided by party rules, which shall provide (a) The officers of the retiring state cen- all electors registered as members of thetral committee shall deliver to the newly party equal opportunity to participate in theelected committee the property, records and selection of delegates.funds owned or controlled by the retiring (3) Delegates to the national conventioncommittee. of the party shall be selected so that the (b) The committee shall elect a chairper- number of delegates who favor a certainson, vice chairperson and other officers the candidate shall represent the proportion ofcommittee considers necessary. The persons votes received by the candidate in relationelected to the offices need not be members to the other candidates of that party at theof the state central committee. The commit- presidential preference primary election.tee shall determine the term of each office. Each person selected as a delegate shall sign a pledge that the person will continue to (c) The committee shall adopt, amend or support at the national convention the can-repeal bylaws or rules for the government of didate for President of the United States thethe state central committee. person is selected as favoring until: (2) At any meeting of the state central (a) The candidate is nominated at thecommittee, the committee, by bylaw or reso- convention;lution, may select an executive committeeand delegate powers to it. The persons se- (b) The candidate receives less than 35lected as the executive committee need not percent of the votes for nomination at thebe members of the state central committee. convention;In no event may the central committee dele- (c) The candidate releases the delegategate, or the executive committee exercise, from the pledge; orthe power to elect a person to fill a vacancy (d) Two convention nominating ballotsin state committee offices. However, the have been taken. [1975 c.779 §15; 1979 c.190 §88; 1979central committee may provide in its bylaws c.748 §1; 1987 c.267 §15; 1993 c.797 §28]for the appointment by the executive com- 248.320 [Amended by 1957 c.608 §59; 1969 c.603 §1;mittee of a temporary officer to fill a va- subsections (2), (3), (4) enacted as 1969 c.603 §4; 1971cancy. [1965 c.407 §14; 1975 c.779 §11; 1979 c.190 §86] c.685 §1; repealed by 1975 c.779 §28]Title 23 Page 34 (2007 Edition)
  • 37. POLITICAL PARTIES; PRESIDENTIAL ELECTORS 248.380 248.325 [1971 c.590 §2; repealed by 1975 c.779 §28] entitled to elect Senators and Represen- 248.330 [Amended by 1957 c.608 §60; 1969 c.603 §2; tatives in Congress.repealed by 1975 c.779 §28] 248.340 [Amended by 1957 c.608 §61; renumbered (2) The names of the electors shall not248.355] be printed on the general election ballot. A 248.350 [Amended by 1957 c.608 §62; repealed by vote for the candidates for President and1975 c.779 §28] Vice President shall be a vote for the elec- 248.352 [1965 c.526 §§2,3,5; repealed by 1975 c.779 tors supporting those candidates and selected§28] as provided by law. The general election bal- 248.354 [1965 c.526 §4; repealed by 1975 c.779 §28] lot shall state that electors of President and Vice President are being elected and that a PRESIDENTIAL ELECTORS vote for the candidates for President and Vice President shall be a vote for the elec- 248.355 Selection of presidential elec- tors supporting those candidates. [Amended bytors; candidate′s pledge. (1) In a year when 1979 c.190 §90; 1993 c.493 §4]a President and Vice President of the UnitedStates are to be nominated and elected, each 248.370 Convening of electors; vacan-political party nominating candidates for cies; duties. The electors of President andthose offices shall select a number of candi- Vice President shall convene at the Statedates for elector of President and Vice Pres- Capitol on the Monday after the secondident equal to the total number of Senators Wednesday in December following theirand Representatives to which this state is election. If there is any vacancy in the officeentitled in Congress. of an elector caused by death, refusal to act, neglect to attend or otherwise, the electors (2) A candidate for elector when selected present immediately shall fill it by pluralityshall sign a pledge that, if elected, the can- of voice votes. When all the electors havedidate will vote in the electoral college for appeared or the vacancies have been filled,the candidates of the party for President and the electors shall perform the duties requiredVice President. The Secretary of State shall of them by the Constitution and laws of theprescribe the form of the pledge. The party United States. [Amended by 1979 c.190 §91; 1995 c.79shall certify the names of the selected candi- §88; 1995 c.607 §12]dates for elector to the Secretary of Statenot later than the 70th day before the 248.380 Electors′ mileage expenses. Anelection of electors. [Formerly 248.340; 1961 c.46 elector of President and Vice President of§1; 1961 c.667 §4; 1965 c.138 §1; 1975 c.779 §16; 1979 c.190 the United States who attends at the time§89; 1993 c.797 §25; 2001 c.965 §2] and place appointed and votes for President 248.360 Election time and number of and Vice President shall be entitled to re-presidential electors to be elected; names ceive from this state mileage expenses at theof presidential electors not printed on rate allowed to members of the Legislativeballot. (1) At the general election in a year Assembly. [Amended by 1957 c.608 §63; 1979 c.190 §92; 1995 c.607 §13]when a President and Vice President of theUnited States are to be elected, the electors 248.990 [1965 c.407 §17; 1975 c.779 §14; 1979 c.190 §93; repealed by 1987 c.718 §5]of this state shall elect as many electors ofPresident and Vice President as this state isTitle 23 Page 35 (2007 Edition)
  • 38. ELECTIONSTitle 23 Page 36 (2007 Edition)
  • 39. Chapter 249 2007 EDITION Candidates; Recall GENERAL PROVISIONS 249.072 Requirements regarding number and dis-249.002 Definitions tribution of persons signing nonpartisan petitions249.004 Verification of documents 249.076 Qualifications of signers of petitions249.005 Acceptance of petition or minutes without original signatures (Nomination of Presidential Candidate249.006 Official dating of petitions and declara- by Major Political Party) tions 249.078 Printing name of candidate for presiden-249.008 Verification of signatures by county clerk; tial nomination of major party on ballot; removal of signatures prohibited after discretion of Secretary of State; nominat- submittal ing petition; petition requirements249.009 Exclusive form of signature sheets for pe- titions; numbering of signature sheets; (Nomination to Nonpartisan Office) rules 249.088 Determining number of nominees; nomi-249.012 Preservation of certain records nation or election of candidate at nomi- nating election249.013 Candidacy for more than one office; effect of filing petition or declaration for more 249.091 Nomination of certain nonpartisan candi- than one office without prior withdrawal; dates without election district and city offices (Withdrawal Before Nomination) MAJOR POLITICAL PARTY 249.170 Withdrawal of candidacy; refund of filing NOMINATIONS AND NOMINATIONS fee TO NONPARTISAN OFFICE (Withdrawal from Nomination) (Generally) 249.180 Withdrawal of candidacy by nominee249.016 Nomination of candidates of major poli- tical party or for nonpartisan office (Filling Vacancy in Nomination or Office)249.020 Filing of candidates′ nominating petition or declaration of candidacy 249.190 Filling vacancy in nomination of major party; rules249.023 Nomination of major political party can- didates who attain age of 18 years after 249.200 Nomination by major party to fill vacancy deadline for filing nominating petition or in partisan office; exceptions; rules declaration of candidacy 249.205 Filling vacancy in nomination to nonpar-249.031 Contents of petition or declaration tisan office; nomination procedure to fill vacancy in nonpartisan office; rules249.035 Filing officer249.037 Time for filing petition or declaration NOMINATION OF CANDIDATES TO PARTISAN OFFICE BY OTHER THAN249.042 Declaration or petition as evidence of MAJOR POLITICAL PARTY candidacy249.046 Party membership required for nomi- (General Provisions) nation of party; effect of inactive regis- 249.705 Nomination by other than major party tration; exceptions 249.712 Acceptance of nomination249.048 Unsuccessful candidate not eligible as 249.720 Information to be contained in certificate candidate of nomination 249.722 Time for filing certificate; filing officers; (Declarations of Candidacy) rules249.056 Filing fees (Nomination by Assembly of Electors) (Nominating Petitions) 249.735 Qualification as assembly of electors; re-249.061 One candidate per petition; prospective cords; notice; nomination by assembly petition; statement regarding payment of 249.737 Filing officer for nomination by assembly petition circulators; certification of signa- of electors ture sheets249.064 Information required on petition; certi- (Nomination by Individual Electors) fication of petition 249.740 Certificates of nomination made by indi-249.068 Requirements regarding number and dis- vidual electors; statement regarding pay- tribution of persons signing partisan pe- ment of petition circulators; certification titions of signature sheetsTitle 23 Page 37 (2007 Edition)
  • 40. ELECTIONS (Register of Nominations) RECALL OF PUBLIC OFFICER249.810 Entries in register of nominations upon 249.865 Filing prospective petition; contents of filing certificates petition; statement regarding payment of petition circulators; certification of signa- ture sheets; effect of violation (Withdrawals; Filling Vacancies) 249.870 Number of signers on recall petition249.830 Procedure for withdrawing nomination 249.875 Time for completing filing; verification of249.842 Filling vacancy in nomination; rules signatures249.850 Filing of certificate to fill vacancy in 249.876 Removal of signature after petition sub- nominations; notifying proper officials to mitted for verification make changes in general election ballots 249.877 Statement of justification by public officerTitle 23 Page 38 (2007 Edition)
  • 41. CANDIDATES; RECALL 249.008 GENERAL PROVISIONS 249.005 Acceptance of petition or min- 249.002 Definitions. As used in this utes without original signatures. (1) Not-chapter: withstanding ORS 249.008 and 249.875, a petition or minutes for which original signa- (1) “Candidate” means an individual tures are otherwise required may be acceptedwhose name is or is expected to be printed by the county clerk for signature verifica-on the official ballot. tion, or by another filing officer in the case (2) “County clerk” means the county of a recall petition, with photographic copiesclerk or the county official in charge of of one or more signature sheets if:elections. (a) The signature sheets containing the (3) “Elector” means an individual quali- original signatures were stolen or destroyedfied to vote under section 2, Article II, Ore- by fire, a natural disaster or other act ofgon Constitution. God; and (4) “Judge” means judge of the Supreme (b) The photographic copy of each ori-Court, Court of Appeals, circuit court or the ginal signature sheet contains the number ofOregon Tax Court, or any county judge who the original signature sheet prescribed by theexercises judicial functions. Secretary of State under ORS 249.009. (5) “Member” means an individual who (2) As used in this section, “act of God”is registered as being affiliated with the pol- means an unanticipated grave natural disas-itical party. ter or other natural phenomenon of an ex- (6) “Minor political party” means a poli- ceptional, inevitable and irresistibletical party that has qualified as a minor pol- character, the effects of which could notitical party under ORS 248.008. have been prevented or avoided by the exer- (7) “Nonpartisan office” means the office cise of due care or foresight. [1989 c.68 §11]of judge, Superintendent of Public Instruc- 249.006 Official dating of petitions andtion, Commissioner of the Bureau of Labor declarations. Immediately upon filing, aand Industries, any elected office of a metro- nominating petition, declaration of candi-politan service district under ORS chapter dacy, withdrawal, certificate of nomination268, justice of the peace, county clerk, or other document required to be filed undercounty assessor, county surveyor, county this chapter shall be dated and time stampedtreasurer, sheriff, district attorney or any of- by the filing officer. [Formerly 249.130]fice designated nonpartisan by a home rule 249.007 [1985 c.508 §4; repealed by 1995 c.607 §91]charter. (8) “Prospective petition” means the in- 249.008 Verification of signatures byformation, except signatures and other iden- county clerk; removal of signatures pro-tification of petition signers, required to be hibited after submittal. (1) Except as pro-contained in a completed petition. vided in subsection (2) of this section, before (9) “Public office” means any national, a nominating petition, minutes of an assem-state, county, city or district office or posi- bly of electors, or petition by individualtion, except a political party office, filled by electors is offered for filing, the county clerkthe electors. of each county in which the signatures were secured shall compare the signatures of (10) “State office” means Governor, Sec- electors on the petition or minutes with theretary of State, State Treasurer, Attorney signatures of the electors on the elector reg-General, Commissioner of the Bureau of La- istration cards. Any petition or minutes sub-bor and Industries, Superintendent of PublicInstruction, judge, state Senator, state Rep- mitted for verification under this sectionresentative or district attorney. [1979 c.190 §94; shall contain only original signatures. The1983 c.350 §64; 1985 c.324 §1; 1987 c.707 §6; 1993 c.493 §5; county clerk shall attach to the petition or1995 c.92 §1; 1995 c.107 §1; 1995 c.607 §76; 2001 c.430 §1] minutes a certificate stating the number of 249.004 Verification of documents. (1) signatures believed to be genuine. The cer-A filing officer may verify the validity of the tificate is prima facie evidence of the factscontents of the documents filed with the of- stated in it. A signature not included in theficer under this chapter. number certified to be genuine shall not be counted by the officer with whom the peti- (2) When a copy of any election docu- tion is filed. No signature in violation of thement filed under this chapter is presented to provisions of this chapter shall be counted.the filing officer with whom the originaldocument was filed and a request is made to (2) If the total number of signatures pre-have the copy compared and certified, the sented to a county clerk for verification isfiling officer shall compare the copy with the 15,000 or more, the county clerk may use aoriginal and, if necessary, correct the copy statistical sampling technique authorized byand certify and deliver it to the person who the Secretary of State to verify the signa-presented it. [Formerly 249.014] tures. The sample shall be drawn from atTitle 23 Page 39 (2007 Edition)
  • 42. 249.009 ELECTIONSleast 100 percent of the number of signatures petitions or declarations of candidacy for anyrequired for nomination. lucrative office or two or more nominating (3) After signatures of electors on a petitions or declarations of candidacy for thenominating petition, minutes of an assembly office of precinct committeeperson withoutof electors or petition by individual electors written withdrawal or withdrawals interven-are submitted for verification, no elector who ing, all such filings shall be invalid and anysigned the petition or minutes may remove other filing made by the same person shallthe signature of the elector from the petition be void.or minutes. [Formerly 249.055; 1985 c.808 §10; 1989 (4)(a) No person shall be a candidate forc.68 §2; 1993 c.493 §6] more than one district office to be filled at 249.009 Exclusive form of signature the same election. This paragraph does notsheets for petitions; numbering of signa- apply to a district that has fewer than 10,000ture sheets; rules. (1) The Secretary of electors residing within the district.State by rule shall: (b) No person shall be a candidate for (a) Design the form of nominating or re- more than one position on the same districtcall petitions, certificates of nomination by board to be filled at the same election.individual electors, minutes of an assembly (c) As used in this subsection, “district”of electors or minor political party formation means a district as defined in ORS 255.012.petitions; and (5) No person shall be a candidate for (b) Prescribe a system for numbering all more than one city office to be filled at thesignature sheets of nominating or recall pe- same election.titions, certificates of nomination by individ- (6) Notwithstanding any provision of thisual electors, minutes of an assembly of section, in the case of a vacancy to be filledelectors or minor political party formation by election, the same person is eligible forpetitions. nomination and election to both the unex- (2) Regardless of any provision to the pired and the succeeding terms. The name ofcontrary in a county or city charter or ordi- the candidate may be placed on the ballot innance, for the purpose of nominating city or both places. [Formerly 249.750; 1991 c.971 §15; 1995county candidates, recalling city or county c.606 §6a; 1995 c.607 §14; 1999 c.318 §49; 2001 c.965 §3]officers or forming a minor political party, 249.014 [1961 c.64 §2; 1971 c.749 §76; 1979 c.190 §95;an individual must use the applicable form renumbered 249.004]designed under this section. [Formerly 246.180; 249.015 [1979 c.190 §101; 1983 c.514 §6; repealed by1985 c.808 §11; 1989 c.68 §3] 2005 c.797 §73] 249.010 [Repealed by 1957 c.608 §231] 249.011 [1957 c.608 §65(1); repealed by 1979 c.190 MAJOR POLITICAL PARTY§431] NOMINATIONS AND NOMINATIONS 249.012 Preservation of certain re- TO NONPARTISAN OFFICEcords. Certificates of nomination, accept- (Generally)ances and withdrawals shall be preserved fortwo years after the election to which they 249.016 Nomination of candidates ofrelate. [1979 c.190 §99] major political party or for nonpartisan office. A candidate of a major political party 249.013 Candidacy for more than one for public office or a candidate for nonparti-office; effect of filing petition or declara- san office shall be nominated only in thetion for more than one office without manner provided in ORS 249.016 to 249.205.prior withdrawal; district and city offices. [1957 c.608 §65 (2); 1979 c.190 §102; 1993 c.797 §7; 2001(1) No person shall be a candidate for more c.721 §4]than one lucrative office to be filled at the 249.020 Filing of candidates′ nominat-same election. ing petition or declaration of candidacy. (2) No person shall file a nominating pe- (1) An eligible elector may become a candi-tition or declaration of candidacy for more date for nonpartisan office, or for the nomi-than one lucrative office or more than one nation to an office by the major politicaloffice of precinct committeeperson before the party of which the elector is a member, bydate of the election at which a person will filing a nominating petition or a declarationbe nominated or elected to each office unless of candidacy.the person first files a written withdrawal, (2) At the time of filing, a declaration ofunder ORS 249.170, of the person′s initial candidacy shall be accompanied by the filingfiling. fee specified in ORS 249.056. (3) If at any time before the date of the (3) At the time of filing, a nominatingelection at which a person will be nominated petition shall contain the signature sheetsor elected to each office it is determined that described under ORS 249.064. [Amended by 1957a person has filed two or more nominating c.608 §66; 1975 c.779 §17; 1979 c.190 §103]Title 23 Page 40 (2007 Edition)
  • 43. CANDIDATES; RECALL 249.042 249.023 Nomination of major political (i) A statement of the candidate′s occu-party candidates who attain age of 18 pation, educational and occupational back-years after deadline for filing nominating ground and prior governmental experience.petition or declaration of candidacy. Not- (2) Subsection (1)(i) of this section doeswithstanding any provision of this chapter, not apply to a candidate for election as aand except as provided in section 8, Article precinct committeeperson.IV, Oregon Constitution, and section 2, Arti- (3) A declaration of candidacy shall in-cle V, Oregon Constitution, an otherwise clude a statement that the required fee isqualified person who will attain the age of included with the declaration.18 years after the deadline for filing a nomi-nating petition or declaration of candidacy (4) If required by the national rules offor nomination to any major political party the major political party, the declaration ofoffice and on or before the date of the pri- a candidate for election as a precinct com-mary election, and who is registered as a mitteeperson shall include the name of the individual the candidate supports for Presi-member of the major political party not later dent of the United States or “uncommitted”than the date of the primary election, is eli- or “no preference.” [1957 c.608 §68; 1961 c.336 §1;gible to file a nominating petition for nomi- 1961 c.667 §5; 1969 c.245 §1; 1975 c.779 §18; 1979 c.190nation to any major political party office, to §104; 1981 c.173 §20; 1983 c.7 §1; 1983 c.567 §5; 1989 c.1054be listed on the ballot and to be nominated §14; 1991 c.87 §3; 1991 c.719 §5; 1995 c.607 §15]for the office, including by write-in votes. 249.035 Filing officer. A nominating pe-[1993 c.583 §4; 1995 c.712 §24] tition or declaration of candidacy relating to 249.025 [1973 c.283 §2; repealed by 1979 c.190 §431] a candidate for: 249.030 [Repealed by 1957 c.608 §231] (1) State office, United States Senator or 249.031 Contents of petition or decla- Representative in Congress shall be filedration. (1) Except as provided in subsection with the Secretary of State.(2) of this section, a nominating petition or (2) County office or precinct committee-declaration of candidacy shall contain: person shall be filed with the county clerk. (a) The name by which the candidate is (3) City office shall be filed with the chiefcommonly known. A candidate may use a city elections officer.nickname in parentheses in connection with (4) Any elected office of a metropolitanthe candidate′s full name. service district under ORS chapter 268 shall be filed with the county clerk of the county (b) Address information as required by in which the administrative office of the dis-the Secretary of State by rule. trict is located. (c) The office and department or position (5) Any other office shall be filed undernumber, if any, for which the candidate seeks ORS chapter 255. [1979 c.190 §105; 1981 c.173 §21;nomination. 1981 c.485 §3; 1983 c.350 §65; 1985 c.808 §12; 1993 c.493 §89] (d) If the candidate is seeking the nomi-nation of a major political party, the name 249.037 Time for filing petition or dec-of the major political party of which the laration. (1) A nominating petition or decla-candidate will have been a member, subject ration of candidacy shall be filed not soonerto the exceptions stated in ORS 249.046, dur- than the 250th day and not later than theing at least 180 days before the deadline for 70th day before the date of the primaryfiling a nominating petition or declaration of election.candidacy. (2) Notwithstanding subsection (1) of this (e) A statement that the candidate is section, a declaration of candidacy for thewilling to accept the nomination or election office of precinct committeeperson may notor, regarding a candidate for precinct com- be filed before February 1 immediately pre- ceding the primary election. [Formerly 249.060;mitteeperson, that the candidate accepts the 1987 c.267 §16; 1995 c.607 §§16,16a; 1995 c.712 §25; 1999office if elected. c.999 §37; 2001 c.145 §1; 2005 c.797 §32] (f) A statement that the candidate will 249.040 [Repealed by 1957 c.608 §231]qualify if elected. 249.041 [1957 c.608 §69; 1975 c.779 §19; 1979 c.190 §113; renumbered 249.068] (g) If the candidate is seeking the nomi-nation of a major political party, a statement 249.042 Declaration or petition as evi-that the candidate, if not nominated, will not dence of candidacy. When an elector filesaccept the nomination or indorsement of any with the appropriate filing officer the state-political party other than the one of which ment and prospective petition under ORSthe candidate is a member on the date the 249.061, or a declaration of candidacy, it is conclusive evidence that the elector is apetition or declaration is filed. candidate for nomination or election by the (h) The signature of the candidate. elector′s political party or to the nonpartisanTitle 23 Page 41 (2007 Edition)
  • 44. 249.046 ELECTIONSoffice stated in the petition or declaration. (2) No filing fee shall be required of per-[1979 c.190 §107; 2007 c.155 §2] sons filing a declaration of candidacy for 249.046 Party membership required for precinct committeeperson or justice of thenomination of party; effect of inactive peace. [Formerly 249.271; 1981 c.173 §22; 1983 c.567 §6; 1993 c.493 §90]registration; exceptions. If a candidate hasnot been a member of the major political 249.060 [Amended by 1957 c.608 §72; 1971 c.749 §77; 1973 c.827 §24c; 1979 c.190 §106; renumbered 249.037]party for at least 180 days before the dead-line for filing a nominating petition or dec-laration of candidacy, the candidate shall not (Nominating Petitions)be entitled to receive the nomination of that 249.061 One candidate per petition;major political party. If a candidate′s regis- prospective petition; statement regardingtration becomes inactive, the inactive status payment of petition circulators; certifica-shall not constitute a lapse of membership in tion of signature sheets. (1) A petition forthe party if, immediately before the registra- nomination may not contain the name oftion became inactive, the candidate was a more than one candidate.member of the party and was not a member (2) Before circulating a nominating peti-of any other political party within the 180 tion, the candidate shall deliver to the officerdays preceding the deadline for filing a nom- with whom the petition will be filed:inating petition or declaration of candidacy.The requirement that the candidate be quali- (a) A statement signed by the candidatefied by length of membership does not apply indicating that the candidacy is by prospec-to any candidate whose 18th birthday falls tive petition; andwithin the period of 180 days or to a write-in (b) A copy of the prospective petition.candidate. [1979 c.190 §108; 1991 c.719 §6; 1995 c.742 (3) The candidate shall include with the§11] nominating petition a statement declaring 249.048 Unsuccessful candidate not el- whether one or more persons will be paidigible as candidate. A candidate for nomi- money or other valuable consideration fornation of a major political party to a public obtaining signatures of electors on the nomi-office who fails to receive the nomination nating petition. After the nominating petitionmay not be the candidate of any other poli- is filed, the candidate shall notify the filingtical party or a nonaffiliated candidate for officer not later than the 10th day after thethe same office at the succeeding general candidate first has knowledge or should haveelection. The filing officer may not certify had knowledge that:the name of the candidate. [Formerly 249.420; (a) Any person is being paid for obtaining2005 c.797 §62] signatures, when the statement included with 249.050 [Repealed by 1957 c.608 §231] the nominating petition declared that no 249.051 [1957 c.608 §70; 1979 c.190 §115; renumbered such person would be paid.249.076] (b) No person is being paid for obtaining 249.055 [1957 c.608 §71; 1959 c.177 §1; 1977 c.508 §4;1979 c.190 §97; renumbered 249.008] signatures, when the statement included with the nominating petition declared that one or more such persons would be paid. (Declarations of Candidacy) (4) The circulator shall certify on each 249.056 Filing fees. (1) At the time of signature sheet that the circulator:filing a declaration of candidacy a candidate (a) Witnessed the signing of the signaturefor the following offices shall pay to the offi- sheet by each individual whose signature ap-cer with whom the declaration is filed the pears on the signature sheet; andfollowing fee: (b) Believes each individual is an elector (a) United States Senator, $150. qualified to sign the petition. [1979 c.190 §111; 1983 c.756 §3; 1993 c.493 §7; 1999 c.318 §24; 2007 c.155 §3; (b) Governor, Secretary of State, State 2007 c.848 §23]Treasurer, Attorney General, Commissionerof the Bureau of Labor and Industries, Su- 249.064 Information required on peti-perintendent of Public Instruction, Represen- tion; certification of petition. (1) A nomi-tative in Congress, judge of the Supreme nating petition of a candidate seeking theCourt, Court of Appeals or Oregon Tax nomination of a major political party shallCourt, or executive officer or auditor of a contain a statement that each elector whosemetropolitan service district, $100. signature appears on the petition is a mem- ber of the same major political party as is (c) County office, district attorney or cir- the candidate.cuit court judge, $50. (2) A nominating petition of any candi- (d) State Senator or Representative or date shall contain the number of signaturescouncilor of a metropolitan service district of electors required by ORS 249.068 orunder ORS chapter 268, $25. 249.072 and the residence or mailing addressTitle 23 Page 42 (2007 Edition)
  • 45. CANDIDATES; RECALL 249.072and name or number of the precinct, if dential electors at the last presidentialknown, of each elector whose signature ap- election, whichever is less;pears. (b) In the case of major political party (3) Pursuant to ORS 249.008, the county candidates for the office of state Senator orclerks shall certify the signatures contained state Representative, for an election nextin the nominating petition for genuineness. following any change in the boundaries of[1979 c.190 §112; 2007 c.155 §4; 2007 c.881 §3] the districts of state Senators or state Rep- 249.068 Requirements regarding num- resentatives under section 6, Article IV ofber and distribution of persons signing the Oregon Constitution, there shall be atpartisan petitions. (1) Except as otherwise least 500 signatures or the number of signa-provided for a candidate for nonpartisan of- tures at least equal to two percent of thefice in ORS 249.072: average number of votes cast in all state senatorial or state representative districts in (a) A nominating petition for an office to this state, as the case may be, for the candi-be voted for in the state at large or for a dates of that major political party for presi-candidate for Representative in Congress dential electors at the last presidentialshall contain signatures of members of the election, whichever is less;same major political party as the candidate.Except as provided in this subsection, there (c) In the case of a candidate nominatedshall be at least 1,000 signatures or the by a major political party that did not nomi-number of signatures at least equal to two nate presidential electors at the last presi-percent of the vote cast in the state or con- dential election, there shall be at least 500gressional district, as the case may be, for signatures;the candidates of that major political party (d) If the office under this subsection isfor presidential electors at the last presiden- to be voted for in more than one county, thetial election, whichever is less; signatures shall include those of electors (b) For an election next following any registered in at least six percent of the pre-change in the boundaries of a congressional cincts in the electoral district that are lo-district, there shall be at least 1,000 signa- cated in each of two or more of the counties,tures or the number of signatures at least or portions of the counties, within which theequal to two percent of the average number electoral district is located. If six percent ofof votes cast in all congressional districts in the precincts of the electoral district in onethis state, as the case may be, for the candi- of the counties or portion thereof does notdates of that major political party for presi- constitute a whole precinct, the nominatingdential electors at the last presidential petition shall contain signatures from atelection, whichever is less; least one precinct in that county; and (c) In the case of a candidate nominated (e) If the office is to be voted for in onlyby a major political party that did not nomi- one county or in a city, the signatures shallnate presidential electors at the last presi- include those of electors registered in atdential election, there shall be at least 1,000 least 10 percent of the precincts in the elec-signatures; and toral district. [Formerly 249.041; 1983 c.567 §7; 1985 c.808 §13; 1993 c.493 §13; 1995 c.606 §5; 1999 c.410 §22; (d) If the office is one to be voted for in 2001 c.721 §5; 2005 c.797 §34]the state at large, the signatures shall in- 249.070 [1957 c.608 §73; 1979 c.190 §231; renumberedclude those of electors registered in at least 254.076]five percent of the precincts in each of at 249.072 Requirements regarding num-least seven counties. If the office is one to ber and distribution of persons signingbe voted for in a congressional district the nonpartisan petitions. (1) If the nonparti-signatures shall include those of electors san office is to be voted for in the state atregistered in at least five percent of the pre- large, the nominating petition shall containcincts in each of at least one-fourth of the at least 1,000 signatures of electors, or acounties in the congressional district. number of signatures of electors equal to at (2) Except as otherwise provided in this least one percent of the vote cast in the statesection or for a candidate for nonpartisan for all candidates for Governor at the mostoffice in ORS 249.072: recent election at which a candidate for (a) A nominating petition for an office Governor was elected to a full term, which-not provided for in subsection (1) of this sec- ever is less. The signatures shall includetion shall contain the signatures of electors those of electors registered in each of atwho are members of the same major political least five percent of the precincts in each ofparty as the candidate. There shall be at at least seven counties.least 500 signatures or the number of signa- (2) The nominating petition for a nonpar-tures at least equal to two percent of the tisan office not provided for in subsection (1)vote in the electoral district for the candi- of this section shall contain at least 500 sig-dates of that major political party for presi- natures of electors in the electoral district,Title 23 Page 43 (2007 Edition)
  • 46. 249.076 ELECTIONSor a number of signatures of electors equal (2) A petition nominating a candidateto at least one percent of the vote cast in the under this section shall contain from eachelectoral district for all candidates for Gov- congressional district the signatures of aternor at the most recent election at which a least 1,000 electors who are registered in thecandidate for Governor was elected to a full district and who are members of the majorterm, whichever is less. In addition: political party of the candidate. The electors (a) If an office under this subsection is to in each congressional district shall includebe voted for in more than one county, the electors registered in at least five percent ofsignatures shall include those of electors the precincts in each of at least one-fourthregistered in each of at least six percent of of the counties in the congressional district.the precincts in the electoral district that The petition shall contain the printed name,are located in each of two or more of the residence or mailing address and name orcounties, or portions of the counties, within number of the precinct, if known, of eachwhich the electoral district is located. If six elector whose signature appears on the peti-percent of the precincts of the electoral dis- tion. The signatures shall be certified fortrict in one of the counties or portion thereof genuineness by the county clerks under ORSdoes not constitute a whole precinct, the 249.008.nominating petition shall contain signatures (3) Before circulating the nominating pe-from at least one precinct in that county. tition, the chief sponsor shall file with the (b) If the office is to be voted for in only Secretary of State a signed copy of the pro-one county or in a city, the signatures shall spective petition. The chief sponsor shall in-include those of electors registered in each clude with the prospective petition aof at least 10 percent of the precincts in the statement declaring whether one or moreelectoral district. [Formerly 252.810; 1987 c.707 §7; persons will be paid money or other valuable1989 c.174 §2; 1999 c.410 §23] consideration for obtaining signatures of electors on the petition. After the prospec- 249.076 Qualifications of signers of tive petition is filed, the chief sponsor shallpetitions. (1) A person who is not a member notify the Secretary of State not later thanof the same major political party as the can- the 10th day after the chief sponsor first hasdidate for nomination by the major political knowledge or should have had knowledgeparty may not sign the nominating petition that:of the candidate. (a) Any person is being paid for obtaining (2) Any elector may sign: signatures, when the statement included with (a) A nominating petition or certificate the prospective petition declared that noof nomination of any candidate for nonparti- such person would be paid.san office; (b) No person is being paid for obtaining (b) A nominating petition or certificate signatures, when the statement included withof nomination of any nonaffiliated candidate; the prospective petition declared that one orand more such persons would be paid. [1979 c.190 §116; 1981 c.173 §24; 1983 c.756 §4; 1987 c.267 §17; 1995 (c) Nominating petitions or certificates c.712 §26; 1999 c.410 §24; 1999 c.999 §38; 2007 c.154 §8;of nomination for more than one candidate 2007 c.155 §5]for the same office. [Formerly 249.051; 1981 c.173 249.080 [Repealed by 1957 c.608 §231]§23; 2005 c.797 §63] 249.085 [1979 c.190 §117; 1979 c.451 §4; 1979 c.587 §2; 1985 c.808 §14; repealed by 1989 c.218 §4] (Nomination of Presidential Candidate by Major Political Party) (Nomination to Nonpartisan Office) 249.078 Printing name of candidate for 249.088 Determining number of nomi-presidential nomination of major party nees; nomination or election of candidateon ballot; discretion of Secretary of at nominating election. (1) Unless other-State; nominating petition; petition re- wise provided by a home rule charter, at thequirements. (1) The name of a candidate for nominating election held on the date of thea major political party nomination for Presi- primary election, two candidates shall bedent of the United States shall be printed on nominated for the nonpartisan office. How-the ballot only: ever, when a candidate, other than a candi- (a) By direction of the Secretary of State date for the office of sheriff, a candidate forwho in the secretary′s sole discretion has the office of county clerk, a candidate for thedetermined that the candidate′s candidacy is office of county treasurer or a candidate togenerally advocated or is recognized in na- fill a vacancy, receives a majority of thetional news media; or votes cast for the office at the nominating (b) By nominating petition described in election, that candidate is elected.this section and filed with the Secretary of (2) When a candidate for the office ofState. sheriff, the office of county clerk, the officeTitle 23 Page 44 (2007 Edition)
  • 47. CANDIDATES; RECALL 249.200of county treasurer or a candidate to fill a nomination and stating the reason for with-vacancy receives a majority of votes cast for drawal. The statement shall be signed by thethe office at the nominating election, that candidate and filed not later than the 67thcandidate alone is nominated. [1979 c.190 §118; day before the general election with the offi-1979 c.451 §5; 1979 c.587 §3; 1983 c.350 §66; 1989 c.218 §1; cer with whom the candidate′s declaration1991 c.719 §7; 1993 c.493 §12; 1995 c.92 §2; 1995 c.607 §77; of candidacy or nominating petition was1995 c.712 §27] filed. [Formerly 249.680; 1985 c.471 §6; 1987 c.267 §21; 249.090 [Amended by 1957 c.608 §74; 1975 c.766 §5; 1995 c.712 §30; 1999 c.318 §3]1977 c.829 §6; repealed by 1979 c.190 §431] 249.091 Nomination of certain nonpar- (Filling Vacancy in Nomination or Office)tisan candidates without election. Unlessotherwise provided by a home rule charter, 249.190 Filling vacancy in nominationif a nominating petition or declaration of of major party; rules. (1) Except as pro-candidacy is filed by no more than two can- vided in ORS 254.650, a vacancy in the nom-didates for the office of sheriff, the office of ination of a major political party candidatecounty treasurer or the office of county clerk may be filled before the date of the generalor by no more than two candidates to fill a election by that political party in a mannervacancy in a nonpartisan office: prescribed by party rule. (1) The candidate or candidates shall be (2) Immediately after selecting a newthe nominee or nominees for the office; and nominee, the party, by the most expeditious means practicable, shall notify the filing of- (2) The name or names of the candidate ficer with whom a declaration of candidacyor candidates may not be printed on the bal- for the office is filed of the name of thelot at the nominating election. [1995 c.92 §4; nominee.1995 c.607 §77a; 2007 c.154 §9] 249.100 [Amended by 1975 c.675 §11; repealed by (3) The Secretary of State by rule may1979 c.190 §431] adopt a schedule specifying the period fol- 249.110 [Amended by 1957 c.608 §75; 1961 c.121 §1; lowing a vacancy within which a major poli-1975 c.675 §12; repealed by 1979 c.190 §431] tical party must notify the filing officer of 249.120 [Repealed by 1957 c.608 §231] the name of the new nominee. [1979 c.190 §122; 1985 c.808 §15; 2003 c.542 §23] 249.130 [1967 c.126 §3; 1979 c.190 §96; renumbered249.006] 249.200 Nomination by major party to 249.150 [Formerly 249.280; 1973 c.827 §24d; 1975 c.675 fill vacancy in partisan office; exceptions;§13; repealed by 1979 c.190 §431] rules. (1) A major political party may nomi- 249.160 [1967 c.126 §§2,4; 1979 c.190 §119; 1987 c.267 nate a candidate to fill a vacancy in a parti-§19; repealed by 1995 c.607 §91] san elective office in the following manner: (a) If the vacancy occurs on or before the (Withdrawal Before Nomination) 70th day before a primary election, by se- 249.170 Withdrawal of candidacy; re- lecting a nominee at the next primaryfund of filing fee. (1) A candidate who has election; orfiled a declaration of candidacy or a nomi- (b) If the vacancy occurs after the 70thnating petition may withdraw not later than day before the primary election but beforethe 67th day before the date of the primary the 61st day before the general election, byelection by filing a statement of withdrawal selecting a nominee as provided by partywith the filing officer with whom the decla- rule.ration or petition was filed. The statement (2) The procedure under subsection (1) ofshall be made under oath and state the rea- this section shall not apply in any case insons for withdrawal. which one of the following specific proce- (2) The official with whom a declaration dures for filling a vacancy applies:of candidacy is filed, upon request received (a) The procedure specified in ORSnot later than the 67th day before the date 188.120 for the offices of Representative inof the primary election, shall refund the fil- Congress and United States Senator.ing fee of a candidate who dies, withdrawsor becomes ineligible for the nomination. (b) The appointment procedure specified[1979 c.190 §120; 1987 c.267 §20; 1995 c.712 §29] in ORS 171.051 to 171.064 for state legislative office. (Withdrawal from Nomination) (c) The procedure specified in ORS chap- ter 236 for county office. 249.180 Withdrawal of candidacy bynominee. Any person who has been nomi- (d) The procedure specified in ORS chap-nated at a primary election, or any person ter 221 for city office.who has been nominated to fill a vacancy as (3) A party that selects a nominee underprovided in ORS 188.120 or 249.190 and subsection (1)(b) of this section, immediately249.200, may withdraw from nomination by after the nomination, shall notify the filingfiling a written statement declining the officer with whom a declaration of candidacyTitle 23 Page 45 (2007 Edition)
  • 48. 249.205 ELECTIONSfor the office is filed of the name of the 1975 c.779 §23; 1977 c.508 §5; 1979 c.190 §235; 1979 c.409nominee by the most expeditious means §1; renumbered 254.115]practicable. 249.356 [1957 c.608 §103; 1961 c.68 §1; 1975 c.675 §15; repealed by 1979 c.190 §431] (4) The Secretary of State by rule may 249.358 [Formerly 249.540; 1961 c.74 §1; 1967 c.340adopt a schedule specifying the period fol- §1; repealed by 1979 c.190 §431]lowing a vacancy within which a major poli- 249.360 [Repealed by 1957 c.608 §231]tical party that selects a nominee under 249.362 [Formerly 249.570; 1979 c.190 §239; renum-subsection (1)(b) of this section must notify bered 254.155]the filing officer of the name of the nominee 249.364 [Formerly 249.580; 1979 c.190 §388; renum-under subsection (3) of this section. [1979 c.190 bered 260.675]§123; 1985 c.586 §3; 1985 c.808 §16; 1987 c.267 §22; 1987c.380 §4; 1987 c.549 §5; 1995 c.607 §17; 1995 c.712 §31] 249.366 [Formerly 249.510; 1979 c.190 §259; renum- bered 254.365] 249.205 Filling vacancy in nomination 249.367 [1969 c.101 §3; 1977 c.829 §7; repealed by 1979to nonpartisan office; nomination proce- c.190 §431]dure to fill vacancy in nonpartisan office; 249.368 [Formerly 249.600; 1959 c.390 §1; 1961 c.170rules. (1) If the only candidate nominated to §1; 1969 c.101 §1; repealed by 1979 c.190 §431]a nonpartisan office dies, withdraws or be- 249.369 [1957 c.608 §107; 1961 c.114 §10; 1977 c.352comes ineligible, or if a vacancy occurs in §3; repealed by 1979 c.190 §431]the nonpartisan office after the 70th day be- 249.370 [Amended by 1957 c.608 §89; repealed byfore the nominating election and on or before 1979 c.190 §431]the 62nd day before the general election, a 249.375 [1963 c.345 §§2,3; repealed by 1979 c.190 §431]candidate for the office may file a declara- 249.380 [Amended by 1957 c.608 §90; 1961 c.139 §1;tion of candidacy in the manner provided for repealed by 1979 c.190 §431]nonpartisan office or shall be nominated by 249.385 [1963 c.337 §2; repealed by 1979 c.190 §431]nominating petition in the manner provided 249.390 [Repealed by 1957 c.608 §231]for nonpartisan office. 249.400 [Amended by 1955 c.498 §12; repealed by (2) The Secretary of State by rule may 1957 c.608 §231]adopt a schedule for filing nominating pe- 249.410 [Amended by 1957 c.608 §91; repealed bytitions or declarations of candidacy under 1979 c.190 §431]this section. The schedule may specify the 249.420 [Amended by 1957 c.608 §92; 1979 c.190 §109;period within which nominating petitions or renumbered 249.048]declarations of candidacy must be filed after 249.430 [Amended by 1957 c.608 §93; repealed bya vacancy occurs. [Formerly 252.060; 1981 c.173 §25; 1979 c.190 §431]1983 c.7 §2; 1983 c.567 §8; 1985 c.808 §17; 1995 c.607 §18; 249.440 [Amended by 1957 c.608 §94; repealed by1999 c.318 §4] 1979 c.190 §431] 249.210 [Amended by 1957 c.608 §76; 1975 c.675 §14; 249.450 [Amended by 1957 c.608 §95; repealed by1975 c.779 §20a; repealed by 1979 c.190 §431] 1979 c.190 §431] 249.220 [Repealed by 1957 c.608 §231] 249.460 [Amended by 1957 c.608 §96; 1969 c.81 §1; 249.221 [1957 c.608 §78; 1961 c.336 §2; 1961 c.667 §6; 1975 c.675 §16; repealed by 1979 c.190 §431]1969 c.245 §2; 1975 c.779 §21; repealed by 1979 c.190 §431] 249.470 [Amended by 1957 c.608 §97; 1975 c.675 §17; 249.230 [Repealed by 1957 c.608 §231] repealed by 1979 c.190 §431] 249.240 [Repealed by 1957 c.608 §231] 249.480 [Amended by 1957 c.608 §98; 1975 c.675 §18; repealed by 1979 c.190 §431] 249.250 [Repealed by 1957 c.608 §231] 249.490 [Repealed by 1957 c.608 §231] 249.260 [Amended by 1957 c.608 §79; 1971 c.749 §78;repealed by 1979 c.190 §431] 249.491 [1957 c.608 §99; 1979 c.190 §278; renumbered 254.565] 249.270 [Repealed by 1957 c.608 §231] 249.505 [1971 c.29 §3; repealed by 1973 c.125 §1] 249.271 [1957 c.608 §80; 1973 c.152 §1; 1975 c.779 §22;1977 c.665 §9; 1979 c.190 §110; renumbered 249.056] 249.510 [Amended by 1957 c.608 §100; renumbered 249.366] 249.280 [Amended by 1957 c.608 §81; 1961 c.76 §1;renumbered 249.150] 249.515 [1971 c.29 §4; repealed by 1973 c.125 §1] 249.520 [Repealed by 1957 c.608 §231] 249.310 [Repealed by 1979 c.190 §431] 249.525 [1971 c.29 §5; repealed by 1979 c.190 §431] 249.320 [Amended by 1957 c.608 §87; repealed by1979 c.190 §431] 249.530 [Amended by 1957 c.608 §101; renumbered 249.352] 249.330 [Amended by 1955 c.726 §7; repealed by 1957c.608 §231] 249.535 [1971 c.29 §6; repealed by 1973 c.125 §1] 249.340 [Amended by 1965 c.417 §1; repealed by 1979 249.540 [Amended by 1957 c.608 §102; renumberedc.190 §431] 249.358] 249.350 [Amended by 1957 c.608 §88; 1961 c.121 §2; 249.545 [1971 c.29 §2; repealed by 1979 c.190 §431]repealed by 1979 c.190 §431] 249.550 [Amended by 1957 c.608 §104; renumbered 249.352 [Formerly 249.530; 1961 c.121 §3; repealed by 249.354]1979 c.190 §431] 249.560 [Repealed by 1957 c.608 §231] 249.354 [Formerly 249.550; 1963 c.174 §1; subsection 249.570 [Amended by 1957 c.608 §105; renumbered(7) enacted as 1967 c.26 §2; 1969 c.245 §3; 1973 c.154 §2; 249.362]Title 23 Page 46 (2007 Edition)
  • 49. CANDIDATES; RECALL 249.722 249.580 [Amended by 1957 c.608 §106; renumbered nickname in parentheses in connection with249.364] the full name. 249.590 [Repealed by 1957 c.608 §231] 249.600 [Amended by 1957 c.608 §108; renumbered (b) Address information as required by249.368] the Secretary of State by rule. 249.610 [Repealed by 1957 c.608 §231] (c) The office, and department or position 249.640 [1975 c.779 §24; 1977 c.829 §8; repealed by number if any, for which the candidate is1979 c.190 §431] nominated. 249.650 [1957 c.608 §82; repealed by 1975 c.799 §28] (d) The name of the minor political party, 249.652 [1973 c.527 §5; repealed by 1975 c.799 §28] if any, that nominated the candidate. 249.654 [1973 c.527 §§6,7,8; 1975 c.779 §25; 1979 c.190 (e) If the candidate is nominated for a§394; renumbered 188.120] partisan office by an assembly of electors or 249.655 [1957 c.608 §83; repealed by 1973 c.527 §10] individual electors, the word “nonaffiliated” 249.656 [1973 c.527 §9; repealed by 1975 c.799 §28] and a statement that the candidate has not 249.660 [1957 c.608 §84; 1973 c.773 §6; repealed by been a member of a major or minor political1975 c.799 §28] party during at least 180 days before the 249.665 [1957 c.608 §85; 1973 c.773 §7; repealed by deadline for filing the certificate of nomi-1975 c.799 §28] nation. 249.670 [1957 c.608 §86; repealed by 1975 c.799 §28] (f) A statement that the candidate will 249.680 [1961 c.73 §2; 1975 c.779 §26; 1979 c.190 §121; qualify if elected.renumbered 249.180] (g) The signature of the candidate. NOMINATION OF CANDIDATES (h) A statement of the candidate′s occu- TO PARTISAN OFFICE BY OTHER pation, educational and occupational back- THAN MAJOR POLITICAL PARTY ground and prior governmental experience. (General Provisions) (2) For certificates of nomination of can- 249.705 Nomination by other than didates for electors of President and Vicemajor party. A minor political party, as- President of the United States, the names ofsembly of electors or individual electors may the candidates for President and Vice Presi-nominate one candidate for each partisan dent the candidates represent may be addedpublic office to be filled at the general to the name of the minor political party orelection by preparing and filing a certificate the word “nonaffiliated,” as the case may be.of nomination as provided in ORS 249.712 to The names of all the candidates of a minor249.850. [1979 c.190 §125] political party, or nonaffiliated candidates, 249.710 [Amended by 1957 c.608 §109; 1963 c.176 §1; for electors of President and Vice President1977 c.829 §9; repealed by 1979 c.190 §431] may be upon the same certificate of nomi- nation. 249.712 Acceptance of nomination. (1)To complete a nomination, the nominee must (3) A certificate of nomination made byaccept the nomination. an assembly of electors shall be signed by the presiding officer and secretary of the (2) The acceptance of the nominee may nominating convention of the assembly. Abe indorsed upon the certificate of nomi- certificate of nomination made by a minornation and signed by the nominee, or it may political party shall be signed by an officerbe indorsed by a letter or telegram from the of the party. An affidavit shall be made onnominee attached to the certificate and filed the certificate by the presiding officer andwith it. If the acceptance does not accom- secretary of the nominating convention ofpany the certificate of nomination, the nomi- the assembly or by the officer of the minornee, at any time after the certificate is filed political party and signed and acknowledgedand before the time for filing nominations for by them before a notary public. The affidavitthe office has expired, may file an acceptance shall be that the statements in the certificatein the same manner and in the same office of nomination and related documents arewhere the certificate is filed. The officer true. With respect to an assembly of electors,with whom the acceptance is filed shall the affidavit shall state that the assemblyindorse it and attach it to the certificate of satisfied the requirements of ORS 249.735.nomination to which it refers. [Formerly [Amended by 1957 c.608 §110; 1961 c.336 §3; 1973 c.841249.760] §2; 1975 c.678 §24; 1979 c.190 §127; 1981 c.142 §1; 1991 249.715 [1977 c.324 §2; 1979 c.190 §130; renumbered c.719 §8; 1993 c.797 §13; 1995 c.607 §19; 2005 c.797 §35]249.735] 249.722 Time for filing certificate; fil- 249.720 Information to be contained in ing officers; rules. (1) Except as provided incertificate of nomination. (1) A certificate subsection (3) of this section, a certificate ofof nomination shall contain: nomination of a candidate for public office (a) The name by which the candidate is shall be filed not sooner than the 15th daycommonly known. A candidate may use a after the date of the primary election and notTitle 23 Page 47 (2007 Edition)
  • 50. 249.735 ELECTIONSlater than the 70th day before the date of the shall be published at least once in not lessgeneral election. than three newspapers of general circulation (2) A certificate of nomination of a can- within the electoral district for which thedidate for: nomination will be made. The notice shall contain the time and place the assembly will (a) State office, United States Senator or meet, the office or offices for which nomi-Representative in Congress shall be filed nations will be made, and the names and ad-with the Secretary of State. dresses of not fewer than 25 electors (b) County office shall be filed with the qualified to vote in the assembly who desirecounty clerk. that it be held. (c) City office shall be filed with the chief (4) Proof of publication of notice in sub-city elections officer. section (3) of this section shall be made by (3) For a special election, including an affidavit of the owner, editor, publisher,election to fill a vacancy that occurs after manager, advertising manager, principalthe 70th day before the general election, the clerk of any of them, or the printer or print-Secretary of State by rule may adopt a er′s foreman of the newspaper in which theschedule specifying the period within which notice is published. The affidavit shall showa certificate of nomination must be filed. If publication and shall be filed with the filingthe Secretary of State does not adopt a rule officer with the certificate of nomination.under this subsection, a certificate of nomi- (5) Not later than the 10th day before thenation must be filed before the 61st day pre- meeting of an assembly of electors, a copy ofceding the election. [1979 c.190 §128; 1987 c.267 §23; the notice under subsection (3) of this sec-1993 c.493 §§8,9; 1995 c.607 §20; 1995 c.712 §32; 1999 c.999 tion shall be delivered to the filing officer§39; 2001 c.145 §2; 2005 c.593 §3; 2005 c.797 §33] who will supervise the conduct of the nomi- 249.730 [Amended by 1957 c.608 §111; 1963 c.176 §2; nating convention.1977 c.324 §3; repealed by 1979 c.190 §431] 249.732 [1979 c.190 §129; 1983 c.756 §6; 1989 c.923 §28; (6) The presiding officer of an assemblyrepealed by 1993 c.493 §113 and 1993 c.797 §33] of electors shall deliver the signatures of as- sembly members entered in the minutes to (Nomination by Assembly of Electors) the appropriate county clerks of the counties in which the assembly members live. The 249.735 Qualification as assembly of signatures shall be certified by the appropri-electors; records; notice; nomination by ate county clerk under ORS 249.008. A copyassembly. (1) An assembly of electors is an of the minutes, certified by the secretary oforganized body: the assembly, and the certificate of the (a) Of not fewer than 1,000 electors of the county clerk shall be filed with the filing of-state for a statewide nomination. ficer with the certificate of nomination. (b) Of not fewer than 500 electors of the (7) If the assembly of electors designatescongressional district for which the nomi- a committee to whom the assembly delegatednation for Representative in Congress is the authority to fill vacancies as provided inmade. ORS 249.842, a notice containing the names of the members of the committee shall be (c) Of not fewer than 250 electors of the delivered to the filing officer with the certif-county or any other district for which the icate of nomination. [Formerly 249.715; 1983 c.514nomination is made. §7; 1983 c.567 §9; 1985 c.808 §18; 1993 c.797 §14; 2005 c.797 (2) An assembly of electors may nominate §60]candidates at a nominating convention. The 249.737 Filing officer for nominationconvention shall be held in one day and last by assembly of electors. (1) The filing offi-not longer than 12 hours. The signature, cer for the office for which nominations willprinted name and residence or mailing ad- be considered by an assembly of electorsdress of each member of the assembly shall shall supervise the conduct of the nominat-be recorded at the convention and entered ing convention. The filing officer shall insureof record in the minutes by the secretary of that when the assembly of electors makes athe assembly. Not less than the minimum nomination, the number of electors requirednumber of electors required to constitute an to be present at the nominating conventionassembly of electors must have recorded for the purpose of constituting an assemblytheir signatures in the minutes of the as- is at least equal to each of the following:sembly and must be present when the as-sembly nominates a candidate. The candidate (a) The number of signatures of assemblyreceiving the highest number of votes of the members in the minutes of the assembly.assembly for the office shall be the nominee (b) The number of electors present at theof the assembly. nominating convention. (3) Not later than the 10th day before the (2) If an assembly of electors will con-meeting of an assembly of electors, notice sider nominations for an office for which theTitle 23 Page 48 (2007 Edition)
  • 51. CANDIDATES; RECALL 249.830Secretary of State is the filing officer and an (a) Witnessed the signing of the signatureoffice for which the county clerk or chief sheet by each individual whose signature ap-city elections officer is the filing officer, the pears on the signature sheet; andSecretary of State shall be the supervising (b) Believes each individual is an electorofficer under subsection (1) of this section. registered in the electoral district. (3) If an assembly of electors will con- (5) The signatures contained in each cer-sider nominations for an office for which the tificate of nomination made by individualcounty clerk is the filing officer and an office electors shall be certified for genuineness byfor which the chief city elections officer is the county clerk under ORS 249.008.the filing officer, the county clerk shall bethe supervising officer under subsection (1) (6) As used in this section, “prospectiveof this section. [1983 c.567 §11] certificate” means the information, except signatures and other identification of certif- icate signers, required to be contained in a (Nomination by Individual Electors) completed certificate of nomination. [Amended by 1955 c.169 §5; 1957 c.608 §112; 1971 c.152 §1; 1977 c.829 249.740 Certificates of nomination §10; 1979 c.190 §131; 1983 c.756 §7; 1993 c.493 §11; 1993made by individual electors; statement c.797 §15; 1999 c.318 §25; 2005 c.797 §61; 2007 c.848 §24]regarding payment of petition circula- 249.750 [Amended by 1957 c.608 §113; 1979 c.190 §100;tors; certification of signature sheets. (1) renumbered 249.013]A certificate of nomination made by individ- 249.760 [Amended by 1979 c.190 §126; renumberedual electors shall contain a number of signa- 249.712]tures of electors in the electoral district 249.770 [Amended by 1957 c.608 §114; 1971 c.749 §79;equal to not less than one percent of the 1977 c.324 §4; repealed by 1979 c.190 §431]total votes cast in the electoral district for 249.780 [Amended by 1957 c.608 §115; 1961 c.49 §2; 1971 c.749 §80; 1977 c.324 §5; repealed by 1979 c.190 §431]which the nomination is intended to bemade, for all candidates for presidential 249.790 [Amended by 1977 c.829 §11; repealed by 1979 c.190 §431]electors at the last general election. (2) Each elector signing a certificate of (Register of Nominations)nomination made by individual electors shallinclude the residence or mailing address of 249.810 Entries in register of nomi-the elector. Except for a certificate of nomi- nations upon filing certificates. (1) Imme-nation of candidates for electors of President diately after each certificate of nominationand Vice President of the United States, a is filed, the filing officer shall enter in thecertificate of nomination made by individual register of nominations:electors shall contain the name of only one (a) The date the certificate was filed.candidate. (b) The name of each candidate. (3) Before beginning to circulate the cer- (c) The office for which the candidate istificate of nomination, the chief sponsor of nominated.the certificate shall file a signed copy of the (d) When applicable, the name of the mi-prospective certificate with the filing officer nor political party or identification of thereferred to in ORS 249.722. The chief sponsor assembly of electors making the nomination,of the certificate shall include with the pro- and the names of the chairperson and secre-spective certificate a statement declaring tary certifying it.whether one or more persons will be paidmoney or other valuable consideration for (e) If the certificate of nomination isobtaining signatures of electors on the cer- made by individual electors, the total numbertificate. After the prospective certificate is of certified signatures contained in the cer- tificate.filed, the chief sponsor shall notify the filingofficer not later than the 10th day after the (2) As soon as an acceptance or with-chief sponsor first has knowledge or should drawal of a candidate is filed with a filinghave had knowledge that: officer, it shall be entered in the register of nominations. [Amended by 1957 c.608 §116; 1979 c.190 (a) Any person is being paid for obtaining §132]signatures, when the statement included with 249.820 [Repealed by 1979 c.190 §431]the prospective certificate declared that nosuch person would be paid. (Withdrawals; Filling Vacancies) (b) No person is being paid for obtainingsignatures, when the statement included with 249.830 Procedure for withdrawing nomination. (1) A person who has beenthe prospective certificate declared that one nominated and has accepted the nominationor more such persons would be paid. under ORS 249.712 may withdraw from the (4) The circulator shall certify on each nomination by filing with the officer withsignature sheet that the circulator: whom the certificate of nomination was filedTitle 23 Page 49 (2007 Edition)
