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  • 1. 2007–2008 Election Laws Constitutional and Statutory Provisions Chapters 246 through 260 reprinted from the Oregon Revised Statutes
  • 2. Contents 1 ORS 246 Administration of Election Laws; Vote Recording Systems 11 ORS 247 Qualification and Registration of Electors 25 ORS 248 Political Parties; Presidential Electors 37 ORS 249 Candidates; Recall 53 ORS 250 Initiative and Referendum 73 ORS 251 Voters’ Pamphlet 91 ORS 253 Absent Electors 99 ORS 254 Conduct of Elections 119 ORS 255 Special District Elections 153 ORS 260 Campaign Finance Regulation; Election Offenses 185 Index to Election Laws 207 Constitution of Oregon 281 Index to Constitution of Oregon
  • 3. TITLE 23 ELECTIONS Chapter 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 EDITION Administration of Election Laws; Vote Recording Systems GENERAL PROVISIONS 246.012 Definitions 246.021 Time within which election documents must be received by elections officer; electronic facsimile transmissions; elec- tronic campaign finance statements 246.025 Use of signature stamp by person with disability 246.046 Secretary of State and county clerks to seek out evidence of violations SECRETARY OF STATE 246.110 Secretary of State as chief elections offi- cer 246.120 Directives, instructions and assistance to county clerks 246.140 Election law conferences for county clerks 246.150 Rules 246.160 Compilations and digests of election laws; distribution of supplies and materials to county clerks and others 246.170 Deposit of moneys received under ORS 246.160 in Secretary of State Miscellaneous Receipts Account 246.179 Reimbursement of county clerk for special elections for United States Senator or Representative and for recall elections in- volving state office 246.185 Elections Fund 246.190 Help America Vote Act complaint proce- dures; rules COUNTY CLERK 246.200 County clerk to conduct elections; excep- tions 246.210 County clerk to supervise local elections officials 246.245 Notification to county clerk when city boundary changed 246.250 Personnel; equipment, materials and fa- cilities; payment of expenses; administer- ing oaths 246.270 Office hours of county clerk on election days PRECINCTS 246.410 Establishment and modification of pre- cincts; maximum number of electors in precinct VOTE RECORDING SYSTEMS 246.520 Applicable laws; conflicting laws and or- dinances inapplicable 246.530 Adoption, purchase or procurement of equipment; use thereafter 246.540 Joint purchase, maintenance and use 246.550 Examination and approval of equipment by Secretary of State 246.560 Requirements for approval of equipment 246.565 Audit of computerized voting system by Secretary of State; copy of instructions for operation and maintenance; mainte- nance log Title 23 Page 1 (2007 Edition)
  • 4. ELECTIONS 246.570 Sale of vote recording systems to coun- ties; security interest 246.580 Content of vote recording system sale agreement 246.590 Loans from State Treasurer for purchase of voting equipment or computers; Voting Machine Account 246.600 Deposits in Voting Machine Account; re- payment to State Treasurer COMPELLING OFFICERS, OFFICIALS TO PERFORM DUTIES 246.820 Order to compel county clerk, city elec- tions officer or elections official to comply with interpretation, rule, directive or in- struction APPEALS FROM OFFICERS, OFFICIALS 246.910 Appeal from Secretary of State, county clerk or other elections official to courts; deadline for filing Title 23 Page 2 (2007 Edition)
  • 5. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.025 246.010 [Repealed by 1957 c.608 §231] 246.011 [1957 c.608 §1; 1975 c.675 §1; repealed by 1979 c.190 §431] GENERAL PROVISIONS 246.012 Definitions. As used in this chapter: (1) “Ballot” means any material on which votes may be cast for candidates or mea- sures. (2) “County clerk” means the county clerk or the county official in charge of elections. (3) “County governing body” means the county court sitting for the transaction of county business or the board of county com- missioners. (4) “Election” means any election held within this state. (5) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (6) “Governing body” means the govern- ing body of any subdivision of the state. (7) “Local elections official” means any person who is: (a) An official of any election precinct or special district or public corporation organ- ized for public purposes; and (b) Authorized or required by law to per- form functions in connection with elections held in the election precinct or special dis- trict or public corporation organized for public purposes. (8) “Measure” includes any of the follow- ing submitted to the people for their approval or rejection at an election: (a) A proposed law. (b) An Act or part of an Act of the Leg- islative Assembly. (c) A revision of or amendment to the Oregon Constitution. (d) Local, special or municipal legis- lation. (e) A proposition or question. (9) “Precinct” means any election pre- cinct. (10) “Vote tally system” means one or more pieces of equipment necessary to ex- amine and tally automatically the marked ballots. (11) “Voting machine” means any device that will record every vote cast on candi- dates and measures and that will either in- ternally or externally total all votes cast on that device. [1979 c.190 §1; 1983 c.392 §2; 2005 c.731 §1; 2005 c.797 §64] 246.015 [1999 c.410 §2; repealed by 2007 c.154 §67] 246.020 [Repealed by 1957 c.608 §231] 246.021 Time within which election documents must be received by elections officer; electronic facsimile transmis- sions; electronic campaign finance state- ments. (1) Except as provided in ORS 247.012 and subsection (2) of this section, an election document and an accompanying payment of fees required to be filed with the Secretary of State, county clerk or other fil- ing officer must be delivered to and actually received at the office of the designated offi- cer not later than 5 p.m. of the day the doc- ument or fee is due or, if the day due is a Saturday, Sunday or holiday, on the next business day. (2) If, at 5 p.m. of the day an election document is due, an individual is physically present in the office of the secretary, county clerk or other filing officer and in line wait- ing to deliver the document, the individual is considered to have begun the act of deliv- ering the document and is permitted to file it. (3) Any election document required to be filed with the filing officer other than bal- lots, voter registration cards or petitions re- quiring signatures of electors may also be filed by means of an electronic facsimile transmission machine. If an election docu- ment is required to be filed by a specified time, the entire document must be received in the office of the filing officer not later than 5 p.m. of the day the document is due or, if the day due is a Saturday, Sunday or holiday, on the next business day. (4) Notwithstanding any provision of subsections (1) to (3) of this section, if a statement is required to be filed electron- ically under ORS 260.057: (a) The statement must be received elec- tronically at the office of the Secretary of State not later than 12 midnight of the day the statement is due or, if the day due is a Saturday, Sunday or holiday, on the next business day; and (b) The Secretary of State may not accept the filing of the statement in any form other than an electronic format. (5) As used in this section, “election document” includes, but is not limited to, a declaration of candidacy for nomination for public or political party office, completed nominating petitions, statements and por- traits for voters′ pamphlets, statements of election campaign contributions and expend- itures, and initiative, referendum or recall petitions. [Formerly 246.510; 1967 c.228 §1; 1979 c.190 §2; 1991 c.719 §4; 1993 c.713 §27; 1999 c.824 §9; 2005 c.809 §46; 2007 c.570 §5] 246.025 Use of signature stamp by person with disability. (1) A person with a disability who is unable because of the disa- Title 23 Page 3 (2007 Edition)
  • 6. 246.046 ELECTIONS bility to sign any election document, includ- ing a voter registration card or ballot return envelope, may use a signature stamp or other indicator of the person′s signature, as speci- fied by the Secretary of State by rule, when- ever the signature of the person is required under any election law. (2) A person who desires to use a signa- ture stamp or other indicator of the person′s signature as described in subsection (1) of this section shall attest that the person needs to use the stamp or indicator due to a disability. The attestation shall be made at the time the person registers to vote or up- dates a registration and shall be made on a form designed and supplied by the Secretary of State. [1997 c.189 §2; 2007 c.154 §2] 246.030 [Repealed by 1957 c.608 §231] 246.035 [1965 c.527 §4; repealed by 1971 c.267 §16] 246.040 [Repealed by 1957 c.608 §231] 246.045 [1967 c.338 §§2,3; 1975 c.675 §2; 1979 c.190 §391; renumbered 260.705] 246.046 Secretary of State and county clerks to seek out evidence of violations. The Secretary of State and each county clerk shall diligently seek out any evidence of vio- lation of any election law. [Formerly 260.325] 246.050 [Repealed by 1957 c.608 §231] 246.055 [1973 c.154 §1; repealed by 1979 c.190 §431] 246.060 [Repealed by 1957 c.608 §231] 246.070 [Repealed by 1957 c.608 §231] 246.080 [Repealed by 1957 c.608 §231] 246.090 [Repealed by 1957 c.608 §231] 246.100 [Repealed by 1957 c.608 §231] SECRETARY OF STATE 246.110 Secretary of State as chief elections officer. The Secretary of State is the chief elections officer of this state, and it is the secretary′s responsibility to obtain and maintain uniformity in the application, operation and interpretation of the election laws. [1957 c.608 §2; 1979 c.190 §5; 1995 c.607 §1] 246.120 Directives, instructions and assistance to county clerks. In carrying out the responsibility under ORS 246.110, the Secretary of State shall prepare and distrib- ute to each county clerk detailed and com- prehensive written directives, and shall assist, advise and instruct each county clerk, on registration of electors and election pro- cedures which are under the direction and control of the county clerk. The directives and instructions shall include relevant sam- ple forms of ballots, documents, records and other materials and supplies required by the election laws. A county clerk affected thereby shall comply with the directives or instructions. [1957 c.608 §3; 1965 c.464 §1; 1979 c.190 §6] 246.130 [1957 c.608 §4; repealed by 1979 c.190 §431] 246.140 Election law conferences for county clerks. (1) In carrying out the re- sponsibility under ORS 246.110, the Secretary of State, not later than December 31 follow- ing the date of adjournment of the regular session of the Legislative Assembly, shall or- ganize and conduct at convenient places and times in this state at least three conferences on the administration of the election laws. (2) The Secretary of State shall give written notice of the place and time of each conference to each county clerk. (3) Each county clerk or designated dep- uty shall attend at least one of the confer- ences and shall comply with the instructions given under the authority of the Secretary of State at each conference the county clerk or deputy attends. [1957 c.608 §5; 1959 c.263 §1; 1979 c.190 §7; 1983 c.567 §3; 1991 c.719 §19; 2001 c.965 §49] 246.150 Rules. The Secretary of State may adopt rules the secretary considers nec- essary to facilitate and assist in achieving and maintaining a maximum degree of cor- rectness, impartiality and efficiency in ad- ministration of the election laws. [1957 c.608 §8; 1979 c.190 §8; 1985 c.448 §1] 246.160 Compilations and digests of election laws; distribution of supplies and materials to county clerks and others. The Secretary of State shall: (1) Prepare and print, in appropriate and convenient form, periodic compilations and digests of the state election statutes. (2) Distribute in appropriate quantities to the county clerks for use by the county clerks copies of the compilations and digests and any supplies and materials necessary to the conduct of elections as the Secretary of State considers appropriate. (3) Make the compilations and digests available for distribution, free or at cost, to interested persons. [1957 c.608 §125; 1963 c.455 §1; part renumbered 246.170; 1979 c.190 §9; 1991 c.719 §46; 2007 c.154 §3] 246.170 Deposit of moneys received under ORS 246.160 in Secretary of State Miscellaneous Receipts Account. All mon- eys received by the Secretary of State under ORS 246.160 shall be deposited into the Sec- retary of State Miscellaneous Receipts Ac- count established under ORS 279A.290. All moneys received by the Secretary of State under ORS 246.160 and deposited in the ac- count are appropriated continuously to the Secretary of State for the payment of ex- penses incurred in performing the functions described in ORS 246.160. [Formerly part of 246.160; 1973 c.162 §3; 1979 c.190 §10; 1995 c.144 §7; 2003 c.794 §220] Title 23 Page 4 (2007 Edition)
  • 7. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.210 246.179 Reimbursement of county clerk for special elections for United States Senator or Representative and for recall elections involving state office. (1) Notwithstanding ORS 246.250, the Secretary of State shall reimburse each county clerk for necessary expenses of an election de- scribed in subsection (2) of this section based on a claim filed by the county clerk and ap- proved by the Secretary of State. The claim shall be made on a form designed by the Secretary of State. The Secretary of State shall make the reimbursement from funds made available to the Secretary of State by the Emergency Board. (2) The Secretary of State shall reim- burse each county clerk for necessary ex- penses of: (a) A special primary election or a spe- cial election to fill a vacancy in the election or office of United States Senator or Repre- sentative in Congress held on a date other than the date of the primary election or the general election; or (b) A recall election involving the holder of a state office. As used in this subsection, “state office” has the meaning given that term in ORS 249.002. [1983 c.567 §2; 1987 c.267 §2; 1993 c.194 §§1,2; 1995 c.712 §2] 246.180 [1973 c.283 §9; 1979 c.190 §98; renumbered 249.009] 246.185 Elections Fund. (1) The Elec- tions Fund is established separate and dis- tinct from the General Fund of the State Treasury. Moneys in the Elections Fund may be invested as provided in ORS 293.701 to 293.820. Interest earned by the Elections Fund and the earnings of any investments shall be credited to the fund. (2) The Elections Fund consists of: (a) Amounts appropriated or otherwise made available by the Legislative Assembly or this state for carrying out the activities for which payments are made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252); (b) Payments made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252); (c) Other amounts as may be appropri- ated by law; and (d) Interest earned on deposits in the fund. (3) Moneys deposited to the credit of the Elections Fund are continuously appropri- ated to the Secretary of State for the purpose of paying the expenses of carrying out the activities for which payments are made to this state under the federal Help America Vote Act of 2002 (P.L. 107-252). [2003 c.64 §2; 2005 c.797 §70] 246.190 Help America Vote Act com- plaint procedures; rules. (1) The Secretary of State by rule shall establish administrative complaint procedures that meet the require- ments of the federal Help America Vote Act of 2002 (P.L. 107-252). (2) Complaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) must be filed as provided in rules adopted under this section. Com- plaints alleging violations of Title III of the federal Help America Vote Act of 2002 (P.L. 107-252) may not be filed under ORS 260.345. [2003 c.64 §7] COUNTY CLERK 246.200 County clerk to conduct elec- tions; exceptions. (1) Except as otherwise provided by law, the county clerk is the only elections officer who may conduct an election in this state. For purposes of this section, the conduct of an election includes, but is not limited to, establishing precincts, preparing ballots and sample ballots, and re- ceiving and processing votes. (2) Notwithstanding subsection (1) of this section: (a) The county clerk is not the only elections officer who may accept and verify a filing for nomination or filing of a petition, prepare a voters′ pamphlet or ballot title, or prepare or publish an election notice; and (b) The Secretary of State may receive ballots as provided in ORS 253.585. [1979 c.317 §1; 1983 c.350 §63a; 1987 c.535 §1; 2003 c.64 §3; 2007 c.154 §4] 246.210 County clerk to supervise local elections officials. (1) Subject to the direc- tives and instructions prepared and distrib- uted or given by the Secretary of State under ORS 246.120 or 246.140, a county clerk may exercise general supervision of administra- tion of election laws by each local elections official in the county for the purpose of achieving and maintaining a maximum de- gree of correctness, impartiality, efficiency and uniformity in the administration by local elections officials. In this regard the county clerk may assist local elections officials in answering questions concerning the proper administration of election laws. (2) If under this section two or more county clerks exercise general supervision of the same local elections official, the county clerks shall cooperate and coordinate to in- sure uniformity of general supervision. [1957 c.608 §9; 1979 c.190 §11; 1985 c.448 §2] 246.220 [1957 c.608 §10; 1979 c.190 §12; repealed by 1985 c.448 §5] 246.230 [1957 c.608 §11; 1965 c.527 §1; 1971 c.660 §1; 1975 c.675 §3; 1979 c.190 §13; repealed by 1985 c.448 §5] 246.235 [1965 c.527 §3; repealed by 1979 c.190 §431] 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 when city boundary changed. If the boundary of a city is changed, the city gov- erning body immediately shall send a certi- fied copy of the order, resolution or other action changing the boundary to the county clerk of each county in which the city is lo- cated. [1979 c.190 §14] 246.250 Personnel; equipment, materi- als and facilities; payment of expenses; administering oaths. (1) The county clerk may employ personnel and procure equip- ment, supplies, materials, books, papers, re- cords and facilities of every kind as the clerk considers necessary to facilitate and assist in administering the election laws. (2) The necessary expenses incurred by the county clerk in administering the election laws shall be allowed by the county governing body and paid out of the county treasury. (3) The county clerk and deputies may administer oaths and affirmations in con- nection with the performance of their func- tions in administering the election laws. [1957 c.608 §14; 1979 c.190 §15; 2007 c.154 §5] 246.260 [1957 c.608 §15; repealed by 1979 c.190 §431] 246.265 [1977 c.829 §12; repealed by 1979 c.190 §431] 246.270 Office hours of county clerk on election days. On the day of any primary election, general election or special election held throughout the county, the county clerk′s office shall remain open for business pertaining to the election from 7 a.m. to 8 p.m. of the same day. [1957 c.608 §18; 1979 c.190 §16; 1987 c.267 §3; 1995 c.712 §3; 1999 c.410 §3; 1999 c.999 §29] 246.300 [1957 c.608 §17; repealed by 1975 c.675 §36] 246.310 [1957 c.608 §22; 1959 c.317 §1; 1963 c.37 §1; 1963 c.159 §1; 1975 c.675 §4a; 1979 c.190 §17; 1983 c.514 §2; 1985 c.471 §1; 1991 c.69 §1; 1995 c.712 §4; 2005 c.797 §53; repealed by 2007 c.154 §67] 246.320 [1957 c.608 §23; 1979 c.190 §18; 1993 c.797 §20; repealed by 2007 c.154 §67] 246.330 [1957 c.608 §24; 1973 c.588 §1; 1975 c.675 §5; 1975 c.678 §3; 1979 c.190 §19; 1979 c.519 §1a; 1995 c.607 §2; repealed by 2007 c.154 §67] 246.335 [1979 c.749 §2 (enacted in lieu of 246.340); 1991 c.719 §20; repealed by 2007 c.154 §67] 246.340 [1957 c.608 §25; 1959 c.89 §1; 1979 c.190 §20; repealed by 1979 c.749 §1 (246.335 enacted in lieu of 246.340)] 246.350 [1975 c.678 §1; repealed by 1979 c.190 §431] PRECINCTS 246.410 Establishment and modifica- tion of precincts; maximum number of electors in precinct. The county clerk, not later than the 30th day before an election, may create, combine or divide one or more precincts. The number of electors to be in- cluded in a precinct shall not exceed 5,000. The county clerk shall fix the boundaries of the precincts and designate the precincts by numbers or names. [1957 c.608 §20; 1959 c.317 §2; 1965 c.109 §1; 1973 c.662 §1; 1977 c.301 §5; 1979 c.190 §21; 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] 246.420 [1957 c.608 §21; 1961 c.49 §1; 1961 c.174 §1; 1975 c.675 §6; 1977 c.179 §1; 1979 c.190 §22; 1989 c.224 §36; 1993 c.503 §11; 1999 c.410 §5; repealed by 2007 c.154 §67] 246.510 [1955 c.246 §1; renumbered 246.021] VOTE RECORDING SYSTEMS 246.520 Applicable laws; conflicting laws and ordinances inapplicable. All the provisions of the election laws and of any county or city charter or ordinance not in- consistent with ORS 246.520 to 246.600 apply to elections where voting machines or vote tally systems are used. Any provision of law or of any county or city charter or ordinance which conflicts with the use of voting ma- chines or vote tally systems as provided in ORS 246.520 to 246.600 does not apply to elections in which voting machines or vote tally systems are used. [Formerly 258.025] 246.530 Adoption, purchase or pro- curement of equipment; use thereafter. A governing body may adopt, purchase or otherwise procure, and provide for the use of, any voting machine or vote tally system approved by the Secretary of State in all or a portion of the precincts. Thereafter the voting machine or vote tally system may be used for voting at all elections for public and party offices and on all measures, and for receiving, registering and counting the votes in the precincts as the governing body di- rects. [Formerly 258.045] 246.540 Joint purchase, maintenance and use. (1) In purchasing voting machines or vote tally systems, a governing body of any county and the governing bodies of any incorporated cities, districts or other munic- ipalities in the county, may provide for the joint purchase and subsequent ownership of voting machines or vote tally systems and for the care, maintenance and use of the ma- chines or systems. (2) The governing body of two or more counties may provide for the joint use of voting machines or vote tally systems. [Formerly 258.105] 246.550 Examination and approval of equipment by Secretary of State. (1) The Secretary of State shall publicly examine all makes of voting machines or vote tally sys- tems submitted to the secretary and deter- mine whether the machines or systems comply with the requirements of ORS 246.560, and can safely be used by electors. (2) Any person owning or interested in a voting machine or vote tally system may submit it to the secretary for examination. For the purpose of assistance in examining the machine or system the secretary may Title 23 Page 6 (2007 Edition)
  • 9. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.565 employ not more than three individuals who are expert in one or more of the fields of data processing, mechanical engineering and public administration. The compensation of these assistants shall be paid by the person submitting the machine or system. (3) Not later than the 30th day after completing the examination, the secretary shall approve or reject the voting machine or vote tally system. If the secretary ap- proves the machine or system, the secretary shall make a report on the machine or sys- tem, together with a written or printed de- scription, drawings and photographs clearly identifying the machine or system and its operation. Upon request, the secretary shall send a copy of the report to any governing body within the state. (4) Any voting machine or vote tally sys- tem approved by the secretary may be used for conducting elections. A machine or sys- tem rejected by the secretary may not be used at any election. If a machine or system is changed after the machine or system has been approved by the secretary, the secretary is not required to reexamine or reapprove the machine or system if the secretary de- termines that the change does not impair the accuracy, efficiency or capacity of the ma- chine or system. (5) If, after consulting with county clerks, the secretary determines that a vot- ing machine or vote tally system approved by the secretary does not comply with the requirements of ORS 246.560, the secretary may revoke the approval. If the secretary re- vokes approval, the machine or system may not be used in any election. [Formerly 258.155; 2005 c.731 §2; 2005 c.797 §65] 246.560 Requirements for approval of equipment. (1) A voting machine may not be approved by the Secretary of State unless the voting machine is constructed so that it: (a) Secures to the elector secrecy of vot- ing. (b) Provides facilities for voting for the candidates of as many political parties or or- ganizations as may make nominations and for or against as many measures as may be submitted. (c) Permits the elector to vote for any person and as many persons for an office and upon any measure for which the elector has the right to vote. (d) Permits the elector, except at a pri- mary election, to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties. (e) Correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure. (f) Provides that a vote for more than one candidate cannot be cast by one single oper- ation of the voting machine or vote tally system except for President and Vice Presi- dent and electors for those offices. (g) Provides that straight party pointers shall be disconnected from all candidate pointers. (h) Contains a device that will duplicate the votes cast by each elector onto a paper record copy. (i) Contains a device that will allow each elector to view the elector′s paper record copy while preventing the elector from di- rectly handling the paper record copy. (2) A vote tally system shall be: (a) Capable of correctly counting votes on ballots on which the proper number of votes have been marked for any office or measure that has been voted. (b) Capable of ignoring the votes marked for any office or measure if more than the allowable number of votes have been marked, but shall correctly count the properly voted portions of the ballot. (c) Capable of accumulating a count of the specific number of ballots tallied for a precinct, accumulating total votes by candi- date for each office, and accumulating total votes for and against each measure of the ballots tallied for a precinct. (d) Capable of tallying votes from ballots of different political parties, from the same precinct, in a primary election. (e) Capable of accommodating the proce- dure established under ORS 254.155. (f) Capable of automatically producing precinct totals in either printed, marked, or punched form, or combinations thereof. [Formerly 258.165; 1987 c.267 §6; 1993 c.713 §47; 1995 c.712 §6; 1999 c.999 §31; 2005 c.731 §3; 2005 c.797 §66] 246.565 Audit of computerized voting system by Secretary of State; copy of in- structions for operation and mainte- nance; maintenance log. (1) Any voting machine or vote tally system involving the use of computers, a computer network, com- puter program, computer software or com- puter system shall be subject to audit by the Secretary of State at any time for the pur- pose of checking the accuracy of the voting machine or vote tally system. (2) The county clerk shall obtain a copy of the written instructions for the operation and maintenance of any component of a vote tally system described in subsection (1) of this section. The clerk shall obtain the copy from the manufacturer or vendor of any 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 all maintenance performed on any component of a vote tally system after the component is purchased and installed. The county clerk shall distinguish maintenance performed during the period that occurs after the pre- paratory test conducted under ORS 254.235 (1) and before the public certification test conducted under ORS 254.525. (4) As used in this section: (a) “Computer” means, but is not limited to, an electronic device that performs logical, arithmetic or memory functions by the ma- nipulations of electronic or magnetic im- pulses and includes all input, output, processing, storage, software or communica- tion facilities that are connected or related to such a device in a system or network. (b) “Computer network” means, but is not limited to, the interconnection of com- munication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers. (c) “Computer program” means, but is not limited to, a series of instructions or statements, in a form acceptable to a com- puter, that permits the functioning of a com- puter system in a manner designed to provide appropriate products from the computer sys- tem. (d) “Computer software” means, but is not limited to, computer programs, proce- dures and associated documentation con- cerned with the operation of a computer system. (e) “Computer system” means, but is not limited to, a set of related, connected or un- connected computer equipment, devices and software. [1989 c.959 §2; 2001 c.965 §25; 2007 c.71 §77] 246.570 Sale of vote recording systems to counties; security interest. (1) The Sec- retary of State may enter into an agreement, for a term of not more than five years, with any county within the state for the sale to the county of approved voting machines or vote tally systems or computers or computer systems described in ORS 246.590. The agreement shall include a provision creating a security interest for the Secretary of State in the voting machines or vote tally systems or computers or computer systems. The se- curity interest shall not be released until the sale is completed and the terms of the sale agreement are satisfied. (2) The Secretary of State on having en- tered into an agreement with a county may purchase the necessary voting machines or vote tally systems or computers or computer systems using money made available under the provisions of ORS 246.590. [Formerly 258.405; 1995 c.144 §15] 246.580 Content of vote recording sys- tem sale agreement. The sale agreement shall provide for: (1) Annual payments of not less than 20 percent of the cost of the voting machines or vote tally systems or computers or com- puter systems, plus interest, payable on or before December 15. (2) Payment by the county of mainte- nance, supplies, storage and transportation costs of the voting machines or vote tally systems or computers or computer systems. [Formerly 258.415; 1985 c.808 §1; 1995 c.144 §16] 246.590 Loans from State Treasurer for purchase of voting equipment or computers; Voting Machine Account. (1) The State Treasurer, in the capacity of in- vestment officer for the Oregon Investment Council, may lend moneys in the investment funds as provided in ORS 293.701 to 293.820 for the acquisition of: (a) The voting machines or vote tally systems that the Secretary of State has con- tracted to sell to a county. (b) Computers or computer systems for the purpose of maintaining and updating elector registration files or for establishing cross-county elector registration files, in- cluding those that the Secretary of State has contracted to sell to a county. (2) The Voting Machine Account is es- tablished in the General Fund. The account consists of moneys lent to the Secretary of State under this section and payments col- lected from counties under ORS 246.600. Moneys in the account are continuously ap- propriated to the secretary for: (a) The purchase of voting machines or vote tally systems or computers or computer systems described in subsection (1) of this section; and (b) Repayment of moneys lent under this section, plus interest. (3) Moneys lent under this section shall be repaid within five years together with in- terest at a rate agreed upon by the State Treasurer and the Secretary of State. [Formerly 258.425; 1993 c.713 §62; 1995 c.144 §17; 2005 c.755 §6] 246.600 Deposits in Voting Machine Account; repayment to State Treasurer. All payments collected from the counties from the sale of voting machines, computers or vote tally or computer systems shall be deposited in the Voting Machine Account. An amount of money equal to the amount of payments collected from the counties from the sale of voting machines, computers or vote tally or computer systems during the Title 23 Page 8 (2007 Edition)
  • 11. ELECTION LAWS; VOTE RECORDING SYSTEMS 246.910 calendar year, plus interest at a rate agreed upon by the State Treasurer and the Secre- tary of State, shall be paid to the State Treasurer as the repayment of money ad- vanced for the acquisition of voting ma- chines, computers or vote tally or computer systems. Payment shall be made to the State Treasurer not later than December 31 of each year. [Formerly 258.435; 1995 c.144 §18] 246.610 [Formerly 258.445; 1995 c.144 §19; repealed by 2005 c.755 §59] 246.810 [1957 c.608 §6; 1979 c.190 §35; repealed by 1985 c.448 §5] COMPELLING OFFICERS, OFFICIALS TO PERFORM DUTIES 246.820 Order to compel county clerk, city elections officer or elections official to comply with interpretation, rule, di- rective or instruction. (1) Whenever it ap- pears to the Secretary of State that a county clerk, city elections officer or a local elec- tions official has failed to comply with an interpretation of any election law made by the Secretary of State under ORS 246.110 or has failed to comply with a rule, directive or instruction made by the Secretary of State under ORS 246.120, 246.140 or 246.150, the Secretary of State may apply to the appro- priate circuit court for an order to compel the county clerk, city elections officer or lo- cal elections official to comply. (2) The court shall dispose of the matter under subsection (1) of this section as soon as possible, but in any case not later than the fifth day after the Secretary of State ap- plies for an order. (3) The remedy provided in this section is cumulative and does not exclude any other remedy against a county clerk, city elections officer or local elections official who fails to comply with an interpretation of any election law or the rule, directive or instruction. [1957 c.608 §7; 1979 c.190 §36; 1985 c.448 §3; 1995 c.607 §9] 246.830 [1957 c.608 §13; 1979 c.190 §37; repealed by 1985 c.448 §5] APPEALS FROM OFFICERS, OFFICIALS 246.910 Appeal from Secretary of State, county clerk or other elections of- ficial to courts; deadline for filing. (1) A person adversely affected by any act or fail- ure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, or by any order, rule, directive or instruction made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law, may appeal there- from to the circuit court for the county in which the act or failure to act occurred or in which the order, rule, directive or in- struction was made. (2) An appeal described in subsection (1) of this section of an order of the Secretary of State approving or disapproving a state initiative petition for circulation for the pur- pose of obtaining signatures of electors must be filed within 60 days following the date the order is served. (3) Any party to the appeal proceedings in the circuit court under subsection (1) of this section may appeal from the decision of the circuit court to the Court of Appeals. (4) The circuit courts and Court of Ap- peals, in their discretion, may give preced- ence on their dockets to appeals under this section as the circumstances may require. (5) The remedy provided in this section is cumulative and does not exclude any other remedy against any act or failure to act by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law or against any order, rule, directive or instruc- tion made by the Secretary of State, a county clerk, a city elections officer or any other county, city or district official under any election law. [1957 c.608 §19; 1975 c.227 §2; 1979 c.190 §38; 1983 c.514 §3; 1995 c.607 §10; 2005 c.797 §26] 246.990 [Repealed by 1957 c.608 §231] 246.991 [1967 c.338 §4; 1975 c.675 §7; repealed by 1979 c.190 §431] Title 23 Page 9 (2007 Edition)
  • 12. ELECTIONS Title 23 Page 10 (2007 Edition)
  • 13. Chapter 247 2007 EDITION Qualification and Registration of Electors GENERAL PROVISIONS 247.002 Definitions 247.005 Policy 247.007 When ballot considered legally cast; when vote counted; prohibition on voting more than once in same election REGISTRATION 247.009 Qualification to vote in political subdivi- sion 247.012 Method of registering or updating a reg- istration; when registration occurs; mini- mum registration information required; effect of missing registration information; registration locations 247.013 Where person considered registered; change of residence address between counties; registration updates; when reg- istration considered active or inactive 247.014 Transfer of voter registration information by Department of Transportation 247.015 Other registration procedures 247.016 Registration of person who is 17 years of age 247.017 Voter registration at certain Department of Transportation offices; rules 247.025 Registration deadline 247.035 Rules to consider in determining resi- dence of person for voting purposes 247.038 Registration of person who is homeless or resides in identifiable location 247.125 Alteration of registration card prohibited; exceptions 247.171 State and federal voter registration cards; Secretary of State approval of voter reg- istration application forms of voter regis- tration agencies; content of voter registration cards 247.174 Determining if person qualified to register or update registration; hearing 247.176 Request for delivery of registration card; rules 247.178 Distribution of registration cards 247.181 Memorandum card 247.191 Correction of registration and memoran- dum cards when precinct boundaries changed 247.195 Inquiry into validity of registration; hear- ing; cancellation 247.203 Change, termination or adoption of party affiliation before primary election 247.208 Voter registration agencies; designation; prohibited activities; required services UPDATING REGISTRATION 247.290 Registration update requirement; proce- dure; exceptions 247.292 Update of registration of elector changing residence within county; procedure 247.296 Verification of addresses of electors; up- date of registration; notice; cancellation prohibited during certain periods 247.298 Extension of time for automatic updates under ORS 247.292 247.302 Effective date of registration automat- ically updated by county clerk 247.303 Deadline for updating registration 247.307 Issuance of ballot to elector who updates registration after registration deadline ELIGIBILITY IN PRESIDENTIAL ELECTIONS 247.410 Eligibility to vote for President or Vice President, or electors, only 247.420 Special ballot for voting under ORS 247.410 247.435 Eligibility of elector who moves to an- other state to vote in presidential elec- tions REMOVAL OF NAMES FROM REGISTER OF ELECTORS 247.555 Cancellation of registration 247.563 Notice to elector whose registration ap- pears invalid; contents; effect of notice; exceptions 247.570 Notice of deaths to Secretary of State and county clerk; effect of notice 247.580 County clerk to retain notices or elector listings for two years LISTS OF ELECTORS 247.940 List of active electors; delivery without charge to political parties 247.945 List of county or statewide electors; de- livery to any person; charges 247.955 Use of lists of electors for commercial purposes prohibited; exceptions DISCLOSURE OF RESIDENCE ADDRESS OR SIGNATURE OF ELECTORS 247.965 When residence address of elector exempt from disclosure as public record; request for exemption 247.967 Conditions where disclosure of elector′s residence address required; procedure; ex- ception 247.969 Definition of “personal safety” for pur- poses of ORS 247.965; rules 247.973 Status of signature on voter registration card as public record; copies of signature prohibited; voter registration documents or information exempt from disclosure Title 23 Page 11 (2007 Edition)
  • 14. ELECTIONS Title 23 Page 12 (2007 Edition)
  • 15. QUALIFICATION AND REGISTRATION OF ELECTORS 247.012 GENERAL PROVISIONS 247.002 Definitions. As used in this chapter: (1) “County clerk” means the county clerk or the county official in charge of elections. (2) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (3) “Registration card” means a state voter registration card approved by the Sec- retary of State under ORS 247.171, a federal voter registration application form prescribed by the Federal Election Commission pursu- ant to the National Voter Registration Act of 1993 (P.L. 103-31) or the voter registration portion of an application described in ORS 247.017. [1979 c.190 §39; 1993 c.713 §1] 247.005 Policy. It is the policy of this state that all election laws and procedures shall be established and construed to assist the elector in the exercise of the right of franchise. [1969 c.337 §3; 1979 c.190 §40] 247.007 When ballot considered legally cast; when vote counted; prohibition on voting more than once in same election. (1) A ballot shall be considered legally cast if the person casting the ballot is an elector at the time the ballot is cast. (2) A vote for a particular candidate or on a measure shall be counted if the elector is qualified to vote for the particular candi- date or on the measure. (3) If an elector has voted in any election, the elector may not register or up- date a registration and vote in any election held on the same date. [1989 c.175 §2; 1993 c.713 §2] 247.008 [1979 c.559 §2; 1983 c.567 §4; repealed by 1987 c.719 §17 and 1987 c.733 §13] REGISTRATION 247.009 Qualification to vote in poli- tical subdivision. Unless specifically pro- vided otherwise, a person may vote in an election of a political subdivision of this state only if the person is an elector regis- tered in the political subdivision. [1983 c.83 §2] 247.010 [Repealed by 1957 c.608 §231] 247.011 [1957 c.608 §28; 1959 c.277 §1; 1975 c.678 §4; repealed by 1977 c.168 §6] 247.012 Method of registering or up- dating a registration; when registration occurs; minimum registration informa- tion required; effect of missing registra- tion information; registration locations. (1) A qualified person may register to vote or update a registration to vote by: (a) Delivering by mail or otherwise a completed registration card to any county clerk, the Secretary of State, any office of the Department of Transportation or any designated voter registration agency as de- scribed in ORS 247.208; (b) Personally delivering the card to an official designated by a county clerk under subsection (7) of this section; or (c) Completing the voter registration portion of the application for issuance or re- newal of a driver license, issuance of a state identification card under ORS 807.400 or a change of address at an office of the Depart- ment of Transportation under ORS 247.017. (2) If a registration card is mailed or de- livered to: (a) Any person other than a county clerk or the Secretary of State, the person shall forward the card to a county clerk or the Secretary of State not later than the fifth day after receiving the card; or (b) The Secretary of State or a county clerk for a county other than the county in which the person applying for registration resides, the Secretary of State or county clerk shall forward the card to the county clerk for the county in which the person re- sides not later than the fifth day after re- ceiving the card. (3) Registration of a qualified person oc- curs: (a) When a legible, accurate and com- plete registration card is received in the of- fice of any county clerk, the Office of the Secretary of State, an office of the Depart- ment of Transportation, a designated voter registration agency under ORS 247.208 or at a location designated by a county clerk un- der subsection (7) of this section; (b) On the date a registration card is postmarked if the card is received after the 21st day immediately preceding an election but is postmarked not later than the 21st day immediately preceding the election; or (c) In the case of a registration card missing a date of birth, containing an in- complete date of birth or containing an un- intentional scrivener′s error that is supplied or corrected as described in subsection (4) or (6) of this section, on the date that registra- tion would have occurred if the registration card had not been missing the date of birth, contained an incomplete date of birth or contained the scrivener′s error. (4) If a registration card is legible, accu- rate and contains, at a minimum, the regis- trant′s name, residence address, date of birth and signature, the county clerk shall register the person. If this information is missing from the registration card or the date of birth is incomplete, the county clerk shall attempt to contact the person to obtain the missing or incomplete information. The Title 23 Page 13 (2007 Edition)
  • 16. 247.013 ELECTIONS county clerk may supply the registrant′s date of birth from any previous registration of the registrant. (5) If a registration card meets the re- quirements of subsection (4) of this section but is missing an indication of political party affiliation, the registrant shall be considered not affiliated with any political party. This subsection does not apply if an elector is up- dating a registration within the same county. (6) If a registration card contains an un- intentional scrivener′s error, the county clerk may attempt to contact the person to correct the error. (7) A county clerk may appoint officials to accept registration of persons at desig- nated locations. The appointments and lo- cations shall be in writing and filed in the office of the county clerk. The county clerk shall be responsible for the performance of duties by those appointed. (8) A registration card received and ac- cepted under this section shall be considered an active registration. (9) A registration may be updated at any time. [1979 c.190 §41; 1985 c.808 §1a; 1989 c.20 §1; 1989 c.173 §5; 1989 c.979 §2; 1993 c.713 §6; 1995 c.742 §1; 1999 c.410 §6; 1999 c.824 §1] 247.013 Where person considered reg- istered; change of residence address be- tween counties; registration updates; when registration considered active or inactive. (1) A qualified person shall be considered registered to vote in a county when the person′s first registration in the county occurs as described in ORS 247.012. (2) An elector who changes residence ad- dress from the county in which the elector is registered to a different county within the state, in order to vote in an election, must be an elector registered in the county in which the new residence address of the elec- tor is located. (3) If there is a change in any informa- tion required for registration under this chapter, and the elector has not changed residence address to another county, the registration of the elector may be updated as provided in this chapter. (4) Notwithstanding subsections (2) and (3) of this section, if an elector changes resi- dence address from the county in which the elector is registered to a different county within the state, the elector need not regis- ter again if the registration of the elector is updated. (5) If the county clerk does not have evi- dence of a change in any information re- quired for registration under this chapter for an elector, the registration of the elector shall be considered active. (6) The registration of an elector shall be considered inactive if: (a) The county clerk has received evi- dence that there has been a change in the information required for registration under this chapter or the elector has neither voted nor updated the registration for a period of not less than five years; and (b) The county clerk has mailed the no- tice described in ORS 247.563. (7) The registration of an elector shall not be moved to an inactive file during the 60-day period prior to any election because the elector has neither voted nor updated the registration for a period of not less than five years. (8) The inactive registration of an elector must be updated before the elector may vote in an election. [1993 c.713 §8; 1999 c.410 §7; 1999 c.824 §2; 2001 c.965 §44] 247.014 Transfer of voter registration information by Department of Transpor- tation. In implementing ORS 247.012, 247.017 and 247.171, the Department of Transporta- tion shall take steps reasonably necessary to allow transfer of voter registration informa- tion by electronic or magnetic medium. [1991 c.940 §4] 247.015 Other registration procedures. (1) A qualified person absent from the state may register by mailing to the county clerk for the county in which the person resides a completed registration card or a signed statement containing the information re- quired on a registration card. (2) On written request from a qualified person who by physical incapacity cannot register in the office of the county clerk, the county clerk of the county in which the per- son resides shall send the person a registra- tion card or register the person at the person′s residence. (3) An otherwise qualified person who will become a United States citizen after the 21st calendar day immediately preceding an election may register before the 20th day be- fore the election. The county clerk of the county in which the person resides shall cancel the person′s registration before the election unless the person appears before the county clerk and provides evidence of citi- zenship. [1979 c.190 §42; 1979 c.507 §1a; 1989 c.20 §2; 1995 c.742 §18; 2001 c.965 §1; 2007 c.555 §3] 247.016 Registration of person who is 17 years of age. (1) Subject to subsection (2) of this section, an otherwise qualified person who is at least 17 years of age may register to vote. (2) A person who registers to vote under subsection (1) of this section may not vote in an election until the person attains the age 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 Department of Transportation offices; rules. (1) The Department of Transportation shall make a voter registration card avail- able to any person at any office of the de- partment where licenses or renewal applications are distributed or received. (2) When a person who is at least 17 years of age applies for issuance or renewal of an Oregon driver license, as defined in ORS 801.245, or issuance of a state identifi- cation card under ORS 807.400 or submits a change of address application form at a de- partment office where driver license issuance or renewal applications, state identification card applications or change of address appli- cations are distributed or received, depart- ment personnel shall inform the person that the person may register to vote at the de- partment office. Department personnel shall ask the applicant whether the applicant is registered to vote at the applicant′s current address and if not, whether the applicant would like to register to vote at the depart- ment office. (3) Each office shall deliver in a timely manner the completed voter registration cards to the county clerk or elections officer of the county in which the office is located. The county clerk or elections officer of the county where the office is located shall for- ward the registration card to the county clerk or elections officer of the county in which the applicant resides. The county clerk or elections officer may reject any reg- istration card in accordance with ORS 247.174. The Secretary of State shall deter- mine by rule the time and manner the com- pleted registration cards are to be delivered to the appropriate county clerk or elections officer. (4) The department shall develop a driver license issuance or renewal and voter regis- tration application procedure and a state identification card issuance and voter regis- tration application procedure and a change of address and voter registration application procedure that allows an applicant for a li- cense, renewal, state identification card or change of address to register to vote by pro- viding the information required by ORS 247.171 and the information required for the issuance or renewal of a license or for issu- ance of a state identification card. The Sec- retary of State shall approve the voter registration portion of each application pro- cedure and change of address procedure. (5) The voter registration portion of an application described in subsection (4) of this section shall comply with provisions of the National Voter Registration Act of 1993 (P.L. 103-31). (6) The Secretary of State shall adopt rules establishing procedures for meeting the requirements of subsection (3) of this section. (7) Information relating to the failure of an applicant under this section to sign the voter registration portion of an application for issuance or renewal of a driver license, issuance of a state identification card or for a change of address may not be used for other than voter registration purposes. [Formerly 802.090; 1995 c.742 §2; 2007 c.555 §4] 247.020 [Amended by 1955 c.695 §1; repealed by 1957 c.608 §231] 247.025 Registration deadline. To vote in an election: (1) A person′s registration card must be received at an office or location described in ORS 247.012 not later than the time the of- fice or location closes for business on the 21st day immediately preceding the election, but in no case later than midnight of the 21st day immediately preceding the election; or (2) A person′s registration card must be postmarked not later than the 21st day im- mediately preceding the election. [1979 c.190 §43; 1985 c.833 §1; 1987 c.719 §9; 1987 c.733 §1; 1993 c.713 §7; 1999 c.410 §8] 247.028 [1979 c.190 §44; 1981 c.173 §11; repealed by 1999 c.410 §67] 247.030 [Amended by 1955 c.695 §2; repealed by 1957 c.608 §231] 247.031 [1957 c.608 §29; 1975 c.678 §5; 1977 c.168 §2; repealed by 1979 c.190 §431] 247.035 Rules to consider in determin- ing residence of person for voting pur- poses. (1) An elections official, in determining the residence and qualifications of a person offering to register or vote, shall consider the following rules, so far as they may be applicable: (a) The person′s residence shall be the place in which habitation is fixed and to which, when the person is absent, the person intends to return. (b) If a person′s property is split by a ju- risdictional line, the person shall be regis- tered where the residence is located. If the residence is split by a jurisdictional line, the person shall register where the greatest value of the residence is located according to county assessment and taxation records. (c) A person shall not be considered to have gained a residence in any location in this state into which the person comes for temporary purposes only, without the inten- tion of making it the person′s home. (d) If a person moves to another state with the intention of making a permanent home, the person shall be considered to have lost residence in this state. (e) If a person goes from this state into any other state or territory and votes there, Title 23 Page 15 (2007 Edition)
  • 18. 247.038 ELECTIONS the person shall be considered to have lost residence in this state. (f) A person who has left the place of the person′s residence for a temporary purpose only shall not be considered to have lost residence. (2) Notwithstanding subsection (1) of this section, a person who has left the place of the person′s residence for a temporary pur- pose only, who has not established another residence for voter registration purposes and who does not have a place in which habitation is fixed shall not be considered to have changed or lost residence. The person may register at the address of the place the person′s residence was located before the person left. (3) An elections official may consider, but is not limited to considering, the following factors in determining residency of a person for voter registration purposes: (a) Where the person receives personal mail; (b) Where the person is licensed to drive; (c) Where the person registers motor ve- hicles for personal use; (d) Where any immediate family members of the person reside; (e) The address from which the person pays for utility services; and (f) The address from which the person files any federal or state income tax returns. [Formerly 250.410; 1995 c.214 §1] 247.038 Registration of person who is homeless or resides in identifiable lo- cation. (1) A qualified person who is home- less or resides in a shelter, park, motor home, marina or other identifiable location may not be denied the opportunity to register to vote. (2) For purposes of this chapter: (a) The residence address of a person who is homeless or resides in a shelter, park, motor home, marina or other identifiable lo- cation may be any place within the county describing the physical location of the per- son; and (b) The mailing address of a person who is homeless or resides in a shelter, park, motor home, marina or other identifiable lo- cation may be the office of the county clerk. [1993 c.493 §104; 2007 c.553 §1] 247.040 [Repealed by 1957 c.608 §231] 247.045 [1975 c.678 §7; 1977 c.163 §4; 1979 c.507 §1b; 1979 c.519 §2; renumbered 247.178] 247.050 [Repealed by 1957 c.608 §231] 247.060 [Repealed by 1957 c.608 §231] 247.070 [1957 c.608 §30; 1973 c.827 §24; 1975 c.678 §8; 1977 c.829 §3; repealed by 1979 c.190 §431] 247.080 [Repealed by 1957 c.608 §231] 247.090 [Repealed by 1957 c.608 §231] 247.100 [Repealed by 1977 c.508 §15] 247.110 [Repealed by 1957 c.608 §231] 247.111 [1957 c.608 §33; 1959 c.274 §1; 1971 c.621 §30; 1975 c.678 §10; 1977 c.168 §3; repealed by 1979 c.190 §431] 247.120 [Amended by 1955 c.695 §3; repealed by 1957 c.608 §231] 247.121 [1957 c.608 §34; 1971 c.241 §1; 1973 c.841 §1; 1975 c.678 §11; 1977 c.352 §1; 1979 c.190 §46; 1979 c.519 §4a; 1985 c.833 §2; 1987 c.719 §10; 1987 c.733 §2; 1993 c.713 §9; repealed by 1995 c.742 §20] 247.125 Alteration of registration card prohibited; exceptions. No person shall al- ter any information supplied on a registra- tion card except: (1) An elections officer in the perform- ance of official duties. (2) The person who fills out the registra- tion card for the purpose of registering to vote. [1985 c.808 §6] 247.130 [Repealed by 1957 c.608 §231] 247.131 [1957 c.608 §35; repealed by 1971 c.241 §10] 247.140 [Repealed by 1957 c.608 §231] 247.141 [1957 c.608 §37; 1979 c.190 §48; renumbered 247.174] 247.145 [1965 c.174 §3; 1969 c.337 §1; 1975 c.678 §13; 1977 c.829 §4; repealed by 1979 c.190 §431] 247.150 [Repealed by 1957 c.608 §231] 247.151 [1957 c.608 §31; 1961 c.65 §1; repealed by 1965 c.174 §1] 247.155 [1965 c.174 §4; repealed by 1977 c.829 §23] 247.160 [Repealed by 1957 c.608 §231] 247.161 [1957 c.608 §32; repealed by 1965 c.174 §1] 247.165 [1965 c.174 §§5,6,7; 1975 c.678 §15; 1977 c.352 §2; repealed by 1979 c.190 §431] 247.170 [Repealed by 1957 c.608 §231] 247.171 State and federal voter regis- tration cards; Secretary of State approval of voter registration application forms of voter registration agencies; content of voter registration cards. (1) Except as pro- vided in this subsection, the Secretary of State shall design, prepare and distribute state voter registration cards. The Secretary of State shall also distribute federal registra- tion cards. Any person may apply in writing to the Secretary of State for permission to print, copy or otherwise prepare and distrib- ute the registration cards designed by the Secretary of State. The secretary may revoke any permission granted under this subsection at any time. All registration cards shall be distributed to the public without charge. (2) The Secretary of State shall approve any voter registration application form de- veloped for use by the Department of Trans- portation under ORS 247.017 or by any other agency designated a voter registration agency under ORS 247.208. (3) Each voter registration card designed or approved by the Secretary of State shall describe the penalties for knowingly supply- Title 23 Page 16 (2007 Edition)
  • 19. QUALIFICATION AND REGISTRATION OF ELECTORS 247.181 ing false information on the registration card and shall contain space for a person to pro- vide the following information: (a) Full name; (b) Residence address, mailing address or any other information necessary to locate the residence of the person offering to regis- ter to vote; (c) The name of the political party with which the person is affiliated, if any; (d) Date of birth; (e) An indication that the person is a citizen of the United States; and (f) A signature attesting to the fact that the person is qualified to be an elector. (4) Any form containing a voter registra- tion card may also include space for a person to provide: (a) A telephone number where the person may be contacted; and (b) If previously registered to vote in this state, the name then supplied by the person and the county and, if known, the address of previous registration. (5) A person shall not supply any infor- mation under subsection (3) or (4) of this section knowing it to be false. (6) A county clerk or other person ac- cepting registration cards shall not request any information unless it is authorized by state or federal law. (7) A person shall attest to the informa- tion supplied on the voter registration card by signing the completed registration card. (8) Any completed and signed registration card described in subsection (3) of this sec- tion shall be the official registration card of 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 §4; 1985 c.833 §3; 1987 c.320 §150; 1987 c.719 §11; 1987 c.733 §3; 1989 c.20 §3; 1989 c.173 §1; 1989 c.979 §5; 1993 c.713 §10; 1995 c.742 §3] 247.174 Determining if person qualified to register or update registration; hear- ing. (1) The qualifications of any person who requests to be registered or to update a reg- istration shall be determined in the first in- stance by the county clerk or official designated by the county clerk to register persons as electors from the evidence pres- ent. (2) The county clerk or official desig- nated by the county clerk to register persons as electors may reject any registration or update of a registration if the clerk or offi- cial determines that the person is not quali- fied or that the registration card is illegible, inaccurate or incomplete. The clerk or offi- cial shall promptly notify the person of the rejection. (3) A person whose registration or update to a registration is rejected may apply to the county clerk not later than the 10th day af- ter the rejection for a hearing on the per- son′s qualifications to register or update the registration. Not later than the 10th day af- ter the date the county clerk receives the application, the clerk shall notify the appli- cant of the place and time of the hearing on the qualifications. The hearing shall be held not sooner than the second nor later than the 20th day after notice is given. At the hearing the applicant may present evidence of qualification. If the county clerk, upon the conclusion of the hearing, determines that the applicant is qualified, the county clerk shall register or update the registration of the applicant. [Formerly 247.141; 1983 c.83 §28; 1985 c.471 §2; 1985 c.833 §4; 1987 c.719 §12; 1987 c.733 §4; 1993 c.713 §11] 247.176 Request for delivery of regis- tration card; rules. (1) During the period extending from the 250th day before the pri- mary election to the date of the primary election and the period extending from the day after the primary election to the 250th day before the next primary election: (a) Any person may request delivery from the Secretary of State of not more than an aggregate total of 5,000 registration cards prepared under ORS 247.171; and (b) Upon receiving a request under this subsection, the Secretary of State shall de- liver to the person the number of registra- tion cards requested that does not exceed an aggregate total of 5,000. (2) The Secretary of State shall adopt rules describing when the Secretary of State will honor requests for delivery of more than 5,000 registration cards prepared under ORS 247.171. [1989 c.173 §7; 1995 c.712 §7] 247.178 Distribution of registration cards. Any person may distribute a registra- tion card in any reasonable manner that fa- cilitates elector registration, including but not limited to distribution of the card door to door. The card shall be available at any field office of the Department of Transporta- tion where applications for driver licenses or vehicle registrations are accepted and at any office of an agency designated a voter regis- tration agency under ORS 247.208. [Formerly 247.045; 1993 c.713 §12; 1993 c.741 §20] 247.180 [Repealed by 1957 c.608 §231] 247.181 Memorandum card. (1) The county clerk shall prepare and issue by non- forwardable mail to each elector a memoran- dum card of convenient size containing the name and residence address of the elector, the name or number of the precinct in which the elector resides and a brief statement of the circumstances under which the elector is required to register or update a registration. Title 23 Page 17 (2007 Edition)
  • 20. 247.191 ELECTIONS (2) When an elector registers or updates a registration, the county clerk shall issue the elector a new memorandum card by non- forwardable mail. (3) If an elector loses a memorandum card the elector may apply to the county clerk for a new card, and the county clerk shall issue the elector a new card by nonfor- wardable mail. [1957 c.608 §38; 1977 c.508 §1; 1979 c.190 §50; 1979 c.519 §6a; 1981 c.173 §12; 1993 c.713 §13; 1995 c.742 §4] 247.190 [Repealed by 1957 c.608 §231] 247.191 Correction of registration and memorandum cards when precinct boundaries changed. When changes in the boundaries of a precinct are made, the county clerk may alter the registration card of an elector to conform with the change, and shall issue by nonforwardable mail a written notice of the change and a new memorandum card to the elector. This re- quirement does not apply to a change of pre- cincts for special district or special elections. [1957 c.608 §39; 1975 c.675 §8; 1979 c.190 §51; 1979 c.519 §7a; 1985 c.808 §5; 1995 c.742 §5] 247.195 Inquiry into validity of regis- tration; hearing; cancellation. (1) The county clerk, at any time, may inquire into the validity of the registration of any elector. The county clerk shall mail a written state- ment to the elector that describes the nature of the inquiry and provides a suitable form for reply. (2) Not later than the 20th day after the date of mailing of the statement, the elector, in writing, may state that the information on the registration card is correct or may re- quest a change in the information on the card. Upon receipt of the statement or re- quest, the county clerk shall determine whether the information satisfies the inquiry. If the county clerk determines that the in- quiry has not been satisfied, the county clerk shall schedule a hearing and shall notify the elector of the place and time of the hearing. The hearing shall be held not sooner than the second nor later than the 20th day after notice is given. At the hearing, the elector may present evidence of qualification. If the county clerk, upon the conclusion of the hearing, determines that the elector′s regis- tration is not valid, the county clerk shall cancel the registration. [1981 c.173 §16; 1985 c.471 §3; 1989 c.503 §3; 1993 c.713 §14] 247.200 [Repealed by 1957 c.608 §231] 247.201 [1957 c.608 §45; 1971 c.241 §6; 1975 c.678 §17; 1977 c.168 §5; 1979 c.190 §53; 1983 c.514 §4; 1985 c.808 §7; repealed by 1987 c.719 §17 and 1987 c.733 §13] 247.203 Change, termination or adop- tion of party affiliation before primary election. An elector who updates a registra- tion during the period extending from the 20th day before a primary election to the date of the primary election may not, during that period: (1) Change the elector′s political party affiliation if the elector′s immediate past registration record shows the elector was or is registered as affiliated with a political party. (2) Terminate affiliation with a political party if the elector′s immediate past regis- tration record shows the elector was or is registered as affiliated with a political party. (3) Adopt a political party affiliation if the elector′s immediate past registration shows that the elector was not or is not registered as affiliated with a political party. [1987 c.719 §§5,22; 1989 c.965 §§1,2; 1993 c.713 §15; 1995 c.712 §8; 1995 c.755 §1; 1999 c.999 §32] 247.205 [1993 c.713 §34; renumbered 254.408 in 1995] 247.208 Voter registration agencies; designation; prohibited activities; re- quired services. (1) The Secretary of State by rule, in accordance with the requirements of the National Voter Registration Act of 1993 (P.L. 103-31), shall designate agencies as voter registration agencies. Agencies des- ignated may include state, county, city or district offices and federal and nongovern- mental offices with the agreement of the federal or nongovernmental offices. (2) Services required by the National Voter Registration Act of 1993 (P.L. 103-31) shall be made available in connection with any registration card at each voter registra- tion agency designated by the Secretary of State. (3) A person providing services referred to in subsection (2) of this section at a voter registration agency shall not: (a) Seek to influence the political prefer- ence or party registration of a person regis- tering to vote; (b) In accordance with provisions of the Oregon Constitution, display such political preference or party allegiance; (c) Make any statement to a person reg- istering to vote or take any action the pur- pose or effect of which is to discourage a person from registering to vote; (d) Make any statement to a person reg- istering to vote or take any action the pur- pose or effect of which is to lead the person to believe that a decision to register or not to register has any bearing on the availabil- ity of services or benefits; or (e) Seek to induce any person to register or vote in any particular manner. (4) Each state agency required to be des- ignated a voter registration agency under the National Voter Registration Act of 1993 (P.L. 103-31) shall, with each application for ser- vice or assistance and with each recertifica- Title 23 Page 18 (2007 Edition)