  • 52. 249.842 ELECTIONSa written statement declining the nomination priate filing officer of the nomination andand stating the reason for withdrawal. send the duplicate certificate to the officer (2) The statement must be: by the most expeditious method practicable. (a) Signed by the person withdrawing (2) Upon receipt of notification that afrom the nomination; and vacancy has been filled, the filing officer shall certify the name of the person selected (b) Filed not later than the 67th day be- to fill the vacancy to be included on the bal-fore the general election. lot. If the certification of candidates has al- (3) The statement may be sent to the ready been sent to the county clerk, theSecretary of State through a county clerk, Secretary of State or city filing officer im-as provided by ORS 249.850. [Amended by 1957 mediately shall give written certification ofc.608 §117; 1967 c.86 §1; 1979 c.190 §133; 2007 c.155 §6] the new candidate to each county clerk re- 249.840 [Amended by 1957 c.608 §118; repealed by sponsible for preparing ballots on which the1979 c.190 §431] office will appear. The certification shall 249.842 Filling vacancy in nomination; state the name and residence of the candi-rules. (1) Subject to subsection (5) of this date nominated to fill the vacancy, the officesection, before the date of the general for which the nomination was made, theelection, a vacancy in a nomination made by name of the minor political party the candi-a minor political party may be filled as pro- date represents or the name of the chairper-vided by party rule. son of the assembly nominating the candidate, and the name of the person for (2) Subject to subsection (5) of this sec- whom the candidate is substituted. Upon re-tion, before the date of the general election, ceipt of the certification, the county clerka vacancy in a nomination made by an as- shall place the new candidate′s name on thesembly of electors may be filled by: ballot. [Amended by 1957 c.608 §119; 1975 c.675 §19; (a) Reconvening the assembly that made 1979 c.190 §135]the original nomination to select a new 249.860 [1963 c.176 §4; repealed by 1979 c.190 §431]nominee; or (b) A committee to whom the assembly RECALL OF PUBLIC OFFICERat its convention delegated the authority tofill vacancies. 249.865 Filing prospective petition; contents of petition; statement regarding (3) An assembly of electors may recon- payment of petition circulators; certifica-vene under subsection (2) of this section only tion of signature sheets; effect of vio-at the call of the chairperson of the original lation. (1) Pursuant to section 18, Article IIassembly. An assembly will be considered the of the Oregon Constitution, an elector of theassembly that made the original nomination electoral district from which the public offi-if the chairperson and secretary are the same cer is elected may file a petition demandingas those of the original assembly. the recall of the public officer. Before the (4) Subject to subsection (5) of this sec- petition is circulated for signatures, the chieftion, before the date of the general election, petitioner of the petition shall file with thea vacancy in a nomination made by individ- officer authorized to order the recallual electors may be filled by filing a new election:certificate of nomination. The certificate of (a) A copy of the prospective petitionnomination to fill the vacancy shall conform signed by the chief petitioner;with the requirements of ORS 249.720 and249.740. (b) A statement of organization described in ORS 260.118; and (5) The Secretary of State by rule mayadopt a schedule specifying the period after (c) A statement conforming to ORSa vacancy in a nomination occurs within 260.083 of contributions received and ex-which a certificate of nomination filling the penditures made by or on behalf of the chiefvacancy must be filed. [1979 c.190 §134; 1985 c.808 petitioner and political committee the chief§19; 1993 c.797 §16] petitioner represents, if any, to the date of 249.850 Filing of certificate to fill va- filing the prospective petition.cancy in nomination; notifying proper of- (2) The chief petitioner shall include withficials to make changes in general the prospective petition a statement declar-election ballots. (1) The certificate of nomi- ing whether one or more persons will be paidnation to fill the vacancy under ORS 249.842, money or other valuable consideration formay be filed directly with the officer with obtaining signatures of electors on the recallwhom the certificate of nomination of the petition. After the prospective petition isoriginal candidate was filed, or it may be filed, the chief petitioner shall notify the fil-presented in duplicate to any county clerk ing officer not later than the 10th day afterwho shall file one of the certificates in the the chief petitioner first has knowledge orclerk′s office, immediately notify the appro- should have had knowledge that:Title 23 Page 50 (2007 Edition)
  • 53. CANDIDATES; RECALL 249.877 (a) Any person is being paid for obtaining 249.875 Time for completing filing;signatures, when the statement included with verification of signatures. (1) A recall pe-the prospective petition declared that no tition shall be void unless completed andsuch person would be paid. filed not later than the 100th day after filing (b) No person is being paid for obtaining the prospective petition described in ORSsignatures, when the statement included with 249.865. Not later than the 90th day afterthe prospective petition declared that one or filing the prospective petition the petitionmore such persons would be paid. shall be submitted to the filing officer who (3) Each sheet of the recall petition must shall verify the signatures not later than thecontain: 10th day after the submission. The filed peti- tion shall contain only original signatures. (a) The words “Petition for recall of,” A recall petition shall not be accepted for(name and title of officer) and the date of thefiling under subsection (1) of this section; signature verification if it contains less thanand 100 percent of the required number of signa- tures. The petition shall not be accepted for (b) The name and address of the treas- filing until 100 percent of the required num-urer or the chief petitioner listed on the ber of signatures of electors have been veri-statement of organization filed under subsec- fied.tion (1) of this section. (2) The provisions for verification of sig- (4) Not more than 20 signatures on each natures on an initiative or referendum peti-sheet of the recall petition shall be counted. tion contained in ORS 250.105, are applicableThe circulator shall certify on each signature to the verification of signatures on a recallsheet that the circulator: petition. [Formerly 254.420; 1989 c.68 §4; 1991 c.719 (a) Witnessed the signing of the signature §9]sheet by each individual whose signature ap- 249.876 Removal of signature after pe-pears on the signature sheet; and tition submitted for verification. After a (b) Believes each individual is an elector. recall petition is submitted for signature (5) Any intentional or willful violation of verification, no elector who signed the peti-subsection (1) or (2) of this section by a chief tion may remove the signature of the electorpetitioner of the recall petition or by the from the petition. [1985 c.808 §21]treasurer listed on the statement of organ- 249.877 Statement of justification byization filed under subsection (1) of this sec- public officer. (1) A public officer againsttion invalidates the prospective petition whom a recall petition has been filed maybefore it is circulated for signatures. [1979 submit to the filing officer, in not more thanc.190 §136; 1981 c.142 §2; 1981 c.173 §26; 1983 c.756 §8;1985 c.471 §7; 1987 c.210 §1; 1999 c.318 §26; 2005 c.797 §22; 200 words, a statement of justification of the2007 c.155 §7; 2007 c.848 §25] public officer′s course in office. The state- 249.870 Number of signers on recall ment must be filed not later than the fifthpetition. The requisite number of signers on day after the recall petition is filed.a recall petition is 15 percent of the total (2) The county clerk shall have thevotes cast in the electoral district for all statement printed on the official and samplecandidates for Governor at the most recent ballots for the recall election. [1983 c.514 §7b]election at which a candidate for Governor 249.880 [Formerly 254.460; 1985 c.808 §23; repealedwas elected to a full term next preceding the by 1987 c.210 §3]filing of the petition for verification of sig- 249.990 [Repealed by 1979 c.190 §431]natures. [Formerly 254.450; 1981 c.173 §27; 1985 c.808§22; 1995 c.607 §21]Title 23 Page 51 (2007 Edition)
  • 54. ELECTIONSTitle 23 Page 52 (2007 Edition)
  • 55. Chapter 250 2007 EDITION Initiative and Referendum GENERAL PROVISIONS 250.105 Filing officer; consideration of signatures250.005 Definitions on prospective petition; filing require- ments; signature verification; rules250.015 Form of petition; numbering of signature 250.115 Numbering of state measures sheets; rules 250.125 Estimate of financial impact of state250.025 Qualifications for signers of petition; re- measures; financial estimate committee moval of signatures 250.127 Preparation and filing of estimates and250.029 Withdrawal of initiative or referendum statements of financial impact of state petition; form measure250.031 Rules for conduct of election under sec- 250.131 Court review of procedures under which tion 11, Article XI of Oregon Constitution estimates and statements of financial im-250.035 Form of ballot titles for state and local pact of state measure were prepared measures 250.135 Retention of petition materials250.036 Form of ballot title for measure subject to section 11 (8), Article XI of Oregon COUNTY MEASURES Constitution; exception 250.155 Application of subchapter250.037 Form of ballot title for measure request- 250.165 Prospective petition; cover and signature ing approval of certain bonds sheet requirements; annual statement250.038 Form of ballot title for measure authoriz- 250.168 Determination of compliance with consti- ing imposition of local option taxes or es- tutional provisions; notice; appeal tablishing permanent rate limitation 250.175 Preparation of ballot titles for certain250.041 Applicability of ORS 250.005 to 250.038 to county measures; notice counties and cities 250.185 Preparation of ballot titles by county governing body250.042 Effect of failure of petition circulator to certify signature sheet 250.195 Procedure for elector dissatisfied with ballot title of county measure250.043 Acceptance of initiative or referendum petition without original signatures 250.205 Filing and signature requirements for nonhome rule counties250.044 Actions challenging constitutionality of state measure to be filed in Marion 250.215 Filing officer for county measure; filing County Circuit Court requirements; signature verification 250.221 Date of election STATE MEASURES 250.235 Retention of petition materials250.045 Prospective petition; sponsorship signa- CITY MEASURES ture requirement; cover and signature sheet requirements; rules 250.255 Application of subchapter250.048 Registration and training for paid petition 250.265 Prospective petition; cover and signature circulators; requirements; effect of failure sheet requirements; annual statement to register; rules 250.270 Determination of compliance with consti-250.052 Official templates of cover and signature tutional provisions; notice; appeal sheets; electronic template; rules 250.275 Preparation of ballot titles for certain city measures; notice250.065 Preparation of ballot titles for certain state measures 250.285 Preparation of ballot titles by city gov- erning body250.067 Notice of draft ballot title; written com- ments; certification of title; correction of 250.296 Procedure for elector dissatisfied with clerical errors; rules ballot title of city measure250.075 Preparation of ballot titles by Legislative 250.305 Signature requirements Assembly 250.315 Filing officer; filing requirements; signa- ture verification250.085 Procedure for elector dissatisfied with ballot title of state measure; Supreme 250.325 Procedure following filing of initiative pe- Court review of title tition250.095 State measures affecting a county or dis- 250.346 Retention of petition materials trict 250.355 Date of electionTitle 23 Page 53 (2007 Edition)
  • 56. ELECTIONSTitle 23 Page 54 (2007 Edition)
  • 57. INITIATIVE AND REFERENDUM 250.035 GENERAL PROVISIONS signature verification. The Secretary of State 250.005 Definitions. As used in this by rule shall design a form for use in filingchapter: a withdrawal of any initiative or referendum petition. The withdrawal form must be signed (1) “County clerk” means the county by all of the chief petitioners and filed withclerk or the county official in charge of the filing officer. [1995 c.607 §25]elections. 250.030 [Amended by 1957 c.608 §122; 1961 c.121 §5; (2) “Elector” means an individual quali- 1979 c.190 §233; 1979 c.317 §8a; 1979 c.519 §18a; renum-fied to vote under section 2, Article II, Ore- bered 254.095]gon Constitution. 250.031 Rules for conduct of election (3) “Measure” includes any of the follow- under section 11, Article XI of Oregoning submitted to the people for their approval Constitution. The Secretary of State shallor rejection at an election: adopt administrative rules for the conduct of (a) A proposed law. elections under section 11, Article XI of the Oregon Constitution, that include but are (b) An Act or part of an Act of the Leg- not limited to provisions that:islative Assembly. (1) Set forth the requirements for an (c) A revision of or amendment to the election to which section 11 (8), Article XIOregon Constitution. of the Oregon Constitution, is applicable that (d) Local, special or municipal legis- are consistent with the voter registration re-lation. quirements of ORS chapter 247 and with the (e) A proposition or question. federal National Voter Registration Act of 1993 (P.L. 103-31); (4) “Prospective petition” means the in-formation, except signatures and other iden- (2) Provide directions to election officerstification of petition signers, required to be for calculating whether the required numbercontained in a completed petition. [1979 c.190 of registered voters eligible to vote voted in§140; 1983 c.392 §3] the election; and 250.010 [Amended by 1957 c.608 §120; repealed by (3) Interpret the words “cast a ballot” in1979 c.190 §431] section 11 (8), Article XI of the Oregon Con- 250.015 Form of petition; numbering stitution, as meaning that a ballot was law-of signature sheets; rules. The Secretary fully cast, whether or not the vote of thatof State by rule shall: ballot may lawfully be counted for reasons other than the eligibility of the voter to vote. (1) Design the form of the prospective [1997 c.541 §310]petition, and the initiative and the referen-dum petition, including the signature sheets, 250.035 Form of ballot titles for stateto be used in any initiative or referendum in and local measures. (1) The ballot title ofthis state. any measure, other than a state measure, to be initiated or referred shall consist of: (2) Designate the quality of paper to beused for signature sheets in order to ensure (a) A caption of not more than 10 wordsthe legibility of the signatures. which reasonably identifies the subject of the measure; (3) Prescribe a system for numbering thesignature sheets to be used in any initiative (b) A question of not more than 20 wordsor referendum in this state. [1979 c.190 §141; 1979 which plainly phrases the chief purpose ofc.345 §1; 1981 c.909 §1; 1989 c.68 §5; 2005 c.22 §188] the measure so that an affirmative response 250.020 [Amended by 1957 c.608 §121; 1961 c.121 §4; to the question corresponds to an affirmative1979 c.190 §232; 1979 c.519 §17; renumbered 254.085] vote on the measure; and 250.025 Qualifications for signers of (c) A concise and impartial statement ofpetition; removal of signatures. (1) Any not more than 175 words summarizing theelector may sign an initiative or referendum measure and its major effect.petition for any measure on which the elec- (2) The ballot title of any state measuretor is entitled to vote. to be initiated or referred shall consist of: (2) After an initiative or referendum pe- (a) A caption of not more than 15 wordstition is submitted for signature verification, that reasonably identifies the subject matterno elector who signed the petition may re- of the state measure. The caption of an ini-move the signature of the elector from the tiative or referendum amendment to thepetition. [Formerly 254.160; 1985 c.808 §24] Constitution shall begin with the phrase, 250.029 Withdrawal of initiative or “Amends Constitution,” which shall not bereferendum petition; form. The chief peti- counted for purposes of the 15-word captiontioners of an initiative or referendum peti- limit;tion may withdraw the petition at any time (b) A simple and understandable state-prior to the submission of the petition for ment of not more than 25 words that de-Title 23 Page 55 (2007 Edition)
  • 58. 250.036 ELECTIONSscribes the result if the state measure is all ballot titles subject to section 11 (8), Ar-approved. The statement required by this ticle XI of the Oregon Constitution, shall in-paragraph shall include either the phrase, “I clude the following statement as the firstvote” or “vote yes,” or a substantially similar statement of the ballot title summary:phrase, which may be placed at any point __________________________________________within the statement; (c) A simple and understandable state-ment of not more than 25 words that de- This measure may be passed only at anscribes the result if the state measure is election with at least a 50 percent voterrejected. The statement required by this turnout.paragraph shall not describe existing statu- __________________________________________tory or constitutional provisions in a waythat would lead an average elector to believeincorrectly that one of those provisionswould be repealed by approval of the state (2) As used in this section, “at least a 50measure, if approval would not have that re- percent voter turnout” means a voter turn-sult. Any thing or action described both in out that meets the requirements of sectionthe statement required by paragraph (b) of 11 (8), Article XI of the Oregon Constitution.this subsection and in the statement required (3) The statement required by this sec-by this paragraph shall be described using tion shall not be counted in determining thethe same terms in both statements, to the word count requirements of ORS 250.035.extent practical. Any different terms must be (4) Subsection (1) of this section shall notterms that an average elector would under- apply to the ballot title of a measure sub-stand to refer to the same thing or action. mitted to voters in a general election in anThe statement shall include either the even-numbered year. [1997 c.541 §311]phrase, “I vote” or “vote no,” or a substan-tially similar phrase, which may be placed at 250.037 Form of ballot title for meas-any point within the statement; and ure requesting approval of certain bonds. (d) A concise and impartial statement of (1) The ballot title of any measure requestingnot more than 125 words summarizing the elector approval of bonds, the principal andstate measure and its major effect. interest on which will be payable from taxes imposed on property or property ownership (3) The statements required by subsection that are not subject to the limitations of(2)(b) and (c) of this section shall be written sections 11 and 11b, Article XI of the Oregonso that, to the extent practicable, the lan- Constitution, shall contain, in addition to theguage of the two statements is parallel. matters required by ORS 250.035, the follow- (4) The statement required by subsection ing statement immediately after the ballot(2)(b) of this section shall be written so that title question and appearing with it, in thisan affirmative response to the statement manner: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 Question: (herein the question is stated)an affirmative response to the statement If the bonds are approved, they will be pay-corresponds to a negative vote on the state able from taxes on property or propertymeasure. ownership that are not subject to the limits (6) To avoid confusion, a ballot title shall of sections 11 and 11b, Article XI of the Or-not resemble any title previously filed for a egon Constitution.measure to be submitted at that election. __________________________________________ (7) In the statements required by subsec-tion (2)(b), (c) and (d) of this section, reason-able discretion shall be allowed in the use of (2) The words of the statement requiredarticles and conjunctions, but the statements by subsection (1) of this section are notshall not omit articles and conjunctions that counted for purposes of ORS 250.035.are necessary to avoid confusion to or mis- (3) The ballot title statement for anyunderstanding by an average elector. [1979 measure requesting elector approval ofc.190 §143; 1979 c.675 §1; 1985 c.405 §1; 1987 c.556 §1; 1987 bonds, the principal and interest on which isc.875 §1; 1995 c.534 §1; 1997 c.541 §312; 1999 c.793 §1; 2001c.104 §78] to be payable from taxes imposed on property or property ownership that are not subject 250.036 Form of ballot title for meas- to the limitations of sections 11 and 11b, Ar-ure subject to section 11 (8), Article XI ticle XI of the Oregon Constitution, shallof Oregon Constitution; exception. (1) contain, in addition to the other require-Notwithstanding any other provision of law, ments of ORS 250.035 and this section, aTitle 23 Page 56 (2007 Edition)
  • 59. INITIATIVE AND REFERENDUM 250.044reasonably detailed, simple and understand- (a) The signature sheets containing theable description of the use of proceeds. original signatures were stolen or destroyed (4) The front of the outer envelope in by fire, a natural disaster or other act ofwhich the ballot title is delivered shall state, God; andclearly and boldly printed in red, “CON- (b) The photographic copy of each ori-TAINS VOTE ON PROPOSED TAX IN- ginal signature sheet contains the number ofCREASE.” [1991 c.902 §119; 1997 c.541 §313; 2007 c.154 the original signature sheets prescribed by§10] the Secretary of State under ORS 250.015. 250.038 Form of ballot title for meas- (2) As used in this section:ure authorizing imposition of local option (a) “Act of God” means an unanticipatedtaxes or establishing permanent rate grave natural disaster or other natural phe-limitation. In addition to meeting other ap- nomenon of an exceptional, inevitable andplicable requirements of this chapter: irresistible character, the effects of which (1) The ballot title for a measure author- could not have been prevented or avoided byizing the imposition of local option taxes the exercise of due care or foresight.shall contain the statement required by ORS (b) “Filing officer” means the Secretary280.070 (4)(a) and the information required of State in the case of an initiative or refer-by ORS 280.070 (5); endum petition relating to a state measure, (2) The ballot title for a measure author- the county clerk in the case of an initiativeizing the establishment of a permanent rate or referendum petition relating to a countylimitation shall contain the information re- measure, the city elections officer in the casequired by ORS 280.070 (6); and of an initiative or referendum petition relat- (3) The front of the outer envelope in ing to a city measure and the elections offi-which the ballot title is delivered shall state, cer as defined in ORS 255.005 in the case ofclearly and boldly printed in red, “CON- an initiative or referendum petition relatingTAINS VOTE ON PROPOSED TAX IN- to a district measure. [1989 c.68 §13]CREASE.” [1999 c.632 §25; 2007 c.154 §11] 250.044 Actions challenging constitu- 250.039 [Formerly ORS 250.055; repealed by 1995 tionality of state measure to be filed inc.534 §19] Marion County Circuit Court. (1) An ac- 250.040 [Repealed by 1957 c.608 §231] tion that challenges the constitutionality of a measure initiated by the people or referred 250.041 Applicability of ORS 250.005 to to the people for a vote must be commenced250.038 to counties and cities. ORS 250.005 in the Circuit Court for Marion County if:to 250.038 apply to the exercise of initiativeor referendum powers: (a) The action is filed by a plaintiff as- serting a claim for relief that challenges the (1) Regarding a county measure, regard- constitutionality of a state statute or anless of anything to the contrary in the amendment to the Oregon Constitution initi-county charter or ordinance. ated by the people or referred to the people (2) Regarding a city measure, regardless under section 1 (1) to (4), Article IV of theof anything to the contrary in the city char- Oregon Constitution;ter or ordinance. [1983 c.514 §11; 2005 c.797 §54] (b) The action is commenced on or after 250.042 Effect of failure of petition the date that the Secretary of State certifiescirculator to certify signature sheet. If a that the challenged measure has beensignature sheet of a petition is not certified adopted by the electors and within 180 daysby the circulator as required under ORS after the effective date of the measure; and198.430, 198.750, 221.031, 248.008, 249.061, (c) The action may not be commenced in249.740, 249.865, 250.045, 250.165, 250.265, the Oregon Tax Court.255.135, 261.115 and 545.025, signatures con- (2) An action under subsection (1) of thistained on the signature sheet may not be section must be within the jurisdiction ofcounted for purposes of determining whether circuit courts and must present a justiciablethe petition contains the required number of controversy. The plaintiff in an action sub-signatures of electors. [2007 c.848 §8b] ject to the requirements of this section must 250.043 Acceptance of initiative or serve a copy of the complaint on the Attor-referendum petition without original sig- ney General.natures. (1) Notwithstanding ORS 250.105, (3) If an action subject to the require-250.215, 250.315 and 255.175, an initiative or ments of this section is filed in a court otherreferendum petition for which original signa- than the Circuit Court for Marion County,tures are otherwise required may be accepted the other court, on its own motion or theby the appropriate filing officer for signature motion of any party to the action, shall dis-verification with photographic copies of one miss the action or transfer the action to theor more signature sheets if: Circuit Court for Marion County.Title 23 Page 57 (2007 Edition)
  • 60. 250.045 ELECTIONS (4) This section does not apply to any (a) The Attorney General certifies to thecivil or criminal proceeding in which the secretary that the proposed amendment willconstitutionality of a state statute or pro- not substantially change the substance of thevision of the Oregon Constitution is chal- measure; andlenged in a responsive pleading. (b) The deadline for submitting written (5) If a judgment in an action subject to comments on the draft title has not passed.the requirements of this section holds that a (5) The cover of an initiative or referen-challenged measure is invalid in whole or in dum petition shall designate the name andpart, a party to the action may appeal the residence address of not more than threejudgment only by filing a notice of appeal persons as chief petitioners and shall containdirectly with the Supreme Court within the instructions for persons obtaining signaturestime and in the manner specified in ORS of electors on the petition. The instructionschapter 19 for civil appeals to the Court of shall be adopted by the secretary by rule.Appeals. Any party filing a notice of appeal The cover of a referendum petition shallunder this subsection must note in the notice contain the final measure summary describedof appeal that the case is subject to this in ORS 250.065 (1). If a petition seeking asubsection. different ballot title is not filed with the Su- (6) If a judgment in an action subject to preme Court by the deadline for filing a pe-the requirements of this section holds that a tition under ORS 250.085, the cover of anchallenged measure is valid, a party to the initiative petition shall contain the latestaction may appeal the judgment by filing a ballot title certified by the Attorney Generalnotice of appeal in the Court of Appeals under ORS 250.067 (2). However, if the Su-within the time and in the manner specified preme Court has reviewed the ballot title,in ORS chapter 19 for civil appeals. Not- the cover of the initiative petition shall con-withstanding ORS 19.405 (1), the party may tain the title certified by the court.move the Court of Appeals to certify the ap- (6) The chief petitioners shall includepeal to the Supreme Court, and the Court of with the prospective petition a statement de-Appeals acting in its sole discretion may so claring whether one or more persons will becertify the appeal. If the Court of Appeals paid money or other valuable considerationcertifies the appeal to the Supreme Court, for obtaining signatures of electors on thethe Supreme Court shall accept or deny ac- initiative or referendum petition. After theceptance of the certification as provided in prospective petition is filed, the chief peti-ORS 19.405 (2). [1997 c.794 §2] tioners shall notify the filing officer not later than the 10th day after any of the chief pe- STATE MEASURES titioners first has knowledge or should have had knowledge that: 250.045 Prospective petition; sponsor-ship signature requirement; cover and (a) Any person is being paid for obtainingsignature sheet requirements; rules. (1) signatures, when the statement included withBefore circulating a petition to initiate or the prospective petition declared that norefer a state measure under section 1, Article such person would be paid.IV, Oregon Constitution, the petitioner shall (b) No person is being paid for obtainingfile with the Secretary of State a prospective signatures, when the statement included withpetition. The prospective petition for a state the prospective petition declared that one ormeasure to be initiated shall contain a more such persons would be paid.statement of sponsorship signed by at least (7)(a) Each sheet of signatures on an ini-1,000 electors. The statement of sponsorship tiative petition shall contain the caption ofshall be attached to a full and correct copy the ballot title. Each sheet of signatures onof the measure to be initiated. a referendum petition shall contain the sub- (2) The secretary by rule shall establish ject expressed in the title of the Act to beprocedures for verifying whether the state- referred.ment of sponsorship contains the required (b) Each sheet of signatures on an initi-number of signatures of electors. ative or referendum petition shall: (3) The secretary shall date and time (A) Contain a notice describing thestamp the prospective petition and specify meaning of the color of the signature sheetthe form on which the initiative or referen- in accordance with ORS 250.052; anddum petition shall be printed for circulation (B) If one or more persons will be paidas provided in ORS 250.052. The secretary for obtaining signatures of electors on theshall retain the prospective petition. petition, contain a notice stating: “Some (4) The chief petitioner may amend the Circulators For This Petition Are Beingstate measure to be initiated that has been Paid.” The notice shall be in boldfaced typefiled with the secretary without filing an- and shall be prominently displayed on theother prospective petition, if: sheet.Title 23 Page 58 (2007 Edition)
  • 61. INITIATIVE AND REFERENDUM 250.048 (c) The secretary by rule shall adopt a identification theft, information relating tomethod of designation to distinguish signa- the circumstances of the conviction as re-ture sheets of referendum petitions contain- quired by the secretary;ing the same subject reference and being (f) A statement signed by the applicantcirculated during the same period. acknowledging that the applicant has read (8) The reverse side of the cover of an and understands Oregon law applicable toinitiative or referendum petition shall be the gathering of signatures on state initi-used for obtaining signatures on the initi- ative, referendum and recall petitions, as theative or referendum petition. law is summarized in the training program (9) Not more than 20 signatures on the established by the Secretary of State;signature sheet of the initiative or referen- (g) Evidence indicating that the applicantdum petition may be counted. The circulator has completed the training required by theshall certify on each signature sheet of the secretary by rule;initiative or referendum petition that thecirculator: (h) A photograph of the applicant; and (a) Witnessed the signing of the signature (i) A statement signed by a chief peti-sheet by each individual whose signature ap- tioner of each petition upon which the appli-pears on the signature sheet; and cant will gather signatures acknowledging that the chief petitioner is liable for vio- (b) Believes each individual is an elector. lations of law or rule committed by the per- (10) The person obtaining signatures on son obtaining signatures as provided in ORSthe petition shall carry at least one full and 260.561.correct copy of the measure to be initiated (3) If an applicant complies with subsec-or referred and shall allow any person to re- tion (2) of this section, not later than twoview a copy upon request of the person. [1979 business days after the applicant applies, thec.190 §144; 1979 c.345 §2; 1981 c.909 §2; 1983 c.514 §8; 1983c.756 §9; 1985 c.447 §1; 1985 c.808 §25; 1987 c.519 §1; 1989 secretary shall register the applicant and as-c.959 §3; 1992 c.1 §1; 1995 c.607 §26; 1997 c.846 §1; 1999 sign the applicant a registration number.c.262 §2; 1999 c.318 §27; 1999 c.793 §2; 2001 c.965 §4; 2005c.797 §36; 2007 c.159 §3; 2007 c.848 §8] (4) A person who has been convicted for a criminal offense involving fraud, forgery or 250.048 Registration and training for identification theft in any state during thepaid petition circulators; requirements; five-year period prior to the date of the ap-effect of failure to register; rules. (1) A plication may not apply for registration un-person may not pay money or other valuable der this section.consideration to another person for obtainingsignatures of electors on a state initiative, (5) If a person receives money or otherreferendum or recall petition, and a person valuable consideration for obtaining signa-may not receive money or other valuable tures of electors on a state initiative, refer-consideration for obtaining signatures of endum or recall petition and the person waselectors on a state initiative, referendum or not registered as required under this sectionrecall petition, unless the person obtaining at the time the signatures were obtained, thethe signatures: secretary may not count the signatures un- der ORS 250.105 or ORS chapter 249 for (a) Registers with the Secretary of State purposes of determining whether the petitionin the manner prescribed by this section and contains the required number of signaturesby rule of the secretary; and of electors. (b) Completes the training program pre- (6) A person registered under this sectionscribed by rule of the secretary. shall carry evidence of registration with the (2) A person may apply to the secretary person while the person is obtaining signa-for a registration required under subsection tures on a state initiative, referendum or re-(1) of this section. The application shall in- call petition. The evidence of registrationclude: shall contain the photograph and registration (a) The full name and any assumed name number of the person. The secretary by ruleof the applicant; shall designate the form of the evidence of registration. (b) The residential street address of theapplicant; (7) A photograph of an applicant submit- ted under subsection (2) of this section shall: (c) An example of the signature of theapplicant; (a) Be a conventional photograph with a plain background; (d) A list of the initiative, referendumand recall petitions on which the applicant (b) Show the face or the face, neck andwill gather signatures; shoulders of the applicant; and (e) If the applicant has been convicted for (c) Be prepared and processed for print-a criminal offense involving fraud, forgery or ing as prescribed by the secretary.Title 23 Page 59 (2007 Edition)
  • 62. 250.052 ELECTIONS (8) The secretary shall adopt rules neces- 250.045 for a state recall petition or statesary to implement this section, including referendum petition.rules: (5) Not later than five business days after (a) Establishing procedures for register- the deadline for the secretary to issue tem-ing persons who may be paid money or other plates under subsection (4) of this section, avaluable consideration for obtaining signa- chief petitioner of a state initiative, referen-tures of electors on state initiative, referen- dum or recall petition may submit to thedum or recall petitions; and secretary a written request for modification (b) Establishing a training program for of the templates. The secretary shall approvepersons who may be paid money or other or disapprove the request not later than fivevaluable consideration for obtaining signa- business days after receiving the request. Iftures of electors on state initiative, referen- the secretary disapproves the request, thedum or recall petitions. [2007 c.848 §2] secretary shall advise the chief petitioner in writing of the reasons for the disapproval. 250.050 [Repealed by 1957 c.608 §231] (6) In addition to the templates prepared 250.052 Official templates of cover and under subsections (1) to (5) of this section,signature sheets; electronic template; for each state initiative, referendum or recallrules. (1) For each state initiative, referen- petition, the secretary shall prepare an offi-dum or recall petition, the Secretary of State cial electronic template of a signature sheetshall prepare official templates of the cover for the petition. A template prepared underand signature sheets for the petition. Except this subsection shall allow space for the sig-as provided in this section, templates of nature of one elector. An elector may printcover and signature sheets for state initiative a copy of the electronic signature sheet forand referendum petitions are subject to the a petition, sign the sheet and deliver therequirements of ORS 250.045. The templates signed sheet to a chief petitioner or an agentof signature sheets to be used by persons designated by a chief petitioner. Electronicwho are being paid to obtain signatures on templates described in this subsection arethe petition shall be a different color from subject to the requirements of ORS 250.045,the sheets to be used by persons who are not other than ORS 250.045 (5), (8) and (9).being paid to obtain signatures on the peti-tion. (7) The secretary shall adopt rules pre- scribing the contents and method of produc- (2) A person obtaining signatures on a tion of official templates required under thisstate initiative, referendum or recall petitionmay use only the cover and signature sheets section. [2007 c.848 §3]contained in the official templates prepared 250.055 [1979 c.675 §3; 1981 c.145 §1; renumberedfor the petition. A person who is being paid 250.039]to obtain signatures on the petition shall use 250.060 [Repealed by 1957 c.608 §231]the signature sheet template designated for 250.065 Preparation of ballot titles foruse by persons being paid to obtain signa- certain state measures. (1) When a pro-tures. A person who is not being paid to ob- spective petition for a state measure to betain signatures on the petition shall use the referred is filed with the Secretary of State,signature sheet template designated for useby persons who are not being paid to obtain the secretary shall authorize the circulationsignatures. of the petition using the final measure sum- mary of the latest version of the printed, en- (3) The secretary shall issue templates grossed measure in lieu of the ballot title.for a petition only to a chief petitioner of the On the next business day after the referen-petition or to an agent designated by a chief dum petition has been filed containing thepetitioner. required number of verified signatures, the (4) The secretary shall issue official tem- Secretary of State shall send two copies ofplates to a chief petitioner or designated the prospective petition to the Attorneyagent not later than: General. (a) Three business days after the deadline (2) When an approved prospective peti-for filing a petition under ORS 250.085 relat- tion for a state measure to be initiated ising to a ballot title certified by the Attorney filed with the Secretary of State, the secre-General for the state initiative petition or, if tary immediately shall send two copies of ita petition is filed with the Supreme Court to the Attorney General.under ORS 250.085, three business days after (3) Not later than the fifth business daythe Supreme Court certifies to the Secretary after receiving the copies of the prospectiveof State a ballot title for the state initiative petition for a state measure to be initiated,petition; or the Attorney General shall provide a draft (b) Three business days after a prospec- ballot title for the state measure to be initi-tive petition is filed under ORS 249.865 or ated and return one copy of the prospectiveTitle 23 Page 60 (2007 Edition)
  • 63. INITIATIVE AND REFERENDUM 250.085petition and the ballot title to the Secretary section (2) of this section is the title to beof State. printed in the voters′ pamphlet and on the (4) Not later than the 10th business day ballot.after receiving the copies of the prospective (4) If a petition is filed with the Supremepetition for a state measure to be referred, Court as provided in ORS 250.085, the Secre-the Attorney General shall provide a draft tary of State shall file with the Supremeballot title for the state measure to be re- Court a copy of the written comments re-ferred and return one copy of the prospective ceived as part of the record on review of thepetition and the draft ballot title to the Sec- ballot title.retary of State. [Formerly 254.055; 1985 c.447 §2; (5) The secretary by rule shall specify the2005 c.797 §37; 2007 c.848 §9] means for providing reasonable statewide 250.067 Notice of draft ballot title; notice for submitting comments on a draftwritten comments; certification of title; ballot title.correction of clerical errors; rules. (1) The (6) As used in this section, “clericalSecretary of State, upon receiving a draft error” means a typographical, arithmeticalballot title from the Attorney General under or grammatical error or omission that is evi-ORS 250.065 or 250.075, shall provide reason- dent from the text of the draft or certifiedable statewide notice of having received the ballot title or by comparison of the text ofdraft ballot title and of the public′s right to the draft or certified ballot title with a writ-submit written comments as provided in this ten explanation that was provided by the At-section. Written comments concerning a torney General and issued concurrently withdraft ballot title may be submitted to the the draft or certified ballot title. [1985 c.447secretary not later than the 10th business §5; 1989 c.503 §5; 2001 c.802 §1; 2005 c.797 §38; 2007 c.159day after the secretary receives the draft ti- §1; 2007 c.848 §10]tle from the Attorney General. On the next 250.070 [Amended by 1957 c.608 §123; 1961 c.121 §6;business day after the deadline for submit- 1979 c.190 §234; renumbered 254.107]ting comments, the secretary shall send acopy of all written comments to the Attorney 250.075 Preparation of ballot titles byGeneral. The secretary shall maintain a re- Legislative Assembly. (1) When the Legis-cord of written comments received. lative Assembly refers a measure to the peo- ple, a ballot title for the measure may be (2)(a) If written comments are submitted prepared by the assembly. The ballot titleto the secretary under subsection (1) of this shall be filed with the Secretary of Statesection, the Attorney General shall consider when the measure is filed with the Secretarythe comments and certify to the secretary of State.either the draft ballot title or a revised ballottitle not later than the 10th business day af- (2) If the title is not prepared under sub-ter receiving the comments from the secre- section (1) of this section, when the measuretary. is filed with the Secretary of State, the sec- retary shall send two copies of the referred (b) If no written comments are submitted measure to the Attorney General. Not laterto the secretary, the Attorney General shall than the 30th day after the Legislative As-certify the draft ballot title not later than sembly adjourns, the Attorney General shallthe 20th business day after the secretary re- provide a draft ballot title for the measure.ceives the draft title from the Attorney Gen- The Attorney General shall send a copy oferal. If the Attorney General determines that the draft ballot title to each member of thea draft ballot title described in this para- Legislative Assembly, and file with the Sec-graph contains a clerical error, the Attorney retary of State a copy of the referred meas-General may correct the error before certi- ure and the draft ballot title and a certificatefying the corrected draft ballot title to thesecretary. of mailing of the draft ballot title to each member. [Formerly 254.073; 1985 c.447 §3; 1995 c.607 (c) If the Attorney General determines §27]that a ballot title certified under this sub- 250.080 [Amended by 1979 c.190 §242; renumberedsection contains a clerical error, the Attor- 254.185]ney General may correct the error andcertify to the secretary a corrected ballot ti- 250.085 Procedure for elector dissatis-tle not later than the 10th business day after fied with ballot title of state measure;the date the ballot title was certified. Supreme Court review of title. (1) Any elector dissatisfied with a ballot title pre- (d) The secretary shall furnish the chief pared by the Legislative Assembly for apetitioner with a copy of each ballot title measure referred to the people by the as-certified under this subsection. sembly and filed with the Secretary of State (3) Unless the Supreme Court certifies a may petition the Supreme Court seeking adifferent ballot title, the latest ballot title different title. The petition shall state thecertified by the Attorney General under sub- reasons that the title filed with the SecretaryTitle 23 Page 61 (2007 Edition)
  • 64. 250.095 ELECTIONSof State does not substantially comply with (9) Not later than five business days afterthe requirements of ORS 250.035. the Supreme Court refers a ballot title to the (2) Any elector dissatisfied with the lat- Attorney General under this section, the At-est ballot title for an initiated or referred torney General shall file a modified ballot ti-measure certified by the Attorney General tle with the Supreme Court and serve copiesand who timely submitted written comments of the modified ballot title on all parties toon the draft ballot title may petition the Su- the ballot title review proceeding. If no partypreme Court seeking a different title. The to the ballot title review proceeding files anpetition shall state the reasons that the title objection to the modified ballot title withinfiled with the Secretary of State does not five business days after the date the modifiedsubstantially comply with the requirements ballot title is filed, the Supreme Court shallof ORS 250.035. certify the modified ballot title to the Secre- tary of State and enter an appellate judgment (3) The petition shall name the Attorney the next judicial day. If any of the parties toGeneral as the respondent and must be filed: the ballot title review proceeding timely files (a) Not later than the 10th business day a petition objecting to the modified ballot ti-after the Attorney General certifies a ballot tle, the Supreme Court shall review thetitle or a corrected ballot title to the Secre- modified ballot title to determine whethertary of State, whichever is later; or the modified ballot title substantially com- plies with the requirements of ORS 250.035. (b) If the title is provided by the Legisla-tive Assembly under ORS 250.075, not later (10) Upon the filing of a petition underthan the 10th business day after the Legisla- subsection (9) of this section objecting to ative Assembly files the ballot title with the modified ballot title:Secretary of State. (a) If the Supreme Court determines that (4) An elector filing a petition under this the modified ballot title substantially com-section shall notify the Secretary of State in plies with the requirements of ORS 250.035,writing that the petition has been filed. The the court shall certify the modified ballot ti-notice must be received in the office of the tle to the Secretary of State; orSecretary of State not later than 5 p.m. on (b) If the Supreme Court determines thatthe next business day following the day the the modified ballot title does not substan-petition is filed. tially comply with the requirements of ORS (5) The Supreme Court shall review the 250.035, the court shall modify the ballot titletitle for substantial compliance with the re- and certify the ballot title to the Secretaryquirements of ORS 250.035. of State or refer the modified ballot title to the Attorney General for additional modifi- (6) When reviewing a title certified by cation and further proceedings under subsec-the Attorney General, the Supreme Court tion (9) of this section. [Formerly 254.077; 1983shall not consider arguments concerning the c.514 §9; 1985 c.447 §6; 1987 c.519 §2; 1989 c.503 §6; 1993ballot title not presented in writing to the c.493 §96; 1995 c.534 §2; 2001 c.802 §2; 2007 c.159 §2]Secretary of State unless the court deter- 250.090 [Amended by 1957 c.608 §124; 1979 c.190 §243;mines that the argument concerns language renumbered 254.195]added to or removed from the draft title afterexpiration of the comment period provided in 250.095 State measures affecting aORS 250.067. county or district. A law enacted by the Legislative Assembly relating only to a (7) The review by the Supreme Court county or district may be referred by theshall be conducted expeditiously to ensure Legislative Assembly or by petition to thethe orderly and timely circulation of the pe- people of the county or district. The per-tition or conduct of the election at which themeasure is to be submitted to the electors. centage of signatures required under section 1, Article IV, Oregon Constitution, for a ref- (8) If the Supreme Court determines that erendum petition filed under this sectionthe latest ballot title certified by the Attor- shall be based on the vote for Governorney General or prepared by the Legislative within the county or district. [1979 c.190 §148]Assembly substantially complies with the re- 250.100 [Repealed by 1957 c.608 §231]quirements of ORS 250.035, the court shallcertify the title to the Secretary of State. If 250.105 Filing officer; consideration ofthe Supreme Court determines that the latest signatures on prospective petition; filingballot title certified by the Attorney General requirements; signature verification;or prepared by the Legislative Assembly does rules. (1)(a) An initiative or referendum pe-not substantially comply with the require- tition relating to a state measure must bements of ORS 250.035, the court shall modify filed with the Secretary of State for the pur-the ballot title and certify the ballot title to pose of verifying whether the petition con-the Secretary of State or refer the ballot title tains the required number of signatures ofto the Attorney General for modification. electors.Title 23 Page 62 (2007 Edition)
  • 65. INITIATIVE AND REFERENDUM 250.125 (b) Signatures on a prospective petition (6) When verifying signatures for a statefor a state measure to be initiated shall be initiative or referendum petition, the secre-considered under this section for the purpose tary or county clerk shall identify on anof verifying whether the initiative petition elector′s voter registration record or othercontains the required number of signatures database that the elector signed the specificof electors. initiative or referendum petition. (c) When filing an initiative or referen- (7) The Secretary of State may employdum petition, the chief petitioner shall sort professional assistance to determine thethe signature sheets on the basis of the name sampling technique to be designated underof the person who obtained the signatures on subsection (4) of this section. [1979 c.190 §149;the sheet. 1985 c.447 §7; 1989 c.68 §6; 1999 c.1021 §1; 2007 c.848 §11] 250.110 [Amended by 1953 c.632 §6; 1957 c.608 §126; (d) The secretary shall adopt rules estab- 1961 c.170 §2; subsection (7) enacted as 1967 c.26 §4; 1977lishing procedures for verifying signatures on c.508 §6; 1979 c.190 §237; renumbered 254.135]an initiative or referendum petition. 250.115 Numbering of state measures. (e) The filed initiative or referendum pe- (1) The Secretary of State shall number thetition must contain only original signatures. measures to be voted on in the state at largeThe secretary or county clerk shall verify consecutively and shall not repeat any num-each petition in the order in which the pe- ber in any subsequent election. For eachtitions are filed with the secretary. election, the numbers assigned shall begin (2) The secretary may not accept an ini- with the number after the last number as-tiative or referendum petition relating to a signed under this section at the previousstate measure for filing if the petition con- election. The measures shall be assignedtains less than 100 percent of the required numbers in the order in which the measuresnumber of signatures. are filed with the secretary. (3) If an initiative or referendum petition (2) The Secretary of State shall numberis submitted not less than 165 days before state measures not referred to under subsec-the election at which the proposed measure tion (1) of this section consecutively, begin-is to be voted upon and if the secretary de- ning with the number after the last numbertermines that insufficient signatures have assigned under subsection (1) of this section,been submitted but the deadline for filing the in the order in which the measures are filedpetition has not passed, the petitioners may with the secretary. [1979 c.190 §150; 1993 c.493 §14; 2001 c.267 §1]submit additional signatures. 250.120 [Amended by 1953 c.632 §6; repealed by 1957 (4) The secretary by rule shall designate c.608 §231]a statistical sampling technique to verify 250.121 [1957 c.608 §130; 1961 c.68 §2; 1979 c.190 §244;whether a petition contains the required renumbered 254.205]number of signatures of electors. A petition 250.125 Estimate of financial impactmay not be rejected for the reason that it of state measures; financial estimatecontains less than the required number of committee. (1) When a state measure in-signatures unless two separate sampling volves expenditure of public moneys by theprocesses both establish that the petition state, reduction of expenditure of publiclacks the required number of signatures. The moneys by the state, reduction of state re-second sampling must contain a larger num- venues or raising of funds by the state byber of signatures than the first sampling. If imposing any tax or incurring any indebted-two samplings are required under this sub- ness, the financial estimate committee cre-section, the total number of signatures veri- ated under this section shall estimate:fied on the petition shall be not less than (a) The amount of direct expenditure, di-five percent of the total number of signatures rect reduction of expenditure, direct re-on the petition. duction in state revenues, direct tax revenue (5) For purposes of estimating the num- or indebtedness and interest that will be re-ber of duplicate signatures contained in a quired to meet the provisions of the measurepetition, the secretary shall apply at least an if it is enacted; andeight percent duplication rate in the first (b) The aggregate amount of direct ex-sampling of signatures on all petitions. If a penditure, direct reduction of expenditure,second sampling of signatures is required direct reduction in revenues, direct tax re-under subsection (4) of this section, the sec- venue or indebtedness and interest that willretary shall calculate an estimated signature be required by any city, county or district toduplication rate for each petition for which meet the provisions of the measure if it isa second sampling is required. The calcu- enacted.lation shall be based on the number of elec- (2) For a state measure for which an es-tors the secretary determines have signed a timate is required to be prepared under sub-specific petition more than once. section (1) of this section, the financialTitle 23 Page 63 (2007 Edition)
  • 66. 250.127 ELECTIONSestimate committee may also estimate the debtedness will not exceed $100,000, theamount of direct expenditure, direct re- committee shall prepare and file with theduction of expenditure, direct reduction in Secretary of State a statement declaring thatrevenues, direct tax revenue or indebtedness the measure will have no financial effect orand interest that will result for the state or that the financial effect will not exceedany city, county or district if the measure is $100,000. The statement shall be printed innot enacted. The financial estimate commit- the voters′ pamphlet and on the ballot.tee may make an estimate under this sub- (6) In addition to the estimates describedsection if the Legislative Assembly has in subsections (1) and (2) of this section, ifenacted a law that will apply only if the the financial estimate committee considers itmeasure for which the estimate is prepared necessary, the committee may prepare andis not enacted. file with the Secretary of State an impartial, (3) For a state measure for which an es- simple and understandable statement ex-timate is required to be prepared under sub- plaining the financial effects of the measure.section (1) of this section, the financial The statement may not exceed 500 words.estimate committee shall consult with the The statement shall be printed in the voters′Legislative Revenue Officer to determine if pamphlet with the measure to which it re-the measure has potentially significant indi- lates.rect economic or fiscal effects. If the com- (7) The Legislative Administration Com-mittee determines that the indirect economic mittee shall provide any administrative staffor fiscal effects of the measure are signif- assistance required by the financial estimateicant and can be estimated, the Legislative committee to facilitate the work of the fi-Revenue Officer shall prepare on behalf of nancial estimate committee under this sec-the committee an impartial estimate of the tion or ORS 250.127.indirect economic or fiscal effects of themeasure. The Legislative Revenue Officer (8) The financial estimate committee isshall use the best available economic models created, consisting of the Secretary of State,and data to produce the estimate. The finan- the State Treasurer, the Director of the Ore-cial estimate committee shall incorporate gon Department of Administrative Services,relevant parts of the estimate prepared by the Director of the Department of Revenuethe Legislative Revenue Officer into the es- and a representative of a city, county or dis-timate prepared by the committee under sub- trict with expertise in local government fi-section (1) of this section. nance. The representative of a city, county or district shall be selected by the four other (4) Except as provided in subsection (5) members of the financial estimate committeeof this section, the estimates described in and shall serve for a term of two years thatsubsections (1) and (2) of this section shall begins on March 1 of the odd-numbered year.be printed in the voters′ pamphlet and on the [Formerly 254.180; 1987 c.724 §6; 1991 c.971 §1; 1993 c.493ballot. The estimates shall be impartial, sim- §15; 1999 c.844 §1; 2005 c.633 §1]ple and understandable and shall include thefollowing information: 250.127 Preparation and filing of esti- mates and statements of financial impact (a) A statement of the amount of finan- of state measure. (1) Not later than thecial effect on state or local government ex- 99th day before a special election held on thependitures, revenues or indebtedness, date of a primary election or any generalexpressed as a specific amount or as a range election at which any state measure is to beof amounts; submitted to the people, the financial esti- (b) A statement of any recurring annual mate committee created under ORS 250.125amount of financial effect on state or local shall prepare and file with the Secretary ofgovernment expenditures, revenues or in- State the estimates described in ORS 250.125debtedness; and, if the committee considers it necessary, a statement explaining the financial effects (c) A description of the most likely fi- of the measure as described in ORS 250.125nancial effect or effects of the adoption of (6). The financial estimate committee maythe measure; and begin preparation of the estimates and state- (d) If an estimate is made under subsec- ment on the date that a petition is acceptedtion (2) of this section, a description of the for verification of signatures under ORSmost likely financial effect or effects if the 250.105 or the date that a measure referredmeasure is not enacted. by the Legislative Assembly is filed with the (5) If the financial estimate committee Secretary of State, whichever is applicable.determines that the measure will have no fi- (2) Not later than the 95th day before thenancial effect on state or local government election, the Secretary of State shall hold aexpenditures, revenues or indebtedness or hearing in Salem upon reasonable statewidethat the financial effect on state or local notice to receive suggested changes to thegovernment expenditures, revenues or in- estimates or statement or to receive otherTitle 23 Page 64 (2007 Edition)