  • 21. QUALIFICATION AND REGISTRATION OF ELECTORS 247.296 tion, renewal or change of address form relating to the service or assistance: (a) Distribute a registration card, includ- ing all statements required under the Na- tional Voter Registration Act of 1993 (P.L. 103-31); and (b) Provide a form including other infor- mation required by the National Voter Reg- istration Act of 1993 (P.L. 103-31). (5) Information relating to a declination to register to vote in connection with an ap- plication made at an office described in sub- section (4) of this section shall not be used for any purpose other than voter registra- tion. (6) A completed registration card ac- cepted at a voter registration agency desig- nated under this section shall be delivered to a county clerk or the Secretary of State. [1993 c.713 §5] 247.210 [Repealed by 1957 c.608 §231] 247.211 [1957 c.608 §27; repealed by 1971 c.241 §10] 247.220 [Repealed by 1961 c.412 §5] 247.230 [Repealed by 1961 c.412 §5] 247.240 [Repealed by 1961 c.412 §5] 247.250 [1955 c.552 §1; repealed by 1957 c.608 §231] 247.251 [1957 c.608 §40; repealed by 1963 c.595 §1 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251)] 247.260 [1955 c.552 §2; repealed by 1957 c.608 §231] 247.261 [1957 c.608 §41; repealed by 1979 c.190 §431] 247.270 [1955 c.552 §3; repealed by 1957 c.608 §231] 247.280 [1957 c.608 §42; 1979 c.190 §62; renumbered 247.590] 247.282 [1971 c.30 §2; repealed by 1973 c.125 §1 and by 1973 c.827 §83] 247.284 [1971 c.30 §§4,6; repealed by 1973 c.125 §1 and by 1973 c.827 §83] 247.286 [1971 c.30 §§5,7; repealed by 1973 c.125 §1 and by 1973 c.827 §83] 247.288 [1971 c.30 §3; repealed by 1973 c.125 §1 and by 1973 c.827 §83] UPDATING REGISTRATION 247.290 Registration update require- ment; procedure; exceptions. (1) An elec- tor shall update a registration if: (a) The residence address of the elector is changed for any reason within the county in which the elector is registered, except as provided in subsection (3) of this section; (b) The elector desires to change or adopt a political party affiliation; (c) The mailing address of the elector is changed, except as provided in subsection (3) of this section; or (d) The name of the elector is changed, except as provided in ORS 254.411. (2) A registration may be updated by an elector in the same manner as an original registration or by the county clerk as pro- vided in this chapter. (3) An elector need not update a regis- tration if: (a) The United States Postal Service or a city or county changes the residence or mailing address of the elector and the resi- dence of the elector has not been relocated; or (b) The registration of the elector has been updated by the county clerk under ORS 247.292 or 247.296. [1957 c.608 §43; 1961 c.115 §1; 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; 1993 c.493 §1; 1993 c.713 §§16,16a; 1995 c.742 §6; 1999 c.318 §1; 1999 c.410 §12; 2007 c.154 §6] 247.292 Update of registration of elec- tor changing residence within county; procedure. (1)(a) A county clerk shall up- date the registration of an elector in the county upon receiving written evidence from: (A) The elector indicating a residence or mailing address that is different from the residence or mailing address for the elector as contained in the records of the county clerk; or (B) The United States Postal Service in- dicating a residence address that is different from the residence address for the elector as contained in the records of the county clerk. (b) This subsection applies only if the new residence address is located in the same county as the residence address for the elec- tor as contained in the records of the county clerk. (2) When a county clerk updates the reg- istration of an elector under subsection (1) of this section, the clerk shall send a new precinct memorandum card by nonforward- able mail to the elector as provided in ORS 247.181. The clerk shall include a notice stating that if the residence address or mail- ing address is not correct, the elector must notify the clerk. (3) An elector is not disqualified from voting due to any error relating to an update of registration made under this section. [1993 c.713 §17a; 2007 c.881 §6] 247.294 [1993 c.713 §17c; repealed by 1999 c.410 §67] 247.296 Verification of addresses of electors; update of registration; notice; cancellation prohibited during certain pe- riods. (1) The county clerk shall use records of the United States Postal Service relating to ballots issued by mail to verify the accu- racy of addresses of electors contained in the registration file of the county clerk. (2) Based on information obtained under subsection (1) of this section, the county clerk shall automatically update the regis- tration of an elector under ORS 247.292 or 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 not be canceled during the 90-day period prior to any primary or general election based on information obtained under this section. [1993 c.713 §17d; 1995 c.742 §15; 1999 c.59 §63; 1999 c.318 §2; 1999 c.999 §32a] 247.298 Extension of time for auto- matic updates under ORS 247.292. If there are fewer than 22 days between the date of an election and the registration deadline for the next succeeding election, the county clerk may update registrations as required under ORS 247.292 after the next succeeding election. [1993 c.713 §17e; 1999 c.410 §13] 247.300 [1957 c.608 §44; 1961 c.115 §2; repealed by 1975 c.678 §25] 247.302 Effective date of registration automatically updated by county clerk. The effective date of a voter registration up- dated under ORS 247.292 or 247.296 is the date that the county clerk changes the ad- dress information on the voter registration file. [1993 c.713 §17f; 1999 c.410 §14] 247.303 Deadline for updating regis- tration. Notwithstanding ORS 247.025, an elector whose registration is active or inac- tive may update the registration at any time before 8 p.m. on the day of the election. [1999 c.410 §10] 247.304 [1993 c.713 §18; 1995 c.712 §9; 1995 c.742 §16; 1999 c.410 §15; repealed by 2007 c.154 §67] 247.306 [1993 c.713 §20; repealed by 1999 c.410 §67] 247.307 Issuance of ballot to elector who updates registration after registra- tion deadline. (1) If the county clerk re- ceives information updating the registration of an elector after the deadline in ORS 247.025: (a) The county clerk shall issue a ballot to the elector if the elector′s registration was inactive prior to updating; or (b) The county clerk shall issue a re- placement ballot upon request from the elec- tor if the elector′s registration was active prior to updating. (2) Ballots issued under this section need not be mailed to electors after the fifth day before the date of the election and may be obtained by the elector in person from the county clerk up until and including the date of the election. [1999 c.410 §11; 2007 c.154 §7] 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] 247.320 [1987 c.733 §9; 1989 c.20 §5; repealed by 1993 c.713 §43] 247.330 [1987 c.733 §10; 1989 c.20 §6; 1993 c.713 §21; 1995 c.607 §11; 1995 c.742 §7; repealed by 1999 c.410 §67] 247.340 [1987 c.733 §11; 1993 c.713 §22; repealed by 1995 c.742 §20] ELIGIBILITY IN PRESIDENTIAL ELECTIONS 247.410 Eligibility to vote for President or Vice President, or electors, only. A person who is qualified to register, except that the person will have resided in this state less than 20 days before the election, may vote in the election for candidates for nomination or election for President or Vice President of the United States or elector of President and Vice President of the United States if the person: (1) Did not vote for the nomination of such candidates in another state during the six months immediately preceding the per- son′s request for registration to vote for the nomination of such candidates in the primary election in this state; or (2) Did not vote for the election of such candidates in another state during the six months immediately preceding the person′s request for registration to vote for the election of such candidates in the general election in this state. [1961 c.114 §2; 1973 c.150 §1; 1979 c.190 §54; 1979 c.519 §9a; 1987 c.267 §7; 1995 c.712 §10; 1999 c.999 §33] 247.420 Special ballot for voting under ORS 247.410. (1) A county clerk shall give a ballot marked “Presidential only” to any person eligible under ORS 247.410 who per- sonally appears in the office of the county clerk, completes a registration card and ver- ifies eligibility to vote under ORS 247.410. (2) No person shall supply any informa- tion under subsection (1) of this section, 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] 247.430 [1961 c.114 §4; 1971 c.241 §7; repealed by 1979 c.190 §431] 247.435 Eligibility of elector who moves to another state to vote in presi- dential elections. An elector of this state who moves to another state after the 31st day before a primary or general election for President or for electors of President and Vice President, and who does not qualify to vote in the state of the elector′s present res- idence, may vote for these offices in the pri- mary or general election in this state. The ballot for a person voting under this section shall be marked “Presidential only.” [Formerly 253.300; 1987 c.267 §8; 1995 c.712 §11; 1999 c.410 §17; 1999 c.999 §34] 247.440 [1961 c.114 §5; 1971 c.241 §8; 1975 c.678 §20; repealed by 1979 c.190 §431] 247.450 [1961 c.114 §6; repealed by 1979 c.190 §431] 247.460 [1961 c.114 §7; repealed by 1979 c.190 §431] 247.470 [1961 c.114 §8; 1975 c.678 §21; repealed by 1979 c.190 §431] 247.510 [1957 c.608 §46; renumbered 247.910] 247.520 [1957 c.608 §47; 1961 c.48 §1; renumbered 247.920] Title 23 Page 20 (2007 Edition)
  • 23. QUALIFICATION AND REGISTRATION OF ELECTORS 247.580 REMOVAL OF NAMES FROM REGISTER OF ELECTORS 247.550 [1963 c.346 §2; 1977 c.508 §2; 1979 c.190 §57; 1985 c.808 §8; 1991 c.107 §1; 1993 c.713 §23; 1999 c.410 §18; repealed by 2007 c.154 §67] 247.555 Cancellation of registration. (1) A county clerk may cancel the registration of an elector: (a) At the request of the elector; (b) Upon the death of the elector; (c) If the county clerk receives written evidence that the elector has registered to vote in another county in this state or in another state; or (d) If the elector has not responded to a notice described in ORS 247.563 and has not voted or updated a registration during the period beginning on the date the notice is sent and ending on the day after the date of the second regular general election that oc- curs after the date the notice was sent. (2) If the registration of an elector is canceled, the elector, in order to vote in an election, must register as provided in this chapter. [1993 c.713 §24] 247.560 [1963 c.346 §3; 1965 c.583 §2; 1971 c.241 §4; 1977 c.508 §3; 1979 c.190 §58; 1979 c.519 §10a; 1981 c.173 §14; 1985 c.471 §5; repealed by 1993 c.713 §43] 247.563 Notice to elector whose regis- tration appears invalid; contents; effect of notice; exceptions. (1) Except as pro- vided in subsection (4) of this section and ORS 247.555, whenever it appears to the county clerk that an elector needs to update the elector′s registration or that the elector has changed residence address to another county, the county clerk shall mail a notice to the elector. (2) The notice shall be sent by forwardable mail and shall include a postage prepaid, preaddressed return card on which the elector may state the elector′s current residence and mailing address. The notice shall advise the elector that: (a) The elector should return the card promptly; (b) If the card is not returned by the 21st calendar day immediately preceding an election, the elector may be required to complete a new registration card in order to vote in an election; and (c) The elector′s registration will be can- celed if the elector neither votes nor updates the registration before two general elections have been held. (3) When the county clerk mails a notice under this section, the registration of the elector shall be considered inactive until the elector updates the registration, the regis- tration is canceled or the clerk determines that the registration should be considered active. (4) This section does not apply when the county clerk receives written evidence from the elector or another county clerk indicat- ing a change of residence or mailing address or from the United States Postal Service in- dicating a change of residence address and the registration of the elector is automat- ically updated by the county clerk under any provision of this chapter. [1993 c.713 §25; 1999 c.410 §19; 2001 c.965 §45; 2007 c.881 §7] 247.565 [Formerly 247.600; 1981 c.173 §17; 1987 c.719 §§15,16; 1989 c.503 §4; 1993 c.493 §2; repealed by 1993 c.713 §43] 247.567 [1989 c.979 §4; 1993 c.741 §21; repealed by 1993 c.713 §43] 247.570 Notice of deaths to Secretary of State and county clerk; effect of no- tice. (1) Not later than five business days after receiving a certificate of death under ORS 432.307, a county registrar designated under ORS 432.035 shall furnish to the county clerk of that county the name, age, date of birth and residence address of the person for whom the registrar has received the certificate of death. If the person was registered to vote in the county, the county clerk immediately shall cancel the registra- tion of the person. (2) Not later than five business days after receiving information from the county regis- trar under subsection (1) of this section, the county clerk shall furnish the information to the Secretary of State. The Secretary of State shall furnish a copy of the appropriate names received under this subsection to each county clerk. Each county clerk immediately shall cancel the registrations of those per- sons. (3) The Department of Human Services, during the last week of each month, shall furnish to the Secretary of State a list of the name, age, date of birth, county of residence and residence address of each resident of this state who has died during the preceding month and for whom a certificate of death was not filed with a county registrar. The Secretary of State shall furnish a copy of the appropriate names to each county clerk. Each county clerk immediately shall cancel registrations of those persons. [1963 c.346 §4; 1979 c.190 §60; 2003 c.596 §1] 247.575 [1975 c.766 §2; repealed by 1979 c.190 §431] 247.580 County clerk to retain notices or elector listings for two years. (1) Copies of all notices and other correspondence is- sued under ORS 247.195, 247.292, 247.296, 247.563 and 247.570 shall be retained by the county clerk for two years. (2) If the elector registration records of a county are mechanically maintained, the county clerk may satisfy the requirements of Title 23 Page 21 (2007 Edition)
  • 24. 247.940 ELECTIONS subsection (1) of this section by maintaining for two years: (a) Computer listings of electors to whom the clerk issued notices or any other corre- spondence under ORS 247.195, 247.292, 247.296, 247.563 and 247.570 and facsimile copies of notices and correspondence; or (b) Microfilm records of the listings and copies. [1963 c.346 §5; 1975 c.766 §3; 1979 c.190 §61; 1981 c.173 §18; 1985 c.808 §8b; 1993 c.713 §26; 1999 c.410 §20] 247.585 [1989 c.173 §4; repealed by 1993 c.713 §43] 247.590 [Formerly 247.280; 1985 c.808 §8c; repealed by 1993 c.713 §43] 247.595 [1985 c.808 §8a; repealed by 1993 c.713 §43] 247.600 [1975 c.766 §1; 1977 c.829 §5; 1979 c.190 §59; 1979 c.519 §11a; renumbered 247.565] 247.610 [1963 c.595 §2 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1975 c.766 §29] 247.620 [1963 c.595 §3 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); 1967 c.64 §1; repealed by 1975 c.766 §29] 247.625 [1967 c.64 §§3,4,5,6; repealed by 1975 c.766 §29] 247.630 [1963 c.595 §4 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1967 c.64 §7] 247.640 [1963 c.595 §7 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1967 c.64 §7] 247.650 [1963 c.595 §8 (247.610, 247.620, 247.630 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1975 c.766 §29] 247.905 [1969 c.421 §2; repealed by 1979 c.190 §431] 247.910 [Formerly 247.510; 1971 c.241 §9; 1975 c.678 §22; repealed by 1979 c.190 §431] 247.915 [1969 c.421 §§3,4,6; 1971 c.32 §1; 1975 c.779 §3; repealed by 1979 c.190 §431] 247.920 [Formerly 247.520; repealed by 1969 c.421 §11] 247.925 [1969 c.421 §5; 1971 c.32 §2; repealed by 1979 c.190 §431] 247.935 [1969 c.421 §7; repealed by 1979 c.190 §431] LISTS OF ELECTORS 247.940 List of active electors; delivery without charge to political parties. (1) Not later than the 21st day before any primary election, general election or special congres- sional election, a major political party quali- fied under ORS 248.006 or its affiliate within the county or a minor political party quali- fied under ORS 248.008 may request from the county clerk a list of active electors, as de- scribed in ORS 247.013, of the county. Except as provided in this section, the list shall contain the name, party affiliation, residence or mailing address and precinct name or number of each active elector and shall be arranged in groups by election precinct. The list may not contain any information about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868. A major political party or its affil- iate within the county or a minor political party may make no more than two separate requests under this subsection. (2) If the county clerk receives a request under subsection (1) of this section, the clerk shall deliver the list not later than: (a) Ten days after receiving the request; or (b) The date requested, provided that the date requested is more than 10 days after the request was made and at least 10 days before the date of any primary election, general election or special congressional election. (3) The county clerk may not charge for preparation or delivery of the list supplied 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; 1995 c.742 §8; 1999 c.999 §35; 2007 c.542 §16] 247.945 List of county or statewide electors; delivery to any person; charges. (1) The county clerk, upon request before the 45th day before a primary, general or special election, shall deliver to any person a list of electors. The list may not contain any infor- mation about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868. The lists shall be prepared in the manner requested, limited only to the capabilities of the Secretary of State or the county clerk. (2) The county clerk shall collect and pay into the county treasury a charge for the actual cost of supplying lists under subsec- tion (1) of this section. (3) The county clerk shall keep a record of all persons to whom a list of electors is delivered under this section. (4) Upon request, the Secretary of State shall deliver to any person a statewide list of electors. The secretary shall charge a fee of $500 for delivering a list under this sub- section. The list may not contain any infor- mation about participants in the Address Confidentiality Program established under 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; 2007 c.542 §17; 2007 c.570 §7a] 247.955 Use of lists of electors for commercial purposes prohibited; excep- tions. (1) Except as provided in subsection (2) of this section, no person to whom a list of electors is made available or supplied un- der ORS 247.940 or 247.945 shall use any in- formation in the list for commercial purposes. (2) A person shall not be considered to use for commercial purposes any information contained in a list of electors made available or supplied under ORS 247.940 or 247.945 if the person obtains the list of electors for the purposes of resale to candidates or political committees for political purposes only. [1969 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 ADDRESS OR SIGNATURE OF ELECTORS 247.965 When residence address of elector exempt from disclosure as public record; request for exemption. (1) Any elector may request the county clerk to keep the residence address of the elector exempt from disclosure as a public record under ORS 192.410 to 192.505. (2) The county clerk shall keep the resi- dence address of an elector exempt from dis- closure as a public record under ORS 192.410 to 192.505 if the elector making the request demonstrates to the satisfaction of the county clerk that the elector′s personal safety or the safety of any family member residing with the elector is in danger if the elector′s address remains available for public inspection. (3) The county clerk shall automatically mail a ballot to an elector whose residence address is exempt from disclosure under this section. (4) An exemption from disclosure granted under this section shall remain in effect until the elector requests termination of the ex- emption or the elector is required to update the elector′s registration. If the elector is required to update the elector′s registration, the elector may apply for another exemption from disclosure. (5) An exemption from disclosure granted under this section includes an exemption from disclosure of the residence address of an elector under ORS 247.940 or 247.945. (6) A county clerk shall not be held liable for: (a) Granting or denying an exemption from disclosure under this section; or (b) Any unauthorized release of a resi- dence address granted an exemption from disclosure under this section. [1993 c.616 §2; 1995 c.742 §9; 1999 c.410 §21] 247.967 Conditions where disclosure of elector′s residence address required; pro- cedure; exception. Notwithstanding any provision of ORS 192.410 to 192.505: (1) Except as provided in subsection (3) of this section, the county clerk may disclose the residence address of an elector exempt from public disclosure under ORS 247.965 if the county clerk receives a court order or a request from any law enforcement agency to disclose the address. (2) A petition may be filed with the cir- cuit court of the county in which the admin- istrative offices of the county clerk are located requesting disclosure of the residence address of any elector exempt from disclo- sure under ORS 247.965. The petitioner shall have the burden of showing the disclosure would not constitute an unreasonable inva- sion of privacy. (3) The county clerk may not disclose the actual address, as defined in ORS 192.820, of an Address Confidentiality Program partic- ipant under ORS 192.820 to 192.868. [1993 c.616 §3; 2007 c.542 §13] 247.969 Definition of “personal safety” for purposes of ORS 247.965; rules. (1) The Secretary of State by rule shall define when the “personal safety” of an elector and the safety of any family member residing with the elector is in danger under ORS 247.965. Under the definitions, the elector′s personal safety or the safety of any family member residing with the elector shall be considered in danger if the elector provides evidence that the elector or any family member resid- ing with the elector has: (a) Been a victim of domestic violence; (b) Obtained orders issued under ORS 133.055; (c) Contacted a law enforcement officer involving domestic violence or other physical abuse; (d) Obtained a temporary restraining or other no contact order to protect the person from future physical harm; or (e) Filed other criminal or civil legal proceedings regarding physical protection. (2) A rule adopted by the Secretary of State under subsection (1) of this section may list other examples of evidence that the elector′s personal safety or the safety of any family member residing with the elector is in danger. The other examples shall be similar in nature to the evidence described in sub- section (1) of this section. [1993 c.616 §7] 247.971 [1993 c.787 §7; repealed by 1995 c.607 §91] 247.973 Status of signature on voter registration card as public record; copies of signature prohibited; voter registra- tion documents or information exempt from disclosure. (1) Subject to subsection (2) of this section, an individual′s signature submitted under this chapter for purposes of registering to vote is subject to inspection as a public record under ORS 192.410 to 192.505. The signature may be inspected in the office of the county clerk. (2) A person may not make a copy of or provide to another person a copy of an indi- vidual′s signature submitted under this chapter for purposes of registering to vote. (3) Subsection (2) of this section does not apply to copies made by any elections official acting in an official capacity for purposes of administering the provisions of ORS chapters 246 to 260 or any rules adopted thereunder. Title 23 Page 23 (2007 Edition)
  • 26. 247.973 ELECTIONS (4) Identifying information or documents submitted by an individual for purposes of registering to vote as required under the Help America Vote Act of 2002 (P.L. 107-252) are exempt from disclosure under ORS 192.410 to 192.505. (5) Identifying information relating to a disability of an elector that is entered into official voter registration records by an elec- tions official is exempt from disclosure under ORS 192.410 to 192.505. [1999 c.824 §4; 2003 c.803 §15; 2007 c.156 §1] 247.990 [Amended by 1955 c.695 §4; repealed by 1957 c.608 §231] 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; 1987 c.733 §6; 1995 c.742 §10; repealed by 1999 c.318 §55] Title 23 Page 24 (2007 Edition)
  • 27. Chapter 248 2007 EDITION Political Parties; Presidential Electors GENERAL PROVISIONS 248.002 Definitions 248.004 Powers of political parties; liability of political parties and of officers, employees and members of political parties 248.005 Parties to insure widest and fairest repre- sentation of members 248.006 Qualification and maintenance of status as major political party; loss of status as major political party; calculation of num- ber of party members 248.007 Organization of major political parties; applicability of ORS 248.012 to 248.315; election of precinct committeepersons; notice to Secretary of State; use of pri- mary election 248.008 Qualification as minor political party; party member registration requirement; eligibility to nominate candidates; main- tenance of status as minor political party; loss of status as minor party 248.009 Process for nominating candidates by mi- nor political party; notice to filing officer; notice of nominating convention 248.010 Use of party name 248.011 Enforcement of ORS 248.005 or political party rules 248.012 Notice of committee meetings required PRECINCT COMMITTEEPERSONS 248.015 Precinct committeepersons; qualifications; election; vote required; term 248.017 Candidacy for office of precinct commit- teeperson by person who attains age of 18 years after deadline for filing declaration of candidacy 248.023 Certificates of election; acceptance of of- fice; list of precinct committeepersons; offices declared vacant when no commit- teeperson elected 248.024 Resignation or ineligibility of precinct committeeperson 248.026 Selection of precinct committeeperson to fill vacancy; effective date of selection; term; powers 248.027 Committeeperson to continue on central committee despite change in precinct 248.029 Recall procedure COUNTY CENTRAL COMMITTEE 248.031 Precinct committeepersons as county central committee; status and functions of committee 248.033 Organizational meeting; notice 248.035 Transfer of property; election of officers; notice of election; eligibility to vote 248.043 Procedure if meeting not called; filling vacancies when no precinct committee- person elected; term of appointee; notice to county clerk 248.045 Proxies prohibited; bylaws or rules; exec- utive committee functions; voting privi- leges STATE CENTRAL COMMITTEE 248.072 Authority of state central committee 248.075 State central committee; organizational meeting; notice 248.085 Transfer of property; election of officers; bylaws or rules; executive committee functions DELEGATES TO NATIONAL CONVENTIONS 248.315 Selection of delegates to national conven- tion PRESIDENTIAL ELECTORS 248.355 Selection of presidential electors; candi- date′s pledge 248.360 Election time and number of presidential electors to be elected; names of presiden- tial electors not printed on ballot 248.370 Convening of electors; vacancies; duties 248.380 Electors′ mileage expenses Title 23 Page 25 (2007 Edition)
  • 28. ELECTIONS Title 23 Page 26 (2007 Edition)
  • 29. POLITICAL PARTIES; PRESIDENTIAL ELECTORS 248.006 GENERAL PROVISIONS 248.002 Definitions. As used in this chapter: (1) “Committee office” means chairper- son, vice chairperson or other office the county or state central committee of a poli- tical party creates to govern the business of the committee. (2) “County clerk” means the county clerk or the county official in charge of elections. (3) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (4) “Member” means an individual who is registered as being affiliated with the pol- itical party. [1979 c.190 §67] 248.004 Powers of political parties; li- ability of political parties and of officers, employees and members of political par- ties. (1) A minor political party or a major political party shall have all the powers granted to a nonprofit corporation under ORS 65.077. (2) A major or minor political party shall be treated for purposes of contractual, tort or other liability as a nonprofit corporation. (3) Officers and employees of a major or minor political party, including officers and employees of local subdivisions of the parties, shall be treated as officers and employees of nonprofit corporations for liability for all matters relating to the political party. (4) Any member of a governing body of a major or minor political party, including lo- cal subdivisions of the parties, shall be treated as directors of nonprofit corporations for liability for all matters relating to the political party. If the bylaws of a party des- ignate a central committee, such as a state, county or congressional district central com- mittee, as the governing body of the party, then the members of the central committee shall be directors of the party for purposes of this section. (5) Notwithstanding ORS 65.157, credi- tors of a major or minor political party may not proceed against members of the political parties for liabilities members owe to the parties arising from their party membership. (6) This section does not affect the li- ability of political committee directors, treasurers and candidates as provided in ORS chapter 260. [1993 c.797 §5] 248.005 Parties to insure widest and fairest representation of members. Each political party by rule shall insure the widest and fairest representation of party members in the party organization and activities. Rules shall be adopted by procedures that assure the fair and open participation of all interested party members. [1975 c.779 §1; 1979 c.190 §68] 248.006 Qualification and maintenance of status as major political party; loss of status as major political party; calcu- lation of number of party members. (1) An affiliation of electors becomes a major political party in this state and is qualified to make nominations at a primary election when a number of electors equal to at least five percent of the number of electors regis- tered in this state are registered as members of the party not later than the 275th day be- fore the date of a primary election. An affil- iation of electors satisfying the requirements of this subsection shall be subject to the provisions of ORS 248.007 on the date the Secretary of State determines the registra- tion requirements are satisfied. (2) The number of electors described in subsection (1) of this section shall be calcu- lated based on the number of electors regis- tered in this state and eligible to vote, as reported on the official abstracts of the election, at the general election immediately preceding the deadline specified in subsec- tion (1) of this section. (3) After an affiliation of electors be- comes a major political party under subsec- tion (1) of this section, in order to maintain status as a major political party subject to ORS 248.007, the party must satisfy the reg- istration requirement of subsection (1) of this section not later than the 275th day before each primary election. (4) An affiliation of electors ceases to be a major political party if the registration re- quirements of subsection (1) of this section are not satisfied by the 275th day before each primary election. The affiliation of electors ceases to be a major political party on the date the Secretary of State determines that the registration requirement is not satisfied. (5) When an affiliation of electors has not satisfied the registration requirement of sub- section (1) of this section for the first time, at the request of a representative of the af- filiation of electors, the Secretary of State shall determine not less than once each month whether at least five percent of the number of eligible electors registered in this state are registered as members of the party. After an affiliation of electors has qualified as a major political party, the Secretary of State shall determine on the 274th day before each primary election whether the major political party has satisfied the registration requirements described in subsection (3) of this section. [1979 c.190 §69; 1993 c.797 §1; 1995 c.712 §14; 2001 c.721 §1] Title 23 Page 27 (2007 Edition)
  • 30. 248.007 ELECTIONS 248.007 Organization of major political parties; applicability of ORS 248.012 to 248.315; election of precinct committee- persons; notice to Secretary of State; use of primary election. (1) Subject to ORS 248.005, a major political party may organize and select delegates to national party con- ventions in any manner. (2) The provisions of ORS 248.012 to 248.315 do not apply to a major political party if the party has notified the Secretary of State as provided in subsection (5) of this section that the party does not intend to be subject to the provisions of ORS 248.012 to 248.315. References to precinct committee- persons in any provisions of ORS chapters 246 to 260 do not apply to a party described in this subsection. (3) ORS 248.012 to 248.315 apply only to a major political party that has notified the Secretary of State as provided in subsection (5) of this section that the political party in- tends to be subject to the provisions of ORS 248.012 to 248.315. References to precinct committeepersons in any provisions of ORS chapters 246 to 260 shall apply to a party described in this subsection. If a major poli- tical party fails to notify the Secretary of State under this subsection, the party shall be considered subject to the provisions of ORS 248.012 to 248.315. (4) A major political party shall notify the Secretary of State as provided in subsec- tion (5) of this section if the party does not intend to be subject to the provisions of ORS 248.012 to 248.315 except that the party in- tends to elect precinct committeepersons. If a party notifies the Secretary of State under this subsection, the party shall elect precinct committeepersons only as provided in ORS 248.015 and shall elect precinct committee- persons in the same manner in all precincts in this state. (5) Not later than the 274th day before the date of the primary election, a major political party shall notify the Secretary of State in writing whether or not the party intends to be subject to the provisions of ORS 248.012 to 248.315 or whether the party intends to elect precinct committeepersons under subsection (4) of this section. If the major political party does not intend to be subject to the provisions of ORS 248.012 to 248.315 or intends to elect precinct commit- teepersons under subsection (4) of this sec- tion, the party shall file with the Secretary of State, at the same time notice is given under this subsection, a copy of its organiza- tional documents setting forth the manner in which its officers and managing committees are selected or any other manner in which it conducts its affairs. (6) In each even-numbered year, a major political party shall file with the Secretary of State a statement indicating that the party is operating subject to ORS 248.012 to 248.315 or a copy of current organizational documents setting forth the manner in which its officers and managing committees are se- lected or any other manner in which it con- ducts its affairs. Material described in this subsection shall be filed on the 274th day before the third Tuesday in May of each odd-numbered year. (7) A major political party subject to the provisions of this section shall nominate candidates of the major political party, for other than political party office, at the pri- mary election. [1993 c.797 §3; 1995 c.712 §15] 248.008 Qualification as minor political party; party member registration re- quirement; eligibility to nominate candi- dates; maintenance of status as minor political party; loss of status as minor party. (1) An affiliation of electors becomes a minor political party in the state, a county or other electoral district, qualified to make nominations for public office in that electoral district and in any other electoral district wholly contained within the electoral dis- trict, when either of the following events oc- curs: (a) When the affiliation of electors has filed with the Secretary of State a petition with the signatures of at least a number of electors equal to one and one-half percent of the total votes cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term. The pe- tition also shall state the intention to form a new political party and give the desig- nation of it. The filed petition shall contain only original signatures. The petition shall be filed not later than two years following the date the prospective petition is filed. The circulator shall certify on each signature sheet that the circulator witnessed the sign- ing of the signature sheet by each individual whose signature appears on the signature sheet and that the circulator believes each individual is an elector registered in the electoral district. The Secretary of State shall verify whether the petition contains the required number of signatures of electors. The petition shall not be accepted for filing if it contains less than 100 percent of the required number of signatures. The Secretary of State by rule shall designate a statistical sampling technique to verify whether a peti- tion contains the required number of signa- tures of electors. A petition shall not be rejected for the reason that it contains less than the required number of signatures un- less two separate sampling processes both Title 23 Page 28 (2007 Edition)
  • 31. POLITICAL PARTIES; PRESIDENTIAL ELECTORS 248.008 establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling. The Secretary of State may employ professional assistance to determine the sampling technique. The sta- tistical sampling technique may be the same as that adopted under ORS 250.105. Before circulating the petition, the chief sponsor of the petition shall file with the Secretary of State a signed copy of the prospective peti- tion. The chief sponsor shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the peti- tion. After the prospective petition is filed, the chief sponsor shall notify the filing offi- cer not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that: (A) Any person is being paid for obtain- ing signatures, when the statement included with the prospective petition declared that no such person would be paid. (B) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid. (b) When the affiliation of electors has polled for any one of its candidates for any public office in the electoral district at least one percent of the total votes cast in the electoral district for all candidates for: (A) Presidential elector at the last gen- eral election at which candidates for Presi- dent and Vice President of the United States were listed on the ballot; or (B) Any single state office to be voted upon in the state at large for which nomi- nations by political parties are permitted by law at the most recent election at which a candidate for the office was elected to a full term. (2) After satisfying either requirement of subsection (1) of this section, the minor poli- tical party may nominate candidates at the next general election if at any time during the period beginning on the date of the next primary election and ending on the 90th day before the next general election, a number of electors equal to at least one-tenth of one percent of the total votes cast in the state or electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term are registered as members of the party. (3) A filing officer shall not accept a certificate of nomination of a candidate nominated by a minor political party unless the minor political party has satisfied the registration requirement of subsection (2) of this section. (4) After a minor political party qualifies to nominate candidates, in order to maintain status as a minor political party: (a) A candidate or candidates of the party must poll a number of votes described in subsection (1)(b) of this section at each sub- sequent general election and following each general election, the registration require- ment of subsection (2) of this section must be satisfied; or (b) Following each general election, at any time during the period beginning on the date of the next primary election and ending on the 90th day before the next general election, a number of electors equal to at least one-half of one percent of the total number of registered electors in this state must be registered as members of the party. (5) An affiliation of electors ceases to be a minor political party in the state or elec- toral district if: (a) The registration requirement of sub- section (2) or (4)(b) of this section is not sat- isfied. The affiliation of electors ceases to be a minor political party on the date of the deadline for satisfying the registration re- quirement; or (b) Except as provided in subsection (4)(b) of this section, in the case of a minor poli- tical party qualified to nominate candidates, a candidate or candidates of the minor poli- tical party do not satisfy the one percent re- quirement specified in subsection (1)(b) of this section at the next general election. The affiliation of electors ceases to be a minor political party on the date of the election. (6) During the period beginning on the date of the primary election and ending on the 90th day before the date of the general election, the Secretary of State shall deter- mine not less than once each month whether the registration requirement of subsection (2) or (4)(b) of this section has been satisfied. If the party changes its name, only those elec- tors who register on or after the effective date of the name change as members of the party under the new party name shall be counted as members of the party under this subsection. (7) An affiliation of electors or a minor political party may not satisfy the one per- cent requirement referred to in subsection (1)(b) of this section by nominating a candi- date who is the nominee of another political 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; 1995 c.606 §3; 1995 c.712 §16; 1997 c.287 §1; 1999 c.318 §23; 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- dates by minor political party; notice to filing officer; notice of nominating con- vention. (1) A minor political party shall file with the filing officer a copy of its organiza- tional documents establishing its process for nominating candidates for public office. The organizational documents shall be filed not later than 30 days after they are adopted. The nominating process for candidates for election at the general election shall provide an equal opportunity to all registered mem- bers of the party within the electoral district to participate in the process of making nom- inations or selecting the delegates who will make the nominations. A minor political party shall file copies of any changes to its organizational documents relating to nomi- nation of candidates for public office not later than 30 days after the date any changes were made. The minor political party shall nominate candidates for public office only in accordance with the procedures set forth in its organizational documents. (2) A minor political party shall file with the filing officer a list of any officers se- lected by the party. The list shall be filed not later than 10 days after any selection is made. A minor political party shall file copies of any changes to the list of officers not later than 10 days after the date any changes were made. (3) Not later than the 10th day before any nominating convention of a minor poli- tical party, notice shall be published at least once in not fewer than three newspapers of general circulation within the electoral dis- trict for which the nomination will be made. If there are fewer than three newspapers of general circulation within the electoral dis- trict, notice shall be published at least once in one newspaper of general circulation within the electoral district for which the nomination will be made and other public notice shall be given that is reasonably cal- culated to assure that party members in the electoral district receive notice of the con- vention. The notice shall contain the time and place of the convention, and the office or offices for which nominations will be made. [1993 c.797 §4; 1995 c.606 §4] 248.010 Use of party name. Each major political party and minor political party, its nominated candidates and its members and officers shall have the exclusive right to use the whole party name or any part of it. [Amended by 1957 c.608 §49; 1965 c.407 §1; 1975 c.779 §4; 1979 c.190 §71; 1983 c.514 §5] 248.011 Enforcement of ORS 248.005 or political party rules. Except as expressly required by law, the Secretary of State, a county clerk or any other elections official shall not enforce the provisions of ORS 248.005 or any other rule adopted by a poli- tical party. [1995 c.606 §2] 248.012 Notice of committee meetings required. The chairperson of a county cen- tral committee or state central committee shall notify by mail the entire membership of the committee not later than the sixth day before the date of an anticipated meeting. Except for the notice of an organizational meeting of a county central committee, fail- ure to give timely notice of the time, date and place of a meeting shall invalidate the business of the meeting. [Formerly 248.100] PRECINCT COMMITTEEPERSONS 248.015 Precinct committeepersons; qualifications; election; vote required; term. (1) A precinct committeeperson shall be a representative of the major political party in the precinct. At the primary election a major political party shall elect from its members a committeeperson of each sex for every 500 electors, or major fraction thereof, who are registered in the precinct on Janu- ary 31 of the year of the primary election. In any event the political party members of a precinct shall be entitled to elect not less than one committeeperson of each sex in the precinct. No person shall hold office as com- mitteeperson in more than one precinct. (2) A member of a major political party may become a candidate for precinct com- mitteeperson of the precinct in which the person is registered, or of a precinct within the same county adjoining that precinct, by filing a declaration of candidacy described in ORS 249.031, except as provided in subsec- tion (3) of this section. (3) ORS 249.031 (1)(i) shall not apply to declarations of candidacy for candidates for precinct committeeperson. (4) A member of the major political party who has been a member of that party for 180 days before the primary election may be elected by write-in votes as precinct commit- teeperson of the precinct in which the mem- ber is registered, or of a precinct within the same county adjoining that precinct. (5) Unless a qualified person receives at least three votes, no person shall be deemed to have been elected as precinct committee- person and the office of committeeperson shall be vacant. (6) The term of office of a precinct com- mitteeperson is from the 24th day after the date of the primary election until the 24th day after the date of the next following pri- mary election. (7) A precinct committeeperson shall not be considered a public officer. [1965 c.407 §§3, 7; subsection (6) enacted as 1967 c.540 §3 (3); 1969 c.282 Title 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 §1; 1991 c.87 §1; 1991 c.107 §3; 1995 c.712 §17] 248.017 Candidacy for office of pre- cinct committeeperson by person who attains age of 18 years after deadline for filing declaration of candidacy. Notwith- standing any provision of ORS 248.015, an otherwise qualified person who will attain the age of 18 years after the deadline for fil- ing a declaration of candidacy for the office of precinct committeeperson and on or before the date of the primary election, and who is registered as a member of the major political party not later than the date of the primary election, is eligible to file a nominating peti- tion for the office of precinct committeeper- son, to be listed on the ballot and to be elected to the office, including by write-in votes. [1993 c.583 §2; 1995 c.712 §18] 248.018 [1973 c.827 §24b; repealed by 1979 c.190 §431] 248.020 [Amended by 1957 c.608 §50; repealed by 1965 c.407 §18] 248.023 Certificates of election; ac- ceptance of office; list of precinct com- mitteepersons; offices declared vacant when no committeeperson elected. (1) Not later than the 20th day after a primary election, the county clerk shall mail a cer- tificate of election to each newly elected precinct committeeperson within the county. The clerk also shall mail an “Acceptance of Office” form to each person elected by write-in votes to the office of committeeper- son. The form shall include a statement to be signed by the person elected that the per- son is qualified to hold the office. (2) A person elected by write-in votes to the office of precinct committeeperson shall be certified for the office by filing with the county clerk, not later than the 27th day af- ter the date of the primary election, a signed “Acceptance of Office” form. (3) Not later than the 31st day after a primary election, the county clerk shall pre- pare, maintain and furnish to the chairper- sons of the respective retiring county central committees within the county and the chair- persons of the state central committees, a list of the party precinct committeepersons elected and certified. At the same time the county clerk shall declare the other offices of committeeperson vacant. [1965 c.407 §§4,5; 1975 c.779 §5; 1977 c.644 §2; 1979 c.190 §74; 1987 c.267 §10; 1995 c.607 §75; 1995 c.712 §19] 248.024 Resignation or ineligibility of precinct committeeperson. (1) A precinct committeeperson may resign from the office by filing a written notification of resignation with the county clerk. Upon receipt of this notification, the county clerk shall: (a) Remove the name of the person from the list of committeepersons. (b) Declare that office vacant. (c) Notify the appropriate county central committee. (2) When a precinct committeeperson ceases to be registered in the precinct in which the committeeperson was elected or a precinct adjoining that precinct within the same county, changes political party regis- tration or dies, the county central committee shall notify the county clerk of the fact. Upon receipt of this notification, if the county clerk determines that the notification is correct, the clerk shall: (a) Remove the name of the person from the list of committeepersons. (b) Declare that office vacant. [Formerly 248.047] 248.025 [1965 c.407 §6; 1979 c.190 §79; renumbered 248.031] 248.026 Selection of precinct commit- teeperson to fill vacancy; effective date of selection; term; powers. (1) The mem- bers of a county central committee may se- lect a member of the major political party who is registered in the precinct in which the vacancy exists, or registered in a pre- cinct within the same county adjoining that precinct, to fill a vacancy in the office of precinct committeeperson. (2) When a county central committee votes to select a person to fill a vacancy in the office of precinct committeeperson, the chairperson of the committee shall give written notice to the county clerk of the proposed selection. The selection shall take effect when the county clerk upon timely verification of eligibility, places the name of the person selected on the list of committee- persons. The county clerk shall then send written notice of the selection to the person and the county central committee. (3) A person selected to fill a vacancy in the office of precinct committeeperson may be removed from office at the pleasure of the central committee, but, except as provided in subsection (4) of this section, otherwise shall hold the office for the unexpired term and shall have the powers, duties and privileges of an elected committeeperson. (4) A person selected to fill a vacancy in the office of precinct committeeperson may not vote on the election of county central committee officers at the organizational meeting of the committee as provided in ORS 248.035. A person selected to fill a vacancy in the office of precinct committeeperson may vote to fill any vacancy in a committee office after the organizational meeting. [Formerly 248.055; 1987 c.620 §1; 2005 c.506 §3] 248.027 Committeeperson to continue on central committee despite change in precinct. A precinct committeeperson who represents a precinct which is subsequently Title 23 Page 31 (2007 Edition)
  • 34. 248.029 ELECTIONS combined, consolidated or abolished shall continue to be a member of the county cen- tral committee until the end of that commit- teeperson′s regular term of office. [Formerly 248.057] 248.029 Recall procedure. (1) Except as provided in this section, the provisions for recall of a public officer under ORS 249.002 to 249.013 and 249.865 to 249.877, apply to a recall election of a precinct committeeper- son. (2) A precinct committeeperson may be recalled by a petition signed by the number of party members equal to not less than 25 percent of the number of party members who voted in the precinct as it existed at the preceding primary election. The petitioners shall state in not more than 200 words on the recall petition the reasons for the recall. If the committeeperson resigns, the resigna- tion shall take effect on the date of the res- ignation. If the committeeperson does not resign before the fifth day after the petition is filed with the county clerk, a special election shall be ordered by the county clerk to be held not later than the 25th day after the petition is filed to determine whether the committeeperson will be recalled. The recall election shall be held in the precinct as it existed when the committeeperson was elected. On the ballot shall be printed the reasons for the recall stated in the recall petition, and, in not more than 200 words, the committeeperson′s justification of the committeeperson′s actions in office. The committeeperson shall continue to perform duties of the office until the result of the special election is declared. (3) The cost of the election shall be paid by the county central committee of the party of the committeeperson. [Formerly 248.053; 1981 c.173 §19; 1987 c.267 §11; 1995 c.712 §20] 248.030 [Amended by 1957 c.608 §51; repealed by 1965 c.407 §18] COUNTY CENTRAL COMMITTEE 248.031 Precinct committeepersons as county central committee; status and functions of committee. The precinct com- mitteepersons of the county shall constitute the county central committee of their party. The county central committee of each major political party is the highest party authority in county party matters and may adopt rules or resolutions for any matter of party gov- ernment within the county which is not con- trolled by the laws of this state. [Formerly 248.025] 248.033 Organizational meeting; no- tice. (1) The organizational meeting of a county central committee shall be held no less frequently than every 25 months. (2) The retiring county central committee shall prepare a written notice designating the time, date and place of the meeting and file a copy of the notice with the county clerk not later than the 40th day before the date of the meeting. The retiring county central committee also shall mail a copy of the notice to the state central committee. (3) Upon request of a county central committee, the county clerk shall provide the county central committee, without charge, a list of the names, addresses and other con- tact information, including electronic mail addresses or telephone numbers, of persons holding the office of precinct committeeper- son for that major political party on the date the clerk receives notice of an organizational meeting under subsection (2) of this section. (4) The chairperson of the retiring county central committee shall mail a copy of the notice of the time, date and place of the meeting, not later than the 10th day before the meeting, to each member of the county central committee. If permitted by the bylaws of the county central committee, the county central committee may notify members by means other than by mail. [1965 c.407 §8; 1975 c.779 §6; 1977 c.644 §3; 1979 c.190 §80; 1981 c.862 §2; 1987 c.267 §12; 1995 c.712 §21; 2005 c.506 §1] 248.035 Transfer of property; election of officers; notice of election; eligibility to vote. (1) At the organizational meeting of a county central committee: (a) The officers of the retiring county central committee shall make available to the committee the property, records and funds owned or controlled by the retiring committee. (b) The committee next shall elect a chairperson, vice chairperson and other offi- cers the committee considers necessary. The persons elected to the offices need not be members of the county central committee. The committee shall determine the term of each office. Only a newly elected precinct committeeperson may vote on the election of committee officers. (2) The elected chairperson, within 48 hours of the chairperson′s election, shall send a list of the officers of the committee to the county clerk and to the state central committee. (3) Only a newly elected precinct com- mitteeperson or a person appointed or se- lected to fill a vacancy in the office of committeeperson may vote to fill a vacancy in a committee office. Immediately before a meeting of the county central committee at which there may be an election to fill a va- cancy in a committee office, the chairperson shall obtain from the county clerk a list of committee members. The list shall determine Title 23 Page 32 (2007 Edition)
  • 35. POLITICAL PARTIES; PRESIDENTIAL ELECTORS 248.075 the eligibility of a committeeperson to vote to fill a vacancy in a committee office. [1965 c.407 §9 (1), (2), (3), (4); 1973 c.773 §5; 1975 c.779 §7; 1979 c.190 §81; 2005 c.506 §4] 248.040 [Repealed by 1965 c.407 §18] 248.043 Procedure if meeting not called; filling vacancies when no precinct committeeperson elected; term of ap- pointee; notice to county clerk. If a newly elected county central committee fails to meet or to organize or if no person within a county is elected by a major political party as a precinct committeeperson, the chairper- son of the retiring state central committee shall appoint a temporary chairperson of the county central committee. The temporary chairperson shall call an organizational meeting and organize the committee as pro- vided by applicable provisions of ORS 248.033 and 248.035. A temporary chairperson ap- pointed when no precinct committeeperson is elected may appoint members to fill the va- cancies in the office of committeeperson for the precinct in which the persons are regis- tered. A person so appointed may be removed from office at the pleasure of the central committee, but otherwise shall hold the of- fice of committeeperson for the unexpired term and shall have the powers, duties and privileges of a committeeperson. When a person is appointed to the office of commit- teeperson pursuant to this subsection, the temporary chairperson shall notify, in writ- ing, the county clerk of the appointment. The county clerk shall place the name of the person appointed on the list of committee- persons. [1965 c.407 §9 (5), (6); 1979 c.190 §82] 248.045 Proxies prohibited; bylaws or rules; executive committee functions; voting privileges. Proxies in no instance shall be permitted to participate at any county central committee meeting. At any meeting of the county central committee, the committee may: (1) Adopt, amend or repeal bylaws or rules for the government of the political party in the county. (2) By the adoption of bylaws or of a resolution, select an executive committee and authorize the executive committee to exercise those powers delegated to it by the central committee including, but not limited to, the power to fill a vacancy in the office of committeeperson pursuant to ORS 248.026. In no event may the central committee dele- gate, or the executive committee exercise, the power to elect a person to, or fill a va- cancy in a committee office. The persons se- lected as the executive committee need not be members of the county central committee. (3) Except as provided by ORS 248.035 (3), grant participation and voting privileges to a: (a) Person who holds a public office or an office of a political party. (b) Person who has been nominated for a public office at the preceding primary election. (c) Member of the executive committee of the county central committee. [1965 c.407 §10; 1979 c.190 §83; 1987 c.267 §13; 1995 c.712 §22] 248.047 [1965 c.407 §11; 1967 c.540 §1; 1975 c.779 §8; 1979 c.190 §75; renumbered 248.024] 248.049 [1967 c.540 §3 (1), (2); repealed by 1979 c.190 §431] 248.050 [Repealed by 1965 c.407 §18] 248.053 [1967 c.540 §4; 1979 c.190 §78; renumbered 248.029] 248.055 [1965 c.407 §12; 1967 c.540 §2; 1975 c.779 §9; 1979 c.190 §76; renumbered 248.026] 248.057 [1967 c.124 §2; 1979 c.190 §77; renumbered 248.027] 248.060 [Amended by 1957 c.608 §52; repealed by 1965 c.407 §18] 248.070 [Amended by 1957 c.608 §53; 1961 c.94 §1; repealed by 1965 c.407 §18] 248.071 [1965 s.s. c.1 §3 (enacted as 248.070); re- pealed by 1967 c.227 §1] STATE CENTRAL COMMITTEE 248.072 Authority of state central committee. The state central committee is the highest party authority in the state and may adopt rules or resolutions for any mat- ter of party government which is not con- trolled by the laws of this state. [1979 c.190 §84] 248.075 State central committee; or- ganizational meeting; notice. (1) The state central committee shall consist of at least two delegates from each county central com- mittee and other delegates from each county equal to the number of party members in the county registered on the date of the primary election divided by 15,000. If the remaining number exceeds 7,500, one additional dele- gate shall represent the county. The deleg- ates and an equal number of alternate delegates shall be selected by the county central committee. When a delegate of a county central committee is unable to attend a meeting of the state central committee, an alternate delegate of the county central committee may attend the meeting. (2) The organizational meeting of a newly elected state central committee shall be held on a date to be determined by party rule. The retiring state central committee shall mail notice of the meeting, not later than the sixth day before the meeting, to each member of the newly elected state central committee. If permitted by the bylaws of the state cen- tral committee, the state central committee may notify members by means other than by mail. (3) The chairperson of the retiring state central committee shall mail a notice of the Title 23 Page 33 (2007 Edition)
  • 36. 248.085 ELECTIONS meeting to the county central committees not later than the 45th day before the meet- ing. The state central committee may not re- organize without the mailing of this notification. (4) If a county central committee fails to organize before the organizational meeting of the state central committee, the appointed temporary chairperson of the county central committee may act as the sole delegate from that committee to the state central commit- tee. (5) If the retiring state central committee does not mail notice of the organizational meeting under subsection (2) of this section, the meeting may be called by a petition signed by at least 19 chairpersons of the county central committees. The petition shall state the time, date and place of the organ- izational meeting. A copy of the petition shall be mailed to each newly elected chair- person and vice chairperson of the county central committees not later than the sixth day before the meeting. A copy of the peti- tion shall be filed with the Secretary of State. [1965 c.407 §13; 1975 c.779 §10; 1979 c.190 §85; 1981 c.862 §3; 1987 c.267 §14; 1995 c.712 §23; 2005 c.506 §2] 248.080 [Amended by 1957 c.608 §54; repealed by 1965 c.407 §18] 248.085 Transfer of property; election of officers; bylaws or rules; executive committee functions. (1) At the organiza- tional meeting of the state central commit- tee: (a) The officers of the retiring state cen- tral committee shall deliver to the newly elected committee the property, records and funds owned or controlled by the retiring committee. (b) The committee shall elect a chairper- son, vice chairperson and other officers the committee considers necessary. The persons elected to the offices need not be members of the state central committee. The commit- tee shall determine the term of each office. (c) The committee shall adopt, amend or repeal bylaws or rules for the government of the state central committee. (2) At any meeting of the state central committee, the committee, by bylaw or reso- lution, may select an executive committee and delegate powers to it. The persons se- lected as the executive committee need not be members of the state central committee. In no event may the central committee dele- gate, or the executive committee exercise, the power to elect a person to fill a vacancy in state committee offices. However, the central committee may provide in its bylaws for the appointment by the executive com- mittee of a temporary officer to fill a va- cancy. [1965 c.407 §14; 1975 c.779 §11; 1979 c.190 §86] 248.090 [Amended by 1957 c.608 §55; 1965 s.s. c.1 §4; 1971 c.627 §1; repealed by 1975 c.779 §28] 248.095 [1989 c.986 §4; repealed by 1993 c.797 §33] 248.100 [Amended by 1965 c.407 §15; 1975 c.779 §12; 1979 c.190 §71; renumbered 248.012] 248.110 [Repealed by 1957 c.608 §231] 248.120 [Repealed by 1957 c.608 §231] 248.130 [Repealed by 1957 c.608 §231] 248.140 [Repealed by 1957 c.608 §231] 248.150 [Amended by 1957 c.608 §56; 1965 c.320 §1; repealed by 1967 c.227 §1] 248.160 [Amended by 1957 c.608 §57; 1975 c.779 §12a; 1979 c.190 §87; repealed by 1983 c.567 §22] 248.170 [1973 c.773 §8; repealed by 1975 c.779 §28] 248.175 [1973 c.773 §9; renumbered 171.062] 248.180 [1973 c.773 §10; renumbered 171.064] 248.210 [1961 c.667 §2; 1965 c.407 §16; repealed by 1975 c.779 §28] 248.220 [1961 c.667 §3; repealed by 1975 c.779 §28] 248.310 [Amended by 1957 c.608 §58; 1975 c.779 §13; repealed by 1979 c.190 §431] DELEGATES TO NATIONAL CONVENTIONS 248.315 Selection of delegates to na- tional convention. (1) After a presidential preference primary election, each major poli- tical party whose national affiliate holds a convention to select its nominee for Presi- dent of the United States shall select deleg- ates to the national convention of that party. (2) Delegates to the national convention of a party shall be selected in the manner provided by party rules, which shall provide all electors registered as members of the party equal opportunity to participate in the selection of delegates. (3) Delegates to the national convention of the party shall be selected so that the number of delegates who favor a certain candidate shall represent the proportion of votes received by the candidate in relation to the other candidates of that party at the presidential preference primary election. Each person selected as a delegate shall sign a pledge that the person will continue to support at the national convention the can- didate for President of the United States the person is selected as favoring until: (a) The candidate is nominated at the convention; (b) The candidate receives less than 35 percent of the votes for nomination at the convention; (c) The candidate releases the delegate from the pledge; or (d) Two convention nominating ballots have been taken. [1975 c.779 §15; 1979 c.190 §88; 1979 c.748 §1; 1987 c.267 §15; 1993 c.797 §28] 248.320 [Amended by 1957 c.608 §59; 1969 c.603 §1; subsections (2), (3), (4) enacted as 1969 c.603 §4; 1971 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] 248.330 [Amended by 1957 c.608 §60; 1969 c.603 §2; repealed by 1975 c.779 §28] 248.340 [Amended by 1957 c.608 §61; renumbered 248.355] 248.350 [Amended by 1957 c.608 §62; repealed by 1975 c.779 §28] 248.352 [1965 c.526 §§2,3,5; repealed by 1975 c.779 §28] 248.354 [1965 c.526 §4; repealed by 1975 c.779 §28] PRESIDENTIAL ELECTORS 248.355 Selection of presidential elec- tors; candidate′s pledge. (1) In a year when a President and Vice President of the United States are to be nominated and elected, each political party nominating candidates for those offices shall select a number of candi- dates for elector of President and Vice Pres- ident equal to the total number of Senators and Representatives to which this state is entitled in Congress. (2) A candidate for elector when selected shall sign a pledge that, if elected, the can- didate will vote in the electoral college for the candidates of the party for President and Vice President. The Secretary of State shall prescribe the form of the pledge. The party shall certify the names of the selected candi- dates for elector to the Secretary of State not later than the 70th day before the election of electors. [Formerly 248.340; 1961 c.46 §1; 1961 c.667 §4; 1965 c.138 §1; 1975 c.779 §16; 1979 c.190 §89; 1993 c.797 §25; 2001 c.965 §2] 248.360 Election time and number of presidential electors to be elected; names of presidential electors not printed on ballot. (1) At the general election in a year when a President and Vice President of the United States are to be elected, the electors of this state shall elect as many electors of President and Vice President as this state is entitled to elect Senators and Represen- tatives in Congress. (2) The names of the electors shall not be printed on the general election ballot. A vote for the candidates for President and Vice President shall be a vote for the elec- tors supporting those candidates and selected as provided by law. The general election bal- lot shall state that electors of President and Vice President are being elected and that a vote for the candidates for President and Vice President shall be a vote for the elec- tors supporting those candidates. [Amended by 1979 c.190 §90; 1993 c.493 §4] 248.370 Convening of electors; vacan- cies; duties. The electors of President and Vice President shall convene at the State Capitol on the Monday after the second Wednesday in December following their election. If there is any vacancy in the office of an elector caused by death, refusal to act, neglect to attend or otherwise, the electors present immediately shall fill it by plurality of voice votes. When all the electors have appeared or the vacancies have been filled, the electors shall perform the duties required of them by the Constitution and laws of the United States. [Amended by 1979 c.190 §91; 1995 c.79 §88; 1995 c.607 §12] 248.380 Electors′ mileage expenses. An elector of President and Vice President of the United States who attends at the time and place appointed and votes for President and Vice President shall be entitled to re- ceive from this state mileage expenses at the rate allowed to members of the Legislative Assembly. [Amended by 1957 c.608 §63; 1979 c.190 §92; 1995 c.607 §13] 248.990 [1965 c.407 §17; 1975 c.779 §14; 1979 c.190 §93; repealed by 1987 c.718 §5] Title 23 Page 35 (2007 Edition)
  • 38. ELECTIONS Title 23 Page 36 (2007 Edition)
  • 39. Chapter 249 2007 EDITION Candidates; Recall GENERAL PROVISIONS 249.002 Definitions 249.004 Verification of documents 249.005 Acceptance of petition or minutes without original signatures 249.006 Official dating of petitions and declara- tions 249.008 Verification of signatures by county clerk; removal of signatures prohibited after submittal 249.009 Exclusive form of signature sheets for pe- titions; numbering of signature sheets; rules 249.012 Preservation of certain records 249.013 Candidacy for more than one office; effect of filing petition or declaration for more than one office without prior withdrawal; district and city offices MAJOR POLITICAL PARTY NOMINATIONS AND NOMINATIONS TO NONPARTISAN OFFICE (Generally) 249.016 Nomination of candidates of major poli- tical party or for nonpartisan office 249.020 Filing of candidates′ nominating petition or declaration of candidacy 249.023 Nomination of major political party can- didates who attain age of 18 years after deadline for filing nominating petition or declaration of candidacy 249.031 Contents of petition or declaration 249.035 Filing officer 249.037 Time for filing petition or declaration 249.042 Declaration or petition as evidence of candidacy 249.046 Party membership required for nomi- nation of party; effect of inactive regis- tration; exceptions 249.048 Unsuccessful candidate not eligible as candidate (Declarations of Candidacy) 249.056 Filing fees (Nominating Petitions) 249.061 One candidate per petition; prospective petition; statement regarding payment of petition circulators; certification of signa- ture sheets 249.064 Information required on petition; certi- fication of petition 249.068 Requirements regarding number and dis- tribution of persons signing partisan pe- titions 249.072 Requirements regarding number and dis- tribution of persons signing nonpartisan petitions 249.076 Qualifications of signers of petitions (Nomination of Presidential Candidate by Major Political Party) 249.078 Printing name of candidate for presiden- tial nomination of major party on ballot; discretion of Secretary of State; nominat- ing petition; petition requirements (Nomination to Nonpartisan Office) 249.088 Determining number of nominees; nomi- nation or election of candidate at nomi- nating election 249.091 Nomination of certain nonpartisan candi- dates without election (Withdrawal Before Nomination) 249.170 Withdrawal of candidacy; refund of filing fee (Withdrawal from Nomination) 249.180 Withdrawal of candidacy by nominee (Filling Vacancy in Nomination or Office) 249.190 Filling vacancy in nomination of major party; rules 249.200 Nomination by major party to fill vacancy in partisan office; exceptions; rules 249.205 Filling vacancy in nomination to nonpar- tisan office; nomination procedure to fill vacancy in nonpartisan office; rules NOMINATION OF CANDIDATES TO PARTISAN OFFICE BY OTHER THAN MAJOR POLITICAL PARTY (General Provisions) 249.705 Nomination by other than major party 249.712 Acceptance of nomination 249.720 Information to be contained in certificate of nomination 249.722 Time for filing certificate; filing officers; rules (Nomination by Assembly of Electors) 249.735 Qualification as assembly of electors; re- cords; notice; nomination by assembly 249.737 Filing officer for nomination by assembly of electors (Nomination by Individual Electors) 249.740 Certificates of nomination made by indi- vidual electors; statement regarding pay- ment of petition circulators; certification of signature sheets Title 23 Page 37 (2007 Edition)
  • 40. ELECTIONS (Register of Nominations) 249.810 Entries in register of nominations upon filing certificates (Withdrawals; Filling Vacancies) 249.830 Procedure for withdrawing nomination 249.842 Filling vacancy in nomination; rules 249.850 Filing of certificate to fill vacancy in nominations; notifying proper officials to make changes in general election ballots RECALL OF PUBLIC OFFICER 249.865 Filing prospective petition; contents of petition; statement regarding payment of petition circulators; certification of signa- ture sheets; effect of violation 249.870 Number of signers on recall petition 249.875 Time for completing filing; verification of signatures 249.876 Removal of signature after petition sub- mitted for verification 249.877 Statement of justification by public officer Title 23 Page 38 (2007 Edition)
  • 41. CANDIDATES; RECALL 249.008 GENERAL PROVISIONS 249.002 Definitions. As used in this chapter: (1) “Candidate” means an individual whose name is or is expected to be printed on the official ballot. (2) “County clerk” means the county clerk or the county official in charge of elections. (3) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (4) “Judge” means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court, or any county judge who exercises judicial functions. (5) “Member” means an individual who is registered as being affiliated with the pol- itical party. (6) “Minor political party” means a poli- tical party that has qualified as a minor pol- itical party under ORS 248.008. (7) “Nonpartisan office” means the office of judge, Superintendent of Public Instruc- tion, Commissioner of the Bureau of Labor and Industries, any elected office of a metro- politan service district under ORS chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, sheriff, district attorney or any of- fice designated nonpartisan by a home rule charter. (8) “Prospective petition” means the in- formation, except signatures and other iden- tification of petition signers, required to be contained in a completed petition. (9) “Public office” means any national, state, county, city or district office or posi- tion, except a political party office, filled by the electors. (10) “State office” means Governor, Sec- retary of State, State Treasurer, Attorney General, Commissioner of the Bureau of La- bor and Industries, Superintendent of Public Instruction, judge, state Senator, state Rep- resentative or district attorney. [1979 c.190 §94; 1983 c.350 §64; 1985 c.324 §1; 1987 c.707 §6; 1993 c.493 §5; 1995 c.92 §1; 1995 c.107 §1; 1995 c.607 §76; 2001 c.430 §1] 249.004 Verification of documents. (1) A filing officer may verify the validity of the contents of the documents filed with the of- ficer under this chapter. (2) When a copy of any election docu- ment filed under this chapter is presented to the filing officer with whom the original document was filed and a request is made to have the copy compared and certified, the filing officer shall compare the copy with the original and, if necessary, correct the copy and certify and deliver it to the person who presented it. [Formerly 249.014] 249.005 Acceptance of petition or min- utes without original signatures. (1) Not- withstanding ORS 249.008 and 249.875, a petition or minutes for which original signa- tures are otherwise required may be accepted by the county clerk for signature verifica- tion, or by another filing officer in the case of a recall petition, with photographic copies of one or more signature sheets if: (a) The signature sheets containing the original signatures were stolen or destroyed by fire, a natural disaster or other act of God; and (b) The photographic copy of each ori- ginal signature sheet contains the number of the original signature sheet prescribed by the Secretary of State under ORS 249.009. (2) As used in this section, “act of God” means an unanticipated grave natural disas- ter or other natural phenomenon of an ex- ceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exer- cise of due care or foresight. [1989 c.68 §11] 249.006 Official dating of petitions and declarations. Immediately upon filing, a nominating petition, declaration of candi- dacy, withdrawal, certificate of nomination or other document required to be filed under this chapter shall be dated and time stamped by the filing officer. [Formerly 249.130] 249.007 [1985 c.508 §4; repealed by 1995 c.607 §91] 249.008 Verification of signatures by county clerk; removal of signatures pro- hibited after submittal. (1) Except as pro- vided in subsection (2) of this section, before a nominating petition, minutes of an assem- bly of electors, or petition by individual electors is offered for filing, the county clerk of each county in which the signatures were secured shall compare the signatures of electors on the petition or minutes with the signatures of the electors on the elector reg- istration cards. Any petition or minutes sub- mitted for verification under this section shall contain only original signatures. The county clerk shall attach to the petition or minutes a certificate stating the number of signatures believed to be genuine. The cer- tificate is prima facie evidence of the facts stated in it. A signature not included in the number certified to be genuine shall not be counted by the officer with whom the peti- tion is filed. No signature in violation of the provisions of this chapter shall be counted. (2) If the total number of signatures pre- sented to a county clerk for verification is 15,000 or more, the county clerk may use a statistical sampling technique authorized by the Secretary of State to verify the signa- tures. The sample shall be drawn from at Title 23 Page 39 (2007 Edition)
  • 42. 249.009 ELECTIONS least 100 percent of the number of signatures required for nomination. (3) After signatures of electors on a nominating petition, minutes of an assembly of electors or petition by individual electors are submitted for verification, no elector who signed the petition or minutes may remove the signature of the elector from the petition or minutes. [Formerly 249.055; 1985 c.808 §10; 1989 c.68 §2; 1993 c.493 §6] 249.009 Exclusive form of signature sheets for petitions; numbering of signa- ture sheets; rules. (1) The Secretary of State by rule shall: (a) Design the form of nominating or re- call petitions, certificates of nomination by individual electors, minutes of an assembly of electors or minor political party formation petitions; and (b) Prescribe a system for numbering all signature sheets of nominating or recall pe- titions, certificates of nomination by individ- ual electors, minutes of an assembly of electors or minor political party formation petitions. (2) Regardless of any provision to the contrary in a county or city charter or ordi- nance, for the purpose of nominating city or county candidates, recalling city or county officers or forming a minor political party, an individual must use the applicable form designed under this section. [Formerly 246.180; 1985 c.808 §11; 1989 c.68 §3] 249.010 [Repealed by 1957 c.608 §231] 249.011 [1957 c.608 §65(1); repealed by 1979 c.190 §431] 249.012 Preservation of certain re- cords. Certificates of nomination, accept- ances and withdrawals shall be preserved for two years after the election to which they relate. [1979 c.190 §99] 249.013 Candidacy for more than one office; effect of filing petition or declara- tion for more than one office without prior withdrawal; district and city offices. (1) No person shall be a candidate for more than one lucrative office to be filled at the same election. (2) No person shall file a nominating pe- tition or declaration of candidacy for more than one lucrative office or more than one office of precinct committeeperson before the date of the election at which a person will be nominated or elected to each office unless the person first files a written withdrawal, under ORS 249.170, of the person′s initial filing. (3) If at any time before the date of the election at which a person will be nominated or elected to each office it is determined that a person has filed two or more nominating petitions or declarations of candidacy for any lucrative office or two or more nominating petitions or declarations of candidacy for the office of precinct committeeperson without written withdrawal or withdrawals interven- ing, all such filings shall be invalid and any other filing made by the same person shall be void. (4)(a) No person shall be a candidate for more than one district office to be filled at the same election. This paragraph does not apply to a district that has fewer than 10,000 electors residing within the district. (b) No person shall be a candidate for more than one position on the same district board to be filled at the same election. (c) As used in this subsection, “district” means a district as defined in ORS 255.012. (5) No person shall be a candidate for more than one city office to be filled at the same election. (6) Notwithstanding any provision of this section, in the case of a vacancy to be filled by election, the same person is eligible for nomination and election to both the unex- pired and the succeeding terms. The name of the candidate may be placed on the ballot in both places. [Formerly 249.750; 1991 c.971 §15; 1995 c.606 §6a; 1995 c.607 §14; 1999 c.318 §49; 2001 c.965 §3] 249.014 [1961 c.64 §2; 1971 c.749 §76; 1979 c.190 §95; renumbered 249.004] 249.015 [1979 c.190 §101; 1983 c.514 §6; repealed by 2005 c.797 §73] MAJOR POLITICAL PARTY NOMINATIONS AND NOMINATIONS TO NONPARTISAN OFFICE (Generally) 249.016 Nomination of candidates of major political party or for nonpartisan office. A candidate of a major political party for public office or a candidate for nonparti- san office shall be nominated only in the manner provided in ORS 249.016 to 249.205. [1957 c.608 §65 (2); 1979 c.190 §102; 1993 c.797 §7; 2001 c.721 §4] 249.020 Filing of candidates′ nominat- ing petition or declaration of candidacy. (1) An eligible elector may become a candi- date for nonpartisan office, or for the nomi- nation to an office by the major political party of which the elector is a member, by filing a nominating petition or a declaration of candidacy. (2) At the time of filing, a declaration of candidacy shall be accompanied by the filing fee specified in ORS 249.056. (3) At the time of filing, a nominating petition shall contain the signature sheets described under ORS 249.064. [Amended by 1957 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 party candidates who attain age of 18 years after deadline for filing nominating petition or declaration of candidacy. Not- withstanding any provision of this chapter, and except as provided in section 8, Article IV, Oregon Constitution, and section 2, Arti- cle V, Oregon Constitution, an otherwise qualified person who will attain the age of 18 years after the deadline for filing a nomi- nating petition or declaration of candidacy for nomination to any major political party office and on or before the date of the pri- mary election, and who is registered as a member of the major political party not later than the date of the primary election, is eli- gible to file a nominating petition for nomi- nation to any major political party office, to be listed on the ballot and to be nominated for the office, including by write-in votes. [1993 c.583 §4; 1995 c.712 §24] 249.025 [1973 c.283 §2; repealed by 1979 c.190 §431] 249.030 [Repealed by 1957 c.608 §231] 249.031 Contents of petition or decla- ration. (1) Except as provided in subsection (2) of this section, a nominating petition or declaration of candidacy shall contain: (a) The name by which the candidate is commonly known. A candidate may use a nickname in parentheses in connection with the candidate′s full name. (b) Address information as required by the Secretary of State by rule. (c) The office and department or position number, if any, for which the candidate seeks nomination. (d) If the candidate is seeking the nomi- nation of a major political party, the name of the major political party of which the candidate will have been a member, subject to the exceptions stated in ORS 249.046, dur- ing at least 180 days before the deadline for filing a nominating petition or declaration of candidacy. (e) A statement that the candidate is willing to accept the nomination or election or, regarding a candidate for precinct com- mitteeperson, that the candidate accepts the office if elected. (f) A statement that the candidate will qualify if elected. (g) If the candidate is seeking the nomi- nation of a major political party, a statement that the candidate, if not nominated, will not accept the nomination or indorsement of any political party other than the one of which the candidate is a member on the date the petition or declaration is filed. (h) The signature of the candidate. (i) A statement of the candidate′s occu- pation, educational and occupational back- ground and prior governmental experience. (2) Subsection (1)(i) of this section does not apply to a candidate for election as a precinct committeeperson. (3) A declaration of candidacy shall in- clude a statement that the required fee is included with the declaration. (4) If required by the national rules of the major political party, the declaration of a candidate for election as a precinct com- mitteeperson shall include the name of the individual the candidate supports for Presi- dent of the United States or “uncommitted” or “no preference.” [1957 c.608 §68; 1961 c.336 §1; 1961 c.667 §5; 1969 c.245 §1; 1975 c.779 §18; 1979 c.190 §104; 1981 c.173 §20; 1983 c.7 §1; 1983 c.567 §5; 1989 c.1054 §14; 1991 c.87 §3; 1991 c.719 §5; 1995 c.607 §15] 249.035 Filing officer. A nominating pe- tition or declaration of candidacy relating to a candidate for: (1) State office, United States Senator or Representative in Congress shall be filed with the Secretary of State. (2) County office or precinct committee- person shall be filed with the county clerk. (3) City office shall be filed with the chief city elections officer. (4) Any elected office of a metropolitan service district under ORS chapter 268 shall be filed with the county clerk of the county in which the administrative office of the dis- trict is located. (5) Any other office shall be filed under ORS chapter 255. [1979 c.190 §105; 1981 c.173 §21; 1981 c.485 §3; 1983 c.350 §65; 1985 c.808 §12; 1993 c.493 §89] 249.037 Time for filing petition or dec- laration. (1) A nominating petition or decla- ration of candidacy shall be filed not sooner than the 250th day and not later than the 70th day before the date of the primary election. (2) Notwithstanding subsection (1) of this section, a declaration of candidacy for the office of precinct committeeperson may not be filed before February 1 immediately pre- ceding the primary election. [Formerly 249.060; 1987 c.267 §16; 1995 c.607 §§16,16a; 1995 c.712 §25; 1999 c.999 §37; 2001 c.145 §1; 2005 c.797 §32] 249.040 [Repealed by 1957 c.608 §231] 249.041 [1957 c.608 §69; 1975 c.779 §19; 1979 c.190 §113; renumbered 249.068] 249.042 Declaration or petition as evi- dence of candidacy. When an elector files with the appropriate filing officer the state- ment and prospective petition under ORS 249.061, or a declaration of candidacy, it is conclusive evidence that the elector is a candidate for nomination or election by the elector′s political party or to the nonpartisan Title 23 Page 41 (2007 Edition)
  • 44. 249.046 ELECTIONS office stated in the petition or declaration. [1979 c.190 §107; 2007 c.155 §2] 249.046 Party membership required for nomination of party; effect of inactive registration; exceptions. If a candidate has not been a member of the major political party for at least 180 days before the dead- line for filing a nominating petition or dec- laration of candidacy, the candidate shall not be entitled to receive the nomination of that major political party. If a candidate′s regis- tration becomes inactive, the inactive status shall not constitute a lapse of membership in the party if, immediately before the registra- tion became inactive, the candidate was a member of the party and was not a member of any other political party within the 180 days preceding the deadline for filing a nom- inating petition or declaration of candidacy. The requirement that the candidate be quali- fied by length of membership does not apply to any candidate whose 18th birthday falls within the period of 180 days or to a write-in candidate. [1979 c.190 §108; 1991 c.719 §6; 1995 c.742 §11] 249.048 Unsuccessful candidate not el- igible as candidate. A candidate for nomi- nation of a major political party to a public office who fails to receive the nomination may not be the candidate of any other poli- tical party or a nonaffiliated candidate for the same office at the succeeding general election. The filing officer may not certify the name of the candidate. [Formerly 249.420; 2005 c.797 §62] 249.050 [Repealed by 1957 c.608 §231] 249.051 [1957 c.608 §70; 1979 c.190 §115; renumbered 249.076] 249.055 [1957 c.608 §71; 1959 c.177 §1; 1977 c.508 §4; 1979 c.190 §97; renumbered 249.008] (Declarations of Candidacy) 249.056 Filing fees. (1) At the time of filing a declaration of candidacy a candidate for the following offices shall pay to the offi- cer with whom the declaration is filed the following fee: (a) United States Senator, $150. (b) Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, Su- perintendent of Public Instruction, Represen- tative in Congress, judge of the Supreme Court, Court of Appeals or Oregon Tax Court, or executive officer or auditor of a metropolitan service district, $100. (c) County office, district attorney or cir- cuit court judge, $50. (d) State Senator or Representative or councilor of a metropolitan service district under ORS chapter 268, $25. (2) No filing fee shall be required of per- sons filing a declaration of candidacy for precinct committeeperson or justice of the peace. [Formerly 249.271; 1981 c.173 §22; 1983 c.567 §6; 1993 c.493 §90] 249.060 [Amended by 1957 c.608 §72; 1971 c.749 §77; 1973 c.827 §24c; 1979 c.190 §106; renumbered 249.037] (Nominating Petitions) 249.061 One candidate per petition; prospective petition; statement regarding payment of petition circulators; certifica- tion of signature sheets. (1) A petition for nomination may not contain the name of more than one candidate. (2) Before circulating a nominating peti- tion, the candidate shall deliver to the officer with whom the petition will be filed: (a) A statement signed by the candidate indicating that the candidacy is by prospec- tive petition; and (b) A copy of the prospective petition. (3) The candidate shall include with the nominating petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the nomi- nating petition. After the nominating petition is filed, the candidate shall notify the filing officer not later than the 10th day after the candidate first has knowledge or should have had knowledge that: (a) Any person is being paid for obtaining signatures, when the statement included with the nominating petition declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the nominating petition declared that one or more such persons would be paid. (4) The circulator shall certify on each signature sheet that the circulator: (a) Witnessed the signing of the signature sheet by each individual whose signature ap- pears on the signature sheet; and (b) Believes each individual is an elector 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; 2007 c.848 §23] 249.064 Information required on peti- tion; certification of petition. (1) A nomi- nating petition of a candidate seeking the nomination of a major political party shall contain a statement that each elector whose signature appears on the petition is a mem- ber of the same major political party as is the candidate. (2) A nominating petition of any candi- date shall contain the number of signatures of electors required by ORS 249.068 or 249.072 and the residence or mailing address Title 23 Page 42 (2007 Edition)
  • 45. CANDIDATES; RECALL 249.072 and name or number of the precinct, if known, of each elector whose signature ap- pears. (3) Pursuant to ORS 249.008, the county clerks shall certify the signatures contained in the nominating petition for genuineness. [1979 c.190 §112; 2007 c.155 §4; 2007 c.881 §3] 249.068 Requirements regarding num- ber and distribution of persons signing partisan petitions. (1) Except as otherwise provided for a candidate for nonpartisan of- fice in ORS 249.072: (a) A nominating petition for an office to be voted for in the state at large or for a candidate for Representative in Congress shall contain signatures of members of the same major political party as the candidate. Except as provided in this subsection, there shall be at least 1,000 signatures or the number of signatures at least equal to two percent of the vote cast in the state or con- gressional district, as the case may be, for the candidates of that major political party for presidential electors at the last presiden- tial election, whichever is less; (b) For an election next following any change in the boundaries of a congressional district, there shall be at least 1,000 signa- tures or the number of signatures at least equal to two percent of the average number of votes cast in all congressional districts in this state, as the case may be, for the candi- dates of that major political party for presi- dential electors at the last presidential election, whichever is less; (c) In the case of a candidate nominated by a major political party that did not nomi- nate presidential electors at the last presi- dential election, there shall be at least 1,000 signatures; and (d) If the office is one to be voted for in the state at large, the signatures shall in- clude those of electors registered in at least five percent of the precincts in each of at least seven counties. If the office is one to be voted for in a congressional district the signatures shall include those of electors registered in at least five percent of the pre- cincts in each of at least one-fourth of the counties in the congressional district. (2) Except as otherwise provided in this section or for a candidate for nonpartisan office in ORS 249.072: (a) A nominating petition for an office not provided for in subsection (1) of this sec- tion shall contain the signatures of electors who are members of the same major political party as the candidate. There shall be at least 500 signatures or the number of signa- tures at least equal to two percent of the vote in the electoral district for the candi- dates of that major political party for presi- dential electors at the last presidential election, whichever is less; (b) In the case of major political party candidates for the office of state Senator or state Representative, for an election next following any change in the boundaries of the districts of state Senators or state Rep- resentatives under section 6, Article IV of the Oregon Constitution, there shall be at least 500 signatures or the number of signa- tures at least equal to two percent of the average number of votes cast in all state senatorial or state representative districts in this state, as the case may be, for the candi- dates of that major political party for presi- dential electors at the last presidential election, whichever is less; (c) In the case of a candidate nominated by a major political party that did not nomi- nate presidential electors at the last presi- dential election, there shall be at least 500 signatures; (d) If the office under this subsection is to be voted for in more than one county, the signatures shall include those of electors registered in at least six percent of the pre- cincts in the electoral district that are lo- cated in each of two or more of the counties, or portions of the counties, within which the electoral district is located. If six percent of the precincts of the electoral district in one of the counties or portion thereof does not constitute a whole precinct, the nominating petition shall contain signatures from at least one precinct in that county; and (e) If the office is to be voted for in only one county or in a city, the signatures shall include those of electors registered in at least 10 percent of the precincts in the elec- 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; 2001 c.721 §5; 2005 c.797 §34] 249.070 [1957 c.608 §73; 1979 c.190 §231; renumbered 254.076] 249.072 Requirements regarding num- ber and distribution of persons signing nonpartisan petitions. (1) If the nonparti- san office is to be voted for in the state at large, the nominating petition shall contain at least 1,000 signatures of electors, or a number of signatures of electors equal to at least one percent of the vote cast in the state for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term, which- ever is less. The signatures shall include those of electors registered in each of at least five percent of the precincts in each of at least seven counties. (2) The nominating petition for a nonpar- tisan office not provided for in subsection (1) of this section shall contain at least 500 sig- natures of electors in the electoral district, Title 23 Page 43 (2007 Edition)
  • 46. 249.076 ELECTIONS or a number of signatures of electors equal to at least one percent of the vote cast in the electoral district for all candidates for Gov- ernor at the most recent election at which a candidate for Governor was elected to a full term, whichever is less. In addition: (a) If an office under this subsection is to be voted for in more than one county, the signatures shall include those of electors registered in each of at least six percent of the precincts in the electoral district that are located in each of two or more of the counties, or portions of the counties, within which the electoral district is located. If six percent of the precincts of the electoral dis- trict in one of the counties or portion thereof does not constitute a whole precinct, the nominating petition shall contain signatures from at least one precinct in that county. (b) If the office is to be voted for in only one county or in a city, the signatures shall include those of electors registered in each of at least 10 percent of the precincts in the electoral district. [Formerly 252.810; 1987 c.707 §7; 1989 c.174 §2; 1999 c.410 §23] 249.076 Qualifications of signers of petitions. (1) A person who is not a member of the same major political party as the can- didate for nomination by the major political party may not sign the nominating petition of the candidate. (2) Any elector may sign: (a) A nominating petition or certificate of nomination of any candidate for nonparti- san office; (b) A nominating petition or certificate of nomination of any nonaffiliated candidate; and (c) Nominating petitions or certificates of nomination for more than one candidate for the same office. [Formerly 249.051; 1981 c.173 §23; 2005 c.797 §63] (Nomination of Presidential Candidate by Major Political Party) 249.078 Printing name of candidate for presidential nomination of major party on ballot; discretion of Secretary of State; nominating petition; petition re- quirements. (1) The name of a candidate for a major political party nomination for Presi- dent of the United States shall be printed on the ballot only: (a) By direction of the Secretary of State who in the secretary′s sole discretion has determined that the candidate′s candidacy is generally advocated or is recognized in na- tional news media; or (b) By nominating petition described in this section and filed with the Secretary of State. (2) A petition nominating a candidate under this section shall contain from each congressional district the signatures of at least 1,000 electors who are registered in the district and who are members of the major political party of the candidate. The electors in each congressional district shall include electors registered in at least five percent of the precincts in each of at least one-fourth of the counties in the congressional district. The petition shall contain the printed name, residence or mailing address and name or number of the precinct, if known, of each elector whose signature appears on the peti- tion. The signatures shall be certified for genuineness by the county clerks under ORS 249.008. (3) Before circulating the nominating pe- tition, the chief sponsor shall file with the Secretary of State a signed copy of the pro- spective petition. The chief sponsor shall in- clude with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the petition. After the prospec- tive petition is filed, the chief sponsor shall notify the Secretary of State not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that: (a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid. [1979 c.190 §116; 1981 c.173 §24; 1983 c.756 §4; 1987 c.267 §17; 1995 c.712 §26; 1999 c.410 §24; 1999 c.999 §38; 2007 c.154 §8; 2007 c.155 §5] 249.080 [Repealed by 1957 c.608 §231] 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 to Nonpartisan Office) 249.088 Determining number of nomi- nees; nomination or election of candidate at nominating election. (1) Unless other- wise provided by a home rule charter, at the nominating election held on the date of the primary election, two candidates shall be nominated for the nonpartisan office. How- ever, when a candidate, other than a candi- date for the office of sheriff, a candidate for the office of county clerk, a candidate for the office of county treasurer or a candidate to fill a vacancy, receives a majority of the votes cast for the office at the nominating election, that candidate is elected. (2) When a candidate for the office of sheriff, the office of county clerk, the office Title 23 Page 44 (2007 Edition)
  • 47. CANDIDATES; RECALL 249.200 of county treasurer or a candidate to fill a vacancy receives a majority of votes cast for the office at the nominating election, that candidate alone is nominated. [1979 c.190 §118; 1979 c.451 §5; 1979 c.587 §3; 1983 c.350 §66; 1989 c.218 §1; 1991 c.719 §7; 1993 c.493 §12; 1995 c.92 §2; 1995 c.607 §77; 1995 c.712 §27] 249.090 [Amended by 1957 c.608 §74; 1975 c.766 §5; 1977 c.829 §6; repealed by 1979 c.190 §431] 249.091 Nomination of certain nonpar- tisan candidates without election. Unless otherwise provided by a home rule charter, if a nominating petition or declaration of candidacy is filed by no more than two can- didates for the office of sheriff, the office of county treasurer or the office of county clerk or by no more than two candidates to fill a vacancy in a nonpartisan office: (1) The candidate or candidates shall be the nominee or nominees for the office; and (2) The name or names of the candidate or candidates may not be printed on the bal- lot at the nominating election. [1995 c.92 §4; 1995 c.607 §77a; 2007 c.154 §9] 249.100 [Amended by 1975 c.675 §11; repealed by 1979 c.190 §431] 249.110 [Amended by 1957 c.608 §75; 1961 c.121 §1; 1975 c.675 §12; repealed by 1979 c.190 §431] 249.120 [Repealed by 1957 c.608 §231] 249.130 [1967 c.126 §3; 1979 c.190 §96; renumbered 249.006] 249.150 [Formerly 249.280; 1973 c.827 §24d; 1975 c.675 §13; repealed by 1979 c.190 §431] 249.160 [1967 c.126 §§2,4; 1979 c.190 §119; 1987 c.267 §19; repealed by 1995 c.607 §91] (Withdrawal Before Nomination) 249.170 Withdrawal of candidacy; re- fund of filing fee. (1) A candidate who has filed a declaration of candidacy or a nomi- nating petition may withdraw not later than the 67th day before the date of the primary election by filing a statement of withdrawal with the filing officer with whom the decla- ration or petition was filed. The statement shall be made under oath and state the rea- sons for withdrawal. (2) The official with whom a declaration of candidacy is filed, upon request received not later than the 67th day before the date of the primary election, shall refund the fil- ing fee of a candidate who dies, withdraws or becomes ineligible for the nomination. [1979 c.190 §120; 1987 c.267 §20; 1995 c.712 §29] (Withdrawal from Nomination) 249.180 Withdrawal of candidacy by nominee. Any person who has been nomi- nated at a primary election, or any person who has been nominated to fill a vacancy as provided in ORS 188.120 or 249.190 and 249.200, may withdraw from nomination by filing a written statement declining the nomination and stating the reason for with- drawal. The statement shall be signed by the candidate and filed not later than the 67th day before the general election with the offi- cer with whom the candidate′s declaration of candidacy or nominating petition was filed. [Formerly 249.680; 1985 c.471 §6; 1987 c.267 §21; 1995 c.712 §30; 1999 c.318 §3] (Filling Vacancy in Nomination or Office) 249.190 Filling vacancy in nomination of major party; rules. (1) Except as pro- vided in ORS 254.650, a vacancy in the nom- ination of a major political party candidate may be filled before the date of the general election by that political party in a manner prescribed by party rule. (2) Immediately after selecting a new nominee, the party, by the most expeditious means practicable, shall notify the filing of- ficer with whom a declaration of candidacy for the office is filed of the name of the nominee. (3) The Secretary of State by rule may adopt a schedule specifying the period fol- lowing a vacancy within which a major poli- tical party must notify the filing officer of the name of the new nominee. [1979 c.190 §122; 1985 c.808 §15; 2003 c.542 §23] 249.200 Nomination by major party to fill vacancy in partisan office; exceptions; rules. (1) A major political party may nomi- nate a candidate to fill a vacancy in a parti- san elective office in the following manner: (a) If the vacancy occurs on or before the 70th day before a primary election, by se- lecting a nominee at the next primary election; or (b) If the vacancy occurs after the 70th day before the primary election but before the 61st day before the general election, by selecting a nominee as provided by party rule. (2) The procedure under subsection (1) of this section shall not apply in any case in which one of the following specific proce- dures for filling a vacancy applies: (a) The procedure specified in ORS 188.120 for the offices of Representative in Congress and United States Senator. (b) The appointment procedure specified in ORS 171.051 to 171.064 for state legislative office. (c) The procedure specified in ORS chap- ter 236 for county office. (d) The procedure specified in ORS chap- ter 221 for city office. (3) A party that selects a nominee under subsection (1)(b) of this section, immediately after the nomination, shall notify the filing officer with whom a declaration of candidacy Title 23 Page 45 (2007 Edition)
  • 48. 249.205 ELECTIONS for the office is filed of the name of the nominee by the most expeditious means practicable. (4) The Secretary of State by rule may adopt a schedule specifying the period fol- lowing a vacancy within which a major poli- tical party that selects a nominee under subsection (1)(b) of this section must notify the filing officer of the name of the nominee under subsection (3) of this section. [1979 c.190 §123; 1985 c.586 §3; 1985 c.808 §16; 1987 c.267 §22; 1987 c.380 §4; 1987 c.549 §5; 1995 c.607 §17; 1995 c.712 §31] 249.205 Filling vacancy in nomination to nonpartisan office; nomination proce- dure to fill vacancy in nonpartisan office; rules. (1) If the only candidate nominated to a nonpartisan office dies, withdraws or be- comes ineligible, or if a vacancy occurs in the nonpartisan office after the 70th day be- fore the nominating election and on or before the 62nd day before the general election, a candidate for the office may file a declara- tion of candidacy in the manner provided for nonpartisan office or shall be nominated by nominating petition in the manner provided for nonpartisan office. (2) The Secretary of State by rule may adopt a schedule for filing nominating pe- titions or declarations of candidacy under this section. The schedule may specify the period within which nominating petitions or declarations of candidacy must be filed after a vacancy occurs. [Formerly 252.060; 1981 c.173 §25; 1983 c.7 §2; 1983 c.567 §8; 1985 c.808 §17; 1995 c.607 §18; 1999 c.318 §4] 249.210 [Amended by 1957 c.608 §76; 1975 c.675 §14; 1975 c.779 §20a; repealed by 1979 c.190 §431] 249.220 [Repealed by 1957 c.608 §231] 249.221 [1957 c.608 §78; 1961 c.336 §2; 1961 c.667 §6; 1969 c.245 §2; 1975 c.779 §21; repealed by 1979 c.190 §431] 249.230 [Repealed by 1957 c.608 §231] 249.240 [Repealed by 1957 c.608 §231] 249.250 [Repealed by 1957 c.608 §231] 249.260 [Amended by 1957 c.608 §79; 1971 c.749 §78; repealed by 1979 c.190 §431] 249.270 [Repealed by 1957 c.608 §231] 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] 249.280 [Amended by 1957 c.608 §81; 1961 c.76 §1; renumbered 249.150] 249.310 [Repealed by 1979 c.190 §431] 249.320 [Amended by 1957 c.608 §87; repealed by 1979 c.190 §431] 249.330 [Amended by 1955 c.726 §7; repealed by 1957 c.608 §231] 249.340 [Amended by 1965 c.417 §1; repealed by 1979 c.190 §431] 249.350 [Amended by 1957 c.608 §88; 1961 c.121 §2; repealed by 1979 c.190 §431] 249.352 [Formerly 249.530; 1961 c.121 §3; repealed by 1979 c.190 §431] 249.354 [Formerly 249.550; 1963 c.174 §1; subsection (7) enacted as 1967 c.26 §2; 1969 c.245 §3; 1973 c.154 §2; 1975 c.779 §23; 1977 c.508 §5; 1979 c.190 §235; 1979 c.409 §1; renumbered 254.115] 249.356 [1957 c.608 §103; 1961 c.68 §1; 1975 c.675 §15; repealed by 1979 c.190 §431] 249.358 [Formerly 249.540; 1961 c.74 §1; 1967 c.340 §1; repealed by 1979 c.190 §431] 249.360 [Repealed by 1957 c.608 §231] 249.362 [Formerly 249.570; 1979 c.190 §239; renum- bered 254.155] 249.364 [Formerly 249.580; 1979 c.190 §388; renum- bered 260.675] 249.366 [Formerly 249.510; 1979 c.190 §259; renum- bered 254.365] 249.367 [1969 c.101 §3; 1977 c.829 §7; repealed by 1979 c.190 §431] 249.368 [Formerly 249.600; 1959 c.390 §1; 1961 c.170 §1; 1969 c.101 §1; repealed by 1979 c.190 §431] 249.369 [1957 c.608 §107; 1961 c.114 §10; 1977 c.352 §3; repealed by 1979 c.190 §431] 249.370 [Amended by 1957 c.608 §89; repealed by 1979 c.190 §431] 249.375 [1963 c.345 §§2,3; repealed by 1979 c.190 §431] 249.380 [Amended by 1957 c.608 §90; 1961 c.139 §1; repealed by 1979 c.190 §431] 249.385 [1963 c.337 §2; repealed by 1979 c.190 §431] 249.390 [Repealed by 1957 c.608 §231] 249.400 [Amended by 1955 c.498 §12; repealed by 1957 c.608 §231] 249.410 [Amended by 1957 c.608 §91; repealed by 1979 c.190 §431] 249.420 [Amended by 1957 c.608 §92; 1979 c.190 §109; renumbered 249.048] 249.430 [Amended by 1957 c.608 §93; repealed by 1979 c.190 §431] 249.440 [Amended by 1957 c.608 §94; repealed by 1979 c.190 §431] 249.450 [Amended by 1957 c.608 §95; repealed by 1979 c.190 §431] 249.460 [Amended by 1957 c.608 §96; 1969 c.81 §1; 1975 c.675 §16; repealed by 1979 c.190 §431] 249.470 [Amended by 1957 c.608 §97; 1975 c.675 §17; repealed by 1979 c.190 §431] 249.480 [Amended by 1957 c.608 §98; 1975 c.675 §18; repealed by 1979 c.190 §431] 249.490 [Repealed by 1957 c.608 §231] 249.491 [1957 c.608 §99; 1979 c.190 §278; renumbered 254.565] 249.505 [1971 c.29 §3; repealed by 1973 c.125 §1] 249.510 [Amended by 1957 c.608 §100; renumbered 249.366] 249.515 [1971 c.29 §4; repealed by 1973 c.125 §1] 249.520 [Repealed by 1957 c.608 §231] 249.525 [1971 c.29 §5; repealed by 1979 c.190 §431] 249.530 [Amended by 1957 c.608 §101; renumbered 249.352] 249.535 [1971 c.29 §6; repealed by 1973 c.125 §1] 249.540 [Amended by 1957 c.608 §102; renumbered 249.358] 249.545 [1971 c.29 §2; repealed by 1979 c.190 §431] 249.550 [Amended by 1957 c.608 §104; renumbered 249.354] 249.560 [Repealed by 1957 c.608 §231] 249.570 [Amended by 1957 c.608 §105; renumbered 249.362] Title 23 Page 46 (2007 Edition)
  • 49. CANDIDATES; RECALL 249.722 249.580 [Amended by 1957 c.608 §106; renumbered 249.364] 249.590 [Repealed by 1957 c.608 §231] 249.600 [Amended by 1957 c.608 §108; renumbered 249.368] 249.610 [Repealed by 1957 c.608 §231] 249.640 [1975 c.779 §24; 1977 c.829 §8; repealed by 1979 c.190 §431] 249.650 [1957 c.608 §82; repealed by 1975 c.799 §28] 249.652 [1973 c.527 §5; repealed by 1975 c.799 §28] 249.654 [1973 c.527 §§6,7,8; 1975 c.779 §25; 1979 c.190 §394; renumbered 188.120] 249.655 [1957 c.608 §83; repealed by 1973 c.527 §10] 249.656 [1973 c.527 §9; repealed by 1975 c.799 §28] 249.660 [1957 c.608 §84; 1973 c.773 §6; repealed by 1975 c.799 §28] 249.665 [1957 c.608 §85; 1973 c.773 §7; repealed by 1975 c.799 §28] 249.670 [1957 c.608 §86; repealed by 1975 c.799 §28] 249.680 [1961 c.73 §2; 1975 c.779 §26; 1979 c.190 §121; renumbered 249.180] NOMINATION OF CANDIDATES TO PARTISAN OFFICE BY OTHER THAN MAJOR POLITICAL PARTY (General Provisions) 249.705 Nomination by other than major party. A minor political party, as- sembly of electors or individual electors may nominate one candidate for each partisan public office to be filled at the general election by preparing and filing a certificate of nomination as provided in ORS 249.712 to 249.850. [1979 c.190 §125] 249.710 [Amended by 1957 c.608 §109; 1963 c.176 §1; 1977 c.829 §9; repealed by 1979 c.190 §431] 249.712 Acceptance of nomination. (1) To complete a nomination, the nominee must accept the nomination. (2) The acceptance of the nominee may be indorsed upon the certificate of nomi- nation and signed by the nominee, or it may be indorsed by a letter or telegram from the nominee attached to the certificate and filed with it. If the acceptance does not accom- pany the certificate of nomination, the nomi- nee, at any time after the certificate is filed and before the time for filing nominations for the office has expired, may file an acceptance in the same manner and in the same office where the certificate is filed. The officer with whom the acceptance is filed shall indorse it and attach it to the certificate of nomination to which it refers. [Formerly 249.760] 249.715 [1977 c.324 §2; 1979 c.190 §130; renumbered 249.735] 249.720 Information to be contained in certificate of nomination. (1) A certificate of nomination shall contain: (a) The name by which the candidate is commonly known. A candidate may use a nickname in parentheses in connection with the full name. (b) Address information as required by the Secretary of State by rule. (c) The office, and department or position number if any, for which the candidate is nominated. (d) The name of the minor political party, if any, that nominated the candidate. (e) If the candidate is nominated for a partisan office by an assembly of electors or individual electors, the word “nonaffiliated” and a statement that the candidate has not been a member of a major or minor political party during at least 180 days before the deadline for filing the certificate of nomi- nation. (f) A statement that the candidate will qualify if elected. (g) The signature of the candidate. (h) A statement of the candidate′s occu- pation, educational and occupational back- ground and prior governmental experience. (2) For certificates of nomination of can- didates for electors of President and Vice President of the United States, the names of the candidates for President and Vice Presi- dent the candidates represent may be added to the name of the minor political party or the word “nonaffiliated,” as the case may be. The names of all the candidates of a minor political party, or nonaffiliated candidates, for electors of President and Vice President may be upon the same certificate of nomi- nation. (3) A certificate of nomination made by an assembly of electors shall be signed by the presiding officer and secretary of the nominating convention of the assembly. A certificate of nomination made by a minor political party shall be signed by an officer of the party. An affidavit shall be made on the certificate by the presiding officer and secretary of the nominating convention of the assembly or by the officer of the minor political party and signed and acknowledged by them before a notary public. The affidavit shall be that the statements in the certificate of nomination and related documents are true. With respect to an assembly of electors, the affidavit shall state that the assembly satisfied the requirements of ORS 249.735. [Amended by 1957 c.608 §110; 1961 c.336 §3; 1973 c.841 §2; 1975 c.678 §24; 1979 c.190 §127; 1981 c.142 §1; 1991 c.719 §8; 1993 c.797 §13; 1995 c.607 §19; 2005 c.797 §35] 249.722 Time for filing certificate; fil- ing officers; rules. (1) Except as provided in subsection (3) of this section, a certificate of nomination of a candidate for public office shall be filed not sooner than the 15th day after the date of the primary election and not Title 23 Page 47 (2007 Edition)
  • 50. 249.735 ELECTIONS later than the 70th day before the date of the general election. (2) A certificate of nomination of a can- didate for: (a) State office, United States Senator or Representative in Congress shall be filed with the Secretary of State. (b) County office shall be filed with the county clerk. (c) City office shall be filed with the chief city elections officer. (3) For a special election, including an election to fill a vacancy that occurs after the 70th day before the general election, the Secretary of State by rule may adopt a schedule specifying the period within which a certificate of nomination must be filed. If the Secretary of State does not adopt a rule under this subsection, a certificate of nomi- nation must be filed before the 61st day pre- ceding the election. [1979 c.190 §128; 1987 c.267 §23; 1993 c.493 §§8,9; 1995 c.607 §20; 1995 c.712 §32; 1999 c.999 §39; 2001 c.145 §2; 2005 c.593 §3; 2005 c.797 §33] 249.730 [Amended by 1957 c.608 §111; 1963 c.176 §2; 1977 c.324 §3; repealed by 1979 c.190 §431] 249.732 [1979 c.190 §129; 1983 c.756 §6; 1989 c.923 §28; repealed by 1993 c.493 §113 and 1993 c.797 §33] (Nomination by Assembly of Electors) 249.735 Qualification as assembly of electors; records; notice; nomination by assembly. (1) An assembly of electors is an organized body: (a) Of not fewer than 1,000 electors of the state for a statewide nomination. (b) Of not fewer than 500 electors of the congressional district for which the nomi- nation for Representative in Congress is made. (c) Of not fewer than 250 electors of the county or any other district for which the nomination is made. (2) An assembly of electors may nominate candidates at a nominating convention. The convention shall be held in one day and last not longer than 12 hours. The signature, printed name and residence or mailing ad- dress of each member of the assembly shall be recorded at the convention and entered of record in the minutes by the secretary of the assembly. Not less than the minimum number of electors required to constitute an assembly of electors must have recorded their signatures in the minutes of the as- sembly and must be present when the as- sembly nominates a candidate. The candidate receiving the highest number of votes of the assembly for the office shall be the nominee of the assembly. (3) Not later than the 10th day before the meeting of an assembly of electors, notice shall be published at least once in not less than three newspapers of general circulation within the electoral district for which the nomination will be made. The notice shall contain the time and place the assembly will meet, the office or offices for which nomi- nations will be made, and the names and ad- dresses of not fewer than 25 electors qualified to vote in the assembly who desire that it be held. (4) Proof of publication of notice in sub- section (3) of this section shall be made by affidavit of the owner, editor, publisher, manager, advertising manager, principal clerk of any of them, or the printer or print- er′s foreman of the newspaper in which the notice is published. The affidavit shall show publication and shall be filed with the filing officer with the certificate of nomination. (5) Not later than the 10th day before the meeting of an assembly of electors, a copy of the notice under subsection (3) of this sec- tion shall be delivered to the filing officer who will supervise the conduct of the nomi- nating convention. (6) The presiding officer of an assembly of electors shall deliver the signatures of as- sembly members entered in the minutes to the appropriate county clerks of the counties in which the assembly members live. The signatures shall be certified by the appropri- ate county clerk under ORS 249.008. A copy of the minutes, certified by the secretary of the assembly, and the certificate of the county clerk shall be filed with the filing of- ficer with the certificate of nomination. (7) If the assembly of electors designates a committee to whom the assembly delegated the authority to fill vacancies as provided in ORS 249.842, a notice containing the names of the members of the committee shall be delivered to the filing officer with the certif- icate of nomination. [Formerly 249.715; 1983 c.514 §7; 1983 c.567 §9; 1985 c.808 §18; 1993 c.797 §14; 2005 c.797 §60] 249.737 Filing officer for nomination by assembly of electors. (1) The filing offi- cer for the office for which nominations will be considered by an assembly of electors shall supervise the conduct of the nominat- ing convention. The filing officer shall insure that when the assembly of electors makes a nomination, the number of electors required to be present at the nominating convention for the purpose of constituting an assembly is at least equal to each of the following: (a) The number of signatures of assembly members in the minutes of the assembly. (b) The number of electors present at the nominating convention. (2) If an assembly of electors will con- sider nominations for an office for which the Title 23 Page 48 (2007 Edition)
  • 51. CANDIDATES; RECALL 249.830 Secretary of State is the filing officer and an office for which the county clerk or chief city elections officer is the filing officer, the Secretary of State shall be the supervising officer under subsection (1) of this section. (3) If an assembly of electors will con- sider nominations for an office for which the county clerk is the filing officer and an office for which the chief city elections officer is the filing officer, the county clerk shall be the supervising officer under subsection (1) of this section. [1983 c.567 §11] (Nomination by Individual Electors) 249.740 Certificates of nomination made by individual electors; statement regarding payment of petition circula- tors; certification of signature sheets. (1) A certificate of nomination made by individ- ual electors shall contain a number of signa- tures of electors in the electoral district equal to not less than one percent of the total votes cast in the electoral district for which the nomination is intended to be made, for all candidates for presidential electors at the last general election. (2) Each elector signing a certificate of nomination made by individual electors shall include the residence or mailing address of the elector. Except for a certificate of nomi- nation of candidates for electors of President and Vice President of the United States, a certificate of nomination made by individual electors shall contain the name of only one candidate. (3) Before beginning to circulate the cer- tificate of nomination, the chief sponsor of the certificate shall file a signed copy of the prospective certificate with the filing officer referred to in ORS 249.722. The chief sponsor of the certificate shall include with the pro- spective certificate a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the cer- tificate. After the prospective certificate is filed, the chief sponsor shall notify the filing officer not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that: (a) Any person is being paid for obtaining signatures, when the statement included with the prospective certificate declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the prospective certificate declared that one or more such persons would be paid. (4) The circulator shall certify on each signature sheet that the circulator: (a) Witnessed the signing of the signature sheet by each individual whose signature ap- pears on the signature sheet; and (b) Believes each individual is an elector registered in the electoral district. (5) The signatures contained in each cer- tificate of nomination made by individual electors shall be certified for genuineness by the county clerk under ORS 249.008. (6) As used in this section, “prospective certificate” means the information, except signatures and other identification of certif- icate signers, required to be contained in a completed certificate of nomination. [Amended by 1955 c.169 §5; 1957 c.608 §112; 1971 c.152 §1; 1977 c.829 §10; 1979 c.190 §131; 1983 c.756 §7; 1993 c.493 §11; 1993 c.797 §15; 1999 c.318 §25; 2005 c.797 §61; 2007 c.848 §24] 249.750 [Amended by 1957 c.608 §113; 1979 c.190 §100; renumbered 249.013] 249.760 [Amended by 1979 c.190 §126; renumbered 249.712] 249.770 [Amended by 1957 c.608 §114; 1971 c.749 §79; 1977 c.324 §4; repealed by 1979 c.190 §431] 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] 249.790 [Amended by 1977 c.829 §11; repealed by 1979 c.190 §431] (Register of Nominations) 249.810 Entries in register of nomi- nations upon filing certificates. (1) Imme- diately after each certificate of nomination is filed, the filing officer shall enter in the register of nominations: (a) The date the certificate was filed. (b) The name of each candidate. (c) The office for which the candidate is nominated. (d) When applicable, the name of the mi- nor political party or identification of the assembly of electors making the nomination, and the names of the chairperson and secre- tary certifying it. (e) If the certificate of nomination is made by individual electors, the total number of certified signatures contained in the cer- tificate. (2) As soon as an acceptance or with- drawal of a candidate is filed with a filing officer, it shall be entered in the register of nominations. [Amended by 1957 c.608 §116; 1979 c.190 §132] 249.820 [Repealed by 1979 c.190 §431] (Withdrawals; Filling Vacancies) 249.830 Procedure for withdrawing nomination. (1) A person who has been nominated and has accepted the nomination under ORS 249.712 may withdraw from the nomination by filing with the officer with whom the certificate of nomination was filed Title 23 Page 49 (2007 Edition)
  • 52. 249.842 ELECTIONS a written statement declining the nomination and stating the reason for withdrawal. (2) The statement must be: (a) Signed by the person withdrawing from the nomination; and (b) Filed not later than the 67th day be- fore the general election. (3) The statement may be sent to the Secretary of State through a county clerk, as provided by ORS 249.850. [Amended by 1957 c.608 §117; 1967 c.86 §1; 1979 c.190 §133; 2007 c.155 §6] 249.840 [Amended by 1957 c.608 §118; repealed by 1979 c.190 §431] 249.842 Filling vacancy in nomination; rules. (1) Subject to subsection (5) of this section, before the date of the general election, a vacancy in a nomination made by a minor political party may be filled as pro- vided by party rule. (2) Subject to subsection (5) of this sec- tion, before the date of the general election, a vacancy in a nomination made by an as- sembly of electors may be filled by: (a) Reconvening the assembly that made the original nomination to select a new nominee; or (b) A committee to whom the assembly at its convention delegated the authority to fill vacancies. (3) An assembly of electors may recon- vene under subsection (2) of this section only at the call of the chairperson of the original assembly. An assembly will be considered the assembly that made the original nomination if the chairperson and secretary are the same as those of the original assembly. (4) Subject to subsection (5) of this sec- tion, before the date of the general election, a vacancy in a nomination made by individ- ual electors may be filled by filing a new certificate of nomination. The certificate of nomination to fill the vacancy shall conform with the requirements of ORS 249.720 and 249.740. (5) The Secretary of State by rule may adopt a schedule specifying the period after a vacancy in a nomination occurs within which a certificate of nomination filling the vacancy must be filed. [1979 c.190 §134; 1985 c.808 §19; 1993 c.797 §16] 249.850 Filing of certificate to fill va- cancy in nomination; notifying proper of- ficials to make changes in general election ballots. (1) The certificate of nomi- nation to fill the vacancy under ORS 249.842, may be filed directly with the officer with whom the certificate of nomination of the original candidate was filed, or it may be presented in duplicate to any county clerk who shall file one of the certificates in the clerk′s office, immediately notify the appro- priate filing officer of the nomination and send the duplicate certificate to the officer by the most expeditious method practicable. (2) Upon receipt of notification that a vacancy has been filled, the filing officer shall certify the name of the person selected to fill the vacancy to be included on the bal- lot. If the certification of candidates has al- ready been sent to the county clerk, the Secretary of State or city filing officer im- mediately shall give written certification of the new candidate to each county clerk re- sponsible for preparing ballots on which the office will appear. The certification shall state the name and residence of the candi- date nominated to fill the vacancy, the office for which the nomination was made, the name of the minor political party the candi- date represents or the name of the chairper- son of the assembly nominating the candidate, and the name of the person for whom the candidate is substituted. Upon re- ceipt of the certification, the county clerk shall place the new candidate′s name on the ballot. [Amended by 1957 c.608 §119; 1975 c.675 §19; 1979 c.190 §135] 249.860 [1963 c.176 §4; repealed by 1979 c.190 §431] RECALL OF PUBLIC OFFICER 249.865 Filing prospective petition; contents of petition; statement regarding payment of petition circulators; certifica- tion of signature sheets; effect of vio- lation. (1) Pursuant to section 18, Article II of the Oregon Constitution, an elector of the electoral district from which the public offi- cer is elected may file a petition demanding the recall of the public officer. Before the petition is circulated for signatures, the chief petitioner of the petition shall file with the officer authorized to order the recall election: (a) A copy of the prospective petition signed by the chief petitioner; (b) A statement of organization described in ORS 260.118; and (c) A statement conforming to ORS 260.083 of contributions received and ex- penditures made by or on behalf of the chief petitioner and political committee the chief petitioner represents, if any, to the date of filing the prospective petition. (2) The chief petitioner shall include with the prospective petition a statement declar- ing whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the recall petition. After the prospective petition is filed, the chief petitioner shall notify the fil- ing officer not later than the 10th day after the chief petitioner first has knowledge or should have had knowledge that: Title 23 Page 50 (2007 Edition)
  • 53. CANDIDATES; RECALL 249.877 (a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid. (3) Each sheet of the recall petition must contain: (a) The words “Petition for recall of,” (name and title of officer) and the date of the filing under subsection (1) of this section; and (b) The name and address of the treas- urer or the chief petitioner listed on the statement of organization filed under subsec- tion (1) of this section. (4) Not more than 20 signatures on each sheet of the recall petition shall be counted. The circulator shall certify on each signature sheet that the circulator: (a) Witnessed the signing of the signature sheet by each individual whose signature ap- pears on the signature sheet; and (b) Believes each individual is an elector. (5) Any intentional or willful violation of subsection (1) or (2) of this section by a chief petitioner of the recall petition or by the treasurer listed on the statement of organ- ization filed under subsection (1) of this sec- tion invalidates the prospective petition before it is circulated for signatures. [1979 c.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; 2007 c.155 §7; 2007 c.848 §25] 249.870 Number of signers on recall petition. The requisite number of signers on a recall petition is 15 percent of the total votes cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term next preceding the filing of the petition for verification of sig- natures. [Formerly 254.450; 1981 c.173 §27; 1985 c.808 §22; 1995 c.607 §21] 249.875 Time for completing filing; verification of signatures. (1) A recall pe- tition shall be void unless completed and filed not later than the 100th day after filing the prospective petition described in ORS 249.865. Not later than the 90th day after filing the prospective petition the petition shall be submitted to the filing officer who shall verify the signatures not later than the 10th day after the submission. The filed peti- tion shall contain only original signatures. A recall petition shall not be accepted for signature verification if it contains less than 100 percent of the required number of signa- tures. The petition shall not be accepted for filing until 100 percent of the required num- ber of signatures of electors have been veri- fied. (2) The provisions for verification of sig- natures on an initiative or referendum peti- tion contained in ORS 250.105, are applicable to the verification of signatures on a recall petition. [Formerly 254.420; 1989 c.68 §4; 1991 c.719 §9] 249.876 Removal of signature after pe- tition submitted for verification. After a recall petition is submitted for signature verification, no elector who signed the peti- tion may remove the signature of the elector from the petition. [1985 c.808 §21] 249.877 Statement of justification by public officer. (1) A public officer against whom a recall petition has been filed may submit to the filing officer, in not more than 200 words, a statement of justification of the public officer′s course in office. The state- ment must be filed not later than the fifth day after the recall petition is filed. (2) The county clerk shall have the statement printed on the official and sample ballots for the recall election. [1983 c.514 §7b] 249.880 [Formerly 254.460; 1985 c.808 §23; repealed by 1987 c.210 §3] 249.990 [Repealed by 1979 c.190 §431] Title 23 Page 51 (2007 Edition)
  • 54. ELECTIONS Title 23 Page 52 (2007 Edition)
  • 55. Chapter 250 2007 EDITION Initiative and Referendum GENERAL PROVISIONS 250.005 Definitions 250.015 Form of petition; numbering of signature sheets; rules 250.025 Qualifications for signers of petition; re- moval of signatures 250.029 Withdrawal of initiative or referendum petition; form 250.031 Rules for conduct of election under sec- tion 11, Article XI of Oregon Constitution 250.035 Form of ballot titles for state and local measures 250.036 Form of ballot title for measure subject to section 11 (8), Article XI of Oregon Constitution; exception 250.037 Form of ballot title for measure request- ing approval of certain bonds 250.038 Form of ballot title for measure authoriz- ing imposition of local option taxes or es- tablishing permanent rate limitation 250.041 Applicability of ORS 250.005 to 250.038 to counties and cities 250.042 Effect of failure of petition circulator to certify signature sheet 250.043 Acceptance of initiative or referendum petition without original signatures 250.044 Actions challenging constitutionality of state measure to be filed in Marion County Circuit Court STATE MEASURES 250.045 Prospective petition; sponsorship signa- ture requirement; cover and signature sheet requirements; rules 250.048 Registration and training for paid petition circulators; requirements; effect of failure to register; rules 250.052 Official templates of cover and signature sheets; electronic template; rules 250.065 Preparation of ballot titles for certain state measures 250.067 Notice of draft ballot title; written com- ments; certification of title; correction of clerical errors; rules 250.075 Preparation of ballot titles by Legislative Assembly 250.085 Procedure for elector dissatisfied with ballot title of state measure; Supreme Court review of title 250.095 State measures affecting a county or dis- trict 250.105 Filing officer; consideration of signatures on prospective petition; filing require- ments; signature verification; rules 250.115 Numbering of state measures 250.125 Estimate of financial impact of state measures; financial estimate committee 250.127 Preparation and filing of estimates and statements of financial impact of state measure 250.131 Court review of procedures under which estimates and statements of financial im- pact of state measure were prepared 250.135 Retention of petition materials COUNTY MEASURES 250.155 Application of subchapter 250.165 Prospective petition; cover and signature sheet requirements; annual statement 250.168 Determination of compliance with consti- tutional provisions; notice; appeal 250.175 Preparation of ballot titles for certain county measures; notice 250.185 Preparation of ballot titles by county governing body 250.195 Procedure for elector dissatisfied with ballot title of county measure 250.205 Filing and signature requirements for nonhome rule counties 250.215 Filing officer for county measure; filing requirements; signature verification 250.221 Date of election 250.235 Retention of petition materials CITY MEASURES 250.255 Application of subchapter 250.265 Prospective petition; cover and signature sheet requirements; annual statement 250.270 Determination of compliance with consti- tutional provisions; notice; appeal 250.275 Preparation of ballot titles for certain city measures; notice 250.285 Preparation of ballot titles by city gov- erning body 250.296 Procedure for elector dissatisfied with ballot title of city measure 250.305 Signature requirements 250.315 Filing officer; filing requirements; signa- ture verification 250.325 Procedure following filing of initiative pe- tition 250.346 Retention of petition materials 250.355 Date of election Title 23 Page 53 (2007 Edition)
  • 56. ELECTIONS Title 23 Page 54 (2007 Edition)
  • 57. INITIATIVE AND REFERENDUM 250.035 GENERAL PROVISIONS 250.005 Definitions. As used in this chapter: (1) “County clerk” means the county clerk or the county official in charge of elections. (2) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (3) “Measure” includes any of the follow- ing submitted to the people for their approval or rejection at an election: (a) A proposed law. (b) An Act or part of an Act of the Leg- islative Assembly. (c) A revision of or amendment to the Oregon Constitution. (d) Local, special or municipal legis- lation. (e) A proposition or question. (4) “Prospective petition” means the in- formation, except signatures and other iden- tification of petition signers, required to be contained in a completed petition. [1979 c.190 §140; 1983 c.392 §3] 250.010 [Amended by 1957 c.608 §120; repealed by 1979 c.190 §431] 250.015 Form of petition; numbering of signature sheets; rules. The Secretary of State by rule shall: (1) Design the form of the prospective petition, and the initiative and the referen- dum petition, including the signature sheets, to be used in any initiative or referendum in this state. (2) Designate the quality of paper to be used for signature sheets in order to ensure the legibility of the signatures. (3) Prescribe a system for numbering the signature sheets to be used in any initiative or referendum in this state. [1979 c.190 §141; 1979 c.345 §1; 1981 c.909 §1; 1989 c.68 §5; 2005 c.22 §188] 250.020 [Amended by 1957 c.608 §121; 1961 c.121 §4; 1979 c.190 §232; 1979 c.519 §17; renumbered 254.085] 250.025 Qualifications for signers of petition; removal of signatures. (1) Any elector may sign an initiative or referendum petition for any measure on which the elec- tor is entitled to vote. (2) After an initiative or referendum pe- tition is submitted for signature verification, no elector who signed the petition may re- move the signature of the elector from the petition. [Formerly 254.160; 1985 c.808 §24] 250.029 Withdrawal of initiative or referendum petition; form. The chief peti- tioners of an initiative or referendum peti- tion may withdraw the petition at any time prior to the submission of the petition for signature verification. The Secretary of State by rule shall design a form for use in filing a withdrawal of any initiative or referendum petition. The withdrawal form must be signed by all of the chief petitioners and filed with the filing officer. [1995 c.607 §25] 250.030 [Amended by 1957 c.608 §122; 1961 c.121 §5; 1979 c.190 §233; 1979 c.317 §8a; 1979 c.519 §18a; renum- bered 254.095] 250.031 Rules for conduct of election under section 11, Article XI of Oregon Constitution. The Secretary of State shall adopt administrative rules for the conduct of elections under section 11, Article XI of the Oregon Constitution, that include but are not limited to provisions that: (1) Set forth the requirements for an election to which section 11 (8), Article XI of the Oregon Constitution, is applicable that are consistent with the voter registration re- quirements of ORS chapter 247 and with the federal National Voter Registration Act of 1993 (P.L. 103-31); (2) Provide directions to election officers for calculating whether the required number of registered voters eligible to vote voted in the election; and (3) Interpret the words “cast a ballot” in section 11 (8), Article XI of the Oregon Con- stitution, as meaning that a ballot was law- fully cast, whether or not the vote of that ballot may lawfully be counted for reasons other than the eligibility of the voter to vote. [1997 c.541 §310] 250.035 Form of ballot titles for state and local measures. (1) The ballot title of any measure, other than a state measure, to be initiated or referred shall consist of: (a) A caption of not more than 10 words which reasonably identifies the subject of the measure; (b) A question of not more than 20 words which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote on the measure; and (c) A concise and impartial statement of not more than 175 words summarizing the measure and its major effect. (2) The ballot title of any state measure to be initiated or referred shall consist of: (a) A caption of not more than 15 words that reasonably identifies the subject matter of the state measure. The caption of an ini- tiative or referendum amendment to the Constitution shall begin with the phrase, “Amends Constitution,” which shall not be counted for purposes of the 15-word caption limit; (b) A simple and understandable state- ment of not more than 25 words that de- Title 23 Page 55 (2007 Edition)
  • 58. 250.036 ELECTIONS scribes the result if the state measure is approved. The statement required by this paragraph shall include either the phrase, “I vote” or “vote yes,” or a substantially similar phrase, which may be placed at any point within the statement; (c) A simple and understandable state- ment of not more than 25 words that de- scribes the result if the state measure is rejected. The statement required by this paragraph shall not describe existing statu- tory or constitutional provisions in a way that would lead an average elector to believe incorrectly that one of those provisions would be repealed by approval of the state measure, if approval would not have that re- sult. Any thing or action described both in the statement required by paragraph (b) of this subsection and in the statement required by this paragraph shall be described using the same terms in both statements, to the extent practical. Any different terms must be terms that an average elector would under- stand to refer to the same thing or action. The statement shall include either the phrase, “I vote” or “vote no,” or a substan- tially similar phrase, which may be placed at any point within the statement; and (d) A concise and impartial statement of not more than 125 words summarizing the state measure and its major effect. (3) The statements required by subsection (2)(b) and (c) of this section shall be written so that, to the extent practicable, the lan- guage of the two statements is parallel. (4) The statement required by subsection (2)(b) of this section shall be written so that an affirmative response to the statement corresponds to an affirmative vote on the state measure. (5) The statement required by subsection (2)(c) of this section shall be written so that an affirmative response to the statement corresponds to a negative vote on the state measure. (6) To avoid confusion, a ballot title shall not resemble any title previously filed for a 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 articles and conjunctions, but the statements shall not omit articles and conjunctions that are necessary to avoid confusion to or mis- understanding by an average elector. [1979 c.190 §143; 1979 c.675 §1; 1985 c.405 §1; 1987 c.556 §1; 1987 c.875 §1; 1995 c.534 §1; 1997 c.541 §312; 1999 c.793 §1; 2001 c.104 §78] 250.036 Form of ballot title for meas- ure subject to section 11 (8), Article XI of Oregon Constitution; exception. (1) Notwithstanding any other provision of law, all ballot titles subject to section 11 (8), Ar- ticle XI of the Oregon Constitution, shall in- clude the following statement as the first statement of the ballot title summary: __________________________________________ This measure may be passed only at an election with at least a 50 percent voter turnout. __________________________________________ (2) As used in this section, “at least a 50 percent voter turnout” means a voter turn- out that meets the requirements of section 11 (8), Article XI of the Oregon Constitution. (3) The statement required by this sec- tion shall not be counted in determining the word count requirements of ORS 250.035. (4) Subsection (1) of this section shall not apply to the ballot title of a measure sub- mitted to voters in a general election in an even-numbered year. [1997 c.541 §311] 250.037 Form of ballot title for meas- ure requesting approval of certain bonds. (1) The ballot title of any measure requesting elector approval of bonds, the principal and interest on which will be payable from taxes imposed on property or property ownership that are not subject to the limitations of sections 11 and 11b, Article XI of the Oregon Constitution, shall contain, in addition to the matters required by ORS 250.035, the follow- ing statement immediately after the ballot title question and appearing with it, in this manner: __________________________________________ Question: (herein the question is stated) If the bonds are approved, they will be pay- able from taxes on property or property ownership that are not subject to the limits of sections 11 and 11b, Article XI of the Or- egon Constitution. __________________________________________ (2) The words of the statement required by subsection (1) of this section are not counted for purposes of ORS 250.035. (3) The ballot title statement for any measure requesting elector approval of bonds, the principal and interest on which is to be payable from taxes imposed on property or property ownership that are not subject to the limitations of sections 11 and 11b, Ar- ticle XI of the Oregon Constitution, shall contain, in addition to the other require- ments of ORS 250.035 and this section, a Title 23 Page 56 (2007 Edition)