  • 67. INITIATIVE AND REFERENDUM 250.135information. At the hearing any person may 250.131 Court review of proceduressubmit suggested changes or other informa- under which estimates and statements oftion orally or in writing. Written suggestions financial impact of state measure wereor other information also may be submitted prepared. (1) Any person alleging that anat any time before the hearing. estimate or statement described in ORS (3) The financial estimate committee 250.125 was prepared, filed or certified in vi-shall consider suggestions and any other in- olation of the procedures specified in ORSformation submitted under subsection (2) of 250.125 or 250.127 may petition the Supremethis section, and may file revised estimates Court seeking that the required proceduresor a revised statement with the Secretary of be followed and stating the reasons the esti-State not later than the 90th day before the mate or statement filed with the court doeselection. not satisfy the required procedures. A peti- tion is not allowed concerning the contents (4) Except as provided in subsection (5) of the estimate or statement or whether anof this section, the original estimates and estimate or statement should be prepared.statement and any revised estimates orstatement shall be approved by a majority of (2) If the petition is filed not later thanthe members of the financial estimate com- the 85th day before the election at which themittee. If a member does not concur, the es- measure is to be voted upon, the court shalltimates or statement shall show only that review the procedures under which the esti-the member dissents. The Secretary of State mate or statement was prepared, filed andshall certify final estimates and a final certified, hear arguments and determinestatement not later than the 90th day before whether the procedures required under ORSthe election at which the measure is to be 250.125 and 250.127 were satisfied. The re-voted upon. All estimates and statements view by the Supreme Court shall be con-prepared under ORS 250.125 and this section ducted expeditiously to ensure the orderlyshall be made available to the public. and timely conduct of the election at which the measure is to be submitted to the elec- (5) If a majority of the members of the tors.financial estimate committee do not approvethe estimates or statement, the Secretary of (3) If the court determines that the pro-State alone shall prepare, file and certify the cedures described in ORS 250.125 and 250.127estimates or statement not later than the were not satisfied, the court shall order the88th day before the election at which the preparation of a second estimate or state-measure is to be voted upon with the data ment, to be prepared, filed and certified asupon which the estimates or statement is provided in ORS 250.125 and 250.127 exceptbased. that: (6) The support or opposition of any (a) The financial estimate committee cre-member of the financial estimate committee ated under ORS 250.125 shall prepare and fileto the original or revised estimates or state- with the Secretary of State an estimate orment shall be indicated in the minutes of any statement not later than two days followingmeeting of the committee. Meetings of the the decision of the court;financial estimate committee shall be open to (b) A hearing shall be held within twothe public. Designees of the members of the days after the estimate or statement is filed;financial estimate committee may attend any andmeetings of the committee in the place of themembers, but the designees may not vote to (c) An estimate or statement shall beapprove or oppose any estimates or state- certified not later than seven days after thement. decision of the court. The procedures under which the second estimate or statement is (7) A failure to prepare, file or certify filed and certified may not be appealed. [1991estimates or a statement under ORS 250.125, c.971 §4; 2005 c.633 §3]this section or ORS 250.131 does not preventthe inclusion of the measure in the voters′ 250.135 Retention of petition materi-pamphlet or placement of the measure on the als. The Secretary of State shall retain theballot. signature sheets of a filed initiative or refer- (8) If the estimates are not delivered to endum petition with a copy of the statethe county clerk by the 61st day before the measure. If the measure is approved by theelection, the county clerk may proceed with people, the signature sheets and copy of thethe printing of ballots. The county clerk is measure shall be bound with a certified copynot required to reprint ballots to include the of the Governor′s proclamation declaring theestimates or to provide supplemental infor- measure approved. A copy of the measuremation that includes the estimates. [1991 c.971 and the Governor′s proclamation shall be§3; 1993 c.493 §16; 1995 c.712 §33; 1999 c.318 §19; 2001 preserved as a permanent public record. Thec.965 §8; 2005 c.633 §2] signature sheets shall be preserved for six 250.130 [Repealed by 1957 c.608 §231] years. [1979 c.190 §152]Title 23 Page 65 (2007 Edition)
  • 68. 250.155 ELECTIONS 250.140 [Amended by 1957 c.608 §127; repealed by (a) Any person is being paid for obtaining1979 c.190 §431] signatures, when the statement included with 250.145 [1953 c.58 §1; 1955 c.52 §1; 1969 c.104 §1; re- the prospective petition declared that nopealed by 1979 c.190 §431] such person would be paid. 250.150 [Amended by 1957 c.608 §128; 1961 c.74 §2;1967 c.340 §2; 1979 c.190 §245; renumbered 254.215] (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or COUNTY MEASURES more such persons would be paid. 250.155 Application of subchapter. (1) (4)(a) Each sheet of signatures on an ini-ORS 250.165 to 250.235 carry out the pro- tiative petition shall contain the caption ofvisions of section 10, Article VI, Oregon the ballot title. Each sheet of signatures onConstitution, and shall apply to the exercise a referendum petition shall contain the num-of initiative or referendum powers regarding ber of the ordinance or resolution to be re-a county measure, unless the county charter ferred, if any, and the date it was adopted byor ordinance provides otherwise. the county governing body. (2) ORS 250.165 to 250.235 apply to the (b) Each sheet of signatures on an initi-exercise of initiative or referendum powers ative or referendum petition shall, if one orregarding a county measure in a county that more persons will be paid for obtaining sig-has not adopted a charter under section 10, natures of electors on the petition, containArticle VI, Oregon Constitution. [1979 c.190 a notice stating: “Some Circulators For This§153] Petition Are Being Paid.” 250.160 [Repealed by 1957 c.608 §231] (5) The reverse side of the cover of an 250.161 [1957 c.608 §131; 1979 c.190 §240; renumbered initiative or referendum petition shall be254.165] used for obtaining signatures on an initiative 250.165 Prospective petition; cover and or referendum petition.signature sheet requirements; annual (6) Not more than 20 signatures on thestatement. (1) Before circulating a petition signature sheet of the initiative or referen-to initiate or refer a county measure, the dum petition shall be counted. The circulatorpetitioner shall file with the county clerk a shall certify on each signature sheet that theprospective petition. The county clerk imme- circulator:diately shall date and time stamp the pro-spective petition, and specify the form on (a) Witnessed the signing of the signaturewhich the petition shall be printed for circu- sheet by each individual whose signature ap-lation. The clerk shall retain the prospective pears on the signature sheet; andpetition. (b) Believes each individual is an elector (2) The cover of an initiative or referen- registered in the county.dum petition shall designate the name and (7) If the gathering of signatures exceedsresidence address of not more than three the period of one year from the time the pe-persons as chief petitioners and shall contain tition is approved for circulation, any of theinstructions for persons obtaining signatures chief petitioners, on or before each anniver-of electors on the petition. The instructions sary of approval of the petition for circu-shall be adopted by the Secretary of State by lation, shall file with the county clerk arule. The cover of a referendum petition statement that the initiative petition is stillshall contain the title described in ORS active.250.175 (1). If the circuit court has not re- (8) Not later than 30 days before the dateviewed the ballot title under ORS 250.195, that the chief petitioners must file a state-the cover of an initiative petition shall con- ment under subsection (7) of this section, thetain the ballot title described in ORS 250.175 county clerk shall notify the chief petitioners(3). If the circuit court has reviewed the bal- in writing of the requirements of subsectionlot title, the cover of the initiative petition (7) of this section. The notice shall be sentshall contain the title certified by the court. by certified mail, return receipt requested. (3) The chief petitioners shall include (9) A county clerk may not accept forwith the prospective petition a statement de- filing any petition which has not met theclaring whether one or more persons will be provisions of subsection (7) of this section.paid money or other valuable considerationfor obtaining signatures of electors on the (10) The person obtaining signatures oninitiative or referendum petition. After the the petition shall carry at least one full andprospective petition is filed, the chief peti- correct copy of the measure to be initiatedtioners shall notify the filing officer not later or referred and shall allow any person to re-than the 10th day after any of the chief pe- view a copy upon request of the person. [1979 c.190 §154; 1981 c.909 §3; 1983 c.756 §10; 1991 c.106 §1;titioners first has knowledge or should have 1992 c.1 §2; 1995 c.607 §28; 1997 c.846 §2; 1999 c.318 §28;had knowledge that: 2001 c.965 §5; 2005 c.797 §39; 2007 c.848 §16]Title 23 Page 66 (2007 Edition)
  • 69. INITIATIVE AND REFERENDUM 250.195 250.168 Determination of compliance copies of the prospective petition to the dis-with constitutional provisions; notice; trict attorney.appeal. (1) Not later than the fifth business (2) Not later than the sixth business dayday after receiving a prospective petition for after a prospective petition for a countyan initiative measure, the county clerk shall measure to be initiated is filed with thedetermine in writing whether the initiative county clerk, the clerk shall send two copiesmeasure meets the requirements of section 1 of it to the district attorney if the measure(2)(d), Article IV, and section 10, Article VI to be initiated has been determined to be inof the Oregon Constitution. compliance with section 1 (2)(d), Article IV, (2) If the county clerk determines that and section 10, Article VI of the Oregonthe initiative measure meets the require- Constitution, as provided in ORS 250.168.ments of section 1 (2)(d), Article IV, and (3) Not later than the fifth business daysection 10, Article VI of the Oregon Consti- after receiving the copies of the prospectivetution, the clerk shall proceed as required in petition, and notwithstanding ORS 203.145ORS 250.175. The clerk shall include in the (3), the district attorney shall prepare a bal-publication required under ORS 250.175 (5) a lot title for the county measure to be initi-statement that the initiative measure has ated or referred and return one copy of thebeen determined to meet the requirements of prospective petition and the ballot title tosection 1 (2)(d), Article IV, and section 10, the county clerk. Unless the circuit courtArticle VI of the Oregon Constitution. certifies a different title, this ballot title (3) If the county clerk determines that shall be the title printed on the ballot.the initiative measure does not meet the re- (4) A copy of the ballot title shall be fur-quirements of section 1 (2)(d), Article IV, and nished to the chief petitioner.section 10, Article VI of the Oregon Consti-tution, the clerk shall immediately notify the (5) The county clerk, upon receiving apetitioner, in writing by certified mail, re- ballot title for a county measure to be re-turn receipt requested, of the determination. ferred or initiated from the district attorney or the county governing body, shall publish (4) Any elector dissatisfied with a deter- in the next available edition of a newspapermination of the county clerk under subsec- of general circulation in the county a noticetion (1) of this section may petition the of receipt of the ballot title including noticecircuit court of the judicial district in which that an elector may file a petition for reviewthe county is located seeking to overturn the of the ballot title not later than the date re-determination of the clerk. If the elector is ferred to in ORS 250.195. [1979 c.190 §155; 1983dissatisfied with a determination that the in- c.567 §12; 1985 c.808 §26; 1987 c.707 §8; 1991 c.719 §21;itiative measure meets the requirements of 2005 c.797 §41]section 1 (2)(d), Article IV, and section 10, 250.180 [Repealed by 1957 c.608 §231]Article VI of the Oregon Constitution, the 250.185 Preparation of ballot titles bypetition must be filed not later than the sev- county governing body. (1) When theenth business day after the ballot title is county governing body refers a measure tofiled with the clerk. If the elector is dissat- the people, a ballot title for the measure mayisfied with a determination that the initiative be prepared by the body. The measure andmeasure does not meet the requirements of the ballot title prepared under this subsec-section 1 (2)(d), Article IV, and section 10, tion shall be filed at the same time with theArticle VI of the Oregon Constitution, the county clerk.petition must be filed not later than the sev-enth business day after the written determi- (2) If the title is not prepared under sub-nation is made by the clerk. section (1) of this section, when the measure is filed with the county clerk, the clerk shall (5) The review by the circuit court shall send two copies to the district attorney. Notbe the first and final review, and shall be later than the fifth business day after re-conducted expeditiously to ensure the orderly ceiving the copies the district attorney shalland timely circulation of the petition. [1991 provide a ballot title for the measure andc.719 §34; 2005 c.797 §40] send a copy of it to the county governing 250.170 [Repealed by 1957 c.608 §231] body and the county clerk. [1979 c.190 §156; 1983 250.175 Preparation of ballot titles for c.15 §3; 1985 c.808 §27]certain county measures; notice. (1) When 250.190 [Amended by 1957 c.608 §132; repealed bya prospective petition for a county measure 1979 c.190 §431]to be referred is filed with the county clerk, 250.195 Procedure for elector dissatis-the clerk shall authorize the circulation of fied with ballot title of county measure.the petition containing the title of the meas- (1) Any elector dissatisfied with a ballot titleure as enacted by the county governing body filed with the county clerk by the districtor, if there is no title, the title supplied by attorney or the county governing body, maythe petitioner filing the prospective petition. petition the circuit court of the judicial dis-The county clerk immediately shall send two trict in which the county is located seekingTitle 23 Page 67 (2007 Edition)
  • 70. 250.205 ELECTIONSa different title and stating the reasons the verification. The filed petition shall containtitle filed with the court is insufficient, not only original signatures.concise or unfair. The petition shall name as (2) An initiative or referendum petitionrespondent either the district attorney or relating to a county measure shall not becounty governing body, depending on who accepted for filing if it contains less than 100prepared the ballot title, and must be filed percent of the required number of signatures.not later than the seventh business day afterthe title is filed with the county clerk. The (3) For any petition requiring a numbercourt shall review the title and measure to of signatures exceeding 4,500, the Secretarybe initiated or referred, hear arguments, if of State by rule shall designate a statisticalany, and certify to the county clerk a title sampling technique to verify whether a peti-for the measure which meets the require- tion contains the required number of signa-ments of ORS 250.035. tures of electors. A petition may not be rejected for the reason that it contains less (2) An elector filing a petition under this than the required number of signatures un-section shall notify the county clerk in writ- less two separate sampling processes bothing that the petition has been filed. The no- establish that the petition lacks the requiredtice shall be given not later than 5 p.m. on number of signatures. The second samplingthe next business day following the day the must contain a larger number of signaturespetition is filed. than the first sampling. (3) The review by the circuit court shall (4) The Secretary of State may employbe the first and final review, and shall be professional assistance to determine theconducted expeditiously to insure the orderly sampling technique referred to in subsectionand timely circulation of the petition or con- (3) of this section. [1979 c.190 §159; 1989 c.68 §7;duct of the election at which the measure is 1991 c.580 §2]to be submitted to the electors. [1979 c.190 §157; 250.220 [Amended by 1957 c.608 §135; 1961 c.89 §2;1983 c.514 §9a; 1987 c.707 §9; 1989 c.503 §7; 1993 c.493 §97; repealed by 1979 c.190 §431]1995 c.534 §3] 250.200 [Amended by 1957 c.608 §133; 1961 c.89 §1; 250.221 Date of election. If an initiativerepealed by 1979 c.190 §431] or referendum petition contains the required number of verified signatures, the election 250.205 Filing and signature require- on the county measure shall be held on thements for nonhome rule counties. (1) This next available election date in ORS 203.085section applies to a county that has not that is not sooner than the 90th day after theadopted a charter under section 10, Article measure was filed with the county clerk.VI, Oregon Constitution. [1981 c.909 §4] (2) A referendum petition must be filed 250.225 [1963 c.345 §§5,6; 1979 c.190 §269; 1979 c.519not later than the 90th day after the adop- §29a; renumbered 254.475]tion of a nonemergency county measure. 250.226 [1979 c.190 §160; repealed by 1987 c.724 §7] (3) A petition to refer a county measure 250.230 [Amended by 1957 c.608 §136; 1979 c.190 §227;must contain at least the number of signa- 1979 c.317 §9; renumbered 254.035]tures of electors residing in the county that 250.235 Retention of petition materi-is equal to four percent of the total number als. The county clerk shall retain the signa-of votes cast in the county for all candidates ture sheets of a filed initiative or referendumfor Governor at the election at which a petition with a copy of the county measure.Governor is elected for a four-year term next If the measure is approved by the electors, apreceding the filing of the petition for verifi- copy of the measure shall be preserved as acation of signatures. permanent public record, and the signature (4) A petition to initiate a county meas- sheets shall be preserved for six years. [1979 c.190 §161]ure must contain at least the number of sig-natures of electors residing in the countyequal to six percent of the total number of CITY MEASURESvotes cast in the county for all candidates for 250.255 Application of subchapter. ORSGovernor at the election at which a Gover- 250.265 to 250.346 apply to the exercise ofnor is elected for a four-year term next pre- initiative or referendum powers regarding aceding the filing of the petition for city measure under section 1, Article IV,verification of signatures. [1979 c.190 §158; 1995 Oregon Constitution, unless the city charterc.607 §29] or ordinance provides otherwise. [1979 c.190 250.210 [Amended by 1957 c.608 §134; 1979 c.519 §19; §162]repealed by 1979 c.190 §431] 250.265 Prospective petition; cover and 250.215 Filing officer for county meas- signature sheet requirements; annualure; filing requirements; signature verifi- statement. (1) Before circulating a petitioncation. (1) An initiative or referendum to initiate or refer a city measure, the peti-petition relating to a county measure shall tioner shall file with the city elections offi-be filed with the county clerk for signature cer a prospective petition. The officerTitle 23 Page 68 (2007 Edition)
  • 71. INITIATIVE AND REFERENDUM 250.270immediately shall date and time stamp the (a) Witnessed the signing of the signatureprospective petition, and specify the form on sheet by each individual whose signature ap-which the petition shall be printed for circu- pears on the signature sheet; andlation. The officer shall retain the prospec- (b) Believes each individual is an electortive petition. registered in the city. (2) The cover of an initiative or referen- (7) If the gathering of signatures exceedsdum petition shall designate the name and the period of one year from the time the pe-residence address of not more than three tition is approved for circulation, any of thepersons as chief petitioners and shall contain chief petitioners, on or before the anniver-instructions for persons obtaining signatures sary of approval of the petition for circu-of electors on the petition. The instructions lation:shall be adopted by the Secretary of State byrule. The cover of a referendum petition (a) Shall file annually, with the cityshall contain the title described in ORS elections officer, a statement that the initi-250.275 (1). If the circuit court has not re- ative petition is still active; andviewed the ballot title under ORS 250.296, (b) May submit to the city elections offi-the cover of an initiative petition shall con- cer for verification any signatures gatheredtain the ballot title described in ORS 250.275 on the petition in the preceding year.(3). If the circuit court has reviewed the bal- (8) Not later than 30 days before the datelot title, the cover of the initiative petition that the chief petitioners must file a state-shall contain the title certified by the court. ment and submit signatures under subsection (3) The chief petitioners shall include (7) of this section, the city elections officerwith the prospective petition a statement de- shall notify the chief petitioners in writingclaring whether one or more persons will be of the requirements of subsection (7) of thispaid money or other valuable consideration section. The notice shall be sent by certifiedfor obtaining signatures of electors on the mail, return receipt requested.initiative or referendum petition. After the (9) A city elections officer shall not ac-prospective petition is filed, the chief peti- cept for filing any petition which has not mettioners shall notify the filing officer not later the provisions of subsection (7) of this sec-than the 10th day after any of the chief pe- tion.titioners first has knowledge or should havehad knowledge that: (10) The person obtaining signatures on the petition shall carry at least one full and (a) Any person is being paid for obtaining correct copy of the measure to be initiatedsignatures, when the statement included with or referred and shall allow any person to re-the prospective petition declared that no view a copy upon request of the person. [1979such person would be paid. 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; (b) No person is being paid for obtaining 2001 c.965 §6; 2007 c.848 §17]signatures, when the statement included withthe prospective petition declared that one or 250.270 Determination of compliancemore such persons would be paid. with constitutional provisions; notice; appeal. (1) Not later than the fifth business (4)(a) Each sheet of signatures on an ini- day after receiving a prospective petition fortiative petition shall contain the caption of an initiative measure, the city elections offi-the ballot title. Each sheet of signatures on cer shall determine in writing whether thea referendum petition shall contain the num- initiative measure meets the requirements ofber of the ordinance or resolution to be re- section 1 (2)(d) and (5), Article IV of the Or-ferred, if any, and the date it was adopted by egon Constitution.the city governing body. (2) If the city elections officer determines (b) Each sheet of signatures on an initi- that the initiative measure meets the re-ative or referendum petition shall, if one or quirements of section 1 (2)(d) and (5), Articlemore persons will be paid for obtaining sig- IV of the Oregon Constitution, the city elec-natures of electors on the petition, contain tions officer shall proceed as required ina notice stating: “Some Circulators For This ORS 250.275. The city elections officer shallPetition Are Being Paid.” include in the publication required under (5) The reverse side of the cover of an ORS 250.275 (5) a statement that the initi-initiative or referendum petition shall be ative measure has been determined to meetused for obtaining signatures on an initiative the requirements of section 1 (2)(d) and (5),or referendum petition. Article IV of the Oregon Constitution. (6) Not more than 20 signatures on the (3) If the city elections officer determinessignature sheet of the initiative or referen- that the initiative measure does not meet thedum petition shall be counted. The circulator requirements of section 1 (2)(d) and (5), Arti-shall certify on each signature sheet that the cle IV of the Oregon Constitution, the citycirculator: elections officer shall immediately notify theTitle 23 Page 69 (2007 Edition)
  • 72. 250.275 ELECTIONSpetitioner, in writing by certified mail, re- or city governing body, shall publish in theturn receipt requested, of the determination. next available edition of a newspaper of gen- (4) Any elector dissatisfied with a deter- eral distribution in the city a notice of re-mination of the city elections officer under ceipt of the ballot title including notice thatsubsection (1) of this section may petition an elector may file a petition for review ofthe circuit court of the judicial district in the ballot title not later than the date re-which the city is located seeking to overturn ferred to in ORS 250.296. [1979 c.190 §164; 1985 c.808 §28; 1987 c.707 §9a; 1991 c.719 §22; 2005 c.797 §43]the determination of the city elections offi-cer. If the elector is dissatisfied with a de- 250.285 Preparation of ballot titles bytermination that the initiative measure city governing body. (1) When the citymeets the requirements of section 1 (2)(d) governing body refers a measure to the peo-and (5), Article IV of the Oregon Constitu- ple, a ballot title for the measure may betion, the petition must be filed not later than prepared by the body. The ballot title shallthe seventh business day after the ballot title be filed with the city elections officer.is filed with the city elections officer. If the (2) If the title is not prepared under sub-elector is dissatisfied with a determination section (1) of this section, when the measurethat the initiative measure does not meet the is filed with the city elections officer, therequirements of section 1 (2)(d) and (5), Arti- officer shall send two copies to the city at-cle IV of the Oregon Constitution, the peti- torney. Not later than the fifth business daytion must be filed not later than the seventh after receiving the copies the city attorneybusiness day after the written determination shall provide a ballot title for the measure,is made by the city elections officer. and send a copy of it to the city governing (5) The review by the circuit court shall body and the city elections officer. [1979 c.190 §165; 1985 c.808 §29]be the first and final review, and shall beconducted expeditiously to ensure the orderly 250.290 [Amended by 1965 s.s. c.1 §1; repealed by 1971 c.767 §1]and timely circulation of the petition. [1991c.719 §36; 2005 c.797 §42] 250.295 [1971 c.767 §2; 1979 c.190 §395; renumbered 188.130] 250.275 Preparation of ballot titles for 250.296 Procedure for elector dissatis-certain city measures; notice. (1) When a fied with ballot title of city measure. (1)prospective petition for a city measure to be Any elector dissatisfied with a ballot titlereferred is filed with the city elections offi- filed with the city elections officer by thecer, the officer shall authorize the circu- city attorney or the city governing body, maylation of the petition containing the title of petition the circuit court of the judicial dis-the measure as enacted by the city governing trict in which the city is located seeking abody or, if there is no title, the title supplied different title and stating the reasons the ti-by the petitioner filing the prospective peti- tle filed with the court is insufficient, nottion. The city elections officer immediately concise or unfair. The petition shall name asshall send two copies of the prospective peti- respondent the city attorney or city govern-tion to the city attorney. ing body, depending on who prepared the (2) Not later than the sixth business day ballot title, and must be filed not later thanafter a prospective petition for a city meas- the seventh business day after the title isure to be initiated is filed with the city elec- filed with the city elections officer. Thetions officer, the officer shall send two copies court shall review the title and measure toof it to the city attorney if the measure to be initiated or referred, hear arguments, ifbe initiated has been determined to be in any, and certify to the city elections officercompliance with section 1 (2)(d) and (5), Ar- a title for the measure which meets the re-ticle IV of the Oregon Constitution, as pro- quirements of ORS 250.035.vided in ORS 250.270. (2) An elector filing a petition under this (3) Not later than the fifth business day section shall notify the city elections officerafter receiving the copies of the prospective in writing that the petition has been filed.petition, the city attorney shall provide a The notice shall be given not later than 5ballot title for the city measure to be initi- p.m. on the next business day following theated or referred and return one copy of the day the petition is filed.prospective petition and the ballot title to (3) The review by the circuit court shallthe city elections officer. Unless the circuit be the first and final review, and shall becourt certifies a different title, this ballot ti- conducted expeditiously to insure the orderlytle shall be the title printed on the ballot. and timely circulation of the petition or con- (4) A copy of the ballot title shall be fur- duct of the election at which the measure isnished to the chief petitioner. 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 (5) The city elections officer, upon re- §98; 1995 c.534 §4]ceiving a ballot title for a city measure to be 250.300 [Amended by 1979 c.190 §396; renumberedreferred or initiated from the city attorney 188.310]Title 23 Page 70 (2007 Edition)
  • 73. INITIATIVE AND REFERENDUM 250.355 250.305 Signature requirements. (1) A measure was filed with the city governingpetition to refer a city measure must be body.signed by not less than 10 percent of the (3) The governing body may refer a com-electors registered in the city at the time the peting measure to city electors at the sameprospective petition is filed. The petition election at which the initiated measure ismust be filed with the city elections officer submitted. If the governing body refers anot later than the 30th day after adoption of competing measure to city electors, it mustthe city legislation sought to be referred. prepare the measure not later than the 30th (2) A petition to initiate a city measure day after the initiated measure is filed withmust be signed by not less than 15 percent it. The mayor shall not have the power toof the electors registered in the city at the veto an initiated measure or a competingtime the prospective petition is filed. [1979 measure. [1979 c.190 §169; 1979 c.316 §14a; 1981 c.909c.190 §167; 1983 c.350 §67; 1989 c.251 §1] §7; 1987 c.471 §1] 250.310 [Amended by 1955 c.726 §1; 1957 c.608 §137; 250.330 [Amended by 1957 c.608 §138; 1979 c.190 §252;1959 c.317 §3; 1961 c.114 §11; repealed by 1979 c.190 §431] 1979 c.749 §3; renumbered 254.295] 250.335 [1979 c.190 §170; repealed by 1987 c.724 §7] 250.315 Filing officer; filing require-ments; signature verification. (1) An initi- 250.340 [Amended by 1957 c.608 §139; 1979 c.190 §255; renumbered 254.325]ative or referendum petition relating to a 250.345 [1967 c.609 §1; repealed by 1977 c.301 §15]city measure shall be filed with the cityelections officer for signature verification. 250.346 Retention of petition materi-The filed petition shall contain only original als. The city elections officer shall retain thesignatures. signature sheets of a filed initiative or refer- (2) An initiative or referendum petition endum petition with a copy of the city meas-relating to a city measure shall not be ac- ure. If the measure is approved by thecepted for filing if it contains less than 100 electors, a copy of the measure shall be pre-percent of the required number of signatures. served as a permanent public record, and the signature sheets shall be preserved for six (3) For any petition requiring a number years. [1979 c.190 §171]of signatures exceeding 4,500, the Secretary 250.350 [Amended by 1957 c.608 §140; 1977 c.508 §7;of State by rule shall designate a statistical 1977 c.644 §4a; 1979 c.190 §264; renumbered 254.415]sampling technique to verify whether a peti- 250.355 Date of election. If a referen-tion contains the required number of signa- dum petition contains the required numbertures of electors. A petition may not be of verified signatures, the election on therejected for the reason that it contains less city measure shall be held on the next avail-than the required number of signatures un- able election date in ORS 221.230 that is notless two separate sampling processes both sooner than the 90th day after the referen-establish that the petition lacks the required dum petition was filed with the city electionsnumber of signatures. The second sampling officer. [1989 c.503 §35; 2007 c.155 §8]must contain a larger number of signaturesthan the first sampling. 250.360 [Repealed by 1957 c.608 §231] 250.365 [1963 c.595 §5 (247.610 to 247.650, 250.365 and (4) The Secretary of State may employ 250.375 enacted in lieu of 247.251); repealed by 1967 c.64professional assistance to determine the §7]sampling technique referred to in subsection 250.370 [Repealed by 1957 c.608 §231](3) of this section. [1979 c.190 §168; 1989 c.68 §8; 250.375 [1963 c.595 §6 (247.610 to 247.650, 250.365 and1991 c.580 §3] 250.375 enacted in lieu of 247.251); 1965 c.174 §10; re- 250.320 [Repealed by 1957 c.608 §231] pealed by 1967 c.64 §7] 250.380 [Repealed by 1957 c.608 §231] 250.325 Procedure following filing of 250.390 [Repealed by 1957 c.608 §231]initiative petition. (1) If an initiative peti-tion contains the required number of verified 250.400 [Amended by 1957 c.608 §141; 1977 c.508 §8; 1979 c.190 §265; renumbered 254.425]signatures, the city elections officer shall filethe initiated measure with the city governing 250.410 [Amended by 1957 c.608 §142; 1979 c.190 §45; renumbered 247.035]body at its next meeting. 250.420 [Amended by 1957 c.608 §143; repealed by (2) The governing body, not later than 1979 c.190 §431]the 30th day after the measure is filed with 250.430 [Amended by 1957 c.608 §144; 1977 c.508 §9;it, may adopt or reject the measure unless 1979 c.190 §253; 1979 c.519 §20a; renumbered 254.305]the measure is required to be submitted to 250.440 [Amended by 1957 c.608 §145; 1979 c.190 §251;city electors under the city charter or state repealed by 1979 c.749 §5]law. If the measure is not adopted, or the 250.460 [Repealed by 1957 c.608 §231]measure is required to be submitted to city 250.461 [1957 c.608 §146; 1961 c.162 §1; repealed byelectors under the city charter or state law, 1979 c.190 §431]it shall be submitted to city electors on the 250.470 [Repealed by 1957 c.608 §231]next available election date in ORS 221.230 250.471 [1957 c.608 §147 (1), (2); 1979 c.190 §271; re-held not sooner than the 90th day after the numbered 254.495]Title 23 Page 71 (2007 Edition)
  • 74. 250.355 ELECTIONS 250.480 [Repealed by 1957 c.608 §231] 250.650 [Repealed by 1957 c.608 §231] 250.490 [Amended by 1955 c.113 §1; repealed by 1957 250.655 [1961 c.63 §2; 1979 c.190 §263; renumberedc.608 §231] 254.405] 250.500 [Repealed by 1957 c.608 §231] 250.660 [Repealed by 1957 c.608 §231] 250.510 [Amended by 1957 c.608 §148; 1973 c.154 §3; 250.670 [Repealed by 1957 c.608 §231]1979 c.190 §272; renumbered 254.505] 250.680 [Amended by 1957 c.608 §156; 1979 c.190 §268; 250.520 [Amended by 1957 c.608 §149; 1961 c.114 §12; renumbered 254.455]1965 c.174 §8; 1979 c.190 §273; renumbered 254.515] 250.690 [Amended by 1955 c.726 §3; 1957 c.608 §157; 250.530 [Amended by 1957 c.608 §150; repealed by 1979 c.190 §267; renumbered 254.445]1979 c.190 §431] 250.700 [Amended by 1957 c.608 §158; 1979 c.190 §266; 250.540 [Amended by 1955 c.498 §13; repealed by renumbered 254.435]1957 c.608 §231] 250.710 [Amended by 1957 c.608 §159; 1977 c.179 §2; 250.541 [1957 c.608 §147 (3); repealed by 1979 c.190 repealed by 1979 c.190 §431]§431] 250.720 [Amended by 1957 c.608 §160; repealed by 250.545 [1963 c.337 §4; repealed by 1979 c.190 §431] 1979 c.190 §431] 250.550 [Repealed by 1957 c.608 §231] 250.810 [Amended by 1957 c.608 §161; 1963 c.603 §1; 250.560 [Repealed by 1957 c.608 §231] repealed by 1979 c.190 §431] 250.570 [Amended by 1957 c.608 §151; repealed by 250.820 [Amended by 1957 c.608 §162; repealed by1979 c.190 §431] 1979 c.190 §431] 250.580 [1971 c.29 §9; repealed by 1973 c.125 §1] 250.830 [Amended by 1957 c.608 §163; 1979 c.519 §22; repealed by 1979 c.190 §431] 250.582 [1971 c.29 §§10,11; repealed by 1973 c.125 §1] 250.840 [Amended by 1957 c.608 §164; 1961 c.47 §1; 250.584 [1971 c.29 §12; repealed by 1973 c.125 §1] 1963 c.603 §2; 1969 c.81 §2; 1975 c.675 §20; 1979 c.519 §23; 250.586 [1971 c.29 §8; repealed by 1975 c.675 §36] repealed by c.190 §431] 250.610 [Amended by 1957 c.608 §152; 1961 c.174 §2; 250.845 [1963 c.603 §4; 1977 c.829 §13; repealed by1979 c.190 §248; 1979 c.519 §21a; renumbered 254.245] 1979 c.190 §431] 250.620 [Amended by 1957 c.608 §153; repealed by 250.850 [Repealed by 1957 c.608 §231]1979 c.190 §431] 250.860 [Repealed by 1957 c.608 §231] 250.630 [Repealed by 1957 c.608 §231] 250.870 [Amended by 1957 c.608 §165; repealed by 250.631 [1957 c.608 §154; 1961 c.114 §13; 1965 c.174 1979 c.190 §431]§9; 1977 c.352 §4; 1979 c.190 §262; renumbered 254.395] 250.880 [Repealed by 1979 c.190 §431] 250.640 [Amended by 1955 c.726 §2; repealed by 1957c.608 §231] 250.990 [Amended by 1955 c.726 §6; 1957 c.608 §166; repealed by 1979 c.190 §431] 250.645 [1955 c.726 §5; 1957 c.608 §155; 1979 c.190§261; renumbered 254.385]Title 23 Page 72 (2007 Edition)
  • 75. Chapter 251 2007 EDITION Voters′ Pamphlet STATE VOTERS′ PAMPHLET 251.205 Appointment of committee to draft ex- GENERALLY planatory statement of measure proposed251.005 Definitions by initiative or referendum251.008 Joint production of state and county vot- 251.215 Preparation and filing of explanatory ers′ pamphlet statement of measure251.012 Size, format and distribution of voters′ 251.225 Preparation and filing of explanatory pamphlet statement by Legislative Counsel Com- mittee; when explanatory statement of251.016 Disposition of fee committee used251.022 Voters′ pamphlet for election to fill va- 251.230 Effect if explanatory statement not filed cancy in office of United States Senator or Representative in Congress 251.235 Supreme Court review of explanatory statement; service requirements251.026 Statements and information included in voters′ pamphlets 251.245 Committee to prepare and file argument in support of measure referred by legisla-251.046 Content of statements and arguments ture251.049 Names or titles of persons or names of 251.255 Filing arguments for or against measure; organizations excluded from arguments fee or petition; size of argument space; and statements; exceptions; prohibitions rules251.055 Type of material to be excluded from 251.260 Secretary of State review of arguments pamphlet; liability for libel; procedure if for error in identification of measure material excluded; rules number or designation of support or op-251.065 Filing portrait and statement by or for position to measure; changes allowed candidate; format of statement; rules 251.265 Author of argument, author′s organiza-251.067 Inclusion of portrait and statement of tion and disclaimer to be included in vot- candidate for county, city or metropolitan ers′ pamphlet service district office; inclusion of county 251.285 Inclusion of county measure or metropol- measure or metropolitan service district itan service district measure in voters′ measure pamphlet251.069 Map of metropolitan service district to be 251.295 Radio and television broadcasts to supple- printed in certain pamphlets ment pamphlet251.075 Portrait requirements; rules251.085 Format of candidate′s statement COUNTY VOTERS′ PAMPHLET251.087 Secretary of State review of candidate 251.305 County voters′ pamphlet portrait and statement; procedure if por- 251.315 Information required to be included in trait or statement must be revised; rules voters′ pamphlet; deadline for distribution251.095 Fees for candidate space in voters′ pam- 251.325 Schedule and procedures for producing phlet; use of space and distributing pamphlet; fees; rules251.115 Statement of statewide and less than 251.335 Filing portrait and statement by or for statewide political party or assembly; size; candidate; disclaimer fees 251.345 Explanatory statement251.125 Identification of portrait or statement; disclaimer 251.355 Filing arguments for or against measure251.135 Refund of filing fee 251.358 Omission from voters′ pamphlet of ballot251.145 Exemption from public records law titles, explanatory statements and argu- ments for certain measures251.155 Statements and arguments inadmissible in action to enjoin publication of pamphlet 251.365 Cost of pamphlet preparation; allocation of revenue251.165 Preparing material for inclusion in state voters′ pamphlet 251.375 Exception to ORS 251.365 for certain dis- tricts251.175 Distribution of pamphlet; rules for non- statewide special elections 251.385 “Electoral district” defined for ORS 251.345 to 251.375 STATE INITIATIVE AND 251.395 Content of statements and arguments; REFERENDUM PAMPHLET notice of material that may be excluded251.185 Measures, estimates, statements and ar- 251.405 Names or titles of persons or names of guments included in voters′ pamphlet; organizations excluded from arguments county and metropolitan service district and statements; exceptions; prohibitions measures 251.415 Type of material to be excluded from251.195 Form for printing proposed constitutional pamphlet; liability for libel; procedure if amendment material excludedTitle 23 Page 73 (2007 Edition)
  • 76. ELECTIONS251.425 Format of candidate′s statement 251.435 Statements and arguments inadmissible in251.430 Exemption from public records law action to enjoin publication of pamphletTitle 23 Page 74 (2007 Edition)
  • 77. VOTERS′ PAMPHLET 251.026 STATE VOTERS′ PAMPHLET 251.022 Voters′ pamphlet for election GENERALLY to fill vacancy in office of United States Senator or Representative in Congress. 251.005 Definitions. As used in this (1) If a special election or special primarychapter: election is held under ORS 188.120 for the (1) “Candidate” means an individual purpose of filling a vacancy in election orwhose name is or is expected to be printed office of United States Senator or Represen-on the official ballot. tative in Congress, or for nominating a can- (2) “City office” means the office of didate of each major political party to fill themayor, city auditor, city councillor or mu- vacancy, the Secretary of State shall preparenicipal judge of a city having a population a voters′ pamphlet for each election.of 50,000 or more according to the most re- (2) A voters′ pamphlet prepared undercent determination made under ORS 190.510 subsection (1) of this section shall containto 190.610. information about the candidates for nomi- (3) “County clerk” means the county nation or election to the office of Unitedclerk or the county official in charge of States Senator or Representative in Congresselections. at the special election or special primary election. [1999 c.318 §6] (4) “Elector” means an individual quali- 251.025 [1957 c.217 §2; 1979 c.190 §315; renumberedfied to vote under section 2, Article II, Ore- 258.016]gon Constitution. 251.026 Statements and information (5) “Measure” includes any of the follow- included in voters′ pamphlets. (1) Theing submitted to the people for their approval Secretary of State shall prepare and haveor rejection at an election: printed in the voters′ pamphlet for the state (a) A proposed law. primary election, the general election and any special election described in ORS 251.022 (b) An Act or part of an Act of the Leg- a statement containing, if applicable:islative Assembly. (a) Requirements for a citizen to qualify (c) A revision of or amendment to the as an elector.Oregon Constitution. (b) When an elector is required to regis- (d) Local, special or municipal legis- ter or update a registration.lation. (c) In the voters′ pamphlet for the pri- (e) A proposition or question. [1979 c.190 mary election, a statement of the duties and§172; 1981 c.173 §28; 1983 c.123 §1; 1983 c.392 §4; 1987 responsibilities of a precinct committeeper-c.432 §1; 2003 c.14 §118] son to be elected at the primary election. 251.008 Joint production of state and (d) Any other information the Secretarycounty voters′ pamphlet. Notwithstanding of State considers relevant to the conduct ofany other provision of law, the Secretary of the election.State and a county may enter into an inter- (2) The Secretary of State shall includegovernmental agreement as provided in ORS a statement on the cover of the voters′ pam-190.003 to 190.130 under which the Secretary phlet that the pamphlet may be used to assistof State and the county clerk of the county electors in voting.may jointly produce a voters′ pamphlet forany election as provided under this chapter (3) The Secretary of State may include inor any other law relating to production and the voters′ pamphlet the following informa- tion:distribution of a voters′ pamphlet. [1993 c.3 §2and 1993 c.604 §9] (a) Maps showing the boundaries of sen- 251.010 [Repealed by 1957 c.217 §9] atorial and representative districts. 251.012 Size, format and distribution (b) Voter registration forms.of voters′ pamphlet. The Secretary of State (c) Elector instructions, including theby rule shall prescribe the size, format and right of an elector to request a second ballotmethod of distribution of any state voters′ if the first ballot is spoiled and the right ofpamphlet, subject to the limits described in an elector to seek assistance in marking thethis chapter. [1999 c.318 §7] ballot. [Formerly 255.025; 1987 c.267 §24; 1991 c.719 §§23,24; 1993 c.713 §28; 1993 c.797 §21a; 1995 c.712 §35; 251.015 [1957 c.217 §1; 1979 c.190 §314; renumbered 1999 c.318 §9; 1999 c.410 §25]258.006] 251.030 [Repealed by 1957 c.217 §9] 251.016 Disposition of fee. The Secre- 251.035 [1957 c.217 §3; 1979 c.190 §316; renumberedtary of State shall pay fees received under 258.026]this chapter into the General Fund. [1979 c.190 251.036 [1979 c.533 §6; 1993 c.493 §91; 1999 c.318 §52;§173] renumbered 251.069 in 1999] 251.020 [Repealed by 1957 c.217 §9] 251.040 [Repealed by 1957 c.217 §9]Title 23 Page 75 (2007 Edition)
  • 78. 251.046 ELECTIONS 251.045 [1957 c.217 §4; 1975 c.675 §21; 1979 c.190 §317; c.724 §2; 1991 c.719 §47; 1993 c.493 §108; 2001 c.564 §1;renumbered 258.036] 2003 c.233 §2] 251.046 Content of statements and ar- 251.050 [Repealed by 1957 c.217 §9]guments. (1) Statements and arguments 251.055 Type of material to be ex-submitted for inclusion in a voters′ pamphlet cluded from pamphlet; liability for libel;by a candidate, political party or assembly procedure if material excluded; rules. (1)of electors, or a person supporting or oppos- The Secretary of State shall reject anying a measure shall consist only of words or statement, argument or other matter offerednumbers. for filing and printing in a voters′ pamphlet (2) The Secretary of State shall specify which:on any instructions for filing a statement, (a) Contains any obscene, profane orargument or other material in the voters′ defamatory language;pamphlet that the statement, argument or (b) Incites or advocates hatred, abuse ormaterial may be excluded under ORS 251.055. violence toward any person or group; or[1979 c.190 §175; 1993 c.351 §3] (c) Contains any language which may not 251.049 Names or titles of persons or legally be circulated through the mails.names of organizations excluded fromarguments and statements; exceptions; (2) Nothing in this chapter shall makeprohibitions. (1) Except as provided in sub- the author of any statement or argument ex-section (2) of this section, the Secretary of empt from any civil or criminal action be-State may not print the name or title of a cause of any defamatory statements offeredperson or the name of an organization in an for printing or contained in the voters′ pam-argument supporting or opposing any meas- phlet. The persons writing, signing or offer-ure or a statement of any candidate, political ing a statement or argument for filing shallparty or assembly of electors filed for inclu- be deemed its authors and publishers.sion in the voters′ pamphlet, if the name or (3) The Secretary of State by rule shalltitle of the person or the name of the organ- establish a procedure to notify a person whoization is cited as supporting or indorsing the offered a statement, argument or other mat-argument or statement. ter that was rejected pursuant to this sec- (2) The Secretary of State may print the tion. Subject to voters′ pamphlet deadlines,name or title of a person or the name of an the procedure shall require the Secretary oforganization in an argument or statement State to:submitted for inclusion in the voters′ pam- (a) Make reasonable attempts to notifyphlet as supporting or indorsing the argu- the person of the rejection; andment or statement if: (b) Allow the person, if notified pursuant (a) Not later than the deadline for filing to paragraph (a) of this subsection, to revisean argument or statement with the Secretary the statement so that it does not violate theof State, the secretary receives a statement provisions of this section. [Formerly 255.040; 1993signed by the person, or by an authorized c.351 §1]person on behalf of an organization, stating 251.060 [1957 c.217 §5; 1979 c.190 §318; renumberedthat the person consents to the use of the 258.046]name or title of the person or the name of 251.065 Filing portrait and statementthe organization; or by or for candidate; format of statement; (b) The name or title of a person or the rules. (1) Not later than the 68th day beforename of an organization is used with a quo- the primary election, any candidate or agenttation made by the person or by an author- on behalf of the candidate for nomination orized person on behalf of an organization, the election at the primary election to the officequotation was disseminated to the public of President or Vice President of the Unitedprior to its inclusion in the argument or States, United States Senator, Representativestatement and the quotation is identified by in Congress or any state office as defined inits source and date. ORS 249.002 may file with the Secretary of State a portrait of the candidate and a (3) A person may not: printed or typewritten statement of the rea- (a) Submit a false signature under sub- sons the candidate should be nominated orsection (2) of this section; or elected. A candidate or agent on behalf of (b) Alter the manner in which a person the candidate for nomination or election tosigning a statement of consent described in any county or city office, or to an electedsubsection (2) of this section designates the office of a metropolitan service district or-person′s name or title or the name of the ganized under ORS chapter 268, may file aorganization the person represents to appear portrait and statement under this subsectionin the argument or statement. This para- if permitted under ORS 251.067.graph does not prohibit revisions allowed or (2) Not later than the 70th day before therequired under ORS 251.055 or 251.087. [1987 general election, any candidate or agent onTitle 23 Page 76 (2007 Edition)
  • 79. VOTERS′ PAMPHLET 251.075behalf of the candidate for election at the election on the metropolitan service districtgeneral election to the office of President or measure.Vice President of the United States, United (3) If a county voters′ pamphlet describedStates Senator, Representative in Congress in ORS 251.305 to 251.435 is prepared for anor any state office as defined in ORS 249.002 election at which a candidate for nominationmay file with the Secretary of State a por- or election to any county or city office, or totrait of the candidate and a printed or type- an elected office of a metropolitan servicewritten statement of the reasons the district organized under ORS chapter 268, iscandidate should be elected. A candidate or listed on the ballot, or at which a countyagent on behalf of the candidate for election measure or a measure of a metropolitan ser-to any county or city office, or to an elected vice district organized under ORS chapteroffice of a metropolitan service district or- 268 is listed on the ballot, the county voters′ganized under ORS chapter 268, may file aportrait and statement under this subsection pamphlet shall include the county or city of-if permitted under ORS 251.067. fice, the office of the metropolitan service district or the county measure or measure of (3) In the case of a special election to fill the metropolitan service district. Such officesa vacancy as described in ORS 251.022, the and measures shall not be included in anySecretary of State by rule shall set the state voters′ pamphlet prepared for thedeadline for filing with the secretary a por- election and distributed in the county fortrait of the candidate and a printed or type- which the county voters′ pamphlet is pre-written statement of the reasons the pared.candidate should be nominated or elected. (4) If a city or metropolitan service dis- (4) Subject to subsections (1) to (3) of this trict organized under ORS chapter 268 is lo-section, the Secretary of State by rule shall cated in more than one county, and a countyestablish the format of the statements per- in which the city or metropolitan servicemitted under this section. district is located does not prepare a county (5) A portrait or statement filed under voters′ pamphlet described in ORS 251.305 tothis section shall be accompanied by a tele- 251.435 for the election, candidates for nomi-phone or electronic facsimile transmission nation or election to any city office or anmachine number where the candidate may be elected office of the metropolitan servicecontacted for purposes of ORS 251.087. district, and any measure of the metropolitan[Formerly 255.031; 1981 c.375 §1; 1983 c.567 §13; 1985 c.808§30; 1987 c.267 §25; 1989 c.503 §9; 1993 c.493 §§92,93; 1995 service district, shall be included in the statec.550 §6; 1995 c.712 §36; 1999 c.318 §10; 1999 c.999 §40] voters′ pamphlet to be distributed to the county that does not prepare a county voters′ 251.067 Inclusion of portrait and pamphlet. The Secretary of State shall desig-statement of candidate for county, city nate the candidates and measures that mayor metropolitan service district office; be included in the state voters′ pamphlet un-inclusion of county measure or metro-politan service district measure. (1) A der this subsection. [1999 c.318 §8]candidate or agent on behalf of the candidate 251.069 Map of metropolitan servicefor nomination or election to any county or district to be printed in certain pam-city office, or to an elected office of a met- phlets. The Secretary of State shall includeropolitan service district organized under in each voters′ pamphlet, in which materialORS chapter 268, may file a portrait or of a candidate for nomination or election tostatement for inclusion in the state voters′ an office of a metropolitan service districtpamphlet under ORS 251.065 if a county vot- organized under ORS chapter 268 is printeders′ pamphlet described in ORS 251.305 to as provided in ORS 251.065, 251.067 and251.435 is not prepared for the election in 251.285, a map of the service district whicheach county in which the electoral district illustrates the boundaries of each subdistrict.of the candidate is located. The map shall be printed immediately pre- (2) A county measure or a measure of a ceding the material of the candidates for anmetropolitan service district organized under office of the district. [Formerly 251.036]ORS chapter 268, and the ballot title, ex- 251.070 [1957 c.217 §6; 1979 c.190 §319; renumberedplanatory statement and arguments relating 258.055]to the measure, shall be included in the state 251.075 Portrait requirements; rules.voters′ pamphlet as provided in ORS 251.285, (1) A candidate may not submit for inclusionif a county voters′ pamphlet described in in the voters′ pamphlet a portrait that wasORS 251.305 to 251.435 is not prepared: taken more than four years before the date (a) For the election on the county meas- the portrait is filed with the Secretary ofure; or State. (b) In each county in which the metro- (2) A portrait submitted for inclusion inpolitan service district is located, for the the voters′ pamphlet shall:Title 23 Page 77 (2007 Edition)