  • 59. INITIATIVE AND REFERENDUM 250.044 reasonably detailed, simple and understand- able description of the use of proceeds. (4) The front of the outer envelope in which the ballot title is delivered shall state, clearly and boldly printed in red, “CON- TAINS VOTE ON PROPOSED TAX IN- CREASE.” [1991 c.902 §119; 1997 c.541 §313; 2007 c.154 §10] 250.038 Form of ballot title for meas- ure authorizing imposition of local option taxes or establishing permanent rate limitation. In addition to meeting other ap- plicable requirements of this chapter: (1) The ballot title for a measure author- izing the imposition of local option taxes shall contain the statement required by ORS 280.070 (4)(a) and the information required by ORS 280.070 (5); (2) The ballot title for a measure author- izing the establishment of a permanent rate limitation shall contain the information re- quired by ORS 280.070 (6); and (3) The front of the outer envelope in which the ballot title is delivered shall state, clearly and boldly printed in red, “CON- TAINS VOTE ON PROPOSED TAX IN- CREASE.” [1999 c.632 §25; 2007 c.154 §11] 250.039 [Formerly ORS 250.055; repealed by 1995 c.534 §19] 250.040 [Repealed by 1957 c.608 §231] 250.041 Applicability of ORS 250.005 to 250.038 to counties and cities. ORS 250.005 to 250.038 apply to the exercise of initiative or referendum powers: (1) Regarding a county measure, regard- less of anything to the contrary in the county charter or ordinance. (2) Regarding a city measure, regardless of anything to the contrary in the city char- ter or ordinance. [1983 c.514 §11; 2005 c.797 §54] 250.042 Effect of failure of petition circulator to certify signature sheet. If a signature sheet of a petition is not certified by the circulator as required under ORS 198.430, 198.750, 221.031, 248.008, 249.061, 249.740, 249.865, 250.045, 250.165, 250.265, 255.135, 261.115 and 545.025, signatures con- tained on the signature sheet may not be counted for purposes of determining whether the petition contains the required number of signatures of electors. [2007 c.848 §8b] 250.043 Acceptance of initiative or referendum petition without original sig- natures. (1) Notwithstanding ORS 250.105, 250.215, 250.315 and 255.175, an initiative or referendum petition for which original signa- tures are otherwise required may be accepted by the appropriate filing officer for signature verification with photographic copies of one or more signature sheets if: (a) The signature sheets containing the original signatures were stolen or destroyed by fire, a natural disaster or other act of God; and (b) The photographic copy of each ori- ginal signature sheet contains the number of the original signature sheets prescribed by the Secretary of State under ORS 250.015. (2) As used in this section: (a) “Act of God” means an unanticipated grave natural disaster or other natural phe- nomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (b) “Filing officer” means the Secretary of State in the case of an initiative or refer- endum petition relating to a state measure, the county clerk in the case of an initiative or referendum petition relating to a county measure, the city elections officer in the case of an initiative or referendum petition relat- ing to a city measure and the elections offi- cer as defined in ORS 255.005 in the case of an initiative or referendum petition relating to a district measure. [1989 c.68 §13] 250.044 Actions challenging constitu- tionality of state measure to be filed in Marion County Circuit Court. (1) An ac- tion that challenges the constitutionality of a measure initiated by the people or referred to the people for a vote must be commenced in the Circuit Court for Marion County if: (a) The action is filed by a plaintiff as- serting a claim for relief that challenges the constitutionality of a state statute or an amendment to the Oregon Constitution initi- ated by the people or referred to the people under section 1 (1) to (4), Article IV of the Oregon Constitution; (b) The action is commenced on or after the date that the Secretary of State certifies that the challenged measure has been adopted by the electors and within 180 days after the effective date of the measure; and (c) The action may not be commenced in the Oregon Tax Court. (2) An action under subsection (1) of this section must be within the jurisdiction of circuit courts and must present a justiciable controversy. The plaintiff in an action sub- ject to the requirements of this section must serve a copy of the complaint on the Attor- ney General. (3) If an action subject to the require- ments of this section is filed in a court other than the Circuit Court for Marion County, the other court, on its own motion or the motion of any party to the action, shall dis- miss the action or transfer the action to the Circuit Court for Marion County. Title 23 Page 57 (2007 Edition)
  • 60. 250.045 ELECTIONS (4) This section does not apply to any civil or criminal proceeding in which the constitutionality of a state statute or pro- vision of the Oregon Constitution is chal- lenged in a responsive pleading. (5) If a judgment in an action subject to the requirements of this section holds that a challenged measure is invalid in whole or in part, a party to the action may appeal the judgment only by filing a notice of appeal directly with the Supreme Court within the time and in the manner specified in ORS chapter 19 for civil appeals to the Court of Appeals. Any party filing a notice of appeal under this subsection must note in the notice of appeal that the case is subject to this subsection. (6) If a judgment in an action subject to the requirements of this section holds that a challenged measure is valid, a party to the action may appeal the judgment by filing a notice of appeal in the Court of Appeals within the time and in the manner specified in ORS chapter 19 for civil appeals. Not- withstanding ORS 19.405 (1), the party may move the Court of Appeals to certify the ap- peal to the Supreme Court, and the Court of Appeals acting in its sole discretion may so certify the appeal. If the Court of Appeals certifies the appeal to the Supreme Court, the Supreme Court shall accept or deny ac- ceptance of the certification as provided in ORS 19.405 (2). [1997 c.794 §2] STATE MEASURES 250.045 Prospective petition; sponsor- ship signature requirement; cover and signature sheet requirements; rules. (1) Before circulating a petition to initiate or refer a state measure under section 1, Article IV, Oregon Constitution, the petitioner shall file with the Secretary of State a prospective petition. The prospective petition for a state measure to be initiated shall contain a statement of sponsorship signed by at least 1,000 electors. The statement of sponsorship shall be attached to a full and correct copy of the measure to be initiated. (2) The secretary by rule shall establish procedures for verifying whether the state- ment of sponsorship contains the required number of signatures of electors. (3) The secretary shall date and time stamp the prospective petition and specify the form on which the initiative or referen- dum petition shall be printed for circulation as provided in ORS 250.052. The secretary shall retain the prospective petition. (4) The chief petitioner may amend the state measure to be initiated that has been filed with the secretary without filing an- other prospective petition, if: (a) The Attorney General certifies to the secretary that the proposed amendment will not substantially change the substance of the measure; and (b) The deadline for submitting written comments on the draft title has not passed. (5) The cover of an initiative or referen- dum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the secretary by rule. The cover of a referendum petition shall contain the final measure summary described in ORS 250.065 (1). If a petition seeking a different ballot title is not filed with the Su- preme Court by the deadline for filing a pe- tition under ORS 250.085, the cover of an initiative petition shall contain the latest ballot title certified by the Attorney General under ORS 250.067 (2). However, if the Su- preme Court has reviewed the ballot title, the cover of the initiative petition shall con- tain the title certified by the court. (6) The chief petitioners shall include with the prospective petition a statement de- claring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief peti- tioners shall notify the filing officer not later than the 10th day after any of the chief pe- titioners first has knowledge or should have had knowledge that: (a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid. (7)(a) Each sheet of signatures on an ini- tiative petition shall contain the caption of the ballot title. Each sheet of signatures on a referendum petition shall contain the sub- ject expressed in the title of the Act to be referred. (b) Each sheet of signatures on an initi- ative or referendum petition shall: (A) Contain a notice describing the meaning of the color of the signature sheet in accordance with ORS 250.052; and (B) If one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: “Some Circulators For This Petition Are Being Paid.” The notice shall be in boldfaced type and shall be prominently displayed on the sheet. Title 23 Page 58 (2007 Edition)
  • 61. INITIATIVE AND REFERENDUM 250.048 (c) The secretary by rule shall adopt a method of designation to distinguish signa- ture sheets of referendum petitions contain- ing the same subject reference and being circulated during the same period. (8) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on the initi- ative or referendum petition. (9) Not more than 20 signatures on the signature sheet of the initiative or referen- dum petition may be counted. The circulator shall certify on each signature sheet of the initiative or referendum petition that the circulator: (a) Witnessed the signing of the signature sheet by each individual whose signature ap- pears on the signature sheet; and (b) Believes each individual is an elector. (10) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to re- view a copy upon request of the person. [1979 c.190 §144; 1979 c.345 §2; 1981 c.909 §2; 1983 c.514 §8; 1983 c.756 §9; 1985 c.447 §1; 1985 c.808 §25; 1987 c.519 §1; 1989 c.959 §3; 1992 c.1 §1; 1995 c.607 §26; 1997 c.846 §1; 1999 c.262 §2; 1999 c.318 §27; 1999 c.793 §2; 2001 c.965 §4; 2005 c.797 §36; 2007 c.159 §3; 2007 c.848 §8] 250.048 Registration and training for paid petition circulators; requirements; effect of failure to register; rules. (1) A person may not pay money or other valuable consideration to another person for obtaining signatures of electors on a state initiative, referendum or recall petition, and a person may not receive money or other valuable consideration for obtaining signatures of electors on a state initiative, referendum or recall petition, unless the person obtaining the signatures: (a) Registers with the Secretary of State in the manner prescribed by this section and by rule of the secretary; and (b) Completes the training program pre- scribed by rule of the secretary. (2) A person may apply to the secretary for a registration required under subsection (1) of this section. The application shall in- clude: (a) The full name and any assumed name of the applicant; (b) The residential street address of the applicant; (c) An example of the signature of the applicant; (d) A list of the initiative, referendum and recall petitions on which the applicant will gather signatures; (e) If the applicant has been convicted for a criminal offense involving fraud, forgery or identification theft, information relating to the circumstances of the conviction as re- quired by the secretary; (f) A statement signed by the applicant acknowledging that the applicant has read and understands Oregon law applicable to the gathering of signatures on state initi- ative, referendum and recall petitions, as the law is summarized in the training program established by the Secretary of State; (g) Evidence indicating that the applicant has completed the training required by the secretary by rule; (h) A photograph of the applicant; and (i) A statement signed by a chief peti- tioner of each petition upon which the appli- cant will gather signatures acknowledging that the chief petitioner is liable for vio- lations of law or rule committed by the per- son obtaining signatures as provided in ORS 260.561. (3) If an applicant complies with subsec- tion (2) of this section, not later than two business days after the applicant applies, the secretary shall register the applicant and as- sign the applicant a registration number. (4) A person who has been convicted for a criminal offense involving fraud, forgery or identification theft in any state during the five-year period prior to the date of the ap- plication may not apply for registration un- der this section. (5) If a person receives money or other valuable consideration for obtaining signa- tures of electors on a state initiative, refer- endum or recall petition and the person was not registered as required under this section at the time the signatures were obtained, the secretary may not count the signatures un- der ORS 250.105 or ORS chapter 249 for purposes of determining whether the petition contains the required number of signatures of electors. (6) A person registered under this section shall carry evidence of registration with the person while the person is obtaining signa- tures on a state initiative, referendum or re- call petition. The evidence of registration shall contain the photograph and registration number of the person. The secretary by rule shall designate the form of the evidence of registration. (7) A photograph of an applicant submit- ted under subsection (2) of this section shall: (a) Be a conventional photograph with a plain background; (b) Show the face or the face, neck and shoulders of the applicant; and (c) Be prepared and processed for print- ing as prescribed by the secretary. Title 23 Page 59 (2007 Edition)
  • 62. 250.052 ELECTIONS (8) The secretary shall adopt rules neces- sary to implement this section, including rules: (a) Establishing procedures for register- ing persons who may be paid money or other valuable consideration for obtaining signa- tures of electors on state initiative, referen- dum or recall petitions; and (b) Establishing a training program for persons who may be paid money or other valuable consideration for obtaining signa- tures of electors on state initiative, referen- dum or recall petitions. [2007 c.848 §2] 250.050 [Repealed by 1957 c.608 §231] 250.052 Official templates of cover and signature sheets; electronic template; rules. (1) For each state initiative, referen- dum or recall petition, the Secretary of State shall prepare official templates of the cover and signature sheets for the petition. Except as provided in this section, templates of cover and signature sheets for state initiative and referendum petitions are subject to the requirements of ORS 250.045. The templates of signature sheets to be used by persons who are being paid to obtain signatures on the petition shall be a different color from the sheets to be used by persons who are not being paid to obtain signatures on the peti- tion. (2) A person obtaining signatures on a state initiative, referendum or recall petition may use only the cover and signature sheets contained in the official templates prepared for the petition. A person who is being paid to obtain signatures on the petition shall use the signature sheet template designated for use by persons being paid to obtain signa- tures. A person who is not being paid to ob- tain signatures on the petition shall use the signature sheet template designated for use by persons who are not being paid to obtain signatures. (3) The secretary shall issue templates for a petition only to a chief petitioner of the petition or to an agent designated by a chief petitioner. (4) The secretary shall issue official tem- plates to a chief petitioner or designated agent not later than: (a) Three business days after the deadline for filing a petition under ORS 250.085 relat- ing to a ballot title certified by the Attorney General for the state initiative petition or, if a petition is filed with the Supreme Court under ORS 250.085, three business days after the Supreme Court certifies to the Secretary of State a ballot title for the state initiative petition; or (b) Three business days after a prospec- tive petition is filed under ORS 249.865 or 250.045 for a state recall petition or state referendum petition. (5) Not later than five business days after the deadline for the secretary to issue tem- plates under subsection (4) of this section, a chief petitioner of a state initiative, referen- dum or recall petition may submit to the secretary a written request for modification of the templates. The secretary shall approve or disapprove the request not later than five business days after receiving the request. If the secretary disapproves the request, the secretary shall advise the chief petitioner in writing of the reasons for the disapproval. (6) In addition to the templates prepared under subsections (1) to (5) of this section, for each state initiative, referendum or recall petition, the secretary shall prepare an offi- cial electronic template of a signature sheet for the petition. A template prepared under this subsection shall allow space for the sig- nature of one elector. An elector may print a copy of the electronic signature sheet for a petition, sign the sheet and deliver the signed sheet to a chief petitioner or an agent designated by a chief petitioner. Electronic templates described in this subsection are subject to the requirements of ORS 250.045, other than ORS 250.045 (5), (8) and (9). (7) The secretary shall adopt rules pre- scribing the contents and method of produc- tion of official templates required under this section. [2007 c.848 §3] 250.055 [1979 c.675 §3; 1981 c.145 §1; renumbered 250.039] 250.060 [Repealed by 1957 c.608 §231] 250.065 Preparation of ballot titles for certain state measures. (1) When a pro- spective petition for a state measure to be referred is filed with the Secretary of State, the secretary shall authorize the circulation of the petition using the final measure sum- mary of the latest version of the printed, en- grossed measure in lieu of the ballot title. On the next business day after the referen- dum petition has been filed containing the required number of verified signatures, the Secretary of State shall send two copies of the prospective petition to the Attorney General. (2) When an approved prospective peti- tion for a state measure to be initiated is filed with the Secretary of State, the secre- tary immediately shall send two copies of it to the Attorney General. (3) Not later than the fifth business day after receiving the copies of the prospective petition for a state measure to be initiated, the Attorney General shall provide a draft ballot title for the state measure to be initi- ated and return one copy of the prospective Title 23 Page 60 (2007 Edition)
  • 63. INITIATIVE AND REFERENDUM 250.085 petition and the ballot title to the Secretary of State. (4) Not later than the 10th business day after receiving the copies of the prospective petition for a state measure to be referred, the Attorney General shall provide a draft ballot title for the state measure to be re- ferred and return one copy of the prospective petition and the draft ballot title to the Sec- retary of State. [Formerly 254.055; 1985 c.447 §2; 2005 c.797 §37; 2007 c.848 §9] 250.067 Notice of draft ballot title; written comments; certification of title; correction of clerical errors; rules. (1) The Secretary of State, upon receiving a draft ballot title from the Attorney General under ORS 250.065 or 250.075, shall provide reason- able statewide notice of having received the draft ballot title and of the public′s right to submit written comments as provided in this section. Written comments concerning a draft ballot title may be submitted to the secretary not later than the 10th business day after the secretary receives the draft ti- tle from the Attorney General. On the next business day after the deadline for submit- ting comments, the secretary shall send a copy of all written comments to the Attorney General. The secretary shall maintain a re- cord of written comments received. (2)(a) If written comments are submitted to the secretary under subsection (1) of this section, the Attorney General shall consider the comments and certify to the secretary either the draft ballot title or a revised ballot title not later than the 10th business day af- ter receiving the comments from the secre- tary. (b) If no written comments are submitted to the secretary, the Attorney General shall certify the draft ballot title not later than the 20th business day after the secretary re- ceives the draft title from the Attorney Gen- eral. If the Attorney General determines that a draft ballot title described in this para- graph contains a clerical error, the Attorney General may correct the error before certi- fying the corrected draft ballot title to the secretary. (c) If the Attorney General determines that a ballot title certified under this sub- section contains a clerical error, the Attor- ney General may correct the error and certify to the secretary a corrected ballot ti- tle not later than the 10th business day after the date the ballot title was certified. (d) The secretary shall furnish the chief petitioner with a copy of each ballot title certified under this subsection. (3) Unless the Supreme Court certifies a different ballot title, the latest ballot title certified by the Attorney General under sub- section (2) of this section is the title to be printed in the voters′ pamphlet and on the ballot. (4) If a petition is filed with the Supreme Court as provided in ORS 250.085, the Secre- tary of State shall file with the Supreme Court a copy of the written comments re- ceived as part of the record on review of the ballot title. (5) The secretary by rule shall specify the means for providing reasonable statewide notice for submitting comments on a draft ballot title. (6) As used in this section, “clerical error” means a typographical, arithmetical or grammatical error or omission that is evi- dent from the text of the draft or certified ballot title or by comparison of the text of the draft or certified ballot title with a writ- ten explanation that was provided by the At- torney General and issued concurrently with the draft or certified ballot title. [1985 c.447 §5; 1989 c.503 §5; 2001 c.802 §1; 2005 c.797 §38; 2007 c.159 §1; 2007 c.848 §10] 250.070 [Amended by 1957 c.608 §123; 1961 c.121 §6; 1979 c.190 §234; renumbered 254.107] 250.075 Preparation of ballot titles by Legislative Assembly. (1) When the Legis- lative Assembly refers a measure to the peo- ple, a ballot title for the measure may be prepared by the assembly. The ballot title shall be filed with the Secretary of State when the measure is filed with the Secretary of State. (2) If the title is not prepared under sub- section (1) of this section, when the measure is filed with the Secretary of State, the sec- retary shall send two copies of the referred measure to the Attorney General. Not later than the 30th day after the Legislative As- sembly adjourns, the Attorney General shall provide a draft ballot title for the measure. The Attorney General shall send a copy of the draft ballot title to each member of the Legislative Assembly, and file with the Sec- retary of State a copy of the referred meas- ure and the draft ballot title and a certificate of mailing of the draft ballot title to each member. [Formerly 254.073; 1985 c.447 §3; 1995 c.607 §27] 250.080 [Amended by 1979 c.190 §242; renumbered 254.185] 250.085 Procedure for elector dissatis- fied with ballot title of state measure; Supreme Court review of title. (1) Any elector dissatisfied with a ballot title pre- pared by the Legislative Assembly for a measure referred to the people by the as- sembly and filed with the Secretary of State may petition the Supreme Court seeking a different title. The petition shall state the reasons that the title filed with the Secretary Title 23 Page 61 (2007 Edition)
  • 64. 250.095 ELECTIONS of State does not substantially comply with the requirements of ORS 250.035. (2) Any elector dissatisfied with the lat- est ballot title for an initiated or referred measure certified by the Attorney General and who timely submitted written comments on the draft ballot title may petition the Su- preme Court seeking a different title. The petition shall state the reasons that the title filed with the Secretary of State does not substantially comply with the requirements of ORS 250.035. (3) The petition shall name the Attorney General as the respondent and must be filed: (a) Not later than the 10th business day after the Attorney General certifies a ballot title or a corrected ballot title to the Secre- tary of State, whichever is later; or (b) If the title is provided by the Legisla- tive Assembly under ORS 250.075, not later than the 10th business day after the Legisla- tive Assembly files the ballot title with the Secretary of State. (4) An elector filing a petition under this section shall notify the Secretary of State in writing that the petition has been filed. The notice must be received in the office of the Secretary of State not later than 5 p.m. on the next business day following the day the petition is filed. (5) The Supreme Court shall review the title for substantial compliance with the re- quirements of ORS 250.035. (6) When reviewing a title certified by the Attorney General, the Supreme Court shall not consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court deter- mines that the argument concerns language added to or removed from the draft title after expiration of the comment period provided in ORS 250.067. (7) The review by the Supreme Court shall be conducted expeditiously to ensure the orderly and timely circulation of the pe- tition or conduct of the election at which the measure is to be submitted to the electors. (8) If the Supreme Court determines that the latest ballot title certified by the Attor- ney General or prepared by the Legislative Assembly substantially complies with the re- quirements of ORS 250.035, the court shall certify the title to the Secretary of State. If the Supreme Court determines that the latest ballot title certified by the Attorney General or prepared by the Legislative Assembly does not substantially comply with the require- ments of ORS 250.035, the court shall modify the ballot title and certify the ballot title to the Secretary of State or refer the ballot title to the Attorney General for modification. (9) Not later than five business days after the Supreme Court refers a ballot title to the Attorney General under this section, the At- torney General shall file a modified ballot ti- tle with the Supreme Court and serve copies of the modified ballot title on all parties to the ballot title review proceeding. If no party to the ballot title review proceeding files an objection to the modified ballot title within five business days after the date the modified ballot title is filed, the Supreme Court shall certify the modified ballot title to the Secre- tary of State and enter an appellate judgment the next judicial day. If any of the parties to the ballot title review proceeding timely files a petition objecting to the modified ballot ti- tle, the Supreme Court shall review the modified ballot title to determine whether the modified ballot title substantially com- plies with the requirements of ORS 250.035. (10) Upon the filing of a petition under subsection (9) of this section objecting to a modified ballot title: (a) If the Supreme Court determines that the modified ballot title substantially com- plies with the requirements of ORS 250.035, the court shall certify the modified ballot ti- tle to the Secretary of State; or (b) If the Supreme Court determines that the modified ballot title does not substan- tially comply with the requirements of ORS 250.035, the court shall modify the ballot title and certify the ballot title to the Secretary of State or refer the modified ballot title to the Attorney General for additional modifi- cation and further proceedings under subsec- tion (9) of this section. [Formerly 254.077; 1983 c.514 §9; 1985 c.447 §6; 1987 c.519 §2; 1989 c.503 §6; 1993 c.493 §96; 1995 c.534 §2; 2001 c.802 §2; 2007 c.159 §2] 250.090 [Amended by 1957 c.608 §124; 1979 c.190 §243; renumbered 254.195] 250.095 State measures affecting a county or district. A law enacted by the Legislative Assembly relating only to a county or district may be referred by the Legislative Assembly or by petition to the people of the county or district. The per- centage of signatures required under section 1, Article IV, Oregon Constitution, for a ref- erendum petition filed under this section shall be based on the vote for Governor within the county or district. [1979 c.190 §148] 250.100 [Repealed by 1957 c.608 §231] 250.105 Filing officer; consideration of signatures on prospective petition; filing requirements; signature verification; rules. (1)(a) An initiative or referendum pe- tition relating to a state measure must be filed with the Secretary of State for the pur- pose of verifying whether the petition con- tains the required number of signatures of electors. Title 23 Page 62 (2007 Edition)
  • 65. INITIATIVE AND REFERENDUM 250.125 (b) Signatures on a prospective petition for a state measure to be initiated shall be considered under this section for the purpose of verifying whether the initiative petition contains the required number of signatures of electors. (c) When filing an initiative or referen- dum petition, the chief petitioner shall sort the signature sheets on the basis of the name of the person who obtained the signatures on the sheet. (d) The secretary shall adopt rules estab- lishing procedures for verifying signatures on an initiative or referendum petition. (e) The filed initiative or referendum pe- tition must contain only original signatures. The secretary or county clerk shall verify each petition in the order in which the pe- titions are filed with the secretary. (2) The secretary may not accept an ini- tiative or referendum petition relating to a state measure for filing if the petition con- tains less than 100 percent of the required number of signatures. (3) If an initiative or referendum petition is submitted not less than 165 days before the election at which the proposed measure is to be voted upon and if the secretary de- termines that insufficient signatures have been submitted but the deadline for filing the petition has not passed, the petitioners may submit additional signatures. (4) The secretary by rule shall designate a statistical sampling technique to verify whether a petition contains the required number of signatures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures unless two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger num- ber of signatures than the first sampling. If two samplings are required under this sub- section, the total number of signatures veri- fied on the petition shall be not less than five percent of the total number of signatures on the petition. (5) For purposes of estimating the num- ber of duplicate signatures contained in a petition, the secretary shall apply at least an eight percent duplication rate in the first sampling of signatures on all petitions. If a second sampling of signatures is required under subsection (4) of this section, the sec- retary shall calculate an estimated signature duplication rate for each petition for which a second sampling is required. The calcu- lation shall be based on the number of elec- tors the secretary determines have signed a specific petition more than once. (6) When verifying signatures for a state initiative or referendum petition, the secre- tary or county clerk shall identify on an elector′s voter registration record or other database that the elector signed the specific initiative or referendum petition. (7) The Secretary of State may employ professional assistance to determine the sampling technique to be designated under subsection (4) of this section. [1979 c.190 §149; 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; 1961 c.170 §2; subsection (7) enacted as 1967 c.26 §4; 1977 c.508 §6; 1979 c.190 §237; renumbered 254.135] 250.115 Numbering of state measures. (1) The Secretary of State shall number the measures to be voted on in the state at large consecutively and shall not repeat any num- ber in any subsequent election. For each election, the numbers assigned shall begin with the number after the last number as- signed under this section at the previous election. The measures shall be assigned numbers in the order in which the measures are filed with the secretary. (2) The Secretary of State shall number state measures not referred to under subsec- tion (1) of this section consecutively, begin- ning with the number after the last number assigned under subsection (1) of this section, in the order in which the measures are filed with the secretary. [1979 c.190 §150; 1993 c.493 §14; 2001 c.267 §1] 250.120 [Amended by 1953 c.632 §6; repealed by 1957 c.608 §231] 250.121 [1957 c.608 §130; 1961 c.68 §2; 1979 c.190 §244; renumbered 254.205] 250.125 Estimate of financial impact of state measures; financial estimate committee. (1) When a state measure in- volves expenditure of public moneys by the state, reduction of expenditure of public moneys by the state, reduction of state re- venues or raising of funds by the state by imposing any tax or incurring any indebted- ness, the financial estimate committee cre- ated under this section shall estimate: (a) The amount of direct expenditure, di- rect reduction of expenditure, direct re- duction in state revenues, direct tax revenue or indebtedness and interest that will be re- quired to meet the provisions of the measure if it is enacted; and (b) The aggregate amount of direct ex- penditure, direct reduction of expenditure, direct reduction in revenues, direct tax re- venue or indebtedness and interest that will be required by any city, county or district to meet the provisions of the measure if it is enacted. (2) For a state measure for which an es- timate is required to be prepared under sub- section (1) of this section, the financial Title 23 Page 63 (2007 Edition)
  • 66. 250.127 ELECTIONS estimate committee may also estimate the amount of direct expenditure, direct re- duction of expenditure, direct reduction in revenues, direct tax revenue or indebtedness and interest that will result for the state or any city, county or district if the measure is not enacted. The financial estimate commit- tee may make an estimate under this sub- section if the Legislative Assembly has enacted a law that will apply only if the measure for which the estimate is prepared is not enacted. (3) For a state measure for which an es- timate is required to be prepared under sub- section (1) of this section, the financial estimate committee shall consult with the Legislative Revenue Officer to determine if the measure has potentially significant indi- rect economic or fiscal effects. If the com- mittee determines that the indirect economic or fiscal effects of the measure are signif- icant and can be estimated, the Legislative Revenue Officer shall prepare on behalf of the committee an impartial estimate of the indirect economic or fiscal effects of the measure. The Legislative Revenue Officer shall use the best available economic models and data to produce the estimate. The finan- cial estimate committee shall incorporate relevant parts of the estimate prepared by the Legislative Revenue Officer into the es- timate prepared by the committee under sub- section (1) of this section. (4) Except as provided in subsection (5) of this section, the estimates described in subsections (1) and (2) of this section shall be printed in the voters′ pamphlet and on the ballot. The estimates shall be impartial, sim- ple and understandable and shall include the following information: (a) A statement of the amount of finan- cial effect on state or local government ex- penditures, revenues or indebtedness, expressed as a specific amount or as a range of amounts; (b) A statement of any recurring annual amount of financial effect on state or local government expenditures, revenues or in- debtedness; (c) A description of the most likely fi- nancial effect or effects of the adoption of the measure; and (d) If an estimate is made under subsec- tion (2) of this section, a description of the most likely financial effect or effects if the measure is not enacted. (5) If the financial estimate committee determines that the measure will have no fi- nancial effect on state or local government expenditures, revenues or indebtedness or that the financial effect on state or local government expenditures, revenues or in- debtedness will not exceed $100,000, the committee shall prepare and file with the Secretary of State a statement declaring that the measure will have no financial effect or that the financial effect will not exceed $100,000. The statement shall be printed in the voters′ pamphlet and on the ballot. (6) In addition to the estimates described in subsections (1) and (2) of this section, if the financial estimate committee considers it necessary, the committee may prepare and file with the Secretary of State an impartial, simple and understandable statement ex- plaining the financial effects of the measure. The statement may not exceed 500 words. The statement shall be printed in the voters′ pamphlet with the measure to which it re- lates. (7) The Legislative Administration Com- mittee shall provide any administrative staff assistance required by the financial estimate committee to facilitate the work of the fi- nancial estimate committee under this sec- tion or ORS 250.127. (8) The financial estimate committee is created, consisting of the Secretary of State, the State Treasurer, the Director of the Ore- gon Department of Administrative Services, the Director of the Department of Revenue and a representative of a city, county or dis- trict with expertise in local government fi- nance. The representative of a city, county or district shall be selected by the four other members of the financial estimate committee and shall serve for a term of two years that begins on March 1 of the odd-numbered year. [Formerly 254.180; 1987 c.724 §6; 1991 c.971 §1; 1993 c.493 §15; 1999 c.844 §1; 2005 c.633 §1] 250.127 Preparation and filing of esti- mates and statements of financial impact of state measure. (1) Not later than the 99th day before a special election held on the date of a primary election or any general election at which any state measure is to be submitted to the people, the financial esti- mate committee created under ORS 250.125 shall prepare and file with the Secretary of State the estimates described in ORS 250.125 and, if the committee considers it necessary, a statement explaining the financial effects of the measure as described in ORS 250.125 (6). The financial estimate committee may begin preparation of the estimates and state- ment on the date that a petition is accepted for verification of signatures under ORS 250.105 or the date that a measure referred by the Legislative Assembly is filed with the Secretary of State, whichever is applicable. (2) Not later than the 95th day before the election, the Secretary of State shall hold a hearing in Salem upon reasonable statewide notice to receive suggested changes to the estimates or statement or to receive other Title 23 Page 64 (2007 Edition)
  • 67. INITIATIVE AND REFERENDUM 250.135 information. At the hearing any person may submit suggested changes or other informa- tion orally or in writing. Written suggestions or other information also may be submitted at any time before the hearing. (3) The financial estimate committee shall consider suggestions and any other in- formation submitted under subsection (2) of this section, and may file revised estimates or a revised statement with the Secretary of State not later than the 90th day before the election. (4) Except as provided in subsection (5) of this section, the original estimates and statement and any revised estimates or statement shall be approved by a majority of the members of the financial estimate com- mittee. If a member does not concur, the es- timates or statement shall show only that the member dissents. The Secretary of State shall certify final estimates and a final statement not later than the 90th day before the election at which the measure is to be voted upon. All estimates and statements prepared under ORS 250.125 and this section shall be made available to the public. (5) If a majority of the members of the financial estimate committee do not approve the estimates or statement, the Secretary of State alone shall prepare, file and certify the estimates or statement not later than the 88th day before the election at which the measure is to be voted upon with the data upon which the estimates or statement is based. (6) The support or opposition of any member of the financial estimate committee to the original or revised estimates or state- ment shall be indicated in the minutes of any meeting of the committee. Meetings of the financial estimate committee shall be open to the public. Designees of the members of the financial estimate committee may attend any meetings of the committee in the place of the members, but the designees may not vote to approve or oppose any estimates or state- ment. (7) A failure to prepare, file or certify estimates or a statement under ORS 250.125, this section or ORS 250.131 does not prevent the inclusion of the measure in the voters′ pamphlet or placement of the measure on the ballot. (8) If the estimates are not delivered to the county clerk by the 61st day before the election, the county clerk may proceed with the printing of ballots. The county clerk is not required to reprint ballots to include the estimates or to provide supplemental infor- mation that includes the estimates. [1991 c.971 §3; 1993 c.493 §16; 1995 c.712 §33; 1999 c.318 §19; 2001 c.965 §8; 2005 c.633 §2] 250.130 [Repealed by 1957 c.608 §231] 250.131 Court review of procedures under which estimates and statements of financial impact of state measure were prepared. (1) Any person alleging that an estimate or statement described in ORS 250.125 was prepared, filed or certified in vi- olation of the procedures specified in ORS 250.125 or 250.127 may petition the Supreme Court seeking that the required procedures be followed and stating the reasons the esti- mate or statement filed with the court does not satisfy the required procedures. A peti- tion is not allowed concerning the contents of the estimate or statement or whether an estimate or statement should be prepared. (2) If the petition is filed not later than the 85th day before the election at which the measure is to be voted upon, the court shall review the procedures under which the esti- mate or statement was prepared, filed and certified, hear arguments and determine whether the procedures required under ORS 250.125 and 250.127 were satisfied. The re- view by the Supreme Court shall be con- ducted expeditiously to ensure the orderly and timely conduct of the election at which the measure is to be submitted to the elec- tors. (3) If the court determines that the pro- cedures described in ORS 250.125 and 250.127 were not satisfied, the court shall order the preparation of a second estimate or state- ment, to be prepared, filed and certified as provided in ORS 250.125 and 250.127 except that: (a) The financial estimate committee cre- ated under ORS 250.125 shall prepare and file with the Secretary of State an estimate or statement not later than two days following the decision of the court; (b) A hearing shall be held within two days after the estimate or statement is filed; and (c) An estimate or statement shall be certified not later than seven days after the decision of the court. The procedures under which the second estimate or statement is filed and certified may not be appealed. [1991 c.971 §4; 2005 c.633 §3] 250.135 Retention of petition materi- als. The Secretary of State shall retain the signature sheets of a filed initiative or refer- endum petition with a copy of the state measure. If the measure is approved by the people, the signature sheets and copy of the measure shall be bound with a certified copy of the Governor′s proclamation declaring the measure approved. A copy of the measure and the Governor′s proclamation shall be preserved as a permanent public record. The signature sheets shall be preserved for six years. [1979 c.190 §152] Title 23 Page 65 (2007 Edition)
  • 68. 250.155 ELECTIONS 250.140 [Amended by 1957 c.608 §127; repealed by 1979 c.190 §431] 250.145 [1953 c.58 §1; 1955 c.52 §1; 1969 c.104 §1; re- pealed by 1979 c.190 §431] 250.150 [Amended by 1957 c.608 §128; 1961 c.74 §2; 1967 c.340 §2; 1979 c.190 §245; renumbered 254.215] COUNTY MEASURES 250.155 Application of subchapter. (1) ORS 250.165 to 250.235 carry out the pro- visions of section 10, Article VI, Oregon Constitution, and shall apply to the exercise of initiative or referendum powers regarding a county measure, unless the county charter or ordinance provides otherwise. (2) ORS 250.165 to 250.235 apply to the exercise of initiative or referendum powers regarding a county measure in a county that has not adopted a charter under section 10, Article VI, Oregon Constitution. [1979 c.190 §153] 250.160 [Repealed by 1957 c.608 §231] 250.161 [1957 c.608 §131; 1979 c.190 §240; renumbered 254.165] 250.165 Prospective petition; cover and signature sheet requirements; annual statement. (1) Before circulating a petition to initiate or refer a county measure, the petitioner shall file with the county clerk a prospective petition. The county clerk imme- diately shall date and time stamp the pro- spective petition, and specify the form on which the petition shall be printed for circu- lation. The clerk shall retain the prospective petition. (2) The cover of an initiative or referen- dum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 250.175 (1). If the circuit court has not re- viewed the ballot title under ORS 250.195, the cover of an initiative petition shall con- tain the ballot title described in ORS 250.175 (3). If the circuit court has reviewed the bal- lot title, the cover of the initiative petition shall contain the title certified by the court. (3) The chief petitioners shall include with the prospective petition a statement de- claring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief peti- tioners shall notify the filing officer not later than the 10th day after any of the chief pe- titioners first has knowledge or should have had knowledge that: (a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid. (4)(a) Each sheet of signatures on an ini- tiative petition shall contain the caption of the ballot title. Each sheet of signatures on a referendum petition shall contain the num- ber of the ordinance or resolution to be re- ferred, if any, and the date it was adopted by the county governing body. (b) Each sheet of signatures on an initi- ative or referendum petition shall, if one or more persons will be paid for obtaining sig- natures of electors on the petition, contain a notice stating: “Some Circulators For This Petition Are Being Paid.” (5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition. (6) Not more than 20 signatures on the signature sheet of the initiative or referen- dum petition shall be counted. The circulator shall certify on each signature sheet that the circulator: (a) Witnessed the signing of the signature sheet by each individual whose signature ap- pears on the signature sheet; and (b) Believes each individual is an elector registered in the county. (7) If the gathering of signatures exceeds the period of one year from the time the pe- tition is approved for circulation, any of the chief petitioners, on or before each anniver- sary of approval of the petition for circu- lation, shall file with the county clerk a statement that the initiative petition is still active. (8) Not later than 30 days before the date that the chief petitioners must file a state- ment under subsection (7) of this section, the county clerk shall notify the chief petitioners in writing of the requirements of subsection (7) of this section. The notice shall be sent by certified mail, return receipt requested. (9) A county clerk may not accept for filing any petition which has not met the provisions of subsection (7) of this section. (10) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to re- view a copy upon request of the person. [1979 c.190 §154; 1981 c.909 §3; 1983 c.756 §10; 1991 c.106 §1; 1992 c.1 §2; 1995 c.607 §28; 1997 c.846 §2; 1999 c.318 §28; 2001 c.965 §5; 2005 c.797 §39; 2007 c.848 §16] Title 23 Page 66 (2007 Edition)
  • 69. INITIATIVE AND REFERENDUM 250.195 250.168 Determination of compliance with constitutional provisions; notice; appeal. (1) Not later than the fifth business day after receiving a prospective petition for an initiative measure, the county clerk shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution. (2) If the county clerk determines that the initiative measure meets the require- ments of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Consti- tution, the clerk shall proceed as required in ORS 250.175. The clerk shall include in the publication required under ORS 250.175 (5) a statement that the initiative measure has been determined to meet the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution. (3) If the county clerk determines that the initiative measure does not meet the re- quirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Consti- tution, the clerk shall immediately notify the petitioner, in writing by certified mail, re- turn receipt requested, of the determination. (4) Any elector dissatisfied with a deter- mination of the county clerk under subsec- tion (1) of this section may petition the circuit court of the judicial district in which the county is located seeking to overturn the determination of the clerk. If the elector is dissatisfied with a determination that the in- itiative measure meets the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the petition must be filed not later than the sev- enth business day after the ballot title is filed with the clerk. If the elector is dissat- isfied with a determination that the initiative measure does not meet the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the petition must be filed not later than the sev- enth business day after the written determi- nation is made by the clerk. (5) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition. [1991 c.719 §34; 2005 c.797 §40] 250.170 [Repealed by 1957 c.608 §231] 250.175 Preparation of ballot titles for certain county measures; notice. (1) When a prospective petition for a county measure to be referred is filed with the county clerk, the clerk shall authorize the circulation of the petition containing the title of the meas- ure as enacted by the county governing body or, if there is no title, the title supplied by the petitioner filing the prospective petition. The county clerk immediately shall send two copies of the prospective petition to the dis- trict attorney. (2) Not later than the sixth business day after a prospective petition for a county measure to be initiated is filed with the county clerk, the clerk shall send two copies of it to the district attorney if the measure to be initiated has been determined to be in compliance with section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, as provided in ORS 250.168. (3) Not later than the fifth business day after receiving the copies of the prospective petition, and notwithstanding ORS 203.145 (3), the district attorney shall prepare a bal- lot title for the county measure to be initi- ated or referred and return one copy of the prospective petition and the ballot title to the county clerk. Unless the circuit court certifies a different title, this ballot title shall be the title printed on the ballot. (4) A copy of the ballot title shall be fur- nished to the chief petitioner. (5) The county clerk, upon receiving a ballot title for a county measure to be re- ferred or initiated from the district attorney or the county governing body, shall publish in the next available edition of a newspaper of general circulation in the county a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date re- ferred to in ORS 250.195. [1979 c.190 §155; 1983 c.567 §12; 1985 c.808 §26; 1987 c.707 §8; 1991 c.719 §21; 2005 c.797 §41] 250.180 [Repealed by 1957 c.608 §231] 250.185 Preparation of ballot titles by county governing body. (1) When the county governing body refers a measure to the people, a ballot title for the measure may be prepared by the body. The measure and the ballot title prepared under this subsec- tion shall be filed at the same time with the county clerk. (2) If the title is not prepared under sub- section (1) of this section, when the measure is filed with the county clerk, the clerk shall send two copies to the district attorney. Not later than the fifth business day after re- ceiving the copies the district attorney shall provide a ballot title for the measure and send a copy of it to the county governing body and the county clerk. [1979 c.190 §156; 1983 c.15 §3; 1985 c.808 §27] 250.190 [Amended by 1957 c.608 §132; repealed by 1979 c.190 §431] 250.195 Procedure for elector dissatis- fied with ballot title of county measure. (1) Any elector dissatisfied with a ballot title filed with the county clerk by the district attorney or the county governing body, may petition the circuit court of the judicial dis- trict in which the county is located seeking Title 23 Page 67 (2007 Edition)
  • 70. 250.205 ELECTIONS a different title and stating the reasons the title filed with the court is insufficient, not concise or unfair. The petition shall name as respondent either the district attorney or county governing body, depending on who prepared the ballot title, and must be filed not later than the seventh business day after the title is filed with the county clerk. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the county clerk a title for the measure which meets the require- ments of ORS 250.035. (2) An elector filing a petition under this section shall notify the county clerk in writ- ing that the petition has been filed. The no- tice shall be given not later than 5 p.m. on the next business day following the day the petition is filed. (3) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or con- duct of the election at which the measure is to be submitted to the electors. [1979 c.190 §157; 1983 c.514 §9a; 1987 c.707 §9; 1989 c.503 §7; 1993 c.493 §97; 1995 c.534 §3] 250.200 [Amended by 1957 c.608 §133; 1961 c.89 §1; repealed by 1979 c.190 §431] 250.205 Filing and signature require- ments for nonhome rule counties. (1) This section applies to a county that has not adopted a charter under section 10, Article VI, Oregon Constitution. (2) A referendum petition must be filed not later than the 90th day after the adop- tion of a nonemergency county measure. (3) A petition to refer a county measure must contain at least the number of signa- tures of electors residing in the county that is equal to four percent of the total number of votes cast in the county for all candidates for Governor at the election at which a Governor is elected for a four-year term next preceding the filing of the petition for verifi- cation of signatures. (4) A petition to initiate a county meas- ure must contain at least the number of sig- natures of electors residing in the county equal to six percent of the total number of votes cast in the county for all candidates for Governor at the election at which a Gover- nor is elected for a four-year term next pre- ceding the filing of the petition for verification of signatures. [1979 c.190 §158; 1995 c.607 §29] 250.210 [Amended by 1957 c.608 §134; 1979 c.519 §19; repealed by 1979 c.190 §431] 250.215 Filing officer for county meas- ure; filing requirements; signature verifi- cation. (1) An initiative or referendum petition relating to a county measure shall be filed with the county clerk for signature verification. The filed petition shall contain only original signatures. (2) An initiative or referendum petition relating to a county measure shall not be accepted for filing if it contains less than 100 percent of the required number of signatures. (3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by rule shall designate a statistical sampling technique to verify whether a peti- tion contains the required number of signa- tures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures un- less two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling. (4) The Secretary of State may employ professional assistance to determine the sampling technique referred to in subsection (3) of this section. [1979 c.190 §159; 1989 c.68 §7; 1991 c.580 §2] 250.220 [Amended by 1957 c.608 §135; 1961 c.89 §2; repealed by 1979 c.190 §431] 250.221 Date of election. If an initiative or referendum petition contains the required number of verified signatures, the election on the county measure shall be held on the next available election date in ORS 203.085 that is not sooner than the 90th day after the measure was filed with the county clerk. [1981 c.909 §4] 250.225 [1963 c.345 §§5,6; 1979 c.190 §269; 1979 c.519 §29a; renumbered 254.475] 250.226 [1979 c.190 §160; repealed by 1987 c.724 §7] 250.230 [Amended by 1957 c.608 §136; 1979 c.190 §227; 1979 c.317 §9; renumbered 254.035] 250.235 Retention of petition materi- als. The county clerk shall retain the signa- ture sheets of a filed initiative or referendum petition with a copy of the county measure. If the measure is approved by the electors, a copy of the measure shall be preserved as a permanent public record, and the signature sheets shall be preserved for six years. [1979 c.190 §161] CITY MEASURES 250.255 Application of subchapter. ORS 250.265 to 250.346 apply to the exercise of initiative or referendum powers regarding a city measure under section 1, Article IV, Oregon Constitution, unless the city charter or ordinance provides otherwise. [1979 c.190 §162] 250.265 Prospective petition; cover and signature sheet requirements; annual statement. (1) Before circulating a petition to initiate or refer a city measure, the peti- tioner shall file with the city elections offi- cer a prospective petition. The officer Title 23 Page 68 (2007 Edition)
  • 71. INITIATIVE AND REFERENDUM 250.270 immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circu- lation. The officer shall retain the prospec- tive petition. (2) The cover of an initiative or referen- dum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 250.275 (1). If the circuit court has not re- viewed the ballot title under ORS 250.296, the cover of an initiative petition shall con- tain the ballot title described in ORS 250.275 (3). If the circuit court has reviewed the bal- lot title, the cover of the initiative petition shall contain the title certified by the court. (3) The chief petitioners shall include with the prospective petition a statement de- claring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief peti- tioners shall notify the filing officer not later than the 10th day after any of the chief pe- titioners first has knowledge or should have had knowledge that: (a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid. (4)(a) Each sheet of signatures on an ini- tiative petition shall contain the caption of the ballot title. Each sheet of signatures on a referendum petition shall contain the num- ber of the ordinance or resolution to be re- ferred, if any, and the date it was adopted by the city governing body. (b) Each sheet of signatures on an initi- ative or referendum petition shall, if one or more persons will be paid for obtaining sig- natures of electors on the petition, contain a notice stating: “Some Circulators For This Petition Are Being Paid.” (5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition. (6) Not more than 20 signatures on the signature sheet of the initiative or referen- dum petition shall be counted. The circulator shall certify on each signature sheet that the circulator: (a) Witnessed the signing of the signature sheet by each individual whose signature ap- pears on the signature sheet; and (b) Believes each individual is an elector registered in the city. (7) If the gathering of signatures exceeds the period of one year from the time the pe- tition is approved for circulation, any of the chief petitioners, on or before the anniver- sary of approval of the petition for circu- lation: (a) Shall file annually, with the city elections officer, a statement that the initi- ative petition is still active; and (b) May submit to the city elections offi- cer for verification any signatures gathered on the petition in the preceding year. (8) Not later than 30 days before the date that the chief petitioners must file a state- ment and submit signatures under subsection (7) of this section, the city elections officer shall notify the chief petitioners in writing of the requirements of subsection (7) of this section. The notice shall be sent by certified mail, return receipt requested. (9) A city elections officer shall not ac- cept for filing any petition which has not met the provisions of subsection (7) of this sec- tion. (10) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to re- view a copy upon request of the person. [1979 c.190 §163; 1981 c.909 §6; 1983 c.756 §11; 1991 c.106 §2; 1992 c.1 §3; 1995 c.607 §30; 1997 c.846 §3; 1999 c.318 §29; 2001 c.965 §6; 2007 c.848 §17] 250.270 Determination of compliance with constitutional provisions; notice; appeal. (1) Not later than the fifth business day after receiving a prospective petition for an initiative measure, the city elections offi- cer shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Or- egon Constitution. (2) If the city elections officer determines that the initiative measure meets the re- quirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the city elec- tions officer shall proceed as required in ORS 250.275. The city elections officer shall include in the publication required under ORS 250.275 (5) a statement that the initi- ative measure has been determined to meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution. (3) If the city elections officer determines that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Arti- cle IV of the Oregon Constitution, the city elections officer shall immediately notify the Title 23 Page 69 (2007 Edition)
  • 72. 250.275 ELECTIONS petitioner, in writing by certified mail, re- turn receipt requested, of the determination. (4) Any elector dissatisfied with a deter- mination of the city elections officer under subsection (1) of this section may petition the circuit court of the judicial district in which the city is located seeking to overturn the determination of the city elections offi- cer. If the elector is dissatisfied with a de- termination that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitu- tion, the petition must be filed not later than the seventh business day after the ballot title is filed with the city elections officer. If the elector is dissatisfied with a determination that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Arti- cle IV of the Oregon Constitution, the peti- tion must be filed not later than the seventh business day after the written determination is made by the city elections officer. (5) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition. [1991 c.719 §36; 2005 c.797 §42] 250.275 Preparation of ballot titles for certain city measures; notice. (1) When a prospective petition for a city measure to be referred is filed with the city elections offi- cer, the officer shall authorize the circu- lation of the petition containing the title of the measure as enacted by the city governing body or, if there is no title, the title supplied by the petitioner filing the prospective peti- tion. The city elections officer immediately shall send two copies of the prospective peti- tion to the city attorney. (2) Not later than the sixth business day after a prospective petition for a city meas- ure to be initiated is filed with the city elec- tions officer, the officer shall send two copies of it to the city attorney if the measure to be initiated has been determined to be in compliance with section 1 (2)(d) and (5), Ar- ticle IV of the Oregon Constitution, as pro- vided in ORS 250.270. (3) Not later than the fifth business day after receiving the copies of the prospective petition, the city attorney shall provide a ballot title for the city measure to be initi- ated or referred and return one copy of the prospective petition and the ballot title to the city elections officer. Unless the circuit court certifies a different title, this ballot ti- tle shall be the title printed on the ballot. (4) A copy of the ballot title shall be fur- nished to the chief petitioner. (5) The city elections officer, upon re- ceiving a ballot title for a city measure to be referred or initiated from the city attorney or city governing body, shall publish in the next available edition of a newspaper of gen- eral distribution in the city a notice of re- ceipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date re- 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] 250.285 Preparation of ballot titles by city governing body. (1) When the city governing body refers a measure to the peo- ple, a ballot title for the measure may be prepared by the body. The ballot title shall be filed with the city elections officer. (2) If the title is not prepared under sub- section (1) of this section, when the measure is filed with the city elections officer, the officer shall send two copies to the city at- torney. Not later than the fifth business day after receiving the copies the city attorney shall provide a ballot title for the measure, and send a copy of it to the city governing body and the city elections officer. [1979 c.190 §165; 1985 c.808 §29] 250.290 [Amended by 1965 s.s. c.1 §1; repealed by 1971 c.767 §1] 250.295 [1971 c.767 §2; 1979 c.190 §395; renumbered 188.130] 250.296 Procedure for elector dissatis- fied with ballot title of city measure. (1) Any elector dissatisfied with a ballot title filed with the city elections officer by the city attorney or the city governing body, may petition the circuit court of the judicial dis- trict in which the city is located seeking a different title and stating the reasons the ti- tle filed with the court is insufficient, not concise or unfair. The petition shall name as respondent the city attorney or city govern- ing body, depending on who prepared the ballot title, and must be filed not later than the seventh business day after the title is filed with the city elections officer. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the city elections officer a title for the measure which meets the re- quirements of ORS 250.035. (2) An elector filing a petition under this section shall notify the city elections officer in writing that the petition has been filed. The notice shall be given not later than 5 p.m. on the next business day following the day the petition is filed. (3) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or con- duct of the election at which the measure is to be submitted to the electors. [1979 c.190 §166; 1983 c.514 §9b; 1987 c.707 §10; 1989 c.503 §8; 1993 c.493 §98; 1995 c.534 §4] 250.300 [Amended by 1979 c.190 §396; renumbered 188.310] Title 23 Page 70 (2007 Edition)
  • 73. INITIATIVE AND REFERENDUM 250.355 250.305 Signature requirements. (1) A petition to refer a city measure must be signed by not less than 10 percent of the electors registered in the city at the time the prospective petition is filed. The petition must be filed with the city elections officer not later than the 30th day after adoption of the city legislation sought to be referred. (2) A petition to initiate a city measure must be signed by not less than 15 percent of the electors registered in the city at the time the prospective petition is filed. [1979 c.190 §167; 1983 c.350 §67; 1989 c.251 §1] 250.310 [Amended by 1955 c.726 §1; 1957 c.608 §137; 1959 c.317 §3; 1961 c.114 §11; repealed by 1979 c.190 §431] 250.315 Filing officer; filing require- ments; signature verification. (1) An initi- ative or referendum petition relating to a city measure shall be filed with the city elections officer for signature verification. The filed petition shall contain only original signatures. (2) An initiative or referendum petition relating to a city measure shall not be ac- cepted for filing if it contains less than 100 percent of the required number of signatures. (3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by rule shall designate a statistical sampling technique to verify whether a peti- tion contains the required number of signa- tures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures un- less two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling. (4) The Secretary of State may employ professional assistance to determine the sampling technique referred to in subsection (3) of this section. [1979 c.190 §168; 1989 c.68 §8; 1991 c.580 §3] 250.320 [Repealed by 1957 c.608 §231] 250.325 Procedure following filing of initiative petition. (1) If an initiative peti- tion contains the required number of verified signatures, the city elections officer shall file the initiated measure with the city governing body at its next meeting. (2) The governing body, not later than the 30th day after the measure is filed with it, may adopt or reject the measure unless the measure is required to be submitted to city electors under the city charter or state law. If the measure is not adopted, or the measure is required to be submitted to city electors under the city charter or state law, it shall be submitted to city electors on the next available election date in ORS 221.230 held not sooner than the 90th day after the measure was filed with the city governing body. (3) The governing body may refer a com- peting measure to city electors at the same election at which the initiated measure is submitted. If the governing body refers a competing measure to city electors, it must prepare the measure not later than the 30th day after the initiated measure is filed with it. The mayor shall not have the power to veto an initiated measure or a competing measure. [1979 c.190 §169; 1979 c.316 §14a; 1981 c.909 §7; 1987 c.471 §1] 250.330 [Amended by 1957 c.608 §138; 1979 c.190 §252; 1979 c.749 §3; renumbered 254.295] 250.335 [1979 c.190 §170; repealed by 1987 c.724 §7] 250.340 [Amended by 1957 c.608 §139; 1979 c.190 §255; renumbered 254.325] 250.345 [1967 c.609 §1; repealed by 1977 c.301 §15] 250.346 Retention of petition materi- als. The city elections officer shall retain the signature sheets of a filed initiative or refer- endum petition with a copy of the city meas- ure. If the measure is approved by the electors, a copy of the measure shall be pre- served as a permanent public record, and the signature sheets shall be preserved for six years. [1979 c.190 §171] 250.350 [Amended by 1957 c.608 §140; 1977 c.508 §7; 1977 c.644 §4a; 1979 c.190 §264; renumbered 254.415] 250.355 Date of election. If a referen- dum petition contains the required number of verified signatures, the election on the city measure shall be held on the next avail- able election date in ORS 221.230 that is not sooner than the 90th day after the referen- dum petition was filed with the city elections officer. [1989 c.503 §35; 2007 c.155 §8] 250.360 [Repealed by 1957 c.608 §231] 250.365 [1963 c.595 §5 (247.610 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1967 c.64 §7] 250.370 [Repealed by 1957 c.608 §231] 250.375 [1963 c.595 §6 (247.610 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); 1965 c.174 §10; re- pealed by 1967 c.64 §7] 250.380 [Repealed by 1957 c.608 §231] 250.390 [Repealed by 1957 c.608 §231] 250.400 [Amended by 1957 c.608 §141; 1977 c.508 §8; 1979 c.190 §265; renumbered 254.425] 250.410 [Amended by 1957 c.608 §142; 1979 c.190 §45; renumbered 247.035] 250.420 [Amended by 1957 c.608 §143; repealed by 1979 c.190 §431] 250.430 [Amended by 1957 c.608 §144; 1977 c.508 §9; 1979 c.190 §253; 1979 c.519 §20a; renumbered 254.305] 250.440 [Amended by 1957 c.608 §145; 1979 c.190 §251; repealed by 1979 c.749 §5] 250.460 [Repealed by 1957 c.608 §231] 250.461 [1957 c.608 §146; 1961 c.162 §1; repealed by 1979 c.190 §431] 250.470 [Repealed by 1957 c.608 §231] 250.471 [1957 c.608 §147 (1), (2); 1979 c.190 §271; re- numbered 254.495] Title 23 Page 71 (2007 Edition)
  • 74. 250.355 ELECTIONS 250.480 [Repealed by 1957 c.608 §231] 250.490 [Amended by 1955 c.113 §1; repealed by 1957 c.608 §231] 250.500 [Repealed by 1957 c.608 §231] 250.510 [Amended by 1957 c.608 §148; 1973 c.154 §3; 1979 c.190 §272; renumbered 254.505] 250.520 [Amended by 1957 c.608 §149; 1961 c.114 §12; 1965 c.174 §8; 1979 c.190 §273; renumbered 254.515] 250.530 [Amended by 1957 c.608 §150; repealed by 1979 c.190 §431] 250.540 [Amended by 1955 c.498 §13; repealed by 1957 c.608 §231] 250.541 [1957 c.608 §147 (3); repealed by 1979 c.190 §431] 250.545 [1963 c.337 §4; repealed by 1979 c.190 §431] 250.550 [Repealed by 1957 c.608 §231] 250.560 [Repealed by 1957 c.608 §231] 250.570 [Amended by 1957 c.608 §151; repealed by 1979 c.190 §431] 250.580 [1971 c.29 §9; repealed by 1973 c.125 §1] 250.582 [1971 c.29 §§10,11; repealed by 1973 c.125 §1] 250.584 [1971 c.29 §12; repealed by 1973 c.125 §1] 250.586 [1971 c.29 §8; repealed by 1975 c.675 §36] 250.610 [Amended by 1957 c.608 §152; 1961 c.174 §2; 1979 c.190 §248; 1979 c.519 §21a; renumbered 254.245] 250.620 [Amended by 1957 c.608 §153; repealed by 1979 c.190 §431] 250.630 [Repealed by 1957 c.608 §231] 250.631 [1957 c.608 §154; 1961 c.114 §13; 1965 c.174 §9; 1977 c.352 §4; 1979 c.190 §262; renumbered 254.395] 250.640 [Amended by 1955 c.726 §2; repealed by 1957 c.608 §231] 250.645 [1955 c.726 §5; 1957 c.608 §155; 1979 c.190 §261; renumbered 254.385] 250.650 [Repealed by 1957 c.608 §231] 250.655 [1961 c.63 §2; 1979 c.190 §263; renumbered 254.405] 250.660 [Repealed by 1957 c.608 §231] 250.670 [Repealed by 1957 c.608 §231] 250.680 [Amended by 1957 c.608 §156; 1979 c.190 §268; renumbered 254.455] 250.690 [Amended by 1955 c.726 §3; 1957 c.608 §157; 1979 c.190 §267; renumbered 254.445] 250.700 [Amended by 1957 c.608 §158; 1979 c.190 §266; renumbered 254.435] 250.710 [Amended by 1957 c.608 §159; 1977 c.179 §2; repealed by 1979 c.190 §431] 250.720 [Amended by 1957 c.608 §160; repealed by 1979 c.190 §431] 250.810 [Amended by 1957 c.608 §161; 1963 c.603 §1; repealed by 1979 c.190 §431] 250.820 [Amended by 1957 c.608 §162; repealed by 1979 c.190 §431] 250.830 [Amended by 1957 c.608 §163; 1979 c.519 §22; repealed by 1979 c.190 §431] 250.840 [Amended by 1957 c.608 §164; 1961 c.47 §1; 1963 c.603 §2; 1969 c.81 §2; 1975 c.675 §20; 1979 c.519 §23; repealed by c.190 §431] 250.845 [1963 c.603 §4; 1977 c.829 §13; repealed by 1979 c.190 §431] 250.850 [Repealed by 1957 c.608 §231] 250.860 [Repealed by 1957 c.608 §231] 250.870 [Amended by 1957 c.608 §165; repealed by 1979 c.190 §431] 250.880 [Repealed by 1979 c.190 §431] 250.990 [Amended by 1955 c.726 §6; 1957 c.608 §166; repealed by 1979 c.190 §431] Title 23 Page 72 (2007 Edition)
  • 75. Chapter 251 2007 EDITION Voters′ Pamphlet STATE VOTERS′ PAMPHLET GENERALLY 251.005 Definitions 251.008 Joint production of state and county vot- ers′ pamphlet 251.012 Size, format and distribution of voters′ pamphlet 251.016 Disposition of fee 251.022 Voters′ pamphlet for election to fill va- cancy in office of United States Senator or Representative in Congress 251.026 Statements and information included in voters′ pamphlets 251.046 Content of statements and arguments 251.049 Names or titles of persons or names of organizations excluded from arguments and statements; exceptions; prohibitions 251.055 Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded; rules 251.065 Filing portrait and statement by or for candidate; format of statement; rules 251.067 Inclusion of portrait and statement of candidate for county, city or metropolitan service district office; inclusion of county measure or metropolitan service district measure 251.069 Map of metropolitan service district to be printed in certain pamphlets 251.075 Portrait requirements; rules 251.085 Format of candidate′s statement 251.087 Secretary of State review of candidate portrait and statement; procedure if por- trait or statement must be revised; rules 251.095 Fees for candidate space in voters′ pam- phlet; use of space 251.115 Statement of statewide and less than statewide political party or assembly; size; fees 251.125 Identification of portrait or statement; disclaimer 251.135 Refund of filing fee 251.145 Exemption from public records law 251.155 Statements and arguments inadmissible in action to enjoin publication of pamphlet 251.165 Preparing material for inclusion in state voters′ pamphlet 251.175 Distribution of pamphlet; rules for non- statewide special elections STATE INITIATIVE AND REFERENDUM PAMPHLET 251.185 Measures, estimates, statements and ar- guments included in voters′ pamphlet; county and metropolitan service district measures 251.195 Form for printing proposed constitutional amendment 251.205 Appointment of committee to draft ex- planatory statement of measure proposed by initiative or referendum 251.215 Preparation and filing of explanatory statement of measure 251.225 Preparation and filing of explanatory statement by Legislative Counsel Com- mittee; when explanatory statement of committee used 251.230 Effect if explanatory statement not filed 251.235 Supreme Court review of explanatory statement; service requirements 251.245 Committee to prepare and file argument in support of measure referred by legisla- ture 251.255 Filing arguments for or against measure; fee or petition; size of argument space; rules 251.260 Secretary of State review of arguments for error in identification of measure number or designation of support or op- position to measure; changes allowed 251.265 Author of argument, author′s organiza- tion and disclaimer to be included in vot- ers′ pamphlet 251.285 Inclusion of county measure or metropol- itan service district measure in voters′ pamphlet 251.295 Radio and television broadcasts to supple- ment pamphlet COUNTY VOTERS′ PAMPHLET 251.305 County voters′ pamphlet 251.315 Information required to be included in voters′ pamphlet; deadline for distribution 251.325 Schedule and procedures for producing and distributing pamphlet; fees; rules 251.335 Filing portrait and statement by or for candidate; disclaimer 251.345 Explanatory statement 251.355 Filing arguments for or against measure 251.358 Omission from voters′ pamphlet of ballot titles, explanatory statements and argu- ments for certain measures 251.365 Cost of pamphlet preparation; allocation of revenue 251.375 Exception to ORS 251.365 for certain dis- tricts 251.385 “Electoral district” defined for ORS 251.345 to 251.375 251.395 Content of statements and arguments; notice of material that may be excluded 251.405 Names or titles of persons or names of organizations excluded from arguments and statements; exceptions; prohibitions 251.415 Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded Title 23 Page 73 (2007 Edition)
  • 76. ELECTIONS 251.425 Format of candidate′s statement 251.430 Exemption from public records law 251.435 Statements and arguments inadmissible in action to enjoin publication of pamphlet Title 23 Page 74 (2007 Edition)
  • 77. VOTERS′ PAMPHLET 251.026 STATE VOTERS′ PAMPHLET GENERALLY 251.005 Definitions. As used in this chapter: (1) “Candidate” means an individual whose name is or is expected to be printed on the official ballot. (2) “City office” means the office of mayor, city auditor, city councillor or mu- nicipal judge of a city having a population of 50,000 or more according to the most re- cent determination made under ORS 190.510 to 190.610. (3) “County clerk” means the county clerk or the county official in charge of elections. (4) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (5) “Measure” includes any of the follow- ing submitted to the people for their approval or rejection at an election: (a) A proposed law. (b) An Act or part of an Act of the Leg- islative Assembly. (c) A revision of or amendment to the Oregon Constitution. (d) Local, special or municipal legis- lation. (e) A proposition or question. [1979 c.190 §172; 1981 c.173 §28; 1983 c.123 §1; 1983 c.392 §4; 1987 c.432 §1; 2003 c.14 §118] 251.008 Joint production of state and county voters′ pamphlet. Notwithstanding any other provision of law, the Secretary of State and a county may enter into an inter- governmental agreement as provided in ORS 190.003 to 190.130 under which the Secretary of State and the county clerk of the county may jointly produce a voters′ pamphlet for any election as provided under this chapter or any other law relating to production and distribution of a voters′ pamphlet. [1993 c.3 §2 and 1993 c.604 §9] 251.010 [Repealed by 1957 c.217 §9] 251.012 Size, format and distribution of voters′ pamphlet. The Secretary of State by rule shall prescribe the size, format and method of distribution of any state voters′ pamphlet, subject to the limits described in this chapter. [1999 c.318 §7] 251.015 [1957 c.217 §1; 1979 c.190 §314; renumbered 258.006] 251.016 Disposition of fee. The Secre- tary of State shall pay fees received under this chapter into the General Fund. [1979 c.190 §173] 251.020 [Repealed by 1957 c.217 §9] 251.022 Voters′ pamphlet for election to fill vacancy in office of United States Senator or Representative in Congress. (1) If a special election or special primary election is held under ORS 188.120 for the purpose of filling a vacancy in election or office of United States Senator or Represen- tative in Congress, or for nominating a can- didate of each major political party to fill the vacancy, the Secretary of State shall prepare a voters′ pamphlet for each election. (2) A voters′ pamphlet prepared under subsection (1) of this section shall contain information about the candidates for nomi- nation or election to the office of United States Senator or Representative in Congress at the special election or special primary election. [1999 c.318 §6] 251.025 [1957 c.217 §2; 1979 c.190 §315; renumbered 258.016] 251.026 Statements and information included in voters′ pamphlets. (1) The Secretary of State shall prepare and have printed in the voters′ pamphlet for the state primary election, the general election and any special election described in ORS 251.022 a statement containing, if applicable: (a) Requirements for a citizen to qualify as an elector. (b) When an elector is required to regis- ter or update a registration. (c) In the voters′ pamphlet for the pri- mary election, a statement of the duties and responsibilities of a precinct committeeper- son to be elected at the primary election. (d) Any other information the Secretary of State considers relevant to the conduct of the election. (2) The Secretary of State shall include a statement on the cover of the voters′ pam- phlet that the pamphlet may be used to assist electors in voting. (3) The Secretary of State may include in the voters′ pamphlet the following informa- tion: (a) Maps showing the boundaries of sen- atorial and representative districts. (b) Voter registration forms. (c) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled and the right of an elector to seek assistance in marking the 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; 1999 c.318 §9; 1999 c.410 §25] 251.030 [Repealed by 1957 c.217 §9] 251.035 [1957 c.217 §3; 1979 c.190 §316; renumbered 258.026] 251.036 [1979 c.533 §6; 1993 c.493 §91; 1999 c.318 §52; renumbered 251.069 in 1999] 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; renumbered 258.036] 251.046 Content of statements and ar- guments. (1) Statements and arguments submitted for inclusion in a voters′ pamphlet by a candidate, political party or assembly of electors, or a person supporting or oppos- ing a measure shall consist only of words or numbers. (2) The Secretary of State shall specify on any instructions for filing a statement, argument or other material in the voters′ pamphlet that the statement, argument or material may be excluded under ORS 251.055. [1979 c.190 §175; 1993 c.351 §3] 251.049 Names or titles of persons or names of organizations excluded from arguments and statements; exceptions; prohibitions. (1) Except as provided in sub- section (2) of this section, the Secretary of State may not print the name or title of a person or the name of an organization in an argument supporting or opposing any meas- ure or a statement of any candidate, political party or assembly of electors filed for inclu- sion in the voters′ pamphlet, if the name or title of the person or the name of the organ- ization is cited as supporting or indorsing the argument or statement. (2) The Secretary of State may print the name or title of a person or the name of an organization in an argument or statement submitted for inclusion in the voters′ pam- phlet as supporting or indorsing the argu- ment or statement if: (a) Not later than the deadline for filing an argument or statement with the Secretary of State, the secretary receives a statement signed by the person, or by an authorized person on behalf of an organization, stating that the person consents to the use of the name or title of the person or the name of the organization; or (b) The name or title of a person or the name of an organization is used with a quo- tation made by the person or by an author- ized person on behalf of an organization, the quotation was disseminated to the public prior to its inclusion in the argument or statement and the quotation is identified by its source and date. (3) A person may not: (a) Submit a false signature under sub- section (2) of this section; or (b) Alter the manner in which a person signing a statement of consent described in subsection (2) of this section designates the person′s name or title or the name of the organization the person represents to appear in the argument or statement. This para- graph does not prohibit revisions allowed or required under ORS 251.055 or 251.087. [1987 c.724 §2; 1991 c.719 §47; 1993 c.493 §108; 2001 c.564 §1; 2003 c.233 §2] 251.050 [Repealed by 1957 c.217 §9] 251.055 Type of material to be ex- cluded from pamphlet; liability for libel; procedure if material excluded; rules. (1) The Secretary of State shall reject any statement, argument or other matter offered for filing and printing in a voters′ pamphlet which: (a) Contains any obscene, profane or defamatory language; (b) Incites or advocates hatred, abuse or violence toward any person or group; or (c) Contains any language which may not legally be circulated through the mails. (2) Nothing in this chapter shall make the author of any statement or argument ex- empt from any civil or criminal action be- cause of any defamatory statements offered for printing or contained in the voters′ pam- phlet. The persons writing, signing or offer- ing a statement or argument for filing shall be deemed its authors and publishers. (3) The Secretary of State by rule shall establish a procedure to notify a person who offered a statement, argument or other mat- ter that was rejected pursuant to this sec- tion. Subject to voters′ pamphlet deadlines, the procedure shall require the Secretary of State to: (a) Make reasonable attempts to notify the person of the rejection; and (b) Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement so that it does not violate the provisions of this section. [Formerly 255.040; 1993 c.351 §1] 251.060 [1957 c.217 §5; 1979 c.190 §318; renumbered 258.046] 251.065 Filing portrait and statement by or for candidate; format of statement; rules. (1) Not later than the 68th day before the primary election, any candidate or agent on behalf of the candidate for nomination or election at the primary election to the office of President or Vice President of the United States, United States Senator, Representative in Congress or any state office as defined in ORS 249.002 may file with the Secretary of State a portrait of the candidate and a printed or typewritten statement of the rea- sons the candidate should be nominated or elected. A candidate or agent on behalf of the candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district or- ganized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under ORS 251.067. (2) Not later than the 70th day before the general election, any candidate or agent on Title 23 Page 76 (2007 Edition)
  • 79. VOTERS′ PAMPHLET 251.075 behalf of the candidate for election at the general election to the office of President or Vice President of the United States, United States Senator, Representative in Congress or any state office as defined in ORS 249.002 may file with the Secretary of State a por- trait of the candidate and a printed or type- written statement of the reasons the candidate should be elected. A candidate or agent on behalf of the candidate for election to any county or city office, or to an elected office of a metropolitan service district or- ganized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under ORS 251.067. (3) In the case of a special election to fill a vacancy as described in ORS 251.022, the Secretary of State by rule shall set the deadline for filing with the secretary a por- trait of the candidate and a printed or type- written statement of the reasons the candidate should be nominated or elected. (4) Subject to subsections (1) to (3) of this section, the Secretary of State by rule shall establish the format of the statements per- mitted under this section. (5) A portrait or statement filed under this section shall be accompanied by a tele- phone or electronic facsimile transmission machine number where the candidate may be contacted for purposes of ORS 251.087. [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 c.550 §6; 1995 c.712 §36; 1999 c.318 §10; 1999 c.999 §40] 251.067 Inclusion of portrait and statement of candidate for county, city or metropolitan service district office; inclusion of county measure or metro- politan service district measure. (1) A candidate or agent on behalf of the candidate for nomination or election to any county or city office, or to an elected office of a met- ropolitan service district organized under ORS chapter 268, may file a portrait or statement for inclusion in the state voters′ pamphlet under ORS 251.065 if a county vot- ers′ pamphlet described in ORS 251.305 to 251.435 is not prepared for the election in each county in which the electoral district of the candidate is located. (2) A county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, ex- planatory statement and arguments relating to the measure, shall be included in the state voters′ pamphlet as provided in ORS 251.285, if a county voters′ pamphlet described in ORS 251.305 to 251.435 is not prepared: (a) For the election on the county meas- ure; or (b) In each county in which the metro- politan service district is located, for the election on the metropolitan service district measure. (3) If a county voters′ pamphlet described in ORS 251.305 to 251.435 is prepared for an election at which a candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, is listed on the ballot, or at which a county measure or a measure of a metropolitan ser- vice district organized under ORS chapter 268 is listed on the ballot, the county voters′ pamphlet shall include the county or city of- fice, the office of the metropolitan service district or the county measure or measure of the metropolitan service district. Such offices and measures shall not be included in any state voters′ pamphlet prepared for the election and distributed in the county for which the county voters′ pamphlet is pre- pared. (4) If a city or metropolitan service dis- trict organized under ORS chapter 268 is lo- cated in more than one county, and a county in which the city or metropolitan service district is located does not prepare a county voters′ pamphlet described in ORS 251.305 to 251.435 for the election, candidates for nomi- nation or election to any city office or an elected office of the metropolitan service district, and any measure of the metropolitan service district, shall be included in the state voters′ pamphlet to be distributed to the county that does not prepare a county voters′ pamphlet. The Secretary of State shall desig- nate the candidates and measures that may be included in the state voters′ pamphlet un- der this subsection. [1999 c.318 §8] 251.069 Map of metropolitan service district to be printed in certain pam- phlets. The Secretary of State shall include in each voters′ pamphlet, in which material of a candidate for nomination or election to an office of a metropolitan service district organized under ORS chapter 268 is printed as provided in ORS 251.065, 251.067 and 251.285, a map of the service district which illustrates the boundaries of each subdistrict. The map shall be printed immediately pre- ceding the material of the candidates for an office of the district. [Formerly 251.036] 251.070 [1957 c.217 §6; 1979 c.190 §319; renumbered 258.055] 251.075 Portrait requirements; rules. (1) A candidate may not submit for inclusion in the voters′ pamphlet a portrait that was taken more than four years before the date the portrait is filed with the Secretary of State. (2) A portrait submitted for inclusion in the voters′ pamphlet shall: Title 23 Page 77 (2007 Edition)
  • 80. 251.085 ELECTIONS (a) Be a conventional photograph with a plain background; (b) Show the face or the head, neck and shoulders of the candidate; and (c) Be prepared and processed for print- ing as prescribed by the Secretary of State. (3) A portrait submitted for inclusion in the voters′ pamphlet may not: (a) Include the hands or anything held in the hands of the candidate; (b) Show the candidate wearing a judicial robe, a hat or a military, police or fraternal uniform; and (c) Show the uniform or insignia of any organization. (4) The Secretary of State by rule shall prescribe the size and manner of placement of the portrait printed in the voters′ pam- phlet, except that the size of a portrait shall not be smaller than 1.5 inches by 1.75 inches. The rule shall apply in the same manner to all candidates for the same nomination or office. [1979 c.190 §178; 1979 c.533 §2; 1985 c.808 §30a; 1987 c.707 §11; 1999 c.318 §11; 2003 c.233 §1] 251.080 [1957 c.217 §7; 1969 c.617 §1; repealed by 1979 c.190 §431] 251.085 Format of candidate′s state- ment. The candidate′s statement shall begin with a summary of the following: Occupa- tion, educational and occupational back- ground, and prior governmental experience. [Formerly 255.027] 251.087 Secretary of State review of candidate portrait and statement; proce- dure if portrait or statement must be re- vised; rules. (1) If a candidate files a portrait and statement under ORS 251.065 for inclusion in the voters′ pamphlet, the Secre- tary of State shall review the portrait and statement to ensure that the portrait com- plies with the requirements of ORS 251.075 and that the statement complies with the re- quirements of ORS 251.049 and 251.085. (2) Review by the Secretary of State un- der this section shall be limited to determin- ing whether the portrait and statement comply with the requirements of ORS 251.049, 251.075 and 251.085 and shall not in- clude any determination relating to the ac- curacy or truthfulness of materials filed. (3) The Secretary of State shall review each portrait and statement not later than three business days following the deadline for filing a portrait and statement under ORS 251.065. If the Secretary of State determines that the portrait or statement of a candidate must be revised in order to comply with the requirements of ORS 251.049, 251.075 or 251.085, the Secretary of State shall attempt to contact the candidate not later than the fifth business day following the deadline for filing a portrait and statement under ORS 251.065. A candidate contacted by the Secre- tary of State under this section may file a revised portrait or statement not later than the seventh business day following the dead- line for filing a portrait and statement under ORS 251.065. (4) If the Secretary of State is required to attempt to contact a candidate under sub- section (3) of this section, the Secretary of State shall attempt to contact the candidate by telephone or by using an electronic transmission facsimile machine. (5) If the Secretary of State is unable to contact a candidate or if the candidate does not file a revised portrait or statement, the following rules apply: (a) If a portrait does not comply with ORS 251.075, the Secretary of State may modify the portrait. The candidate shall pay the expense of any modification prior to publication of the portrait in the voters′ pamphlet. If the portrait cannot be modified to comply with ORS 251.075, the portrait shall not be printed in the voters′ pamphlet. (b) If a statement does not comply with ORS 251.085 the statement shall not be printed in the voters′ pamphlet. (c) If a statement does not comply with ORS 251.049, the Secretary of State shall edit the statement to remove language that does not comply with ORS 251.049. (6) If the portrait or statement of a can- didate filed under ORS 251.065 does not comply with a requirement of ORS 251.049, 251.075 or 251.085 and the Secretary of State does not attempt to contact the candidate by the deadline specified in subsection (3) of this section, for purposes of ORS 251.049, 251.075 and 251.085 only, the portrait or statement shall be printed as filed. (7) A candidate revising a portrait or statement under this section shall make only those revisions necessary to comply with ORS 251.049, 251.075 and 251.085. (8) The Secretary of State by rule may define the term “contact” as used in this section. [1995 c.550 §2] 251.090 [1957 c.217 §8; 1973 c.197 §4; 1979 c.190 §322; renumbered 258.085] 251.095 Fees for candidate space in voters′ pamphlet; use of space. (1) At the time materials are filed under ORS 251.065, each candidate for nomination or election to any of the following offices shall pay to the Secretary of State the following fee for space in the voters′ pamphlet: (a) President or Vice President of the United States, United States Senator, Repre- sentative in Congress or any state office to 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 any other office, $300. (2) The space allotted to each candidate shall be used for materials filed under ORS 251.065, including the portrait and statement of reasons the candidate should be nominated or elected and the information required un- der ORS 251.085. If a portrait is not filed, the statement may cover the entire allotted space. The length of the statement shall not exceed 325 words. All materials submitted by a candidate under ORS 251.065 shall fit within 30 square inches of space. All candi- dates shall be allowed the same amount of space. [Formerly 255.051; 1981 c.375 §2; 1983 c.567 §14; 1985 c.808 §30b; 1987 c.707 §12; 1999 c.318 §12] 251.110 [Repealed by 1957 c.217 §9] 251.115 Statement of statewide and less than statewide political party or as- sembly; size; fees. (1) Not later than the 70th day before the general election, the party officers as designated in the organiza- tional documents of any statewide political party or assembly of electors having nomi- nated candidates may file with the Secretary of State a printed or typewritten statement of arguments for the success of its principles and election of its candidates on a statewide basis and opposing the principles and candi- dates of other political parties or organiza- tions on a statewide basis. (2) Not later than the 70th day before the general election, the party officers as desig- nated in the organizational documents of any less than statewide political party or assem- bly of electors having nominated candidates may file with the Secretary of State a type- written statement of arguments for the suc- cess of its principles and election of its candidates on a county basis and opposing the principles and candidates of other poli- tical parties or organizations on a county basis. (3) The size of the statements permitted under this section shall not exceed 60 square inches for any statewide political party or assembly of electors having nominated can- didates and 30 square inches for any less than statewide political party or assembly of electors having nominated candidates. The fee for a statement filed under this section shall be $600 for any statewide political party or assembly of electors having nominated candidates and $300 for any less than state- wide political party or assembly of electors having nominated candidates. [Formerly 255.211; 1987 c.707 §13; 1989 c.503 §10; 1993 c.797 §22; 1999 c.318 §13] 251.120 [Repealed by 1957 c.217 §9] 251.125 Identification of portrait or statement; disclaimer. At the bottom of each allotted space of the voters′ pamphlet containing a portrait or statement filed by a candidate, political party or assembly of electors, the Secretary of State shall include: (1) A statement identifying the person who furnished the portrait or statement; and (2) A disclaimer in boldfaced type in sub- stantially the following form: __________________________________________ The above information has not been verified for accuracy by the State of Oregon. __________________________________________ [1979 c.190 §182; 2005 c.234 §1] 251.130 [Repealed by 1957 c.217 §9] 251.135 Refund of filing fee. Not later than the last day for filing material for inclusion in a voters′ pamphlet, the person who paid the filing fee may receive a refund from the Secretary of State. When a refund is made, the material for which the fee was paid shall not be included in the pamphlet. [1979 c.190 §183] 251.140 [Repealed by 1957 c.217 §9] 251.145 Exemption from public records law. Notwithstanding ORS 192.410 to 192.505 relating to public records, materials filed by a political party, assembly of electors or candidate for inclusion in a voters′ pamphlet and arguments supporting or opposing a measure filed by any person for inclusion in a voters′ pamphlet are exempt from public inspection until the fourth business day after the final date for filing the materials. [1979 c.190 §184; 1991 c.719 §48; 1993 c.493 §18] 251.150 [Repealed by 1957 c.217 §9] 251.155 Statements and arguments in- admissible in action to enjoin publication of pamphlet. Material submitted for inclu- sion in any voters′ pamphlet shall not be ad- mitted as evidence in any suit or action against the Secretary of State to restrain or enjoin the publication of the voters′ pam- phlet. [Formerly 255.018] 251.160 [Repealed by 1957 c.217 §9] 251.165 Preparing material for inclu- sion in state voters′ pamphlet. (1) The Secretary of State shall prepare: (a) A list of the names of candidates for nomination or election at the primary election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under ORS 251.067, or a list of names of candidates for election at the gen- eral election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or Title 23 Page 79 (2007 Edition)
  • 82. 251.175 ELECTIONS elected office of a metropolitan service dis- trict required to be included under ORS 251.067, along with a designation of the of- fices for which the candidates are competing; (b) All portraits and statements filed un- der ORS 251.065 and 251.115; and (c) The information specified in ORS 251.185 relating to measures to be voted upon at the election for which the pamphlet is prepared. (2) For a special election described in ORS 251.022, the Secretary of State shall prepare a list of the names of candidates for nomination or election to the offices of United States Senator or Representative in Congress along with all portraits and state- ments filed for the special election under ORS 251.065. (3) The items specified in subsections (1) and (2) of this section shall be properly com- piled, edited, prepared and indexed for print- ing by the Secretary of State before delivery to the printer. [Formerly 255.061; 1987 c.267 §28; 1987 c.707 §14; 1991 c.719 §§25,26; 1995 c.712 §38; 1999 c.318 §14; 1999 c.999 §41] 251.175 Distribution of pamphlet; rules for nonstatewide special elections. (1) Ex- cept as provided in subsection (2) of this section, not later than the 20th day before a primary election, general election or special election for which a voters′ pamphlet has been prepared, the Secretary of State shall cause the voters′ pamphlet to be mailed to each post-office mailing address in Oregon, and shall use any additional means of dis- tribution necessary to make the pamphlet available to electors. (2) For any special election described in ORS 251.022 that is not held statewide, or for any other state special election that is not held statewide, the Secretary of State by rule may prescribe methods for distributing the voters′ pamphlet prepared for the election. The rule shall require the secretary to mail the pamphlet to at least each elector whose registration is determined to be active on the 21st day before the date of the election and who is eligible to vote in the election. The rule may specify other methods of distrib- ution. Voters′ pamphlets prepared for the election shall be mailed not later than the date ballots are mailed to electors as pro- vided in ORS 254.470. [1979 c.190 §187; 1987 c.267 §29; 1995 c.712 §40; 1999 c.318 §15; 1999 c.1002 §8; 2007 c.154 §12] STATE INITIATIVE AND REFERENDUM PAMPHLET 251.185 Measures, estimates, state- ments and arguments included in voters′ pamphlet; county and metropolitan ser- vice district measures. (1) The Secretary of State shall have printed in the voters′ pamphlet for a general election or any spe- cial election a copy of the title and text of each state measure to be submitted to the people at the election for which the pamphlet was prepared. Each measure shall be printed in the pamphlet with: (a) The number and ballot title of the measure; (b) The financial estimates and any statement prepared for the measure under ORS 250.125; (c) The explanatory statement prepared for the measure; and (d) Arguments relating to the measure and filed with the Secretary of State. (2) A county measure or measure of a metropolitan service district organized under ORS chapter 268, and ballot title, explana- tory statement and arguments relating to the measure, filed by the county or metropolitan service district under ORS 251.285 shall be included in the voters′ pamphlet described in subsection (1) of this section if required un- 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 §4] 251.195 Form for printing proposed constitutional amendment. The text of a proposed amendment to the Oregon Consti- tution shall be printed in the voters′ pam- phlet to indicate by the use of brackets and italic type the words that would be deleted from, and by boldfaced type the words that would be added to, the existing provision. [Formerly 255.440; 1989 c.503 §11] 251.205 Appointment of committee to draft explanatory statement of measure proposed by initiative or referendum. (1) As used in this section, “proponents” means: (a) With respect to any state measure in- itiated or referred by petition, the chief peti- tioners; or (b) With respect to a measure referred by the Legislative Assembly, the President of the Senate, who shall appoint a Senator, and the Speaker of the House of Representatives, who shall appoint a Representative. (2) For each state measure to be submit- ted to the people at a special election held on the date of a primary election or any general election, a committee of five citizens shall be selected to prepare the explanatory statement under ORS 251.215. (3) Not later than the 120th day before the election, the proponents of the measure shall appoint two members to the committee and notify the Secretary of State in writing of the selections. If the proponents do not appoint two members, the Secretary of State shall appoint two members of the committee from among supporters, if any, of the meas- Title 23 Page 80 (2007 Edition)
  • 83. VOTERS′ PAMPHLET 251.235 ure not later than the 118th day before the election. (4) Not later than the 118th day before the election, the Secretary of State shall ap- point two members of the committee from among the opponents, if any, of the measure. (5) The four appointed members of the committee shall select the fifth member and notify the Secretary of State in writing of the selection. If the four members have not selected the fifth member by the 111th day before the election, the fifth member shall be appointed by the Secretary of State not later than the 109th day before the election. (6) A vacancy shall be filled not later than two business days after the vacancy oc- curs by the person who made the original appointment. Unless the Secretary of State fills a vacancy, the person filling the vacancy shall notify the Secretary of State in writing of the selection. (7) With respect to a measure referred by the Legislative Assembly, a Senator or Rep- resentative appointed under subsection (2) of this section may disclose whether the Sen- ator or Representative supports or opposes the state measure. The Secretary of State shall print the disclosure in the voters′ pam- phlet following the explanatory statement. (8) The Legislative Administration Com- mittee shall provide any administrative staff assistance required by the explanatory state- ment committee to facilitate the work of the explanatory statement committee under this section or ORS 251.215. (9) For purposes of this section, “measure” includes an initiative petition re- lating to a state measure that has been filed with the Secretary of State for the purpose of verifying signatures under ORS 250.105. The requirements of this section shall not apply to the petition if the secretary deter- mines that the petition contains less than the required number of signatures of elec- tors. [Formerly 254.210; 1987 c.707 §15; 1995 c.607 §§31,31a; 1999 c.844 §2; 2001 c.965 §9] 251.215 Preparation and filing of ex- planatory statement of measure. (1) Not later than the 99th day before a special election held on the date of a primary election or any general election at which any state measure is to be submitted to the peo- ple, the committee appointed under ORS 251.205 shall prepare and file with the Sec- retary of State, an impartial, simple and un- derstandable statement explaining the measure. The statement shall not exceed 500 words. (2) Not later than the 95th day before the election, the Secretary of State shall hold a hearing in Salem upon reasonable statewide notice to receive suggested changes or other information relating to any explanatory statement. At the hearing any person may submit suggested changes or other informa- tion orally or in writing. Written suggestions or other information also may be submitted at any time before the hearing. (3) The committee for each measure shall consider suggestions and any other informa- tion submitted under subsection (2) of this section, and may file a revised statement with the Secretary of State not later than the 90th day before the election. (4) The original statement and any re- vised statement must be approved by at least three members of the committee. If a member does not concur, the statement shall show only that the member dissents. (5) For purposes of this section, “measure” includes an initiative petition re- lating to a state measure that has been filed with the Secretary of State for the purpose of verifying signatures under ORS 250.105. The requirements of this section shall not apply to the petition if the secretary deter- mines that the petition contains less than the required number of signatures of elec- tors. [Formerly 254.222; 1991 c.719 §49; 1993 c.493 §20; 1993 c.811 §14; 1995 c.712 §42; 2001 c.965 §10] 251.225 Preparation and filing of ex- planatory statement by Legislative Coun- sel Committee; when explanatory statement of committee used. (1) The Legislative Counsel Committee shall prepare an impartial, simple and understandable statement of not more than 500 words ex- plaining each state measure. The statement shall be filed with the Secretary of State not later than the last day for filing a statement prepared under ORS 251.215. (2) If an explanatory statement is not filed by a committee under ORS 251.215, the statement of the Legislative Counsel Com- mittee shall be the explanatory statement of the measure, and shall be subject to the pro- visions of ORS 251.215. [Formerly 254.225; 1993 c.493 §21; 1993 c.811 §15] 251.230 Effect if explanatory state- ment not filed. If an explanatory statement is not filed by a committee under ORS 251.215 or by the Legislative Counsel Com- mittee under ORS 251.225, the measure shall be printed in the voters′ pamphlet without the explanatory statement. [1991 c.971 §6] 251.235 Supreme Court review of ex- planatory statement; service require- ments. (1) Any person dissatisfied with an explanatory statement for which suggestions were offered at the Secretary of State′s hearing under ORS 251.215 may petition the Supreme Court seeking a different statement and stating the reasons the statement filed with the court is insufficient or unclear. If Title 23 Page 81 (2007 Edition)
  • 84. 251.245 ELECTIONS the petition is filed and served as required in subsection (2) of this section not later than the fifth day after the deadline for filing a revised statement with the Secretary of State, the court shall review the statement and certify an explanatory statement to the Secretary of State. Failure to file and serve the petition within the time prescribed in this subsection precludes Supreme Court re- view and certification of an explanatory statement. If the court considers the petition, the court may allow oral argument. The re- view by the Supreme Court shall be con- ducted expeditiously to ensure the orderly and timely conduct of the election at which the measure is to be submitted to the elec- tors. The statement certified by the court shall be the explanatory statement printed in the voters′ pamphlet. (2) At the time a person petitions the Supreme Court under subsection (1) of this section, the person also shall serve a copy of the petition on: (a) The Attorney General; (b) The members of the explanatory statement committee, if the committee filed a statement under ORS 251.215; (c) The chief petitioners of the state measure, if the measure was initiated or re- ferred by petition; and (d) The Legislative Counsel, if the meas- ure was referred by the Legislative Assembly or if the explanatory statement prepared by the Legislative Counsel Committee is the ex- planatory statement for the measure under ORS 251.225. [Formerly 254.230; 2001 c.18 §1] 251.245 Committee to prepare and file argument in support of measure referred by legislature. (1) For any measure referred to the electors by the Legislative Assembly, an argument prepared by the Legislative As- sembly in support of the measure may be printed in the voters′ pamphlet. The size and length of an argument under this section shall be determined as specified in ORS 251.255. (2) A joint committee consisting of one Senator, to be appointed by the President of the Senate, and two Representatives, to be appointed by the Speaker of the House of Representatives, shall be appointed to pre- pare the argument. The committee shall file the argument with the Secretary of State not later than the 70th day before a general election or the 68th day before a special election held on the date of any primary election. There shall be no fee for including an argument submitted under this section in the voters′ pamphlet. [Formerly 255.465; 1987 c.267 §33; 1995 c.712 §43; 1999 c.318 §17] 251.255 Filing arguments for or against measure; fee or petition; size of argument space; rules. (1) Not later than the 70th day before a general election or the 68th day before a special election held on the date of any primary election at which a state measure is to be voted upon, any person may file with the Secretary of State a printed or typewritten argument supporting or opposing the measure. (2) A person filing an argument under this section shall pay a fee of $500 to the Secretary of State when the argument is filed or may submit a petition in a form prescribed by the Secretary of State containing the sig- natures of 1,000 electors eligible to vote on the measure. Each person signing the peti- tion shall subscribe to a statement that the person has read and agrees with the argu- ment. The signatures on each petition shall be certified by the county clerk in the man- ner provided in ORS 249.008. The petition shall be filed with the Secretary of State. (3) The Secretary of State by rule shall establish the size and length of arguments permitted under ORS 251.245 and this sec- tion. The size and length of an argument may not exceed 30 square inches or 325 words. The size and length limitations shall be the same for arguments submitted under ORS 251.245 or this section. [Formerly 255.415; 1989 c.646 §1; 1995 c.712 §45; 1999 c.318 §18; 2005 c.797 §55] 251.260 Secretary of State review of arguments for error in identification of measure number or designation of sup- port or opposition to measure; changes allowed. (1) Not later than three business days following the deadline for filing an ar- gument supporting or opposing a state meas- ure under ORS 251.255, the Secretary of State shall review each argument to deter- mine whether the person filing the argument made an error in: (a) Identifying the measure number to which the argument relates; or (b) Designating that the argument sup- ports or opposes the measure. (2) If the Secretary of State determines that the person filing the argument may have made an error described in subsection (1) of this section, the secretary shall attempt to contact the person not later than the fifth business day following the deadline for filing the argument. A person contacted by the secretary under this section may file a change to the identification of the measure number or the designation of the argument not later than the seventh business day fol- lowing the deadline for filing the argument. (3) If the Secretary of State is required to attempt to contact a person under subsec- tion (2) of this section, the secretary shall Title 23 Page 82 (2007 Edition)
  • 85. VOTERS′ PAMPHLET 251.285 attempt to contact the person by telephone, electronic mail, electronic facsimile trans- mission or other method designated by the secretary by rule. (4) If a person files a change to an argu- ment under subsection (2) of this section, the argument shall be printed in the voters′ pamphlet as changed under subsection (2) of this section. If the Secretary of State is una- ble to contact a person under subsection (2) of this section or if the secretary contacts the person and the person does not file a change to the argument, the argument shall be printed in the voters′ pamphlet as ori- ginally filed. [2003 c.752 §2] 251.265 Author of argument, author′s organization and disclaimer to be in- cluded in voters′ pamphlet. The Secretary of State shall include in the voters′ pamphlet on the page of the printed argument on a measure the name of the person who sub- mitted the argument, the name of the organ- ization the person represents, if any, whether the argument supports or opposes the meas- ure, and a disclaimer in substantially the following form: __________________________________________ The printing of this argument does not con- stitute an endorsement by the State of Ore- gon, nor does the state warrant the accuracy or truth of any statement made in the argu- ment. __________________________________________ [Formerly 255.435] 251.275 [Formerly 255.418; repealed by 1993 c.811 §20] 251.285 Inclusion of county measure or metropolitan service district measure in voters′ pamphlet. (1) If any county measure or any measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory state- ment and arguments relating to the measure, are to be included by the Secretary of State in the state voters′ pamphlet as provided in ORS 251.067, the requirements of this section shall be satisfied. (2) The county or district measure, ballot title, explanatory statement and arguments shall not be printed in the voters′ pamphlet unless: (a) The ballot title is a concise and im- partial statement of the purpose of the measure; (b) The explanatory statement is an im- partial, simple and understandable statement explaining the measure and its effect; (c) The county or metropolitan service district adopts and complies with an ordi- nance that provides a review procedure for a ballot title or explanatory statement which is contested because it does not comply with the requirements of paragraph (a) or (b) of this subsection; (d) The county or metropolitan service district adopts and complies with an ordi- nance that provides for acceptance of type- written arguments relating to the measure to be printed on 30 square inches of the voters′ pamphlet; and (e) The county or metropolitan service district does not require of a person filing an argument a payment of more than $300, or a petition containing more than a number of signatures equal to 1,000 electors eligible to vote on the measure or 10 percent of the total of such electors, whichever is less. (3) Any judicial review of a determi- nation made under the review procedures adopted under subsection (2)(c) of this sec- tion shall be first and finally in the circuit court of the judicial district in which the county is located or, for a district measure, in the circuit court of the judicial district in which the administrative office of the metro- politan service district is located. (4) If the county or metropolitan service district has adopted and complied with ordi- nances prescribed in subsection (2) of this section, the decision to include the county or district measure, ballot title, explanatory statement and arguments in the voters′ pam- phlet shall be made by: (a) The county governing body with re- gard to any county measure or the council of the metropolitan service district with re- gard to any district measure; (b) The chief petitioners of the initiative or referendum with regard to a county or district measure initiated or referred by the people. The chief petitioners shall indicate their decision in a statement signed by all of the chief petitioners and filed with the county clerk or, for a district measure, with the executive officer of the metropolitan ser- vice district; or (c) A political committee, as defined in ORS 260.005, that opposes the county or dis- trict measure. The committee shall indicate its decision in a statement signed by every committee director, as defined in ORS 260.005, and filed with the county clerk or, for a district measure, with the executive of- ficer of the metropolitan service district. (5) The county or metropolitan service district shall file the measure, ballot title, explanatory statement and arguments with the Secretary of State not later than the 70th day before the general election or the 68th day before a special election held on the date of any primary election. The county or dis- trict shall pay to the Secretary of State the Title 23 Page 83 (2007 Edition)
  • 86. 251.295 ELECTIONS cost of including the county or district ma- terial in the pamphlet as determined by the secretary. The Secretary of State shall not have this material printed in the pamphlet unless: (a) The time for filing a petition for judi- cial review of a determination made under subsection (2)(c) of this section has passed; and (b) The measure, title, statement and ar- guments properly filed with the county or metropolitan service district, are delivered to the secretary. [Formerly 255.455; 1981 c.173 §29; 1989 c.250 §1; 1991 c.15 §3; 1991 c.719 §11; 1995 c.712 §47; 1999 c.318 §53; 2001 c.965 §11] 251.295 Radio and television broad- casts to supplement pamphlet. The Secre- tary of State, pursuant to ORS 193.310 to 193.360, may supplement the special or gen- eral election voters′ pamphlet by causing to have broadcast by radio or television, mate- rial specified in this section at times the secretary determines suitable during the four weeks immediately preceding the election at which state measures are to be submitted to the people. The material provided by broad- cast shall include only the following: (1) The ballot title or popular name of each state measure. (2) The number and form in which the ballot title of the state measures will be printed on the official ballot. (3) A summary of the explanatory state- ments filed relating to each state measure. [Formerly 255.510] COUNTY VOTERS′ PAMPHLET 251.305 County voters′ pamphlet. The county clerk of any county may prepare, print and distribute a county voters′ pam- phlet for any election. [1989 c.1031 §2; 1991 c.48 §1] 251.310 [Repealed by 1957 c.217 §9] 251.315 Information required to be in- cluded in voters′ pamphlet; deadline for distribution. (1) If a county produces a county voters′ pamphlet, the county voters′ pamphlet shall include, when applicable, at least the following information: (a) Requirements for a citizen to qualify as an elector. (b) Requirements for registration and up- dates of registration. (c) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled and the right of an elector to seek assistance in marking the ballot. (d) The hours and locations of places designated under ORS 254.470 for deposit of official ballots. (e) Any portraits and statements relating to candidates submitted in accordance with the provisions of ORS 251.305 to 251.435. (f) Any ballot titles, explanatory state- ments and arguments submitted in accor- dance with the provisions of ORS 251.305 to 251.435. (g) Such other information as the county clerk considers to be appropriate or neces- sary to inform the voters. (2) The county clerk shall mail or other- wise distribute the county voters′ pamphlet not later than the last day for mailing ballots to electors as provided in ORS 254.470. [1989 c.1031 §3; 1993 c.713 §29; 1993 c.811 §16; 1999 c.410 §26; 2007 c.154 §13] 251.320 [Repealed by 1957 c.217 §9] 251.325 Schedule and procedures for producing and distributing pamphlet; fees; rules. (1) The Secretary of State by rule shall adopt a schedule and procedures for preparing, printing and distributing county voters′ pamphlets. The schedule and procedures shall include but not be limited to deadlines for filing material for the voters′ pamphlet, and except as otherwise provided by law, the format of material to be submit- ted and the size and other requirements ap- plicable to candidate portraits. (2) Except as provided in subsection (3) of this section, at the time materials are filed under ORS 251.335, each candidate for nomi- nation or election to the following offices shall pay to the county clerk the following fee for space in the county voters′ pamphlet: (a) An office to which a salary or other compensation beyond expenses is attached, $100. (b) An office to which a salary or other compensation beyond expenses is not at- tached, $25. (3) At the time materials are filed under ORS 251.335, each candidate for nomination or election to a city or county office at the primary or general election shall pay to the county clerk the following fee for space in the county voters′ pamphlet: (a) If the number of active electors in the electoral district is less than 1,000, $25. (b) If the number of active electors in the electoral district is 1,000 or more and less than 10,000, $50. (c) If the number of active electors in the electoral district is 10,000 or more and less than 50,000, $100. (d) If the number of active electors in the electoral district is 50,000 or more, $300. (4) The Secretary of State by rule shall adopt a schedule of fees to be charged by the county clerks for including arguments in the voters′ pamphlet. The fees need not reflect Title 23 Page 84 (2007 Edition)
  • 87. VOTERS′ PAMPHLET 251.365 the actual cost of producing the voters′ pam- phlet. (5) The county clerk shall refund a filing fee described in this section to any person who applies for the refund not later than the last day for filing material for inclusion in the voters′ pamphlet. When a refund is made, the material for which the fee was paid may not be included in the pamphlet. (6) As used in this section, “electoral district” means a county, the part of a city located within the county or, if a candidate is elected by zone or subdistrict of the county or city, the zone or subdistrict in which the candidate is nominated or elected. [1989 c.1031 §4; 2003 c.468 §1] 251.330 [Repealed by 1957 c.217 §9] 251.335 Filing portrait and statement by or for candidate; disclaimer. (1) As used in this section, “district” has the mean- ing given that term in ORS 255.012. (2) Not later than the date specified by the Secretary of State, any candidate for nomination or election to county, city or special district office within the county, or an agent of the candidate, may file with the county clerk of a county that prepares a county voters′ pamphlet a portrait of the candidate and a typewritten statement of the reasons the candidate should be elected. The portrait and statement must comply with the applicable rules of the Secretary of State. (3) The county clerk may not accept the filing of a statement or portrait of any can- didate unless the filing is accompanied by the appropriate fee described in ORS 251.325. (4) At the bottom of each allotted space of the county voters′ pamphlet containing a portrait and statement filed by a candidate, the county clerk shall include: (a) A statement identifying the person who furnished the portrait and statement; and (b) A disclaimer in boldfaced type in substantially the following form: __________________________________________ The above information has not been verified for accuracy by the county. __________________________________________ [1989 c.1031 §5; 2003 c.468 §2; 2005 c.234 §2] 251.340 [Repealed by 1957 c.217 §9] 251.345 Explanatory statement. Not later than the date specified by the Secretary of State, in a county that prepares a county voters′ pamphlet, the governing body for any electoral district that has referred a measure to the voters shall submit an impartial, sim- ple and understandable statement explaining the measure and its effect. [1989 c.1031 §6; 1991 c.48 §2] 251.350 [Repealed by 1957 c.217 §9] 251.355 Filing arguments for or against measure. (1) Not later than the date specified by the Secretary of State by rule, in a county that prepares a county vot- ers′ pamphlet, any person may file with the county clerk a typewritten argument sup- porting or opposing any measure to be sub- mitted to the voters on the ballot. The county clerk shall not accept any arguments which are not accompanied by the fee estab- lished by the Secretary of State or a petition in a form prescribed by the Secretary of State. A petition shall contain the signatures of at least four percent of the electors in the county eligible to vote on the measure to which the argument refers, or the signatures of 1,000 electors in the county eligible to vote on the measure to which the argument refers, whichever is less. The number of reg- istered electors in an electoral district, for the purposes of this section, shall be calcu- lated on January 1 of each year. Each person signing the petition shall subscribe to a statement that the person has read and agrees with the argument. The signatures on each petition shall be certified by the county clerk in the manner provided in ORS 249.008. The petition shall be filed with the county clerk. (2) The county clerk shall include in the county voters′ pamphlet, on the page of the printed argument, the name of the person who submitted the argument, the name of the organization the person represents, if any, whether the argument supports or op- poses the measure and a disclaimer that the argument does not constitute an indorsement by the county and that the county does not warrant the accuracy or truth of any state- ment made in the argument. [1989 c.1031 §7] 251.358 Omission from voters′ pam- phlet of ballot titles, explanatory state- ments and arguments for certain measures. Notwithstanding ORS 251.315, 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 the county clerk, the ballot title, explanatory statement and all arguments supporting or opposing the measure may be omitted from a county voters′ pamphlet. [1995 c.607 §33] Note: 251.358 was added to and made a part of 251.305 to 251.435 by legislative action but was not added to any smaller series therein. See Preface to Or- egon Revised Statutes for further explanation. 251.360 [Repealed by 1957 c.217 §9] 251.365 Cost of pamphlet preparation; allocation of revenue. (1) Any county clerk preparing, printing and distributing a county voters′ pamphlet may apportion the cost of preparing, printing and distributing the county voters′ pamphlet as a cost of the Title 23 Page 85 (2007 Edition)
  • 88. 251.375 ELECTIONS election according to the formula established by the Secretary of State for the allocation of election costs. The apportioned election costs shall be reduced for each electoral dis- trict by the amount of any revenue received by the county clerk from the submission of candidate portraits, statements and argu- ments for that electoral district. (2) Any revenue collected by the county clerk from the submission of candidate por- traits, statements or arguments for any elec- toral district which may exceed the apportioned cost of the election for that electoral district shall be applied to reduce the shared costs of the election for all re- maining electoral districts. [1989 c.1031 §8] 251.370 [Repealed by 1957 c.217 §9] 251.375 Exception to ORS 251.365 for certain districts. ORS 251.365 does not ap- ply to any special district for which the county clerk is required to hold elections if the special district demonstrates to the sat- isfaction of the county clerk that the special district is unable to pay the apportioned ex- penses of the voters′ pamphlet as determined under ORS 251.365. If the special district is unable to pay, the expenses apportioned to that district may be apportioned among the other electoral districts participating in the election. [1989 c.1031 §9] 251.380 [Repealed by 1957 c.217 §9] 251.385 “Electoral district” defined for ORS 251.345 to 251.375. As used in ORS 251.345 to 251.375, “electoral district” means the county or a city, or district as defined in ORS 255.012 located within the county. [1989 c.1031 §10] 251.390 [Repealed by 1957 c.217 §9] 251.395 Content of statements and ar- guments; notice of material that may be excluded. (1) Statements and arguments submitted for inclusion in a county voters′ pamphlet by a candidate, political party or assembly of electors, or a person supporting or opposing a measure shall consist only of words or numbers. (2) The county clerk shall specify on any instructions for filing a statement, argument or other material in the voters′ pamphlet that the statement, argument or material may be excluded under ORS 251.415. [1989 c.1031 §11; 1993 c.351 §4] 251.400 [Repealed by 1957 c.217 §9] 251.405 Names or titles of persons or names of organizations excluded from arguments and statements; exceptions; prohibitions. (1) Except as provided in sub- section (2) of this section, the county clerk may not print the name or title of a person or the name of an organization in an argu- ment supporting or opposing any measure or a statement of any candidate, filed for inclu- sion in a county voters′ pamphlet, if the name or title of the person or the name of the organization is cited as supporting or endorsing the argument or statement. (2) The county clerk may print the name or title of a person or the name of an organ- ization in an argument or statement submit- ted for inclusion in a county voters′ pamphlet as supporting or endorsing the ar- gument or statement if: (a) Not later than the deadline for filing an argument or statement with the county clerk, the county clerk receives a statement signed by the person, or by an authorized person on behalf of an organization, stating that the person consents to the use of the name or title of the person or the name of the organization; or (b) The name or title of a person or the name of an organization is used with a quo- tation made by the person or by an author- ized person on behalf of an organization, the quotation was disseminated to the public prior to its inclusion in the argument or statement and the quotation is identified by its source and date. (3) A person may not: (a) Submit a false signature under sub- section (2) of this section; or (b) Alter the manner in which a person signing a statement of consent described in subsection (2) of this section designates the person′s name or title or the name of the organization the person represents to appear in the argument or statement. This para- graph does not prohibit revisions allowed or required under ORS 251.415. [1989 c.1031 §12; 1993 c.493 §22; 2003 c.233 §3] 251.410 [Repealed by 1957 c.217 §9] 251.415 Type of material to be ex- cluded from pamphlet; liability for libel; procedure if material excluded. (1) The county clerk shall reject any statement, ar- gument or other matter offered for filing and printing in a county voters′ pamphlet which: (a) Contains any obscene, profane or defamatory language; (b) Incites or advocates hatred, abuse or violence toward any person or group; or (c) Contains any language which may not legally be circulated through the mails. (2) Nothing in this chapter shall make the author of any statement or argument ex- empt from any civil or criminal action be- cause of any defamatory statements offered for printing or contained in the voters′ pam- phlet. The persons writing, signing or offer- ing a statement or argument for filing shall be deemed its authors and publishers. (3) The county clerk shall by rule estab- lish a procedure to notify a person who of- Title 23 Page 86 (2007 Edition)
  • 89. VOTERS′ PAMPHLET 251.435 fered a statement, argument or other matter that was rejected pursuant to this section. Subject to voters′ pamphlet deadlines, the procedure shall require the county clerk to: (a) Make reasonable attempts to notify the person of the rejection; and (b) Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement so that it does not violate the provisions of this section. [1989 c.1031 §13; 1993 c.351 §2] 251.420 [Repealed by 1957 c.217 §9] 251.425 Format of candidate′s state- ment. The candidate′s statement in a county voters′ pamphlet shall begin with a summary of the following: Occupation, educational and occupational background, and prior govern- mental experience. [1989 c.1031 §14] 251.430 Exemption from public records law. Notwithstanding ORS 192.410 to 192.505 relating to public records, materials filed by a candidate for inclusion in a county voters′ pamphlet and arguments supporting or op- posing a measure filed by any person for inclusion in a county voters′ pamphlet are exempt from public inspection until the fourth business day after the final date for filing the materials. [1989 c.1031 §15; 1993 c.493 §23] 251.435 Statements and arguments in- admissible in action to enjoin publication of pamphlet. Material submitted for inclu- sion in any state or county voters′ pamphlet shall not be admitted as evidence in any suit or action against the county clerk to restrain or enjoin the publication of the voters′ pam- phlet. [1989 c.1031 §16] 251.440 [1989 c.773 §6; repealed by 1995 c.607 §91] 251.510 [1955 c.498 §1; 1957 c.218 §1; 1973 c.657 §5; repealed by 1979 c.190 §431] 251.520 [1955 c.498 §2; 1957 c.218 §2; 1963 c.351 §4; 1965 c.124 §1; 1975 c.675 §22; 1979 c.190 §324; renumbered 258.161] 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; renumbered 258.181] 251.550 [1955 c.498 §4; 1957 c.218 §3; 1963 c.351 §6; 1965 c.124 §2; 1975 c.675 §23; 1979 c.190 §327; renumbered 258.190] 251.560 [1955 c.498 §6; 1957 c.218 §4; 1963 c.351 §7; 1975 c.675 §24; 1979 c.190 §328; renumbered 258.200] 251.570 [1955 c.498 §7; 1957 c.218 §5; 1979 c.190 §329; renumbered 258.211] 251.580 [1955 c.498 §8; 1957 c.218 §6; 1965 c.124 §3; 1969 c.462 §1; repealed by 1979 c.190 §431] 251.590 [1955 c.498 §9; 1957 c.218 §7; 1963 c.351 §8; 1979 c.190 §330; renumbered 258.221] 251.600 [1955 c.498 §10; 1957 c.218 §8; 1963 c.351 §9; 1979 c.190 §332; renumbered 258.241] 251.610 [1955 c.498 §11; 1957 c.218 §9; 1963 c.351 §10; 1971 c.743 §348; 1979 c.190 §333; renumbered 258.250] 251.615 [1963 c.351 §3; 1979 c.190 §335; renumbered 258.270] 251.620 [1955 c.498 §14; 1957 c.218 §10; 1973 c.657 §6; repealed by 1979 c.190 §431] 251.625 [1963 c.351 §2; 1979 c.190 §323; renumbered 258.150] 251.630 [1969 c.272 §2; 1979 c.190 §331; renumbered 258.231] 251.635 [1969 c.272 §3; 1979 c.190 §334; renumbered 258.260] 251.640 [1973 c.657 §2; 1975 c.675 §25; 1979 c.190 §336; renumbered 258.280] 251.645 [1973 c.657 §3; 1975 c.675 §26; 1979 c.190 §337; renumbered 258.290] 251.650 [1973 c.657 §4; 1979 c.190 §338; renumbered 258.300] 251.990 [1955 c.498 §15; repealed by 1979 c.190 §431] 251.991 [Formerly 255.990; repealed by 1987 c.718 §5] Title 23 Page 87 (2007 Edition)
  • 90. ELECTIONS Title 23 Page 88 (2007 Edition)
  • 91. Chapter 252 (Former Provisions) Nonpartisan Nominations and Elections Note: For statutes relating to nonpartisan nomi- nations and elections see ORS chapter 249. 252.010 [Amended by 1961 c.533 §36; 1969 c.198 §11; repealed by 1979 c.190 §431] 252.020 [Amended by 1961 c.533 §37; repealed by 1979 c.190 §431] 252.030 [Amended by 1957 c.311 §1; 1961 c.533 §38; repealed by 1979 c.190 §431] 252.035 [1961 c.533 §39b; repealed by 1979 c.190 §431] 252.040 [Repealed by 1979 c.190 §431 and 1979 c.451 §3] 252.050 [Amended by 1957 c.311 §2; 1979 c.451 §1; repealed by 1979 c.190 §431] 252.060 [Amended by 1957 c.311 §3; 1961 c.533 §39; 1977 c.829 §14; 1979 c.190 §124; renumbered 249.205] 252.070 [Amended by 1957 c.311 §4; 1961 c.533 §40; 1969 c.198 §12; 1979 c.451 §2; 1979 c.587 §1; repealed by 1979 c.190 §431] 252.080 [Repealed by 1979 c.190 §431] 252.110 [Amended by 1969 c.198 §13; 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] 252.140 [Repealed by 1961 c.724 §34] 252.150 [1965 c.519 §§5,6,7; 1971 c.369 §1; repealed by 1979 c.190 §431 and 1979 c.713 §3] 252.160 [1965 c.519 §8; repealed by 1979 c.190 §431 and 1979 c.713 §3] 252.170 [1965 c.519 §9; repealed by 1979 c.190 §431 and 1979 c.713 §3] 252.180 [1965 c.519 §10; 1975 c.675 §27; repealed by 1979 c.190 §431 and 1979 c.713 §3] 252.190 [1965 c.519 §11; 1977 c.829 §15; repealed by 1979 c.190 §431 and 1979 c.731 §3] 252.200 [1965 c.519 §12; repealed by 1979 c.190 §431 and 1979 c.713 §3] 252.205 [1965 c.519 §13; repealed by 1979 c.190 §431 and 1979 c.713 §3] 252.210 [Repealed by 1961 c.624 §8 and 1965 c.519 §15] 252.220 [Repealed by 1961 c.624 §8 and 1965 c.519 §15] 252.230 [Repealed by 1961 c.624 §8 and 1965 c.519 §15] 252.240 [Repealed by 1961 c.624 §8 and 1965 c.519 §15] 252.250 [Repealed by 1961 c.624 §8 and 1965 c.519 §15] 252.255 [1955 c.108 §2; repealed by 1961 c.624 §8 and 1965 c.519 §15] 252.260 [Repealed by 1961 c.624 §8 and 1965 c.519 §15] 252.270 [Repealed by 1961 c.624 §8 and 1965 c.519 §15] 252.310 [Repealed by 1965 c.137 §1] 252.320 [Repealed by 1965 c.137 §1] 252.330 [Repealed by 1965 c.137 §1] 252.340 [Repealed by 1965 c.137 §1] 252.350 [Repealed by 1965 c.137 §1] 252.355 [Repealed by 1965 c.137 §1] 252.360 [Repealed by 1965 c.137 §1] 252.370 [Repealed by 1965 c.137 §1] 252.510 [1953 c.87 §1; repealed by 1979 c.190 §431] 252.520 [1953 c.87 §2; 1979 c.519 §24; repealed by 1979 c.190 §431] 252.530 [1953 c.87 §3; 1957 c.311 §6; 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 c.190 §431] 252.555 [1955 c.169 §4; 1957 c.311 §8; 1977 c.829 §16; repealed by 1979 c.190 §431] 252.560 [1953 c.87 §6; 1957 c.311 §9; repealed by 1979 c.190 §431] 252.570 [1953 c.87 §7; repealed by 1979 c.190 §431] 252.610 [1969 c.353 §1; repealed by 1979 c.190 §431] 252.620 [1969 c.353 §2; repealed by 1979 c.190 §431] 252.630 [1969 c.353 §3; repealed by 1979 c.190 §431] 252.640 [1969 c.353 §4; repealed by 1979 c.190 §431] 252.650 [1969 c.353 §5; 1977 c.829 §17; repealed by 1979 c.190 §431] 252.660 [1969 c.353 §6; repealed by 1979 c.190 §431] 252.670 [1969 c.353 §7; repealed by 1979 c.190 §431] 252.810 [1961 c.93 §2; 1979 c.190 §114; 1979 c.587 §5; renumbered 249.072] 252.820 [1967 c.65 §2; repealed by 1979 c.190 §431] 252.830 [1973 c.283 §6; repealed by 1979 c.190 §431] 252.840 [1977 c.508 §14; repealed by 1979 c.190 §431] 252.990 [Repealed by 1965 c.137 §1] Title 23 Page 89 (2007 Edition)