  • 80. 251.085 ELECTIONS (a) Be a conventional photograph with a filing a portrait and statement under ORSplain background; 251.065. A candidate contacted by the Secre- (b) Show the face or the head, neck and tary of State under this section may file ashoulders of the candidate; and revised portrait or statement not later than the seventh business day following the dead- (c) Be prepared and processed for print- line for filing a portrait and statement undering as prescribed by the Secretary of State. ORS 251.065. (3) A portrait submitted for inclusion in (4) If the Secretary of State is requiredthe voters′ pamphlet may not: to attempt to contact a candidate under sub- (a) Include the hands or anything held in section (3) of this section, the Secretary ofthe hands of the candidate; State shall attempt to contact the candidate (b) Show the candidate wearing a judicial by telephone or by using an electronicrobe, a hat or a military, police or fraternal transmission facsimile machine.uniform; and (5) If the Secretary of State is unable to (c) Show the uniform or insignia of any contact a candidate or if the candidate doesorganization. not file a revised portrait or statement, the following rules apply: (4) The Secretary of State by rule shallprescribe the size and manner of placement (a) If a portrait does not comply withof the portrait printed in the voters′ pam- ORS 251.075, the Secretary of State mayphlet, except that the size of a portrait shall modify the portrait. The candidate shall paynot be smaller than 1.5 inches by 1.75 inches. the expense of any modification prior toThe rule shall apply in the same manner to publication of the portrait in the voters′all candidates for the same nomination or pamphlet. If the portrait cannot be modifiedoffice. [1979 c.190 §178; 1979 c.533 §2; 1985 c.808 §30a; to comply with ORS 251.075, the portrait1987 c.707 §11; 1999 c.318 §11; 2003 c.233 §1] shall not be printed in the voters′ pamphlet. 251.080 [1957 c.217 §7; 1969 c.617 §1; repealed by 1979 (b) If a statement does not comply withc.190 §431] ORS 251.085 the statement shall not be 251.085 Format of candidate′s state- printed in the voters′ pamphlet.ment. The candidate′s statement shall begin (c) If a statement does not comply withwith a summary of the following: Occupa- ORS 251.049, the Secretary of State shall edittion, educational and occupational back- the statement to remove language that doesground, and prior governmental experience. not comply with ORS 251.049.[Formerly 255.027] (6) If the portrait or statement of a can- 251.087 Secretary of State review of didate filed under ORS 251.065 does notcandidate portrait and statement; proce- comply with a requirement of ORS 251.049,dure if portrait or statement must be re- 251.075 or 251.085 and the Secretary of Statevised; rules. (1) If a candidate files a does not attempt to contact the candidate byportrait and statement under ORS 251.065 for the deadline specified in subsection (3) ofinclusion in the voters′ pamphlet, the Secre- this section, for purposes of ORS 251.049,tary of State shall review the portrait and 251.075 and 251.085 only, the portrait orstatement to ensure that the portrait com- statement shall be printed as filed.plies with the requirements of ORS 251.075 (7) A candidate revising a portrait orand that the statement complies with the re- statement under this section shall make onlyquirements of ORS 251.049 and 251.085. those revisions necessary to comply with (2) Review by the Secretary of State un- ORS 251.049, 251.075 and 251.085.der this section shall be limited to determin- (8) The Secretary of State by rule maying whether the portrait and statement define the term “contact” as used in thiscomply with the requirements of ORS section. [1995 c.550 §2]251.049, 251.075 and 251.085 and shall not in-clude any determination relating to the ac- 251.090 [1957 c.217 §8; 1973 c.197 §4; 1979 c.190 §322; renumbered 258.085]curacy or truthfulness of materials filed. (3) The Secretary of State shall review 251.095 Fees for candidate space ineach portrait and statement not later than voters′ pamphlet; use of space. (1) At thethree business days following the deadline time materials are filed under ORS 251.065,for filing a portrait and statement under ORS each candidate for nomination or election to251.065. If the Secretary of State determines any of the following offices shall pay to thethat the portrait or statement of a candidate Secretary of State the following fee for spacemust be revised in order to comply with the in the voters′ pamphlet:requirements of ORS 251.049, 251.075 or (a) President or Vice President of the251.085, the Secretary of State shall attempt United States, United States Senator, Repre-to contact the candidate not later than the sentative in Congress or any state office tofifth business day following the deadline for be voted for in the state at large, $1,000.Title 23 Page 78 (2007 Edition)
  • 81. VOTERS′ PAMPHLET 251.165 (b) State Senator, state Representative or candidate, political party or assembly ofany other office, $300. electors, the Secretary of State shall include: (2) The space allotted to each candidate (1) A statement identifying the personshall be used for materials filed under ORS who furnished the portrait or statement; and251.065, including the portrait and statement (2) A disclaimer in boldfaced type in sub-of reasons the candidate should be nominated stantially the following form:or elected and the information required un- __________________________________________der ORS 251.085. If a portrait is not filed, thestatement may cover the entire allotted The above information has not been verifiedspace. The length of the statement shall not for accuracy by the State of Oregon.exceed 325 words. All materials submitted by __________________________________________a candidate under ORS 251.065 shall fitwithin 30 square inches of space. All candi- [1979 c.190 §182; 2005 c.234 §1]dates shall be allowed the same amount of 251.130 [Repealed by 1957 c.217 §9]space. [Formerly 255.051; 1981 c.375 §2; 1983 c.567 §14;1985 c.808 §30b; 1987 c.707 §12; 1999 c.318 §12] 251.135 Refund of filing fee. Not later 251.110 [Repealed by 1957 c.217 §9] than the last day for filing material for inclusion in a voters′ pamphlet, the person 251.115 Statement of statewide and who paid the filing fee may receive a refundless than statewide political party or as- from the Secretary of State. When a refundsembly; size; fees. (1) Not later than the is made, the material for which the fee was70th day before the general election, the paid shall not be included in the pamphlet.party officers as designated in the organiza- [1979 c.190 §183]tional documents of any statewide political 251.140 [Repealed by 1957 c.217 §9]party or assembly of electors having nomi-nated candidates may file with the Secretary 251.145 Exemption from public recordsof State a printed or typewritten statement law. Notwithstanding ORS 192.410 to 192.505of arguments for the success of its principles relating to public records, materials filed byand election of its candidates on a statewide a political party, assembly of electors orbasis and opposing the principles and candi- candidate for inclusion in a voters′ pamphletdates of other political parties or organiza- and arguments supporting or opposing ations on a statewide basis. measure filed by any person for inclusion in a voters′ pamphlet are exempt from public (2) Not later than the 70th day before the inspection until the fourth business day aftergeneral election, the party officers as desig- the final date for filing the materials. [1979nated in the organizational documents of any c.190 §184; 1991 c.719 §48; 1993 c.493 §18]less than statewide political party or assem- 251.150 [Repealed by 1957 c.217 §9]bly of electors having nominated candidatesmay file with the Secretary of State a type- 251.155 Statements and arguments in-written statement of arguments for the suc- admissible in action to enjoin publicationcess of its principles and election of its of pamphlet. Material submitted for inclu-candidates on a county basis and opposing sion in any voters′ pamphlet shall not be ad-the principles and candidates of other poli- mitted as evidence in any suit or actiontical parties or organizations on a county against the Secretary of State to restrain orbasis. enjoin the publication of the voters′ pam- phlet. [Formerly 255.018] (3) The size of the statements permitted 251.160 [Repealed by 1957 c.217 §9]under this section shall not exceed 60 squareinches for any statewide political party or 251.165 Preparing material for inclu-assembly of electors having nominated can- sion in state voters′ pamphlet. (1) Thedidates and 30 square inches for any less Secretary of State shall prepare:than statewide political party or assembly of (a) A list of the names of candidates forelectors having nominated candidates. The nomination or election at the primaryfee for a statement filed under this section election to the offices of President or Viceshall be $600 for any statewide political party President of the United States, United Statesor assembly of electors having nominated Senator, Representative in Congress, anycandidates and $300 for any less than state- state office other than justice of the peacewide political party or assembly of electors and any county or city office or elected officehaving nominated candidates. [Formerly 255.211; of a metropolitan service district required to1987 c.707 §13; 1989 c.503 §10; 1993 c.797 §22; 1999 c.318§13] be included under ORS 251.067, or a list of names of candidates for election at the gen- 251.120 [Repealed by 1957 c.217 §9] eral election to the offices of President or 251.125 Identification of portrait or Vice President of the United States, Unitedstatement; disclaimer. At the bottom of States Senator, Representative in Congress,each allotted space of the voters′ pamphlet any state office other than justice of thecontaining a portrait or statement filed by a peace and any county or city office orTitle 23 Page 79 (2007 Edition)
  • 82. 251.175 ELECTIONSelected office of a metropolitan service dis- pamphlet for a general election or any spe-trict required to be included under ORS cial election a copy of the title and text of251.067, along with a designation of the of- each state measure to be submitted to thefices for which the candidates are competing; people at the election for which the pamphlet (b) All portraits and statements filed un- was prepared. Each measure shall be printedder ORS 251.065 and 251.115; and in the pamphlet with: (c) The information specified in ORS (a) The number and ballot title of the251.185 relating to measures to be voted upon measure;at the election for which the pamphlet is (b) The financial estimates and anyprepared. statement prepared for the measure under (2) For a special election described in ORS 250.125;ORS 251.022, the Secretary of State shall (c) The explanatory statement preparedprepare a list of the names of candidates for for the measure; andnomination or election to the offices ofUnited States Senator or Representative in (d) Arguments relating to the measureCongress along with all portraits and state- and filed with the Secretary of State.ments filed for the special election under (2) A county measure or measure of aORS 251.065. metropolitan service district organized under (3) The items specified in subsections (1) ORS chapter 268, and ballot title, explana-and (2) of this section shall be properly com- tory statement and arguments relating to thepiled, edited, prepared and indexed for print- measure, filed by the county or metropolitaning by the Secretary of State before delivery service district under ORS 251.285 shall beto the printer. [Formerly 255.061; 1987 c.267 §28; 1987 included in the voters′ pamphlet described inc.707 §14; 1991 c.719 §§25,26; 1995 c.712 §38; 1999 c.318 subsection (1) of this section if required un-§14; 1999 c.999 §41] der ORS 251.067. [Formerly 255.410; 1991 c.719 §10; 1991 c.971 §7; 1993 c.493 §19; 1999 c.318 §16; 2005 c.633 251.175 Distribution of pamphlet; rules §4]for nonstatewide special elections. (1) Ex-cept as provided in subsection (2) of this 251.195 Form for printing proposedsection, not later than the 20th day before a constitutional amendment. The text of aprimary election, general election or special proposed amendment to the Oregon Consti-election for which a voters′ pamphlet has tution shall be printed in the voters′ pam-been prepared, the Secretary of State shall phlet to indicate by the use of brackets andcause the voters′ pamphlet to be mailed to italic type the words that would be deletedeach post-office mailing address in Oregon, from, and by boldfaced type the words thatand shall use any additional means of dis- would be added to, the existing provision. [Formerly 255.440; 1989 c.503 §11]tribution necessary to make the pamphletavailable to electors. 251.205 Appointment of committee to (2) For any special election described in draft explanatory statement of measureORS 251.022 that is not held statewide, or for proposed by initiative or referendum. (1)any other state special election that is not As used in this section, “proponents” means:held statewide, the Secretary of State by rule (a) With respect to any state measure in-may prescribe methods for distributing the itiated or referred by petition, the chief peti-voters′ pamphlet prepared for the election. tioners; orThe rule shall require the secretary to mail (b) With respect to a measure referred bythe pamphlet to at least each elector whose the Legislative Assembly, the President ofregistration is determined to be active on the the Senate, who shall appoint a Senator, and21st day before the date of the election and the Speaker of the House of Representatives,who is eligible to vote in the election. The who shall appoint a Representative.rule may specify other methods of distrib-ution. Voters′ pamphlets prepared for the (2) For each state measure to be submit-election shall be mailed not later than the ted to the people at a special election helddate ballots are mailed to electors as pro- on the date of a primary election or anyvided in ORS 254.470. [1979 c.190 §187; 1987 c.267 general election, a committee of five citizens§29; 1995 c.712 §40; 1999 c.318 §15; 1999 c.1002 §8; 2007 shall be selected to prepare the explanatoryc.154 §12] statement under ORS 251.215. (3) Not later than the 120th day before STATE INITIATIVE AND the election, the proponents of the measure REFERENDUM PAMPHLET shall appoint two members to the committee 251.185 Measures, estimates, state- and notify the Secretary of State in writingments and arguments included in voters′ of the selections. If the proponents do notpamphlet; county and metropolitan ser- appoint two members, the Secretary of Statevice district measures. (1) The Secretary shall appoint two members of the committeeof State shall have printed in the voters′ from among supporters, if any, of the meas-Title 23 Page 80 (2007 Edition)
  • 83. VOTERS′ PAMPHLET 251.235ure not later than the 118th day before the information relating to any explanatoryelection. statement. At the hearing any person may (4) Not later than the 118th day before submit suggested changes or other informa-the election, the Secretary of State shall ap- tion orally or in writing. Written suggestionspoint two members of the committee from or other information also may be submittedamong the opponents, if any, of the measure. at any time before the hearing. (5) The four appointed members of the (3) The committee for each measure shallcommittee shall select the fifth member and consider suggestions and any other informa-notify the Secretary of State in writing of tion submitted under subsection (2) of thisthe selection. If the four members have not section, and may file a revised statementselected the fifth member by the 111th day with the Secretary of State not later thanbefore the election, the fifth member shall be the 90th day before the election.appointed by the Secretary of State not later (4) The original statement and any re-than the 109th day before the election. vised statement must be approved by at least (6) A vacancy shall be filled not later three members of the committee. If a memberthan two business days after the vacancy oc- does not concur, the statement shall showcurs by the person who made the original only that the member dissents.appointment. Unless the Secretary of State (5) For purposes of this section,fills a vacancy, the person filling the vacancy “measure” includes an initiative petition re-shall notify the Secretary of State in writing lating to a state measure that has been filedof the selection. with the Secretary of State for the purpose (7) With respect to a measure referred by of verifying signatures under ORS 250.105.the Legislative Assembly, a Senator or Rep- The requirements of this section shall notresentative appointed under subsection (2) of apply to the petition if the secretary deter-this section may disclose whether the Sen- mines that the petition contains less thanator or Representative supports or opposes the required number of signatures of elec-the state measure. The Secretary of State tors. [Formerly 254.222; 1991 c.719 §49; 1993 c.493 §20; 1993 c.811 §14; 1995 c.712 §42; 2001 c.965 §10]shall print the disclosure in the voters′ pam-phlet following the explanatory statement. 251.225 Preparation and filing of ex- (8) The Legislative Administration Com- planatory statement by Legislative Coun-mittee shall provide any administrative staff sel Committee; when explanatoryassistance required by the explanatory state- statement of committee used. (1) Thement committee to facilitate the work of the Legislative Counsel Committee shall prepareexplanatory statement committee under this an impartial, simple and understandablesection or ORS 251.215. statement of not more than 500 words ex- plaining each state measure. The statement (9) For purposes of this section, shall be filed with the Secretary of State not“measure” includes an initiative petition re- later than the last day for filing a statementlating to a state measure that has been filed prepared under ORS 251.215.with the Secretary of State for the purposeof verifying signatures under ORS 250.105. (2) If an explanatory statement is notThe requirements of this section shall not filed by a committee under ORS 251.215, theapply to the petition if the secretary deter- statement of the Legislative Counsel Com-mines that the petition contains less than mittee shall be the explanatory statement ofthe required number of signatures of elec- the measure, and shall be subject to the pro-tors. [Formerly 254.210; 1987 c.707 §15; 1995 c.607 visions of ORS 251.215. [Formerly 254.225; 1993§§31,31a; 1999 c.844 §2; 2001 c.965 §9] c.493 §21; 1993 c.811 §15] 251.215 Preparation and filing of ex- 251.230 Effect if explanatory state-planatory statement of measure. (1) Not ment not filed. If an explanatory statementlater than the 99th day before a special is not filed by a committee under ORSelection held on the date of a primary 251.215 or by the Legislative Counsel Com-election or any general election at which any mittee under ORS 251.225, the measure shallstate measure is to be submitted to the peo- be printed in the voters′ pamphlet withoutple, the committee appointed under ORS the explanatory statement. [1991 c.971 §6]251.205 shall prepare and file with the Sec- 251.235 Supreme Court review of ex-retary of State, an impartial, simple and un- planatory statement; service require-derstandable statement explaining the ments. (1) Any person dissatisfied with anmeasure. The statement shall not exceed 500 explanatory statement for which suggestionswords. were offered at the Secretary of State′s (2) Not later than the 95th day before the hearing under ORS 251.215 may petition theelection, the Secretary of State shall hold a Supreme Court seeking a different statementhearing in Salem upon reasonable statewide and stating the reasons the statement filednotice to receive suggested changes or other with the court is insufficient or unclear. IfTitle 23 Page 81 (2007 Edition)
  • 84. 251.245 ELECTIONSthe petition is filed and served as required in 251.255 Filing arguments for orsubsection (2) of this section not later than against measure; fee or petition; size ofthe fifth day after the deadline for filing a argument space; rules. (1) Not later thanrevised statement with the Secretary of the 70th day before a general election or theState, the court shall review the statement 68th day before a special election held on theand certify an explanatory statement to the date of any primary election at which a stateSecretary of State. Failure to file and serve measure is to be voted upon, any person maythe petition within the time prescribed in file with the Secretary of State a printed orthis subsection precludes Supreme Court re- typewritten argument supporting or opposingview and certification of an explanatory the measure.statement. If the court considers the petition, (2) A person filing an argument underthe court may allow oral argument. The re- this section shall pay a fee of $500 to theview by the Supreme Court shall be con- Secretary of State when the argument is filedducted expeditiously to ensure the orderly or may submit a petition in a form prescribedand timely conduct of the election at which by the Secretary of State containing the sig-the measure is to be submitted to the elec- natures of 1,000 electors eligible to vote ontors. The statement certified by the court the measure. Each person signing the peti-shall be the explanatory statement printed in tion shall subscribe to a statement that thethe voters′ pamphlet. person has read and agrees with the argu- ment. The signatures on each petition shall (2) At the time a person petitions the be certified by the county clerk in the man-Supreme Court under subsection (1) of this ner provided in ORS 249.008. The petitionsection, the person also shall serve a copy of shall be filed with the Secretary of State.the petition on: (3) The Secretary of State by rule shall (a) The Attorney General; establish the size and length of arguments (b) The members of the explanatory permitted under ORS 251.245 and this sec-statement committee, if the committee filed tion. The size and length of an argument maya statement under ORS 251.215; not exceed 30 square inches or 325 words. The size and length limitations shall be the (c) The chief petitioners of the state same for arguments submitted under ORSmeasure, if the measure was initiated or re- 251.245 or this section. [Formerly 255.415; 1989ferred by petition; and c.646 §1; 1995 c.712 §45; 1999 c.318 §18; 2005 c.797 §55] (d) The Legislative Counsel, if the meas- 251.260 Secretary of State review ofure was referred by the Legislative Assembly arguments for error in identification ofor if the explanatory statement prepared by measure number or designation of sup-the Legislative Counsel Committee is the ex- port or opposition to measure; changesplanatory statement for the measure under allowed. (1) Not later than three businessORS 251.225. [Formerly 254.230; 2001 c.18 §1] days following the deadline for filing an ar- 251.245 Committee to prepare and file gument supporting or opposing a state meas-argument in support of measure referred ure under ORS 251.255, the Secretary of State shall review each argument to deter-by legislature. (1) For any measure referred mine whether the person filing the argumentto the electors by the Legislative Assembly, made an error in:an argument prepared by the Legislative As-sembly in support of the measure may be (a) Identifying the measure number toprinted in the voters′ pamphlet. The size and which the argument relates; orlength of an argument under this section (b) Designating that the argument sup-shall be determined as specified in ORS ports or opposes the measure.251.255. (2) If the Secretary of State determines (2) A joint committee consisting of one that the person filing the argument may haveSenator, to be appointed by the President of made an error described in subsection (1) ofthe Senate, and two Representatives, to be this section, the secretary shall attempt toappointed by the Speaker of the House of contact the person not later than the fifthRepresentatives, shall be appointed to pre- business day following the deadline for filingpare the argument. The committee shall file the argument. A person contacted by thethe argument with the Secretary of State not secretary under this section may file alater than the 70th day before a general change to the identification of the measureelection or the 68th day before a special number or the designation of the argumentelection held on the date of any primary not later than the seventh business day fol-election. There shall be no fee for including lowing the deadline for filing the argument.an argument submitted under this section in (3) If the Secretary of State is requiredthe voters′ pamphlet. [Formerly 255.465; 1987 c.267 to attempt to contact a person under subsec-§33; 1995 c.712 §43; 1999 c.318 §17] tion (2) of this section, the secretary shallTitle 23 Page 82 (2007 Edition)
  • 85. VOTERS′ PAMPHLET 251.285attempt to contact the person by telephone, a ballot title or explanatory statement whichelectronic mail, electronic facsimile trans- is contested because it does not comply withmission or other method designated by the the requirements of paragraph (a) or (b) ofsecretary by rule. this subsection; (4) If a person files a change to an argu- (d) The county or metropolitan servicement under subsection (2) of this section, the district adopts and complies with an ordi-argument shall be printed in the voters′ nance that provides for acceptance of type-pamphlet as changed under subsection (2) of written arguments relating to the measure tothis section. If the Secretary of State is una- be printed on 30 square inches of the voters′ble to contact a person under subsection (2) pamphlet; andof this section or if the secretary contacts (e) The county or metropolitan servicethe person and the person does not file a district does not require of a person filing anchange to the argument, the argument shall argument a payment of more than $300, or abe printed in the voters′ pamphlet as ori- petition containing more than a number ofginally filed. [2003 c.752 §2] signatures equal to 1,000 electors eligible to 251.265 Author of argument, author′s vote on the measure or 10 percent of theorganization and disclaimer to be in- total of such electors, whichever is less.cluded in voters′ pamphlet. The Secretary (3) Any judicial review of a determi-of State shall include in the voters′ pamphlet nation made under the review procedureson the page of the printed argument on a adopted under subsection (2)(c) of this sec-measure the name of the person who sub- tion shall be first and finally in the circuitmitted the argument, the name of the organ- court of the judicial district in which theization the person represents, if any, whether county is located or, for a district measure,the argument supports or opposes the meas- in the circuit court of the judicial district inure, and a disclaimer in substantially the which the administrative office of the metro-following form: politan service district is located.__________________________________________ (4) If the county or metropolitan service district has adopted and complied with ordi-The printing of this argument does not con- nances prescribed in subsection (2) of thisstitute an endorsement by the State of Ore- section, the decision to include the countygon, nor does the state warrant the accuracy or district measure, ballot title, explanatoryor truth of any statement made in the argu- statement and arguments in the voters′ pam-ment. phlet shall be made by:__________________________________________ (a) The county governing body with re-[Formerly 255.435] gard to any county measure or the council 251.275 [Formerly 255.418; repealed by 1993 c.811 of the metropolitan service district with re-§20] gard to any district measure; 251.285 Inclusion of county measure (b) The chief petitioners of the initiativeor metropolitan service district measure or referendum with regard to a county orin voters′ pamphlet. (1) If any county district measure initiated or referred by themeasure or any measure of a metropolitan people. The chief petitioners shall indicateservice district organized under ORS chapter their decision in a statement signed by all of268, and the ballot title, explanatory state- the chief petitioners and filed with thement and arguments relating to the measure, county clerk or, for a district measure, withare to be included by the Secretary of State the executive officer of the metropolitan ser-in the state voters′ pamphlet as provided in vice district; orORS 251.067, the requirements of this section (c) A political committee, as defined inshall be satisfied. ORS 260.005, that opposes the county or dis- (2) The county or district measure, ballot trict measure. The committee shall indicatetitle, explanatory statement and arguments its decision in a statement signed by everyshall not be printed in the voters′ pamphlet committee director, as defined in ORSunless: 260.005, and filed with the county clerk or, for a district measure, with the executive of- (a) The ballot title is a concise and im- ficer of the metropolitan service district.partial statement of the purpose of themeasure; (5) The county or metropolitan service district shall file the measure, ballot title, (b) The explanatory statement is an im- explanatory statement and arguments withpartial, simple and understandable statement the Secretary of State not later than the 70thexplaining the measure and its effect; day before the general election or the 68th (c) The county or metropolitan service day before a special election held on the datedistrict adopts and complies with an ordi- of any primary election. The county or dis-nance that provides a review procedure for trict shall pay to the Secretary of State theTitle 23 Page 83 (2007 Edition)
  • 86. 251.295 ELECTIONScost of including the county or district ma- (e) Any portraits and statements relatingterial in the pamphlet as determined by the to candidates submitted in accordance withsecretary. The Secretary of State shall not the provisions of ORS 251.305 to 251.435.have this material printed in the pamphlet (f) Any ballot titles, explanatory state-unless: ments and arguments submitted in accor- (a) The time for filing a petition for judi- dance with the provisions of ORS 251.305 tocial review of a determination made under 251.435.subsection (2)(c) of this section has passed; (g) Such other information as the countyand clerk considers to be appropriate or neces- (b) The measure, title, statement and ar- sary to inform the voters.guments properly filed with the county or (2) The county clerk shall mail or other-metropolitan service district, are delivered to wise distribute the county voters′ pamphletthe secretary. [Formerly 255.455; 1981 c.173 §29; 1989 not later than the last day for mailing ballotsc.250 §1; 1991 c.15 §3; 1991 c.719 §11; 1995 c.712 §47; 1999c.318 §53; 2001 c.965 §11] to electors as provided in ORS 254.470. [1989 c.1031 §3; 1993 c.713 §29; 1993 c.811 §16; 1999 c.410 §26; 251.295 Radio and television broad- 2007 c.154 §13]casts to supplement pamphlet. The Secre- 251.320 [Repealed by 1957 c.217 §9]tary of State, pursuant to ORS 193.310 to 251.325 Schedule and procedures for193.360, may supplement the special or gen- producing and distributing pamphlet;eral election voters′ pamphlet by causing to fees; rules. (1) The Secretary of State byhave broadcast by radio or television, mate- rule shall adopt a schedule and proceduresrial specified in this section at times the for preparing, printing and distributingsecretary determines suitable during the four county voters′ pamphlets. The schedule andweeks immediately preceding the election at procedures shall include but not be limitedwhich state measures are to be submitted to to deadlines for filing material for the voters′the people. The material provided by broad- pamphlet, and except as otherwise providedcast shall include only the following: by law, the format of material to be submit- (1) The ballot title or popular name of ted and the size and other requirements ap-each state measure. plicable to candidate portraits. (2) The number and form in which the (2) Except as provided in subsection (3)ballot title of the state measures will be of this section, at the time materials are filedprinted on the official ballot. under ORS 251.335, each candidate for nomi- (3) A summary of the explanatory state- nation or election to the following officesments filed relating to each state measure. shall pay to the county clerk the following[Formerly 255.510] fee for space in the county voters′ pamphlet: (a) An office to which a salary or other COUNTY VOTERS′ PAMPHLET compensation beyond expenses is attached, 251.305 County voters′ pamphlet. The $100.county clerk of any county may prepare, (b) An office to which a salary or otherprint and distribute a county voters′ pam- compensation beyond expenses is not at-phlet for any election. [1989 c.1031 §2; 1991 c.48 tached, $25.§1] (3) At the time materials are filed under 251.310 [Repealed by 1957 c.217 §9] ORS 251.335, each candidate for nomination 251.315 Information required to be in- or election to a city or county office at thecluded in voters′ pamphlet; deadline for primary or general election shall pay to thedistribution. (1) If a county produces a county clerk the following fee for space incounty voters′ pamphlet, the county voters′ the county voters′ pamphlet:pamphlet shall include, when applicable, at (a) If the number of active electors in theleast the following information: electoral district is less than 1,000, $25. (a) Requirements for a citizen to qualify (b) If the number of active electors in theas an elector. electoral district is 1,000 or more and less (b) Requirements for registration and up- than 10,000, $50.dates of registration. (c) If the number of active electors in the (c) Elector instructions, including the electoral district is 10,000 or more and lessright of an elector to request a second ballot than 50,000, $100.if the first ballot is spoiled and the right of (d) If the number of active electors in thean elector to seek assistance in marking the electoral district is 50,000 or more, $300.ballot. (4) The Secretary of State by rule shall (d) The hours and locations of places adopt a schedule of fees to be charged by thedesignated under ORS 254.470 for deposit of county clerks for including arguments in theofficial ballots. voters′ pamphlet. The fees need not reflectTitle 23 Page 84 (2007 Edition)
  • 87. VOTERS′ PAMPHLET 251.365the actual cost of producing the voters′ pam- 251.350 [Repealed by 1957 c.217 §9]phlet. 251.355 Filing arguments for or (5) The county clerk shall refund a filing against measure. (1) Not later than thefee described in this section to any person date specified by the Secretary of State bywho applies for the refund not later than the rule, in a county that prepares a county vot-last day for filing material for inclusion in ers′ pamphlet, any person may file with thethe voters′ pamphlet. When a refund is made, county clerk a typewritten argument sup-the material for which the fee was paid may porting or opposing any measure to be sub-not be included in the pamphlet. mitted to the voters on the ballot. The (6) As used in this section, “electoral county clerk shall not accept any argumentsdistrict” means a county, the part of a city which are not accompanied by the fee estab-located within the county or, if a candidate lished by the Secretary of State or a petitionis elected by zone or subdistrict of the in a form prescribed by the Secretary ofcounty or city, the zone or subdistrict in State. A petition shall contain the signatureswhich the candidate is nominated or elected. of at least four percent of the electors in the[1989 c.1031 §4; 2003 c.468 §1] county eligible to vote on the measure to 251.330 [Repealed by 1957 c.217 §9] which the argument refers, or the signatures of 1,000 electors in the county eligible to 251.335 Filing portrait and statement vote on the measure to which the argumentby or for candidate; disclaimer. (1) As refers, whichever is less. The number of reg-used in this section, “district” has the mean- istered electors in an electoral district, foring given that term in ORS 255.012. the purposes of this section, shall be calcu- (2) Not later than the date specified by lated on January 1 of each year. Each personthe Secretary of State, any candidate for signing the petition shall subscribe to anomination or election to county, city or statement that the person has read andspecial district office within the county, or agrees with the argument. The signatures onan agent of the candidate, may file with the each petition shall be certified by the countycounty clerk of a county that prepares a clerk in the manner provided in ORS 249.008.county voters′ pamphlet a portrait of the The petition shall be filed with the countycandidate and a typewritten statement of the clerk.reasons the candidate should be elected. The (2) The county clerk shall include in theportrait and statement must comply with the county voters′ pamphlet, on the page of theapplicable rules of the Secretary of State. printed argument, the name of the person (3) The county clerk may not accept the who submitted the argument, the name offiling of a statement or portrait of any can- the organization the person represents, ifdidate unless the filing is accompanied by any, whether the argument supports or op-the appropriate fee described in ORS 251.325. poses the measure and a disclaimer that the (4) At the bottom of each allotted space argument does not constitute an indorsementof the county voters′ pamphlet containing a by the county and that the county does notportrait and statement filed by a candidate, warrant the accuracy or truth of any state-the county clerk shall include: ment made in the argument. [1989 c.1031 §7] (a) A statement identifying the person 251.358 Omission from voters′ pam-who furnished the portrait and statement; phlet of ballot titles, explanatory state-and ments and arguments for certain (b) A disclaimer in boldfaced type in measures. Notwithstanding ORS 251.315,substantially the following form: 251.345 or 251.355, in the case of a measure__________________________________________ submitted under ORS 254.095 (3), 254.103 (2) or 255.085 (2) and at the discretion of theThe above information has not been verified county clerk, the ballot title, explanatoryfor accuracy by the county. statement and all arguments supporting or__________________________________________ opposing the measure may be omitted from a county voters′ pamphlet. [1995 c.607 §33][1989 c.1031 §5; 2003 c.468 §2; 2005 c.234 §2] Note: 251.358 was added to and made a part of 251.340 [Repealed by 1957 c.217 §9] 251.305 to 251.435 by legislative action but was not added to any smaller series therein. See Preface to Or- 251.345 Explanatory statement. Not egon Revised Statutes for further explanation.later than the date specified by the Secretary 251.360 [Repealed by 1957 c.217 §9]of State, in a county that prepares a countyvoters′ pamphlet, the governing body for any 251.365 Cost of pamphlet preparation;electoral district that has referred a measure allocation of revenue. (1) Any county clerkto the voters shall submit an impartial, sim- preparing, printing and distributing a countyple and understandable statement explaining voters′ pamphlet may apportion the cost ofthe measure and its effect. [1989 c.1031 §6; 1991 preparing, printing and distributing thec.48 §2] county voters′ pamphlet as a cost of theTitle 23 Page 85 (2007 Edition)
  • 88. 251.375 ELECTIONSelection according to the formula established sion in a county voters′ pamphlet, if theby the Secretary of State for the allocation name or title of the person or the name ofof election costs. The apportioned election the organization is cited as supporting orcosts shall be reduced for each electoral dis- endorsing the argument or statement.trict by the amount of any revenue received (2) The county clerk may print the nameby the county clerk from the submission of or title of a person or the name of an organ-candidate portraits, statements and argu- ization in an argument or statement submit-ments for that electoral district. ted for inclusion in a county voters′ (2) Any revenue collected by the county pamphlet as supporting or endorsing the ar-clerk from the submission of candidate por- gument or statement if:traits, statements or arguments for any elec- (a) Not later than the deadline for filingtoral district which may exceed the an argument or statement with the countyapportioned cost of the election for that clerk, the county clerk receives a statementelectoral district shall be applied to reduce signed by the person, or by an authorizedthe shared costs of the election for all re- person on behalf of an organization, statingmaining electoral districts. [1989 c.1031 §8] that the person consents to the use of the 251.370 [Repealed by 1957 c.217 §9] name or title of the person or the name of 251.375 Exception to ORS 251.365 for the organization; orcertain districts. ORS 251.365 does not ap- (b) The name or title of a person or theply to any special district for which the name of an organization is used with a quo-county clerk is required to hold elections if tation made by the person or by an author-the special district demonstrates to the sat- ized person on behalf of an organization, theisfaction of the county clerk that the special quotation was disseminated to the publicdistrict is unable to pay the apportioned ex- prior to its inclusion in the argument orpenses of the voters′ pamphlet as determined statement and the quotation is identified byunder ORS 251.365. If the special district is its source and date.unable to pay, the expenses apportioned to (3) A person may not:that district may be apportioned among theother electoral districts participating in the (a) Submit a false signature under sub-election. [1989 c.1031 §9] section (2) of this section; or 251.380 [Repealed by 1957 c.217 §9] (b) Alter the manner in which a person signing a statement of consent described in 251.385 “Electoral district” defined for subsection (2) of this section designates theORS 251.345 to 251.375. As used in ORS person′s name or title or the name of the251.345 to 251.375, “electoral district” means organization the person represents to appearthe county or a city, or district as defined in in the argument or statement. This para-ORS 255.012 located within the county. [1989 graph does not prohibit revisions allowed orc.1031 §10] required under ORS 251.415. [1989 c.1031 §12; 251.390 [Repealed by 1957 c.217 §9] 1993 c.493 §22; 2003 c.233 §3] 251.395 Content of statements and ar- 251.410 [Repealed by 1957 c.217 §9]guments; notice of material that may be 251.415 Type of material to be ex-excluded. (1) Statements and arguments cluded from pamphlet; liability for libel;submitted for inclusion in a county voters′ procedure if material excluded. (1) Thepamphlet by a candidate, political party or county clerk shall reject any statement, ar-assembly of electors, or a person supporting gument or other matter offered for filing andor opposing a measure shall consist only of printing in a county voters′ pamphlet which:words or numbers. (a) Contains any obscene, profane or (2) The county clerk shall specify on any defamatory language;instructions for filing a statement, argument (b) Incites or advocates hatred, abuse oror other material in the voters′ pamphlet violence toward any person or group; orthat the statement, argument or materialmay be excluded under ORS 251.415. [1989 (c) Contains any language which may notc.1031 §11; 1993 c.351 §4] legally be circulated through the mails. 251.400 [Repealed by 1957 c.217 §9] (2) Nothing in this chapter shall make 251.405 Names or titles of persons or the author of any statement or argument ex-names of organizations excluded from empt from any civil or criminal action be-arguments and statements; exceptions; cause of any defamatory statements offeredprohibitions. (1) Except as provided in sub- for printing or contained in the voters′ pam-section (2) of this section, the county clerk phlet. The persons writing, signing or offer-may not print the name or title of a person ing a statement or argument for filing shallor the name of an organization in an argu- be deemed its authors and publishers.ment supporting or opposing any measure or (3) The county clerk shall by rule estab-a statement of any candidate, filed for inclu- lish a procedure to notify a person who of-Title 23 Page 86 (2007 Edition)
  • 89. VOTERS′ PAMPHLET 251.435fered a statement, argument or other matter 251.520 [1955 c.498 §2; 1957 c.218 §2; 1963 c.351 §4;that was rejected pursuant to this section. 1965 c.124 §1; 1975 c.675 §22; 1979 c.190 §324; renumbered 258.161]Subject to voters′ pamphlet deadlines, theprocedure shall require the county clerk to: 251.530 [1955 c.498 §3; repealed by 1957 c.218 §11] 251.540 [1955 c.498 §5; 1963 c.351 §5; 1979 c.190 §326; (a) Make reasonable attempts to notify renumbered 258.181]the person of the rejection; and 251.550 [1955 c.498 §4; 1957 c.218 §3; 1963 c.351 §6; (b) Allow the person, if notified pursuant 1965 c.124 §2; 1975 c.675 §23; 1979 c.190 §327; renumberedto paragraph (a) of this subsection, to revise 258.190]the statement so that it does not violate the 251.560 [1955 c.498 §6; 1957 c.218 §4; 1963 c.351 §7;provisions of this section. [1989 c.1031 §13; 1993 1975 c.675 §24; 1979 c.190 §328; renumbered 258.200]c.351 §2] 251.570 [1955 c.498 §7; 1957 c.218 §5; 1979 c.190 §329; 251.420 [Repealed by 1957 c.217 §9] renumbered 258.211] 251.580 [1955 c.498 §8; 1957 c.218 §6; 1965 c.124 §3; 251.425 Format of candidate′s state- 1969 c.462 §1; repealed by 1979 c.190 §431]ment. The candidate′s statement in a county 251.590 [1955 c.498 §9; 1957 c.218 §7; 1963 c.351 §8;voters′ pamphlet shall begin with a summary 1979 c.190 §330; renumbered 258.221]of the following: Occupation, educational and 251.600 [1955 c.498 §10; 1957 c.218 §8; 1963 c.351 §9;occupational background, and prior govern- 1979 c.190 §332; renumbered 258.241]mental experience. [1989 c.1031 §14] 251.610 [1955 c.498 §11; 1957 c.218 §9; 1963 c.351 §10; 251.430 Exemption from public records 1971 c.743 §348; 1979 c.190 §333; renumbered 258.250]law. Notwithstanding ORS 192.410 to 192.505 251.615 [1963 c.351 §3; 1979 c.190 §335; renumberedrelating to public records, materials filed by 258.270]a candidate for inclusion in a county voters′ 251.620 [1955 c.498 §14; 1957 c.218 §10; 1973 c.657 §6;pamphlet and arguments supporting or op- repealed by 1979 c.190 §431]posing a measure filed by any person for 251.625 [1963 c.351 §2; 1979 c.190 §323; renumberedinclusion in a county voters′ pamphlet are 258.150]exempt from public inspection until the 251.630 [1969 c.272 §2; 1979 c.190 §331; renumberedfourth business day after the final date for 258.231]filing the materials. [1989 c.1031 §15; 1993 c.493 §23] 251.635 [1969 c.272 §3; 1979 c.190 §334; renumbered 258.260] 251.435 Statements and arguments in- 251.640 [1973 c.657 §2; 1975 c.675 §25; 1979 c.190 §336;admissible in action to enjoin publication renumbered 258.280]of pamphlet. Material submitted for inclu- 251.645 [1973 c.657 §3; 1975 c.675 §26; 1979 c.190 §337;sion in any state or county voters′ pamphlet renumbered 258.290]shall not be admitted as evidence in any suit 251.650 [1973 c.657 §4; 1979 c.190 §338; renumberedor action against the county clerk to restrain 258.300]or enjoin the publication of the voters′ pam- 251.990 [1955 c.498 §15; repealed by 1979 c.190 §431]phlet. [1989 c.1031 §16] 251.440 [1989 c.773 §6; repealed by 1995 c.607 §91] 251.991 [Formerly 255.990; repealed by 1987 c.718 §5] 251.510 [1955 c.498 §1; 1957 c.218 §1; 1973 c.657 §5;repealed by 1979 c.190 §431]Title 23 Page 87 (2007 Edition)
  • 90. ELECTIONSTitle 23 Page 88 (2007 Edition)
  • 91. Chapter 252 (Former Provisions) Nonpartisan Nominations and Elections Note: For statutes relating to nonpartisan nomi- 252.250 [Repealed by 1961 c.624 §8 and 1965 c.519nations and elections see ORS chapter 249. §15] 252.010 [Amended by 1961 c.533 §36; 1969 c.198 §11; 252.255 [1955 c.108 §2; repealed by 1961 c.624 §8 andrepealed by 1979 c.190 §431] 1965 c.519 §15] 252.020 [Amended by 1961 c.533 §37; repealed by 252.260 [Repealed by 1961 c.624 §8 and 1965 c.5191979 c.190 §431] §15] 252.030 [Amended by 1957 c.311 §1; 1961 c.533 §38; 252.270 [Repealed by 1961 c.624 §8 and 1965 c.519repealed by 1979 c.190 §431] §15] 252.035 [1961 c.533 §39b; repealed by 1979 c.190 §431] 252.310 [Repealed by 1965 c.137 §1] 252.040 [Repealed by 1979 c.190 §431 and 1979 c.451 252.320 [Repealed by 1965 c.137 §1]§3] 252.330 [Repealed by 1965 c.137 §1] 252.050 [Amended by 1957 c.311 §2; 1979 c.451 §1; 252.340 [Repealed by 1965 c.137 §1]repealed by 1979 c.190 §431] 252.350 [Repealed by 1965 c.137 §1] 252.060 [Amended by 1957 c.311 §3; 1961 c.533 §39; 252.355 [Repealed by 1965 c.137 §1]1977 c.829 §14; 1979 c.190 §124; renumbered 249.205] 252.360 [Repealed by 1965 c.137 §1] 252.070 [Amended by 1957 c.311 §4; 1961 c.533 §40; 252.370 [Repealed by 1965 c.137 §1]1969 c.198 §12; 1979 c.451 §2; 1979 c.587 §1; repealed by1979 c.190 §431] 252.510 [1953 c.87 §1; repealed by 1979 c.190 §431] 252.080 [Repealed by 1979 c.190 §431] 252.520 [1953 c.87 §2; 1979 c.519 §24; repealed by 1979 c.190 §431] 252.110 [Amended by 1969 c.198 §13; repealed by1979 c.190 §431] 252.530 [1953 c.87 §3; 1957 c.311 §6; repealed by 1979 c.190 §431] 252.130 [1953 c.52 §5; 1957 c.311 §5; 1961 c.724 §28;repealed by 1979 c.190 §431] 252.540 [1953 c.87 §4; repealed by 1979 c.190 §431] 252.550 [1953 c.87 §5; 1957 c.311 §7; repealed by 1979 252.140 [Repealed by 1961 c.724 §34] c.190 §431] 252.150 [1965 c.519 §§5,6,7; 1971 c.369 §1; repealed by 252.555 [1955 c.169 §4; 1957 c.311 §8; 1977 c.829 §16;1979 c.190 §431 and 1979 c.713 §3] repealed by 1979 c.190 §431] 252.160 [1965 c.519 §8; repealed by 1979 c.190 §431 252.560 [1953 c.87 §6; 1957 c.311 §9; repealed by 1979and 1979 c.713 §3] c.190 §431] 252.170 [1965 c.519 §9; repealed by 1979 c.190 §431 252.570 [1953 c.87 §7; repealed by 1979 c.190 §431]and 1979 c.713 §3] 252.610 [1969 c.353 §1; repealed by 1979 c.190 §431] 252.180 [1965 c.519 §10; 1975 c.675 §27; repealed by 252.620 [1969 c.353 §2; repealed by 1979 c.190 §431]1979 c.190 §431 and 1979 c.713 §3] 252.630 [1969 c.353 §3; repealed by 1979 c.190 §431] 252.190 [1965 c.519 §11; 1977 c.829 §15; repealed by1979 c.190 §431 and 1979 c.731 §3] 252.640 [1969 c.353 §4; repealed by 1979 c.190 §431] 252.200 [1965 c.519 §12; repealed by 1979 c.190 §431 252.650 [1969 c.353 §5; 1977 c.829 §17; repealed byand 1979 c.713 §3] 1979 c.190 §431] 252.205 [1965 c.519 §13; repealed by 1979 c.190 §431 252.660 [1969 c.353 §6; repealed by 1979 c.190 §431]and 1979 c.713 §3] 252.670 [1969 c.353 §7; repealed by 1979 c.190 §431] 252.210 [Repealed by 1961 c.624 §8 and 1965 c.519 252.810 [1961 c.93 §2; 1979 c.190 §114; 1979 c.587 §5;§15] renumbered 249.072] 252.220 [Repealed by 1961 c.624 §8 and 1965 c.519 252.820 [1967 c.65 §2; repealed by 1979 c.190 §431]§15] 252.830 [1973 c.283 §6; repealed by 1979 c.190 §431] 252.230 [Repealed by 1961 c.624 §8 and 1965 c.519 252.840 [1977 c.508 §14; repealed by 1979 c.190 §431]§15] 252.990 [Repealed by 1965 c.137 §1] 252.240 [Repealed by 1961 c.624 §8 and 1965 c.519§15]Title 23 Page 89 (2007 Edition)
  • 92. ELECTIONSTitle 23 Page 90 (2007 Edition)
  • 93. Chapter 253 2007 EDITION Absent Electors GENERAL PROVISIONS 253.530 Voting by spouse and dependents of long253.005 Definitions term absent elector 253.540 Application for ballot by long term absent253.015 Becoming absent elector elector253.030 Application for ballot; primary election; 253.545 County clerk duties upon receipt of appli- rules; continuing validity of application cation; application as registration253.045 Preparation and disposition of ballots 253.550 Applications made under federal statutes253.055 Form and content of ballot 253.565 Application for special ballot by long term253.065 Delivery of ballot; replacement ballots absent elector253.070 Marking and returning ballot; procedure 253.575 County clerk duties upon receipt of appli- when ballot returned to wrong county cation for special ballot; application as clerk valid voter registration; replacement bal- lots253.080 Duties of clerk on receipt of ballot; man- ner of counting ballots 253.585 Receipt of long term absent elector ballots by Secretary of State253.135 Special absent elector procedures 253.640 State officers to coordinate voting by long term absent electors with federal author- LONG TERM ABSENT ELECTORS ities253.500 Construction of long term absent elector 253.645 Electors called to active military duty law 253.700 Duty to challenge absentee ballot; proce-253.510 Definitions for ORS 253.500 to 253.640 dures253.515 Long term absent elector procedures to 253.710 Alteration of application prohibited; ex- conform to absentee ballot procedures ceptionsTitle 23 Page 91 (2007 Edition)
  • 94. ELECTIONSTitle 23 Page 92 (2007 Edition)
  • 95. ABSENT ELECTORS 253.065 GENERAL PROVISIONS 253.035 [1969 c.676 §5; 1977 c.352 §6; repealed by 1979 c.190 §431] 253.005 Definitions. As used in this 253.040 [Amended by 1957 c.641 §4; 1959 c.458 §3;chapter: 1975 c.675 §30; 1977 c.508 §10; 1979 c.190 §204; 1991 c.107 §6; repealed by 1999 c.410 §67] (1) “Clerk” means the county clerk. (2) “County clerk” means the county 253.045 Preparation and disposition ofclerk or the county official in charge of ballots. (1) The clerk shall print as manyelections. absentee ballots as may be necessary as soon as possible after receiving the information (3) “Elector” means an individual quali- concerning candidates and measures to befied to vote under section 2, Article II, Ore- voted on at an election, but not later thangon Constitution. the 45th day before the election. (4) “Absent elector” means a person to (2) The clerk is responsible for the safe-whom the county clerk has issued a ballot keeping and disposition of the ballots, andprior to the date that ballots are mailed to shall destroy all unused ballots as soon aselectors as provided in ORS 254.470 (2)(a) or practicable after the election. [1979 c.190 §205;(b). [1979 c.190 §201; 1979 c.317 §10a; 1999 c.410 §27; 2007 1981 c.173 §30; 1989 c.923 §1; 1991 c.71 §7; 1991 c.107 §7;c.154 §14] 1993 c.713 §56; 1999 c.410 §28; 2007 c.154 §15] 253.007 [1999 c.410 §32; repealed by 2007 c.154 §67] 253.050 [Repealed by 1957 c.641 §23] 253.010 [Amended by 1957 c.641 §1; 1959 c.458 §1; 253.055 Form and content of ballot. (1)1969 c.676 §1; 1975 c.675 §28; 1977 c.352 §5; 1979 c.317 §10; Absentee ballots may be the regular ballotsrepealed by 1979 c.190 §431] used at the election or special ballots and, 253.015 Becoming absent elector. An except as provided in subsection (2) of thiselector may become an absent elector when section, shall be in substantially the samethe elector has reason to believe that the form as the regular ballots used at theelector will be unable for any reason to vote election.at the election. [1979 c.190 §202] (2) In counties in which voting machines 253.020 [Amended by 1957 c.641 §2; repealed by 1979 are used, paper ballots may be used as ab-c.190 §431] sentee ballots. 253.030 Application for ballot; primary (3) The ballot delivered to each absentelection; rules; continuing validity of ap- elector shall contain the names and otherplication. (1) Before an election any elector information concerning all candidates andmay apply to the clerk for the absentee bal- the information concerning all measures forlot of the election. which the absent elector is entitled to vote. (2) An application for an absentee ballot In lieu of the names and other informationmust be received by the clerk not later than concerning candidates for precinct commit-8 p.m. the day of the election. teeperson, blank spaces shall be provided on the ballot, in which the absent elector may (3) If an applicant not affiliated with any write the name of a candidate for that office.political party desires to vote in any major [1979 c.190 §206; 1991 c.107 §8; 2007 c.154 §16]political party primary election, the applicant 253.060 [Repealed by 1957 c.641 §23]may request and shall be sent a ballot for amajor political party if that political party 253.065 Delivery of ballot; replacementhas provided under ORS 254.365 for a pri- ballots. (1) For electors with mailing ad-mary election that admits electors not affil- dresses outside this state, the county clerkiated with any political party. shall deliver an absentee ballot: (4) Application for an absentee ballot (a) Not later than the 45th day before themay be made in any manner designated by election to each long term absent elector;the Secretary of State by rule, including in andwriting, by electronic mail or by using a (b) Not sooner than the 29th day beforefacsimile machine. As used in this subsec- the election to each elector with a mailingtion, “facsimile machine” means a machine address outside this state who is not a longthat electronically transmits or receives fac- term absent elector.similes of documents through connection (2) For electors with mailing addresses inwith a telephone network. this state, except if requested by the elector, (5) If an elector desires, the elector′s ap- absentee ballots delivered by mail shall beplication shall be valid for every subsequent delivered:election until the elector otherwise notifies (a) For primary elections and generalthe clerk or is no longer an elector of the elections, or any statewide special electioncounty. [Amended by 1957 c.641 §3; 1959 c.458 §2; 1969 for which a voters′ pamphlet is prepared, notc.676 §2; 1975 c.675 §29; 1977 c.179 §3; 1979 c.190 §203;1985 c.471 §8; 1987 c.719 §6; 1989 c.503 §36; 1991 c.107 §4; sooner than the date the Secretary of State1991 c.168 §1; 1993 c.493 §24; 1995 c.607 §78; 1995 c.712 first mails the voters′ pamphlet under ORS§48; 1999 c.999 §42; 2007 c.155 §9; 2007 c.881 §9] 251.175; orTitle 23 Page 93 (2007 Edition)
  • 96. 253.070 ELECTIONS (b) In the case of an election for which of the election. If a county clerk receives aa statewide voters′ pamphlet is not required ballot for an elector who does not reside into be prepared, not sooner than the 20th day the clerk′s county, the ballot shall be for-before the date of the election. warded to the county clerk of the county in (3) The ballot may be delivered to the which the elector resides not later than theabsent elector in the office of the clerk, by eighth day after the election. [Amended by 1957 c.641 §5; 1969 c.676 §3; 1979 c.190 §208; 1995 c.742 §13]postage prepaid mail or by any other appro-priate means. 253.080 Duties of clerk on receipt of (4) The clerk shall deliver with the ballot ballot; manner of counting ballots. (1)instructions for marking and returning the Upon receipt of an envelope containing aballot, a return identification envelope and a marked absentee ballot, the clerk shall keepsecrecy envelope. The name, official title and it safely in the office and, before deliveringaddress of the clerk shall appear on the front the ballot for counting, shall compare theof the envelope. On the back shall appear a signature of the absent elector which appearsstatement to be signed by the absent elector, on the back of the absentee ballot envelopestating that the elector: with that upon the applicant′s registration card. If the signatures appear to be the same, (a) Is qualified to vote; the envelope shall be marked in order to in- (b) Unless prevented by physical disabil- dicate that the ballot may be counted.ity, has personally marked the ballot; and (2) Except as otherwise provided in this (c) Has not unnecessarily exhibited the chapter, the absentee ballots shall bemarked ballot to any other person. counted and returns shall be made, as nearly (5) Notwithstanding subsections (1) and as possible, in the same manner as for other(2) of this section, if the county clerk re- ballots cast at the election. [Amended by 1957 c.641 §6; 1961 c.92 §1; 1979 c.190 §209; 1991 c.107 §9; 1999ceives an application for an absentee ballot c.410 §30]after the fifth day before an election, the 253.082 [1999 c.410 §33; repealed by 2007 c.154 §67]county clerk need not mail the ballot for that 253.085 [Amended by 1957 c.641 §8; 1961 c.163 §1;election but may deliver the ballot by making 1979 c.190 §210; 1999 c.410 §34; repealed by 2007 c.154it available in the office of the clerk. §67] (6) An elector may obtain a replacement 253.090 [Amended by 1957 c.641 §9; 1961 c.92 §2; 1979ballot if the ballot is destroyed, spoiled, lost c.190 §211; 1993 c.493 §25; repealed by 2007 c.154 §67]or not received by the elector. The county 253.095 [1979 c.190 §212; repealed by 2007 c.154 §67]clerk shall keep a record of each replace- 253.100 [Amended by 1957 c.641 §10; 1979 c.190 §213;ment ballot provided under this subsection. repealed by 2007 c.154 §67] (7) A replacement ballot may be mailed 253.110 [Amended by 1957 c.641 §11; repealed byor shall be made available in the office of the 1979 c.190 §431]county clerk. 253.120 [Amended by 1957 c.641 §12; 1979 c.190 §214; 1991 c.107 §10; repealed by 2007 c.154 §67] (8) If the county clerk determines that an 253.130 [Repealed by 1955 c.332 §20]elector to whom a replacement ballot hasbeen issued at the request of the elector has 253.135 Special absent elector proce-voted more than once, the county clerk shall dures. (1) An elector who, on the day of annot count any ballot cast by the elector. If election, will be absent from the county inthe county clerk is required to reissue bal- which the elector is registered may vote atlots due to a change on the ballot for any the elections office of any county clerk.reason, that ballot shall be counted in lieu (2) An elector voting under this sectionof any previous ballot issued unless: shall complete and sign a voter registration (a) Only the original ballot was voted and card.returned; or (3) A ballot cast under this section shall (b) The county clerk issued a supple- be forwarded to the county clerk of themental ballot that is not a complete replace- county in which the elector resides not laterment of the original ballot. [1979 c.190 §207; 1981 than the eighth day after the election. Thec.485 §1; 1989 c.923 §22; 1991 c.719 §50; 1995 c.607 §34; ballot shall be counted in the county in1999 c.318 §33; 1999 c.1002 §7] which the elector resides if the elector is 253.070 Marking and returning ballot; qualified to vote in that county. A vote shallprocedure when ballot returned to wrong be counted only if the elector is qualified tocounty clerk. Upon receipt of a ballot the vote for the particular office or on theabsent elector shall mark it and comply with measure.the instructions provided with the ballot. The (4) This section does not apply to personsabsent elector may return the marked ballot registered under ORS 247.410 and 247.420.to the office of the clerk, by any appropriate [1979 c.190 §215; 1993 c.713 §30; 1995 c.742 §14; 1999 c.410means. The ballot must be received by a §35; 2007 c.154 §17]county clerk not later than 8 p.m. of the day 253.140 [Repealed by 1979 c.190 §431]Title 23 Page 94 (2007 Edition)