  • 92. ELECTIONS Title 23 Page 90 (2007 Edition)
  • 93. Chapter 253 2007 EDITION Absent Electors GENERAL PROVISIONS 253.005 Definitions 253.015 Becoming absent elector 253.030 Application for ballot; primary election; rules; continuing validity of application 253.045 Preparation and disposition of ballots 253.055 Form and content of ballot 253.065 Delivery of ballot; replacement ballots 253.070 Marking and returning ballot; procedure when ballot returned to wrong county clerk 253.080 Duties of clerk on receipt of ballot; man- ner of counting ballots 253.135 Special absent elector procedures LONG TERM ABSENT ELECTORS 253.500 Construction of long term absent elector law 253.510 Definitions for ORS 253.500 to 253.640 253.515 Long term absent elector procedures to conform to absentee ballot procedures 253.530 Voting by spouse and dependents of long term absent elector 253.540 Application for ballot by long term absent elector 253.545 County clerk duties upon receipt of appli- cation; application as registration 253.550 Applications made under federal statutes 253.565 Application for special ballot by long term absent elector 253.575 County clerk duties upon receipt of appli- cation for special ballot; application as valid voter registration; replacement bal- lots 253.585 Receipt of long term absent elector ballots by Secretary of State 253.640 State officers to coordinate voting by long term absent electors with federal author- ities 253.645 Electors called to active military duty 253.700 Duty to challenge absentee ballot; proce- dures 253.710 Alteration of application prohibited; ex- ceptions Title 23 Page 91 (2007 Edition)
  • 94. ELECTIONS Title 23 Page 92 (2007 Edition)
  • 95. ABSENT ELECTORS 253.065 GENERAL PROVISIONS 253.005 Definitions. As used in this chapter: (1) “Clerk” means the county clerk. (2) “County clerk” means the county clerk or the county official in charge of elections. (3) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (4) “Absent elector” means a person to whom the county clerk has issued a ballot prior to the date that ballots are mailed to electors as provided in ORS 254.470 (2)(a) or (b). [1979 c.190 §201; 1979 c.317 §10a; 1999 c.410 §27; 2007 c.154 §14] 253.007 [1999 c.410 §32; repealed by 2007 c.154 §67] 253.010 [Amended by 1957 c.641 §1; 1959 c.458 §1; 1969 c.676 §1; 1975 c.675 §28; 1977 c.352 §5; 1979 c.317 §10; repealed by 1979 c.190 §431] 253.015 Becoming absent elector. An elector may become an absent elector when the elector has reason to believe that the elector will be unable for any reason to vote at the election. [1979 c.190 §202] 253.020 [Amended by 1957 c.641 §2; repealed by 1979 c.190 §431] 253.030 Application for ballot; primary election; rules; continuing validity of ap- plication. (1) Before an election any elector may apply to the clerk for the absentee bal- lot of the election. (2) An application for an absentee ballot must be received by the clerk not later than 8 p.m. the day of the election. (3) If an applicant not affiliated with any political party desires to vote in any major political party primary election, the applicant may request and shall be sent a ballot for a major political party if that political party has provided under ORS 254.365 for a pri- mary election that admits electors not affil- iated with any political party. (4) Application for an absentee ballot may be made in any manner designated by the Secretary of State by rule, including in writing, by electronic mail or by using a facsimile machine. As used in this subsec- tion, “facsimile machine” means a machine that electronically transmits or receives fac- similes of documents through connection with a telephone network. (5) If an elector desires, the elector′s ap- plication shall be valid for every subsequent election until the elector otherwise notifies the clerk or is no longer an elector of the county. [Amended by 1957 c.641 §3; 1959 c.458 §2; 1969 c.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; 1991 c.168 §1; 1993 c.493 §24; 1995 c.607 §78; 1995 c.712 §48; 1999 c.999 §42; 2007 c.155 §9; 2007 c.881 §9] 253.035 [1969 c.676 §5; 1977 c.352 §6; repealed by 1979 c.190 §431] 253.040 [Amended by 1957 c.641 §4; 1959 c.458 §3; 1975 c.675 §30; 1977 c.508 §10; 1979 c.190 §204; 1991 c.107 §6; repealed by 1999 c.410 §67] 253.045 Preparation and disposition of ballots. (1) The clerk shall print as many absentee ballots as may be necessary as soon as possible after receiving the information concerning candidates and measures to be voted on at an election, but not later than the 45th day before the election. (2) The clerk is responsible for the safe- keeping and disposition of the ballots, and shall destroy all unused ballots as soon as practicable after the election. [1979 c.190 §205; 1981 c.173 §30; 1989 c.923 §1; 1991 c.71 §7; 1991 c.107 §7; 1993 c.713 §56; 1999 c.410 §28; 2007 c.154 §15] 253.050 [Repealed by 1957 c.641 §23] 253.055 Form and content of ballot. (1) Absentee ballots may be the regular ballots used at the election or special ballots and, except as provided in subsection (2) of this section, shall be in substantially the same form as the regular ballots used at the election. (2) In counties in which voting machines are used, paper ballots may be used as ab- sentee ballots. (3) The ballot delivered to each absent elector shall contain the names and other information concerning all candidates and the information concerning all measures for which the absent elector is entitled to vote. In lieu of the names and other information concerning candidates for precinct commit- teeperson, blank spaces shall be provided on the ballot, in which the absent elector may write the name of a candidate for that office. [1979 c.190 §206; 1991 c.107 §8; 2007 c.154 §16] 253.060 [Repealed by 1957 c.641 §23] 253.065 Delivery of ballot; replacement ballots. (1) For electors with mailing ad- dresses outside this state, the county clerk shall deliver an absentee ballot: (a) Not later than the 45th day before the election to each long term absent elector; and (b) Not sooner than the 29th day before the election to each elector with a mailing address outside this state who is not a long term absent elector. (2) For electors with mailing addresses in this state, except if requested by the elector, absentee ballots delivered by mail shall be delivered: (a) For primary elections and general elections, or any statewide special election for which a voters′ pamphlet is prepared, not sooner than the date the Secretary of State first mails the voters′ pamphlet under ORS 251.175; or Title 23 Page 93 (2007 Edition)
  • 96. 253.070 ELECTIONS (b) In the case of an election for which a statewide voters′ pamphlet is not required to be prepared, not sooner than the 20th day before the date of the election. (3) The ballot may be delivered to the absent elector in the office of the clerk, by postage prepaid mail or by any other appro- priate means. (4) The clerk shall deliver with the ballot instructions for marking and returning the ballot, a return identification envelope and a secrecy envelope. The name, official title and address of the clerk shall appear on the front of the envelope. On the back shall appear a statement to be signed by the absent elector, stating that the elector: (a) Is qualified to vote; (b) Unless prevented by physical disabil- ity, has personally marked the ballot; and (c) Has not unnecessarily exhibited the marked ballot to any other person. (5) Notwithstanding subsections (1) and (2) of this section, if the county clerk re- ceives an application for an absentee ballot after the fifth day before an election, the county clerk need not mail the ballot for that election but may deliver the ballot by making it available in the office of the clerk. (6) An elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replace- ment ballot provided under this subsection. (7) A replacement ballot may be mailed or shall be made available in the office of the county clerk. (8) If the county clerk determines that an elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall not count any ballot cast by the elector. If the county clerk is required to reissue bal- lots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless: (a) Only the original ballot was voted and returned; or (b) The county clerk issued a supple- mental ballot that is not a complete replace- ment of the original ballot. [1979 c.190 §207; 1981 c.485 §1; 1989 c.923 §22; 1991 c.719 §50; 1995 c.607 §34; 1999 c.318 §33; 1999 c.1002 §7] 253.070 Marking and returning ballot; procedure when ballot returned to wrong county clerk. Upon receipt of a ballot the absent elector shall mark it and comply with the instructions provided with the ballot. The absent elector may return the marked ballot to the office of the clerk, by any appropriate means. The ballot must be received by a county clerk not later than 8 p.m. of the day of the election. If a county clerk receives a ballot for an elector who does not reside in the clerk′s county, the ballot shall be for- warded to the county clerk of the county in which the elector resides not later than the eighth day after the election. [Amended by 1957 c.641 §5; 1969 c.676 §3; 1979 c.190 §208; 1995 c.742 §13] 253.080 Duties of clerk on receipt of ballot; manner of counting ballots. (1) Upon receipt of an envelope containing a marked absentee ballot, the clerk shall keep it safely in the office and, before delivering the ballot for counting, shall compare the signature of the absent elector which appears on the back of the absentee ballot envelope with that upon the applicant′s registration card. If the signatures appear to be the same, the envelope shall be marked in order to in- dicate that the ballot may be counted. (2) Except as otherwise provided in this chapter, the absentee ballots shall be counted and returns shall be made, as nearly as possible, in the same manner as for other ballots cast at the election. [Amended by 1957 c.641 §6; 1961 c.92 §1; 1979 c.190 §209; 1991 c.107 §9; 1999 c.410 §30] 253.082 [1999 c.410 §33; repealed by 2007 c.154 §67] 253.085 [Amended by 1957 c.641 §8; 1961 c.163 §1; 1979 c.190 §210; 1999 c.410 §34; repealed by 2007 c.154 §67] 253.090 [Amended by 1957 c.641 §9; 1961 c.92 §2; 1979 c.190 §211; 1993 c.493 §25; repealed by 2007 c.154 §67] 253.095 [1979 c.190 §212; repealed by 2007 c.154 §67] 253.100 [Amended by 1957 c.641 §10; 1979 c.190 §213; repealed by 2007 c.154 §67] 253.110 [Amended by 1957 c.641 §11; repealed by 1979 c.190 §431] 253.120 [Amended by 1957 c.641 §12; 1979 c.190 §214; 1991 c.107 §10; repealed by 2007 c.154 §67] 253.130 [Repealed by 1955 c.332 §20] 253.135 Special absent elector proce- dures. (1) An elector who, on the day of an election, will be absent from the county in which the elector is registered may vote at the elections office of any county clerk. (2) An elector voting under this section shall complete and sign a voter registration card. (3) A ballot cast under this section shall be forwarded to the county clerk of the county in which the elector resides not later than the eighth day after the election. The ballot shall be counted in the county in which the elector resides if the elector is qualified to vote in that county. A vote shall be counted only if the elector is qualified to vote for the particular office or on the measure. (4) This section does not apply to persons registered under ORS 247.410 and 247.420. [1979 c.190 §215; 1993 c.713 §30; 1995 c.742 §14; 1999 c.410 §35; 2007 c.154 §17] 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] 253.160 [1969 c.261 §3; 1979 c.519 §25; repealed by 1979 c.190 §431] 253.210 [Amended by 1957 c.641 §13; 1961 c.114 §14; repealed by 1979 c.190 §431] 253.300 [1971 c.27 §2; 1979 c.190 §56; renumbered 247.435] 253.310 [1971 c.27 §3; repealed by 1979 c.190 §431] 253.320 [1971 c.27 §4; repealed by 1979 c.190 §431] 253.330 [1971 c.27 §5; repealed by 1979 c.190 §431] LONG TERM ABSENT ELECTORS 253.500 Construction of long term ab- sent elector law. ORS 253.500 to 253.640 shall be liberally construed so that all long term absent electors may be given an oppor- tunity to fully exercise their voting rights. [Formerly 253.670] 253.510 Definitions for ORS 253.500 to 253.640. As used in ORS 253.500 to 253.640, “long term absent elector” means a resident of this state absent from the place of resi- dence and: (1) Serving in the Armed Forces of the United States or who has been discharged from the Armed Forces of the United States for not more than 30 days; (2) Serving in the Merchant Marine of the United States or who has been dis- charged from the Merchant Marine of the United States for not more than 30 days; or (3) Temporarily living outside the terri- torial limits of the United States and the District of Columbia. [1955 c.332 §1; 1957 c.641 §14; 1969 c.261 §1; 1979 c.190 §217; 1993 c.493 §26] 253.515 Long term absent elector pro- cedures to conform to absentee ballot procedures. Except as otherwise provided in ORS 253.500 to 253.640, procedures relating to long term absent electors′ ballots and special absentee ballots shall be as nearly as possible the same as for other absentee bal- lots. [1979 c.190 §218; 1985 c.720 §4] 253.520 [1955 c.332 §3; 1969 c.261 §4; repealed by 1979 c.190 §431] 253.530 Voting by spouse and depen- dents of long term absent elector. (1) A spouse or dependent of a long term absent elector, temporarily living outside the county or city in which is situated the last home residence in this state of the spouse or de- pendent, may vote in the same manner as a long term absent elector. (2) A spouse or dependent of a long term absent elector, not previously a resident of this state who intends to reside in this state, shall be considered a resident of this state for voting purposes, and may vote in the same manner as a long term absent elector. The spouse or dependent shall be considered to have resided for more than 30 days at the last residence of the long term absent elector in this state. [1955 c.332 §16; 1957 c.641 §15; 1965 c.153 §1; 1977 c.508 §11; 1979 c.190 §219] 253.540 Application for ballot by long term absent elector. (1) Any long term ab- sent elector may secure an absentee ballot by submitting an application as specified in subsection (2) of this section to the clerk of the county of the long term absent elector′s residence, or to the Secretary of State. If the application is addressed to the Secretary of State, the secretary shall forward it to the appropriate county clerk. (2) An application for an absentee ballot by a long term absent elector shall be made in the form of a written request. The appli- cation shall be valid for every subsequent election until the elector otherwise notifies the clerk or is no longer an elector of the county. The application shall be signed by the applicant and contain: (a) The name and current mailing address of the applicant; (b) A statement that the applicant is a citizen of the United States; (c) A statement that the applicant will be 18 years of age or older on the date of the election; (d) A statement that for more than 20 days preceding the election the applicant′s home residence has been in this state, and giving the address of the last home resi- dence; (e) A statement of the facts that qualify the applicant as a long term absent elector or as the spouse or a dependent of a long term absent elector; (f) A statement that the applicant is not requesting a ballot from any other state and is not voting in any other manner in the election except by the requested absentee ballot; and (g) If the applicant desires to vote in a primary election, a designation of the appli- cant′s political party affiliation or a state- ment that the applicant is not affiliated with any political party. An applicant not affil- iated with any political party may request a ballot for a major political party. The appli- cant shall be sent the ballot for the political party that the applicant requested if that political party has provided under ORS 254.365 for a primary election that admits electors not affiliated with any political party. [1955 c.332 §§7,8; 1957 c.641 §16; 1973 c.827 §25; 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] 253.545 County clerk duties upon re- ceipt of application; application as regis- tration. (1) Upon receipt of an application made under ORS 253.540 the county clerk, without regard to whether the applicant is an elector of the county, shall mail the ma- Title 23 Page 95 (2007 Edition)
  • 98. 253.550 ELECTIONS terials prescribed in ORS 253.065 to the ap- plicant. (2) Notwithstanding any provision of ORS chapter 247, the completed and signed appli- cation submitted under ORS 253.540 shall constitute a valid registration for the appli- cant. (3) Notwithstanding subsection (1) of this section, if the county clerk receives an ap- plication from a long term absent elector af- ter the fifth day before an election, the county clerk need not mail the ballot for that election but may deliver the ballot by making it available in the office of the clerk. [1979 c.190 §221; 1981 c.485 §2; 1993 c.493 §27] 253.550 Applications made under fed- eral statutes. Whenever provision is made for absentee voting by a statute of the United States, including the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. 1973ff (Public Law 99-410), an appli- cation for an absentee ballot made under that law may be given the same effect as an application for an absentee ballot made un- der ORS 253.500 to 253.640. [1955 c.332 §2; 1979 c.190 §222; 1991 c.71 §12] 253.560 [1955 c.332 §9; 1957 c.641 §17; repealed by 1979 c.190 §431] 253.565 Application for special ballot by long term absent elector. (1) Any long term absent elector may secure a special ab- sentee ballot for a primary election or gen- eral election by making an application under this section if the elector believes that: (a) The elector will be residing, stationed or working outside the territorial limits of the United States and the District of Colum- bia; and (b) The elector will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots. (2) A long term absent elector shall make the application for a special absentee ballot in the form of a written request. The elector shall submit the application before the date of the applicable election to the clerk of the county of the long term absent elector′s res- idence or to the Secretary of State. If the application is addressed to the Secretary of State, the secretary shall forward it to the appropriate county clerk. The application shall be signed by the applicant and contain: (a) The name and current mailing address of the applicant; (b) A designation of the election for which the applicant requests a special ab- sentee ballot; (c) A statement that the applicant is a citizen of the United States; (d) A statement that the applicant will be 18 years of age or older on the date of the election; (e) A statement that for more than 20 days preceding the election the applicant′s home residence has been in this state, and giving the address of the last home resi- dence; (f) A statement of the facts that qualify the applicant as a long term absent elector or as the spouse or a dependent of a long term absent elector; (g) A statement of the facts that qualify the applicant to vote by means of a special absentee ballot; (h) A statement that the applicant is not requesting a ballot from any other state and is not voting in any other manner in the election except by the requested special ab- sentee ballot; and (i) If the applicant requests a ballot for a primary election, a designation of the ap- plicant′s political party affiliation or a state- ment that the applicant is not affiliated with any political party. An applicant not affil- iated with any political party may request a ballot for a major political party. The appli- cant shall be sent the ballot for the political party that the applicant requested if that political party has provided under ORS 254.365 for a primary election that admits electors not affiliated with any political party. (3) An application for a special absentee ballot shall be valid only for the election specified in the application. (4) The county clerk shall list on the special absentee ballot the offices and mea- sures scheduled to appear on the regular ballot, if known when the ballot is prepared, and provide space in which the elector may write in the elector′s preference. (5) The elector may write in the name of any eligible candidate for each office to be filled or for which nominations will be made at the election, and may vote on any measure submitted at the election. [1985 c.720 §2; 1987 c.719 §§8,25; 1989 c.503 §§38,39; 1995 c.712 §50; 1999 c.999 §44] 253.570 [1955 c.332 §11; 1957 c.641 §18; repealed by 1979 c.190 §431] 253.575 County clerk duties upon re- ceipt of application for special ballot; ap- plication as valid voter registration; replacement ballots. (1) Upon receipt of an application made under ORS 253.565, if the applicant′s residence is in the county, the county clerk, without regard to whether the applicant is an elector of the county, shall mail to the applicant a special absentee bal- lot, instructions for filling in and returning the ballot and an envelope to use for the re- Title 23 Page 96 (2007 Edition)
  • 99. ABSENT ELECTORS 253.710 turn. The name, official title and office ad- dress of the clerk shall appear on the front of the envelope. On the back shall appear a statement to be signed by the absent elector, stating that the elector: (a) Is qualified to vote; (b) Unless prevented by physical disabil- ity, has personally marked the ballot; and (c) Has not unnecessarily exhibited the marked ballot to any other person. (2) The completed and signed application submitted under ORS 253.565 shall constitute a valid registration for the applicant. (3) If the county clerk receives an appli- cation for a special absentee ballot on or af- ter the 45th day before the election specified in the application, the county clerk shall treat the application as an application made under ORS 253.540. (4) A long term absent elector may obtain a replacement ballot if the ballot is de- stroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection. (5) Notwithstanding subsection (3) of this section, a replacement ballot may be mailed or shall be made available in the office of the county clerk. (6) If the county clerk determines that a long term absent elector to whom a replace- ment ballot has been issued at the request of the elector has voted more than once, the county clerk shall not count any ballot cast by the elector. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless: (a) Only the original ballot was voted and returned; or (b) The county clerk issued a supple- mental ballot that is not a complete replace- ment of the original ballot. [1985 c.720 §3; 1989 c.923 §2; 1991 c.719 §51; 1993 c.713 §61; 1995 c.607 §37; 1999 c.318 §34; 1999 c.410 §36] 253.580 [1955 c.332 §14; 1957 c.641 §19; repealed by 1979 c.190 §431] 253.585 Receipt of long term absent elector ballots by Secretary of State. (1) The Secretary of State may receive ballots from long term absent electors. (2) If the Secretary of State receives a ballot cast by a long term absent elector, the Secretary of State shall deliver the ballot to the county clerk or elections officer of the county in which the elector who cast the ballot is registered. (3) A ballot received by the Secretary of State under this section not later than 8 p.m. of the day of the election shall be considered to have been received by the 8 p.m. deadline specified in ORS 253.070. [2003 c.64 §5] 253.590 [1955 c.332 §12; repealed by 1979 c.190 §431] 253.600 [1955 c.332 §13; repealed by 1979 c.190 §431] 253.610 [1955 c.332 §6; 1957 c.641 §20; repealed by 1979 c.190 §431] 253.620 [1955 c.332 §15; 1957 c.641 §21; repealed by 1979 c.190 §431] 253.630 [1955 c.332 §10; repealed by 1957 c.641 §23] 253.640 State officers to coordinate voting by long term absent electors with federal authorities. All public officers hav- ing duties under ORS 253.500 to 253.640 shall coordinate their efforts with any federal au- thority to facilitate voting by long term ab- sent electors, so that these electors may cast their ballots with the least possible interfer- ence with the performance of their duties. [1955 c.332 §4; 1979 c.190 §223] 253.645 Electors called to active mili- tary duty. In the event of a national emer- gency, the Secretary of State shall assure that any elector called to active military duty is not unnecessarily denied the oppor- tunity to vote simply because of military duty. [1991 c.71 §14] 253.650 [1955 c.332 §17; 1957 c.641 §22; repealed by 1979 c.190 §431] 253.660 [1955 c.332 §5; repealed by 1957 c.641 §23] 253.670 [1955 c.332 §19; 1979 c.190 §216; renumbered 253.500] 253.700 Duty to challenge absentee ballot; procedures. (1) The county clerk, an elections official or any elector shall chal- lenge the absentee ballot of any person of- fering to vote as an absent elector whom the clerk, official or elector knows or suspects not to be qualified as an elector. The per- son′s ballot may be challenged at any time before the ballot is removed from its return envelope for processing. (2) A challenge to an absentee ballot of a person offering to vote shall be made under oath or affirmation before the clerk and shall be in writing on a numbered challenge form. The statement shall contain the name and residence address of the challenger, the name of the person challenged and a statement of the facts upon which the challenge is based. Any elections official may administer the oath or affirmation required under this sub- section. [1985 c.808 §32; 1999 c.410 §37; 2007 c.154 §18] 253.710 Alteration of application pro- hibited; exceptions. No person shall alter any information supplied on an application for an absentee ballot except: Title 23 Page 97 (2007 Edition)
  • 100. 253.710 ELECTIONS (1) An elections officer in the perform- ance of official duties. (2) The applicant. [1985 c.808 §33] 253.990 [Subsection (2) enacted as 1955 c.332 §18; repealed by 1979 c.190 §431] 253.995 [1985 c.808 §34; repealed by 1999 c.318 §55] Title 23 Page 98 (2007 Edition)
  • 101. Chapter 254 2007 EDITION Conduct of Elections GENERAL PROVISIONS 254.005 Definitions 254.016 Elections conducted under this chapter 254.025 Construction of statutes applicable to pri- mary elections 254.035 Time and place of elections for city offi- cers 254.046 Expense of city election 254.056 Date and purpose of general election and primary election 254.065 Person receiving most votes nominated or elected; measure adopted by majority of votes; when measure conflicts 254.068 Simulated election for individuals under 18 years of age 254.069 Participation in more than one nominat- ing process for partisan public office 254.071 Information regarding ballot format and method of voting ballot 254.074 County elections security plan PREPARATORY PROCEDURES 254.076 Register of candidates for nomination 254.085 Secretary of State′s statement of offices, candidates and measures 254.095 City elections officers′ statements of of- fices, candidates and measures 254.098 Expenses for change in information filed under ORS 254.085 or 254.095 254.103 Filing of measures referred by county governing body 254.108 Numbering county, city and district mea- sures; rules 254.115 Official primary election ballot 254.125 Nominating ballot for candidates to non- partisan office; listing of candidates for judge at primary and general elections; use of term “incumbent” 254.135 Official general or special election ballots 254.145 Design and contents of official ballots 254.155 Order of candidate names on ballot 254.165 Adjusting ballot when vacancy occurs; notice to Secretary of State; exception 254.175 Providing ballot title and financial esti- mates in lieu of printing on ballot; state- ments in recall elections 254.185 Printing or furnishing of ballots by county clerk 254.195 Ballot specifications 254.235 Testing of voting machines and vote tally systems; notice of test 254.321 Providing map of proposed boundaries for election on establishing or changing county or city boundaries VOTING 254.365 Voting at primary election by major party members and nonaffiliated electors 254.370 Record of nonaffiliated electors; record of voting in primary election of major poli- tical party and in general election 254.408 Procedure for voting by person for whom no evidence of registration is found 254.411 Voting after name change 254.415 Challenging ballot of person offering to vote; statement of challenge 254.426 Procedure on challenged ballot 254.445 Assistance in marking ballot; use of sam- ple ballot as aid in voting 254.458 Alternatives to secrecy envelope proce- dures 254.465 Elections to be conducted by mail; rules 254.470 Procedures for conducting election by mail; rules 254.471 Extension of deadline for returning ballots in case of emergency 254.472 Compartments for marking ballots 254.474 Voting booths for primary and general elections 254.476 Personnel for counting ballots 254.478 Preparation for counting ballots 254.480 Replacement ballots 254.482 Persons authorized to watch receiving and counting of votes POST-ELECTION PROCEDURES 254.483 Procedures after 8 p.m. on election day; unused ballots 254.485 Tally of ballots; test of vote tally system 254.495 Tally and return sheets; counting and tallying ballots 254.500 Tally of write-in votes 254.505 Ballots to be counted; void ballots; par- tially void ballots 254.515 Counting ballots marked “Presidential only” 254.525 Test of vote tally system 254.529 Hand count of ballots at general election; comparison with tally of vote tally sys- tem; procedures 254.535 Preservation of certain materials; re- tention of records 254.545 Duties of county clerk after election 254.546 Duties of county clerk after recall election; official declaration of result of recall election 254.548 Individual nominated or elected by write-in votes; form; rules 254.555 Secretary of State′s duties after election; Governor′s proclamation 254.565 Duties of city elections officer after election 254.568 Certificate of election required before taking oath of office 254.575 Procedure when tie vote Title 23 Page 99 (2007 Edition)
  • 102. ELECTIONS SPECIAL ELECTION IN CASE OF DEATH OF NOMINEE 254.650 Special election in case of death of nomi- nee of major political party within 30 days of general election 254.655 Order calling special election; date 254.660 Conduct of special election; rules Title 23 Page 100 (2007 Edition)
  • 103. CONDUCT OF ELECTIONS 254.035 GENERAL PROVISIONS 254.005 Definitions. As used in this chapter: (1) “Ballot” means any material on which votes may be cast for candidates or mea- sures. In the case of a recall election, “ballot” includes material posted in a voting compartment or delivered to an elector by mail. (2) “Chief elections officer” means the: (a) Secretary of State, regarding a candi- date for a state office or an office to be voted on in the state at large or in a congressional district, or a measure to be voted on in the state at large. (b) County clerk, regarding a candidate for a county office, or a measure to be voted on in a county only. (c) City clerk, auditor or recorder, re- garding a candidate for a city office, or a measure to be voted on in a city only. (3) “County clerk” means the county clerk or the county official in charge of elections. (4) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (5) “Major political party” means a poli- tical party that has qualified as a major pol- itical party under ORS 248.006. (6) “Measure” includes any of the follow- ing submitted to the people for their approval or rejection at an election: (a) A proposed law. (b) An Act or part of an Act of the Leg- islative Assembly. (c) A revision of or amendment to the Oregon Constitution. (d) Local, special or municipal legis- lation. (e) A proposition or question. (7) “Minor political party” means a poli- tical party that has qualified as a minor pol- itical party under ORS 248.008. (8) “Nonpartisan office” means the office of judge of the Supreme Court, Court of Ap- peals, circuit court or the Oregon Tax Court, Superintendent of Public Instruction, Com- missioner of the Bureau of Labor and Indus- tries, any elected office of a metropolitan service district under ORS chapter 268, jus- tice of the peace, county clerk, county as- sessor, county surveyor, county treasurer, county judge who exercises judicial func- tions, sheriff, district attorney or any office designated nonpartisan by a home rule char- ter. (9) “Prospective petition” means the in- formation, except signatures and other iden- tification of petition signers, required to be contained in a completed petition. (10) “Regular district election” means the election held each year for the purpose of electing members of a district board as de- fined in ORS 255.005 (2). (11) “Vote tally system” means one or more pieces of equipment necessary to ex- amine and tally automatically the marked ballots. (12) “Voting machine” means any device that will record every vote cast on candi- dates and measures and that will either in- ternally or externally total all votes cast on 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 §5; 1995 c.107 §2; 1995 c.607 §79; 1999 c.410 §43; 2001 c.430 §2; 2005 c.731 §4; 2005 c.797 §67; 2007 c.154 §19] 254.007 [1999 c.410 §39; 2001 c.805 §4; repealed by 2007 c.154 §67] 254.010 [Repealed by 1957 c.608 §231] 254.015 [1973 c.283 §4; 1977 c.487 §1; repealed by 1979 c.190 §431] 254.016 Elections conducted under this chapter. Any primary election, general election or special election held in this state shall be conducted under the provisions of this chapter, unless specifically provided otherwise in the statute laws of this state. [1979 c.190 §225; 1983 c.350 §69a; 1995 c.712 §51; 1999 c.999 §45] 254.020 [Repealed by 1957 c.608 §231] 254.025 Construction of statutes appli- cable to primary elections. (1) Statutes ap- plicable to primary elections shall be construed as though the primary elections are separate elections for each major poli- tical party nominating candidates. (2) The primary elections shall be con- ducted as nearly as possible according to the theory expressed in the preamble to chapter 1, Oregon Laws 1905. [1979 c.190 §226; 1987 c.267 §37; 1995 c.712 §53; 1999 c.999 §46] 254.030 [Amended by 1957 c.608 §167; 1961 c.80 §1; 1969 c.42 §1; repealed by 1979 c.190 §431] 254.035 Time and place of elections for city officers. (1) It is the intention of the Legislative Assembly to carry out the pro- visions of section 14a, Article II, Oregon Constitution. (2) All elections for city officers shall be held at the same time and place as elections for state and county officers. Unless a city charter or ordinance provides otherwise, the ballots used for state and county elections, if the county clerk considers it practicable, shall be arranged to include city offices and measures. [Formerly 250.230; 2007 c.154 §20] 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 §1 (254.042 enacted in lieu of 254.040)] 254.042 [1973 c.392 §2 (enacted in lieu of 254.040); 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] 254.046 Expense of city election. If a city holds a special election on a date other than the primary election or general election, it shall bear the expense of the election. [1979 c.190 §228; 1987 c.267 §38; 1995 c.712 §52] 254.050 [Repealed by 1957 c.608 §231] 254.055 [1973 c.481 §2; 1979 c.190 §145; 1979 c.345 §3; renumbered 250.065] 254.056 Date and purpose of general election and primary election. (1) The general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year. Except as pro- vided in ORS 254.650, at the general election officers of the state and subdivisions of the state, members of Congress and electors of President and Vice President of the United States as are to be elected in that year shall be elected. (2) The primary election shall be held on the third Tuesday in May of each even- numbered year. At the primary election pre- cinct committeepersons shall be elected and major political party candidates shall be nominated for offices to be filled at the gen- eral election held in that year. [1979 c.190 §229; 1979 c.316 §20a; 1987 c.267 §1; 1995 c.712 §1; 1999 c.59 §64; 1999 c.999 §28; 2001 c.965 §12; 2003 c.542 §7] 254.060 [Amended by 1953 c.359 §4; 1957 c.608 §169; 1967 c.364 §1; 1967 s.s. c.3 §1; 1973 c.481 §1; repealed by 1979 c.190 §431] 254.065 Person receiving most votes nominated or elected; measure adopted by majority of votes; when measure con- flicts. (1) When one person is to be nomi- nated for or elected to an office, the person receiving the highest number of votes shall be nominated or elected. When more than one person is to be nominated for or elected to a single office, the persons receiving the higher number of votes shall be nominated or elected. This subsection does not apply to a candidate for election to an office at a general election if the election for the office must be held at a special election as de- scribed in ORS 254.650. (2) No measure shall be adopted unless it receives an affirmative majority of the total votes cast on the measure. If two or more conflicting laws, or amendments to the Constitution or charter, are approved at the same election, the law, or amendment, re- ceiving the greatest number of affirmative votes shall be paramount regarding each conflict, even though the law, or amendment, may not have received the greatest majority of affirmative votes. [1979 c.190 §230; 2003 c.542 §8] 254.068 Simulated election for individ- uals under 18 years of age. On the date of any election, the county clerk may conduct a simulated election. As used in this section, “simulated election” means a demonstration election held for individuals under 18 years of age for the purpose of encouraging future voter participation. [1991 c.436 §2] 254.069 Participation in more than one nominating process for partisan public office. (1) An elector may not participate in more than one nominating process for each partisan public office to be filled at the gen- eral election. (2) An elector is considered to have par- ticipated in the nominating process for each partisan public office listed on the ballot at a primary election if the elector returned a ballot of a major political party at the pri- mary election. (3) An elector is considered to have par- ticipated in the nominating process for a partisan public office listed on the ballot at the general election if: (a) A minor political party nominated a candidate for that office in the manner spec- ified by the party in documents filed under ORS 248.009 and the elector participated in the nominating process; or (b) The elector participated in the nomi- nating process for that office by signing the minutes of an assembly of electors under ORS 249.735 or by signing a certificate of nomination made by individual electors un- der ORS 249.740. (4) If a filing officer described in ORS 249.722 determines that an elector who has signed the minutes of an assembly of electors under ORS 249.735 or a certificate of nomi- nation under ORS 249.740 has attempted to participate in more than one nominating process for the same office to be filled at the general election, the signature of the elector may not be considered for purposes of ORS 249.735 or 249.740. [2005 c.593 §2] 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 by 1979 c.190 §431] 254.071 Information regarding ballot format and method of voting ballot. Prior to each election, the county clerk shall make every reasonable effort to acquaint electors with the ballot format to be used in the election and the methods used to mark bal- lots to cast a valid vote. [2001 c.965 §21; 2007 c.154 §21] 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] 254.074 County elections security plan. (1) Each county clerk shall file a county elections security plan with the Secretary of State not later than: Title 23 Page 102 (2007 Edition)
  • 105. CONDUCT OF ELECTIONS 254.095 (a) January 31 of each calendar year; and (b) One business day after any revision is made to the county elections security plan. (2) A county elections security plan shall include, but is not limited to: (a) A written security agreement entered into with any vendor handling ballots; (b) Security procedures for transporting ballots; (c) Security procedures at official places of deposit for ballots; (d) Security procedures for processing ballots; (e) Security procedures governing election observers; (f) Security procedures for ballots located in county elections work areas, buildings and storage areas; (g) Security procedures for vote tally systems, including computer access to vote tally systems; and (h) Post-election ballot security. (3) A security plan developed and filed under this section is confidential and not subject to disclosure under ORS 192.410 to 192.505. [2001 c.965 §48] 254.075 [1967 c.364 §4; repealed by 1967 s.s. c.3 §4] PREPARATORY PROCEDURES 254.076 Register of candidates for nomination. The chief elections officer shall keep a register of candidates for nomination at the primary election. The register, if ap- plicable, shall contain for each major poli- tical party: (1) The title of each office for which the major political party will nominate candi- dates at the primary election. (2) The name and mailing address of each candidate for nomination at the primary election. (3) The name of the major political party with which the candidate is registered as af- filiated. (4) The date of filing of the prospective petition for nomination of the candidate. (5) The date of filing of the completed petition for nomination of the candidate, the number of valid signatures contained and the number of signatures required. (6) The date of filing of the declaration of candidacy of the candidate. (7) Such other information as may aid the chief elections officer in arranging the offi- cial ballot for the primary election. [Formerly 249.070; 1987 c.267 §39; 1995 c.607 §38; 1995 c.712 §54; 1999 c.999 §47; 2007 c.154 §22] 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 250.085] 254.080 [Amended by 1953 c.359 §4; 1957 c.608 §171; repealed by 1967 c.364 §8] 254.083 [1967 c.364 §6; repealed by 1967 s.s. c.3 §4] 254.085 Secretary of State′s statement of offices, candidates and measures. (1) The Secretary of State, not later than the 61st day before the date of a primary or general election, shall file with each county clerk a statement of the state and congres- sional district offices to be filled or for which candidates are to be nominated in the county at the election, information concerning all candidates for the offices, and the state mea- sures to be voted on. (2) The information concerning candi- dates for the Supreme Court, Court of Ap- peals, Oregon Tax Court and circuit court shall include a designation of incumbent for each candidate who is the regularly elected or appointed judge of the court to which the candidate seeks election. If a candidate was regularly elected or appointed to a specific position or department on the court, the candidate shall be designated as the incum- bent only if the person is a candidate for that position or department. (3) Included with each state measure shall be the measure number, the latest bal- lot title certified by the Attorney General under ORS 250.067 (2) or, if the Supreme Court has reviewed the title under ORS 250.085, the title certified by the court and the financial estimates under ORS 250.125. The Secretary of State shall keep a copy of the statement. [Formerly 250.020; 1985 c.742 §1; 1991 c.971 §8; 1993 c.493 §28; 1995 c.712 §55; 1999 c.59 §65; 2007 c.159 §4] 254.090 [Amended by 1953 c.632 §6; repealed by 1979 c.190 §431] 254.095 City elections officers′ state- ments of offices, candidates and mea- sures. (1) The chief elections officer of any city shall file with the county clerk of the county in which the city hall of the city is located, a statement of the city offices to be filled or for which candidates are to be nom- inated at the election and information con- cerning all candidates for the offices not later than the 61st day before the date of the election. (2) Except as provided in subsection (3) of this section, the chief elections officer of any city shall file with the county clerk of the county in which the city hall is located, a statement of the city measures to be voted on, including the ballot title for each meas- ure, not later than the 61st day before the date of the election. (3) If a measure to be submitted to the electors of a city at an election held on the Title 23 Page 103 (2007 Edition)
  • 106. 254.098 ELECTIONS first Tuesday after the first Monday in No- vember was submitted on the election date in ORS 221.230 (1) immediately preceding the first Tuesday after the first Monday in No- vember, the chief elections officer of the city shall file the statement required for that measure in subsection (2) of this section on the 47th day before an election held on the first Tuesday after the first Monday in No- vember. (4) The chief elections officer of the city shall keep a copy of each statement filed un- der this section. (5) If a city is located in more than one county, the county clerk under subsection (1) of this section shall immediately file the statement and information required under subsection (1) of this section with the county clerk of any other county in which the city is located. [Formerly 250.030; 1981 c.639 §2; 1987 c.707 §17; 1987 c.724 §5; 1989 c.503 §13; 1989 c.503 §14; 1989 c.923 §11; 1991 c.71 §8; 1993 c.493 §29; 1993 c.713 §57; 1995 c.712 §118] 254.098 Expenses for change in infor- mation filed under ORS 254.085 or 254.095. If, after the deadline for filing a statement under ORS 254.085 or 254.095, an electoral district requires a change in the information contained in the statement, the electoral dis- trict for which the change is made shall bear the expenses incurred as a result of the change. As used in this section, “electoral district” means the state in the case of a statement filed under ORS 254.085 and a city in the case of a statement filed under ORS 254.095. [1991 c.74 §2; 1993 c.493 §30] 254.100 [Amended by 1953 c.632 §6; 1957 c.608 §172; repealed by 1979 c.190 §431] 254.103 Filing of measures referred by county governing body. (1) The governing body of a county shall file with the county clerk each measure referred by the county governing body not later than the 61st day before the date of the election. (2) If a measure to be submitted to the electors of a county at an election held on the first Tuesday after the first Monday in November was submitted on the election date in ORS 203.085 (1) immediately preced- ing the first Tuesday after the first Monday in November, the county governing body shall file the measure with the county clerk not later than the 47th day before an election held on the first Tuesday after the first Monday in November. [1983 c.15 §2; 1985 c.808 §35; 1987 c.707 §18; 1989 c.923 §12; 1991 c.71 §9; 1993 c.713 §58; 1995 c.712 §119] 254.104 [1953 c.632 §7; repealed by 1979 c.190 §431] 254.105 [1969 c.299 §§1,2; repealed by 1979 c.190 §431] 254.106 [1953 c.632 §5; 1957 c.608 §173; repealed by 1979 c.190 §431] 254.107 [Formerly 250.070; 1981 c.639 §3; repealed by 1983 c.567 §22] 254.108 Numbering county, city and district measures; rules. (1) The county clerk shall number county, city and district measures consecutively and shall not repeat any number in any subsequent election. For each election, the numbers assigned shall begin with the number after the last number assigned under this section at the previous election. The measures shall be assigned numbers in the order in which the measures are filed with the clerk and in a manner that will not confuse county, city or district mea- sures with state measures. The number as- signed to each county, city and district measure shall be preceded by a unique county prefix number. The Secretary of State by rule shall assign a prefix number to each county for the purpose of carrying out the provisions of this subsection. (2) If a district or city is located in more than one county, the district elections officer under ORS 255.005 or the county clerk under ORS 254.095 shall immediately certify a dis- trict or city measure to the county clerk of any other county in which the district or city is located. [1987 c.724 §4; 1993 c.493 §17; 2001 c.267 §2] 254.110 [Repealed by 1979 c.190 §431] 254.115 Official primary election bal- lot. (1) The official primary election ballot shall be styled “Official Primary Nominating Ballot for the Party.” and shall state: (a) The name of the county for which it is intended. (b) The date of the primary election. (c) The names of all candidates for nomi- nation at the primary election whose nomi- nating petitions or declarations of candidacy have been made and filed, and who have not died, withdrawn or become disqualified. (d) The names of candidates for election as precinct committeeperson. (e) The names of candidates for the party nomination for President of the United States who qualified for the ballot under ORS 249.078. (2) The primary election ballot may in- clude any city, county or nonpartisan office or the number, ballot title and financial esti- mates under ORS 250.125 of any measure. (3) The ballot may not contain the name of any person other than those referred to in subsections (1) and (2) of this section. The name of each candidate for whom a nomi- nating petition or declaration of candidacy has been filed shall be printed on the ballot in but one place. In the event that two or more candidates for the same nomination or office have the same or similar surnames, the location of their places of residence shall be printed opposite their names to distinguish Title 23 Page 104 (2007 Edition)
  • 107. CONDUCT OF ELECTIONS 254.135 one from another. [Formerly 249.354; 1983 c.7 §3; 1983 c.567 §16; 1987 c.267 §42; 1991 c.971 §§9,10; 1993 c.493 §§31,32; 1995 c.712 §56; 1999 c.410 §44; 1999 c.999 §48; 2007 c.154 §23] 254.118 [1995 c.712 §58; repealed by 1999 c.999 §59] 254.120 [Amended by 1957 c.608 §174; 1979 c.317 §12; repealed by 1979 c.190 §431] 254.125 Nominating ballot for candi- dates to nonpartisan office; listing of candidates for judge at primary and gen- eral elections; use of term “incumbent.” (1) The names of candidates for a nonparti- san office at a nominating election held on the date of the primary election shall be listed without political party designation on a nominating ballot under the title, and de- partment or position number if any, of the office. (2) At the primary election or general election: (a) The names of candidates who are op- posed for nomination or election to the Su- preme Court, Court of Appeals, Oregon Tax Court and circuit court shall be printed on the ballot before the names of candidates for those offices who are unopposed; and (b) The word “incumbent” shall follow the name of each candidate for the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court who is designated the in- cumbent by the Secretary of State under ORS 254.085. [1979 c.190 §236; 1979 c.451 §6; 1979 c.587 §4; 1983 c.7 §4; 1985 c.742 §2; 1993 c.493 §§35,36; 1995 c.658 §99; 1995 c.712 §59; 1999 c.410 §45; 2007 c.154 §24] 254.130 [Amended by 1957 c.608 §175; 1959 c.457 §7; 1975 c.766 §5a; 1979 c.317 §13; repealed by 1979 c.190 §431] 254.135 Official general or special election ballots. (1) The official general or special election ballot shall be styled “Offi- cial Ballot” and shall state: (a) The name of the county for which it is intended. (b) The date of the election. (c) The names of all candidates for offices to be filled at the election whose nomi- nations have been made and accepted and who have not died, withdrawn or become disqualified. The ballot may not contain the name of any other person. (d) The number, ballot title and financial estimates under ORS 250.125 of any measure to be voted on at the election. (2) The names of candidates for President and Vice President of the United States shall be printed in groups together, under their political party designations. The names of the electors may not be printed on the gen- eral election ballot. A vote for the candidates for President and Vice President is a vote for the group of presidential electors supporting those candidates and selected as provided by law. The general election ballot shall state that electors of President and Vice President are being elected and that a vote for the candidates for President and Vice President shall be a vote for the electors supporting those candidates. (3)(a) The name of each candidate nomi- nated shall be printed upon the ballot in but one place, without regard to how many times the candidate may have been nominated. The name of a political party shall be added op- posite the name of a candidate for other than nonpartisan office according to the following rules: (A) For a candidate not affiliated with a political party who is nominated by a minor political party, the name of the minor poli- tical party shall be added opposite the name of the candidate; (B) For a candidate not affiliated with a political party who is nominated by more than one minor political party, the name of the minor political party selected by the candidate shall be added opposite the name of the candidate; (C) For a candidate who is a member of a political party who is nominated by a poli- tical party of which the candidate is not a member, the name of the political party that nominated the candidate shall be added op- posite the name of the candidate; (D) For a candidate who is a member of a political party who is nominated by more than one political party of which the candi- date is not a member, the name of the poli- tical party selected by the candidate shall be added opposite the name of the candidate; and (E) For a candidate who is nominated by a political party of which the candidate is a member, the name of the political party of which the candidate is a member shall be added opposite the name of the candidate. (b) If a candidate is required to select the name of a political party to be added on the ballot under paragraph (a) of this subsection, the candidate shall notify the filing officer of the selection not later than the 61st day before the day of the election. (c) The word “incumbent” shall follow the name of each candidate for the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court who is designated the in- cumbent by the Secretary of State under ORS 254.085. (d) The word “nonaffiliated” shall follow the name of each candidate who is not affil- iated with a political party and who is nomi- nated by an assembly of electors or individual electors. (e) If two or more candidates for the same office have the same or similar sur- Title 23 Page 105 (2007 Edition)
  • 108. 254.145 ELECTIONS names, the location of their places of resi- dence shall be printed opposite their names to distinguish one from another. [Formerly 250.110; 1983 c.7 §5; 1985 c.742 §3; 1991 c.971 §12; 1993 c.493 §38; 1995 c.606 §7; 1999 c.410 §46; 2005 c.797 §46; 2007 c.154 §25] 254.140 [Amended by 1957 c.608 §176; 1973 c.392 §3; repealed by 1979 c.190 §431] 254.145 Design and contents of official ballots. (1)(a) Except as provided in para- graph (b) of this subsection, the names of candidates for nomination for or election to each office shall be arranged on the ballot in the order determined under ORS 254.155. (b) The names of candidates for the of- fices of President and Vice President of the United States shall be arranged in groups. (2) Except as provided in ORS 254.125 and 254.135 and this section, no information about the candidate, including any title or designation, other than the candidate′s name, may appear on the ballot. (3) Spaces shall be provided for any of- fices appearing on the ballot in which the elector may write the name of any person not printed on the ballot. If a voting machine is used, spaces shall be provided on the bal- lot, or on separate material delivered to the elector with the ballot, in which the elector may write or enter the names of persons for any offices appearing on the ballot. (4) On the left margin of the ballot, the name of each group or candidate may be numbered. The blank spaces may not be numbered. A particular number may not be used to designate more than one candidate at any election. (5) The names of all candidates for the same office shall be listed in the same col- umn on the ballot. If more than one column is needed to list names of all candidates for that office, the names may be arranged in one or more columns in block form. The block shall be set apart by rulings under the title of the office. If a blank space follows the list of candidates, the space shall be in the same column as the names of candidates for that office. If blocks of columns are used, blank spaces shall be included within the ruled block. (6) The ballot shall be clearly marked to indicate when names of candidates for the office are continued on the following page. (7) When a measure is submitted to the people, the number, ballot title and financial estimates under ORS 250.125 of each meas- ure shall be printed after the list of candi- dates. A measure referred by the Legislative Assembly shall be designated “Referred to the People by the Legislative Assembly.” A state measure referred by petition shall be designated “Referendum Order by Petition of the People.” A state measure proposed by initiative petition shall be designated “Pro- posed by Initiative Petition.” (8) The ballot shall be printed to give the elector a clear opportunity to designate the elector′s choice for candidates and approval or rejection of measures submitted. If a vot- ing machine is not used, the elector shall indicate a preference by making a cross or check mark inside a voting square corre- sponding to the candidate or answer for which the elector wishes to vote. A voting square may be printed on the blank, write-in vote spaces. However, the elector is not re- quired to place a mark in the voting square corresponding to a name written in a blank space. Words shall be printed on the ballot to aid the elector, such as “Vote for one,” “Vote for three,” and regarding measures, “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; 1995 c.607 §80; 1999 c.410 §47; 2007 c.154 §26] 254.150 [Amended by 1979 c.316 §14; repealed by 1979 c.190 §431] 254.155 Order of candidate names on ballot. (1) Not later than the 69th day before the date of any election the Secretary of State shall complete a random ordering of the letters of the alphabet. (2) Not later than the 68th day before the date of any election the Secretary of State shall mail or deliver to each county clerk a copy of the random ordering of the letters of the alphabet. (3) The county clerk shall arrange by surname the names of the candidates on the ballot in the random order of the letters of the alphabet completed by the Secretary of State under subsection (1) of this section. [Formerly 249.362; 1983 c.253 §1; 1987 c.267 §47; 1993 c.713 §49; 2007 c.154 §27] 254.160 [Amended by 1957 c.608 §177; 1979 c.190 §142; renumbered 250.025] 254.165 Adjusting ballot when vacancy occurs; notice to Secretary of State; ex- ception. (1) If the filing officer determines that a candidate has died, withdrawn or be- come disqualified, or that the candidate will not qualify in time for the office if elected, the name of the candidate may not be printed on the ballots or, if they have already been printed, shall be erased or canceled before the ballots are delivered to the electors. The name of a candidate nominated to fill a va- cancy in nomination or office shall be printed on the ballots or, if they have already been printed, the county clerk shall cause the name to appear on the ballots before the ballots are delivered to the electors. A filing officer, other than the Secretary of State, shall notify the Secretary of State of any ac- 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 apply if the filing officer makes the determi- nation under subsection (1) of this section on or after the 30th day before the date of the election. (3) As used in this section: (a) “District” means a district defined in ORS 255.012. (b) “Filing officer” means the: (A) Secretary of State, regarding a can- didate for a state office or an office to be voted on in the state at large or in a con- gressional district. (B) County clerk, regarding a candidate for a county office. (C) County clerk of the county in which the administrative office of the district is lo- cated, regarding a candidate for a district office to be voted on in a district located in more than one county. (D) County clerk, regarding a candidate for a district office to be voted on in a dis- trict situated wholly within the county. (E) City clerk, auditor or recorder, re- garding a candidate for a city office. [Formerly 250.161; 1983 c.514 §12; 1991 c.719 §28; 1999 c.410 §48; 2007 c.154 §28] 254.170 [Amended by 1957 c.608 §178; repealed by 1979 c.190 §431] 254.175 Providing ballot title and fi- nancial estimates in lieu of printing on ballot; statements in recall elections. (1) In lieu of printing the complete ballot title of any measure, other than a state measure, the county clerk may print the caption and the question of the ballot title and the meas- ure number on the ballot. (2) In lieu of printing the complete ballot title and financial estimates of any state measure to be initiated or referred, the county clerk may print the caption of the ballot title, the statements described in ORS 250.035 (2)(b) and (c) and the measure num- ber on the ballot. (3) In the case of a recall election, the statements described in section 18, Article II of the Oregon Constitution, and ORS 249.877 shall be printed on the ballot. (4) The complete text of each ballot title and any financial estimates shall be included with each official ballot. [Formerly 258.380; 1981 c.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] 254.180 [Amended by 1953 c.150 §2; 1957 c.608 §179; 1979 c.190 §151; renumbered 250.125] 254.185 Printing or furnishing of bal- lots by county clerk. The county clerk shall print or furnish all the required ballots and shall provide them for use by electors in the county. Only ballots printed or furnished under this section may be used in an election. [Formerly 250.080; 2007 c.154 §30] 254.190 [Repealed by 1979 c.190 §431] 254.195 Ballot specifications. (1) Offi- cial ballots shall be printed in black ink upon good quality material. The primary election ballots shall be of different colors for the major political parties. (2) The governing body of a city, county or district may mail sample ballots to all electors within the city, county or district to assist the electors′ preparation for voting. [Formerly 250.090; 1981 c.157 §1; 1985 c.471 §9; 1987 c.267 §48; 1995 c.712 §60; 1999 c.410 §50; 1999 c.999 §49; 2007 c.154 §31] 254.200 [Repealed by 1957 c.608 §231] 254.205 [Formerly 250.121; 1989 c.171 §34; 1989 c.773 §1; 1991 c.107 §11; 1995 c.607 §§39,39a; 1999 c.999 §50; re- pealed by 2007 c.154 §67] 254.210 [Amended by 1957 c.608 §180; 1965 c.290 §1; 1973 c.712 §1; 1975 c.766 §19; 1979 c.190 §190; renumbered 251.205] 254.215 [Formerly 250.150; 1989 c.503 §15; repealed by 2007 c.154 §67] 254.220 [Amended by 1957 c.608 §181; 1965 c.290 §2; repealed by 1973 c.712 §2 (254.222 enacted in lieu of 254.220)] 254.222 [1973 c.712 §3 (enacted in lieu of 254.220); 1975 c.766 §20; 1979 c.190 §191; renumbered 251.215] 254.225 [1975 c.766 §28; 1979 c.190 §192; renumbered 251.225] 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 §67] 254.230 [1973 c.712 §4; 1979 c.190 §193; renumbered 251.235] 254.235 Testing of voting machines and vote tally systems; notice of test. (1) Not later than five business days before an election in which voting machines or vote tally systems are used, the county clerk shall: (a) Conduct a preparatory test of the machine and system for logic and accuracy to ensure that each ballot format, where ap- propriate, correctly tallies ballots in each electoral contest by precinct; and (b) Conduct a public certification test for the vote tally system using a selection of precincts, ballot formats and electoral dis- tricts from the preparatory test conducted under this subsection. (2) Prior to the public certification test under subsection (1)(b) of this section, the county clerk shall mail to each affiliate of a major or minor political party within the county that has notified the clerk that notice is desired, a notice of the time and place where the vote tally system will be publicly tested. One representative of each party is entitled to be present to ensure that the testing is done properly. In nonpartisan elec- tions each candidate may designate one rep- resentative who has the same powers as the Title 23 Page 107 (2007 Edition)
  • 110. 254.321 ELECTIONS political party representatives. The party and candidate representatives shall certify that they have witnessed the testing. The certif- icates shall be filed with the county clerk. [1979 c.190 §247; 1993 c.797 §23; 2001 c.965 §22; 2007 c.154 §32] 254.245 [Formerly 250.610; 1987 c.707 §19; repealed by 2007 c.154 §67] 254.265 [1979 c.190 §249; 1979 c.519 §19a; repealed by 2007 c.154 §67] 254.275 [1979 c.190 §250; repealed by 2007 c.154 §67] 254.290 [Repealed by 1957 c.608 §231] 254.295 [Formerly 250.330; repealed by 2007 c.154 §67] 254.305 [Formerly 250.430; 1983 c.83 §29; 1985 c.808 §37; 1989 c.503 §40; 1991 c.436 §3; 1993 c.493 §40; 1993 c.797 §24a; repealed by 1999 c.318 §55] 254.310 [Amended by 1957 c.608 §182; 1959 c.457 §8; 1977 c.516 §1; repealed by 1979 c.190 §431] 254.315 [Formerly 258.245; repealed by 2007 c.154 §67] 254.320 [Amended by 1957 c.608 §183; 1975 c.675 §31b; repealed by 1979 c.190 §431] 254.321 Providing map of proposed boundaries for election on establishing or changing county or city boundaries. At any election in which the question of estab- lishing or changing the exterior boundaries of a county or city is submitted to a vote, the county clerk shall: (1) Include with every mailed ballot a map indicating the proposed boundaries; or (2) Print in a voters′ pamphlet prepared for the election a map indicating the pro- posed boundaries. [1983 c.350 §69; 1999 c.410 §52; 2007 c.154 §33] 254.325 [Formerly 250.340; 1987 c.72 §1; 1987 c.727 §14; repealed by 2007 c.154 §67] 254.330 [Amended by 1957 c.608 §184; repealed by 1979 c.190 §431 and by 1979 c.519 §38] 254.335 [Formerly 258.295; repealed by 2007 c.154 §67] 254.340 [Amended by 1957 c.608 §185; 1959 c.457 §9; 1979 c.519 §37; repealed by 1979 c.190 §431] 254.345 [Formerly 258.305; repealed by 2007 c.154 §67] 254.355 [1979 c.190 §258; repealed by 2007 c.154 §67] VOTING 254.365 Voting at primary election by major party members and nonaffiliated electors. (1) An elector is not qualified or permitted to vote at any primary election for any candidate of a major political party, and it is unlawful for the elector to offer to do so, unless: (a) The elector is registered as being af- filiated with one of the major political par- ties nominating or electing its candidates for public office at the primary election; or (b) The elector is registered as not being affiliated with any political party and wishes to vote in the primary election of a major political party that has provided under sub- section (3) of this section for a primary election that admits electors not affiliated with any political party. (2) Except as provided in ORS 254.470 (3), any elector offering to vote at the primary election shall be given a ballot of the major political party with which the elector is reg- istered as being affiliated. The elector may not be given a ballot of any other political party at that primary election. An elector not affiliated with any political party and of- fering to vote at the primary election shall be given the ballot of the major political party in whose primary election the elector wishes to vote if that party has provided un- der subsection (3) of this section for a pri- mary election that admits electors not affiliated with any political party. An elector not affiliated with any political party who is given a ballot of the major political party associates with the party for the purpose of voting in that primary election. (3)(a) Not later than the 90th day before the date of the primary election, a major political party may file with the Secretary of State a certified copy of the current party rule allowing an elector not affiliated with any political party to vote in the party′s pri- mary election. The party may not repeal the rule as filed during the 90 days before the primary election. The rule shall continue to be effective after the date of the primary election until the party gives written notice to the Secretary of State that the rule has been repealed. Except as provided in para- graph (b) of this subsection, a party rule un- der this subsection may limit the candidates for whom an elector who is not affiliated with any political party may vote. (b) The party rule shall allow any elector who is permitted to vote for the most nu- merous branch of the Legislative Assembly also to vote in federal legislative elections, consistent with section 2, Article I, and the Seventeenth Amendment to the United States Constitution. (4) If the primary election ballot includes city, county or nonpartisan offices or mea- sures, and it is given to an elector who is not eligible to vote for party candidates, the bal- lot shall be marked “non-affiliated.” [Formerly 249.366; 1987 c.719 §§1,20; 1995 c.712 §62; 1999 c.999 §51; 2007 c.154 §34] 254.370 Record of nonaffiliated elec- tors; record of voting in primary election of major political party and in general election. The county clerk shall maintain: (1) A monthly registration record of all electors registered as not being affiliated with any political party; Title 23 Page 108 (2007 Edition)
  • 111. CONDUCT OF ELECTIONS 254.426 (2) At each primary election, a record of the number of electors who voted from each major political party; (3) A record of all electors registered as not being affiliated with any political party who vote in a primary election of a major political party that has provided under ORS 254.365 for a primary election that admits electors not affiliated with any political party; and (4) A record of all electors registered as not being affiliated with any political party who vote in the general election. [1987 c.719 §3; 1991 c.719 §52; 1993 c.713 §31; 1995 c.712 §63; 1999 c.999 §52] 254.375 [1979 c.190 §260; repealed by 2007 c.154 §67] 254.385 [Formerly 250.645; 1981 c.142 §3; repealed by 2007 c.154 §67] 254.390 [1999 c.1002 §3; repealed by 2007 c.154 §67] 254.395 [Formerly 250.631; repealed by 2007 c.154 §67] 254.405 [Formerly 250.655; 1995 c.607 §40; repealed by 2007 c.154 §67] 254.407 [1989 c.666 §2; repealed by 1993 c.713 §43] 254.408 Procedure for voting by person for whom no evidence of registration is found. (1) A person offering to vote and who claims to be an elector, but for whom no ev- idence of active or inactive registration can be found, shall be granted the right to vote in the manner provided in this section. (2) Whenever an elector updates a regis- tration at a county clerk′s office after the ballots have been mailed under ORS 254.470, the elector shall vote in that election in the manner provided in this section. (3) An elector voting under this section shall complete and sign a registration card. (4) The elector shall insert the ballot into a small envelope provided by the county clerk and then insert the small envelope into a larger envelope. The larger envelope shall be delivered to the county clerk and shall be segregated and not counted until the regis- tration of the elector is verified under this section. (5) The county clerk shall determine if the elector is validly registered to vote and if the vote was properly cast. The ballot shall be counted only if the county clerk deter- mines the registration of the elector is con- sidered active or inactive. (6) A vote shall be counted only if the elector is qualified to vote for the particular office or on the measure. [Formerly 247.205; 1999 c.410 §53; 2007 c.154 §35] 254.409 [1989 c.666 §3; repealed by 1993 c.713 §43] 254.410 [Amended by 1957 c.608 §186; 1977 c.487 §3; repealed by 1979 c.190 §431] 254.411 Voting after name change. (1) Any elector whose name has been changed may vote once in the county in which the elector is registered under the elector′s for- mer name. (2) Following the election, the registra- tion of the elector shall be considered inac- tive. (3) In order to vote at subsequent elec- tions the elector whose name has changed must update the elector′s registration. [1987 c.733 §12; 1993 c.713 §32; 1999 c.410 §54; 2007 c.154 §36] 254.413 [2001 c.805 §2; repealed by 2007 c.154 §67] 254.415 Challenging ballot of person offering to vote; statement of challenge. (1) The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote whom the clerk, offi- cial or elector knows or suspects not to be qualified as an elector. (2) The clerk, official or elector chal- lenging the ballot shall make, under oath or affirmation before a county clerk or other elections official, a written and numbered statement of challenge. The statement shall contain the name and residence address of the challenger, the name of the person chal- lenged and a statement of the facts upon which the challenge is based. (3) A person′s ballot may be challenged at any time before the ballot is removed from its return envelope for processing. [Formerly 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] 254.419 [1995 c.607 §83; repealed by 2007 c.154 §67] 254.420 [Amended by 1975 c.627 §2; 1977 c.487 §4; 1979 c.190 §138; renumbered 249.875] 254.425 [Formerly 250.400; 1983 c.83 §30; repealed by 1991 c.14 §4] 254.426 Procedure on challenged bal- lot. (1) Whenever any person votes a chal- lenged ballot, the county clerk shall ensure that the ballot offered by the person includes the number of the written statement of chal- lenge so that the ballot may be identified in any future contest of the election. (2) The county clerk shall examine the challenge and determine if the person is validly registered to vote and if the vote was properly cast. The ballot shall be counted only if the county clerk determines the per- son is validly registered. (3) The county clerk shall ensure that the information on the numbered written statement is treated as confidential so that in the event of a recount of votes it cannot be determined how any challenged person voted. (4) The registration of any person voting under this section and ORS 254.415 shall be verified not later than the last business day prior to the last day for the official certi- fication of election results required by ORS 254.545 (3) and 255.295 (1) in order for the Title 23 Page 109 (2007 Edition)