  • 97. ABSENT ELECTORS 253.545 253.150 [Repealed by 1979 c.190 §431] in this state. [1955 c.332 §16; 1957 c.641 §15; 1965 253.160 [1969 c.261 §3; 1979 c.519 §25; repealed by c.153 §1; 1977 c.508 §11; 1979 c.190 §219]1979 c.190 §431] 253.540 Application for ballot by long 253.210 [Amended by 1957 c.641 §13; 1961 c.114 §14; term absent elector. (1) Any long term ab-repealed by 1979 c.190 §431] sent elector may secure an absentee ballot 253.300 [1971 c.27 §2; 1979 c.190 §56; renumbered by submitting an application as specified in247.435] subsection (2) of this section to the clerk of 253.310 [1971 c.27 §3; repealed by 1979 c.190 §431] the county of the long term absent elector′s 253.320 [1971 c.27 §4; repealed by 1979 c.190 §431] residence, or to the Secretary of State. If the 253.330 [1971 c.27 §5; repealed by 1979 c.190 §431] application is addressed to the Secretary of State, the secretary shall forward it to the LONG TERM ABSENT ELECTORS appropriate county clerk. 253.500 Construction of long term ab- (2) An application for an absentee ballotsent elector law. ORS 253.500 to 253.640 by a long term absent elector shall be madeshall be liberally construed so that all long in the form of a written request. The appli-term absent electors may be given an oppor- cation shall be valid for every subsequenttunity to fully exercise their voting rights. election until the elector otherwise notifies[Formerly 253.670] the clerk or is no longer an elector of the 253.510 Definitions for ORS 253.500 to county. The application shall be signed by253.640. As used in ORS 253.500 to 253.640, the applicant and contain:“long term absent elector” means a resident (a) The name and current mailing addressof this state absent from the place of resi- of the applicant;dence and: (b) A statement that the applicant is a (1) Serving in the Armed Forces of the citizen of the United States;United States or who has been discharged (c) A statement that the applicant willfrom the Armed Forces of the United States be 18 years of age or older on the date of thefor not more than 30 days; election; (2) Serving in the Merchant Marine of (d) A statement that for more than 20the United States or who has been dis- days preceding the election the applicant′scharged from the Merchant Marine of the home residence has been in this state, andUnited States for not more than 30 days; or giving the address of the last home resi- (3) Temporarily living outside the terri- dence;torial limits of the United States and the (e) A statement of the facts that qualifyDistrict of Columbia. [1955 c.332 §1; 1957 c.641 §14; the applicant as a long term absent elector1969 c.261 §1; 1979 c.190 §217; 1993 c.493 §26] or as the spouse or a dependent of a long 253.515 Long term absent elector pro- term absent elector;cedures to conform to absentee ballot (f) A statement that the applicant is notprocedures. Except as otherwise provided in requesting a ballot from any other state andORS 253.500 to 253.640, procedures relating is not voting in any other manner in theto long term absent electors′ ballots and election except by the requested absenteespecial absentee ballots shall be as nearly as ballot; andpossible the same as for other absentee bal-lots. [1979 c.190 §218; 1985 c.720 §4] (g) If the applicant desires to vote in a 253.520 [1955 c.332 §3; 1969 c.261 §4; repealed by 1979 primary election, a designation of the appli-c.190 §431] cant′s political party affiliation or a state- ment that the applicant is not affiliated with 253.530 Voting by spouse and depen- any political party. An applicant not affil-dents of long term absent elector. (1) A iated with any political party may request aspouse or dependent of a long term absent ballot for a major political party. The appli-elector, temporarily living outside the county cant shall be sent the ballot for the politicalor city in which is situated the last home party that the applicant requested if thatresidence in this state of the spouse or de- political party has provided under ORSpendent, may vote in the same manner as a 254.365 for a primary election that admitslong term absent elector. electors not affiliated with any political (2) A spouse or dependent of a long term party. [1955 c.332 §§7,8; 1957 c.641 §16; 1973 c.827 §25;absent elector, not previously a resident of 1975 c.675 §31; 1979 c.190 §220; 1979 c.519 §26; 1987 c.719 §7; 1991 c.168 §2; 1995 c.712 §49; 1999 c.999 §43]this state who intends to reside in this state,shall be considered a resident of this state 253.545 County clerk duties upon re-for voting purposes, and may vote in the ceipt of application; application as regis-same manner as a long term absent elector. tration. (1) Upon receipt of an applicationThe spouse or dependent shall be considered made under ORS 253.540 the county clerk,to have resided for more than 30 days at the without regard to whether the applicant islast residence of the long term absent elector an elector of the county, shall mail the ma-Title 23 Page 95 (2007 Edition)
  • 98. 253.550 ELECTIONSterials prescribed in ORS 253.065 to the ap- (d) A statement that the applicant willplicant. be 18 years of age or older on the date of the (2) Notwithstanding any provision of ORS election;chapter 247, the completed and signed appli- (e) A statement that for more than 20cation submitted under ORS 253.540 shall days preceding the election the applicant′sconstitute a valid registration for the appli- home residence has been in this state, andcant. giving the address of the last home resi- (3) Notwithstanding subsection (1) of this dence;section, if the county clerk receives an ap- (f) A statement of the facts that qualifyplication from a long term absent elector af- the applicant as a long term absent electorter the fifth day before an election, the or as the spouse or a dependent of a longcounty clerk need not mail the ballot for that term absent elector;election but may deliver the ballot by making (g) A statement of the facts that qualifyit available in the office of the clerk. [1979 the applicant to vote by means of a specialc.190 §221; 1981 c.485 §2; 1993 c.493 §27] absentee ballot; 253.550 Applications made under fed- (h) A statement that the applicant is noteral statutes. Whenever provision is made requesting a ballot from any other state andfor absentee voting by a statute of the is not voting in any other manner in theUnited States, including the Uniformed and election except by the requested special ab-Overseas Citizens Absentee Voting Act, 42 sentee ballot; andU.S.C. 1973ff (Public Law 99-410), an appli-cation for an absentee ballot made under (i) If the applicant requests a ballot forthat law may be given the same effect as an a primary election, a designation of the ap-application for an absentee ballot made un- plicant′s political party affiliation or a state-der ORS 253.500 to 253.640. [1955 c.332 §2; 1979 ment that the applicant is not affiliated withc.190 §222; 1991 c.71 §12] any political party. An applicant not affil- 253.560 [1955 c.332 §9; 1957 c.641 §17; repealed by iated with any political party may request a1979 c.190 §431] ballot for a major political party. The appli- cant shall be sent the ballot for the political 253.565 Application for special ballot party that the applicant requested if thatby long term absent elector. (1) Any long political party has provided under ORSterm absent elector may secure a special ab- 254.365 for a primary election that admitssentee ballot for a primary election or gen- electors not affiliated with any politicaleral election by making an application under party.this section if the elector believes that: (3) An application for a special absentee (a) The elector will be residing, stationed ballot shall be valid only for the electionor working outside the territorial limits of specified in the application.the United States and the District of Colum- (4) The county clerk shall list on thebia; and special absentee ballot the offices and mea- (b) The elector will be unable to vote and sures scheduled to appear on the regularreturn a regular absentee ballot by normal ballot, if known when the ballot is prepared,mail delivery within the period provided for and provide space in which the elector mayregular absentee ballots. write in the elector′s preference. (2) A long term absent elector shall make (5) The elector may write in the name ofthe application for a special absentee ballot any eligible candidate for each office to bein the form of a written request. The elector filled or for which nominations will be madeshall submit the application before the date at the election, and may vote on any measure submitted at the election. [1985 c.720 §2; 1987of the applicable election to the clerk of the c.719 §§8,25; 1989 c.503 §§38,39; 1995 c.712 §50; 1999 c.999county of the long term absent elector′s res- §44]idence or to the Secretary of State. If the 253.570 [1955 c.332 §11; 1957 c.641 §18; repealed byapplication is addressed to the Secretary of 1979 c.190 §431]State, the secretary shall forward it to the 253.575 County clerk duties upon re-appropriate county clerk. The application ceipt of application for special ballot; ap-shall be signed by the applicant and contain: plication as valid voter registration; (a) The name and current mailing address replacement ballots. (1) Upon receipt of anof the applicant; application made under ORS 253.565, if the (b) A designation of the election for applicant′s residence is in the county, the county clerk, without regard to whether thewhich the applicant requests a special ab- applicant is an elector of the county, shallsentee ballot; mail to the applicant a special absentee bal- (c) A statement that the applicant is a lot, instructions for filling in and returningcitizen of the United States; the ballot and an envelope to use for the re-Title 23 Page 96 (2007 Edition)
  • 99. ABSENT ELECTORS 253.710turn. The name, official title and office ad- of the day of the election shall be considereddress of the clerk shall appear on the front to have been received by the 8 p.m. deadlineof the envelope. On the back shall appear a specified in ORS 253.070. [2003 c.64 §5]statement to be signed by the absent elector, 253.590 [1955 c.332 §12; repealed by 1979 c.190 §431]stating that the elector: 253.600 [1955 c.332 §13; repealed by 1979 c.190 §431] (a) Is qualified to vote; 253.610 [1955 c.332 §6; 1957 c.641 §20; repealed by (b) Unless prevented by physical disabil- 1979 c.190 §431]ity, has personally marked the ballot; and 253.620 [1955 c.332 §15; 1957 c.641 §21; repealed by (c) Has not unnecessarily exhibited the 1979 c.190 §431]marked ballot to any other person. 253.630 [1955 c.332 §10; repealed by 1957 c.641 §23] (2) The completed and signed applicationsubmitted under ORS 253.565 shall constitute 253.640 State officers to coordinatea valid registration for the applicant. voting by long term absent electors with (3) If the county clerk receives an appli- federal authorities. All public officers hav-cation for a special absentee ballot on or af- ing duties under ORS 253.500 to 253.640 shallter the 45th day before the election specified coordinate their efforts with any federal au-in the application, the county clerk shall thority to facilitate voting by long term ab-treat the application as an application made sent electors, so that these electors may castunder ORS 253.540. their ballots with the least possible interfer- (4) A long term absent elector may obtain ence with the performance of their duties.a replacement ballot if the ballot is de- [1955 c.332 §4; 1979 c.190 §223]stroyed, spoiled, lost or not received by the 253.645 Electors called to active mili-elector. The county clerk shall keep a record tary duty. In the event of a national emer-of each replacement ballot provided underthis subsection. gency, the Secretary of State shall assure that any elector called to active military (5) Notwithstanding subsection (3) of this duty is not unnecessarily denied the oppor-section, a replacement ballot may be mailedor shall be made available in the office of the tunity to vote simply because of militarycounty clerk. duty. [1991 c.71 §14] (6) If the county clerk determines that a 253.650 [1955 c.332 §17; 1957 c.641 §22; repealed by 1979 c.190 §431]long term absent elector to whom a replace-ment ballot has been issued at the request 253.660 [1955 c.332 §5; repealed by 1957 c.641 §23]of the elector has voted more than once, the 253.670 [1955 c.332 §19; 1979 c.190 §216; renumberedcounty clerk shall not count any ballot cast 253.500]by the elector. If the county clerk is requiredto reissue ballots due to a change on the 253.700 Duty to challenge absenteeballot for any reason, that ballot shall be ballot; procedures. (1) The county clerk, ancounted in lieu of any previous ballot issued elections official or any elector shall chal-unless: lenge the absentee ballot of any person of- (a) Only the original ballot was voted and fering to vote as an absent elector whom thereturned; or clerk, official or elector knows or suspects (b) The county clerk issued a supple- not to be qualified as an elector. The per-mental ballot that is not a complete replace- son′s ballot may be challenged at any timement of the original ballot. [1985 c.720 §3; 1989 before the ballot is removed from its returnc.923 §2; 1991 c.719 §51; 1993 c.713 §61; 1995 c.607 §37; envelope for processing.1999 c.318 §34; 1999 c.410 §36] 253.580 [1955 c.332 §14; 1957 c.641 §19; repealed by (2) A challenge to an absentee ballot of1979 c.190 §431] a person offering to vote shall be made under oath or affirmation before the clerk and shall 253.585 Receipt of long term absent be in writing on a numbered challenge form.elector ballots by Secretary of State. (1) The statement shall contain the name andThe Secretary of State may receive ballots residence address of the challenger, the namefrom long term absent electors. of the person challenged and a statement of (2) If the Secretary of State receives a the facts upon which the challenge is based.ballot cast by a long term absent elector, the Any elections official may administer theSecretary of State shall deliver the ballot to oath or affirmation required under this sub-the county clerk or elections officer of the section. [1985 c.808 §32; 1999 c.410 §37; 2007 c.154 §18]county in which the elector who cast theballot is registered. 253.710 Alteration of application pro- hibited; exceptions. No person shall alter (3) A ballot received by the Secretary of any information supplied on an applicationState under this section not later than 8 p.m. for an absentee ballot except:Title 23 Page 97 (2007 Edition)
  • 100. 253.710 ELECTIONS (1) An elections officer in the perform- 253.990 [Subsection (2) enacted as 1955 c.332 §18; repealed by 1979 c.190 §431]ance of official duties. 253.995 [1985 c.808 §34; repealed by 1999 c.318 §55] (2) The applicant. [1985 c.808 §33]Title 23 Page 98 (2007 Edition)
  • 101. Chapter 254 2007 EDITION Conduct of Elections GENERAL PROVISIONS 254.370 Record of nonaffiliated electors; record of254.005 Definitions voting in primary election of major poli- tical party and in general election254.016 Elections conducted under this chapter 254.408 Procedure for voting by person for whom254.025 Construction of statutes applicable to pri- no evidence of registration is found mary elections 254.411 Voting after name change254.035 Time and place of elections for city offi- cers 254.415 Challenging ballot of person offering to vote; statement of challenge254.046 Expense of city election 254.426 Procedure on challenged ballot254.056 Date and purpose of general election and primary election 254.445 Assistance in marking ballot; use of sam- ple ballot as aid in voting254.065 Person receiving most votes nominated or elected; measure adopted by majority 254.458 Alternatives to secrecy envelope proce- of votes; when measure conflicts dures254.068 Simulated election for individuals under 254.465 Elections to be conducted by mail; rules 18 years of age 254.470 Procedures for conducting election by254.069 Participation in more than one nominat- mail; rules ing process for partisan public office 254.471 Extension of deadline for returning ballots254.071 Information regarding ballot format and in case of emergency method of voting ballot 254.472 Compartments for marking ballots254.074 County elections security plan 254.474 Voting booths for primary and general elections PREPARATORY PROCEDURES 254.476 Personnel for counting ballots254.076 Register of candidates for nomination 254.478 Preparation for counting ballots254.085 Secretary of State′s statement of offices, 254.480 Replacement ballots candidates and measures 254.482 Persons authorized to watch receiving and254.095 City elections officers′ statements of of- counting of votes fices, candidates and measures254.098 Expenses for change in information filed POST-ELECTION PROCEDURES under ORS 254.085 or 254.095 254.483 Procedures after 8 p.m. on election day;254.103 Filing of measures referred by county unused ballots governing body 254.485 Tally of ballots; test of vote tally system254.108 Numbering county, city and district mea- 254.495 Tally and return sheets; counting and sures; rules tallying ballots254.115 Official primary election ballot 254.500 Tally of write-in votes254.125 Nominating ballot for candidates to non- 254.505 Ballots to be counted; void ballots; par- partisan office; listing of candidates for tially void ballots judge at primary and general elections; use of term “incumbent” 254.515 Counting ballots marked “Presidential254.135 Official general or special election ballots only”254.145 Design and contents of official ballots 254.525 Test of vote tally system254.155 Order of candidate names on ballot 254.529 Hand count of ballots at general election; comparison with tally of vote tally sys-254.165 Adjusting ballot when vacancy occurs; tem; procedures notice to Secretary of State; exception 254.535 Preservation of certain materials; re-254.175 Providing ballot title and financial esti- tention of records mates in lieu of printing on ballot; state- ments in recall elections 254.545 Duties of county clerk after election254.185 Printing or furnishing of ballots by county 254.546 Duties of county clerk after recall clerk election; official declaration of result of recall election254.195 Ballot specifications 254.548 Individual nominated or elected by254.235 Testing of voting machines and vote tally write-in votes; form; rules systems; notice of test 254.555 Secretary of State′s duties after election;254.321 Providing map of proposed boundaries for Governor′s proclamation election on establishing or changing county or city boundaries 254.565 Duties of city elections officer after election VOTING 254.568 Certificate of election required before254.365 Voting at primary election by major party taking oath of office members and nonaffiliated electors 254.575 Procedure when tie voteTitle 23 Page 99 (2007 Edition)
  • 102. ELECTIONS SPECIAL ELECTION IN CASE OF 254.655 Order calling special election; date DEATH OF NOMINEE 254.660 Conduct of special election; rules254.650 Special election in case of death of nomi- nee of major political party within 30 days of general electionTitle 23 Page 100 (2007 Edition)
  • 103. CONDUCT OF ELECTIONS 254.035 GENERAL PROVISIONS tification of petition signers, required to be 254.005 Definitions. As used in this contained in a completed petition.chapter: (10) “Regular district election” means the (1) “Ballot” means any material on which election held each year for the purpose ofvotes may be cast for candidates or mea- electing members of a district board as de-sures. In the case of a recall election, fined in ORS 255.005 (2).“ballot” includes material posted in a voting (11) “Vote tally system” means one orcompartment or delivered to an elector by more pieces of equipment necessary to ex-mail. amine and tally automatically the marked (2) “Chief elections officer” means the: ballots. (a) Secretary of State, regarding a candi- (12) “Voting machine” means any devicedate for a state office or an office to be voted that will record every vote cast on candi-on in the state at large or in a congressional dates and measures and that will either in-district, or a measure to be voted on in the ternally or externally total all votes cast onstate at large. that device. [1979 c.190 §224; 1983 c.392 §5; 1983 c.567 §15; 1985 c.324 §2; 1987 c.707 §16; 1993 c.493 §95; 1995 c.92 (b) County clerk, regarding a candidate §5; 1995 c.107 §2; 1995 c.607 §79; 1999 c.410 §43; 2001 c.430for a county office, or a measure to be voted §2; 2005 c.731 §4; 2005 c.797 §67; 2007 c.154 §19]on in a county only. 254.007 [1999 c.410 §39; 2001 c.805 §4; repealed by 2007 c.154 §67] (c) City clerk, auditor or recorder, re-garding a candidate for a city office, or a 254.010 [Repealed by 1957 c.608 §231]measure to be voted on in a city only. 254.015 [1973 c.283 §4; 1977 c.487 §1; repealed by 1979 c.190 §431] (3) “County clerk” means the countyclerk or the county official in charge of 254.016 Elections conducted under thiselections. chapter. Any primary election, general election or special election held in this state (4) “Elector” means an individual quali- shall be conducted under the provisions offied to vote under section 2, Article II, Ore- this chapter, unless specifically providedgon Constitution. otherwise in the statute laws of this state. (5) “Major political party” means a poli- [1979 c.190 §225; 1983 c.350 §69a; 1995 c.712 §51; 1999 c.999tical party that has qualified as a major pol- §45]itical party under ORS 248.006. 254.020 [Repealed by 1957 c.608 §231] (6) “Measure” includes any of the follow- 254.025 Construction of statutes appli-ing submitted to the people for their approval cable to primary elections. (1) Statutes ap-or rejection at an election: plicable to primary elections shall be (a) A proposed law. construed as though the primary elections are separate elections for each major poli- (b) An Act or part of an Act of the Leg- tical party nominating candidates.islative Assembly. (2) The primary elections shall be con- (c) A revision of or amendment to the ducted as nearly as possible according to theOregon Constitution. theory expressed in the preamble to chapter (d) Local, special or municipal legis- 1, Oregon Laws 1905. [1979 c.190 §226; 1987 c.267lation. §37; 1995 c.712 §53; 1999 c.999 §46] (e) A proposition or question. 254.030 [Amended by 1957 c.608 §167; 1961 c.80 §1; 1969 c.42 §1; repealed by 1979 c.190 §431] (7) “Minor political party” means a poli-tical party that has qualified as a minor pol- 254.035 Time and place of elections foritical party under ORS 248.008. city officers. (1) It is the intention of the Legislative Assembly to carry out the pro- (8) “Nonpartisan office” means the office visions of section 14a, Article II, Oregonof judge of the Supreme Court, Court of Ap- Constitution.peals, circuit court or the Oregon Tax Court,Superintendent of Public Instruction, Com- (2) All elections for city officers shall bemissioner of the Bureau of Labor and Indus- held at the same time and place as electionstries, any elected office of a metropolitan for state and county officers. Unless a cityservice district under ORS chapter 268, jus- charter or ordinance provides otherwise, thetice of the peace, county clerk, county as- ballots used for state and county elections,sessor, county surveyor, county treasurer, if the county clerk considers it practicable,county judge who exercises judicial func- shall be arranged to include city offices andtions, sheriff, district attorney or any office measures. [Formerly 250.230; 2007 c.154 §20]designated nonpartisan by a home rule char- 254.040 [Amended by 1957 c.608 §168; 1959 c.177 §2; 1967 c.141 §1; 1969 c.42 §2; repealed by 1973 c.392 §1ter. (254.042 enacted in lieu of 254.040)] (9) “Prospective petition” means the in- 254.042 [1973 c.392 §2 (enacted in lieu of 254.040);formation, except signatures and other iden- 1975 c.627 §1; 1977 c.487 §2; repealed by 1979 c.190 §431]Title 23 Page 101 (2007 Edition)
  • 104. 254.046 ELECTIONS 254.045 [1967 c.141 §§3,4; repealed by 1973 c.392 §4] 254.068 Simulated election for individ- 254.046 Expense of city election. If a uals under 18 years of age. On the date ofcity holds a special election on a date other any election, the county clerk may conductthan the primary election or general a simulated election. As used in this section,election, it shall bear the expense of the “simulated election” means a demonstrationelection. [1979 c.190 §228; 1987 c.267 §38; 1995 c.712 election held for individuals under 18 years§52] of age for the purpose of encouraging future voter participation. [1991 c.436 §2] 254.050 [Repealed by 1957 c.608 §231] 254.055 [1973 c.481 §2; 1979 c.190 §145; 1979 c.345 §3; 254.069 Participation in more than onerenumbered 250.065] nominating process for partisan public office. (1) An elector may not participate in 254.056 Date and purpose of general more than one nominating process for eachelection and primary election. (1) The partisan public office to be filled at the gen-general election shall be held on the first eral election.Tuesday after the first Monday in November (2) An elector is considered to have par-of each even-numbered year. Except as pro- ticipated in the nominating process for eachvided in ORS 254.650, at the general election partisan public office listed on the ballot atofficers of the state and subdivisions of the a primary election if the elector returned astate, members of Congress and electors of ballot of a major political party at the pri-President and Vice President of the United mary election.States as are to be elected in that year shall (3) An elector is considered to have par-be elected. ticipated in the nominating process for a (2) The primary election shall be held on partisan public office listed on the ballot atthe third Tuesday in May of each even- the general election if:numbered year. At the primary election pre- (a) A minor political party nominated acinct committeepersons shall be elected and candidate for that office in the manner spec-major political party candidates shall be ified by the party in documents filed undernominated for offices to be filled at the gen- ORS 248.009 and the elector participated ineral election held in that year. [1979 c.190 §229; the nominating process; or1979 c.316 §20a; 1987 c.267 §1; 1995 c.712 §1; 1999 c.59 §64; (b) The elector participated in the nomi-1999 c.999 §28; 2001 c.965 §12; 2003 c.542 §7] nating process for that office by signing the 254.060 [Amended by 1953 c.359 §4; 1957 c.608 §169; minutes of an assembly of electors under1967 c.364 §1; 1967 s.s. c.3 §1; 1973 c.481 §1; repealed by ORS 249.735 or by signing a certificate of1979 c.190 §431] nomination made by individual electors un- 254.065 Person receiving most votes der ORS 249.740.nominated or elected; measure adopted (4) If a filing officer described in ORSby majority of votes; when measure con- 249.722 determines that an elector who hasflicts. (1) When one person is to be nomi- signed the minutes of an assembly of electorsnated for or elected to an office, the person under ORS 249.735 or a certificate of nomi-receiving the highest number of votes shall nation under ORS 249.740 has attempted tobe nominated or elected. When more than participate in more than one nominatingone person is to be nominated for or elected process for the same office to be filled at theto a single office, the persons receiving the general election, the signature of the electorhigher number of votes shall be nominated may not be considered for purposes of ORSor elected. This subsection does not apply to 249.735 or 249.740. [2005 c.593 §2]a candidate for election to an office at a 254.070 [Amended by 1953 c.359 §4; 1957 c.608 §170; 1967 c.634 §7; 1973 c.481 §3; 1977 c.468 §1; repealed bygeneral election if the election for the office 1979 c.190 §431]must be held at a special election as de-scribed in ORS 254.650. 254.071 Information regarding ballot format and method of voting ballot. Prior (2) No measure shall be adopted unless to each election, the county clerk shall makeit receives an affirmative majority of the every reasonable effort to acquaint electorstotal votes cast on the measure. If two or with the ballot format to be used in themore conflicting laws, or amendments to the election and the methods used to mark bal-Constitution or charter, are approved at the lots to cast a valid vote. [2001 c.965 §21; 2007 c.154same election, the law, or amendment, re- §21]ceiving the greatest number of affirmative 254.073 [1967 c.364 §3; 1967 s.s. c.3 §2; 1977 c.468 §2; 1979 c.190 §146; 1979 c.345 §14; renumbered 250.075]votes shall be paramount regarding eachconflict, even though the law, or amendment, 254.074 County elections security plan.may not have received the greatest majority (1) Each county clerk shall file a countyof affirmative votes. [1979 c.190 §230; 2003 c.542 elections security plan with the Secretary of§8] State not later than:Title 23 Page 102 (2007 Edition)
  • 105. CONDUCT OF ELECTIONS 254.095 (a) January 31 of each calendar year; and 254.077 [1967 c.364 §6; 1967 s.s. c.3 §3; 1973 c.481 §4; 1977 c.468 §3; 1979 c.190 §147; 1979 c.345 §5; renumbered (b) One business day after any revision 250.085]is made to the county elections security plan. 254.080 [Amended by 1953 c.359 §4; 1957 c.608 §171; (2) A county elections security plan shall repealed by 1967 c.364 §8]include, but is not limited to: 254.083 [1967 c.364 §6; repealed by 1967 s.s. c.3 §4] (a) A written security agreement entered 254.085 Secretary of State′s statementinto with any vendor handling ballots; of offices, candidates and measures. (1) (b) Security procedures for transporting The Secretary of State, not later than theballots; 61st day before the date of a primary or general election, shall file with each county (c) Security procedures at official places clerk a statement of the state and congres-of deposit for ballots; sional district offices to be filled or for which (d) Security procedures for processing candidates are to be nominated in the countyballots; at the election, information concerning all candidates for the offices, and the state mea- (e) Security procedures governing sures to be voted on.election observers; (2) The information concerning candi- (f) Security procedures for ballots located dates for the Supreme Court, Court of Ap-in county elections work areas, buildings and peals, Oregon Tax Court and circuit courtstorage areas; shall include a designation of incumbent for (g) Security procedures for vote tally each candidate who is the regularly electedsystems, including computer access to vote or appointed judge of the court to which thetally systems; and candidate seeks election. If a candidate was (h) Post-election ballot security. regularly elected or appointed to a specific position or department on the court, the (3) A security plan developed and filed candidate shall be designated as the incum-under this section is confidential and not bent only if the person is a candidate for thatsubject to disclosure under ORS 192.410 to position or department.192.505. [2001 c.965 §48] (3) Included with each state measure 254.075 [1967 c.364 §4; repealed by 1967 s.s. c.3 §4] shall be the measure number, the latest bal- lot title certified by the Attorney General PREPARATORY PROCEDURES under ORS 250.067 (2) or, if the Supreme Court has reviewed the title under ORS 254.076 Register of candidates for 250.085, the title certified by the court andnomination. The chief elections officer shall the financial estimates under ORS 250.125.keep a register of candidates for nomination The Secretary of State shall keep a copy ofat the primary election. The register, if ap- the statement. [Formerly 250.020; 1985 c.742 §1; 1991plicable, shall contain for each major poli- c.971 §8; 1993 c.493 §28; 1995 c.712 §55; 1999 c.59 §65; 2007tical party: c.159 §4] (1) The title of each office for which the 254.090 [Amended by 1953 c.632 §6; repealed by 1979major political party will nominate candi- c.190 §431]dates at the primary election. 254.095 City elections officers′ state- (2) The name and mailing address of each ments of offices, candidates and mea-candidate for nomination at the primary sures. (1) The chief elections officer of anyelection. city shall file with the county clerk of the county in which the city hall of the city is (3) The name of the major political party located, a statement of the city offices to bewith which the candidate is registered as af- filled or for which candidates are to be nom-filiated. inated at the election and information con- (4) The date of filing of the prospective cerning all candidates for the offices notpetition for nomination of the candidate. later than the 61st day before the date of the (5) The date of filing of the completed election.petition for nomination of the candidate, the (2) Except as provided in subsection (3)number of valid signatures contained and the of this section, the chief elections officer ofnumber of signatures required. any city shall file with the county clerk of (6) The date of filing of the declaration the county in which the city hall is located,of candidacy of the candidate. a statement of the city measures to be voted on, including the ballot title for each meas- (7) Such other information as may aid the ure, not later than the 61st day before thechief elections officer in arranging the offi- date of the election.cial ballot for the primary election. [Formerly249.070; 1987 c.267 §39; 1995 c.607 §38; 1995 c.712 §54; 1999 (3) If a measure to be submitted to thec.999 §47; 2007 c.154 §22] electors of a city at an election held on theTitle 23 Page 103 (2007 Edition)
  • 106. 254.098 ELECTIONSfirst Tuesday after the first Monday in No- 254.108 Numbering county, city andvember was submitted on the election date district measures; rules. (1) The countyin ORS 221.230 (1) immediately preceding the clerk shall number county, city and districtfirst Tuesday after the first Monday in No- measures consecutively and shall not repeatvember, the chief elections officer of the city any number in any subsequent election. Forshall file the statement required for that each election, the numbers assigned shallmeasure in subsection (2) of this section on begin with the number after the last numberthe 47th day before an election held on the assigned under this section at the previousfirst Tuesday after the first Monday in No- election. The measures shall be assignedvember. numbers in the order in which the measures (4) The chief elections officer of the city are filed with the clerk and in a manner thatshall keep a copy of each statement filed un- will not confuse county, city or district mea-der this section. sures with state measures. The number as- signed to each county, city and district (5) If a city is located in more than one measure shall be preceded by a uniquecounty, the county clerk under subsection (1) county prefix number. The Secretary of Stateof this section shall immediately file the by rule shall assign a prefix number to eachstatement and information required under county for the purpose of carrying out thesubsection (1) of this section with the county provisions of this subsection.clerk of any other county in which the cityis located. [Formerly 250.030; 1981 c.639 §2; 1987 c.707 (2) If a district or city is located in more§17; 1987 c.724 §5; 1989 c.503 §13; 1989 c.503 §14; 1989 than one county, the district elections officerc.923 §11; 1991 c.71 §8; 1993 c.493 §29; 1993 c.713 §57; 1995 under ORS 255.005 or the county clerk underc.712 §118] ORS 254.095 shall immediately certify a dis- 254.098 Expenses for change in infor- trict or city measure to the county clerk ofmation filed under ORS 254.085 or 254.095. any other county in which the district orIf, after the deadline for filing a statement city is located. [1987 c.724 §4; 1993 c.493 §17; 2001 c.267 §2]under ORS 254.085 or 254.095, an electoral 254.110 [Repealed by 1979 c.190 §431]district requires a change in the informationcontained in the statement, the electoral dis- 254.115 Official primary election bal-trict for which the change is made shall bear lot. (1) The official primary election ballotthe expenses incurred as a result of the shall be styled “Official Primary Nominatingchange. As used in this section, “electoral Ballot for the Party.” and shalldistrict” means the state in the case of a state:statement filed under ORS 254.085 and a city (a) The name of the county for which itin the case of a statement filed under ORS is intended.254.095. [1991 c.74 §2; 1993 c.493 §30] (b) The date of the primary election. 254.100 [Amended by 1953 c.632 §6; 1957 c.608 §172;repealed by 1979 c.190 §431] (c) The names of all candidates for nomi- nation at the primary election whose nomi- 254.103 Filing of measures referred by nating petitions or declarations of candidacycounty governing body. (1) The governing have been made and filed, and who have notbody of a county shall file with the county died, withdrawn or become disqualified.clerk each measure referred by the countygoverning body not later than the 61st day (d) The names of candidates for electionbefore the date of the election. as precinct committeeperson. (e) The names of candidates for the party (2) If a measure to be submitted to the nomination for President of the Unitedelectors of a county at an election held on States who qualified for the ballot underthe first Tuesday after the first Monday in ORS 249.078.November was submitted on the electiondate in ORS 203.085 (1) immediately preced- (2) The primary election ballot may in-ing the first Tuesday after the first Monday clude any city, county or nonpartisan officein November, the county governing body or the number, ballot title and financial esti-shall file the measure with the county clerk mates under ORS 250.125 of any measure.not later than the 47th day before an (3) The ballot may not contain the nameelection held on the first Tuesday after the of any person other than those referred to infirst Monday in November. [1983 c.15 §2; 1985 subsections (1) and (2) of this section. Thec.808 §35; 1987 c.707 §18; 1989 c.923 §12; 1991 c.71 §9; 1993 name of each candidate for whom a nomi-c.713 §58; 1995 c.712 §119] nating petition or declaration of candidacy 254.104 [1953 c.632 §7; repealed by 1979 c.190 §431] has been filed shall be printed on the ballot 254.105 [1969 c.299 §§1,2; repealed by 1979 c.190 §431] in but one place. In the event that two or 254.106 [1953 c.632 §5; 1957 c.608 §173; repealed by more candidates for the same nomination or1979 c.190 §431] office have the same or similar surnames, the 254.107 [Formerly 250.070; 1981 c.639 §3; repealed by location of their places of residence shall be1983 c.567 §22] printed opposite their names to distinguishTitle 23 Page 104 (2007 Edition)
  • 107. CONDUCT OF ELECTIONS 254.135one from another. [Formerly 249.354; 1983 c.7 §3; that electors of President and Vice President1983 c.567 §16; 1987 c.267 §42; 1991 c.971 §§9,10; 1993 c.493 are being elected and that a vote for the§§31,32; 1995 c.712 §56; 1999 c.410 §44; 1999 c.999 §48; 2007 candidates for President and Vice Presidentc.154 §23] shall be a vote for the electors supporting 254.118 [1995 c.712 §58; repealed by 1999 c.999 §59] those candidates. 254.120 [Amended by 1957 c.608 §174; 1979 c.317 §12;repealed by 1979 c.190 §431] (3)(a) The name of each candidate nomi- nated shall be printed upon the ballot in but 254.125 Nominating ballot for candi- one place, without regard to how many timesdates to nonpartisan office; listing of the candidate may have been nominated. Thecandidates for judge at primary and gen- name of a political party shall be added op-eral elections; use of term “incumbent.” posite the name of a candidate for other than(1) The names of candidates for a nonparti- nonpartisan office according to the followingsan office at a nominating election held on rules:the date of the primary election shall belisted without political party designation on (A) For a candidate not affiliated with aa nominating ballot under the title, and de- political party who is nominated by a minorpartment or position number if any, of the political party, the name of the minor poli-office. tical party shall be added opposite the name of the candidate; (2) At the primary election or generalelection: (B) For a candidate not affiliated with a political party who is nominated by more (a) The names of candidates who are op- than one minor political party, the name ofposed for nomination or election to the Su- the minor political party selected by thepreme Court, Court of Appeals, Oregon Tax candidate shall be added opposite the nameCourt and circuit court shall be printed on of the candidate;the ballot before the names of candidates forthose offices who are unopposed; and (C) For a candidate who is a member of a political party who is nominated by a poli- (b) The word “incumbent” shall follow tical party of which the candidate is not athe name of each candidate for the Supreme member, the name of the political party thatCourt, Court of Appeals, Oregon Tax Court nominated the candidate shall be added op-or circuit court who is designated the in- posite the name of the candidate;cumbent by the Secretary of State underORS 254.085. [1979 c.190 §236; 1979 c.451 §6; 1979 (D) For a candidate who is a member ofc.587 §4; 1983 c.7 §4; 1985 c.742 §2; 1993 c.493 §§35,36; 1995 a political party who is nominated by morec.658 §99; 1995 c.712 §59; 1999 c.410 §45; 2007 c.154 §24] than one political party of which the candi- 254.130 [Amended by 1957 c.608 §175; 1959 c.457 §7; date is not a member, the name of the poli-1975 c.766 §5a; 1979 c.317 §13; repealed by 1979 c.190 §431] tical party selected by the candidate shall be 254.135 Official general or special added opposite the name of the candidate;election ballots. (1) The official general or andspecial election ballot shall be styled “Offi- (E) For a candidate who is nominated bycial Ballot” and shall state: a political party of which the candidate is a (a) The name of the county for which it member, the name of the political party ofis intended. which the candidate is a member shall be (b) The date of the election. added opposite the name of the candidate. (c) The names of all candidates for offices (b) If a candidate is required to select theto be filled at the election whose nomi- name of a political party to be added on thenations have been made and accepted and ballot under paragraph (a) of this subsection,who have not died, withdrawn or become the candidate shall notify the filing officerdisqualified. The ballot may not contain the of the selection not later than the 61st dayname of any other person. before the day of the election. (d) The number, ballot title and financial (c) The word “incumbent” shall followestimates under ORS 250.125 of any measure the name of each candidate for the Supremeto be voted on at the election. Court, Court of Appeals, Oregon Tax Court or circuit court who is designated the in- (2) The names of candidates for President cumbent by the Secretary of State underand Vice President of the United States shall ORS 254.085.be printed in groups together, under theirpolitical party designations. The names of (d) The word “nonaffiliated” shall followthe electors may not be printed on the gen- the name of each candidate who is not affil-eral election ballot. A vote for the candidates iated with a political party and who is nomi-for President and Vice President is a vote for nated by an assembly of electors orthe group of presidential electors supporting individual electors.those candidates and selected as provided by (e) If two or more candidates for thelaw. The general election ballot shall state same office have the same or similar sur-Title 23 Page 105 (2007 Edition)
  • 108. 254.145 ELECTIONSnames, the location of their places of resi- designated “Referendum Order by Petition ofdence shall be printed opposite their names the People.” A state measure proposed byto distinguish one from another. [Formerly initiative petition shall be designated “Pro-250.110; 1983 c.7 §5; 1985 c.742 §3; 1991 c.971 §12; 1993 posed by Initiative Petition.”c.493 §38; 1995 c.606 §7; 1999 c.410 §46; 2005 c.797 §46;2007 c.154 §25] (8) The ballot shall be printed to give the 254.140 [Amended by 1957 c.608 §176; 1973 c.392 §3; elector a clear opportunity to designate therepealed by 1979 c.190 §431] elector′s choice for candidates and approval or rejection of measures submitted. If a vot- 254.145 Design and contents of official ing machine is not used, the elector shallballots. (1)(a) Except as provided in para- indicate a preference by making a cross orgraph (b) of this subsection, the names of check mark inside a voting square corre-candidates for nomination for or election to sponding to the candidate or answer foreach office shall be arranged on the ballot in which the elector wishes to vote. A votingthe order determined under ORS 254.155. square may be printed on the blank, write-in (b) The names of candidates for the of- vote spaces. However, the elector is not re-fices of President and Vice President of the quired to place a mark in the voting squareUnited States shall be arranged in groups. corresponding to a name written in a blank (2) Except as provided in ORS 254.125 space. Words shall be printed on the ballotand 254.135 and this section, no information to aid the elector, such as “Vote for one,”about the candidate, including any title or “Vote for three,” and regarding measures,designation, other than the candidate′s name, “Yes” and “No.” [1979 c.190 §238; 1983 c.253 §2; 1991 c.719 §27; 1991 c.971 §13; 1993 c.493 §39; 1993 c.713 §48;may appear on the ballot. 1995 c.607 §80; 1999 c.410 §47; 2007 c.154 §26] (3) Spaces shall be provided for any of- 254.150 [Amended by 1979 c.316 §14; repealed byfices appearing on the ballot in which the 1979 c.190 §431]elector may write the name of any person 254.155 Order of candidate names onnot printed on the ballot. If a voting machine ballot. (1) Not later than the 69th day beforeis used, spaces shall be provided on the bal- the date of any election the Secretary oflot, or on separate material delivered to the State shall complete a random ordering ofelector with the ballot, in which the elector the letters of the alphabet.may write or enter the names of persons forany offices appearing on the ballot. (2) Not later than the 68th day before the date of any election the Secretary of State (4) On the left margin of the ballot, the shall mail or deliver to each county clerk aname of each group or candidate may be copy of the random ordering of the letters ofnumbered. The blank spaces may not be the alphabet.numbered. A particular number may not be (3) The county clerk shall arrange byused to designate more than one candidate surname the names of the candidates on theat any election. ballot in the random order of the letters of (5) The names of all candidates for the the alphabet completed by the Secretary ofsame office shall be listed in the same col- State under subsection (1) of this section.umn on the ballot. If more than one column [Formerly 249.362; 1983 c.253 §1; 1987 c.267 §47; 1993 c.713 §49; 2007 c.154 §27]is needed to list names of all candidates forthat office, the names may be arranged in 254.160 [Amended by 1957 c.608 §177; 1979 c.190 §142; renumbered 250.025]one or more columns in block form. Theblock shall be set apart by rulings under the 254.165 Adjusting ballot when vacancytitle of the office. If a blank space follows occurs; notice to Secretary of State; ex-the list of candidates, the space shall be in ception. (1) If the filing officer determinesthe same column as the names of candidates that a candidate has died, withdrawn or be-for that office. If blocks of columns are used, come disqualified, or that the candidate willblank spaces shall be included within the not qualify in time for the office if elected,ruled block. the name of the candidate may not be printed on the ballots or, if they have already been (6) The ballot shall be clearly marked to printed, shall be erased or canceled beforeindicate when names of candidates for the the ballots are delivered to the electors. Theoffice are continued on the following page. name of a candidate nominated to fill a va- (7) When a measure is submitted to the cancy in nomination or office shall bepeople, the number, ballot title and financial printed on the ballots or, if they have alreadyestimates under ORS 250.125 of each meas- been printed, the county clerk shall causeure shall be printed after the list of candi- the name to appear on the ballots before thedates. A measure referred by the Legislative ballots are delivered to the electors. A filingAssembly shall be designated “Referred to officer, other than the Secretary of State,the People by the Legislative Assembly.” A shall notify the Secretary of State of any ac-state measure referred by petition shall be tion taken under this section.Title 23 Page 106 (2007 Edition)
  • 109. CONDUCT OF ELECTIONS 254.235 (2) Subsection (1) of this section does not under this section may be used in anapply if the filing officer makes the determi- election. [Formerly 250.080; 2007 c.154 §30]nation under subsection (1) of this section on 254.190 [Repealed by 1979 c.190 §431]or after the 30th day before the date of theelection. 254.195 Ballot specifications. (1) Offi- cial ballots shall be printed in black ink (3) As used in this section: upon good quality material. The primary (a) “District” means a district defined in election ballots shall be of different colorsORS 255.012. for the major political parties. (b) “Filing officer” means the: (2) The governing body of a city, county or district may mail sample ballots to all (A) Secretary of State, regarding a can- electors within the city, county or district todidate for a state office or an office to be assist the electors′ preparation for voting.voted on in the state at large or in a con- [Formerly 250.090; 1981 c.157 §1; 1985 c.471 §9; 1987 c.267gressional district. §48; 1995 c.712 §60; 1999 c.410 §50; 1999 c.999 §49; 2007 c.154 §31] (B) County clerk, regarding a candidate 254.200 [Repealed by 1957 c.608 §231]for a county office. 254.205 [Formerly 250.121; 1989 c.171 §34; 1989 c.773 (C) County clerk of the county in which §1; 1991 c.107 §11; 1995 c.607 §§39,39a; 1999 c.999 §50; re-the administrative office of the district is lo- pealed by 2007 c.154 §67]cated, regarding a candidate for a district 254.210 [Amended by 1957 c.608 §180; 1965 c.290 §1;office to be voted on in a district located in 1973 c.712 §1; 1975 c.766 §19; 1979 c.190 §190; renumbered 251.205]more than one county. 254.215 [Formerly 250.150; 1989 c.503 §15; repealed (D) County clerk, regarding a candidate by 2007 c.154 §67]for a district office to be voted on in a dis- 254.220 [Amended by 1957 c.608 §181; 1965 c.290 §2;trict situated wholly within the county. repealed by 1973 c.712 §2 (254.222 enacted in lieu of 254.220)] (E) City clerk, auditor or recorder, re-garding a candidate for a city office. [Formerly 254.222 [1973 c.712 §3 (enacted in lieu of 254.220);250.161; 1983 c.514 §12; 1991 c.719 §28; 1999 c.410 §48; 2007 1975 c.766 §20; 1979 c.190 §191; renumbered 251.215]c.154 §28] 254.225 [1975 c.766 §28; 1979 c.190 §192; renumbered 254.170 [Amended by 1957 c.608 §178; repealed by 251.225]1979 c.190 §431] 254.226 [1979 c.190 §246; 1983 c.514 §13; 1985 c.448 §4; 1985 c.471 §10; 1999 c.410 §51; repealed by 2007 c.154 254.175 Providing ballot title and fi- §67]nancial estimates in lieu of printing on 254.230 [1973 c.712 §4; 1979 c.190 §193; renumberedballot; statements in recall elections. (1) 251.235]In lieu of printing the complete ballot title 254.235 Testing of voting machinesof any measure, other than a state measure, and vote tally systems; notice of test. (1)the county clerk may print the caption and Not later than five business days before anthe question of the ballot title and the meas- election in which voting machines or voteure number on the ballot. tally systems are used, the county clerk (2) In lieu of printing the complete ballot shall:title and financial estimates of any state (a) Conduct a preparatory test of themeasure to be initiated or referred, the machine and system for logic and accuracycounty clerk may print the caption of the to ensure that each ballot format, where ap-ballot title, the statements described in ORS propriate, correctly tallies ballots in each250.035 (2)(b) and (c) and the measure num- electoral contest by precinct; andber on the ballot. (b) Conduct a public certification test for (3) In the case of a recall election, the the vote tally system using a selection ofstatements described in section 18, Article II precincts, ballot formats and electoral dis-of the Oregon Constitution, and ORS 249.877 tricts from the preparatory test conductedshall be printed on the ballot. under this subsection. (4) The complete text of each ballot title (2) Prior to the public certification testand any financial estimates shall be included under subsection (1)(b) of this section, thewith each official ballot. [Formerly 258.380; 1981 county clerk shall mail to each affiliate of ac.173 §31; 1981 c.391 §10; 1985 c.808 §36; 1991 c.971 §14;1995 c.534 §1a; 1999 c.410 §49; 2007 c.154 §29] major or minor political party within the county that has notified the clerk that notice 254.180 [Amended by 1953 c.150 §2; 1957 c.608 §179;1979 c.190 §151; renumbered 250.125] is desired, a notice of the time and place where the vote tally system will be publicly 254.185 Printing or furnishing of bal- tested. One representative of each party islots by county clerk. The county clerk entitled to be present to ensure that theshall print or furnish all the required ballots testing is done properly. In nonpartisan elec-and shall provide them for use by electors in tions each candidate may designate one rep-the county. Only ballots printed or furnished resentative who has the same powers as theTitle 23 Page 107 (2007 Edition)
  • 110. 254.321 ELECTIONSpolitical party representatives. The party and to vote in the primary election of a majorcandidate representatives shall certify that political party that has provided under sub-they have witnessed the testing. The certif- section (3) of this section for a primaryicates shall be filed with the county clerk. election that admits electors not affiliated[1979 c.190 §247; 1993 c.797 §23; 2001 c.965 §22; 2007 c.154 with any political party.§32] 254.245 [Formerly 250.610; 1987 c.707 §19; repealed (2) Except as provided in ORS 254.470 (3),by 2007 c.154 §67] any elector offering to vote at the primary 254.265 [1979 c.190 §249; 1979 c.519 §19a; repealed by election shall be given a ballot of the major2007 c.154 §67] political party with which the elector is reg- 254.275 [1979 c.190 §250; repealed by 2007 c.154 §67] istered as being affiliated. The elector may not be given a ballot of any other political 254.290 [Repealed by 1957 c.608 §231] party at that primary election. An elector 254.295 [Formerly 250.330; repealed by 2007 c.154 not affiliated with any political party and of-§67] fering to vote at the primary election shall 254.305 [Formerly 250.430; 1983 c.83 §29; 1985 c.808 be given the ballot of the major political§37; 1989 c.503 §40; 1991 c.436 §3; 1993 c.493 §40; 1993c.797 §24a; repealed by 1999 c.318 §55] party in whose primary election the elector wishes to vote if that party has provided un- 254.310 [Amended by 1957 c.608 §182; 1959 c.457 §8;1977 c.516 §1; repealed by 1979 c.190 §431] der subsection (3) of this section for a pri- mary election that admits electors not 254.315 [Formerly 258.245; repealed by 2007 c.154§67] affiliated with any political party. An elector not affiliated with any political party who is 254.320 [Amended by 1957 c.608 §183; 1975 c.675 §31b;repealed by 1979 c.190 §431] given a ballot of the major political party associates with the party for the purpose of 254.321 Providing map of proposed voting in that primary election.boundaries for election on establishing orchanging county or city boundaries. At (3)(a) Not later than the 90th day beforeany election in which the question of estab- the date of the primary election, a majorlishing or changing the exterior boundaries political party may file with the Secretary ofof a county or city is submitted to a vote, the State a certified copy of the current partycounty clerk shall: rule allowing an elector not affiliated with any political party to vote in the party′s pri- (1) Include with every mailed ballot a mary election. The party may not repeal themap indicating the proposed boundaries; or rule as filed during the 90 days before the (2) Print in a voters′ pamphlet prepared primary election. The rule shall continue tofor the election a map indicating the pro- be effective after the date of the primaryposed boundaries. [1983 c.350 §69; 1999 c.410 §52; election until the party gives written notice2007 c.154 §33] to the Secretary of State that the rule has 254.325 [Formerly 250.340; 1987 c.72 §1; 1987 c.727 been repealed. Except as provided in para-§14; repealed by 2007 c.154 §67] graph (b) of this subsection, a party rule un- 254.330 [Amended by 1957 c.608 §184; repealed by der this subsection may limit the candidates1979 c.190 §431 and by 1979 c.519 §38] for whom an elector who is not affiliated 254.335 [Formerly 258.295; repealed by 2007 c.154 with any political party may vote.§67] (b) The party rule shall allow any elector 254.340 [Amended by 1957 c.608 §185; 1959 c.457 §9; who is permitted to vote for the most nu-1979 c.519 §37; repealed by 1979 c.190 §431] merous branch of the Legislative Assembly 254.345 [Formerly 258.305; repealed by 2007 c.154 also to vote in federal legislative elections,§67] consistent with section 2, Article I, and the 254.355 [1979 c.190 §258; repealed by 2007 c.154 §67] Seventeenth Amendment to the United States Constitution. VOTING (4) If the primary election ballot includes 254.365 Voting at primary election by city, county or nonpartisan offices or mea-major party members and nonaffiliated sures, and it is given to an elector who is notelectors. (1) An elector is not qualified or eligible to vote for party candidates, the bal-permitted to vote at any primary election for lot shall be marked “non-affiliated.” [Formerlyany candidate of a major political party, and 249.366; 1987 c.719 §§1,20; 1995 c.712 §62; 1999 c.999 §51;it is unlawful for the elector to offer to do 2007 c.154 §34]so, unless: 254.370 Record of nonaffiliated elec- (a) The elector is registered as being af- tors; record of voting in primary electionfiliated with one of the major political par- of major political party and in generalties nominating or electing its candidates for election. The county clerk shall maintain:public office at the primary election; or (1) A monthly registration record of all (b) The elector is registered as not being electors registered as not being affiliatedaffiliated with any political party and wishes with any political party;Title 23 Page 108 (2007 Edition)
  • 111. CONDUCT OF ELECTIONS 254.426 (2) At each primary election, a record of may vote once in the county in which thethe number of electors who voted from each elector is registered under the elector′s for-major political party; mer name. (3) A record of all electors registered as (2) Following the election, the registra-not being affiliated with any political party tion of the elector shall be considered inac-who vote in a primary election of a major tive.political party that has provided under ORS (3) In order to vote at subsequent elec-254.365 for a primary election that admits tions the elector whose name has changedelectors not affiliated with any political must update the elector′s registration. [1987party; and c.733 §12; 1993 c.713 §32; 1999 c.410 §54; 2007 c.154 §36] (4) A record of all electors registered as 254.413 [2001 c.805 §2; repealed by 2007 c.154 §67]not being affiliated with any political party 254.415 Challenging ballot of personwho vote in the general election. [1987 c.719 offering to vote; statement of challenge.§3; 1991 c.719 §52; 1993 c.713 §31; 1995 c.712 §63; 1999c.999 §52] (1) The county clerk, an elections official or any elector shall challenge the ballot of any 254.375 [1979 c.190 §260; repealed by 2007 c.154 §67] person offering to vote whom the clerk, offi- 254.385 [Formerly 250.645; 1981 c.142 §3; repealed by cial or elector knows or suspects not to be2007 c.154 §67] qualified as an elector. 254.390 [1999 c.1002 §3; repealed by 2007 c.154 §67] (2) The clerk, official or elector chal- 254.395 [Formerly 250.631; repealed by 2007 c.154§67] lenging the ballot shall make, under oath or affirmation before a county clerk or other 254.405 [Formerly 250.655; 1995 c.607 §40; repealedby 2007 c.154 §67] elections official, a written and numbered statement of challenge. The statement shall 254.407 [1989 c.666 §2; repealed by 1993 c.713 §43] contain the name and residence address of 254.408 Procedure for voting by person the challenger, the name of the person chal-for whom no evidence of registration is lenged and a statement of the facts uponfound. (1) A person offering to vote and who which the challenge is based.claims to be an elector, but for whom no ev- (3) A person′s ballot may be challengedidence of active or inactive registration can at any time before the ballot is removed frombe found, shall be granted the right to vote its return envelope for processing. [Formerlyin the manner provided in this section. 250.350; 1981 c.142 §4; 1985 c.808 §38; 1991 c.14 §1; 1995 c.607 §81; 1999 c.410 §55; 2007 c.154 §37] (2) Whenever an elector updates a regis-tration at a county clerk′s office after the 254.419 [1995 c.607 §83; repealed by 2007 c.154 §67]ballots have been mailed under ORS 254.470, 254.420 [Amended by 1975 c.627 §2; 1977 c.487 §4;the elector shall vote in that election in the 1979 c.190 §138; renumbered 249.875]manner provided in this section. 254.425 [Formerly 250.400; 1983 c.83 §30; repealed by 1991 c.14 §4] (3) An elector voting under this sectionshall complete and sign a registration card. 254.426 Procedure on challenged bal- lot. (1) Whenever any person votes a chal- (4) The elector shall insert the ballot into lenged ballot, the county clerk shall ensurea small envelope provided by the county that the ballot offered by the person includesclerk and then insert the small envelope into the number of the written statement of chal-a larger envelope. The larger envelope shall lenge so that the ballot may be identified inbe delivered to the county clerk and shall be any future contest of the election.segregated and not counted until the regis-tration of the elector is verified under this (2) The county clerk shall examine thesection. challenge and determine if the person is validly registered to vote and if the vote was (5) The county clerk shall determine if properly cast. The ballot shall be countedthe elector is validly registered to vote and only if the county clerk determines the per-if the vote was properly cast. The ballot shall son is validly registered.be counted only if the county clerk deter-mines the registration of the elector is con- (3) The county clerk shall ensure thatsidered active or inactive. the information on the numbered written statement is treated as confidential so that (6) A vote shall be counted only if the in the event of a recount of votes it cannotelector is qualified to vote for the particular be determined how any challenged personoffice or on the measure. [Formerly 247.205; 1999 voted.c.410 §53; 2007 c.154 §35] 254.409 [1989 c.666 §3; repealed by 1993 c.713 §43] (4) The registration of any person voting under this section and ORS 254.415 shall be 254.410 [Amended by 1957 c.608 §186; 1977 c.487 §3; verified not later than the last business dayrepealed by 1979 c.190 §431] prior to the last day for the official certi- 254.411 Voting after name change. (1) fication of election results required by ORSAny elector whose name has been changed 254.545 (3) and 255.295 (1) in order for theTitle 23 Page 109 (2007 Edition)
  • 112. 254.445 ELECTIONSvote of the person to be counted. [1991 c.14 §3; (a) Provide for uniformity in the conduct1993 c.713 §33; 1995 c.607 §82] of state elections by mail; and 254.430 [Repealed by 1973 c.392 §4] (b) Govern the procedures for conducting 254.435 [Formerly 250.700; 2007 c.70 §58; repealed by elections by mail. [1981 c.805 §1; 1983 c.199 §1; 19852007 c.154 §§67,67a] c.575 §1; 1987 c.267 §80; 1987 c.357 §2; 1991 c.719 §12; 1993 254.440 [Amended by 1975 c.683 §4; 1977 c.487 §5; c.493 §§41,42; 1995 c.712 §64; 1999 c.3 §1; 1999 c.999 §53;repealed by 1979 c.190 §431] 2007 c.154 §1] 254.445 Assistance in marking ballot; 254.470 Procedures for conductinguse of sample ballot as aid in voting. (1) election by mail; rules. (1) The SecretaryIf an elector is within the county and, be- of State by rule shall establish requirementscause of a physical disability or an inability and criteria for the designation of places ofto read or write, is unable to mark the bal- deposit for the ballots cast in an election.lot, the elector may request and shall receive The rules shall also specify the dates andthe assistance of two persons of different times the places of deposit must be open andparties provided by the clerk or of some the security requirements for the places ofother person chosen by the elector in mark- deposit. At a minimum, the places designateding the ballot. The persons assisting the under this section shall be open on the dateelector shall ascertain the wishes of the of the election for a period of eight or moreelector and assist the elector in voting the hours, but must be open until at least 8 p.m.ballot accordingly, and thereafter may give At each place of deposit designated underno information regarding the vote. this section, the county clerk shall promi- (2) A person may not assist an elector nently display a sign stating that the lo-under subsection (1) of this section if the cation is an official ballot drop site.person: (2)(a) Except as provided in paragraphs (a) Is an employer of the elector or an (b) and (c) of this subsection, the countyagent of the employer; or clerk shall mail by nonforwardable mail an official ballot with a return identification (b) Is an officer or agent of the union of envelope and a secrecy envelope not soonerwhich the elector is a member. than the 18th day before the date of an (3) In preparing the ballot, an elector election and not later than the 14th day be-may use or copy a sample ballot, which may fore the date of the election, to each activebe marked in advance to assist the elector in elector of the electoral district as of the 21stmarking the official ballot. [Formerly 250.690; day before the date of the election.1985 c.471 §11; 1999 c.410 §56; 2007 c.154 §38] (b) If the county clerk determines that an 254.450 [Amended by 1979 c.190 §137; renumbered active elector of the electoral district as of249.870] the 21st day before the date of the election 254.455 [Formerly 250.680; 1995 c.607 §41; repealed does not receive daily mail service from theby 2007 c.154 §67] United States Postal Service, the county 254.458 Alternatives to secrecy envel- clerk shall mail by nonforwardable mail anope procedures. Notwithstanding any pro- official ballot with a return identificationvision of ORS 254.470: envelope and a secrecy envelope to the elec- (1) A county clerk may apply to the Sec- tor not sooner than the 20th day before theretary of State for approval of any procedure date of an election and not later than theto be used in lieu of the envelope procedures 18th day before the date of the election.described in ORS 254.470; and (c) In the case of ballots to be mailed to (2) Upon receiving an application under addresses outside this state to electors whosubsection (1) of this section, the secretary are not long-term absent electors, the countymay approve a procedure to be used in lieu clerk may mail the ballots not sooner thanof the envelope procedures described in ORS the 29th day before the date of the election.254.470 if the secretary determines that the (3) For an election held on the date of aprocedure will provide substantially the same primary election:degree of secrecy as ORS 254.470. [1995 c.607 (a) The county clerk shall mail the offi-§84; 2007 c.154 §39] cial ballot of a major political party to each 254.460 [Amended by 1979 c.190 §139; renumbered elector who is registered as being affiliated249.880] with the major political party as of the 21st 254.462 [1999 c.410 §40; 2003 c.14 §121; repealed by day before the date of the election.2007 c.154 §67] (b) The county clerk shall mail the offi- 254.465 Elections to be conducted by cial ballot of a major political party to anmail; rules. (1) County clerks shall conduct elector not affiliated with any political partyall elections in this state by mail. if the elector has applied for the ballot as (2) The Secretary of State shall adopt provided in this subsection and that partyrules to: has provided under ORS 254.365 for a pri-Title 23 Page 110 (2007 Edition)
  • 113. CONDUCT OF ELECTIONS 254.471mary election that admits electors not affil- or not received by the elector. Replacementiated with any political party. ballots shall be issued and processed as de- (c) An elector not affiliated with any scribed in this section and ORS 254.480. Thepolitical party who wishes to vote in the county clerk shall keep a record of each re-primary election of a major political party placement ballot provided under this subsec-shall apply to the county clerk in writing. tion. Notwithstanding any deadline forThe application shall indicate which major mailing ballots in subsection (2) of this sec-political party ballot the elector wishes to tion, a replacement ballot may be mailed,receive. Except for electors described in sub- made available in the office of the countysection (4) of this section, and subject to clerk or made available at one central lo-ORS 247.203, the application must be re- cation in the electoral district in which theceived by the county clerk not later than 5 election is conducted. The county clerk shallp.m. of the 21st day before the date of the designate the central location. A replacementelection. ballot need not be mailed after the fifth day before the date of the election. (d) If the primary election ballot includescity, county or nonpartisan offices or mea- (8) A ballot shall be counted only if:sures, the county clerk shall mail to each (a) It is returned in the return identifi-elector who is not eligible to vote for party cation envelope;candidates a ballot limited to those offices (b) The envelope is signed by the electorand measures for which the elector is eligi- to whom the ballot is issued; andble to vote. (c) The signature is verified as provided (4) For each elector who updates a voter in subsection (9) of this section.registration after the deadline in ORS247.025, the county clerk shall make the of- (9) The county clerk shall verify the sig-ficial ballot, the return identification envel- nature of each elector on the return identifi-ope and the secrecy envelope available either cation envelope with the signature on theby mail or at the county clerk′s office or at elector′s registration card, according to theanother place designated by the county clerk. procedure provided by rules adopted by theAn elector to whom this subsection applies Secretary of State. If the county clerk deter-must request a ballot from the county clerk. mines that an elector to whom a replacement ballot has been issued has voted more than (5) The ballot shall contain the following once, the county clerk shall count only onewarning: ballot cast by that elector.__________________________________________ (10) At 8 p.m. on election day, electors who are at the county clerk′s office, a place Any person who, by use of force or other of deposit designated under subsection (1) ofmeans, unduly influences an elector to vote this section or any location described in ORSin any particular manner or to refrain from 254.472 or 254.474 and who are in line wait-voting is subject to a fine. ing to vote or deposit a voted ballot shall be__________________________________________ considered to have begun the act of voting. [1981 c.805 §2; 1983 c.199 §2; 1985 c.575 §2; 1987 c.357 §3; (6) Upon receipt of any ballot described 1987 c.733 §7a; 1993 c.493 §44; 1995 c.607 §43; 1995 c.712in this section, the elector shall mark the §65; 1995 c.742 §17; 1999 c.410 §57; 1999 c.999 §54a; 1999 c.1002 §11; 2001 c.104 §79; 2001 c.805 §7; 2001 c.965 §14;ballot, sign the return identification envelope 2005 c.797 §47; 2007 c.71 §78; 2007 c.154 §40a]supplied with the ballot and comply with theinstructions provided with the ballot. The 254.471 Extension of deadline for re-elector may return the marked ballot to the turning ballots in case of emergency. (1)county clerk by United States mail or by de- Notwithstanding ORS 171.185, 203.085,positing the ballot at the office of the county 221.230, 221.621, 254.056, 254.470, 254.655,clerk, at any place of deposit designated by 255.335, 255.345, 258.075, 545.135 and 568.520,the county clerk or at any location described the Governor by written proclamation mayin ORS 254.472 or 254.474. The ballot must extend the deadline for returning ballots inbe returned in the return identification en- any state, county, city or district election ifvelope. If the elector returns the ballot by the Governor receives a written request formail, the elector must provide the postage. the extension from the Secretary of State.A ballot must be received at the office of the The secretary may request the Governor tocounty clerk, at the designated place of de- extend the deadline for returning ballots un-posit or at any location described in ORS der this section if, after consultation with254.472 or 254.474 not later than the end of affected county clerks, the secretary deter-the period determined under subsection (1) mines that it would be impossible or imprac-of this section on the date of the election. ticable for electors to return ballots or for (7) An elector may obtain a replacement elections officials to tally ballots due to anballot if the ballot is destroyed, spoiled, lost emergency as defined in ORS 401.025 (4).Title 23 Page 111 (2007 Edition)
  • 114. 254.472 ELECTIONS (2) The Governor may not extend the in-law, sister-in-law, aunt, uncle, niece,deadline for returning ballots in any state, nephew, stepparent or stepchild of a candi-county, city or district election under sub- date on the ballot at an election shall not besection (1) of this section for more than employed and may not serve as a volunteerseven calendar days after the date of the in the capacity described in this section. [1999election. c.410 §41] (3) The written proclamation required 254.478 Preparation for counting bal-under subsection (1) of this section shall lots. Not sooner than the seventh day beforestate: the date of an election, in preparation for (a) The determination of the Governor; counting ballots delivered by mail, the county clerk may begin opening return iden- (b) The reason the deadline for returning tification and secrecy envelopes of ballotsballots was extended; and delivered by mail and received by the county (c) The date and time by which ballots clerk. The county clerk may take any othermust be returned in the election. actions that are necessary to allow the (4) Notwithstanding any other provision counting of ballots delivered by mail to beginof this chapter, if the Governor extends the on election day. [1999 c.1002 §2; 2001 c.965 §15]deadline for returning ballots under subsec- 254.480 Replacement ballots. (1) Antion (1) of this section, a county clerk in any elector may obtain a replacement ballot de-county in this state may not order a tally scribed in ORS 254.470. To vote a replace-report from any vote tally machine in the ment ballot, the elector must complete andelection until the date and time set by the sign a replacement ballot request form. TheGovernor by which ballots must be returned request for a replacement ballot may bein the election. [2007 c.183 §2] made electronically, by telephone, in writing, 254.472 Compartments for marking in person or by other means designated byballots. The county clerk shall provide, at the Secretary of State by rule.any location where ballots are issued, at (2) The replacement ballot request formleast three suitable compartments, shelves or shall be mailed or made available to thetables at which electors may mark their bal- elector along with the replacement ballot.lots. The arrangement of the compartments, (3) Upon receiving a request for a re-shelves or tables shall ensure that the elec- placement ballot, the county clerk shall:tor may conveniently mark the ballot withabsolute secrecy. The compartments, shelves (a) Verify the registration of the electoror tables shall be available during the entire and ensure that another ballot has not beentime that ballots may be issued. [1999 c.410 §42] returned by the elector; 254.474 Voting booths for primary and (b) Note in the list of electors that thegeneral elections. (1) At each primary elector has requested a replacement ballot;election and general election, the county (c) Mark the return identification envel-clerk shall maintain voting booths in the ope clearly so that it may be readily identi-county as follows: fied as a replacement ballot; and (a) In each county with 35,000 or more (d) Issue the replacement ballot by mailelectors in the county, the county clerk shall or other means.maintain a number of voting booths equal toat least one voting booth for every 20,000 (4) The completed and signed replace-electors in the county; and ment ballot request form and the voted re- placement ballot must be received at the (b) In each county with fewer than 35,000 office of the county clerk, a place of depositelectors in the county, the county clerk shall designated by the county clerk or at any lo-maintain at least one voting booth. cation described in ORS 254.472 or 254.474 (2) The county clerk may determine the not later than the end of the period deter-location of the voting booths required under mined under ORS 254.470 (1) on the date ofthis section. [1999 c.1002 §4; 1999 c.999 §54b; 2007 the election.c.154 §41] (5) Upon receiving a voted replacement 254.475 [Formerly 250.225; 1987 c.267 §51; 1993 c.713 ballot, the county clerk shall verify that a§35; 1995 c.607 §44; renumbered 254.483 in 1999] completed and signed replacement ballot re- 254.476 Personnel for counting ballots. quest form has been received by the countyThe county clerk may employ personnel as clerk or is included with the voted replace-necessary to open envelopes, prepare ballots ment ballot. If a request form has been com-for counting and count ballots. Such person- pleted and signed by the elector and receivednel shall not all be members of the same by the county clerk, the county clerk shallpolitical party. A person who is the spouse, process the ballot. If the request form is notchild, son-in-law, daughter-in-law, parent, completed or signed by the elector or re-mother-in-law, father-in-law, sibling, brother- ceived by the county clerk, the county clerkTitle 23 Page 112 (2007 Edition)
  • 115. CONDUCT OF ELECTIONS 254.500may not process the ballot. [2001 c.965 §27; 2007 (5) A counting board shall audibly an-c.154 §42] nounce the tally as it proceeds. The board 254.482 Persons authorized to watch shall use only pen and ink to tally.receiving and counting of votes. After the (6) For ballots cast using a voting ma-date that ballots are mailed as provided in chine, the county clerk shall:ORS 254.470, the county clerk, if requested, (a) Enter the ballots cast using the ma-shall permit authorized persons to be at the chine into the vote tally system; andoffice of the county clerk to watch the re-ceiving and counting of votes. The authori- (b) In the event of a recount, provide thezation shall be in writing, shall be signed by paper record copy recorded by the machinean officer or its county affiliate of a political to the counting board.party, a candidate or the county clerk and (7) A person other than the county clerk,shall be filed with the county clerk. The a member of a counting board or any othercounty clerk shall permit only so many per- elections official designated by the countysons as watchers under this section as will clerk may not tally ballots under this chap-not interfere with an orderly procedure at ter. [1979 c.190 §270; 1995 c.607 §45; 1999 c.318 §37; 1999 c.410 §58; 2001 c.965 §23; 2005 c.731 §5; 2005 c.797 §68;the office of the county clerk. [2001 c.805 §3; 2007 c.154 §44]2005 c.797 §56] 254.495 Tally and return sheets; POST-ELECTION PROCEDURES counting and tallying ballots. (1) To tally ballots by hand, the counting board shall use 254.483 Procedures after 8 p.m. on the tally sheets and two copies of the returnelection day; unused ballots. Immediately sheet.after 8 p.m. on the day of an election: (2) The completed tally and return sheets (1) The county clerk shall destroy all un- shall contain:used absentee and regular ballots in the (a) The offices on the ballot;county clerk′s possession. (b) The number and name of each candi- (2) Each county shall provide for the se- date who received a vote;curity of, and shall account for, unused bal-lots. [Formerly 254.475; 2007 c.154 §43] (c) The total number of votes cast for each candidate and each measure voted 254.485 Tally of ballots; test of vote upon; andtally system. (1) Ballots may be tallied by (d) The total number of votes cast for anda vote tally system or by a counting board. against the measure.A counting board may tally ballots at theprecinct or in the office of the county clerk. (3) The tally and return sheets, whenIn any event, the ballots shall be tallied and completed, shall be certified correct by thereturned by precinct. counting board that kept them. [Formerly 250.471; 2007 c.154 §45] (2) If a vote tally system is used, the 254.500 Tally of write-in votes. (1) Thiscounty clerk shall repeat the public certi- section governs the tally of votes cast forfication test described under ORS 254.235 (1). persons whose names were not printed onThe test shall be conducted on the date of the ballot but are written in by electors. Allthe election and prior to beginning the tally such write-in votes for each office on theof ballots. The test may be observed by per- ballot shall be tallied together, except as fol-sons described in ORS 254.235 (2). The lows:county clerk shall certify the results of thetest. (a) If the total number of write-in votes for candidates for the same nomination or (3) If a vote tally system is used or if a office equals or exceeds the number of votescounting board has been appointed, the tally cast for any candidate for the same nomi-of ballots may begin on the date of the nation or office on the ballot who appears toelection. have been nominated or elected, the county (4)(a) If ballots are tallied by a counting clerk shall tally all write-in votes cast forboard, after the tally has begun it shall con- the office to show the total number of votestinue until completed. Except as provided in cast for each write-in candidate.paragraph (b) of this subsection, a counting (b) If no names of candidates are printedboard shall tally without adjournment and in on the ballot for an office, the county clerkthe presence of the clerks and persons au- shall tally the votes cast for each candidatethorized to attend. for the office who received a vote. (b) A counting board may be relieved by (2) No person other than the countyanother board if the tally is not completed clerk, a member of a counting board or anyafter 12 hours. other elections official designated by theTitle 23 Page 113 (2007 Edition)
  • 116. 254.505 ELECTIONScounty clerk may tally write-in votes. [1985 than one percent of the total votes cast inc.508 §2; 1993 c.493 §45; 1995 c.607 §46; 1999 c.318 §38] that election in the county, the county clerk 254.505 Ballots to be counted; void shall conduct a hand count of ballots in atballots; partially void ballots. (1) Only of- least 10 percent of all precincts or of ballotsficial ballots may be counted. Any vote from in at least 10 percent of all batches of ballotswhich it is impossible to determine the elec- collected by the county clerk.tor′s choice for the office or measure may (b) In the event that the unofficial tallynot be counted. An elector may not place on of ballots reveals that the margin of victorythe ballot a sticker bearing the name of a between the two candidates receiving theperson or use any other method or device, largest number of votes in the county isexcept writing or using a voting machine, to greater than or equal to one percent but lessvote for a person whose name is not printed than two percent of the total votes cast inon the ballot. Any ballot that has a sticker the county, the county clerk shall conduct aor other device is void and may not be hand count of ballots in at least five percentcounted. Counting board clerks shall disre- of all precincts or of ballots in at least fivegard misspelling or abbreviations of the percent of all batches of ballots collected bynames of candidates if it can be ascertained the county clerk.from the ballot for whom the vote was in- (c) In the event that the unofficial tallytended. of ballots reveals that the margin of victory (2) When ballots are counted by counting between the two candidates receiving theboards, the board chairperson, using ink, im- largest number of votes in the county ismediately shall initial the back of the wholly greater than or equal to two percent of theor partially void ballot and write on it “Not total votes cast in the county, the countycounted for ” (stating the office or clerk shall conduct a hand count of ballotsmeasure). The counting board shall seal the in at least three percent of all precincts orwholly void ballots in an envelope. [Formerly of ballots in at least three percent of all250.510; 1999 c.410 §59; 2007 c.154 §46] batches of ballots collected by the county 254.510 [Repealed by 1979 c.190 §431] clerk. 254.515 Counting ballots marked (3) The Secretary of State shall select the“Presidential only.” Ballots marked “Presi- precincts at random. At the general election,dential only” may be counted only for the no fewer than 150 ballots must have beenoffices for which the elector is entitled to cast in at least one of the precincts selected.vote. Votes on the ballot for other offices The county clerk shall conduct a hand countmay not be counted. [Formerly 250.520; 1999 c.410 of ballots cast in the election contest be-§60; 2005 c.797 §57] tween the two candidates receiving the larg- 254.520 [Repealed by 1979 c.190 §431] est number of votes in the county, an 254.525 Test of vote tally system. If a election contest for a state office and, if pos-vote tally system is used, the county clerk sible, an election contest for a state measure.shall repeat the public certification test de- (4) Not later than the day after the datescribed under ORS 254.235 (1) for the vote of the general election, the Secretary oftally system used to conduct the election. State shall advise county clerks in writingThe test shall be conducted after all the bal- of:lots are tallied but before the final results of (a) The election contests for which bal-the election are certified or before the vote lots are to be hand counted; andtally system is shut down. The test may beobserved by persons described in ORS 254.235 (b) The precincts in which ballots are to(2). The county clerk shall certify the results be hand counted.of the test. [1979 c.190 §274; 1993 c.713 §36; 1999 c.410 (5) A county clerk shall begin the hand§61; 2001 c.965 §24; 2007 c.154 §47] counts prescribed by this section not later 254.529 Hand count of ballots at gen- than the 20th day after the election anderal election; comparison with tally of complete the hand counts not later than thevote tally system; procedures. (1) At each 30th day after the election. The results of thegeneral election, the county clerk shall con- hand counts shall be provided to the Secre-duct a hand count of ballots as described in tary of State, who shall make the resultsthis section and compare the tally of votes publicly available on the Secretary of State′sfor those ballots produced by a vote tally website.system with the tally of votes for those bal- (6) The county clerk shall conduct thelots produced by the hand count. hand counts required by this section in the (2)(a) In the event that the unofficial manner provided in ORS 258.200 and 258.211.tally of ballots produced by a vote tally sys- (7) A comparison of the tally of votestem reveals that the margin of victory be- produced by a vote tally system with thetween the two candidates receiving the tally of votes produced by the hand countlargest number of votes in the county is less required by this section must show that theTitle 23 Page 114 (2007 Edition)
  • 117. CONDUCT OF ELECTIONS 254.545tally of votes produced by the vote tally sys- stringent as the requirements of subsectionstem differs by no more than one-half of one (1) to (9) of this section. [2007 c.881 §2]percent from the tally of votes produced by 254.530 [Amended by 1957 c.608 §187; repealed bythe hand count. 1979 c.190 §431] (8)(a) If a hand count conducted under 254.535 Preservation of certain mate-this section results in a tally of votes for a rials; retention of records. (1) Except ascandidate or measure that is different from provided in subsection (3) of this section,the tally of votes produced by the vote tally each tally sheet, return sheet and ballot re-system for that candidate or measure, and turn identification envelope shall be pre-the difference for each race is equal to or served for two years after the election toless than one-half of one percent, the tally which it relates.of votes produced by the vote tally system is (2) Except as provided in subsection (3)the official tally of votes for that vote tally of this section, the county clerk shall destroysystem. the ballots and written challenge statements (b) If a hand count conducted under this not sooner than the 90th day after the finalsection results in a tally of votes for a can- day permitted for a contest of the election,didate or measure that is different from the unless otherwise ordered by the court.tally of votes produced by the vote tally sys- (3) In accordance with 42 U.S.C. 1974,tem for that candidate or measure, and the any ballot, voter registration records and anydifference in any race is greater than one- other materials relating to any election athalf of one percent, the county clerk shall which a candidate is nominated or elected toconduct a second hand count of the same federal office shall be retained for not lessballots. than 22 months following the date of the (c) If the second hand count conducted election. [1979 c.190 §275; 1999 c.410 §62; 2007 c.154 §48]under this subsection results in a tally ofvotes for a candidate or measure that is dif- 254.540 [Repealed by 1979 c.190 §431]ferent from the tally of votes produced by the 254.545 Duties of county clerk aftervote tally system for that candidate or meas- election. Subject to ORS 254.548, the countyure, and the difference for each race is equal clerk:to or less than one-half of one percent, the (1) As soon as possible after any election,tally of votes produced by the vote tally sys- shall prepare abstracts of votes. The abstracttem is the official tally of votes for that vote for election of Governor shall be on a sheettally system. separate from the abstracts for other offices (d) If the second hand count conducted and measures.under this subsection results in a tally of (2) On completion of the abstracts, shallvotes for a candidate or measure that is dif- record a complete summary of votes cast inferent from the tally of votes produced by the the county for each office, candidate for of-vote tally system for that candidate or meas- fice and measure. The county clerk shall signure, and the difference in any race is greater and certify this record.than one-half of one percent, the countyclerk shall conduct a hand count of all bal- (3) Not later than the 20th day after thelots counted by that vote tally system. The election, shall deliver a copy of the abstracts for other than county offices to the appro-hand count is the official tally of votes for priate elections officials. The abstract forthat vote tally system. If the hand count is election of Governor shall be delivered sepa-the official tally of votes, not later than the rately to the Secretary of State as provided30th day after the election, the county clerk in section 4, Article V, Oregon Constitution.shall certify amended abstracts of votes toappropriate elections officials. (4) Not later than the 30th day after the election, shall proclaim which county meas- (9) For purposes of conducting the hand ure is paramount, if two or more approvedcounts required under this section, the county measures contain conflicting pro-county clerk shall: visions. (a) Retain custody of the ballots; and (5) Shall prepare and deliver a certificate (b) Provide for security for the ballots of nomination or election to each candidateand the information required to be collected having the most votes for nomination for orunder this subsection. election to county or precinct offices. (10) Subsections (1) to (9) of this section (6) Shall prepare, and file with the county governing body, a certificate statingdo not apply if federal law requires a post- the compensation to which the board clerkselection hand count of ballots at the general are entitled. The county governing body shallelection to verify election results and the order the compensation paid by county funds.Secretary of State determines that the re- [1979 c.190 §276; 1987 c.267 §52; 1995 c.712 §66; 1999 c.410quirements of federal law are at least as §63; 1999 c.999 §55; 2005 c.157 §2; 2005 c.797 §48]Title 23 Page 115 (2007 Edition)
  • 118. 254.546 ELECTIONS 254.546 Duties of county clerk after (a) Canvass the votes for the offices, ex-recall election; official declaration of re- cept the office of Governor after the generalsult of recall election. (1) In the case of a election.recall election held on a date other than the (b) Enter in a register of nominations af-date of the primary election or generalelection, the county clerk shall prepare an ter the primary election the name and, if ap-abstract of the votes and deliver it to the plicable, major political party of eachelections official authorized to order the re- candidate nominated, the office for which thecall election not later than the 20th day after candidate is nominated, and the date ofthe election. entry. (2) Except as provided in subsection (3) (c) Prepare and deliver a certificate ofof this section, for purposes of section 18, nomination or election to each candidateArticle II, Oregon Constitution, the result of having the most votes for nomination for orthe recall election referred to in subsection election to the office. The Secretary of State(1) of this section shall be considered offi- shall sign the certificate under the seal ofcially declared on the date the abstract of the state.the votes is delivered. (d) Issue a proclamation declaring the (3) If the elections official authorized to election of candidates to the offices.order the recall election is the Secretary of (2) Not later than the 30th day after theState, the Secretary of State shall officially election:declare the result of the election not later (a) The Secretary of State, regardingthan the 30th day after the election. [1999 measures for which the secretary as the fil-c.318 §36; 2005 c.797 §49] ing officer, shall canvass the votes for each 254.548 Individual nominated or measure.elected by write-in votes; form; rules. (1) (b) The Governor shall issue a proclama-An individual nominated or elected to a pub- tion giving the number of votes cast for orlic office by write-in votes shall sign and file against each such measure, and declaring thea form indicating that the individual accepts approved measures as the law on the effec-the nomination or office before the filing of-ficer may issue a certificate of nomination tive date of the measure. If two or more ap-or election. The Secretary of State by rule proved measures contain conflictingshall prescribe the form to be used under provisions, the Governor shall proclaimthis section. which is paramount. [1979 c.190 §277; 1987 c.267 §53; 1995 c.712 §67; 1997 c.249 §76; 1999 c.999 §56; 2005 (2) In the case of an individual nominated c.157 §3]or elected by write-in votes to a public office: 254.560 [Repealed by 1979 c.190 §431] (a) Not later than the 30th day after the 254.565 Duties of city elections officerelection, the filing officer shall prepare and after election. Subject to ORS 254.548, thedeliver the form described in subsection (1) chief city elections officer:of this section to the individual; (1) After the primary election, shall enter (b) Not later than the 45th day after the in a register of nominations:election, if the individual accepts the nomi-nation or office, the individual shall sign and (a) The name of each candidate for cityfile the form with the filing officer; and office nominated at the primary election. (c) Not later than the 50th day after the (b) The office for which the candidate iselection, if the individual files the form by nominated.the deadline specified in paragraph (b) of this (c) If applicable, the name of the majorsubsection, the filing officer shall prepare political party nominating the candidate.and deliver a certificate of nomination orelection to the individual and, if applicable, (d) The date of the entry.issue a proclamation declaring the election (2) After the general election, shall pre-of the candidate to the office. [1991 c.719 §56; pare and deliver a certificate of election to2005 c.157 §1] each qualified candidate having the most 254.550 [Repealed by 1979 c.190 §431] votes for election to a city office. 254.555 Secretary of State′s duties af- (3) Not later than the 30th day after anyter election; Governor′s proclamation. (1) election, shall canvass the vote on each cityExcept as provided in ORS 254.548, not later measure, and if two or more of the approvedthan the 30th day after any election, the measures contain conflicting provisions, pro-Secretary of State, regarding offices for claim which is paramount. [Formerly 249.491;which the secretary receives filings for nom- 1987 c.267 §54; 1995 c.712 §68; 1999 c.318 §39; 2005 c.157ination, shall: §4]Title 23 Page 116 (2007 Edition)
  • 119. CONDUCT OF ELECTIONS 254.660 254.568 Certificate of election required (2) The candidates listed on the ballot atbefore taking oath of office. When a can- the special election shall be:didate elected to public office is required by (a) The candidates who were listed on thelaw to take, file, subscribe or indorse an oath general election ballot, other than the candi-of office before entering upon the duties of date whose nomination became vacant; andthe office, the candidate shall not take, file,subscribe or indorse the oath until the can- (b) The candidate selected to fill the va-didate has been granted a certificate of cancy in the nomination as provided in ORSelection. [1993 c.493 §101] 249.190 or 249.205. 254.570 [Repealed by 1979 c.190 §431] (3) As used in this section “state office” means the office of Governor, Secretary of 254.575 Procedure when tie vote. When State, State Treasurer, Attorney General,two or more candidates for the same office, state Senator or state Representative. [2003after a full recount of votes, have an equal c.542 §2]and the highest number of votes: 254.655 Order calling special election; (1) For election to state Senator or Rep- date. (1) If the Secretary of State determinesresentative, a party office, or a public office that a special election is necessary underfor which the elections officer is other than ORS 254.650, the secretary shall issue an or-the Secretary of State, the elections officer der calling the election. The secretary shallshall have the candidates meet publicly to issue the order not later than the fifth busi-decide by lot who is elected. ness day after the date of the general (2) For election to a public office other election.than Governor or those referred to in sub- (2) The date of the special election shallsection (1) of this section, the Secretary of be determined by the Secretary of State byState by proclamation shall order a new rule. The special election shall be held notelection to fill the office. sooner than January 2 of the odd-numbered (3) For election to Governor, the Legisla- year following the date of the generaltive Assembly at the beginning of the next election and not later than the Friday beforeregular session shall meet jointly and elect the second Monday in January of the odd-one of the candidates. numbered year. (4) For nomination by one major political (3) A state voters′ pamphlet may not beparty to an office, the elections officer who prepared for any special election called un-receives filings for nomination to the office der this section. [2003 c.542 §3; 2007 c.154 §49]shall have the candidates meet publicly todecide by lot who is nominated. [1979 c.190 §279; 254.660 Conduct of special election;2001 c.965 §43] rules. (1) Notwithstanding ORS 253.045 and 254.580 [Amended by 1957 c.608 §188; 1979 c.190 §378; 253.065, for a special election called underrenumbered 260.575] ORS 254.655, long-term absentee ballots shall 254.590 [Amended by 1979 c.190 §377; renumbered be mailed not later than the 30th day before260.565] the date of the election. County clerks shall 254.600 [Amended by 1975 c.683 §5; 1977 c.178 §1; make other absentee ballots available not1979 c.190 §379; 1979 c.519 §28; renumbered 260.585] later than the 28th day before the date of the special election. SPECIAL ELECTION IN CASE OF (2) Notwithstanding ORS 254.545, not DEATH OF NOMINEE later than 5 p.m. of the third day after the date of the special election, the county clerk 254.650 Special election in case of shall deliver to the Secretary of State a copydeath of nominee of major political party of the abstracts for the offices voted upon atwithin 30 days of general election. (1) If the special election. The abstract for electionthe Secretary of State determines that a va- of Governor shall be delivered separately tocancy exists in the nomination of a candidate the secretary as provided in section 4, Arti-of a major political party for state office, cle V of the Oregon Constitution.that the vacancy is due to the death of thecandidate and that the vacancy occurred af- (3) Notwithstanding ORS 253.135, notter the 30th day before the date of the gen- later than 5 p.m. of the first day after theeral election: date of the special election, a county clerk who received a ballot originating in another (a) The election for that state office may county shall forward the ballot by overnightnot be held at the general election; mail or delivery or by the most expeditious (b) The county clerks may not count bal- means available to the county clerk of thelots cast for candidates for that state office county from which the ballot originated.at the general election; and (4) Notwithstanding ORS 254.555, not (c) The Secretary of State shall order a later than 5 p.m. of the fourth business dayspecial election as provided in ORS 254.655. after the date of the special election, theTitle 23 Page 117 (2007 Edition)
  • 120. 254.660 ELECTIONSSecretary of State shall issue a proclamation (8) If there is a vacancy in the nomi-declaring the election of candidates to offices nation of a candidate at a special electionor shall order recounts of the votes cast as called under ORS 254.655, the vacancy in theprovided in ORS 258.280. nomination shall be filled in the manner (5)(a) Notwithstanding ORS 258.161, a re- provided in ORS chapter 249 and the specialcount may not be conducted for any special election shall be held as scheduled.election under this section unless the re- (9) When the office of state Senator orcount is required by ORS 258.280. state Representative is vacant at the begin- (b) If a recount for any special election ning of a session of the Legislative Assemblyis required by ORS 258.280, the Secretary of due to a special election called under ORSState shall complete the recount as expe- 254.655, the vacancy may not be filled asditiously as possible to minimize disruption provided in ORS 171.051 unless, before en-to the sessions of the Legislative Assembly tering upon the duties of the office to whichand shall issue a proclamation declaring the the person was elected, the person elected atelection of a candidate to office upon com- the special election dies, resigns or is de-pletion of the recount. clared disqualified by the house to which the (6) The cost of all special elections called person was elected.under ORS 254.655 shall be paid by the state. (7) The ballot at a special election de- (10) The Secretary of State may adoptscribed in this section may not contain: rules governing the procedures for conduct- ing a special election required by ORS (a) Any measure; or 254.650. [2003 c.542 §4] (b) Any candidate other than those can- 254.990 [Repealed by 1979 c.190 §431]didates for which a special election is neces-sary.Title 23 Page 118 (2007 Edition)
  • 121. Chapter 255 2007 EDITION Special District Elections GENERAL PROVISIONS 255.155 Procedure for elector dissatisfied with ti-255.005 Definitions tle of district measure255.012 “District” defined 255.165 Signature requirements255.022 Procedures for district elections; metro- 255.175 Filing officer; filing requirements; verifi- politan service district candidates cation of signatures255.035 Authority of elections officer to obtain 255.185 Date of election on measure initiated or advice and assistance referred by electors 255.205 Retention of petition materials255.045 Notice of change of district boundary 255.215 Notice by mail in lieu of or in addition to255.055 Delegation to district elections authority newspaper publication of responsibility to conduct district election NOMINATIONS255.062 Date of election on measure referred by 255.235 Nomination of candidates for election to district elections authority district boards; withdrawal255.069 Delivery and preparation of form for up- 255.245 Nominations to fill certain vacancies; dating information on members of district Secretary of State to adopt rules boards; rules255.075 Publication of notice of district election CONDUCT OF ELECTIONS to elect district board or district school 255.288 Methods of providing map of proposed board; notice by mail; rules boundaries for election on boundary255.085 Notice of district election on issuance of question bonds or on other measure 255.291 Ballot to state position or zone number of candidate INITIATIVE AND REFERENDUM 255.295 Preparing abstract; notification of results255.115 Definitions for ORS 255.125 to 255.205 255.305 Election expenses paid by district; excep-255.125 Application of ORS 255.135 to 255.205 tions; apportionment of expenses; rules255.135 Submitting prospective petition; form of petition; statement regarding payment of ELECTION DATES petition circulators; signature sheet re- 255.325 Legislative intent to promote regularity quirements; annual statement of special district elections; rulemaking255.140 Determination of compliance with consti- and enforcement by Secretary of State tutional provisions; notice; appeal 255.335 Regular district election; terms of board255.145 Preparation of ballot title for certain members; organizational meeting measures; notice 255.345 Special election datesTitle 23 Page 119 (2007 Edition)
  • 122. ELECTIONSTitle 23 Page 120 (2007 Edition)
  • 123. SPECIAL DISTRICT ELECTIONS 255.012 255.001 [1973 c.155 §2 (enacted in lieu of 255.011); (2) A cemetery maintenance district or-1975 c.766 §21; repealed by 1979 c.190 §431] ganized under ORS chapter 265. GENERAL PROVISIONS (3) A park and recreation district organ- ized under ORS chapter 266. 255.005 Definitions. As used in thischapter: (4) A mass transit district organized un- der ORS 267.010 to 267.390. (1) “County clerk” means the countyclerk or the county official in charge of (5) A transportation district organizedelections. under ORS 267.510 to 267.650. (2) “District board” means the governing (6) A metropolitan service district organ-body of a district. ized under ORS chapter 268. (3) “District election” means any election (7) A translator district organized underauthorized or required to be held by a dis- ORS 354.605 to 354.715.trict. (8) A library district organized under (4) “District elections authority” means ORS 357.216 to 357.286.the county court or board of county commis- (9) A county road district organized un-sioners, district board or other body or offi- der ORS 371.055 to 371.110.cer authorized or required to call a district (10) A special road district organized un-election. der ORS 371.305 to 371.360. (5) “Elections officer” means the: (11) A road assessment district organized (a) County clerk of the county in which under ORS 371.405 to 371.535.the administrative office of the district is lo- (12) A highway lighting district organizedcated regarding a measure, or a candidate for under ORS chapter 372.an office, to be voted on in a district locatedin more than one county. (13) A health district organized under ORS 440.305 to 440.410. (b) County clerk regarding a measure, ora candidate for an office, to be voted on in (14) A sanitary district organized undera district situated wholly within the county. ORS 450.005 to 450.245. (6) “Elector” means an individual quali- (15) A sanitary authority, water authorityfied to vote under section 2, Article II, Ore- or joint water and sanitary authority organ-gon Constitution. ized under ORS 450.600 to 450.989. (7) “Measure” includes any of the follow- (16) A county service district organizeding submitted to the people for their approval under ORS chapter 451.or rejection at an election: (17) A vector control district organized (a) A proposed law. under ORS 452.020 to 452.170. (b) An Act or part of an Act of the Leg- (18) A rural fire protection district or-islative Assembly. ganized under ORS chapter 478. (c) A revision of or amendment to the (19) An airport district organized underOregon Constitution. ORS chapter 838. (d) Local, special or municipal legis- (20) A geothermal heating district organ-lation. ized under ORS chapter 523. (e) A proposition or question. (21) A water improvement district organ- ized under ORS chapter 552. (8) “Regular district election” means theelection held each year for the purpose of (22) A water control district organizedelecting members of any district board as under ORS chapter 553.defined in subsection (2) of this section. (23) A weather modification district or- (9) “School district” means a common ganized under ORS 558.200 to 558.440.school district, a union high school district, (24) A livestock district organized underan education service district or a community ORS 607.005 to 607.051.college district. [Formerly 259.010; 1983 c.392 §6; (25) A port organized under ORS 777.0051985 c.808 §39; 1987 c.707 §20] to 777.725 and 777.915 to 777.953. 255.010 [Repealed by 1957 c.608 §231] 255.011 [1957 c.608 §190; 1965 c.39 §1; 1971 c.733 §1; (26) The Port of Portland established byrepealed by 1973 c.155 §1 (255.001 enacted in lieu of ORS 778.010.255.011)] (27) A school district. 255.012 “District” defined. As used in (28) Territory, other than territory withinthis chapter, “district” means: a city, proposed to be created, formed or in- (1) A domestic water supply district or- corporated into a district or to be annexedganized under ORS chapter 264. or otherwise added to a district.Title 23 Page 121 (2007 Edition)
  • 124. 255.022 ELECTIONS (29) A soil and water conservation dis- 255.045 Notice of change of districttrict organized under ORS 568.210 to 568.810 boundary. If the boundary of a district isand 568.900 to 568.933. changed, the district board immediately shall (30) A heritage district organized under send a certified copy of the order, resolution or other action changing the boundary to theORS 198.973 to 198.989. [Formerly 259.020; 1981 elections officer. [1979 c.190 §285]c.226 §16; 1983 c.238 §1; 1983 c.350 §70; 1993 c.577 §18;2007 c.562 §24] 255.050 [Amended by 1955 c.96 §1; repealed by 1957 c.608 §231] 255.013 [1971 c.94 §2; 1973 c.264 §1; repealed by 1979c.190 §431] 255.051 [1957 c.608 §194; 1959 c.457 §3; 1969 c.329 §1; 1975 c.766 §9; 1975 c.779 §30; 1979 c.190 §180; 1979 c.533 255.015 [1967 c.309 §2; 1969 c.401 §1; 1971 c.733 §4; §3; renumbered 251.095]1973 c.794 §17; repealed by 1979 c.190 §431] 255.018 [1967 c.309 §3; 1979 c.190 §185; renumbered 255.055 Delegation to district elections251.155] authority of responsibility to conduct district election. The elections officer may 255.020 [Repealed by 1957 c.608 §231] delegate to the district elections authority at 255.022 Procedures for district elec- the request of the district elections authoritytions; metropolitan service district can- any responsibility to conduct the districtdidates. (1) Except as otherwise specifically election, in whole or in part, if the electionsprovided in this section or by the law under officer determines that:which the district is formed or is operating, (1) The election will be conducted in ac-a district election shall be conducted in ac- cordance with this chapter; andcordance with this chapter. (2) No inconvenience for electors of the (2) Except as otherwise provided by this district will result. [Formerly 259.035; 2007 c.154chapter, district elections shall be subject to §50]the election laws, excluding ORS chapter 251 255.060 [Repealed by 1957 c.608 §231]providing for voters′ pamphlets unless specif- 255.061 [1957 c.608 §195; 1961 c.532 §1; 1969 c.83 §1;ically applicable, and shall be conducted as 1971 c.94 §7; 1975 c.766 §10; 1977 c.364 §1; 1979 c.190 §186;nearly as practicable as are general elec- renumbered 251.165]tions. 255.062 Date of election on measure (3) Except as otherwise provided by the referred by district elections authority.law under which the district is formed or is Unless specifically provided otherwise, whenoperating, candidates for any elected office the district elections authority of a districtof a metropolitan service district organized that holds regular district elections refers aunder ORS chapter 268 shall be nominated measure to the electors of the district, the election on the measure shall be held on aand elected in accordance with ORS chapter district election date specified by the district249. [Formerly 259.040; 1995 c.607 §47] elections authority in the order calling the 255.025 [1955 c.154 §1; 1973 c.400 §1; 1975 c.766 §22; election. The election date may not be sooner1979 c.190 §174; renumbered 251.026] than the first available election date in ORS 255.027 [1971 c.733 §2; 1975 c.766 §6; 1979 c.190 §179; 255.345 (1) for which the filing deadline canrenumbered 251.085] be met after the date of the order calling the 255.028 [1973 c.155 §4; 1975 c.766 §23; repealed by election and may not be later than the next1979 c.190 §431] regular district election following the 61st 255.029 [1973 c.155 §5; 1975 c.766 §7; repealed by 1979 day after the date of the order. [1983 c.350 §72;c.190 §431] 1985 c.808 §40; 1989 c.923 §13] 255.030 [Repealed by 1957 c.608 §231] 255.069 Delivery and preparation of 255.031 [1957 c.608 §192; 1959 c.457 §1; 1963 c.144 §1; form for updating information on mem-1969 c.82 §1; 1971 c.94 §6; 1973 c.658 §1; 1975 c.766 §8; 1975 bers of district boards; rules. (1) Not laterc.779 §29; 1979 c.190 §177; 1979 c.533 §1; renumbered than the 115th day before a regular district251.065] election, or not later than the 135th day be- fore a district election held on the date of a 255.035 Authority of elections officer primary election or general election, theto obtain advice and assistance. In per- elections officer shall deliver to each districtforming functions under this chapter, the elections authority, by certified mail, a formelections officer may request the advice and for updating information on members of dis-assistance of the district elections authority trict boards. The form shall include, at aor the officers of the district. Upon receipt minimum, the district offices to be filled orof a request, a district elections authority or for which candidates are to be nominated orthe officer of a district shall furnish advice elected at the next district election and in-and assistance to the maximum extent prac- formation concerning the candidates.ticable. [Formerly 259.160] (2) Not later than the 105th day before a 255.040 [Amended by 1957 c.608 §193; 1959 c.457 §2; regular district election or not later than the1979 c.190 §176; renumbered 251.055] 125th day before a district election held onTitle 23 Page 122 (2007 Edition)
  • 125. SPECIAL DISTRICT ELECTIONS 255.085the date of a primary election or general the last day for filing a petition for nomi-election, the district elections authority shall nation or declaration of candidacy. Proof ofreturn to the elections officer the form for mailing shall be by affidavit of the districtupdating information on members of district elections officer who mailed the notice. Theboards. affidavit shall state the time and place the (3) The elections officer shall prepare the notice was mailed.notice required by ORS 255.075 by using the (3) The Secretary of State by rule shallform completed by the district elections au- establish the procedures that the electionsthority and any other information available. officer shall follow in maintaining adequateIf the form is not returned by the district records for preparation of the notice requiredelections authority by the deadline specified under subsection (1) of this section. [Formerlyin subsection (2) of this section, the elections 259.080; 1981 c.639 §6; 1983 c.379 §1; 1985 c.808 §41]officer shall prepare the notice for the dis- 255.080 [Repealed by 1957 c.608 §231]trict using the most current information 255.085 Notice of district election onavailable. If the form is returned by the dis- issuance of bonds or on other measure.trict elections authority after the deadline, (1) Not later than the 61st day before a dis-the elections officer shall prepare a corrected trict election on a measure, the district elec-notice. The district shall be liable for any tions authority shall deliver to the electionsadditional costs incurred in preparing and officer a notice stating the date of thepublishing a corrected notice. election and a ballot title. The district elec- (4) The elections officer shall retain the tions authority shall prepare the ballot titlecompleted forms in a file maintained for that for a measure referred by the authority withpurpose. All forms shall be kept for a period the assistance of the district attorney for theof at least four years after the district county of the elections officer or an attorneyelection for which the form was completed. employed by the district elections authority. (5) If a district is located in more than (2) If a district submits a measure to theone county, the elections officer shall imme- electors of the district at an election held ondiately certify the information contained on the first Tuesday after the first Monday inthe form required under subsection (2) of this November and the district submitted a meas-section to the county clerk of any other ure on the election date in ORS 255.345 (1)county in which the district is located. immediately preceding the date of an election (6) The Secretary of State by rule shall held on the first Tuesday after the firstestablish the forms and procedures the elec- Monday in November, the district electionstions officer and the district elections au- authority shall file the measure for thethority shall use in maintaining adequate election held on the first Tuesday after therecords for preparation of the form required first Monday in November with the electionsunder subsection (1) of this section. [1991 c.719 officer not later than the 47th day before an§58; 1995 c.712 §69] election held on the first Tuesday after the 255.070 [Repealed by 1957 c.608 §231] first Monday in November. (3) A notice of election called to approve 255.075 Publication of notice of dis- the issuance of bonds shall include:trict election to elect district board ordistrict school board; notice by mail; (a) The purpose for which the bonds arerules. (1) When a district election is to be to be used;held for the purpose of electing members of (b) The amount and the term of thethe district board, the elections officer shall bonds;publish a notice stating the date of theelection, the board positions to be voted upon (c) The kind of bonds proposed to be is-and the latest date on which candidates for sued; andelection as board members may file petitions (d) If the bond election is authorized byfor nomination or declarations of candidacy. ORS 450.900, the additional notice require-The notice shall be printed once in a news- ments in ORS 450.905.paper of general circulation in the district (4)(a) In the case of a measure submittednot later than the 40th day before the last by initiative or referendum petition, theday for filing a petition for nomination or elections officer shall publish the notice indeclaration of candidacy. the next available edition of a newspaper of (2) In lieu of or in addition to publication general circulation in the district after theof notice under subsection (1) of this section, deadline for filing the notice.the elections officer may give notice by mail (b) In the case of a measure referred byto each elector of the district. The notice the district elections authority, the electionsshall have postage prepaid and shall be con- officer shall publish the notice of election insidered given when mailed. The notice shall the next available edition of a newspaper ofbe made not later than the 40th day before general circulation in the district after theTitle 23 Page 123 (2007 Edition)
  • 126. 255.115 ELECTIONSnotice of election is filed. The notice shall for obtaining signatures of electors on thealso state that an elector may file a petition initiative or referendum petition. After thefor review of the ballot title not later than prospective petition is filed, the chief peti-the date referred to in ORS 255.155. If the tioners shall notify the filing officer not latercircuit court certifies a different ballot title, than the 10th day after any of the chief pe-the elections officer shall publish an titioners first has knowledge or should haveamended notice of election in the next avail- had knowledge that:able edition of the newspaper referred to in (a) Any person is being paid for obtainingthis subsection after the new title is certified signatures, when the statement included withto the elections officer. [Formerly 259.090; 1981 the prospective petition declared that noc.173 §32; 1981 c.391 §11; 1983 c.379 §2; 1985 c.808 §42;1987 c.707 §23; 1989 c.923 §14; 1991 c.71 §10; 1991 c.107 such person would be paid.§12; 1993 c.493 §46; 1993 c.713 §59; 1995 c.712 §120] (b) No person is being paid for obtaining 255.090 [Repealed by 1957 c.608 §231] signatures, when the statement included with 255.095 [Formerly 259.100; 1983 c.379 §3; 1999 c.410 the prospective petition declared that one or§64; repealed by 2007 c.154 §67] more such persons would be paid. (4)(a) Each sheet of signatures on an ini- INITIATIVE AND REFERENDUM tiative petition shall contain the caption of 255.115 Definitions for ORS 255.125 to the ballot title. Each sheet of signatures on255.205. As used in ORS 255.125 to 255.205, a referendum petition shall contain the num-“district” means a district referred to in sec- ber of the ordinance to be referred and thetion 1 (5), Article IV, Oregon Constitution. date it was adopted by the district board.[1979 c.190 §290] (b) Each sheet of signatures on an initi- 255.125 Application of ORS 255.135 to ative or referendum petition shall, if one or255.205. ORS 255.135 to 255.205 carry out the more persons will be paid for obtaining sig-provisions of section 1, Article IV, Oregon natures of electors on the petition, containConstitution, and shall apply to the exercise a notice stating: “Some Circulators For Thisof initiative or referendum powers by the Petition Are Being Paid.”people of a district regarding a district (5) The reverse side of the cover of anmeasure. [1979 c.190 §291] initiative or referendum petition shall be used for obtaining signatures on an initiative 255.135 Submitting prospective peti- or referendum petition.tion; form of petition; statement regard-ing payment of petition circulators; (6) Not more than 20 signatures on thesignature sheet requirements; annual signature sheet of the initiative or referen-statement. (1) Before circulating a petition dum petition shall be counted. The circulatorto initiate or refer a district measure, the shall certify on each signature sheet that thepetitioner shall file with the elections officer circulator:a prospective petition. The elections officer (a) Witnessed the signing of the signatureimmediately shall date and time stamp the sheet by each individual whose signature ap-prospective petition, and specify the form on pears on the signature sheet; andwhich the petition shall be printed for circu- (b) Believes each individual is an electorlation. The officer shall retain the prospec- registered in the district.tive petition. (7) If the gathering of signatures exceeds (2) The cover of an initiative or referen- the period of one year from the time the pe-dum petition shall designate the name and tition is approved for circulation, any of theresidence address of not more than three chief petitioners, on or before the anniver-persons as chief petitioners and shall contain sary of approval of the petition for circu-instructions for persons obtaining signatures lation:of electors on the petition. The instructionsshall be adopted by the Secretary of State by (a) Shall file annually with the electionsrule. The cover of a referendum petition officer a statement that the initiative peti-shall contain the title described in ORS tion is still active; and255.145 (1). If the circuit court has not re- (b) May submit to the elections officerviewed the ballot title under ORS 255.155, for verification any signatures gathered onthe cover of an initiative petition shall con- the petition in the preceding year.tain the ballot title described in ORS 255.145 (8) Not later than 30 days before the date(3). If the circuit court has reviewed the bal- that the chief petitioners must file a state-lot title, the cover of the initiative petition ment and submit signatures under subsectionshall contain the title certified by the court. (7) of this section, the elections officer shall (3) The chief petitioners shall include notify the chief petitioners in writing of thewith the prospective petition a statement de- requirements of subsection (7) of this section.claring whether one or more persons will be The notice shall be sent by certified mail,paid money or other valuable consideration return receipt requested.Title 23 Page 124 (2007 Edition)