  • 112. 254.445 ELECTIONS vote of the person to be counted. [1991 c.14 §3; 1993 c.713 §33; 1995 c.607 §82] 254.430 [Repealed by 1973 c.392 §4] 254.435 [Formerly 250.700; 2007 c.70 §58; repealed by 2007 c.154 §§67,67a] 254.440 [Amended by 1975 c.683 §4; 1977 c.487 §5; repealed by 1979 c.190 §431] 254.445 Assistance in marking ballot; use of sample ballot as aid in voting. (1) If an elector is within the county and, be- cause of a physical disability or an inability to read or write, is unable to mark the bal- lot, the elector may request and shall receive the assistance of two persons of different parties provided by the clerk or of some other person chosen by the elector in mark- ing the ballot. The persons assisting the elector shall ascertain the wishes of the elector and assist the elector in voting the ballot accordingly, and thereafter may give no information regarding the vote. (2) A person may not assist an elector under subsection (1) of this section if the person: (a) Is an employer of the elector or an agent of the employer; or (b) Is an officer or agent of the union of which the elector is a member. (3) In preparing the ballot, an elector may use or copy a sample ballot, which may be marked in advance to assist the elector in marking the official ballot. [Formerly 250.690; 1985 c.471 §11; 1999 c.410 §56; 2007 c.154 §38] 254.450 [Amended by 1979 c.190 §137; renumbered 249.870] 254.455 [Formerly 250.680; 1995 c.607 §41; repealed by 2007 c.154 §67] 254.458 Alternatives to secrecy envel- ope procedures. Notwithstanding any pro- vision of ORS 254.470: (1) A county clerk may apply to the Sec- retary of State for approval of any procedure to be used in lieu of the envelope procedures described in ORS 254.470; and (2) Upon receiving an application under subsection (1) of this section, the secretary may approve a procedure to be used in lieu of the envelope procedures described in ORS 254.470 if the secretary determines that the procedure will provide substantially the same degree of secrecy as ORS 254.470. [1995 c.607 §84; 2007 c.154 §39] 254.460 [Amended by 1979 c.190 §139; renumbered 249.880] 254.462 [1999 c.410 §40; 2003 c.14 §121; repealed by 2007 c.154 §67] 254.465 Elections to be conducted by mail; rules. (1) County clerks shall conduct all elections in this state by mail. (2) The Secretary of State shall adopt rules to: (a) Provide for uniformity in the conduct of state elections by mail; and (b) Govern the procedures for conducting elections by mail. [1981 c.805 §1; 1983 c.199 §1; 1985 c.575 §1; 1987 c.267 §80; 1987 c.357 §2; 1991 c.719 §12; 1993 c.493 §§41,42; 1995 c.712 §64; 1999 c.3 §1; 1999 c.999 §53; 2007 c.154 §1] 254.470 Procedures for conducting election by mail; rules. (1) The Secretary of State by rule shall establish requirements and criteria for the designation of places of deposit for the ballots cast in an election. The rules shall also specify the dates and times the places of deposit must be open and the security requirements for the places of deposit. At a minimum, the places designated under this section shall be open on the date of the election for a period of eight or more hours, but must be open until at least 8 p.m. At each place of deposit designated under this section, the county clerk shall promi- nently display a sign stating that the lo- cation is an official ballot drop site. (2)(a) Except as provided in paragraphs (b) and (c) of this subsection, the county clerk shall mail by nonforwardable mail an official ballot with a return identification envelope and a secrecy envelope not sooner than the 18th day before the date of an election and not later than the 14th day be- fore the date of the election, to each active elector of the electoral district as of the 21st day before the date of the election. (b) If the county clerk determines that an active elector of the electoral district as of the 21st day before the date of the election does not receive daily mail service from the United States Postal Service, the county clerk shall mail by nonforwardable mail an official ballot with a return identification envelope and a secrecy envelope to the elec- tor not sooner than the 20th day before the date of an election and not later than the 18th day before the date of the election. (c) In the case of ballots to be mailed to addresses outside this state to electors who are not long-term absent electors, the county clerk may mail the ballots not sooner than the 29th day before the date of the election. (3) For an election held on the date of a primary election: (a) The county clerk shall mail the offi- cial ballot of a major political party to each elector who is registered as being affiliated with the major political party as of the 21st day before the date of the election. (b) The county clerk shall mail the offi- cial ballot of a major political party to an elector not affiliated with any political party if the elector has applied for the ballot as provided in this subsection and that party has provided under ORS 254.365 for a pri- Title 23 Page 110 (2007 Edition)
  • 113. CONDUCT OF ELECTIONS 254.471 mary election that admits electors not affil- iated with any political party. (c) An elector not affiliated with any political party who wishes to vote in the primary election of a major political party shall apply to the county clerk in writing. The application shall indicate which major political party ballot the elector wishes to receive. Except for electors described in sub- section (4) of this section, and subject to ORS 247.203, the application must be re- ceived by the county clerk not later than 5 p.m. of the 21st day before the date of the election. (d) If the primary election ballot includes city, county or nonpartisan offices or mea- sures, the county clerk shall mail to each elector who is not eligible to vote for party candidates a ballot limited to those offices and measures for which the elector is eligi- ble to vote. (4) For each elector who updates a voter registration after the deadline in ORS 247.025, the county clerk shall make the of- ficial ballot, the return identification envel- ope and the secrecy envelope available either by mail or at the county clerk′s office or at another place designated by the county clerk. An elector to whom this subsection applies must request a ballot from the county clerk. (5) The ballot shall contain the following warning: __________________________________________ Any person who, by use of force or other means, unduly influences an elector to vote in any particular manner or to refrain from voting is subject to a fine. __________________________________________ (6) Upon receipt of any ballot described in this section, the elector shall mark the ballot, sign the return identification envelope supplied with the ballot and comply with the instructions provided with the ballot. The elector may return the marked ballot to the county clerk by United States mail or by de- positing the ballot at the office of the county clerk, at any place of deposit designated by the county clerk or at any location described in ORS 254.472 or 254.474. The ballot must be returned in the return identification en- velope. If the elector returns the ballot by mail, the elector must provide the postage. A ballot must be received at the office of the county clerk, at the designated place of de- posit or at any location described in ORS 254.472 or 254.474 not later than the end of the period determined under subsection (1) of this section on the date of the election. (7) An elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. Replacement ballots shall be issued and processed as de- scribed in this section and ORS 254.480. The county clerk shall keep a record of each re- placement ballot provided under this subsec- tion. Notwithstanding any deadline for mailing ballots in subsection (2) of this sec- tion, a replacement ballot may be mailed, made available in the office of the county clerk or made available at one central lo- cation in the electoral district in which the election is conducted. The county clerk shall designate the central location. A replacement ballot need not be mailed after the fifth day before the date of the election. (8) A ballot shall be counted only if: (a) It is returned in the return identifi- cation envelope; (b) The envelope is signed by the elector to whom the ballot is issued; and (c) The signature is verified as provided in subsection (9) of this section. (9) The county clerk shall verify the sig- nature of each elector on the return identifi- cation envelope with the signature on the elector′s registration card, according to the procedure provided by rules adopted by the Secretary of State. If the county clerk deter- mines that an elector to whom a replacement ballot has been issued has voted more than once, the county clerk shall count only one ballot cast by that elector. (10) At 8 p.m. on election day, electors who are at the county clerk′s office, a place of deposit designated under subsection (1) of this section or any location described in ORS 254.472 or 254.474 and who are in line wait- 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; 1987 c.733 §7a; 1993 c.493 §44; 1995 c.607 §43; 1995 c.712 §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; 2005 c.797 §47; 2007 c.71 §78; 2007 c.154 §40a] 254.471 Extension of deadline for re- turning ballots in case of emergency. (1) Notwithstanding ORS 171.185, 203.085, 221.230, 221.621, 254.056, 254.470, 254.655, 255.335, 255.345, 258.075, 545.135 and 568.520, the Governor by written proclamation may extend the deadline for returning ballots in any state, county, city or district election if the Governor receives a written request for the extension from the Secretary of State. The secretary may request the Governor to extend the deadline for returning ballots un- der this section if, after consultation with affected county clerks, the secretary deter- mines that it would be impossible or imprac- ticable for electors to return ballots or for elections officials to tally ballots due to an 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 deadline for returning ballots in any state, county, city or district election under sub- section (1) of this section for more than seven calendar days after the date of the election. (3) The written proclamation required under subsection (1) of this section shall state: (a) The determination of the Governor; (b) The reason the deadline for returning ballots was extended; and (c) The date and time by which ballots must be returned in the election. (4) Notwithstanding any other provision of this chapter, if the Governor extends the deadline for returning ballots under subsec- tion (1) of this section, a county clerk in any county in this state may not order a tally report from any vote tally machine in the election until the date and time set by the Governor by which ballots must be returned in the election. [2007 c.183 §2] 254.472 Compartments for marking ballots. The county clerk shall provide, at any location where ballots are issued, at least three suitable compartments, shelves or tables at which electors may mark their bal- lots. The arrangement of the compartments, shelves or tables shall ensure that the elec- tor may conveniently mark the ballot with absolute secrecy. The compartments, shelves or tables shall be available during the entire time that ballots may be issued. [1999 c.410 §42] 254.474 Voting booths for primary and general elections. (1) At each primary election and general election, the county clerk shall maintain voting booths in the county as follows: (a) In each county with 35,000 or more electors in the county, the county clerk shall maintain a number of voting booths equal to at least one voting booth for every 20,000 electors in the county; and (b) In each county with fewer than 35,000 electors in the county, the county clerk shall maintain at least one voting booth. (2) The county clerk may determine the location of the voting booths required under this section. [1999 c.1002 §4; 1999 c.999 §54b; 2007 c.154 §41] 254.475 [Formerly 250.225; 1987 c.267 §51; 1993 c.713 §35; 1995 c.607 §44; renumbered 254.483 in 1999] 254.476 Personnel for counting ballots. The county clerk may employ personnel as necessary to open envelopes, prepare ballots for counting and count ballots. Such person- nel shall not all be members of the same political party. A person who is the spouse, child, son-in-law, daughter-in-law, parent, mother-in-law, father-in-law, sibling, brother- in-law, sister-in-law, aunt, uncle, niece, nephew, stepparent or stepchild of a candi- date on the ballot at an election shall not be employed and may not serve as a volunteer in the capacity described in this section. [1999 c.410 §41] 254.478 Preparation for counting bal- lots. Not sooner than the seventh day before the date of an election, in preparation for counting ballots delivered by mail, the county clerk may begin opening return iden- tification and secrecy envelopes of ballots delivered by mail and received by the county clerk. The county clerk may take any other actions that are necessary to allow the counting of ballots delivered by mail to begin on election day. [1999 c.1002 §2; 2001 c.965 §15] 254.480 Replacement ballots. (1) An elector may obtain a replacement ballot de- scribed in ORS 254.470. To vote a replace- ment ballot, the elector must complete and sign a replacement ballot request form. The request for a replacement ballot may be made electronically, by telephone, in writing, in person or by other means designated by the Secretary of State by rule. (2) The replacement ballot request form shall be mailed or made available to the elector along with the replacement ballot. (3) Upon receiving a request for a re- placement ballot, the county clerk shall: (a) Verify the registration of the elector and ensure that another ballot has not been returned by the elector; (b) Note in the list of electors that the elector has requested a replacement ballot; (c) Mark the return identification envel- ope clearly so that it may be readily identi- fied as a replacement ballot; and (d) Issue the replacement ballot by mail or other means. (4) The completed and signed replace- ment ballot request form and the voted re- placement ballot must be received at the office of the county clerk, a place of deposit designated by the county clerk or at any lo- cation described in ORS 254.472 or 254.474 not later than the end of the period deter- mined under ORS 254.470 (1) on the date of the election. (5) Upon receiving a voted replacement ballot, the county clerk shall verify that a completed and signed replacement ballot re- quest form has been received by the county clerk or is included with the voted replace- ment ballot. If a request form has been com- pleted and signed by the elector and received by the county clerk, the county clerk shall process the ballot. If the request form is not completed or signed by the elector or re- ceived by the county clerk, the county clerk Title 23 Page 112 (2007 Edition)
  • 115. CONDUCT OF ELECTIONS 254.500 may not process the ballot. [2001 c.965 §27; 2007 c.154 §42] 254.482 Persons authorized to watch receiving and counting of votes. After the date that ballots are mailed as provided in ORS 254.470, the county clerk, if requested, shall permit authorized persons to be at the office of the county clerk to watch the re- ceiving and counting of votes. The authori- zation shall be in writing, shall be signed by an officer or its county affiliate of a political party, a candidate or the county clerk and shall be filed with the county clerk. The county clerk shall permit only so many per- sons as watchers under this section as will not interfere with an orderly procedure at the office of the county clerk. [2001 c.805 §3; 2005 c.797 §56] POST-ELECTION PROCEDURES 254.483 Procedures after 8 p.m. on election day; unused ballots. Immediately after 8 p.m. on the day of an election: (1) The county clerk shall destroy all un- used absentee and regular ballots in the county clerk′s possession. (2) Each county shall provide for the se- curity of, and shall account for, unused bal- lots. [Formerly 254.475; 2007 c.154 §43] 254.485 Tally of ballots; test of vote tally system. (1) Ballots may be tallied by a vote tally system or by a counting board. A counting board may tally ballots at the precinct or in the office of the county clerk. In any event, the ballots shall be tallied and returned by precinct. (2) If a vote tally system is used, the county clerk shall repeat the public certi- fication test described under ORS 254.235 (1). The test shall be conducted on the date of the election and prior to beginning the tally of ballots. The test may be observed by per- sons described in ORS 254.235 (2). The county clerk shall certify the results of the test. (3) If a vote tally system is used or if a counting board has been appointed, the tally of ballots may begin on the date of the election. (4)(a) If ballots are tallied by a counting board, after the tally has begun it shall con- tinue until completed. Except as provided in paragraph (b) of this subsection, a counting board shall tally without adjournment and in the presence of the clerks and persons au- thorized to attend. (b) A counting board may be relieved by another board if the tally is not completed after 12 hours. (5) A counting board shall audibly an- nounce the tally as it proceeds. The board shall use only pen and ink to tally. (6) For ballots cast using a voting ma- chine, the county clerk shall: (a) Enter the ballots cast using the ma- chine into the vote tally system; and (b) In the event of a recount, provide the paper record copy recorded by the machine to the counting board. (7) A person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may not tally ballots under this chap- 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; 2007 c.154 §44] 254.495 Tally and return sheets; counting and tallying ballots. (1) To tally ballots by hand, the counting board shall use the tally sheets and two copies of the return sheet. (2) The completed tally and return sheets shall contain: (a) The offices on the ballot; (b) The number and name of each candi- date who received a vote; (c) The total number of votes cast for each candidate and each measure voted upon; and (d) The total number of votes cast for and against the measure. (3) The tally and return sheets, when completed, shall be certified correct by the counting board that kept them. [Formerly 250.471; 2007 c.154 §45] 254.500 Tally of write-in votes. (1) This section governs the tally of votes cast for persons whose names were not printed on the ballot but are written in by electors. All such write-in votes for each office on the ballot shall be tallied together, except as fol- lows: (a) If the total number of write-in votes for candidates for the same nomination or office equals or exceeds the number of votes cast for any candidate for the same nomi- nation or office on the ballot who appears to have been nominated or elected, the county clerk shall tally all write-in votes cast for the office to show the total number of votes cast for each write-in candidate. (b) If no names of candidates are printed on the ballot for an office, the county clerk shall tally the votes cast for each candidate for the office who received a vote. (2) No person other than the county clerk, a member of a counting board or any other elections official designated by the Title 23 Page 113 (2007 Edition)
  • 116. 254.505 ELECTIONS county clerk may tally write-in votes. [1985 c.508 §2; 1993 c.493 §45; 1995 c.607 §46; 1999 c.318 §38] 254.505 Ballots to be counted; void ballots; partially void ballots. (1) Only of- ficial ballots may be counted. Any vote from which it is impossible to determine the elec- tor′s choice for the office or measure may not be counted. An elector may not place on the ballot a sticker bearing the name of a person or use any other method or device, except writing or using a voting machine, to vote for a person whose name is not printed on the ballot. Any ballot that has a sticker or other device is void and may not be counted. Counting board clerks shall disre- gard misspelling or abbreviations of the names of candidates if it can be ascertained from the ballot for whom the vote was in- tended. (2) When ballots are counted by counting boards, the board chairperson, using ink, im- mediately shall initial the back of the wholly or partially void ballot and write on it “Not counted for ” (stating the office or measure). The counting board shall seal the wholly void ballots in an envelope. [Formerly 250.510; 1999 c.410 §59; 2007 c.154 §46] 254.510 [Repealed by 1979 c.190 §431] 254.515 Counting ballots marked “Presidential only.” Ballots marked “Presi- dential only” may be counted only for the offices for which the elector is entitled to vote. Votes on the ballot for other offices may not be counted. [Formerly 250.520; 1999 c.410 §60; 2005 c.797 §57] 254.520 [Repealed by 1979 c.190 §431] 254.525 Test of vote tally system. If a vote tally system is used, the county clerk shall repeat the public certification test de- scribed under ORS 254.235 (1) for the vote tally system used to conduct the election. The test shall be conducted after all the bal- lots are tallied but before the final results of the election are certified or before the vote tally system is shut down. The test may be observed by persons described in ORS 254.235 (2). The county clerk shall certify the results of the test. [1979 c.190 §274; 1993 c.713 §36; 1999 c.410 §61; 2001 c.965 §24; 2007 c.154 §47] 254.529 Hand count of ballots at gen- eral election; comparison with tally of vote tally system; procedures. (1) At each general election, the county clerk shall con- duct a hand count of ballots as described in this section and compare the tally of votes for those ballots produced by a vote tally system with the tally of votes for those bal- lots produced by the hand count. (2)(a) In the event that the unofficial tally of ballots produced by a vote tally sys- tem reveals that the margin of victory be- tween the two candidates receiving the largest number of votes in the county is less than one percent of the total votes cast in that election in the county, the county clerk shall conduct a hand count of ballots in at least 10 percent of all precincts or of ballots in at least 10 percent of all batches of ballots collected by the county clerk. (b) In the event that the unofficial tally of ballots reveals that the margin of victory between the two candidates receiving the largest number of votes in the county is greater than or equal to one percent but less than two percent of the total votes cast in the county, the county clerk shall conduct a hand count of ballots in at least five percent of all precincts or of ballots in at least five percent of all batches of ballots collected by the county clerk. (c) In the event that the unofficial tally of ballots reveals that the margin of victory between the two candidates receiving the largest number of votes in the county is greater than or equal to two percent of the total votes cast in the county, the county clerk shall conduct a hand count of ballots in at least three percent of all precincts or of ballots in at least three percent of all batches of ballots collected by the county clerk. (3) The Secretary of State shall select the precincts at random. At the general election, no fewer than 150 ballots must have been cast in at least one of the precincts selected. The county clerk shall conduct a hand count of ballots cast in the election contest be- tween the two candidates receiving the larg- est number of votes in the county, an election contest for a state office and, if pos- sible, an election contest for a state measure. (4) Not later than the day after the date of the general election, the Secretary of State shall advise county clerks in writing of: (a) The election contests for which bal- lots are to be hand counted; and (b) The precincts in which ballots are to be hand counted. (5) A county clerk shall begin the hand counts prescribed by this section not later than the 20th day after the election and complete the hand counts not later than the 30th day after the election. The results of the hand counts shall be provided to the Secre- tary of State, who shall make the results publicly available on the Secretary of State′s website. (6) The county clerk shall conduct the hand counts required by this section in the manner provided in ORS 258.200 and 258.211. (7) A comparison of the tally of votes produced by a vote tally system with the tally of votes produced by the hand count required by this section must show that the Title 23 Page 114 (2007 Edition)
  • 117. CONDUCT OF ELECTIONS 254.545 tally of votes produced by the vote tally sys- tem differs by no more than one-half of one percent from the tally of votes produced by the hand count. (8)(a) If a hand count conducted under this section results in a tally of votes for a candidate or measure that is different from the tally of votes produced by the vote tally system for that candidate or measure, and the difference for each race is equal to or less than one-half of one percent, the tally of votes produced by the vote tally system is the official tally of votes for that vote tally system. (b) If a hand count conducted under this section results in a tally of votes for a can- didate or measure that is different from the tally of votes produced by the vote tally sys- tem for that candidate or measure, and the difference in any race is greater than one- half of one percent, the county clerk shall conduct a second hand count of the same ballots. (c) If the second hand count conducted under this subsection results in a tally of votes for a candidate or measure that is dif- ferent from the tally of votes produced by the vote tally system for that candidate or meas- ure, and the difference for each race is equal to or less than one-half of one percent, the tally of votes produced by the vote tally sys- tem is the official tally of votes for that vote tally system. (d) If the second hand count conducted under this subsection results in a tally of votes for a candidate or measure that is dif- ferent from the tally of votes produced by the vote tally system for that candidate or meas- ure, and the difference in any race is greater than one-half of one percent, the county clerk shall conduct a hand count of all bal- lots counted by that vote tally system. The hand count is the official tally of votes for that vote tally system. If the hand count is the official tally of votes, not later than the 30th day after the election, the county clerk shall certify amended abstracts of votes to appropriate elections officials. (9) For purposes of conducting the hand counts required under this section, the county clerk shall: (a) Retain custody of the ballots; and (b) Provide for security for the ballots and the information required to be collected under this subsection. (10) Subsections (1) to (9) of this section do not apply if federal law requires a post- election hand count of ballots at the general election to verify election results and the Secretary of State determines that the re- quirements of federal law are at least as stringent as the requirements of subsections (1) to (9) of this section. [2007 c.881 §2] 254.530 [Amended by 1957 c.608 §187; repealed by 1979 c.190 §431] 254.535 Preservation of certain mate- rials; retention of records. (1) Except as provided in subsection (3) of this section, each tally sheet, return sheet and ballot re- turn identification envelope shall be pre- served for two years after the election to which it relates. (2) Except as provided in subsection (3) of this section, the county clerk shall destroy the ballots and written challenge statements not sooner than the 90th day after the final day permitted for a contest of the election, unless otherwise ordered by the court. (3) In accordance with 42 U.S.C. 1974, any ballot, voter registration records and any other materials relating to any election at which a candidate is nominated or elected to federal office shall be retained for not less than 22 months following the date of the election. [1979 c.190 §275; 1999 c.410 §62; 2007 c.154 §48] 254.540 [Repealed by 1979 c.190 §431] 254.545 Duties of county clerk after election. Subject to ORS 254.548, the county clerk: (1) As soon as possible after any election, shall prepare abstracts of votes. The abstract for election of Governor shall be on a sheet separate from the abstracts for other offices and measures. (2) On completion of the abstracts, shall record a complete summary of votes cast in the county for each office, candidate for of- fice and measure. The county clerk shall sign and certify this record. (3) Not later than the 20th day after the election, shall deliver a copy of the abstracts for other than county offices to the appro- priate elections officials. The abstract for election of Governor shall be delivered sepa- rately to the Secretary of State as provided in section 4, Article V, Oregon Constitution. (4) Not later than the 30th day after the election, shall proclaim which county meas- ure is paramount, if two or more approved county measures contain conflicting pro- visions. (5) Shall prepare and deliver a certificate of nomination or election to each candidate having the most votes for nomination for or election to county or precinct offices. (6) Shall prepare, and file with the county governing body, a certificate stating the compensation to which the board clerks are entitled. The county governing body shall order the compensation paid by county funds. [1979 c.190 §276; 1987 c.267 §52; 1995 c.712 §66; 1999 c.410 §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 recall election; official declaration of re- sult of recall election. (1) In the case of a recall election held on a date other than the date of the primary election or general election, the county clerk shall prepare an abstract of the votes and deliver it to the elections official authorized to order the re- call election not later than the 20th day after the election. (2) Except as provided in subsection (3) of this section, for purposes of section 18, Article II, Oregon Constitution, the result of the recall election referred to in subsection (1) of this section shall be considered offi- cially declared on the date the abstract of the votes is delivered. (3) If the elections official authorized to order the recall election is the Secretary of State, the Secretary of State shall officially declare the result of the election not later than the 30th day after the election. [1999 c.318 §36; 2005 c.797 §49] 254.548 Individual nominated or elected by write-in votes; form; rules. (1) An individual nominated or elected to a pub- lic office by write-in votes shall sign and file a form indicating that the individual accepts the nomination or office before the filing of- ficer may issue a certificate of nomination or election. The Secretary of State by rule shall prescribe the form to be used under this section. (2) In the case of an individual nominated or elected by write-in votes to a public office: (a) Not later than the 30th day after the election, the filing officer shall prepare and deliver the form described in subsection (1) of this section to the individual; (b) Not later than the 45th day after the election, if the individual accepts the nomi- nation or office, the individual shall sign and file the form with the filing officer; and (c) Not later than the 50th day after the election, if the individual files the form by the deadline specified in paragraph (b) of this subsection, the filing officer shall prepare and deliver a certificate of nomination or election to the individual and, if applicable, issue a proclamation declaring the election of the candidate to the office. [1991 c.719 §56; 2005 c.157 §1] 254.550 [Repealed by 1979 c.190 §431] 254.555 Secretary of State′s duties af- ter election; Governor′s proclamation. (1) Except as provided in ORS 254.548, not later than the 30th day after any election, the Secretary of State, regarding offices for which the secretary receives filings for nom- ination, shall: (a) Canvass the votes for the offices, ex- cept the office of Governor after the general election. (b) Enter in a register of nominations af- ter the primary election the name and, if ap- plicable, major political party of each candidate nominated, the office for which the candidate is nominated, and the date of entry. (c) Prepare and deliver a certificate of nomination or election to each candidate having the most votes for nomination for or election to the office. The Secretary of State shall sign the certificate under the seal of the state. (d) Issue a proclamation declaring the election of candidates to the offices. (2) Not later than the 30th day after the election: (a) The Secretary of State, regarding measures for which the secretary as the fil- ing officer, shall canvass the votes for each measure. (b) The Governor shall issue a proclama- tion giving the number of votes cast for or against each such measure, and declaring the approved measures as the law on the effec- tive date of the measure. If two or more ap- proved measures contain conflicting provisions, the Governor shall proclaim which is paramount. [1979 c.190 §277; 1987 c.267 §53; 1995 c.712 §67; 1997 c.249 §76; 1999 c.999 §56; 2005 c.157 §3] 254.560 [Repealed by 1979 c.190 §431] 254.565 Duties of city elections officer after election. Subject to ORS 254.548, the chief city elections officer: (1) After the primary election, shall enter in a register of nominations: (a) The name of each candidate for city office nominated at the primary election. (b) The office for which the candidate is nominated. (c) If applicable, the name of the major political party nominating the candidate. (d) The date of the entry. (2) After the general election, shall pre- pare and deliver a certificate of election to each qualified candidate having the most votes for election to a city office. (3) Not later than the 30th day after any election, shall canvass the vote on each city measure, and if two or more of the approved measures contain conflicting provisions, pro- claim which is paramount. [Formerly 249.491; 1987 c.267 §54; 1995 c.712 §68; 1999 c.318 §39; 2005 c.157 §4] Title 23 Page 116 (2007 Edition)
  • 119. CONDUCT OF ELECTIONS 254.660 254.568 Certificate of election required before taking oath of office. When a can- didate elected to public office is required by law to take, file, subscribe or indorse an oath of office before entering upon the duties of the office, the candidate shall not take, file, subscribe or indorse the oath until the can- didate has been granted a certificate of election. [1993 c.493 §101] 254.570 [Repealed by 1979 c.190 §431] 254.575 Procedure when tie vote. When two or more candidates for the same office, after a full recount of votes, have an equal and the highest number of votes: (1) For election to state Senator or Rep- resentative, a party office, or a public office for which the elections officer is other than the Secretary of State, the elections officer shall have the candidates meet publicly to decide by lot who is elected. (2) For election to a public office other than Governor or those referred to in sub- section (1) of this section, the Secretary of State by proclamation shall order a new election to fill the office. (3) For election to Governor, the Legisla- tive Assembly at the beginning of the next regular session shall meet jointly and elect one of the candidates. (4) For nomination by one major political party to an office, the elections officer who receives filings for nomination to the office shall have the candidates meet publicly to decide by lot who is nominated. [1979 c.190 §279; 2001 c.965 §43] 254.580 [Amended by 1957 c.608 §188; 1979 c.190 §378; renumbered 260.575] 254.590 [Amended by 1979 c.190 §377; renumbered 260.565] 254.600 [Amended by 1975 c.683 §5; 1977 c.178 §1; 1979 c.190 §379; 1979 c.519 §28; renumbered 260.585] SPECIAL ELECTION IN CASE OF DEATH OF NOMINEE 254.650 Special election in case of death of nominee of major political party within 30 days of general election. (1) If the Secretary of State determines that a va- cancy exists in the nomination of a candidate of a major political party for state office, that the vacancy is due to the death of the candidate and that the vacancy occurred af- ter the 30th day before the date of the gen- eral election: (a) The election for that state office may not be held at the general election; (b) The county clerks may not count bal- lots cast for candidates for that state office at the general election; and (c) The Secretary of State shall order a special election as provided in ORS 254.655. (2) The candidates listed on the ballot at the special election shall be: (a) The candidates who were listed on the general election ballot, other than the candi- date whose nomination became vacant; and (b) The candidate selected to fill the va- cancy in the nomination as provided in ORS 249.190 or 249.205. (3) As used in this section “state office” means the office of Governor, Secretary of State, State Treasurer, Attorney General, state Senator or state Representative. [2003 c.542 §2] 254.655 Order calling special election; date. (1) If the Secretary of State determines that a special election is necessary under ORS 254.650, the secretary shall issue an or- der calling the election. The secretary shall issue the order not later than the fifth busi- ness day after the date of the general election. (2) The date of the special election shall be determined by the Secretary of State by rule. The special election shall be held not sooner than January 2 of the odd-numbered year following the date of the general election and not later than the Friday before the second Monday in January of the odd- numbered year. (3) A state voters′ pamphlet may not be prepared for any special election called un- der this section. [2003 c.542 §3; 2007 c.154 §49] 254.660 Conduct of special election; rules. (1) Notwithstanding ORS 253.045 and 253.065, for a special election called under ORS 254.655, long-term absentee ballots shall be mailed not later than the 30th day before the date of the election. County clerks shall make other absentee ballots available not later than the 28th day before the date of the special election. (2) Notwithstanding ORS 254.545, not later than 5 p.m. of the third day after the date of the special election, the county clerk shall deliver to the Secretary of State a copy of the abstracts for the offices voted upon at the special election. The abstract for election of Governor shall be delivered separately to the secretary as provided in section 4, Arti- cle V of the Oregon Constitution. (3) Notwithstanding ORS 253.135, not later than 5 p.m. of the first day after the date of the special election, a county clerk who received a ballot originating in another county shall forward the ballot by overnight mail or delivery or by the most expeditious means available to the county clerk of the county from which the ballot originated. (4) Notwithstanding ORS 254.555, not later than 5 p.m. of the fourth business day after the date of the special election, the Title 23 Page 117 (2007 Edition)
  • 120. 254.660 ELECTIONS Secretary of State shall issue a proclamation declaring the election of candidates to offices or shall order recounts of the votes cast as provided in ORS 258.280. (5)(a) Notwithstanding ORS 258.161, a re- count may not be conducted for any special election under this section unless the re- count is required by ORS 258.280. (b) If a recount for any special election is required by ORS 258.280, the Secretary of State shall complete the recount as expe- ditiously as possible to minimize disruption to the sessions of the Legislative Assembly and shall issue a proclamation declaring the election of a candidate to office upon com- pletion of the recount. (6) The cost of all special elections called under ORS 254.655 shall be paid by the state. (7) The ballot at a special election de- scribed in this section may not contain: (a) Any measure; or (b) Any candidate other than those can- didates for which a special election is neces- sary. (8) If there is a vacancy in the nomi- nation of a candidate at a special election called under ORS 254.655, the vacancy in the nomination shall be filled in the manner provided in ORS chapter 249 and the special election shall be held as scheduled. (9) When the office of state Senator or state Representative is vacant at the begin- ning of a session of the Legislative Assembly due to a special election called under ORS 254.655, the vacancy may not be filled as provided in ORS 171.051 unless, before en- tering upon the duties of the office to which the person was elected, the person elected at the special election dies, resigns or is de- clared disqualified by the house to which the person was elected. (10) The Secretary of State may adopt rules governing the procedures for conduct- ing a special election required by ORS 254.650. [2003 c.542 §4] 254.990 [Repealed by 1979 c.190 §431] Title 23 Page 118 (2007 Edition)
  • 121. Chapter 255 2007 EDITION Special District Elections GENERAL PROVISIONS 255.005 Definitions 255.012 “District” defined 255.022 Procedures for district elections; metro- politan service district candidates 255.035 Authority of elections officer to obtain advice and assistance 255.045 Notice of change of district boundary 255.055 Delegation to district elections authority of responsibility to conduct district election 255.062 Date of election on measure referred by district elections authority 255.069 Delivery and preparation of form for up- dating information on members of district boards; rules 255.075 Publication of notice of district election to elect district board or district school board; notice by mail; rules 255.085 Notice of district election on issuance of bonds or on other measure INITIATIVE AND REFERENDUM 255.115 Definitions for ORS 255.125 to 255.205 255.125 Application of ORS 255.135 to 255.205 255.135 Submitting prospective petition; form of petition; statement regarding payment of petition circulators; signature sheet re- quirements; annual statement 255.140 Determination of compliance with consti- tutional provisions; notice; appeal 255.145 Preparation of ballot title for certain measures; notice 255.155 Procedure for elector dissatisfied with ti- tle of district measure 255.165 Signature requirements 255.175 Filing officer; filing requirements; verifi- cation of signatures 255.185 Date of election on measure initiated or referred by electors 255.205 Retention of petition materials 255.215 Notice by mail in lieu of or in addition to newspaper publication NOMINATIONS 255.235 Nomination of candidates for election to district boards; withdrawal 255.245 Nominations to fill certain vacancies; Secretary of State to adopt rules CONDUCT OF ELECTIONS 255.288 Methods of providing map of proposed boundaries for election on boundary question 255.291 Ballot to state position or zone number of candidate 255.295 Preparing abstract; notification of results 255.305 Election expenses paid by district; excep- tions; apportionment of expenses; rules ELECTION DATES 255.325 Legislative intent to promote regularity of special district elections; rulemaking and enforcement by Secretary of State 255.335 Regular district election; terms of board members; organizational meeting 255.345 Special election dates Title 23 Page 119 (2007 Edition)
  • 122. ELECTIONS Title 23 Page 120 (2007 Edition)
  • 123. SPECIAL DISTRICT ELECTIONS 255.012 255.001 [1973 c.155 §2 (enacted in lieu of 255.011); 1975 c.766 §21; repealed by 1979 c.190 §431] GENERAL PROVISIONS 255.005 Definitions. As used in this chapter: (1) “County clerk” means the county clerk or the county official in charge of elections. (2) “District board” means the governing body of a district. (3) “District election” means any election authorized or required to be held by a dis- trict. (4) “District elections authority” means the county court or board of county commis- sioners, district board or other body or offi- cer authorized or required to call a district election. (5) “Elections officer” means the: (a) County clerk of the county in which the administrative office of the district is lo- cated regarding a measure, or a candidate for an office, to be voted on in a district located in more than one county. (b) County clerk regarding a measure, or a candidate for an office, to be voted on in a district situated wholly within the county. (6) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (7) “Measure” includes any of the follow- ing submitted to the people for their approval or rejection at an election: (a) A proposed law. (b) An Act or part of an Act of the Leg- islative Assembly. (c) A revision of or amendment to the Oregon Constitution. (d) Local, special or municipal legis- lation. (e) A proposition or question. (8) “Regular district election” means the election held each year for the purpose of electing members of any district board as defined in subsection (2) of this section. (9) “School district” means a common school district, a union high school district, an education service district or a community college district. [Formerly 259.010; 1983 c.392 §6; 1985 c.808 §39; 1987 c.707 §20] 255.010 [Repealed by 1957 c.608 §231] 255.011 [1957 c.608 §190; 1965 c.39 §1; 1971 c.733 §1; repealed by 1973 c.155 §1 (255.001 enacted in lieu of 255.011)] 255.012 “District” defined. As used in this chapter, “district” means: (1) A domestic water supply district or- ganized under ORS chapter 264. (2) A cemetery maintenance district or- ganized under ORS chapter 265. (3) A park and recreation district organ- ized under ORS chapter 266. (4) A mass transit district organized un- der ORS 267.010 to 267.390. (5) A transportation district organized under ORS 267.510 to 267.650. (6) A metropolitan service district organ- ized under ORS chapter 268. (7) A translator district organized under ORS 354.605 to 354.715. (8) A library district organized under ORS 357.216 to 357.286. (9) A county road district organized un- der ORS 371.055 to 371.110. (10) A special road district organized un- der ORS 371.305 to 371.360. (11) A road assessment district organized under ORS 371.405 to 371.535. (12) A highway lighting district organized under ORS chapter 372. (13) A health district organized under ORS 440.305 to 440.410. (14) A sanitary district organized under ORS 450.005 to 450.245. (15) A sanitary authority, water authority or joint water and sanitary authority organ- ized under ORS 450.600 to 450.989. (16) A county service district organized under ORS chapter 451. (17) A vector control district organized under ORS 452.020 to 452.170. (18) A rural fire protection district or- ganized under ORS chapter 478. (19) An airport district organized under ORS chapter 838. (20) A geothermal heating district organ- ized under ORS chapter 523. (21) A water improvement district organ- ized under ORS chapter 552. (22) A water control district organized under ORS chapter 553. (23) A weather modification district or- ganized under ORS 558.200 to 558.440. (24) A livestock district organized under ORS 607.005 to 607.051. (25) A port organized under ORS 777.005 to 777.725 and 777.915 to 777.953. (26) The Port of Portland established by ORS 778.010. (27) A school district. (28) Territory, other than territory within a city, proposed to be created, formed or in- corporated into a district or to be annexed or otherwise added to a district. Title 23 Page 121 (2007 Edition)
  • 124. 255.022 ELECTIONS (29) A soil and water conservation dis- trict organized under ORS 568.210 to 568.810 and 568.900 to 568.933. (30) A heritage district organized under ORS 198.973 to 198.989. [Formerly 259.020; 1981 c.226 §16; 1983 c.238 §1; 1983 c.350 §70; 1993 c.577 §18; 2007 c.562 §24] 255.013 [1971 c.94 §2; 1973 c.264 §1; repealed by 1979 c.190 §431] 255.015 [1967 c.309 §2; 1969 c.401 §1; 1971 c.733 §4; 1973 c.794 §17; repealed by 1979 c.190 §431] 255.018 [1967 c.309 §3; 1979 c.190 §185; renumbered 251.155] 255.020 [Repealed by 1957 c.608 §231] 255.022 Procedures for district elec- tions; metropolitan service district can- didates. (1) Except as otherwise specifically provided in this section or by the law under which the district is formed or is operating, a district election shall be conducted in ac- cordance with this chapter. (2) Except as otherwise provided by this chapter, district elections shall be subject to the election laws, excluding ORS chapter 251 providing for voters′ pamphlets unless specif- ically applicable, and shall be conducted as nearly as practicable as are general elec- tions. (3) Except as otherwise provided by the law under which the district is formed or is operating, candidates for any elected office of a metropolitan service district organized under ORS chapter 268 shall be nominated and elected in accordance with ORS chapter 249. [Formerly 259.040; 1995 c.607 §47] 255.025 [1955 c.154 §1; 1973 c.400 §1; 1975 c.766 §22; 1979 c.190 §174; renumbered 251.026] 255.027 [1971 c.733 §2; 1975 c.766 §6; 1979 c.190 §179; renumbered 251.085] 255.028 [1973 c.155 §4; 1975 c.766 §23; repealed by 1979 c.190 §431] 255.029 [1973 c.155 §5; 1975 c.766 §7; repealed by 1979 c.190 §431] 255.030 [Repealed by 1957 c.608 §231] 255.031 [1957 c.608 §192; 1959 c.457 §1; 1963 c.144 §1; 1969 c.82 §1; 1971 c.94 §6; 1973 c.658 §1; 1975 c.766 §8; 1975 c.779 §29; 1979 c.190 §177; 1979 c.533 §1; renumbered 251.065] 255.035 Authority of elections officer to obtain advice and assistance. In per- forming functions under this chapter, the elections officer may request the advice and assistance of the district elections authority or the officers of the district. Upon receipt of a request, a district elections authority or the officer of a district shall furnish advice and assistance to the maximum extent prac- ticable. [Formerly 259.160] 255.040 [Amended by 1957 c.608 §193; 1959 c.457 §2; 1979 c.190 §176; renumbered 251.055] 255.045 Notice of change of district boundary. If the boundary of a district is changed, the district board immediately shall send a certified copy of the order, resolution or other action changing the boundary to the elections officer. [1979 c.190 §285] 255.050 [Amended by 1955 c.96 §1; repealed by 1957 c.608 §231] 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 §3; renumbered 251.095] 255.055 Delegation to district elections authority of responsibility to conduct district election. The elections officer may delegate to the district elections authority at the request of the district elections authority any responsibility to conduct the district election, in whole or in part, if the elections officer determines that: (1) The election will be conducted in ac- cordance with this chapter; and (2) No inconvenience for electors of the district will result. [Formerly 259.035; 2007 c.154 §50] 255.060 [Repealed by 1957 c.608 §231] 255.061 [1957 c.608 §195; 1961 c.532 §1; 1969 c.83 §1; 1971 c.94 §7; 1975 c.766 §10; 1977 c.364 §1; 1979 c.190 §186; renumbered 251.165] 255.062 Date of election on measure referred by district elections authority. Unless specifically provided otherwise, when the district elections authority of a district that holds regular district elections refers a measure to the electors of the district, the election on the measure shall be held on a district election date specified by the district elections authority in the order calling the election. The election date may not be sooner than the first available election date in ORS 255.345 (1) for which the filing deadline can be met after the date of the order calling the election and may not be later than the next regular district election following the 61st day after the date of the order. [1983 c.350 §72; 1985 c.808 §40; 1989 c.923 §13] 255.069 Delivery and preparation of form for updating information on mem- bers of district boards; rules. (1) Not later than the 115th day before a regular district election, or not later than the 135th day be- fore a district election held on the date of a primary election or general election, the elections officer shall deliver to each district elections authority, by certified mail, a form for updating information on members of dis- trict boards. The form shall include, at a minimum, the district offices to be filled or for which candidates are to be nominated or elected at the next district election and in- formation concerning the candidates. (2) Not later than the 105th day before a regular district election or not later than the 125th day before a district election held on Title 23 Page 122 (2007 Edition)
  • 125. SPECIAL DISTRICT ELECTIONS 255.085 the date of a primary election or general election, the district elections authority shall return to the elections officer the form for updating information on members of district boards. (3) The elections officer shall prepare the notice required by ORS 255.075 by using the form completed by the district elections au- thority and any other information available. If the form is not returned by the district elections authority by the deadline specified in subsection (2) of this section, the elections officer shall prepare the notice for the dis- trict using the most current information available. If the form is returned by the dis- trict elections authority after the deadline, the elections officer shall prepare a corrected notice. The district shall be liable for any additional costs incurred in preparing and publishing a corrected notice. (4) The elections officer shall retain the completed forms in a file maintained for that purpose. All forms shall be kept for a period of at least four years after the district election for which the form was completed. (5) If a district is located in more than one county, the elections officer shall imme- diately certify the information contained on the form required under subsection (2) of this section to the county clerk of any other county in which the district is located. (6) The Secretary of State by rule shall establish the forms and procedures the elec- tions officer and the district elections au- thority shall use in maintaining adequate records for preparation of the form required under subsection (1) of this section. [1991 c.719 §58; 1995 c.712 §69] 255.070 [Repealed by 1957 c.608 §231] 255.075 Publication of notice of dis- trict election to elect district board or district school board; notice by mail; rules. (1) When a district election is to be held for the purpose of electing members of the district board, the elections officer shall publish a notice stating the date of the election, the board positions to be voted upon and the latest date on which candidates for election as board members may file petitions for nomination or declarations of candidacy. The notice shall be printed once in a news- paper of general circulation in the district not later than the 40th day before the last day for filing a petition for nomination or declaration of candidacy. (2) In lieu of or in addition to publication of notice under subsection (1) of this section, the elections officer may give notice by mail to each elector of the district. The notice shall have postage prepaid and shall be con- sidered given when mailed. The notice shall be made not later than the 40th day before the last day for filing a petition for nomi- nation or declaration of candidacy. Proof of mailing shall be by affidavit of the district elections officer who mailed the notice. The affidavit shall state the time and place the notice was mailed. (3) The Secretary of State by rule shall establish the procedures that the elections officer shall follow in maintaining adequate records for preparation of the notice required under subsection (1) of this section. [Formerly 259.080; 1981 c.639 §6; 1983 c.379 §1; 1985 c.808 §41] 255.080 [Repealed by 1957 c.608 §231] 255.085 Notice of district election on issuance of bonds or on other measure. (1) Not later than the 61st day before a dis- trict election on a measure, the district elec- tions authority shall deliver to the elections officer a notice stating the date of the election and a ballot title. The district elec- tions authority shall prepare the ballot title for a measure referred by the authority with the assistance of the district attorney for the county of the elections officer or an attorney employed by the district elections authority. (2) If a district submits a measure to the electors of the district at an election held on the first Tuesday after the first Monday in November and the district submitted a meas- ure on the election date in ORS 255.345 (1) immediately preceding the date of an election held on the first Tuesday after the first Monday in November, the district elections authority shall file the measure for the election held on the first Tuesday after the first Monday in November with the elections officer not later than the 47th day before an election held on the first Tuesday after the first Monday in November. (3) A notice of election called to approve the issuance of bonds shall include: (a) The purpose for which the bonds are to be used; (b) The amount and the term of the bonds; (c) The kind of bonds proposed to be is- sued; and (d) If the bond election is authorized by ORS 450.900, the additional notice require- ments in ORS 450.905. (4)(a) In the case of a measure submitted by initiative or referendum petition, the elections officer shall publish the notice in the next available edition of a newspaper of general circulation in the district after the deadline for filing the notice. (b) In the case of a measure referred by the district elections authority, the elections officer shall publish the notice of election in the next available edition of a newspaper of general circulation in the district after the Title 23 Page 123 (2007 Edition)
  • 126. 255.115 ELECTIONS notice of election is filed. The notice shall also state that an elector may file a petition for review of the ballot title not later than the date referred to in ORS 255.155. If the circuit court certifies a different ballot title, the elections officer shall publish an amended notice of election in the next avail- able edition of the newspaper referred to in this subsection after the new title is certified to the elections officer. [Formerly 259.090; 1981 c.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 §12; 1993 c.493 §46; 1993 c.713 §59; 1995 c.712 §120] 255.090 [Repealed by 1957 c.608 §231] 255.095 [Formerly 259.100; 1983 c.379 §3; 1999 c.410 §64; repealed by 2007 c.154 §67] INITIATIVE AND REFERENDUM 255.115 Definitions for ORS 255.125 to 255.205. As used in ORS 255.125 to 255.205, “district” means a district referred to in sec- tion 1 (5), Article IV, Oregon Constitution. [1979 c.190 §290] 255.125 Application of ORS 255.135 to 255.205. ORS 255.135 to 255.205 carry out the provisions of section 1, Article IV, Oregon Constitution, and shall apply to the exercise of initiative or referendum powers by the people of a district regarding a district measure. [1979 c.190 §291] 255.135 Submitting prospective peti- tion; form of petition; statement regard- ing payment of petition circulators; signature sheet requirements; annual statement. (1) Before circulating a petition to initiate or refer a district measure, the petitioner shall file with the elections officer a prospective petition. The elections officer immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circu- lation. The officer shall retain the prospec- tive petition. (2) The cover of an initiative or referen- dum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 255.145 (1). If the circuit court has not re- viewed the ballot title under ORS 255.155, the cover of an initiative petition shall con- tain the ballot title described in ORS 255.145 (3). If the circuit court has reviewed the bal- lot title, the cover of the initiative petition shall contain the title certified by the court. (3) The chief petitioners shall include with the prospective petition a statement de- claring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief peti- tioners shall notify the filing officer not later than the 10th day after any of the chief pe- titioners first has knowledge or should have had knowledge that: (a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid. (b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid. (4)(a) Each sheet of signatures on an ini- tiative petition shall contain the caption of the ballot title. Each sheet of signatures on a referendum petition shall contain the num- ber of the ordinance to be referred and the date it was adopted by the district board. (b) Each sheet of signatures on an initi- ative or referendum petition shall, if one or more persons will be paid for obtaining sig- natures of electors on the petition, contain a notice stating: “Some Circulators For This Petition Are Being Paid.” (5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition. (6) Not more than 20 signatures on the signature sheet of the initiative or referen- dum petition shall be counted. The circulator shall certify on each signature sheet that the circulator: (a) Witnessed the signing of the signature sheet by each individual whose signature ap- pears on the signature sheet; and (b) Believes each individual is an elector registered in the district. (7) If the gathering of signatures exceeds the period of one year from the time the pe- tition is approved for circulation, any of the chief petitioners, on or before the anniver- sary of approval of the petition for circu- lation: (a) Shall file annually with the elections officer a statement that the initiative peti- tion is still active; and (b) May submit to the elections officer for verification any signatures gathered on the petition in the preceding year. (8) Not later than 30 days before the date that the chief petitioners must file a state- ment and submit signatures under subsection (7) of this section, the elections officer shall notify the chief petitioners in writing of the requirements of subsection (7) of this section. The notice shall be sent by certified mail, return receipt requested. Title 23 Page 124 (2007 Edition)
  • 127. SPECIAL DISTRICT ELECTIONS 255.155 (9) The elections officer shall not accept for filing any petition which has not met the provisions of subsection (7) of this section. (10) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to re- view a copy upon request of the person. [1979 c.190 §292; 1981 c.909 §8; 1983 c.756 §12; 1991 c.106 §3; 1992 c.1 §4; 1995 c.607 §48; 1997 c.846 §4; 1999 c.318 §30; 2001 c.965 §7; 2007 c.848 §18] 255.140 Determination of compliance with constitutional provisions; notice; appeal. (1) Not later than the fifth business day after receiving a prospective petition for an initiative measure, the elections officer shall determine in writing whether the initi- ative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Or- egon Constitution. (2) If the elections officer determines that the initiative measure meets the require- ments of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections of- ficer shall proceed as required in ORS 255.145. The elections officer shall include in the publication required under ORS 255.145 (5) a statement that the initiative measure has been determined to meet the require- ments of section 1 (2)(d) and (5), Article IV of the Oregon Constitution. (3) If the elections officer determines that the initiative measure does not meet the re- quirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections officer shall immediately notify the peti- tioner, in writing by certified mail, return receipt requested, of the determination. (4) Any elector dissatisfied with a deter- mination of the elections officer under sub- section (1) of this section may petition the circuit court of the judicial district in which the administrative office of the district is lo- cated seeking to overturn the determination of the elections officer. If the elector is dis- satisfied with a determination that the initi- ative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Or- egon Constitution, the petition must be filed not later than the seventh business day after the ballot title is filed with the elections of- ficer. If the elector is dissatisfied with a de- termination that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitu- tion, the petition must be filed not later than the seventh business day after the written determination is made by the elections offi- cer. (5) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition. [1991 c.719 §38; 2005 c.797 §44] 255.145 Preparation of ballot title for certain measures; notice. (1) When a pro- spective petition for a district measure to be referred is filed with the elections officer, the officer shall authorize the circulation of the petition containing the title of the meas- ure as enacted by the district elections au- thority or, if there is no title, the title supplied by the petitioner filing the prospec- tive petition. The elections officer imme- diately shall send two copies of the prospective petition to the district attorney of the county in which the administrative office of the district is located. (2) Not later than the sixth business day after a prospective petition for a district measure to be initiated is filed with the elections officer, the officer shall send two copies of it to the district attorney of the county in which the administrative office of the district is located if the measure to be initiated has been determined to be in com- pliance with section 1 (2)(d) and (5), Article IV of the Oregon Constitution, as provided in ORS 255.140. (3) Not later than the fifth business day after receiving the copies of the prospective petition, the district attorney shall provide a ballot title for the district measure to be ini- tiated or referred and return one copy of the prospective petition and the ballot title to the elections officer. Unless the circuit court certifies a different title, this ballot title shall be the title printed on the ballot. (4) A copy of the ballot title shall be fur- nished to the chief petitioner. (5) The elections officer, upon receiving a ballot title for a district measure to be re- ferred or initiated from the district attorney, shall publish in the next available edition of a newspaper of general circulation in the district a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in ORS 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] 255.155 Procedure for elector dissatis- fied with title of district measure. (1) Any elector dissatisfied with a ballot title filed with the elections officer by the district at- torney or district elections authority may petition the circuit court of the judicial dis- trict in which the administrative office of the district is located seeking a different title and stating the reasons the title filed with the court is insufficient, not concise or un- fair. The petition shall name as respondent the district attorney or district elections au- thority, depending on who prepared the bal- lot title, and must be filed not later than the Title 23 Page 125 (2007 Edition)
  • 128. 255.165 ELECTIONS seventh business day after the title is filed with the elections officer. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and cer- tify to the elections officer a title for the measure which meets the requirements of ORS 250.035. (2) An elector filing a petition under this section shall notify the county clerk in writ- ing that the petition has been filed. The no- tice shall be given not later than 5 p.m. on the next business day following the day the petition is filed. (3) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of petitions or conduct of the election at which the measure is to be submitted to the electors. [1979 c.190 §294; 1983 c.514 §13a; 1987 c.707 §21; 1989 c.503 §16; 1993 c.493 §99; 1995 c.534 §5] 255.165 Signature requirements. (1) Except for a district measure of the Port of Portland, a metropolitan service district or- ganized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a standard metropolitan statistical area with a population exceeding 400,000, other than a mass transit district measure relating to a route, schedule or fare change, a petition to refer or initiate a district measure must be signed by a number of electors registered in the district that: (a) For an initiative petition, is not less than 15 percent of the total number of votes cast in the district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term; and (b) For a referendum petition, is not less than 10 percent of the total number of votes cast in the district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term. (2) A petition to refer or initiate a dis- trict measure of the Port of Portland, a met- ropolitan service district organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a standard metro- politan statistical area with a population ex- ceeding 400,000, other than a mass transit district measure relating to a route, schedule or fare change, must be signed by a number of electors registered in the district that: (a) For an initiative petition, is not less than six percent of the total number of votes cast in the district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term; and (b) For a referendum petition, is not less than four percent of the total number of votes cast in the district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term. (3) Except for a district measure of the Port of Portland, a metropolitan service dis- trict organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situ- ated in a standard metropolitan statistical area with a population exceeding 400,000, other than a mass transit district measure relating to a route, schedule or fare change, a petition to refer a district measure must be filed with the elections officer not later than the 30th day after adoption of the dis- trict ordinance sought to be referred. (4) A petition to refer a district measure of the Port of Portland, a metropolitan ser- vice district organized under ORS chapter 268, a school district with an enrollment ex- ceeding 40,000 pupils or a mass transit dis- trict situated in a standard metropolitan statistical area with a population exceeding 400,000, other than a mass transit district measure relating to a route, schedule or fare change, must be filed with the elections offi- cer not later than the 90th day after adoption of the district ordinance sought to be re- ferred. [1979 c.190 §295; 1983 c.350 §75; 1987 c.211 §1; 1989 c.328 §1] 255.175 Filing officer; filing require- ments; verification of signatures. (1) An initiative or referendum petition relating to a district measure shall be filed with the elections officer for signature verification. The filed petition shall contain only original signatures. (2) An initiative or referendum petition relating to a district measure shall not be accepted for filing if it contains less than 100 percent of the required number of signatures. (3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by rule shall designate a statistical sampling technique to verify whether a peti- tion contains the required number of signa- tures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures un- less two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling. (4) The Secretary of State may employ professional assistance to determine the sampling technique referred to in subsection Title 23 Page 126 (2007 Edition)