  • 127. SPECIAL DISTRICT ELECTIONS 255.155 (9) The elections officer shall not accept and timely circulation of the petition. [1991for filing any petition which has not met the c.719 §38; 2005 c.797 §44]provisions of subsection (7) of this section. 255.145 Preparation of ballot title for (10) The person obtaining signatures on certain measures; notice. (1) When a pro-the petition shall carry at least one full and spective petition for a district measure to becorrect copy of the measure to be initiated referred is filed with the elections officer,or referred and shall allow any person to re- the officer shall authorize the circulation ofview a copy upon request of the person. [1979 the petition containing the title of the meas-c.190 §292; 1981 c.909 §8; 1983 c.756 §12; 1991 c.106 §3; ure as enacted by the district elections au-1992 c.1 §4; 1995 c.607 §48; 1997 c.846 §4; 1999 c.318 §30; thority or, if there is no title, the title2001 c.965 §7; 2007 c.848 §18] supplied by the petitioner filing the prospec- 255.140 Determination of compliance tive petition. The elections officer imme-with constitutional provisions; notice; diately shall send two copies of theappeal. (1) Not later than the fifth business prospective petition to the district attorneyday after receiving a prospective petition for of the county in which the administrativean initiative measure, the elections officer office of the district is located.shall determine in writing whether the initi- (2) Not later than the sixth business dayative measure meets the requirements of after a prospective petition for a districtsection 1 (2)(d) and (5), Article IV of the Or- measure to be initiated is filed with theegon Constitution. elections officer, the officer shall send two (2) If the elections officer determines that copies of it to the district attorney of thethe initiative measure meets the require- county in which the administrative office ofments of section 1 (2)(d) and (5), Article IV the district is located if the measure to beof the Oregon Constitution, the elections of- initiated has been determined to be in com-ficer shall proceed as required in ORS pliance with section 1 (2)(d) and (5), Article255.145. The elections officer shall include in IV of the Oregon Constitution, as providedthe publication required under ORS 255.145 in ORS 255.140.(5) a statement that the initiative measure (3) Not later than the fifth business dayhas been determined to meet the require- after receiving the copies of the prospectivements of section 1 (2)(d) and (5), Article IV petition, the district attorney shall provide aof the Oregon Constitution. ballot title for the district measure to be ini- (3) If the elections officer determines that tiated or referred and return one copy of thethe initiative measure does not meet the re- prospective petition and the ballot title toquirements of section 1 (2)(d) and (5), Article the elections officer. Unless the circuit courtIV of the Oregon Constitution, the elections certifies a different title, this ballot titleofficer shall immediately notify the peti- shall be the title printed on the ballot.tioner, in writing by certified mail, return (4) A copy of the ballot title shall be fur-receipt requested, of the determination. nished to the chief petitioner. (4) Any elector dissatisfied with a deter- (5) The elections officer, upon receivingmination of the elections officer under sub- a ballot title for a district measure to be re-section (1) of this section may petition the ferred or initiated from the district attorney,circuit court of the judicial district in which shall publish in the next available edition ofthe administrative office of the district is lo- a newspaper of general circulation in thecated seeking to overturn the determination district a notice of receipt of the ballot titleof the elections officer. If the elector is dis- including notice that an elector may file asatisfied with a determination that the initi- petition for review of the ballot title notative measure meets the requirements of later than the date referred to in ORSsection 1 (2)(d) and (5), Article IV of the Or- 255.155. [1979 c.190 §293; 1985 c.808 §43; 1987 c.707 §20a; 1991 c.719 §29; 1995 c.607 §49; 2005 c.797 §45]egon Constitution, the petition must be filednot later than the seventh business day after 255.155 Procedure for elector dissatis-the ballot title is filed with the elections of- fied with title of district measure. (1) Anyficer. If the elector is dissatisfied with a de- elector dissatisfied with a ballot title filedtermination that the initiative measure does with the elections officer by the district at-not meet the requirements of section 1 (2)(d) torney or district elections authority mayand (5), Article IV of the Oregon Constitu- petition the circuit court of the judicial dis-tion, the petition must be filed not later than trict in which the administrative office of thethe seventh business day after the written district is located seeking a different titledetermination is made by the elections offi- and stating the reasons the title filed with the court is insufficient, not concise or un-cer. fair. The petition shall name as respondent (5) The review by the circuit court shall the district attorney or district elections au-be the first and final review, and shall be thority, depending on who prepared the bal-conducted expeditiously to ensure the orderly lot title, and must be filed not later than theTitle 23 Page 125 (2007 Edition)
  • 128. 255.165 ELECTIONSseventh business day after the title is filed which a candidate for Governor was electedwith the elections officer. The court shall to a full term; andreview the title and measure to be initiated (b) For a referendum petition, is not lessor referred, hear arguments, if any, and cer- than four percent of the total number oftify to the elections officer a title for the votes cast in the district for all candidatesmeasure which meets the requirements of for Governor at the most recent election atORS 250.035. which a candidate for Governor was elected (2) An elector filing a petition under this to a full term.section shall notify the county clerk in writ- (3) Except for a district measure of theing that the petition has been filed. The no- Port of Portland, a metropolitan service dis-tice shall be given not later than 5 p.m. on trict organized under ORS chapter 268, athe next business day following the day the school district with an enrollment exceedingpetition is filed. 40,000 pupils or a mass transit district situ- (3) The review by the circuit court shall ated in a standard metropolitan statisticalbe the first and final review, and shall be area with a population exceeding 400,000,conducted expeditiously to insure the orderly other than a mass transit district measureand timely circulation of petitions or conduct relating to a route, schedule or fare change,of the election at which the measure is to be a petition to refer a district measure mustsubmitted to the electors. [1979 c.190 §294; 1983 be filed with the elections officer not laterc.514 §13a; 1987 c.707 §21; 1989 c.503 §16; 1993 c.493 §99; than the 30th day after adoption of the dis-1995 c.534 §5] trict ordinance sought to be referred. 255.165 Signature requirements. (1) (4) A petition to refer a district measureExcept for a district measure of the Port of of the Port of Portland, a metropolitan ser-Portland, a metropolitan service district or- vice district organized under ORS chapterganized under ORS chapter 268, a school 268, a school district with an enrollment ex-district with an enrollment exceeding 40,000 ceeding 40,000 pupils or a mass transit dis-pupils or a mass transit district situated in trict situated in a standard metropolitana standard metropolitan statistical area with statistical area with a population exceedinga population exceeding 400,000, other than a 400,000, other than a mass transit districtmass transit district measure relating to a measure relating to a route, schedule or fareroute, schedule or fare change, a petition to change, must be filed with the elections offi-refer or initiate a district measure must be cer not later than the 90th day after adoptionsigned by a number of electors registered in of the district ordinance sought to be re-the district that: ferred. [1979 c.190 §295; 1983 c.350 §75; 1987 c.211 §1; 1989 c.328 §1] (a) For an initiative petition, is not lessthan 15 percent of the total number of votes 255.175 Filing officer; filing require-cast in the district for all candidates for ments; verification of signatures. (1) AnGovernor at the most recent election at initiative or referendum petition relating towhich a candidate for Governor was elected a district measure shall be filed with theto a full term; and elections officer for signature verification. The filed petition shall contain only original (b) For a referendum petition, is not less signatures.than 10 percent of the total number of votes (2) An initiative or referendum petitioncast in the district for all candidates for relating to a district measure shall not beGovernor at the most recent election at accepted for filing if it contains less than 100which a candidate for Governor was elected percent of the required number of signatures.to a full term. (3) For any petition requiring a number (2) A petition to refer or initiate a dis- of signatures exceeding 4,500, the Secretarytrict measure of the Port of Portland, a met- of State by rule shall designate a statisticalropolitan service district organized under sampling technique to verify whether a peti-ORS chapter 268, a school district with an tion contains the required number of signa-enrollment exceeding 40,000 pupils or a mass tures of electors. A petition may not betransit district situated in a standard metro- rejected for the reason that it contains lesspolitan statistical area with a population ex- than the required number of signatures un-ceeding 400,000, other than a mass transit less two separate sampling processes bothdistrict measure relating to a route, schedule establish that the petition lacks the requiredor fare change, must be signed by a number number of signatures. The second samplingof electors registered in the district that: must contain a larger number of signatures (a) For an initiative petition, is not less than the first sampling.than six percent of the total number of votes (4) The Secretary of State may employcast in the district for all candidates for professional assistance to determine theGovernor at the most recent election at sampling technique referred to in subsectionTitle 23 Page 126 (2007 Edition)
  • 129. SPECIAL DISTRICT ELECTIONS 255.245(3) of this section. [1979 c.190 §296; 1989 c.68 §9; NOMINATIONS1991 c.580 §1] 255.235 Nomination of candidates for 255.185 Date of election on measure election to district boards; withdrawal. (1)initiated or referred by electors. (1) In a A candidate for election as a member of adistrict that holds regular district elections, district board shall be nominated by filingif an initiative or referendum petition con- with the elections officer either:tains the required number of verified signa- (a) A petition for nomination signed bytures, the election on the district measure at least 25 electors, or 10 percent of theshall be held on a district election date electors, residing in the election district forspecified by the district elections authority the office, whichever number is less; orin the order calling the election. The electiondate may not be sooner than the next avail- (b) A declaration of candidacy accompa-able date in ORS 255.345 for which the filing nied by a filing fee of $10.deadline may be met and may not be later (2) A petition for nomination or a decla-than the first regular district election fol- ration of candidacy shall be filed with thelowing the 40th day after the date of the or- elections officer not sooner than the 40th dayder. before the deadline specified in paragraph (a) (2) In a district that does not hold regu- or (b) of this subsection and:lar district elections, if an initiative or ref- (a) Not later than the 61st day before theerendum petition contains the required date of the district election if the election isnumber of verified signatures, the election a regular district election or the firston the district measure shall be held on the election at which members of the districtnext available district election date in ORS board are elected.255.345 for which the filing deadline may bemet. [1979 c.190 §297; 1983 c.350 §76; 1985 c.808 §44; 1991 (b) Not later than the 70th day before thec.107 §13] date of the district election if the election is 255.195 [1979 c.190 §298; 1985 c.471 §13; repealed by held on the date of a primary election or1987 c.724 §7] general election. 255.205 Retention of petition materi- (3) A nominating petition or declarationals. The elections officer shall retain the of candidacy shall contain the informationsignature sheets of a filed initiative or refer- specified in ORS 249.031.endum petition with a copy of the district (4) In a district in which a position ormeasure. If the measure is approved by the zone number is assigned to each office on thedistrict electors, a copy of the measure shall district board or local school committee,be preserved as a permanent public record, each petition for nomination or declarationand the signature sheets shall be preserved of candidacy for election to the district boardfor six years. [1979 c.190 §299] or local school committee shall state the po- 255.210 [Repealed by 1957 c.608 §231] sition or zone number of the office to which the candidate seeks election. 255.211 [1957 c.608 §197; 1961 c.49 §3; 1971 c.94 §3;1971 c.733 §5; 1973 c.658 §2; 1975 c.766 §11; 1979 c.190 (5) The provisions of ORS 249.009 (1)(b)§181; renumbered 251.115] and 249.061 shall not apply to nominating 255.215 Notice by mail in lieu of or in petitions filed under this section.addition to newspaper publication. In lieu (6) A nominee for election to the districtof or in addition to publication of notice un- board may withdraw the nomination notder ORS 255.085, if it is expedient to do so later than 5 p.m. of the last day specified forthe elections officer may give notice by mail filing a petition or declaration under thisto each elector of the district. The notice section by filing with the elections officer ashall have postage prepaid and shall be con- written withdrawal of candidacy. The with-sidered given when mailed. Mailed notice of drawal shall be signed by the nominee anda district election under ORS 255.085 shall state the reasons for withdrawal. [Formerlybe made not later than three days after re- 259.070; 1981 c.173 §34; 1983 c.350 §77; 1983 c.567 §17; 1985ceipt of the ballot title. Proof of mailing shall c.808 §46; 1989 c.503 §17; 1989 c.923 §15; 1991 c.107 §15; 1995 c.607 §50; 1995 c.712 §70]be by affidavit of the elections officer. Theaffidavit shall state the time and place the 255.240 [Repealed by 1957 c.608 §231]notice was mailed. [Formerly 259.110; 1981 c.173 255.241 [1957 c.608 §200; 1961 c.532 §2; 1969 c.83 §2;§33; 1981 c.639 §7; 1985 c.808 §45; 1991 c.107 §14; 2007 1971 c.94 §5; 1975 c.766 §13; 1977 c.364 §2; repealed byc.154 §51] 1979 c.190 §431] 255.220 [Amended by 1957 c.608 §198; repealed by 255.245 Nominations to fill certain va-1979 c.190 §431] cancies; Secretary of State to adopt 255.230 [Repealed by 1957 c.608 §231] rules. If a vacancy occurs in the office of 255.231 [1957 c.608 §199; 1959 c.457 §4; 1971 c.94 §4; district board member after the deadline for1971 c.733 §6; 1973 c.658 §4; 1975 c.766 §12; repealed by notice in ORS 255.069 (2) and on or before1979 c.190 §431] the 62nd day before the regular districtTitle 23 Page 127 (2007 Edition)
  • 130. 255.288 ELECTIONSelection, the Secretary of State by rule shall county clerk shall contain a statement indi-provide a nominating schedule when practi- cating whether any candidate elected to dis-cable so that candidates′ names may be trict office is qualified to hold the office.printed on the regular election ballot. With [Formerly 259.200; 1989 c.221 §1; 1993 c.493 §102; 1995regard to this vacancy, requirements of pub- c.712 §72; 1999 c.318 §50; 1999 c.999 §57; 2005 c.157 §5]lication of notice and sample ballots may be 255.305 Election expenses paid by dis-waived. The rule shall require notice of the trict; exceptions; apportionment of ex-vacancy and nominating procedure to the penses; rules. (1) Except as otherwisedistrict electors by the most reasonable and provided by ORS 198.775, 261.210, 568.542 andexpeditious means practicable under the cir- 607.025, the expenses incurred for a districtcumstances, including but not limited to sin- election shall be paid by that district.gle publication in a newspaper of general (2) When two or more districts hold ancirculation in the district. [Formerly 259.075; 1999 election on the same day, the expenses of thec.410 §65] election shall be equitably apportioned 255.250 [Amended by 1955 c.96 §2; repealed by 1957c.608 §231] among the districts. 255.260 [Repealed by 1957 c.608 §231] (3) The Secretary of State by rule: 255.265 [Formerly 259.045; 1981 c.173 §35; 1987 c.267 (a) May designate a formula for the ap-§55; repealed by 1995 c.607 §91] portionment of expenses under subsection (2) of this section; and CONDUCT OF ELECTIONS (b) Designate categories of election ex- 255.275 [Formerly 259.220; repealed by 2007 c.154 penses that are chargeable to a district.§67] [Formerly 259.230; 1983 c.514 §14; 1995 c.243 §3] 255.285 [Formerly 259.120; 1985 c.471 §12; repealed 255.310 [Repealed by 1963 c.160 §1]by 2007 c.154 §67] 255.288 Methods of providing map of ELECTION DATESproposed boundaries for election onboundary question. At any election in 255.325 Legislative intent to promotewhich the question of establishing or chang- regularity of special district elections;ing the exterior boundaries of a district or rulemaking and enforcement by Secre-the question of establishing or changing tary of State. The Secretary of State by ruleboundaries of electoral zones or subdistricts shall require the districts that are not inwithin a district is submitted to a vote, the compliance with ORS 255.335 to so comply.elections officer shall provide a map indicat- For this purpose, the rule may require ad-ing the proposed boundaries. The elections justing or staggering terms of board mem-officer shall provide the map by: bers. [Formerly 259.235; 1981 c.173 §36] (1) Printing the map in any voters′ pam- 255.335 Regular district election;phlet prepared for the district election; or terms of board members; organizational (2) Including the map with the ballot. meeting. (1) The regular district election[1983 c.350 §74; 1993 c.493 §47; 2007 c.154 §52] shall be held by each district for the purpose of electing members of the district board to 255.291 Ballot to state position or zone succeed a member whose term expires thenumber of candidate. In a district in which following June 30 and to elect members toa position or zone number is assigned to each fill any vacancy which then may exist. Theoffice on the district board, the ballot shall election shall be held in each such district instate the position or zone number of the of- each odd-numbered year on the third Tues-fice to which the candidate seeks election. day in May.The candidate′s name shall appear on theballot only for the designated position or (2) A district shall not conduct more thanzone. [1983 c.350 §79] one election of board members in any year. 255.295 Preparing abstract; notifica- (3) The first regular district election intion of results. (1) Not later than the 20th a district shall be held on the regular districtday after the date of an election, the county election date next following the year inclerk shall prepare an abstract of the votes which the first members of the district boardand deliver it to the district elections au- were elected or appointed.thority. Not later than the 30th day after re- (4) The term of a board member electedceiving the abstract the district elections at the regular district election shall com-authority shall determine from it the result mence on the first day of July next followingof the election. the election and shall expire June 30 next (2) Subject to ORS 254.548, the county following the regular district election atclerk may issue a certificate of election only which a successor is elected.after the district elections authority has no- (5) Each district board shall hold a regu-tified the county clerk in writing of the re- lar organizational meeting following the reg-sult of the election. The notification to the ular district election and not later than theTitle 23 Page 128 (2007 Edition)
  • 131. SPECIAL DISTRICT ELECTIONS 255.345last day of July of that year. [Formerly 259.240; 255.418 [1975 c.766 §18; 1979 c.190 §197; renumbered1981 c.639 §8; 1983 c.350 §80; 1983 c.379 §4; 1989 c.923 §16; 251.275]1995 c.258 §1; 1995 c.712 §115a; 2001 c.73 §1] 255.420 [Repealed by 1957 c.608 §231] 255.345 Special election dates. (1) Ex- 255.421 [1957 c.608 §203; 1959 c.457 §5; 1961 c.49 §4;cept as provided in subsection (2) of this 1965 c.350 §1; repealed by 1973 c.712 §5 (255.422 enacted in lieu of 255.421)]section, a special election called by a districtelections authority shall not be held on any 255.422 [1973 c.712 §6 (enacted in lieu of 255.421); repealed by 1975 c.766 §29]date other than: 255.425 [1975 c.766 §17; repealed by 1977 c.460 §3] (a) The second Tuesday in March; 255.430 [Amended by 1957 c.608 §204; 1975 c.766 §26; (b) The third Tuesday in May; repealed by 1979 c.190 §431] (c) The third Tuesday in September; or 255.435 [1975 c.766 §2a; 1977 c.460 §2; 1979 c.190 §196; renumbered 251.265] (d) The first Tuesday after the first Mon- 255.440 [Amended by 1953 c.359 §4; 1953 c.647 §2;day in November. 1957 c.608 §205; 1973 c.712 §7; 1979 c.190 §189; renumbered (2) A special election may be held on a 251.195]date other than that provided in subsection 255.450 [Amended by 1957 c.608 §206; 1959 c.457 §6;(1) of this section, if the district elections repealed by 1973 c.712 §8 (255.452 enacted in lieu of 255.450)]authority by resolution finds that an election 255.452 [1973 c.712 §9 (enacted in lieu of 255.450);sooner than the next available election date repealed by 1975 c.766 §29]is required on a measure to finance repairs 255.455 [1977 c.516 §3; 1979 c.190 §198; 1979 c.749 §4;to property damaged by fire, vandalism or a renumbered 251.285]natural disaster. 255.460 [Repealed by 1957 c.608 §231] (3) As used in this section, “district elec- 255.465 [1975 c.766 §27; 1979 c.190 §194; renumberedtions authority” means the body or officer 251.245]authorized or required to call an election for 255.470 [1965 c.350 §2; 1975 c.766 §16; repealed bya public corporation formed under, and de- 1975 c.766 §29]riving its powers solely from, the statutes of 255.510 [1967 c.63 §2; 1979 c.190 §199; renumberedthis state, but does not include a city or 251.295]county. [Formerly 259.260; 1981 c.639 §9; 1989 c.923 255.990 [Amended by 1973 c.155 §6; 1979 c.190 §200;§17; 1991 c.71 §4; 1993 c.713 §53; 1995 c.607 §51; 1995 c.712 renumbered 251.991]§116] 255.355 [Formerly 259.265; repealed by 1995 c.607§91] 255.410 [Amended by 1953 c.359 §4; 1957 c.608 §201;1961 c.532 §3; 1969 c.83 §3; 1975 c.766 §14; 1977 c.516 §4; CHAPTERS 256 AND 2571979 c.190 §188; renumbered 251.185] 255.415 [1975 c.766 §25; 1977 c.460 §1; 1977 c.508 §12;1979 c.190 §195; renumbered 251.255] [Reserved for expansion]Title 23 Page 129 (2007 Edition)
  • 132. ELECTIONSTitle 23 Page 130 (2007 Edition)
  • 133. Chapter 258 2007 EDITION Election Contests; Recounts GENERAL PROVISIONS 258.171 Full recount required to change results;258.006 Definitions exception for recount demand made by county clerk 258.181 One recount only; two or more recount ELECTION CONTESTS demands258.016 Grounds for contest; persons authorized 258.190 Secretary of State ordering recount after to contest demand; notice258.026 When election results may be set aside 258.200 Counting boards; appointment; compensa-258.036 Petition of contest; location of filing; tion contents of petition 258.211 Opening ballot boxes; conduct of recount by hand; persons permitted to be present258.046 Payment of costs, disbursements and at- torney fees 258.221 Completion of recount; certification of votes and cost; notification of person de-258.055 Publication of notice of contest; service manding recount and filing of copies of petition of contest; court hearing 258.231 Costs to be included and excluded from recount costs258.065 Effect of successful contest of nomination 258.241 Official return of election after recount or election 258.250 Payment of cost of recount258.075 Effect of successful contest of measure; 258.260 Costs to be collected for multicounty or special election dates; tax election partic- statewide election recounts ipation contests 258.270 Payment of costs where more than one258.085 Appeal to Court of Appeals recount conducted simultaneously 258.280 Automatic full recount required in certain RECOUNTS elections of candidates for office; costs of258.150 Authority of Secretary of State over re- recount to be paid by governmental unit counts 258.290 Automatic full recount required in certain258.161 Filing demand for recount with Secretary elections on measures; costs of recount to of State; partial or full recount; deposit; be paid by governmental unit; exception waiver of deposit; deadline for filing de- 258.300 Elections officials to notify Secretary of mand; recount related to presidential State when automatic full recount re- election quiredTitle 23 Page 131 (2007 Edition)
  • 134. ELECTIONSTitle 23 Page 132 (2007 Edition)
  • 135. ELECTION CONTESTS; RECOUNTS 258.026 258.005 [1965 c.586 §2; repealed by 1979 c.190 §431] 258.010 [1953 c.397 §1; repealed by 1965 c.586 §34] 258.015 [1965 c.586 §3; repealed by 1979 c.190 §431] GENERAL PROVISIONS 258.006 Definitions. As used in this ELECTION CONTESTSchapter: 258.016 Grounds for contest; persons (1) “Candidate” means a candidate for authorized to contest. The nomination ornomination or election to any elective office. election of any person or the decision on any measure may be contested by any elector (2) “Contestant” means any person who entitled to vote for the person or measure,files a petition of contest under ORS 258.036. by any person who was a candidate at the (3) “Contestee” means: election for the same nomination or office, (a) In a contest of the nomination of a by the Secretary of State if the contest in-person for an office or the election of a per- volves a state measure or a candidate forson to an office, all candidates for the nomi- whom the Secretary of State is the filing of-nation or office, other than a candidate who ficer, or by the county clerk who conductedis a contestant. the election only for the following causes: (b) In a contest of the approval or re- (1) Deliberate and material violation ofjection of a measure proposed by initiative any provision of the election laws in con-petition, the chief petitioner of the petition, nection with the nomination, election, ap-unless the chief petitioner is a contestant, proval or rejection.and any other person involved in the cause (2) Ineligibility of the person elected toof the contest. the office to hold the office at the time of the (c) If the cause of the contest is ORS election.258.016 (6) or (7), the county clerk. (3) Illegal votes. (4) “County clerk” means the county (4) Mistake or fraud in the canvass ofclerk or the county official in charge of votes.elections. (5) Fraud in the count of votes. (5) “Elector” means an individual quali- (6) Nondeliberate and material error infied to vote under section 2, Article II, Ore- the distribution of the official ballots by agon Constitution. local elections official, as that term is de- (6) “Full recount” means a recount of all fined in ORS 246.012, or a county clerk.the precincts in which votes were cast for (7) A challenge to the determination ofthe nomination or office for which a candi- the number of electors who were eligible todate received a vote or on any measure that participate in an election on a measure con-appeared on the ballot. ducted under section 11 (8), Article XI of the (7) “Measure” includes any of the follow- Oregon Constitution. [Formerly 251.025; 1983 c.170ing submitted to the people for their approval §1; 1993 c.493 §48; 1997 c.541 §313a; 2001 c.965 §29]or rejection at an election: 258.020 [1953 c.397 §2; repealed by 1965 c.586 §34] (a) A proposed law. 258.025 [1965 c.586 §4; 1979 c.190 §24; renumbered 246.520] (b) An Act or part of an Act of the Leg-islative Assembly. 258.026 When election results may be set aside. (1) The nomination or election of (c) A revision of or amendment to the a person shall not be set aside for any causeOregon Constitution. listed in ORS 258.016 (3) to (5) unless: (d) Local, special or municipal legis- (a) The person nominated or elected hadlation. knowledge of or connived in the cause of the (e) A proposition or question. contest; or (8) “Partial recount” means a recount (b) The number of votes taken from theconducted in a number of precincts equal to person nominated or elected by reason of thethe greater of: cause of the contest would reduce the legal (a) Five percent of the precincts in which votes of the person below the number of le-votes were cast for the nomination or office gal votes given to another person for thefor which a candidate received a vote or on same nomination or office.any measure that appeared on the ballot; or (2) The nomination or election of a per- (b) Three specified precincts in which son shall not be set aside for the cause de-votes were cast for the nomination or office scribed in ORS 258.016 (6) unless it can befor which a candidate received a vote or on determined that the nomination or electionany measure that appeared on the ballot. would have been given to one of the candi-[Formerly 251.015; 1983 c.392 §7; 1985 c.186 §1; 1995 c.607 dates other than the candidate nominated or§52; 2001 c.965 §28] elected if all votes not cast or tallied due toTitle 23 Page 133 (2007 Edition)
  • 136. 258.036 ELECTIONSthe error had been cast or tallied for the 258.040 [1953 c.397 §37; repealed by 1965 c.586 §34]other candidate. 258.045 [1965 c.586 §6; 1979 c.190 §25; renumbered 246.530] (3) The approval or rejection of a meas-ure shall not be set aside unless it appears 258.046 Payment of costs, disburse-that: ments and attorney fees. (1) The prevailing (a) The number of votes taken from the party in the contest proceeding shall recoverapproval or rejection by reason of the con- costs, disbursements and reasonable attorneytest would reverse the outcome of the fees at trial and on appeal against the losingelection; or party. However, if the cause of the contest is a mistake in the canvass of votes and the (b) The outcome of the election would contestant prevails, the cost of any recanvasshave been reversed if all votes not cast or of votes shall be paid by:tallied due to an error under ORS 258.016 (6)had been cast or tallied for approval or re- (a) The county for a contest of a state orjection of the measure. [Formerly 251.035; 1983 county nomination, office or measure;c.170 §2] (b) The city for a contest of a city nomi- 258.030 [1953 c.397 §30; repealed by 1965 c.586 §34] nation, office or measure; or 258.035 [1965 c.586 §5; repealed by 1979 c.190 §431] (c) Any other political subdivision or 258.036 Petition of contest; location of public corporation for a contest of such afiling; contents of petition. (1) Not later subdivision or corporation nomination, officethan the 40th day after the election or the or measure.seventh day after completion of a recount of (2) In a contest under ORS 258.016 (7),votes cast in connection with the nomi- costs, disbursements and attorney fees shallnation, office or measure, any person au- not be assessed against the county clerk un-thorized to contest a result of the election less the court makes a specific finding ofmay file a petition of contest. The petition fault against the county clerk. [Formerlyshall be filed with: 251.060; 1981 c.897 §44; 1991 c.331 §50; 1995 c.607 §53a; 1997 c.541 §313c] (a) The Circuit Court for Marion Countyif the petition involves a state measure, a 258.055 Publication of notice of con-candidate for election to the office of elector test; service and filing of copies of peti-of President and Vice President of the tion of contest; court hearing. (1) ExceptUnited States or a candidate for nomination as provided in subsection (2) of this section,or election to the office of United States when a contestant files a petition of contestSenator, United States Representative in with the circuit court described under ORSCongress, Governor, Secretary of State, State 258.036 (1), the contestant shall, within threeTreasurer, Attorney General, Commissioner business days of filing the petition, publish aof the Bureau of Labor and Industries, Su- notice stating that the petition has been filedperintendent of Public Instruction or a posi- and identifying the date of the deadline de-tion of judge on the Oregon Supreme Court, scribed in this subsection for filing a motionthe Oregon Court of Appeals or the Oregon to intervene. The notice shall be publishedTax Court. at least once in the next available issue of a (b) The circuit court for the county newspaper of general circulation published inwhere a majority of the electors in the elec- the county where the proceeding is pending.toral district reside if the petition involves a Jurisdiction over the election contest shallcandidate for nomination or election to the be complete within 10 days after the noticeoffice of state Senator, state Representative, is published as provided in this section. Anycircuit court judge or district attorney. person interested may at any time before the expiration of the 10 days appear and contest (c) The circuit court for the county in the validity of the proceeding, or of any ofwhich the filing officer is located if the peti- the acts or things enumerated in the pro-tion involves a candidate for nomination or ceeding.election to county, city or district office ora county, city or district measure. If a dis- (2) Subsection (1) of this section does nottrict is located in more than one county, the apply if the contest involves a state measure,petition shall be filed with the circuit court the election of a candidate to the office offor the county in which the administrative elector of President and Vice President ofoffice of the district is located. the United States or the nomination or election of a candidate to the office of United (2) The petition shall be verified in the States Senator, United States Representativemanner required for verification of com- in Congress, Governor, Secretary of State,plaints in civil cases and shall specify: State Treasurer, Attorney General, Commis- (a) The cause of the contest; and sioner of the Bureau of Labor and Industries, (b) The names of all contestees. [Formerly Superintendent of Public Instruction or a251.045; 1995 c.607 §53; 2001 c.965 §30] position of judge on the Oregon SupremeTitle 23 Page 134 (2007 Edition)
  • 137. ELECTION CONTESTS; RECOUNTS 258.075Court, the Oregon Court of Appeals or the bent who was defeated, the office shall beOregon Tax Court. declared vacant. (3) Not later than two business days after (5) If the judgment under ORS 258.026 (2)a petition of contest is filed with the circuit sets aside the nomination or election of acourt, the contestant shall serve a copy of person to a city office or as a member of thethe petition by certified mail on each board of a district defined in ORS 255.012,contestee. If the Secretary of State or the names of the candidates for the officecounty clerk is not a contestee, not later shall be resubmitted to the electors at a spe-than one business day after a petition of cial election held on the next availablecontest is filed with the circuit court, the election date. The county of the countycontestant shall file a copy of the petition clerk or the local elections official who com-with: mitted the error in the distribution of the (a) The Secretary of State if the petition official ballots shall bear the cost of theinvolves a candidate for state office or a election. [1979 c.190 §320; 1983 c.170 §3]state measure; or 258.075 Effect of successful contest of (b) The county clerk if the petition in- measure; special election dates; taxvolves a candidate for county, city or district election participation contests. (1) Exceptoffice or a county, city or district measure. as provided in subsection (4) of this section,As used in this paragraph, “county clerk” after the contest hearing, the circuit courtincludes the county clerk of the county in shall render a judgment affirming or settingwhich the administrative office of a city or aside the approval or rejection of the meas-district is located regarding a measure or a ure.candidate for an office to be voted on in a (2) If the judgment sets aside the ap-city or district located in more than one proval or rejection of a measure, the circuitcounty. court shall direct the measure to be resub- mitted at a special election held on one of (4) The circuit court shall fix a time for the dates specified in this subsection, as setthe hearing by the circuit court of the con- by the court. In setting the election date, thetest proceeding, and not later than the fifth court shall provide sufficient time for ade-day before the hearing shall give written no- quate notice to be given. The special electiontice of the hearing to each party to the pro- may be held on any of the following dates:ceeding. In fixing the time for the hearing,the court shall consider the dates set in any (a) The second Tuesday in March;notice published under subsection (1) of this (b) The third Tuesday in May;section and the dates of service on the (c) The third Tuesday in September; orcontestees. The contest proceeding shall takeprecedence over all other business on the (d) The first Tuesday after the first Mon-circuit court docket. day in November. (5) The circuit court shall hear and de- (3) The county of the county clerk or thetermine the proceeding without a jury and local elections official who committed theshall issue written findings of law and fact. error in the distribution of the official ballotsThe practice and procedure otherwise appli- shall bear the cost of the special election.cable to civil cases shall govern the proceed- (4) In a contest under ORS 258.016 (7),ing, except that the contestant has the the court shall determine whether the chal-burden of proof by clear and convincing evi- lenge to the determination of the number ofdence. [Formerly 251.070; 1995 c.607 §54; 2001 c.965 electors who were eligible on election day to§31] participate in the election on a measure 258.065 Effect of successful contest of conducted under section 11 (8), Article XI ofnomination or election. (1) After the con- the Oregon Constitution, is valid. In makingtest hearing, the circuit court shall render a the determination, the court shall rely on thejudgment affirming or setting aside the nom- provisions of ORS chapter 247 and shall re- ceive testimony from the county clerk re-ination or election of the person for or to the garding the clerk′s administration of ORSoffice. chapter 247. If, after a contest hearing, the (2) If the judgment sets aside the nomi- court determines that the challenge to thenation of a person, it also shall declare that determination of the number of electors whothe nomination is vacant. were eligible to participate is valid and that (3) Except as provided in subsection (4) the change in the number of electors eligibleof this section, if the judgment sets aside the to participate is sufficient to change the outcome of the election on the measure, theelection of a person, the incumbent shall re- court shall order the county clerk to makemain in office until a successor is elected. a new determination of the number of eligi- (4) If the judgment sets aside the election ble electors and to certify the results of theof a person to an office sought by an incum- election based on the new determination.Title 23 Page 135 (2007 Edition)
  • 138. 258.085 ELECTIONS[1979 c.190 §321; 1983 c.170 §4; 1985 c.808 §47; 1989 c.923 or on any measure that appeared on the bal-§18; 1991 c.71 §5; 1993 c.713 §54; 1995 c.712 §117; 1997 lot. The cash deposit requirement of subsec-c.541 §313b] tion (5) of this section shall not apply to a 258.085 Appeal to Court of Appeals. demand made under this subsection. TheAny party to the contest proceeding may ap- cost of a recount conducted under this sub-peal from the judgment rendered by the cir- section shall be paid by the county of thecuit court to the Court of Appeals in the county clerk making the demand.same manner as appeals in civil cases are (4) Except as provided in subsection (9)taken. The appeal shall take precedence over of this section, the person making a demandall other business on the docket. [Formerly for a recount may, in the first demand, spec-251.090] 258.105 [1965 c.586 §7; 1979 c.190 §246; renumbered ify a partial or a full recount. A person246.540] making a demand for a partial recount shall 258.110 [1953 c.397 §31; 1957 c.608 §207; repealed by specify the precincts in which votes were1965 c.586 §34] cast for the nomination or office or on the 258.115 [1965 c.586 §8; repealed by 1979 c.190 §431] measure to be recounted. If in the first de- 258.120 [1953 c.397 §33; repealed by 1965 c.586 §34] mand the person requested a partial recount, the person may file a supplemental demand 258.125 [1965 c.586 §9; repealed by 1979 c.190 §431] for a recount of all the remainder of the 258.130 [1953 c.397 §32; repealed by 1965 c.586 §34] precincts. 258.135 [1965 c.586 §10; repealed by 1979 c.190 §431] (5) Except as provided in subsections (3) 258.145 [1965 c.586 §11; 1967 c.335 §25; repealed by and (6) of this section, each demand shall be1979 c.190 §431] accompanied by a cash deposit of $15 for each precinct to be recounted up to a maxi- RECOUNTS mum of $8,000 for a recount of all precincts 258.150 Authority of Secretary of in the state on a measure or for a nomi-State over recounts. The Secretary of State nation or office. The Secretary of State mayshall be responsible for insuring that the retain the deposit for not more than 60 daysprocedures to be used in conducting election after the election for which the recount wasrecounts assure an accurate recount in the demanded, without depositing it in the Gen-shortest time at the least expense. When- eral Fund.ever demands are filed for a recount of a (6) Upon application from a county clerk,vote for both a measure and a nomination or the Secretary of State may waive the cashoffice, or for more than one measure, nomi- deposit requirement of subsection (5) of thisnation or office, the Secretary of State may section if, after the first demand, it appearsdetermine the most appropriate procedure to that due to nondeliberate and material errorbe used in conducting the recounts simul- by a local elections official, as defined intaneously. [Formerly 251.625] ORS 246.012, or a county clerk, the outcome 258.155 [1965 c.586 §12; 1979 c.190 §28; renumbered of an election on a candidate or measure will246.550] be changed. The cost of a recount conducted 258.160 [1953 c.397 §34; 1957 c.608 §208; repealed by under this subsection shall be paid by the1965 c.586 §34] county of the county clerk or the county of 258.161 Filing demand for recount the local elections official who committedwith Secretary of State; partial or full the error.recount; deposit; waiver of deposit; dead- (7) Each demand shall be in the form andline for filing demand; recount related to shall contain the information prescribed bypresidential election. (1) A candidate or an the Secretary of State, including the namesofficer of a political party on behalf of a and addresses of all persons and organiza-candidate of the political party may file a tions providing any part of the cash depositdemand requiring the Secretary of State to and the amount provided by each.direct that a recount be made in specified (8) Except as provided in subsection (9)precincts in which votes were cast for the of this section, the first demand shall be filednomination or office for which the candidate in the office of the Secretary of State notreceived a vote. later than the 35th day and a supplemental (2) An elector may file a demand requir- demand not later than the 45th day after theing the Secretary of State to direct that a date of the election in which votes were castrecount be made in specified precincts in for the nomination, office or measure.which votes were cast on any measure which (9) A demand for a recount made underappeared on the ballot. this section on behalf of the electors of pres- (3) A county clerk may file a demand re- idential and vice presidential candidatesquiring the Secretary of State to direct that shall be for a full recount only and shall bea recount be made in specified precincts in filed no later than five business days afterwhich votes were cast for the nomination or the Secretary of State declares the result ofoffice for which a candidate received a vote the election under ORS 254.555. [FormerlyTitle 23 Page 136 (2007 Edition)
  • 139. ELECTION CONTESTS; RECOUNTS 258.211251.520; 1981 c.142 §5; 1981 c.173 §37; 1995 c.607 §55; 1999 (3) The official who is to conduct the re-c.318 §40; 2001 c.965 §32] count, within a reasonable time before the 258.165 [1965 c.586 §13; 1969 c.537 §1; 1979 c.190 §29; recount, shall notify the affected candidatesrenumbered 246.560] or the individual filing the demand for re- 258.170 [1953 c.397 §35; 1957 c.608 §209; repealed by count for a measure of the date, time and1965 c.586 §34] place of the recount. [Formerly 251.550] 258.171 Full recount required to 258.192 [1959 c.582 §2; repealed by 1965 c.586 §34]change results; exception for recount de- 258.194 [1959 c.582 §3; repealed by 1965 c.586 §34]mand made by county clerk. (1) Except as 258.196 [1959 c.582 §§4,5,6; repealed by 1965 c.586provided in subsection (2) of this section, the §34]person making a demand for a recount shall 258.198 [1959 c.582 §7; repealed by 1965 c.586 §34]be bound by the original official returns un-less the person demands a full recount. 258.200 Counting boards; appointment; (2) If a demand for a partial recount is compensation. (1) After receiving noticemade by a county clerk under ORS 258.161 from the Secretary of State that a recount is(3), votes recounted in the precincts specified to be made, the official directed to conductby the county clerk may be combined with the recount shall appoint counting boardsvotes in other precincts that were not re- from the list of electors qualified to vote incounted to determine the official returns of the county in which the recount is de-the election. [1979 c.190 §325; 1999 c.318 §41; 2001 manded. The official shall appoint as manyc.965 §33] counting boards as may be necessary to 258.180 [1953 c.397 §38; 1957 c.608 §210; repealed by complete the recount within the shortest1965 c.586 §34] practicable time after the demand is filed. No member of the counting boards shall have 258.181 One recount only; two or more been a candidate for any office voted uponrecount demands. (1) Except as provided in at the election. The members of a countingsubsection (4) of this section, only one re- board shall not all be members of the samecount shall be made for any measure, nomi- political party.nation or office for which a recount may bedemanded. (2) Each member of the counting board (2) If two or more demands for the re- shall be compensated at a rate not less thancount of the same measure are filed with the the federal or state minimum wage, which-Secretary of State the demand first received ever is higher. [Formerly 251.560; 1981 c.173 §38; 1993 c.493 §49; 1999 c.410 §66]by the Secretary of State shall be considered 258.205 [1965 c.586 §14; repealed by 1979 c.190 §431]the demand for a recount. 258.210 [1953 c.397 §3; 1957 c.608 §211; repealed by (3) If two or more demands for the re- 1965 c.586 §34]count of the same nomination or office arefiled with the Secretary of State the demand 258.211 Opening ballot boxes; conductreceived from or on behalf of the losing can- of recount by hand; persons permitted todidate receiving the highest number of votes be present. (1) The ballot boxes containingshall be considered the demand for a recount. the ballots to be recounted shall be opened by the official directed to make the recount (4) If the demand for a recount under only in the presence of the counting boardsubsection (2) or (3) of this section specifies and the persons referred to in this section.a partial recount, any elector may file asupplemental demand as provided in ORS (2) The counting board shall conduct the258.161. [Formerly 251.540; 1985 c.808 §48; 2001 c.965 recount by hand and, if requested, permit:§34] (a) In the instance of a nomination or 258.190 Secretary of State ordering office, an affected candidate or an electorrecount after demand; notice. (1) After a authorized in writing by an affected candi-recount demand is filed, the Secretary of date, and an elector authorized in writing byState shall direct the official who conducted each major or minor political party to bethe election or the clerk of any county con- present to watch the recount.taining precincts in which ballots were cast (b) In the instance of a measure, oneon the measure or for the nomination or of- elector advocating and one elector opposingfice specified in the demand for a recount to the measure to be present to watch the re-conduct a recount in the precincts specified count.in the demand. (3) For ballots cast using a voting ma- (2) If the demand for a recount of votes chine:cast for a nomination or office is filed, theSecretary of State, not later than the third (a) The county clerk shall deposit theday after the filing of the first demand, shall paper record copy recorded by the machinenotify the affected candidates by certified or into the ballot box; andregistered mail that a recount is to be made (b) The paper record copies are the bal-in the precincts specified in the demand. lots to be recounted under this section.Title 23 Page 137 (2007 Edition)
  • 140. 258.221 ELECTIONS[Formerly 251.570; 2001 c.965 §35; 2005 c.731 §6; 2005 c.797 (2) Except as provided in ORS 258.171 (2),§69] in the case of a partial recount, the abstract 258.215 [1965 c.586 §15; 1973 c.662 §2; 1975 c.212 §1; of votes recounted shall not be certified and1977 c.829 §18; 1979 c.317 §14; repealed by 1979 c.190 §431] the abstract of votes resulting from the ori- 258.220 [1953 c.397 §8; 1957 c.608 §212; repealed by ginal count shall be the official return of the1965 c.586 §34] election. [Formerly 251.600; 2001 c.965 §38] 258.221 Completion of recount; certi- 258.245 [1965 c.586 §18; 1979 c.190 §254; renumberedfication of votes and cost; notification of 254.315]person demanding recount. (1) The re-count shall be completed as soon as practi- 258.250 Payment of cost of recount. (1)cable after the demand is filed. If the abstract of votes resulting from a full recount shows that the outcome of the (2) In the case of a full recount, the offi- election on the measure was changed or thatcial directed to conduct the recount, as soon a candidate for whose benefit the recountas practicable after completion of the re- was demanded received a plurality of thecount, shall: votes, the deposit required by ORS 258.161 (a) Certify the abstract of votes re- shall be refunded by the Secretary of Statecounted to the Secretary of State. to the person who filed the demand. (b) Certify the abstract of votes re- (2) The Secretary of State shall transfercounted to the official issuing certificates of the deposit required by ORS 258.161 and anynomination or election regarding a nomi- additional amount paid pursuant to subsec-nation or office, or to the official responsible tion (5) of this section to a special accountfor issuing a proclamation regarding a meas- in the General Fund if:ure. The official then shall issue the appro-priate certificate or proclamation. (a) A full recount was not conducted; or (c) Notify by mail the person who filed (b) The abstract of votes resulting fromthe demand for the recount of the result and a full recount shows that:the cost of the recount. (A) The outcome of the election on the (3) Not later than the 30th day after the measure was not changed; orcompletion of the recount the official di- (B) A candidate for whose benefit the re-rected to conduct the recount shall certify count was demanded did not receive a plu-the cost of the recount to the Secretary of rality of the votes.State. [Formerly 251.590; 2001 c.965 §36] 258.225 [1965 c.586 §16; 1979 c.317 §15; repealed by (3) Moneys deposited in the special ac-1979 c.190 §431] count under subsection (2) of this section are 258.230 [1953 c.397 §9; 1957 c.608 §213; repealed by continuously appropriated for the purpose of1965 c.586 §34] reimbursing the county, city or other poli- tical subdivision or public corporation for the 258.231 Costs to be included and ex- cost of the recount and paying any refundscluded from recount costs. (1) The certi- required by subsection (4) of this section.fication of costs of a recount required inORS 258.221 (3) may include: (4) Upon receipt from the official directed (a) Compensation of recount boards. to conduct the recount of a signed certificate itemizing the cost of the recount, the Secre- (b) Compensation of additional employees tary of State shall request the Oregon De-required to conduct the recount and overtime partment of Administrative Services to issuepayment to regular employees who are eligi- warrants for the amount so certified. Anyble to receive such payments. portion of the deposit required by ORS (c) Postage and telephone charges di- 258.161 remaining after the cost of the re-rectly related to the recount. count has been paid shall be refunded to the (d) The costs for security. person who filed the demand upon receipt of (2) The certification of costs of a recount a warrant from the Oregon Department ofrequired in ORS 258.221 (3) shall not include: Administrative Services showing the amount of the refund to which the person is entitled. (a) General administrative costs. (5) If the cost of the recount exceeds the (b) Allowances for meals or lodging. amount of the deposit required by ORS[Formerly 251.630; 2001 c.965 §37] 258.161, and if the person who filed the de- 258.235 [1965 c.586 §17; 1979 c.317 §16; repealed by1979 c.190 §431] mand does not qualify for a refund under subsection (1) of this section, the person 258.240 [1953 c.397 §10; repealed by 1965 c.586 §34] shall pay to the Secretary of State the 258.241 Official return of election after amount of the excess cost. [Formerly 251.610;recount. (1) In the case of a full recount, the 1983 c.740 §66; 2001 c.965 §39; 2005 c.755 §7]abstract of votes resulting from the recount 258.255 [1965 c.586 §19; 1979 c.317 §17; repealed byshall be the official return of the election. 1979 c.190 §431]Title 23 Page 138 (2007 Edition)
  • 141. ELECTION CONTESTS; RECOUNTS 258.300 258.260 Costs to be collected for which the Secretary of State is the filing of-multicounty or statewide election re- ficer, and the county clerk who conductedcounts. If the demand for recount is made the election in the case of any other measurefor a multicounty or statewide election, the shall order a full recount of all votes cast forSecretary of State also may collect those the measure.costs allowed in ORS 258.231 (1) which the (2) The cost of a full recount conductedsecretary incurs as a result of the recount. under this section shall be paid by the state,[Formerly 251.635] county, city or special district for which the 258.265 [1965 c.586 §20; repealed by 1979 c.190 §431] measure was proposed. 258.270 Payment of costs where more (3) This section does not apply if thethan one recount conducted simultane- election on the measure is an election atously. If two or more recounts are conducted which at least 50 percent of registered voterssimultaneously, payment of the costs of the eligible to vote in the election must cast arecount in counties where the same precinct ballot under section 11, Article XI, Oregonor precincts are designated for recount by Constitution, and less than 50 percent ofmore than one person shall be equitably ap- registered voters eligible to vote in theportioned among those persons. With the ad- election cast ballots. [Formerly 251.645; 1993 c.493vice of the official directed to conduct the §51; 1997 c.541 §313e; 2001 c.965 §41]recount, the Secretary of State shall deter- 258.295 [1965 c.586 §26; 1979 c.190 §256; renumberedmine the apportionment of costs. [Formerly 254.335]251.615] 258.300 Elections officials to notify 258.275 [1965 c.586 §21; 1977 c.508 §13; repealed by1979 c.190 §431] Secretary of State when automatic full recount required. Immediately following the 258.280 Automatic full recount re- completion of the official canvass of votes forquired in certain elections of candidates any election, the elections officer who pre-for office; costs of recount to be paid by pared the canvass shall notify the Secretarygovernmental unit. (1) The Secretary of of State of any election subject to an auto-State shall order a full recount of the votes matic full recount under ORS 258.280 andcast for nomination or election to a public 258.290. [Formerly 251.650; 2001 c.965 §42]office for which the Secretary of State is the 258.305 [1965 c.586 §27; 1979 c.190 §257; renumberedfiling officer, and the county clerk who con- 254.345]ducted the election shall order a full recount 258.310 [1953 c.397 §4; 1957 c.608 §214; repealed byof the votes cast for nomination or election 1965 c.586 §34]to any other public office if the canvass of 258.315 [1965 c.586 §28; 1979 c.317 §19; 1979 c.317votes of the election reveals that: §19a; 1979 c.519 §29; repealed by 1979 c.19 §431] (a) Two or more candidates for that 258.320 [1953 c.397 §5; 1957 c.608 §215; repealed bynomination or office have an equal and the 1965 c.586 §34]highest number of votes; or 258.325 [1965 c.586 §29; repealed by 1979 c.190 §431] (b) The difference in the number of votes 258.330 [1953 c.397 §6; repealed by 1965 c.586 §34]cast for a candidate apparently nominated or 258.335 [1965 c.586 §§30,31; repealed by 1979 c.190 §431]elected to the office and the votes cast forthe closest apparently defeated opponent is 258.345 [1965 c.586 §32; repealed by 1979 c.190 §431]not more than one-fifth of one percent of the 258.355 [1965 c.586 §23; repealed by 1979 c.190 §431]total votes for both candidates. 258.365 [1965 c.586 §24; repealed by 1979 c.190 §431] (2) The cost of a full recount conducted 258.375 [1965 c.586 §25; repealed by 1979 c.190 §431]under this section shall be paid by the 258.380 [1977 c.231 §2; 1979 c.190 §241; renumberedcounty for a county office, by the city for a 254.175]city office, by the special district for a spe- 258.405 [1965 c.139 §§2,4; 1967 c.384 §1; 1979 c.190cial district office or by the state for any §30; renumbered 246.570]other office. [Formerly 251.640; 1985 c.808 §49; 1993 258.410 [1953 c.397 §7; repealed by 1965 c.586 §34]c.493 §50; 2001 c.965 §40] 258.415 [1965 c.139 §3; 1967 c.384 §2; 1979 c.190 §31; 258.285 [1965 c.586 §22; 1979 c.317 §18; repealed by renumbered 246.580]1979 c.190 §431] 258.420 [1953 c.397 §11; repealed by 1965 c.586 §34] 258.290 Automatic full recount re- 258.425 [1965 c.139 §5; 1967 c.335 §26; 1971 c.749 §85;quired in certain elections on measures; 1979 c.190 §32; renumbered 246.590]costs of recount to be paid by govern- 258.430 [1953 c.397 §12; repealed by 1965 c.586 §34]mental unit; exception. (1) If the official 258.435 [1965 c.139 §6; 1979 c.190 §33; renumberedcanvass of votes of an election reveals that 246.600]the difference in the number of votes cast for 258.440 [1953 c.397 §13; repealed by 1965 c.586 §34]or against any measure is not more than 258.445 [1965 c.139 §7; 1979 c.190 §34; renumberedone-fifth of one percent of the total votes 246.610]cast for and against the measure, the Secre- 258.450 [1953 c.397 §14; 1957 c.608 §216; repealed bytary of State, in the case of a measure for 1965 c.586 §34]Title 23 Page 139 (2007 Edition)
  • 142. 258.300 ELECTIONS 258.460 [1953 c.397 §15; 1957 c.608 §217; repealed by 258.750 [1963 c.530 §28; repealed by 1965 c.586 §34]1965 c.586 §34] 258.760 [1963 c.530 §32; repealed by 1965 c.586 §34] 258.510 [1953 c.397 §17; 1957 c.608 §218; repealed by 258.770 [1963 c.530 §5; repealed by 1965 c.586 §34]1965 c.586 §34] 258.780 [1963 c.530 §6; repealed by 1965 c.586 §34] 258.520 [1953 c.397 §18; repealed by 1965 c.586 §34] 258.790 [1963 c.530 §§7,15; repealed by 1965 c.586 §34] 258.530 [1953 c.397 §19; repealed by 1965 c.586 §34] 258.800 [1963 c.530 §9; repealed by 1965 c.586 §34] 258.540 [1953 c.397 §20; repealed by 1965 c.586 §34] 258.820 [1963 c.530 §10; repealed by 1965 c.586 §34] 258.550 [1953 c.397 §16; 1957 c.608 §219; repealed by1965 c.586 §34] 258.830 [1963 c.530 §11; repealed by 1965 c.586 §34] 258.560 [1953 c.397 §21; 1957 c.608 §220; repealed by 258.840 [1963 c.530 §§12,18; repealed by 1965 c.5861965 c.586 §34] §34] 258.570 [1953 c.397 §36; repealed by 1965 c.586 §34] 258.850 [1963 c.530 §19; repealed by 1965 c.586 §34] 258.610 [1953 c.397 §22; repealed by 1965 c.586 §34] 258.860 [1963 c.530 §17; repealed by 1965 c.586 §34] 258.620 [1953 c.397 §23; 1957 c.608 §221; repealed by 258.870 [1963 c.530 §13; repealed by 1965 c.586 §34]1965 c.586 §34] 258.880 [1963 c.530 §14; repealed by 1965 c.586 §34] 258.630 [1953 c.397 §25; repealed by 1965 c.586 §34] 258.890 [1963 c.530 §16; repealed by 1965 c.586 §34] 258.640 [1953 c.397 §24; repealed by 1965 c.586 §34] 258.910 [1963 c.530 §§20,22; repealed by 1965 c.586 258.650 [1953 c.397 §26; 1957 c.608 §222; repealed by §34]1965 c.586 §34] 258.920 [1963 c.530 §21; repealed by 1965 c.586 §34] 258.660 [1953 c.397 §27; 1957 c.608 §223; repealed by 258.930 [1963 c.530 §23; repealed by 1965 c.586 §34]1965 c.586 §34] 258.940 [1963 c.530 §24; repealed by 1965 c.586 §34] 258.670 [1953 c.397 §28; 1957 c.608 §224; repealed by 258.950 [1963 c.530 §25; repealed by 1965 c.586 §34]1965 c.586 §34] 258.960 [1963 c.530 §27; repealed by 1965 c.586 §34] 258.680 [1953 c.397 §29; repealed by 1965 c.586 §34] 258.970 [1963 c.530 §§29,30,31; repealed by 1965 c.586 258.710 [1963 c.530 §1; repealed by 1965 c.586 §34] §34] 258.720 [1963 c.530 §2; repealed by 1965 c.586 §34] 258.990 [1953 c.397 §39; repealed by 1965 c.586 §34] 258.730 [1963 c.530 §3; repealed by 1965 c.586 §34] 258.995 [1965 c.586 §33; repealed by 1979 c.190 §431] 258.740 [1963 c.530 §§4,8,26; repealed by 1965 c.586§34]Title 23 Page 140 (2007 Edition)
  • 143. Chapter 259 2007 EDITION Campaign Finance (Chapter 3, Oregon Laws 2007 (Ballot Measure47 (2006)), is compiled as a note)Title 23 Page 141 (2007 Edition)
  • 144. ELECTIONSTitle 23 Page 142 (2007 Edition)
  • 145. CAMPAIGN FINANCE Note: The Act that comprises chapter 3, Oregon (c) Large contributions distort the political processLaws 2007 (Ballot Measure 47 (2006)), was proposed by and impair democracy, with these adverse effects:initiative petition and was approved by the people at (1) Corrupting public officials and causing them tothe regular general election on November 7, 2006. By take actions that benefit large contributors at the ex-proclamation of the Governor dated December 7, 2006, pense of the public interest;the Act was declared to have received an affirmativemajority of the total number of votes cast thereon and (2) Causing public officials to grant special accessto be in full force and effect as provided in section 1, and accord undue influence to large contributors;Article IV, Oregon Constitution. However, on November (3) Significantly impairing the opportunity for vot-17, 2006, the Secretary of State interpreted section (9)(f) ers to hear from candidates who do not accept largeof the Act to mean that the Act is not currently en- contributions and for those candidates to communicateforceable. with voters; and At the time volume 6 of the 2007 Edition of the (4) Fostering the appearance of corruption andOregon Revised Statutes was sent to the printer, the undermining the public′s faith in the integrity of electedSecretary of State′s interpretation was the subject of officials and the political process.litigation. Chapter 3, Oregon Laws 2007, is set forth be-low for the user′s convenience. (d) Candidates engage in the money “arms race” Legislative Counsel has added line spacing but has due to their accurate perception that expenditures in-not otherwise adjusted the format of the text that was fluence the outcome of elections. In contests for theproposed by initiative petition and approved by the Oregon Senate, the candidate spending the most moneypeople. won 87% of the races in 2002 and 94% of the races in 2004. The two exceptions in 2002 and the only exception in 2004 were former legislators who still spent an aver- Be It Enacted by the People of the State of Oregon, age of $195,000 each. In contests for the Oregon HouseChapter 259 of Oregon Revised Statutes is hereby of Representatives, the candidate spending the mostamended by the addition of the following sections (re- money won 92% of the races in 2002 and 90% of theferred to therein as “this Act”): races in 2004. The five exceptions in 2002, including two incumbents, spent an average of $167,000 each. The purpose of this Act is to restore democracy in (e) Oregon candidates have become overly depend-Oregon and reduce corruption and the appearance of ent upon large contributions from a very few donors. Incorruption by limiting political campaign contributions the 2002 legislative races, over 98.5% of Oregon regis-and independent expenditures on candidate races and tered voters made no contributions at all. In the pri-by increasing timely public disclosure of the sources of maries, 49% of the contributed money came from 3% ofthose contributions and expenditures. These limits and the donors in contributions averaging over $4,100 each.disclosure requirements are needed so that corporations, In the general election, 69% of the contributed moneyunions, and wealthy individuals do not exercise undue came from 6% of the donors in contributions averagingand disproportionate influence over the results of elec- just under $6,700 each. For the primary and generaltions and upon the policies and decisions of candidates election campaigns combined, only 3.6% of the fundsand public officeholders. Consistent with the U.S. Con- came from those contributing $50 or less.stitution, this Act applies to campaigns for all public (f) Candidate campaigns spent almost $15 millionoffices in Oregon, except federal offices. in the 2002 contest for Governor alone, easily surpass- Oregon can make consistent progress in education, ing the $2.4 million spent in 1998, the $6.9 million spenthealth care, economic development, living wage jobs, in 1994, and the $3.2 million spent in 1990. In 2002, eachand natural resource issues, only by curtailing the major party candidate spent over $4 million, and thepower of private economic interests to unduly dominate average spent in the primaries by the four losing can-our political process. We must restore fairness in poli- didates taken seriously by the press was $1.5 million.tical campaigns and achieve a government that repres- (g) Contributions are given also to obtain accessents the views and needs of all Oregonians instead of to and the favor of whichever candidate is elected. Inallowing only a powerful few to call the tune by pro- 2002, almost 40% of money contributed to the legislativeviding funds to enable some candidates to overwhelm leadership political committees came from donors whoothers. contributed to both the Republican leadership commit- tees and to the Democratic leadership committees. (1) Findings. Nearly one-third of contributions to winning Oregon candidates after the close of the last reporting period The people, acting in their legislative capacity, find in 2000 were first-time contributions from donors whothese facts: had financially supported the losing candidate in the (a) The democratic process has not functioned same race.properly in Oregon, due to the lack of reasonable limits (h) Contributions to and expenditures for candidateon political campaign contributions and expenditures, campaigns in excess of those allowed by this Act areincluding expenditures made independently of candi- considered to be large contributions and expendituresdates, on races for state and local public office. Oregon in Oregon.is one of only five states in the United States with nolimits on political campaign contributions. All of the (i) Corporations have been granted state-conferredprohibitions, limits, and reporting and disclosure re- advantages for the purpose of economic gain and thequirements of this Act are reasonable and necessary to amassing of wealth, including perpetual life, limited li-curb the undue influence of large contributions and ex- ability, and the issuance of securities. The use of cor-penditures. porate treasury funds for political purposes distorts the (b) Because Oregon candidates are now forced to democratic process, threatens the integrity of the elec-treat campaign fundraising as an “arms race” to be won tions process, and overwhelms the voices of ordinaryat all costs, they have become unduly beholden to large citizens. Corporate spending on politics does not neces-contributors and the special interests able to contribute sarily reflect public support for the political agenda oflarge amounts for their campaigns. Contributions to the corporation. Therefore, corporate use of treasurycandidates in contests for statewide public office and for funds for political purposes should be restricted to thethe Oregon Legislature have increased from $4.2 million maximum extent allowed by the United States Consti-in 1996 to $27.9 million in 2002. Less than 4% of the tution and the Oregon Constitution.contributions were in amounts of $50 or less, and 75% (j) Examples of the undue influence exercised dueof the money came from only 1% of the contributors. to large campaign contributions include:Title 23 Page 143 (2007 Edition)
  • 146. ELECTIONS (1) In 2004, the Oregon Lottery Commission disre- (o) Candidates should not be allowed to carry overgarded its own study (showing that Canadian provinces campaign funds from one election cycle to another, be-pay video poker outlets commissions of 15% of the cause the accumulation of such “war chests” distortsmoney taken in, instead of the 32% paid in Oregon) and and corrupts the election process by deterring othercontinued to allow video poker parlors in Oregon to candidates from competing for public office and therebykeep an extra $85 million per year that should be going unfairly entrenching incumbents in future elections. Oneto schools. The Commission answers to the Governor example: In 2002, incumbent members of the Oregonand the Legislature, and the Oregon Restaurant Associ- Legislature entered their races with over $785,000 ination, whose clients were on the receiving end of the funds carried over from previous campaigns. Every in-extra $85 million, contributed over $1.2 million to their cumbent Senator running for re-election won, as didcandidacies in the last 3 elections. every incumbent member of the House of Represen- (2) Enron Corporation took over PGE in 1997 and tatives, except one who switched parties in 2001. Fur-in 2001 got from the Oregon Public Utility Commission ther, the carried over funds do not necessarily reflect(OPUC) the largest electricity rate increase in Oregon the current views of the contributors on the merits ofhistory - over $400 million per year. The OPUC also the candidates in the later race.refuses to make PGE pay back any of the more than (p) Reasonable limits on contributions to political$700 million PGE has charged Oregon ratepayers since committees and to political parties are also necessary1997 for “federal and state income taxes” that in fact to avoid the adverse effects of large contributions notedneither Enron nor PGE has ever paid. The OPUC an- above and to ensure that contributors cannot evade theswers to the Governor and the Legislature, and limits on contributions to candidate committees byPGE/Enron has contributed almost $400,000 to candi- making unlimited contributions to political committeesdates for the Oregon Legislature and both major poli- and political parties that support or oppose their can-tical parties. didates. (k) Even if corporate contributions and expendi- (q) Contributions from individuals of fifty dollarstures were prohibited, corporations could channel poli- ($50) or less to small donor committees pose little or notical spending through individuals (in the form of large risk of corruption, because contributions to these com-salaries, bonuses, or other compensation or gifts) and mittees will reflect public support for the committee′sthereby continue to exercise undue influence over can- political positions and will not enable the contributorsdidates and public officeholders, who would be aware to exercise undue influence over elected officials or overof the sources of the funds. the results of elections. (l) Allowing unlimited individual contributions ac- (r) In 1994, voters in Oregon approved a statutorycords undue influence to wealthy individuals, regardless ballot measure, Measure 9, establishing contributionof their sources of wealth, who can use that influence limits similar to those in this Act, by an affirmativeto obtain access to public officeholders and benefits vote of 72 percent. The Oregon Supreme Court in 1997from government not available to others. In the 2002 found that those limits were not permitted under thecontest for Governor, one individual contributed Oregon Constitution. This Act shall take effect at a time$415,000 to the Republican candidate and another when the Oregon Constitution does allow the limitations$125,000 to the Oregon Republican Party. The same contained in this Act.candidate received another $200,000 from an individual (s) When the Measure 9 limits were in effect duringand another $150,000 from another individual, with the 1996 election cycle, candidates were able to amass$100,000 more from that contributor′s son. Each of these sufficient funds to campaign effectively and have theirindividual contributors were executive officers of cor- voices rise to the level of public notice, using the con-porations. tributions allowed by Measure 9. A more recent example (m) Even if all other contributions were prohibited shows that the contribution limits in this Act will allowor limited, large contributions by candidates to their effective campaigns. In 2004, Tom Potter won theown campaigns would also have the adverse effects election for Mayor of Portland, in a race involving overnoted above, because it would allow candidates with 350,000 registered voters, while limiting his campaign topersonal wealth to overwhelm the efforts of other can- contributions from individuals not exceeding $25 perdidates and compel those candidates to become beholden individual in the primary and $100 per individual in theto large contributors and special interests in order to general election campaign. The reasonable limits in thiscompete. Statewide campaigns in Oregon governed by Act will increase competition for public office, foster athe federal contribution limits have been dominated by greater robustness of political debate in Oregon, andcandidate personal wealth. In 1996, for example, the alleviate the adverse effects noted above.winning candidate for an Oregon seat in the U.S. Sen- (t) Limiting contributions will encourage candi-ate, Gordon Smith, spent over $2 million of his personal dates to spend more time in direct contact with voterswealth, defeating Tom Bruggere, who spent $1 million in their districts and less time raising funds from largeof his personal wealth. contributors, thus improving their understanding of (1) Regardless of the source of wealth, allowing public needs and policy solutions.unlimited use of personal funds undermines the goal of (u) So-called “independent expenditures” supportingrobust public debate by discouraging non-wealthy can- or opposing one or more candidates must also be regu-didates from competing for office, thereby depriving lated and disclosed, in order to avoid circumvention ofvoters of the opportunity to support candidates reflect- the limits on political contributions. In 2004, for exam-ing a full range of views and experiences. ple, these “independent expenditures” supporting or op- posing federal candidates amounted to more than $500 (2) Candidates should be banned from loaning million and provided conduits for corporations, unions,money to their own campaigns, because solicitations of and wealthy individuals to circumvent limits on con-campaign funds to repay the loans would result in di- tributions to candidates for federal office.rect financial gain for the candidates. (v) When campaign contribution limits were in (n) Contribution limits can also be circumvented place in Oregon′s 1996 election cycle, “independent ex-when adults use minors to make additional contrib- penditures” increased from a negligible level to overutions. It is thus necessary to further limit campaign $1.85 million, as large donors evaded the contributioncontributions and expenditures by persons under 16 limits by funding non-candidate organizations that con-years of age and to prohibit them by persons under 12 ducted express advocacy and electioneering campaignsyears of age, as such contributions and expenditures are to support or oppose candidates. These large expendi-very likely to be dictated by adults as a means of cir- tures corrupt the political process in the same mannercumventing the limits. as large contributions, with the same adverse effectsTitle 23 Page 144 (2007 Edition)
  • 147. CAMPAIGN FINANCEnoted above, because (1) candidates and elected officials (e) “Candidate contribution” means any contrib-are aware of the sources of the “independent expendi- ution made to support or oppose the nomination ortures” supporting or opposing their candidacies and (2) election of any candidate or candidates.such expenditures allow the sources to exercise undue (f) “Candidate survey” means a publication show-influence over the outcome of elections. These influ- ing the positions of all candidates for a public office onences are even more severe than in the case of direct, selected bills, proposals, or issues; provided, that:publicly-reported contributions to a candidate campaign,because the connections between the candidate and (1) The sponsor timely provides the survey ques-those funding “independent expenditure” campaigns are tionnaire and a reasonable time for responding to allknown to the candidate but far less apparent to the candidates for the office; andpublic. Further, the candidate can publicly disavow the (2) The publication consists of the questions posedindependent expenditures, which nevertheless remain and the responses of all responding candidates and mayeffective in influencing voters and in helping the can- include descriptions of the bills or proposals and thedidate. positions thereon of the organization publishing the (w) The effective exercise of the right to vote re- survey.quires timely access to understandable information (g) “Cash” means currency and any other meansabout contributions and expenditures to influence the of payment that does not identify the payor on theoutcome of elections. Therefore, this Act requires: written or electronic instrument of payment. (1) More effective reporting of campaign contrib- (h) “Contest” means any electoral contest amongutions and expenditures, including so-called “independ- one or more candidates for a non-federal public office.ent expenditure” campaigns, which is particularlynecessary in light of Oregon′s distribution of vote-by- (i) Contributions and Expenditures.mail ballots weeks prior to election day; and (1) “Contribution” or “contribute” includes: (2) Effective and prompt disclosure of the identities (A) The payment, loan, gift, forgiving of indebted-of large donors in communications to voters by inde- ness, or furnishing without equivalent compensation orpendent expenditure campaigns (including the busi- consideration, of money, services, supplies, equipmentnesses of those donors). or any other thing of value to or on behalf of, or for (x) As all levels of government in the United States reducing the debt of, a candidate, candidate committee, political committee, or political party; andare adopting more controls on political campaign con-tributions and expenditures, the courts are issuing many (B) Any unfulfilled pledge, subscription, agreementnew decisions on whether the variety of new controls or promise, whether or not legally enforceable, to makeare consistent with the United States Constitution. a contribution.Drafting and enacting a ballot measure, and completing (2) “Expenditure” or “expend” includes:judicial review of its provisions through all levels of thecourts, takes a minimum of several years. If any specific (A) The payment or furnishing to anyone of moneylimitation or threshold or time period or age limit in or any thing of value in consideration for any services,this Act is ultimately found to conflict with the United supplies, equipment or other thing of value performed or furnished for any reason, or the incurring or repay-States Constitution or with the Oregon Constitution, the ment of indebtedness or obligation, including the cre-public interest will best be served by (1) swiftly adjust- ation of an account payable:ing the conflicting provision so that the conflict is re-moved or, if that is not possible, then (2) severing the 1) For the purpose of influencing the outcome ofconflicting provision so that the remainder of this Act any contest; orremains fully in effect. 2) By or on behalf of, or for reducing the debt of, (y) Under the limits in this Act, the people of Ore- a candidate, candidate committee, political committee,gon will have ample opportunities to express their political party, or independent expenditure campaign;opinions and level of support for or opposition to can- anddidates; to form and fund effective organizations to ex- (B) Any unfulfilled pledge, subscription, agreementpress political views; and to enjoy the freedoms of or promise, whether or not legally enforceable, to makespeech and association. an expenditure. (3) Any expenditure of personal funds by a candi- (2) Definitions. date to influence the outcome of the candidate′s contest constitutes both a contribution to the candidate com- Except for the definitions provided in this section, mittee and an expenditure by the candidate committee.the definitions in Chapter 260 of Oregon Revised Stat- (4) “Contribution” and “Expenditure” do not in-utes shall apply to this Act. clude: (a) “Business entity” means any corporation, part- (A) Volunteer personal services (including those ofnership, limited liability company, proprietorship, or the candidate) for which no compensation is asked orother form of business organization which creates an given, including unreimbursed travel expenses inci-entity which is legally separate from individuals. dental thereto; (b) “Campaign” means any communication to vot- (B) Any bona fide news story, commentary or edi-ers for the purpose of influencing the outcome of any torial distributed through the facilities of any mediacontest. organization, including any television or radio station, (c) “Candidate” shall have the meaning provided in newspaper, magazine or other regularly published peri- odical; provided, that the media organization:Chapter 260, except that it includes a public officeholder against whom a prospective recall petition has 1) Is not paid by any individual or entity for dis-been filed and has not expired pursuant to ORS 249.875. tributing the news story, commentary or editorial, apart from normal advertisers; (d) “Candidate committee” means any entity or anycombination of individuals and/or entities, that receives 2) Is not owned or controlled by one or more can-a contribution or makes an expenditure under the au- didates, political committees, or political parties; andthority of a candidate. Every candidate committee shall 3) Does not distribute the news story, commentary,register with the Secretary of State prior to receiving or editorial to voters by unsolicited mailings or othera contribution or making an expenditure. A candidate means of distribution not sought by the recipient, in-shall control only one candidate committee. cluding any paid advertisement in any other medium.Title 23 Page 145 (2007 Edition)
  • 148. ELECTIONS (C) Nonpartisan activity solely to encourage indi- (B) The period beginning the day that the recallviduals to vote or to register to vote, without expressing election is called or declared and ending on the day ofa preference regarding the outcome of any election; the recall election. (D) Communication to its members, and not to the (4) For any special election called to fill a vacancy,public, by a membership organization not organized the period beginning the day that the election is calledprimarily for the purpose of influencing the outcome of or declared and ending on the day of the election.contests, including communication of an officeholder (n) “Electioneering communication” means anyscorecard or candidate survey; or communication (other than a tax-exempt informational (E) Production of an officeholder scorecard or communication) which:candidate survey and its distribution by paper or elec- (1) Is distributed within thirty (30) days beforetronic copies (but not by paid advertising on television regular ballots are distributed to voters in a primaryor radio) at a cost of less than twenty thousand dollars election or sixty (60) days before regular ballots are($20,000) for distribution to the public. distributed to voters in a general election or any other (F) Funds provided to candidate committees by en- election at which a public office is filled;tities of government pursuant to a system of public (2) Unambiguously refers to a candidate running infunding. that election or to a political party with at least one (j) “Coordinated Expenditure” means an expendi- candidate running in that election;ture coordinated with a candidate, candidate committee, (3) Is distributed so as to include voters who arepolitical committee, or political party (hereinafter “co- eligible to vote for the candidate or for one or more ofordinated entity”), including: the candidates of the political party referenced in sub- (1) An expenditure made with the cooperation or section (2) above;with the prior consent of, or in consultation with, or (4) Is distributed by means of payment to anyat the request or suggestion of, the coordinated entity communication medium, including television, radio,or its agent; magazine, newspaper, outdoor advertising, direct mail, (2) An expenditure for the production, dissem- door-to-door delivery, or any other medium that receivesination, distribution, or publication of any broadcast or actual or promised payment from the sponsor in excessany written, graphic, or other form of political adver- of one thousand dollars ($1,000) for distributing one ortising or campaign communication prepared by or for more such communications; andthe coordinated entity or its agent; (5) Either: (3) An expenditure based on information, provided (A) Includes the candidate′s image; orto the expender by the coordinated entity or its agent, (B) Refers to the candidate′s prior or current posi-about the coordinated entity′s plans, projects, or needs; tion on a public policy issue (including votes, state-or ments, or actions), or the position of the political party (4) An expenditure by a person who, in the election of the candidate, when such position has been raised incycle during which the expenditure is made: any public communication as distinguishing the candi- date from others in the campaign; or (A) Has served as a member, employee, fundraiser,agent, or advisor to the coordinated entity; or (C) Refers to the candidate′s personal history or activities, when such subjects have been raised in any (B) Has received any form of compensation or re- public communication distinguishing the candidate fromimbursement from the coordinated entity or its agent; others in the campaign; or (C) Has retained the professional services of any (D) Promotes or supports a candidate or politicalperson who has provided campaign-related services to party or attacks or opposes a candidate or politicalthe coordinated entity. party. (k) “Dominant contributor” means any individual (o) “Entity” means a corporation, limited liabilityor entity which contributes more than five hundred company, labor organization, association, firm, partner-dollars ($500) during an election period to any candidate ship, joint stock company, club, organization or othercommittee, political committee, political party, or inde- combination of individuals and/or organization whichpendent expenditure campaign. has collective capacity. (l) “Election cycle” means the period of time be- (p) “Express advocacy communication” means anytween one biennial general election and the next bien- communication to voters expressly advocating thenial general election, including any primary or other election or defeat of one or more clearly identified can-preliminary elections to select candidates. For any con- didates, including but not limited to expressions suchtest which does not occur at a biennial general election, as “vote for,” “vote against,” “elect,” “re-elect,”“election cycle” means the period of time between an “retain,” “return,” “choose,” “defeat,” “reject,” “sendelection at which a candidate is elected and the next home,” “support,” “oppose,” “should be in office,”election for that same office, disregarding any inter- “should not be in office,” or “deserves your vote.”vening primary or nominating election, any recallelection, and any special election called to fill vacan- (q) “Independent expenditure” means an expendi-cies. ture, by an individual or entity other than a candidate committee, on express advocacy communication or (m) “Election period” means: electioneering communication that is not a “coordinated expenditure” as defined in this Section (2). (1) The period beginning the day after a biennialgeneral election and ending on the day of the next bi- (r) “Independent expenditure campaign” means theennial primary election; and use of independent expenditures to engage in express advocacy communication or electioneering communica- (2) The period beginning the day after a biennial tion.primary election and ending on the day of the next bi-ennial general election; and (s) “Individual” means a citizen or resident alien of the United States entitled to vote in federal elections; (3) For any recall election: however, when this Act expresses a limitation or prohi- (A) The period beginning the day that the prospec- bition, “individual” means any human being.tive recall petition is approved for circulation and end- (t) “Measure committee” means any entity, or anying on the day that the completed recall petition is combination of individuals and/or entities, that receivesfiled; and a contribution or makes an expenditure in excess of twoTitle 23 Page 146 (2007 Edition)
  • 149. CAMPAIGN FINANCEhundred dollars ($200) in any calendar year to support (5) Cannot serve as a conduit for contributions oror oppose a ballot measure. A measure committee shall expenditures by corporations, other business entities ormake no contributions or expenditures supporting or labor unions.opposing any candidate for public office. (6) Has not, directly or indirectly, accepted any (u) “Membership organization” means a nonprofit donation of money or any thing of value (includingorganization having individual members who have paid discounts on products or services) from any corporation,dues to join or maintain membership in the organiza- other business entity, or labor union.tion. (7) Has not received any payment for providing (1) It can be incorporated or unincorporated but products or services to corporations, other business en-cannot be formed or operated for the purpose of com- tities, or labor unions.mercial enterprise. (y) “Political party” means an assembly of electors (2) It can transfer to one and only one small donor qualified by law to nominate candidates for election tocommittee not more than forty percent of the dues paid public office in Oregon. A political party or subdivisionby each individual member of the organization, with a thereof shall make its contributions and expenditureslimit of fifty dollars ($50) transferred per individual by means of a political party finance committee.member per calendar year, with such transfers treated (z) “Political party finance committee” means aas having been contributed by each individual dues- political committee maintained by an Oregon politicalpaying member party or subdivision thereof. (3) It shall within thirty (30) days of such transfer (aa) “Prominently disclose” means that the com-notify each dues-paying member of the amount or per- munication states the following information about thecentage of dues transferred. Such notice may be pro- dominant contributor or the self-funded candidate on allvided by regular mail or electronic mail to each affected communications other than small campaign items: name,member or by posting the information on an Internet primary businesses engaged in, and total contributionssite. If the amount or percentage of dues transferred is and expenditures for the campaign at issue since thethe same for each member or category of members, the most recent biennial general election, with such state-posting may state that amount or percentage and need ment:not identify any member. (1) Current to within ten (10) days of the printing (v) “Officeholder scorecard” means a publication of printed material or within five (5) days of the trans-showing the votes on selected bills or proposals of all mitting of a video or audio communication; andof the members of a government body that takes re- (2) Comprehensible to a person with average read-corded votes. It can include descriptions of the bills or ing, vision, and hearing abilities, with any printed dis-proposals and the positions thereon of the organization closure appearing in type not smaller than 8 points, anypublishing the scorecard. It must include the votes of video disclosure remaining readable on the regularall of the members of the government body on these screen (not closed captioning) for a sufficient time tobills or proposals. be read by a person with average vision and reading (w) “Political committee” means any entity or any ability, and with any auditory disclosure spoken at acombination of individuals and/or entities, that in any maximum rate of five words per second.calendar year receives a contribution in excess of two (ab) “Public office” means any state, county, dis-hundred dollars ($200) or makes an expenditure in ex- trict, city, or other non-federal governmental office orcess of one thousand dollars ($1,000) to support or op- position that is filled by the votes of electors, not in-pose one or more candidates and/or political parties. cluding any political party office. (1) It does not include a candidate committee or (ac) “Small campaign items” means:any committee which does not support or oppose one (1) Small items worn or carried by individuals,or more candidates or political parties, such as a such as buttons, pins, stickers, bracelets, and pens;measure committee or committee seeking to place ameasure on the ballot (other than a recall measure). (2) Signs smaller than 6 square feet; (2) The following shall be treated as a single poli- (3) Any communication where the required promi-tical committee: All political committees (except small nent disclosure would violate any federal law or regu-donor committees) established, financed, maintained, or lation; orcontrolled by: (4) A distribution of one hundred (100) or fewer substantially similar pieces of literature. (A) For corporations: the same corporation (in-cluding all corporate affiliates and subsidiaries) or (ad) “Small donor committee” means a politicalsubstantially the same group of corporations; committee established to accept only contributions from individuals and which cannot accept such contributions (B) For unions: the same labor organization unit, in amounts exceeding fifty dollars ($50) per individualat any level, if the unit has authority to make an inde- per calendar year. The following shall be treated as apendent decision as to which candidates to support or single small donor committee: All small donor commit-oppose; or tees established, financed, maintained, or controlled by: (C) For others, substantially the same group of in- (A) For corporations: the same corporation (in-dividuals or entities or combinations thereof. cluding all corporate affiliates and subsidiaries) or (x) “Political nonprofit organization” means a substantially the same group of corporations;nonprofit corporation or association which: (B) For unions: the same labor organization unit, (1) Was formed for the express purpose of promot- at any level, if the unit has authority to make an inde-ing political ideas; pendent decision as to which candidates to support or oppose; or (2) Was not formed by one or more business enti- (C) For others, substantially the same group of in-ties or labor unions; dividuals or entities or combinations thereof. (3) Cannot engage in business activities except (ae) “Tax-exempt informational communication” isthose incidental to its political purpose, such as the sale a communication that would otherwise be anof campaign buttons; electioneering communication but which is undertaken (4) Has no shareholders or other individuals or by an organization which:entities affiliated so as to have a claim on its assets or (1) Has received a determination letter from theincome; Internal Revenue Service, designating it exempt fromTitle 23 Page 147 (2007 Edition)
  • 150. ELECTIONStaxation under Internal Revenue Service Code § (1) Fifty thousand dollars ($50,000) to support or501(c)(3), and which has maintained such status; oppose candidates contesting for any particular state- (2) Does not “participate in, or intervene in (in- wide public office;cluding the publishing or distributing of statements), (2) Ten thousand dollars ($10,000) to support orany political campaign on behalf of (or in opposition to) oppose candidates contesting for any other particularany candidate for public office,” as prohibited by In- public office.ternal Revenue Service Code § 501(c)(3); and (h) A contribution to a candidate shall be deemed (3) Spends less than twenty thousand dollars a contribution to the candidate′s candidate committee.($20,000) in any calendar year to distribute such com- (i) No individual under sixteen (16) years of agemunications in Oregon. shall make: (1) A contribution in excess of fifty dollars ($50) per (3) Limits on Contributions relating to Candidates. election period to any candidate committee, political committee, or political party; or (a) No corporation or labor union shall make anycontribution to a candidate committee, political com- (2) Aggregate contributions per election period inmittee, or political party. excess of five hundred dollars ($500). (j) No individual under twelve (12) years of age (b) No individual or entity shall make a contrib- shall make any contributions.ution to a candidate committee, political committee orpolitical party, except as specifically allowed in thisAct. (4) Candidate Personal Contributions and Expendi- tures. (c) No candidate committee, political committee,political party, or other entity shall accept a contrib- (a) A candidate may contribute to the candidate′sution or make a contribution, except from funds ob- own committee during any election period not moretained from the sources and in accordance with the than:contribution limits set forth in this Act. (1) Fifty thousand dollars ($50,000), if a candidate (d) An individual may make only the following for any statewide public office; orcontributions: (2) Ten thousand dollars ($10,000), if a candidate for (1) During any election period, to candidate com- any other public office; andmittees, not more than: (3) An additional fifty percent (50%) of these limits, if the candidate is not the incumbent for the public of- (A) Five hundred dollars ($500) to support or op- fice sought.pose candidates contesting for any particular statewidepublic office; and (b) Once a candidate has contributed more than $5,000 in the aggregate to the candidate′s own commit- (B) One hundred dollars ($100) to support or oppose tee during any election cycle:candidates contesting for any other particular publicoffice. (1) The candidate committee shall report to the appropriate filing officer pursuant to ORS Chapter 260, (2) During any calendar year, not more than: within three (3) business days of its receipt, every sub- (A) Fifty dollars ($50) to any small donor commit- sequent contribution by the candidate during thetee; election cycle; and (B) Five hundred dollars ($500) to any other poli- (2) Every paid communication by the candidatetical committee; committee shall prominently disclose the amount that the candidate has contributed to the candidate′s com- (C) Two thousand dollars ($2,000) in the aggregate mittee during the election cycle.to a political party, including all subdivisions thereof; (c) If for any reason the limits in Section (4)(a) areand not in effect and a candidate contributes more than the (D) Two thousand five hundred dollars ($2,500) in otherwise applicable limit stated in Section (4)(a):the aggregate to all candidate committees, political (1) The filing officer who receives reports undercommittees (including small donor committees), political Section (4)(b) shall immediately notify all other candi-parties, and political nonprofit organizations. dates for the same particular nomination or public of- (e) A political committee (other than a small donor fice; andcommittee or a political party finance committee) may (2) All limits on contributions to candidate com-make only the following contributions: mittees under Section (3)(d)-(g) shall be increased for all (1) During any election period, to candidate com- other candidates seeking the same particular nomi-mittees, not more than: nation or public office by the following factor: The amount contributed by the candidate to the candidate′s (A) Two thousand dollars ($2,000) to support or committee divided by the limit stated in Section (4)(a)oppose candidates contesting for any particular state- for that candidate, but not less than a factor of two.wide public office; (d) A candidate shall make no loans to the candi- (B) Four hundred dollars ($400) to support or op- date′s own committee.pose candidates contesting for any other particularpublic office. (e) If for any reason subsection (d) above is not in effect, then every loan by a candidate to the candidate′s (2) During any calendar year, not more than two own committee outstanding at the close of the electionthousand dollars ($2,000) in the aggregate to a political period shall be considered a contribution and shall notparty, including all subdivisions thereof. be repaid from committee funds. (f) A small donor committee may contribute to (f) All expenditures by a candidate regarding hiscandidate committees, political committees, and political or her candidacy shall be deemed a contribution to theparties any amounts contributed to the small donor candidate′s committee.committee by individuals in amounts not exceeding $50per individual per year. (5) Expenditures by or Coordinated with Candi- (g) A political party finance committee may con- dates, Political Committees, or Political Parties.tribute, during any election period, to candidate com- (a) No candidate committee, political committee, ormittees, not more than: political party shall expend funds to support or opposeTitle 23 Page 148 (2007 Edition)
  • 151. CAMPAIGN FINANCEa candidate, except those collected from the sources and ($200) shall report to the appropriate filing officer onin accordance with the contribution limits set forth in the same schedule applicable to a political committeeSection (3) of this Act. under ORS Chapter 260. (b) A coordinated expenditure shall constitute both (2) An individual or entity making or obligating(1) a contribution to the relevant coordinated entity by such expenditures in excess of one thousand dollarsthe maker of the expenditure and (2) an expenditure by ($1,000) shall report to the appropriate filing officerthe relevant coordinated entity. within five (5) business days of making or obligating the (c) A candidate or political party may seek a de- independent expenditure which causes this threshold totermination that an expenditure is a coordinated ex- be exceeded. Subsequent independent expenditures bypenditure benefitting an opposing candidate or political the same individual or entity shall again be reportedparty by filing a petition with the Circuit Court of the within five (5) business days after each time itscounty in which either candidate resides or in which the unreported expenditures exceeds this threshold.expenditure was made. The court shall schedule the pe- (3) If the level of unreported independent expendi-tition for hearing not later than the third business day tures exceeds one thousand dollars ($1,000) during theafter its filing and service upon the benefitting candi- period within 45 days before an election, the individualdate or party. The courts shall accord such petitions, or entity shall report to the appropriate filing officerand appeals therefrom, precedence on their dockets. not later than 5 p.m. on the next business day after the making or obligating of the independent expenditure (6) Independent Expenditures regarding Candidates. which causes this threshold to be exceeded. (a) No corporation or labor union shall make anindependent expenditure to support or oppose any can- (7) Separate Segregated Political Committee Funds.didate or political party. Nothing in this Act shall prohibit any corporation, other business entity, or labor union from establishing (b) No individual or entity shall make an inde- or administering a separate, segregated fund that oper-pendent expenditure to support or oppose any candidate ates as a political committee; provided, that:or political party, except as specifically allowed in thisAct . (a) The fund consists solely of voluntary contrib- utions from the employees, officers, shareholders, or (c) An individual in any calendar year shall make members of the organization within the limits estab-no independent expenditures in excess of : lished by Section (3) of this Act for contributions by (1) Ten thousand dollars ($10,000) in the aggregate; individuals to a political committee;and (b) The fund is registered as a political committee (2) An additional amount not greater than twenty with the appropriate registrar in the State of Oregonpercent (20%) of the amount of candidate personal con- and complies with all laws pertaining to such a com-tributions reported by another candidate for the same mittee;public office pursuant to Section (4)(b)(1) of this Act. (c) The corporation, other business entity, or labor (d) No individual under sixteen (16) years of age in union uses not more than five hundred dollars ($500)any calendar year shall make independent expenditures per year of treasury funds to create and administer thein excess five hundred dollars ($500), and no individual fund, with such expenditures reported as a specificallyunder twelve (12) years of age shall make any inde- allowed contribution to the political committee; andpendent expenditures. (d) Any solicitation for contributions directed to (e) Political committees (including small donor employees of a corporation or other business entitycommittees) and political parties may make independent states that there is no required contribution and thatexpenditures from amounts received in compliance with the employee′s response shall not affect the employee′sthe contribution limits of Section (3)(d) of this Act. employment, shall not be provided to the employee′s supervisors or managers, and shall remain confidential (f) A political nonprofit organization may make to the extent allowed by law.independent expenditures from its organizational treas-ury; provided, that: (8) Reporting of Contributions and Expenditures. (1) It spends only funds contributed to the organ-ization by individuals in amounts that comply with the (a) The Secretary of State shall maintain a systemcontribution limits applicable to a political committee; of political campaign contributor handle registration. (2) It reports these expenditures in compliance with (1) Any individual or entity may apply for a han-the disclosure requirements of Section (6)(g) and the dle, which shall consist of a simple, unique combinationreporting requirements of Section (6)(h). of letters and numbers for each registrant, such as the individual′s initials and a number. (g) Every communication funded by an independentexpenditure campaign which has spent more than two (2) The handle application shall identify:thousand dollars ($2,000) since the most recent biennial (A) An individual applicant by name, residence ad-general election shall prominently disclose all contribu- dress, year of birth, occupation, and employer; ortors who have contributed amounts equal to or morethan the fifth largest dominant contributor to the inde- (B) An entity applicant by name, type of businesspendent expenditure campaign. entity, business address, business phone number, busi- ness Internet web address (if any), and all types of (h) In addition to the reporting requirements set businesses engaged in.forth in ORS Chapter 260, an individual or entity mak-ing independent expenditures during any election cycle (3) Any individual who makes aggregate contrib-in excess of the threshold amount stated in any subsec- utions exceeding five hundred dollars ($500) in anytion below shall report to the appropriate filing officer election cycle shall obtain a handle and provide it tounder ORS Chapter 260 its independent expenditures the recipient of any subsequent contribution by thatand the sources of funding for those expenditures in the individual.same manner and format as a political committee must (4) Any individual or entity using a handle shallreport contributions and expenditures pursuant to ORS update the applicable information on file with the Sec-Chapter 260. The reports shall identify the candidate(s) retary of State within thirty (30) days of any change toeach independent expenditure sought to support or op- the information.pose. (b) The Secretary of State shall accept campaign (1) An individual or entity making or obligating contribution and expenditure reports in a simplesuch expenditures in excess of two hundred dollars spreadsheet, database or web-based format that identi-Title 23 Page 149 (2007 Edition)
  • 152. ELECTIONSfies each contribution by date of contribution and ei- (e) If, in the absence of this Section (9)(e), therether: would be entered in any court any order impairing the (1) Name, residence address, year of birth, occupa- effectiveness of any part of this Act on the ground thattion, and employer of the contributor, or the United States Constitution or Oregon Constitution requires that any type of individual or entity be wholly (2) The contributor′s handle on file. or partially exempt from any of the prohibitions orSuch formats shall not require separately calculated limitations in this Act, then we, the electors of Oregon,subtotals. acting in our legislative capacity, hereby declare that (c) Within five (5) business days of receipt, the the provisions of this Act shall be given a narrowingSecretary of State shall report and make available on interpretation so as to avoid invalidation of any pro-the Internet in an interactive database format all con- vision of this Act and to preserve its effectiveness to thetribution and expenditure reports and all handle regis- maximum degree consistent with the constitutions.trations. The format shall enable the user to determine (f) If, on the effective date of this Act, the Oregonthe sources and amounts of reported contributions: Constitution does not allow limitations on political campaign contributions or expenditures, this Act shall (1) For each candidate committee, political com- nevertheless be codified and shall become effective atmittee, political party, and independent expenditure the time that the Oregon Constitution is found to allow,campaign; and or is amended to allow, such limitations. (2) From each contributor who has contributed atleast five hundred dollars ($500) during the election cy- (10) Enforcement provisions.cle. (a) The provisions of this Act shall be administered and enforced by the Secretary of State and the Attorney (9) Other Provisions. General. (a) No individual or entity shall make a contrib- (b) Each violation of any provision in this Actution or expenditure in any name other than that of the shall be punishable by imposition of a civil fine whichindividual or entity which in truth provides the con- is not less than five times, nor more than twenty times,tribution. the amount of the unlawful contribution or expenditure. (b) No corporation or other entity or employer (c) Any person subjected to a violation of Sectionshall, directly or indirectly: (7)(d), (9)(b)(1), or (9)(b)(2) shall have a civil cause of action against the violator and shall, upon proof of vi- (1) Require any employee or contractor to make olation, recover a civil penalty of not less than $50,000any contribution or independent expenditure to support per incident of violation.or oppose any candidate; or (d) Any person may file a written complaint of a (2) Provide or promise any benefit or impose or violation of any of the provisions of this Act with thethreaten any detriment due to the fact that an employee Secretary of State, who shall immediately refer theor contractor did or did not make such contributions complaint to an administrative law judge. The adminis-or expenditures. trative law judge shall hold a hearing on the complaint (c) Within sixty (60) days after the close of the within fifteen (15) days and shall render a final decisionelection cycle for the office sought, the unexpended within fifteen (15) days of the hearing. The decisionfunds of a candidate committee at the close of the shall include any appropriate order, sanction, or reliefelection cycle for the office sought shall revert to the authorized by statute. Upon motion, the complainant orState of Oregon to offset the cost of producing the defendant shall be granted extensions of up to thirtyVoters′ Pamphlet, except for those funds reasonably (30) days or longer upon showing of good cause. Thenecessary to pay the obligations of the committee and decision of the administrative law judge shall be finalto terminate its operations. A candidate elected to the and subject to review by the Court of Appeals as anOregon Legislature may deposit not more than ten agency decision in a contested case. The decision shallthousand dollars ($10,000) of the unexpended funds into be enforced by the Secretary of State or the Attorneythe account maintained for legislative office expenses General. If neither of them enforces the decision withinduring the legislative session. thirty (30) days of the decision becoming final, the complainant may bring a civil action in a representative (d) If, in the absence of this Section (9)(d), there capacity for the collection of the applicable civil pen-would be entered in any court any order impairing the alty, payable to the State of Oregon.effectiveness of any provision of this Act on the groundthat any of the numeric limits or thresholds, percentagelimits or thresholds, time periods, or age limits specified (11) Supersession and Severability.in this Act conflict with the United States Constitution The provisions of this Act shall supersede any provisionor Oregon Constitution, then we, the electors of Oregon, of law with which they may conflict. For the purposeacting in our legislative capacity, hereby: of determining constitutionality, every section, subsec- tion, and subdivision thereof of this Act, at any level (1) Increase the conflicting numeric limit or of subdivision, shall be evaluated separately. If anythreshold by increments of one hundred dollars ($100) section, subsection or subdivision at any level is heldas many times as necessary to render it consistent with invalid, the remaining sections, subsections and subdi-the constitution at issue; visions shall not be affected and shall remain in full (2) Increase the conflicting percentage limit or force and effect. The courts shall sever those sections,threshold by increments of one percent as many times subsections, and subdivisions necessary to render thisas necessary to render it consistent with the constitu- Act consistent with the United States Constitution andtion at issue; with the Oregon Constitution. Each section, subsection, and subdivision thereof, at any level of subdivision, (3) Increase or decrease the conflicting time period shall be considered severable, individually or in anyby increments of one day as many times as necessary combination. [2007 c.3]to render that time period consistent with the constitu-tion at issue; and 259.005 [1973 c.796 §2; repealed by 1979 c.190 §431] (4) Decrease the conflicting age limit by increments 259.010 [1971 c.647 §1; 1973 c.796 §3; 1977 c.301 §6;of one year as many times as necessary to render it 1979 c.190 §280; renumbered 255.005]consistent with the constitution at issue; 259.020 [1971 c.647 §2; 1973 c.796 §4; 1975 c.286 §13;A prohibition shall be considered a numeric limit of 1975 c.598 §1; 1975 c.782 §§50,50a; 1979 c.108 §6; 1979 c.190zero. §281; renumbered 255.012]Title 23 Page 150 (2007 Edition)
  • 153. CAMPAIGN FINANCE 259.030 [1971 c.647 §3; repealed by 1979 c.190 §431] 259.150 [1971 c.647 §13; 1975 c.647 §6; 1979 c.317 §23a; 259.035 [1975 c.647 §13; 1979 c.190 §286; renumbered 1979 c.519 §31; repealed by 1979 c.190 §431]255.055] 259.160 [1971 c.647 §21; 1979 c.190 §284; renumbered 259.040 [1971 c.647 §25; 1977 c.516 §7; 1979 c.190 §283; 255.035]1979 c.533 §4; renumbered 255.022] 259.170 [1971 c.647 §22; 1973 c.796 §9; repealed by 259.045 [1977 c.516 §6; 1979 c.190 §303; renumbered 1977 c.301 §15]255.265] 259.180 [1971 c.647 §14; 1975 c.647 §7; repealed by 259.050 [1971 c.647 §§18,19,20; 1975 c.647 §2; repealed 1979 c.190 §431]by c.190 §431] 259.190 [1971 c.647 §15; repealed by 1979 c.190 §431] 259.060 [1971 c.647 §4; 1979 c.190 §307; repealed by 259.200 [1971 c.647 §16; 1975 c.647 §8; 1977 c.301 §11;1979 c.519 §38] 1979 c.190 §308; 1979 c.317 §24c; 1979 c.519 §32a; renum- bered 255.295] 259.070 [1971 c.647 §6; 1974 c.45 §6; 1977 c.829 §19;1979 c.190 §301; renumbered 255.035] 259.210 [1971 c.647 §17; repealed by 1979 c.190 §431] 259.075 [1977 c.829 §2; 1979 c.190 §302; renumbered 259.220 [1971 c.647 §23; 1979 c.190 §304; 1979 c.317255.245] §25a; renumbered 255.275] 259.080 [1971 c.647 §5; 1975 c.647 §3; 1977 c.301 §6a; 259.230 [1971 c.647 §148; 1975 c.647 §9; 1979 c.1901979 c.190 §287; renumbered 255.075] §309; 1979 c.519 §33a; renumbered 255.305] 259.090 [1971 c.647 §7; 1975 c.647 §4; 1977 c.301 §7; 259.235 [1977 c.103 §4; 1979 c.190 §310; renumbered1979 c.190 §288; renumbered 255.085] 255.325] 259.100 [1971 c.647 §8; 1975 c.647 §5; 1977 c.301 §8; 259.240 [1973 c.796 §5; 1974 c.45 §1; 1975 c.647 §10;1979 c.190 §289; 1979 c.519 §30; renumbered 255.095] 1977 c.103 §1; 1977 c.149 §1; 1977 c.301 §12; 1977 c.681 §1; 1979 c.190 §311; 1979 c.316 §5b; renumbered 255.335] 259.110 [1971 c.647 §9; 1977 c.301 §9; 1979 c.190 §300;renumbered 255.215] 259.250 [1973 c.796 §6; 1974 c.45 §2; repealed by 1977 c.829 §23] 259.120 [1971 c.647 §10; 1973 c.796 §8; 1977 c.301 §10;1979 c.190 §306; 1979 c.317 §20b; 1979 c.519 §31a; renum- 259.260 [1973 c.796 §7; 1974 c.45 §3; 1975 c.647 §11;bered 255.285] 1977 c.254 §2; 1977 c.301 §13a; 1979 c.190 §312; 1979 c.316 §5; renumbered 255.345] 259.130 [1971 c.647 §11; 1979 c.317 §21; repealed by1979 c.190 §431] 259.265 [1977 c.254 §2; 1979 c.190 §313; renumbered 255.355] 259.140 [1971 c.647 §12; 1979 c.317 §22; repealed by1979 c.190 §431]Title 23 Page 151 (2007 Edition)
  • 154. ELECTIONSTitle 23 Page 152 (2007 Edition)
  • 155. Chapter 260 2007 EDITION Campaign Finance Regulation; Election Offenses ELECTION CAMPAIGN 260.118 Treasurer and statement of organization FINANCE REGULATION for initiative, referendum or recall peti- (Generally) tion; filing electronic statements of con- tributions and expenditures; schedule;260.005 Definitions rules260.007 Exclusions from definitions of “contrib- 260.156 Rules for reporting expenditures and con- ution” and “expenditure” tributions 260.163 County or city campaign finance pro- (Treasurers, Statements of visions Organization and Accounts)260.035 Treasurer and statement of organization (Administration and Enforcement) for political committees; change in infor- mation 260.200 Secretary of State rules for accounts, forms, material to be retained and mate-260.037 Treasurers for candidates; appointment; rial not subject to disclosure liability of candidate for default or vio- lation 260.205 Inspection of statements; notice of failure to file correct statements; complaints260.038 Treasurer of more than one candidate or committee; replacement of treasurer 260.215 Examination and investigation of state- ments by filing officers; review of state-260.039 Statement of organization of candidate or ments of candidates for state office; principal campaign committee documentation of transactions260.041 Principal campaign committee 260.218 Subpoena authority260.042 Statement of organization of political 260.225 Court proceedings to compel filing of cor- committee rect statements; attorney fees260.043 Exemptions for candidate who expects 260.232 Civil penalty for failure to file statement neither contributions nor expenditures to or to include required information exceed $300 260.241 Removal from general election ballot for260.044 Statement of independent expenditures; failure to file statement; notice to candi- when person considered political commit- date tee or principal campaign committee 260.245 With