  • 129. SPECIAL DISTRICT ELECTIONS 255.245 (3) of this section. [1979 c.190 §296; 1989 c.68 §9; 1991 c.580 §1] 255.185 Date of election on measure initiated or referred by electors. (1) In a district that holds regular district elections, if an initiative or referendum petition con- tains the required number of verified signa- tures, the election on the district measure shall be held on a district election date specified by the district elections authority in the order calling the election. The election date may not be sooner than the next avail- able date in ORS 255.345 for which the filing deadline may be met and may not be later than the first regular district election fol- lowing the 40th day after the date of the or- der. (2) In a district that does not hold regu- lar district elections, if an initiative or ref- erendum petition contains the required number of verified signatures, the election on the district measure shall be held on the next available district election date in ORS 255.345 for which the filing deadline may be met. [1979 c.190 §297; 1983 c.350 §76; 1985 c.808 §44; 1991 c.107 §13] 255.195 [1979 c.190 §298; 1985 c.471 §13; repealed by 1987 c.724 §7] 255.205 Retention of petition materi- als. The elections officer shall retain the signature sheets of a filed initiative or refer- endum petition with a copy of the district measure. If the measure is approved by the district electors, a copy of the measure shall be preserved as a permanent public record, and the signature sheets shall be preserved for six years. [1979 c.190 §299] 255.210 [Repealed by 1957 c.608 §231] 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 §181; renumbered 251.115] 255.215 Notice by mail in lieu of or in addition to newspaper publication. In lieu of or in addition to publication of notice un- der ORS 255.085, if it is expedient to do so the elections officer may give notice by mail to each elector of the district. The notice shall have postage prepaid and shall be con- sidered given when mailed. Mailed notice of a district election under ORS 255.085 shall be made not later than three days after re- ceipt of the ballot title. Proof of mailing shall be by affidavit of the elections officer. The affidavit shall state the time and place the notice was mailed. [Formerly 259.110; 1981 c.173 §33; 1981 c.639 §7; 1985 c.808 §45; 1991 c.107 §14; 2007 c.154 §51] 255.220 [Amended by 1957 c.608 §198; repealed by 1979 c.190 §431] 255.230 [Repealed by 1957 c.608 §231] 255.231 [1957 c.608 §199; 1959 c.457 §4; 1971 c.94 §4; 1971 c.733 §6; 1973 c.658 §4; 1975 c.766 §12; repealed by 1979 c.190 §431] NOMINATIONS 255.235 Nomination of candidates for election to district boards; withdrawal. (1) A candidate for election as a member of a district board shall be nominated by filing with the elections officer either: (a) A petition for nomination signed by at least 25 electors, or 10 percent of the electors, residing in the election district for the office, whichever number is less; or (b) A declaration of candidacy accompa- nied by a filing fee of $10. (2) A petition for nomination or a decla- ration of candidacy shall be filed with the elections officer not sooner than the 40th day before the deadline specified in paragraph (a) or (b) of this subsection and: (a) Not later than the 61st day before the date of the district election if the election is a regular district election or the first election at which members of the district board are elected. (b) Not later than the 70th day before the date of the district election if the election is held on the date of a primary election or general election. (3) A nominating petition or declaration of candidacy shall contain the information specified in ORS 249.031. (4) In a district in which a position or zone number is assigned to each office on the district board or local school committee, each petition for nomination or declaration of candidacy for election to the district board or local school committee shall state the po- sition or zone number of the office to which the candidate seeks election. (5) The provisions of ORS 249.009 (1)(b) and 249.061 shall not apply to nominating petitions filed under this section. (6) A nominee for election to the district board may withdraw the nomination not later than 5 p.m. of the last day specified for filing a petition or declaration under this section by filing with the elections officer a written withdrawal of candidacy. The with- drawal shall be signed by the nominee and state the reasons for withdrawal. [Formerly 259.070; 1981 c.173 §34; 1983 c.350 §77; 1983 c.567 §17; 1985 c.808 §46; 1989 c.503 §17; 1989 c.923 §15; 1991 c.107 §15; 1995 c.607 §50; 1995 c.712 §70] 255.240 [Repealed by 1957 c.608 §231] 255.241 [1957 c.608 §200; 1961 c.532 §2; 1969 c.83 §2; 1971 c.94 §5; 1975 c.766 §13; 1977 c.364 §2; repealed by 1979 c.190 §431] 255.245 Nominations to fill certain va- cancies; Secretary of State to adopt rules. If a vacancy occurs in the office of district board member after the deadline for notice in ORS 255.069 (2) and on or before the 62nd day before the regular district Title 23 Page 127 (2007 Edition)
  • 130. 255.288 ELECTIONS election, the Secretary of State by rule shall provide a nominating schedule when practi- cable so that candidates′ names may be printed on the regular election ballot. With regard to this vacancy, requirements of pub- lication of notice and sample ballots may be waived. The rule shall require notice of the vacancy and nominating procedure to the district electors by the most reasonable and expeditious means practicable under the cir- cumstances, including but not limited to sin- gle publication in a newspaper of general circulation in the district. [Formerly 259.075; 1999 c.410 §65] 255.250 [Amended by 1955 c.96 §2; repealed by 1957 c.608 §231] 255.260 [Repealed by 1957 c.608 §231] 255.265 [Formerly 259.045; 1981 c.173 §35; 1987 c.267 §55; repealed by 1995 c.607 §91] CONDUCT OF ELECTIONS 255.275 [Formerly 259.220; repealed by 2007 c.154 §67] 255.285 [Formerly 259.120; 1985 c.471 §12; repealed by 2007 c.154 §67] 255.288 Methods of providing map of proposed boundaries for election on boundary question. At any election in which the question of establishing or chang- ing the exterior boundaries of a district or the question of establishing or changing boundaries of electoral zones or subdistricts within a district is submitted to a vote, the elections officer shall provide a map indicat- ing the proposed boundaries. The elections officer shall provide the map by: (1) Printing the map in any voters′ pam- phlet prepared for the district election; or (2) Including the map with the ballot. [1983 c.350 §74; 1993 c.493 §47; 2007 c.154 §52] 255.291 Ballot to state position or zone number of candidate. In a district in which a position or zone number is assigned to each office on the district board, the ballot shall state the position or zone number of the of- fice to which the candidate seeks election. The candidate′s name shall appear on the ballot only for the designated position or zone. [1983 c.350 §79] 255.295 Preparing abstract; notifica- tion of results. (1) Not later than the 20th day after the date of an election, the county clerk shall prepare an abstract of the votes and deliver it to the district elections au- thority. Not later than the 30th day after re- ceiving the abstract the district elections authority shall determine from it the result of the election. (2) Subject to ORS 254.548, the county clerk may issue a certificate of election only after the district elections authority has no- tified the county clerk in writing of the re- sult of the election. The notification to the county clerk shall contain a statement indi- cating whether any candidate elected to dis- trict office is qualified to hold the office. [Formerly 259.200; 1989 c.221 §1; 1993 c.493 §102; 1995 c.712 §72; 1999 c.318 §50; 1999 c.999 §57; 2005 c.157 §5] 255.305 Election expenses paid by dis- trict; exceptions; apportionment of ex- penses; rules. (1) Except as otherwise provided by ORS 198.775, 261.210, 568.542 and 607.025, the expenses incurred for a district election shall be paid by that district. (2) When two or more districts hold an election on the same day, the expenses of the election shall be equitably apportioned among the districts. (3) The Secretary of State by rule: (a) May designate a formula for the ap- portionment of expenses under subsection (2) of this section; and (b) Designate categories of election ex- penses that are chargeable to a district. [Formerly 259.230; 1983 c.514 §14; 1995 c.243 §3] 255.310 [Repealed by 1963 c.160 §1] ELECTION DATES 255.325 Legislative intent to promote regularity of special district elections; rulemaking and enforcement by Secre- tary of State. The Secretary of State by rule shall require the districts that are not in compliance with ORS 255.335 to so comply. For this purpose, the rule may require ad- justing or staggering terms of board mem- bers. [Formerly 259.235; 1981 c.173 §36] 255.335 Regular district election; terms of board members; organizational meeting. (1) The regular district election shall be held by each district for the purpose of electing members of the district board to succeed a member whose term expires the following June 30 and to elect members to fill any vacancy which then may exist. The election shall be held in each such district in each odd-numbered year on the third Tues- day in May. (2) A district shall not conduct more than one election of board members in any year. (3) The first regular district election in a district shall be held on the regular district election date next following the year in which the first members of the district board were elected or appointed. (4) The term of a board member elected at the regular district election shall com- mence on the first day of July next following the election and shall expire June 30 next following the regular district election at which a successor is elected. (5) Each district board shall hold a regu- lar organizational meeting following the reg- ular district election and not later than the Title 23 Page 128 (2007 Edition)
  • 131. SPECIAL DISTRICT ELECTIONS 255.345 last day of July of that year. [Formerly 259.240; 1981 c.639 §8; 1983 c.350 §80; 1983 c.379 §4; 1989 c.923 §16; 1995 c.258 §1; 1995 c.712 §115a; 2001 c.73 §1] 255.345 Special election dates. (1) Ex- cept as provided in subsection (2) of this section, a special election called by a district elections authority shall not be held on any date other than: (a) The second Tuesday in March; (b) The third Tuesday in May; (c) The third Tuesday in September; or (d) The first Tuesday after the first Mon- day in November. (2) A special election may be held on a date other than that provided in subsection (1) of this section, if the district elections authority by resolution finds that an election sooner than the next available election date is required on a measure to finance repairs to property damaged by fire, vandalism or a natural disaster. (3) As used in this section, “district elec- tions authority” means the body or officer authorized or required to call an election for a public corporation formed under, and de- riving its powers solely from, the statutes of this state, but does not include a city or county. [Formerly 259.260; 1981 c.639 §9; 1989 c.923 §17; 1991 c.71 §4; 1993 c.713 §53; 1995 c.607 §51; 1995 c.712 §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; 1979 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] 255.418 [1975 c.766 §18; 1979 c.190 §197; renumbered 251.275] 255.420 [Repealed by 1957 c.608 §231] 255.421 [1957 c.608 §203; 1959 c.457 §5; 1961 c.49 §4; 1965 c.350 §1; repealed by 1973 c.712 §5 (255.422 enacted in lieu of 255.421)] 255.422 [1973 c.712 §6 (enacted in lieu of 255.421); repealed by 1975 c.766 §29] 255.425 [1975 c.766 §17; repealed by 1977 c.460 §3] 255.430 [Amended by 1957 c.608 §204; 1975 c.766 §26; repealed by 1979 c.190 §431] 255.435 [1975 c.766 §2a; 1977 c.460 §2; 1979 c.190 §196; renumbered 251.265] 255.440 [Amended by 1953 c.359 §4; 1953 c.647 §2; 1957 c.608 §205; 1973 c.712 §7; 1979 c.190 §189; renumbered 251.195] 255.450 [Amended by 1957 c.608 §206; 1959 c.457 §6; repealed by 1973 c.712 §8 (255.452 enacted in lieu of 255.450)] 255.452 [1973 c.712 §9 (enacted in lieu of 255.450); repealed by 1975 c.766 §29] 255.455 [1977 c.516 §3; 1979 c.190 §198; 1979 c.749 §4; renumbered 251.285] 255.460 [Repealed by 1957 c.608 §231] 255.465 [1975 c.766 §27; 1979 c.190 §194; renumbered 251.245] 255.470 [1965 c.350 §2; 1975 c.766 §16; repealed by 1975 c.766 §29] 255.510 [1967 c.63 §2; 1979 c.190 §199; renumbered 251.295] 255.990 [Amended by 1973 c.155 §6; 1979 c.190 §200; renumbered 251.991] CHAPTERS 256 AND 257 [Reserved for expansion] Title 23 Page 129 (2007 Edition)
  • 132. ELECTIONS Title 23 Page 130 (2007 Edition)
  • 133. Chapter 258 2007 EDITION Election Contests; Recounts GENERAL PROVISIONS 258.006 Definitions ELECTION CONTESTS 258.016 Grounds for contest; persons authorized to contest 258.026 When election results may be set aside 258.036 Petition of contest; location of filing; contents of petition 258.046 Payment of costs, disbursements and at- torney fees 258.055 Publication of notice of contest; service and filing of copies of petition of contest; court hearing 258.065 Effect of successful contest of nomination or election 258.075 Effect of successful contest of measure; special election dates; tax election partic- ipation contests 258.085 Appeal to Court of Appeals RECOUNTS 258.150 Authority of Secretary of State over re- counts 258.161 Filing demand for recount with Secretary of State; partial or full recount; deposit; waiver of deposit; deadline for filing de- mand; recount related to presidential election 258.171 Full recount required to change results; exception for recount demand made by county clerk 258.181 One recount only; two or more recount demands 258.190 Secretary of State ordering recount after demand; notice 258.200 Counting boards; appointment; compensa- tion 258.211 Opening ballot boxes; conduct of recount by hand; persons permitted to be present 258.221 Completion of recount; certification of votes and cost; notification of person de- manding recount 258.231 Costs to be included and excluded from recount costs 258.241 Official return of election after recount 258.250 Payment of cost of recount 258.260 Costs to be collected for multicounty or statewide election recounts 258.270 Payment of costs where more than one recount conducted simultaneously 258.280 Automatic full recount required in certain elections of candidates for office; costs of recount to be paid by governmental unit 258.290 Automatic full recount required in certain elections on measures; costs of recount to be paid by governmental unit; exception 258.300 Elections officials to notify Secretary of State when automatic full recount re- quired Title 23 Page 131 (2007 Edition)
  • 134. ELECTIONS Title 23 Page 132 (2007 Edition)
  • 135. ELECTION CONTESTS; RECOUNTS 258.026 258.005 [1965 c.586 §2; repealed by 1979 c.190 §431] GENERAL PROVISIONS 258.006 Definitions. As used in this chapter: (1) “Candidate” means a candidate for nomination or election to any elective office. (2) “Contestant” means any person who files a petition of contest under ORS 258.036. (3) “Contestee” means: (a) In a contest of the nomination of a person for an office or the election of a per- son to an office, all candidates for the nomi- nation or office, other than a candidate who is a contestant. (b) In a contest of the approval or re- jection of a measure proposed by initiative petition, the chief petitioner of the petition, unless the chief petitioner is a contestant, and any other person involved in the cause of the contest. (c) If the cause of the contest is ORS 258.016 (6) or (7), the county clerk. (4) “County clerk” means the county clerk or the county official in charge of elections. (5) “Elector” means an individual quali- fied to vote under section 2, Article II, Ore- gon Constitution. (6) “Full recount” means a recount of all the precincts in which votes were cast for the nomination or office for which a candi- date received a vote or on any measure that appeared on the ballot. (7) “Measure” includes any of the follow- ing submitted to the people for their approval or rejection at an election: (a) A proposed law. (b) An Act or part of an Act of the Leg- islative Assembly. (c) A revision of or amendment to the Oregon Constitution. (d) Local, special or municipal legis- lation. (e) A proposition or question. (8) “Partial recount” means a recount conducted in a number of precincts equal to the greater of: (a) Five percent of the precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot; or (b) Three specified precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. [Formerly 251.015; 1983 c.392 §7; 1985 c.186 §1; 1995 c.607 §52; 2001 c.965 §28] 258.010 [1953 c.397 §1; repealed by 1965 c.586 §34] 258.015 [1965 c.586 §3; repealed by 1979 c.190 §431] ELECTION CONTESTS 258.016 Grounds for contest; persons authorized to contest. The nomination or election of any person or the decision on any measure may be contested by any elector entitled to vote for the person or measure, by any person who was a candidate at the election for the same nomination or office, by the Secretary of State if the contest in- volves a state measure or a candidate for whom the Secretary of State is the filing of- ficer, or by the county clerk who conducted the election only for the following causes: (1) Deliberate and material violation of any provision of the election laws in con- nection with the nomination, election, ap- proval or rejection. (2) Ineligibility of the person elected to the office to hold the office at the time of the election. (3) Illegal votes. (4) Mistake or fraud in the canvass of votes. (5) Fraud in the count of votes. (6) Nondeliberate and material error in the distribution of the official ballots by a local elections official, as that term is de- fined in ORS 246.012, or a county clerk. (7) A challenge to the determination of the number of electors who were eligible to participate in an election on a measure con- ducted under section 11 (8), Article XI of the Oregon Constitution. [Formerly 251.025; 1983 c.170 §1; 1993 c.493 §48; 1997 c.541 §313a; 2001 c.965 §29] 258.020 [1953 c.397 §2; repealed by 1965 c.586 §34] 258.025 [1965 c.586 §4; 1979 c.190 §24; renumbered 246.520] 258.026 When election results may be set aside. (1) The nomination or election of a person shall not be set aside for any cause listed in ORS 258.016 (3) to (5) unless: (a) The person nominated or elected had knowledge of or connived in the cause of the contest; or (b) The number of votes taken from the person nominated or elected by reason of the cause of the contest would reduce the legal votes of the person below the number of le- gal votes given to another person for the same nomination or office. (2) The nomination or election of a per- son shall not be set aside for the cause de- scribed in ORS 258.016 (6) unless it can be determined that the nomination or election would have been given to one of the candi- dates other than the candidate nominated or elected if all votes not cast or tallied due to Title 23 Page 133 (2007 Edition)
  • 136. 258.036 ELECTIONS the error had been cast or tallied for the other candidate. (3) The approval or rejection of a meas- ure shall not be set aside unless it appears that: (a) The number of votes taken from the approval or rejection by reason of the con- test would reverse the outcome of the election; or (b) The outcome of the election would have been reversed if all votes not cast or tallied due to an error under ORS 258.016 (6) had been cast or tallied for approval or re- jection of the measure. [Formerly 251.035; 1983 c.170 §2] 258.030 [1953 c.397 §30; repealed by 1965 c.586 §34] 258.035 [1965 c.586 §5; repealed by 1979 c.190 §431] 258.036 Petition of contest; location of filing; contents of petition. (1) Not later than the 40th day after the election or the seventh day after completion of a recount of votes cast in connection with the nomi- nation, office or measure, any person au- thorized to contest a result of the election may file a petition of contest. The petition shall be filed with: (a) The Circuit Court for Marion County if the petition involves a state measure, a candidate for election to the office of elector of President and Vice President of the United States or a candidate for nomination or election to the office of United States Senator, United States Representative in Congress, Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, Su- perintendent of Public Instruction or a posi- tion of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court. (b) The circuit court for the county where a majority of the electors in the elec- toral district reside if the petition involves a candidate for nomination or election to the office of state Senator, state Representative, circuit court judge or district attorney. (c) The circuit court for the county in which the filing officer is located if the peti- tion involves a candidate for nomination or election to county, city or district office or a county, city or district measure. If a dis- trict is located in more than one county, the petition shall be filed with the circuit court for the county in which the administrative office of the district is located. (2) The petition shall be verified in the manner required for verification of com- plaints in civil cases and shall specify: (a) The cause of the contest; and (b) The names of all contestees. [Formerly 251.045; 1995 c.607 §53; 2001 c.965 §30] 258.040 [1953 c.397 §37; repealed by 1965 c.586 §34] 258.045 [1965 c.586 §6; 1979 c.190 §25; renumbered 246.530] 258.046 Payment of costs, disburse- ments and attorney fees. (1) The prevailing party in the contest proceeding shall recover costs, disbursements and reasonable attorney fees at trial and on appeal against the losing party. However, if the cause of the contest is a mistake in the canvass of votes and the contestant prevails, the cost of any recanvass of votes shall be paid by: (a) The county for a contest of a state or county nomination, office or measure; (b) The city for a contest of a city nomi- nation, office or measure; or (c) Any other political subdivision or public corporation for a contest of such a subdivision or corporation nomination, office or measure. (2) In a contest under ORS 258.016 (7), costs, disbursements and attorney fees shall not be assessed against the county clerk un- less the court makes a specific finding of fault against the county clerk. [Formerly 251.060; 1981 c.897 §44; 1991 c.331 §50; 1995 c.607 §53a; 1997 c.541 §313c] 258.055 Publication of notice of con- test; service and filing of copies of peti- tion of contest; court hearing. (1) Except as provided in subsection (2) of this section, when a contestant files a petition of contest with the circuit court described under ORS 258.036 (1), the contestant shall, within three business days of filing the petition, publish a notice stating that the petition has been filed and identifying the date of the deadline de- scribed in this subsection for filing a motion to intervene. The notice shall be published at least once in the next available issue of a newspaper of general circulation published in the county where the proceeding is pending. Jurisdiction over the election contest shall be complete within 10 days after the notice is published as provided in this section. Any person interested may at any time before the expiration of the 10 days appear and contest the validity of the proceeding, or of any of the acts or things enumerated in the pro- ceeding. (2) Subsection (1) of this section does not apply if the contest involves a state measure, the election of a candidate to the office of elector of President and Vice President of the United States or the nomination or election of a candidate to the office of United States Senator, United States Representative in Congress, Governor, Secretary of State, State Treasurer, Attorney General, Commis- sioner of the Bureau of Labor and Industries, Superintendent of Public Instruction or a position of judge on the Oregon Supreme Title 23 Page 134 (2007 Edition)
  • 137. ELECTION CONTESTS; RECOUNTS 258.075 Court, the Oregon Court of Appeals or the Oregon Tax Court. (3) Not later than two business days after a petition of contest is filed with the circuit court, the contestant shall serve a copy of the petition by certified mail on each contestee. If the Secretary of State or county clerk is not a contestee, not later than one business day after a petition of contest is filed with the circuit court, the contestant shall file a copy of the petition with: (a) The Secretary of State if the petition involves a candidate for state office or a state measure; or (b) The county clerk if the petition in- volves a candidate for county, city or district office or a county, city or district measure. As used in this paragraph, “county clerk” includes the county clerk of the county in which the administrative office of a city or district is located regarding a measure or a candidate for an office to be voted on in a city or district located in more than one county. (4) The circuit court shall fix a time for the hearing by the circuit court of the con- test proceeding, and not later than the fifth day before the hearing shall give written no- tice of the hearing to each party to the pro- ceeding. In fixing the time for the hearing, the court shall consider the dates set in any notice published under subsection (1) of this section and the dates of service on the contestees. The contest proceeding shall take precedence over all other business on the circuit court docket. (5) The circuit court shall hear and de- termine the proceeding without a jury and shall issue written findings of law and fact. The practice and procedure otherwise appli- cable to civil cases shall govern the proceed- ing, except that the contestant has the burden of proof by clear and convincing evi- dence. [Formerly 251.070; 1995 c.607 §54; 2001 c.965 §31] 258.065 Effect of successful contest of nomination or election. (1) After the con- test hearing, the circuit court shall render a judgment affirming or setting aside the nom- ination or election of the person for or to the office. (2) If the judgment sets aside the nomi- nation of a person, it also shall declare that the nomination is vacant. (3) Except as provided in subsection (4) of this section, if the judgment sets aside the election of a person, the incumbent shall re- main in office until a successor is elected. (4) If the judgment sets aside the election of a person to an office sought by an incum- bent who was defeated, the office shall be declared vacant. (5) If the judgment under ORS 258.026 (2) sets aside the nomination or election of a person to a city office or as a member of the board of a district defined in ORS 255.012, the names of the candidates for the office shall be resubmitted to the electors at a spe- cial election held on the next available election date. The county of the county clerk or the local elections official who com- mitted the error in the distribution of the official ballots shall bear the cost of the election. [1979 c.190 §320; 1983 c.170 §3] 258.075 Effect of successful contest of measure; special election dates; tax election participation contests. (1) Except as provided in subsection (4) of this section, after the contest hearing, the circuit court shall render a judgment affirming or setting aside the approval or rejection of the meas- ure. (2) If the judgment sets aside the ap- proval or rejection of a measure, the circuit court shall direct the measure to be resub- mitted at a special election held on one of the dates specified in this subsection, as set by the court. In setting the election date, the court shall provide sufficient time for ade- quate notice to be given. The special election may be held on any of the following dates: (a) The second Tuesday in March; (b) The third Tuesday in May; (c) The third Tuesday in September; or (d) The first Tuesday after the first Mon- day in November. (3) The county of the county clerk or the local elections official who committed the error in the distribution of the official ballots shall bear the cost of the special election. (4) In a contest under ORS 258.016 (7), the court shall determine whether the chal- lenge to the determination of the number of electors who were eligible on election day to participate in the election on a measure conducted under section 11 (8), Article XI of the Oregon Constitution, is valid. In making the determination, the court shall rely on the provisions of ORS chapter 247 and shall re- ceive testimony from the county clerk re- garding the clerk′s administration of ORS chapter 247. If, after a contest hearing, the court determines that the challenge to the determination of the number of electors who were eligible to participate is valid and that the change in the number of electors eligible to participate is sufficient to change the outcome of the election on the measure, the court shall order the county clerk to make a new determination of the number of eligi- ble electors and to certify the results of the 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 §18; 1991 c.71 §5; 1993 c.713 §54; 1995 c.712 §117; 1997 c.541 §313b] 258.085 Appeal to Court of Appeals. Any party to the contest proceeding may ap- peal from the judgment rendered by the cir- cuit court to the Court of Appeals in the same manner as appeals in civil cases are taken. The appeal shall take precedence over all other business on the docket. [Formerly 251.090] 258.105 [1965 c.586 §7; 1979 c.190 §246; renumbered 246.540] 258.110 [1953 c.397 §31; 1957 c.608 §207; repealed by 1965 c.586 §34] 258.115 [1965 c.586 §8; repealed by 1979 c.190 §431] 258.120 [1953 c.397 §33; repealed by 1965 c.586 §34] 258.125 [1965 c.586 §9; repealed by 1979 c.190 §431] 258.130 [1953 c.397 §32; repealed by 1965 c.586 §34] 258.135 [1965 c.586 §10; repealed by 1979 c.190 §431] 258.145 [1965 c.586 §11; 1967 c.335 §25; repealed by 1979 c.190 §431] RECOUNTS 258.150 Authority of Secretary of State over recounts. The Secretary of State shall be responsible for insuring that the procedures to be used in conducting election recounts assure an accurate recount in the shortest time at the least expense. When- ever demands are filed for a recount of a vote for both a measure and a nomination or office, or for more than one measure, nomi- nation or office, the Secretary of State may determine the most appropriate procedure to be used in conducting the recounts simul- taneously. [Formerly 251.625] 258.155 [1965 c.586 §12; 1979 c.190 §28; renumbered 246.550] 258.160 [1953 c.397 §34; 1957 c.608 §208; repealed by 1965 c.586 §34] 258.161 Filing demand for recount with Secretary of State; partial or full recount; deposit; waiver of deposit; dead- line for filing demand; recount related to presidential election. (1) A candidate or an officer of a political party on behalf of a candidate of the political party may file a demand requiring the Secretary of State to direct that a recount be made in specified precincts in which votes were cast for the nomination or office for which the candidate received a vote. (2) An elector may file a demand requir- ing the Secretary of State to direct that a recount be made in specified precincts in which votes were cast on any measure which appeared on the ballot. (3) A county clerk may file a demand re- quiring the Secretary of State to direct that a recount be made in specified precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the bal- lot. The cash deposit requirement of subsec- tion (5) of this section shall not apply to a demand made under this subsection. The cost of a recount conducted under this sub- section shall be paid by the county of the county clerk making the demand. (4) Except as provided in subsection (9) of this section, the person making a demand for a recount may, in the first demand, spec- ify a partial or a full recount. A person making a demand for a partial recount shall specify the precincts in which votes were cast for the nomination or office or on the measure to be recounted. If in the first de- mand the person requested a partial recount, the person may file a supplemental demand for a recount of all the remainder of the precincts. (5) Except as provided in subsections (3) and (6) of this section, each demand shall be accompanied by a cash deposit of $15 for each precinct to be recounted up to a maxi- mum of $8,000 for a recount of all precincts in the state on a measure or for a nomi- nation or office. The Secretary of State may retain the deposit for not more than 60 days after the election for which the recount was demanded, without depositing it in the Gen- eral Fund. (6) Upon application from a county clerk, the Secretary of State may waive the cash deposit requirement of subsection (5) of this section if, after the first demand, it appears that due to nondeliberate and material error by a local elections official, as defined in ORS 246.012, or a county clerk, the outcome of an election on a candidate or measure will be changed. The cost of a recount conducted under this subsection shall be paid by the county of the county clerk or the county of the local elections official who committed the error. (7) Each demand shall be in the form and shall contain the information prescribed by the Secretary of State, including the names and addresses of all persons and organiza- tions providing any part of the cash deposit and the amount provided by each. (8) Except as provided in subsection (9) of this section, the first demand shall be filed in the office of the Secretary of State not later than the 35th day and a supplemental demand not later than the 45th day after the date of the election in which votes were cast for the nomination, office or measure. (9) A demand for a recount made under this section on behalf of the electors of pres- idential and vice presidential candidates shall be for a full recount only and shall be filed no later than five business days after the Secretary of State declares the result of the election under ORS 254.555. [Formerly Title 23 Page 136 (2007 Edition)
  • 139. ELECTION CONTESTS; RECOUNTS 258.211 251.520; 1981 c.142 §5; 1981 c.173 §37; 1995 c.607 §55; 1999 c.318 §40; 2001 c.965 §32] 258.165 [1965 c.586 §13; 1969 c.537 §1; 1979 c.190 §29; renumbered 246.560] 258.170 [1953 c.397 §35; 1957 c.608 §209; repealed by 1965 c.586 §34] 258.171 Full recount required to change results; exception for recount de- mand made by county clerk. (1) Except as provided in subsection (2) of this section, the person making a demand for a recount shall be bound by the original official returns un- less the person demands a full recount. (2) If a demand for a partial recount is made by a county clerk under ORS 258.161 (3), votes recounted in the precincts specified by the county clerk may be combined with votes in other precincts that were not re- counted to determine the official returns of the election. [1979 c.190 §325; 1999 c.318 §41; 2001 c.965 §33] 258.180 [1953 c.397 §38; 1957 c.608 §210; repealed by 1965 c.586 §34] 258.181 One recount only; two or more recount demands. (1) Except as provided in subsection (4) of this section, only one re- count shall be made for any measure, nomi- nation or office for which a recount may be demanded. (2) If two or more demands for the re- count of the same measure are filed with the Secretary of State the demand first received by the Secretary of State shall be considered the demand for a recount. (3) If two or more demands for the re- count of the same nomination or office are filed with the Secretary of State the demand received from or on behalf of the losing can- didate receiving the highest number of votes shall be considered the demand for a recount. (4) If the demand for a recount under subsection (2) or (3) of this section specifies a partial recount, any elector may file a supplemental demand as provided in ORS 258.161. [Formerly 251.540; 1985 c.808 §48; 2001 c.965 §34] 258.190 Secretary of State ordering recount after demand; notice. (1) After a recount demand is filed, the Secretary of State shall direct the official who conducted the election or the clerk of any county con- taining precincts in which ballots were cast on the measure or for the nomination or of- fice specified in the demand for a recount to conduct a recount in the precincts specified in the demand. (2) If the demand for a recount of votes cast for a nomination or office is filed, the Secretary of State, not later than the third day after the filing of the first demand, shall notify the affected candidates by certified or registered mail that a recount is to be made in the precincts specified in the demand. (3) The official who is to conduct the re- count, within a reasonable time before the recount, shall notify the affected candidates or the individual filing the demand for re- count for a measure of the date, time and place of the recount. [Formerly 251.550] 258.192 [1959 c.582 §2; repealed by 1965 c.586 §34] 258.194 [1959 c.582 §3; repealed by 1965 c.586 §34] 258.196 [1959 c.582 §§4,5,6; repealed by 1965 c.586 §34] 258.198 [1959 c.582 §7; repealed by 1965 c.586 §34] 258.200 Counting boards; appointment; compensation. (1) After receiving notice from the Secretary of State that a recount is to be made, the official directed to conduct the recount shall appoint counting boards from the list of electors qualified to vote in the county in which the recount is de- manded. The official shall appoint as many counting boards as may be necessary to complete the recount within the shortest practicable time after the demand is filed. No member of the counting boards shall have been a candidate for any office voted upon at the election. The members of a counting board shall not all be members of the same political party. (2) Each member of the counting board shall be compensated at a rate not less than the federal or state minimum wage, which- ever is higher. [Formerly 251.560; 1981 c.173 §38; 1993 c.493 §49; 1999 c.410 §66] 258.205 [1965 c.586 §14; repealed by 1979 c.190 §431] 258.210 [1953 c.397 §3; 1957 c.608 §211; repealed by 1965 c.586 §34] 258.211 Opening ballot boxes; conduct of recount by hand; persons permitted to be present. (1) The ballot boxes containing the ballots to be recounted shall be opened by the official directed to make the recount only in the presence of the counting board and the persons referred to in this section. (2) The counting board shall conduct the recount by hand and, if requested, permit: (a) In the instance of a nomination or office, an affected candidate or an elector authorized in writing by an affected candi- date, and an elector authorized in writing by each major or minor political party to be present to watch the recount. (b) In the instance of a measure, one elector advocating and one elector opposing the measure to be present to watch the re- count. (3) For ballots cast using a voting ma- chine: (a) The county clerk shall deposit the paper record copy recorded by the machine into the ballot box; and (b) The paper record copies are the bal- 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 §69] 258.215 [1965 c.586 §15; 1973 c.662 §2; 1975 c.212 §1; 1977 c.829 §18; 1979 c.317 §14; repealed by 1979 c.190 §431] 258.220 [1953 c.397 §8; 1957 c.608 §212; repealed by 1965 c.586 §34] 258.221 Completion of recount; certi- fication of votes and cost; notification of person demanding recount. (1) The re- count shall be completed as soon as practi- cable after the demand is filed. (2) In the case of a full recount, the offi- cial directed to conduct the recount, as soon as practicable after completion of the re- count, shall: (a) Certify the abstract of votes re- counted to the Secretary of State. (b) Certify the abstract of votes re- counted to the official issuing certificates of nomination or election regarding a nomi- nation or office, or to the official responsible for issuing a proclamation regarding a meas- ure. The official then shall issue the appro- priate certificate or proclamation. (c) Notify by mail the person who filed the demand for the recount of the result and the cost of the recount. (3) Not later than the 30th day after the completion of the recount the official di- rected to conduct the recount shall certify the cost of the recount to the Secretary of State. [Formerly 251.590; 2001 c.965 §36] 258.225 [1965 c.586 §16; 1979 c.317 §15; repealed by 1979 c.190 §431] 258.230 [1953 c.397 §9; 1957 c.608 §213; repealed by 1965 c.586 §34] 258.231 Costs to be included and ex- cluded from recount costs. (1) The certi- fication of costs of a recount required in ORS 258.221 (3) may include: (a) Compensation of recount boards. (b) Compensation of additional employees required to conduct the recount and overtime payment to regular employees who are eligi- ble to receive such payments. (c) Postage and telephone charges di- rectly related to the recount. (d) The costs for security. (2) The certification of costs of a recount required in ORS 258.221 (3) shall not include: (a) General administrative costs. (b) Allowances for meals or lodging. [Formerly 251.630; 2001 c.965 §37] 258.235 [1965 c.586 §17; 1979 c.317 §16; repealed by 1979 c.190 §431] 258.240 [1953 c.397 §10; repealed by 1965 c.586 §34] 258.241 Official return of election after recount. (1) In the case of a full recount, the abstract of votes resulting from the recount shall be the official return of the election. (2) Except as provided in ORS 258.171 (2), in the case of a partial recount, the abstract of votes recounted shall not be certified and the abstract of votes resulting from the ori- ginal count shall be the official return of the election. [Formerly 251.600; 2001 c.965 §38] 258.245 [1965 c.586 §18; 1979 c.190 §254; renumbered 254.315] 258.250 Payment of cost of recount. (1) If the abstract of votes resulting from a full recount shows that the outcome of the election on the measure was changed or that a candidate for whose benefit the recount was demanded received a plurality of the votes, the deposit required by ORS 258.161 shall be refunded by the Secretary of State to the person who filed the demand. (2) The Secretary of State shall transfer the deposit required by ORS 258.161 and any additional amount paid pursuant to subsec- tion (5) of this section to a special account in the General Fund if: (a) A full recount was not conducted; or (b) The abstract of votes resulting from a full recount shows that: (A) The outcome of the election on the measure was not changed; or (B) A candidate for whose benefit the re- count was demanded did not receive a plu- rality of the votes. (3) Moneys deposited in the special ac- count under subsection (2) of this section are continuously appropriated for the purpose of reimbursing the county, city or other poli- tical subdivision or public corporation for the cost of the recount and paying any refunds required by subsection (4) of this section. (4) Upon receipt from the official directed to conduct the recount of a signed certificate itemizing the cost of the recount, the Secre- tary of State shall request the Oregon De- partment of Administrative Services to issue warrants for the amount so certified. Any portion of the deposit required by ORS 258.161 remaining after the cost of the re- count has been paid shall be refunded to the person who filed the demand upon receipt of a warrant from the Oregon Department of Administrative Services showing the amount of the refund to which the person is entitled. (5) If the cost of the recount exceeds the amount of the deposit required by ORS 258.161, and if the person who filed the de- mand does not qualify for a refund under subsection (1) of this section, the person shall pay to the Secretary of State the amount of the excess cost. [Formerly 251.610; 1983 c.740 §66; 2001 c.965 §39; 2005 c.755 §7] 258.255 [1965 c.586 §19; 1979 c.317 §17; repealed by 1979 c.190 §431] Title 23 Page 138 (2007 Edition)
  • 141. ELECTION CONTESTS; RECOUNTS 258.300 258.260 Costs to be collected for multicounty or statewide election re- counts. If the demand for recount is made for a multicounty or statewide election, the Secretary of State also may collect those costs allowed in ORS 258.231 (1) which the secretary incurs as a result of the recount. [Formerly 251.635] 258.265 [1965 c.586 §20; repealed by 1979 c.190 §431] 258.270 Payment of costs where more than one recount conducted simultane- ously. If two or more recounts are conducted simultaneously, payment of the costs of the recount in counties where the same precinct or precincts are designated for recount by more than one person shall be equitably ap- portioned among those persons. With the ad- vice of the official directed to conduct the recount, the Secretary of State shall deter- mine the apportionment of costs. [Formerly 251.615] 258.275 [1965 c.586 §21; 1977 c.508 §13; repealed by 1979 c.190 §431] 258.280 Automatic full recount re- quired in certain elections of candidates for office; costs of recount to be paid by governmental unit. (1) The Secretary of State shall order a full recount of the votes cast for nomination or election to a public office for which the Secretary of State is the filing officer, and the county clerk who con- ducted the election shall order a full recount of the votes cast for nomination or election to any other public office if the canvass of votes of the election reveals that: (a) Two or more candidates for that nomination or office have an equal and the highest number of votes; or (b) The difference in the number of votes cast for a candidate apparently nominated or elected to the office and the votes cast for the closest apparently defeated opponent is not more than one-fifth of one percent of the total votes for both candidates. (2) The cost of a full recount conducted under this section shall be paid by the county for a county office, by the city for a city office, by the special district for a spe- cial district office or by the state for any other office. [Formerly 251.640; 1985 c.808 §49; 1993 c.493 §50; 2001 c.965 §40] 258.285 [1965 c.586 §22; 1979 c.317 §18; repealed by 1979 c.190 §431] 258.290 Automatic full recount re- quired in certain elections on measures; costs of recount to be paid by govern- mental unit; exception. (1) If the official canvass of votes of an election reveals that the difference in the number of votes cast for or against any measure is not more than one-fifth of one percent of the total votes cast for and against the measure, the Secre- tary of State, in the case of a measure for which the Secretary of State is the filing of- ficer, and the county clerk who conducted the election in the case of any other measure shall order a full recount of all votes cast for the measure. (2) The cost of a full recount conducted under this section shall be paid by the state, county, city or special district for which the measure was proposed. (3) This section does not apply if the election on the measure is an election at which at least 50 percent of registered voters eligible to vote in the election must cast a ballot under section 11, Article XI, Oregon Constitution, and less than 50 percent of registered voters eligible to vote in the election cast ballots. [Formerly 251.645; 1993 c.493 §51; 1997 c.541 §313e; 2001 c.965 §41] 258.295 [1965 c.586 §26; 1979 c.190 §256; renumbered 254.335] 258.300 Elections officials to notify Secretary of State when automatic full recount required. Immediately following the completion of the official canvass of votes for any election, the elections officer who pre- pared the canvass shall notify the Secretary of State of any election subject to an auto- matic full recount under ORS 258.280 and 258.290. [Formerly 251.650; 2001 c.965 §42] 258.305 [1965 c.586 §27; 1979 c.190 §257; renumbered 254.345] 258.310 [1953 c.397 §4; 1957 c.608 §214; repealed by 1965 c.586 §34] 258.315 [1965 c.586 §28; 1979 c.317 §19; 1979 c.317 §19a; 1979 c.519 §29; repealed by 1979 c.19 §431] 258.320 [1953 c.397 §5; 1957 c.608 §215; repealed by 1965 c.586 §34] 258.325 [1965 c.586 §29; repealed by 1979 c.190 §431] 258.330 [1953 c.397 §6; repealed by 1965 c.586 §34] 258.335 [1965 c.586 §§30,31; repealed by 1979 c.190 §431] 258.345 [1965 c.586 §32; repealed by 1979 c.190 §431] 258.355 [1965 c.586 §23; repealed by 1979 c.190 §431] 258.365 [1965 c.586 §24; repealed by 1979 c.190 §431] 258.375 [1965 c.586 §25; repealed by 1979 c.190 §431] 258.380 [1977 c.231 §2; 1979 c.190 §241; renumbered 254.175] 258.405 [1965 c.139 §§2,4; 1967 c.384 §1; 1979 c.190 §30; renumbered 246.570] 258.410 [1953 c.397 §7; repealed by 1965 c.586 §34] 258.415 [1965 c.139 §3; 1967 c.384 §2; 1979 c.190 §31; renumbered 246.580] 258.420 [1953 c.397 §11; repealed by 1965 c.586 §34] 258.425 [1965 c.139 §5; 1967 c.335 §26; 1971 c.749 §85; 1979 c.190 §32; renumbered 246.590] 258.430 [1953 c.397 §12; repealed by 1965 c.586 §34] 258.435 [1965 c.139 §6; 1979 c.190 §33; renumbered 246.600] 258.440 [1953 c.397 §13; repealed by 1965 c.586 §34] 258.445 [1965 c.139 §7; 1979 c.190 §34; renumbered 246.610] 258.450 [1953 c.397 §14; 1957 c.608 §216; repealed by 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 1965 c.586 §34] 258.510 [1953 c.397 §17; 1957 c.608 §218; repealed by 1965 c.586 §34] 258.520 [1953 c.397 §18; repealed by 1965 c.586 §34] 258.530 [1953 c.397 §19; repealed by 1965 c.586 §34] 258.540 [1953 c.397 §20; repealed by 1965 c.586 §34] 258.550 [1953 c.397 §16; 1957 c.608 §219; repealed by 1965 c.586 §34] 258.560 [1953 c.397 §21; 1957 c.608 §220; repealed by 1965 c.586 §34] 258.570 [1953 c.397 §36; repealed by 1965 c.586 §34] 258.610 [1953 c.397 §22; repealed by 1965 c.586 §34] 258.620 [1953 c.397 §23; 1957 c.608 §221; repealed by 1965 c.586 §34] 258.630 [1953 c.397 §25; repealed by 1965 c.586 §34] 258.640 [1953 c.397 §24; repealed by 1965 c.586 §34] 258.650 [1953 c.397 §26; 1957 c.608 §222; repealed by 1965 c.586 §34] 258.660 [1953 c.397 §27; 1957 c.608 §223; repealed by 1965 c.586 §34] 258.670 [1953 c.397 §28; 1957 c.608 §224; repealed by 1965 c.586 §34] 258.680 [1953 c.397 §29; repealed by 1965 c.586 §34] 258.710 [1963 c.530 §1; repealed by 1965 c.586 §34] 258.720 [1963 c.530 §2; repealed by 1965 c.586 §34] 258.730 [1963 c.530 §3; repealed by 1965 c.586 §34] 258.740 [1963 c.530 §§4,8,26; repealed by 1965 c.586 §34] 258.750 [1963 c.530 §28; repealed by 1965 c.586 §34] 258.760 [1963 c.530 §32; repealed by 1965 c.586 §34] 258.770 [1963 c.530 §5; repealed by 1965 c.586 §34] 258.780 [1963 c.530 §6; repealed by 1965 c.586 §34] 258.790 [1963 c.530 §§7,15; repealed by 1965 c.586 §34] 258.800 [1963 c.530 §9; repealed by 1965 c.586 §34] 258.820 [1963 c.530 §10; repealed by 1965 c.586 §34] 258.830 [1963 c.530 §11; repealed by 1965 c.586 §34] 258.840 [1963 c.530 §§12,18; repealed by 1965 c.586 §34] 258.850 [1963 c.530 §19; repealed by 1965 c.586 §34] 258.860 [1963 c.530 §17; repealed by 1965 c.586 §34] 258.870 [1963 c.530 §13; repealed by 1965 c.586 §34] 258.880 [1963 c.530 §14; repealed by 1965 c.586 §34] 258.890 [1963 c.530 §16; repealed by 1965 c.586 §34] 258.910 [1963 c.530 §§20,22; repealed by 1965 c.586 §34] 258.920 [1963 c.530 §21; repealed by 1965 c.586 §34] 258.930 [1963 c.530 §23; repealed by 1965 c.586 §34] 258.940 [1963 c.530 §24; repealed by 1965 c.586 §34] 258.950 [1963 c.530 §25; repealed by 1965 c.586 §34] 258.960 [1963 c.530 §27; repealed by 1965 c.586 §34] 258.970 [1963 c.530 §§29,30,31; repealed by 1965 c.586 §34] 258.990 [1953 c.397 §39; repealed by 1965 c.586 §34] 258.995 [1965 c.586 §33; repealed by 1979 c.190 §431] Title 23 Page 140 (2007 Edition)
  • 143. Chapter 259 2007 EDITION Campaign Finance (Chapter 3, Oregon Laws 2007 (Ballot Measure 47 (2006)), is compiled as a note) Title 23 Page 141 (2007 Edition)
  • 144. ELECTIONS Title 23 Page 142 (2007 Edition)
  • 145. CAMPAIGN FINANCE Note: The Act that comprises chapter 3, Oregon Laws 2007 (Ballot Measure 47 (2006)), was proposed by initiative petition and was approved by the people at the regular general election on November 7, 2006. By proclamation of the Governor dated December 7, 2006, the Act was declared to have received an affirmative majority of the total number of votes cast thereon and to be in full force and effect as provided in section 1, Article IV, Oregon Constitution. However, on November 17, 2006, the Secretary of State interpreted section (9)(f) of the Act to mean that the Act is not currently en- forceable. At the time volume 6 of the 2007 Edition of the Oregon Revised Statutes was sent to the printer, the Secretary of State′s interpretation was the subject of litigation. Chapter 3, Oregon Laws 2007, is set forth be- low for the user′s convenience. Legislative Counsel has added line spacing but has not otherwise adjusted the format of the text that was proposed by initiative petition and approved by the people. Be It Enacted by the People of the State of Oregon, Chapter 259 of Oregon Revised Statutes is hereby amended by the addition of the following sections (re- ferred to therein as “this Act”): The purpose of this Act is to restore democracy in Oregon and reduce corruption and the appearance of corruption by limiting political campaign contributions and independent expenditures on candidate races and by increasing timely public disclosure of the sources of those contributions and expenditures. These limits and disclosure requirements are needed so that corporations, unions, and wealthy individuals do not exercise undue and disproportionate influence over the results of elec- tions and upon the policies and decisions of candidates and public officeholders. Consistent with the U.S. Con- stitution, this Act applies to campaigns for all public offices in Oregon, except federal offices. Oregon can make consistent progress in education, health care, economic development, living wage jobs, and natural resource issues, only by curtailing the power of private economic interests to unduly dominate our political process. We must restore fairness in poli- tical campaigns and achieve a government that repres- ents the views and needs of all Oregonians instead of allowing only a powerful few to call the tune by pro- viding funds to enable some candidates to overwhelm others. (1) Findings. The people, acting in their legislative capacity, find these facts: (a) The democratic process has not functioned properly in Oregon, due to the lack of reasonable limits on political campaign contributions and expenditures, including expenditures made independently of candi- dates, on races for state and local public office. Oregon is one of only five states in the United States with no limits on political campaign contributions. All of the prohibitions, limits, and reporting and disclosure re- quirements of this Act are reasonable and necessary to curb the undue influence of large contributions and ex- penditures. (b) Because Oregon candidates are now forced to treat campaign fundraising as an “arms race” to be won at all costs, they have become unduly beholden to large contributors and the special interests able to contribute large amounts for their campaigns. Contributions to candidates in contests for statewide public office and for the Oregon Legislature have increased from $4.2 million in 1996 to $27.9 million in 2002. Less than 4% of the contributions were in amounts of $50 or less, and 75% of the money came from only 1% of the contributors. (c) Large contributions distort the political process and impair democracy, with these adverse effects: (1) Corrupting public officials and causing them to take actions that benefit large contributors at the ex- pense of the public interest; (2) Causing public officials to grant special access and accord undue influence to large contributors; (3) Significantly impairing the opportunity for vot- ers to hear from candidates who do not accept large contributions and for those candidates to communicate with voters; and (4) Fostering the appearance of corruption and undermining the public′s faith in the integrity of elected officials and the political process. (d) Candidates engage in the money “arms race” due to their accurate perception that expenditures in- fluence the outcome of elections. In contests for the Oregon Senate, the candidate spending the most money 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- age of $195,000 each. In contests for the Oregon House of Representatives, the candidate spending the most money won 92% of the races in 2002 and 90% of the races in 2004. The five exceptions in 2002, including two incumbents, spent an average of $167,000 each. (e) Oregon candidates have become overly depend- ent upon large contributions from a very few donors. In the 2002 legislative races, over 98.5% of Oregon regis- tered voters made no contributions at all. In the pri- maries, 49% of the contributed money came from 3% of the donors in contributions averaging over $4,100 each. In the general election, 69% of the contributed money came from 6% of the donors in contributions averaging just under $6,700 each. For the primary and general election campaigns combined, only 3.6% of the funds came from those contributing $50 or less. (f) Candidate campaigns spent almost $15 million in the 2002 contest for Governor alone, easily surpass- ing the $2.4 million spent in 1998, the $6.9 million spent in 1994, and the $3.2 million spent in 1990. In 2002, each major party candidate spent over $4 million, and the average spent in the primaries by the four losing can- didates taken seriously by the press was $1.5 million. (g) Contributions are given also to obtain access to and the favor of whichever candidate is elected. In 2002, almost 40% of money contributed to the legislative leadership political committees came from donors who contributed to both the Republican leadership commit- tees and to the Democratic leadership committees. Nearly one-third of contributions to winning Oregon candidates after the close of the last reporting period in 2000 were first-time contributions from donors who had financially supported the losing candidate in the same race. (h) Contributions to and expenditures for candidate campaigns in excess of those allowed by this Act are considered to be large contributions and expenditures in Oregon. (i) Corporations have been granted state-conferred advantages for the purpose of economic gain and the amassing of wealth, including perpetual life, limited li- ability, and the issuance of securities. The use of cor- porate treasury funds for political purposes distorts the democratic process, threatens the integrity of the elec- tions process, and overwhelms the voices of ordinary citizens. Corporate spending on politics does not neces- sarily reflect public support for the political agenda of the corporation. Therefore, corporate use of treasury funds for political purposes should be restricted to the maximum extent allowed by the United States Consti- tution and the Oregon Constitution. (j) Examples of the undue influence exercised due to large campaign contributions include: Title 23 Page 143 (2007 Edition)
  • 146. ELECTIONS (1) In 2004, the Oregon Lottery Commission disre- garded its own study (showing that Canadian provinces pay video poker outlets commissions of 15% of the money taken in, instead of the 32% paid in Oregon) and continued to allow video poker parlors in Oregon to keep an extra $85 million per year that should be going to schools. The Commission answers to the Governor and the Legislature, and the Oregon Restaurant Associ- ation, whose clients were on the receiving end of the extra $85 million, contributed over $1.2 million to their candidacies in the last 3 elections. (2) Enron Corporation took over PGE in 1997 and in 2001 got from the Oregon Public Utility Commission (OPUC) the largest electricity rate increase in Oregon history - over $400 million per year. The OPUC also refuses to make PGE pay back any of the more than $700 million PGE has charged Oregon ratepayers since 1997 for “federal and state income taxes” that in fact neither Enron nor PGE has ever paid. The OPUC an- swers to the Governor and the Legislature, and PGE/Enron has contributed almost $400,000 to candi- dates for the Oregon Legislature and both major poli- tical parties. (k) Even if corporate contributions and expendi- tures were prohibited, corporations could channel poli- tical spending through individuals (in the form of large salaries, bonuses, or other compensation or gifts) and thereby continue to exercise undue influence over can- didates and public officeholders, who would be aware of the sources of the funds. (l) Allowing unlimited individual contributions ac- cords undue influence to wealthy individuals, regardless of their sources of wealth, who can use that influence to obtain access to public officeholders and benefits from government not available to others. In the 2002 contest for Governor, one individual contributed $415,000 to the Republican candidate and another $125,000 to the Oregon Republican Party. The same candidate received another $200,000 from an individual and another $150,000 from another individual, with $100,000 more from that contributor′s son. Each of these individual contributors were executive officers of cor- porations. (m) Even if all other contributions were prohibited or limited, large contributions by candidates to their own campaigns would also have the adverse effects noted above, because it would allow candidates with personal wealth to overwhelm the efforts of other can- didates and compel those candidates to become beholden to large contributors and special interests in order to compete. Statewide campaigns in Oregon governed by the federal contribution limits have been dominated by candidate personal wealth. In 1996, for example, the winning candidate for an Oregon seat in the U.S. Sen- ate, Gordon Smith, spent over $2 million of his personal wealth, defeating Tom Bruggere, who spent $1 million of his personal wealth. (1) Regardless of the source of wealth, allowing unlimited use of personal funds undermines the goal of robust public debate by discouraging non-wealthy can- didates from competing for office, thereby depriving voters of the opportunity to support candidates reflect- ing a full range of views and experiences. (2) Candidates should be banned from loaning money to their own campaigns, because solicitations of campaign funds to repay the loans would result in di- rect financial gain for the candidates. (n) Contribution limits can also be circumvented when adults use minors to make additional contrib- utions. It is thus necessary to further limit campaign contributions and expenditures by persons under 16 years of age and to prohibit them by persons under 12 years of age, as such contributions and expenditures are very likely to be dictated by adults as a means of cir- cumventing the limits. (o) Candidates should not be allowed to carry over campaign funds from one election cycle to another, be- cause the accumulation of such “war chests” distorts and corrupts the election process by deterring other candidates from competing for public office and thereby unfairly entrenching incumbents in future elections. One example: In 2002, incumbent members of the Oregon Legislature entered their races with over $785,000 in funds carried over from previous campaigns. Every in- cumbent Senator running for re-election won, as did every incumbent member of the House of Represen- tatives, except one who switched parties in 2001. Fur- ther, the carried over funds do not necessarily reflect the current views of the contributors on the merits of the candidates in the later race. (p) Reasonable limits on contributions to political committees and to political parties are also necessary to avoid the adverse effects of large contributions noted above and to ensure that contributors cannot evade the limits on contributions to candidate committees by making unlimited contributions to political committees and political parties that support or oppose their can- didates. (q) Contributions from individuals of fifty dollars ($50) or less to small donor committees pose little or no risk of corruption, because contributions to these com- mittees will reflect public support for the committee′s political positions and will not enable the contributors to exercise undue influence over elected officials or over the results of elections. (r) In 1994, voters in Oregon approved a statutory ballot measure, Measure 9, establishing contribution limits similar to those in this Act, by an affirmative vote of 72 percent. The Oregon Supreme Court in 1997 found that those limits were not permitted under the Oregon Constitution. This Act shall take effect at a time when the Oregon Constitution does allow the limitations contained in this Act. (s) When the Measure 9 limits were in effect during the 1996 election cycle, candidates were able to amass sufficient funds to campaign effectively and have their voices rise to the level of public notice, using the con- tributions allowed by Measure 9. A more recent example shows that the contribution limits in this Act will allow effective campaigns. In 2004, Tom Potter won the election for Mayor of Portland, in a race involving over 350,000 registered voters, while limiting his campaign to contributions from individuals not exceeding $25 per individual in the primary and $100 per individual in the general election campaign. The reasonable limits in this Act will increase competition for public office, foster a greater robustness of political debate in Oregon, and alleviate the adverse effects noted above. (t) Limiting contributions will encourage candi- dates to spend more time in direct contact with voters in their districts and less time raising funds from large contributors, thus improving their understanding of public needs and policy solutions. (u) So-called “independent expenditures” supporting or opposing one or more candidates must also be regu- lated and disclosed, in order to avoid circumvention of the limits on political contributions. In 2004, for exam- ple, these “independent expenditures” supporting or op- posing federal candidates amounted to more than $500 million and provided conduits for corporations, unions, and wealthy individuals to circumvent limits on con- tributions to candidates for federal office. (v) When campaign contribution limits were in place in Oregon′s 1996 election cycle, “independent ex- penditures” increased from a negligible level to over $1.85 million, as large donors evaded the contribution limits by funding non-candidate organizations that con- ducted express advocacy and electioneering campaigns to support or oppose candidates. These large expendi- tures corrupt the political process in the same manner as large contributions, with the same adverse effects Title 23 Page 144 (2007 Edition)
  • 147. CAMPAIGN FINANCE noted above, because (1) candidates and elected officials are aware of the sources of the “independent expendi- tures” supporting or opposing their candidacies and (2) such expenditures allow the sources to exercise undue influence over the outcome of elections. These influ- ences are even more severe than in the case of direct, publicly-reported contributions to a candidate campaign, because the connections between the candidate and those funding “independent expenditure” campaigns are known to the candidate but far less apparent to the public. Further, the candidate can publicly disavow the independent expenditures, which nevertheless remain effective in influencing voters and in helping the can- didate. (w) The effective exercise of the right to vote re- quires timely access to understandable information about contributions and expenditures to influence the outcome of elections. Therefore, this Act requires: (1) More effective reporting of campaign contrib- utions and expenditures, including so-called “independ- ent expenditure” campaigns, which is particularly necessary in light of Oregon′s distribution of vote-by- mail ballots weeks prior to election day; and (2) Effective and prompt disclosure of the identities of large donors in communications to voters by inde- pendent expenditure campaigns (including the busi- nesses of those donors). (x) As all levels of government in the United States are adopting more controls on political campaign con- tributions and expenditures, the courts are issuing many new decisions on whether the variety of new controls are consistent with the United States Constitution. Drafting and enacting a ballot measure, and completing judicial review of its provisions through all levels of the courts, takes a minimum of several years. If any specific limitation or threshold or time period or age limit in this Act is ultimately found to conflict with the United States Constitution or with the Oregon Constitution, the public interest will best be served by (1) swiftly adjust- ing the conflicting provision so that the conflict is re- moved or, if that is not possible, then (2) severing the conflicting provision so that the remainder of this Act remains fully in effect. (y) Under the limits in this Act, the people of Ore- gon will have ample opportunities to express their opinions and level of support for or opposition to can- didates; to form and fund effective organizations to ex- press political views; and to enjoy the freedoms of speech and association. (2) Definitions. Except for the definitions provided in this section, the definitions in Chapter 260 of Oregon Revised Stat- utes shall apply to this Act. (a) “Business entity” means any corporation, part- nership, limited liability company, proprietorship, or other form of business organization which creates an entity which is legally separate from individuals. (b) “Campaign” means any communication to vot- ers for the purpose of influencing the outcome of any contest. (c) “Candidate” shall have the meaning provided in Chapter 260, except that it includes a public office holder against whom a prospective recall petition has been filed and has not expired pursuant to ORS 249.875. (d) “Candidate committee” means any entity or any combination of individuals and/or entities, that receives a contribution or makes an expenditure under the au- thority of a candidate. Every candidate committee shall register with the Secretary of State prior to receiving a contribution or making an expenditure. A candidate shall control only one candidate committee. (e) “Candidate contribution” means any contrib- ution made to support or oppose the nomination or election of any candidate or candidates. (f) “Candidate survey” means a publication show- ing the positions of all candidates for a public office on selected bills, proposals, or issues; provided, that: (1) The sponsor timely provides the survey ques- tionnaire and a reasonable time for responding to all candidates for the office; and (2) The publication consists of the questions posed and the responses of all responding candidates and may include descriptions of the bills or proposals and the positions thereon of the organization publishing the survey. (g) “Cash” means currency and any other means of payment that does not identify the payor on the written or electronic instrument of payment. (h) “Contest” means any electoral contest among one or more candidates for a non-federal public office. (i) Contributions and Expenditures. (1) “Contribution” or “contribute” includes: (A) The payment, loan, gift, forgiving of indebted- ness, or furnishing without equivalent compensation or consideration, of money, services, supplies, equipment or any other thing of value to or on behalf of, or for reducing the debt of, a candidate, candidate committee, political committee, or political party; and (B) Any unfulfilled pledge, subscription, agreement or promise, whether or not legally enforceable, to make a contribution. (2) “Expenditure” or “expend” includes: (A) The payment or furnishing to anyone of money or any thing of value in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, or the incurring or repay- ment of indebtedness or obligation, including the cre- ation of an account payable: 1) For the purpose of influencing the outcome of any contest; or 2) By or on behalf of, or for reducing the debt of, a candidate, candidate committee, political committee, political party, or independent expenditure campaign; and (B) Any unfulfilled pledge, subscription, agreement or promise, whether or not legally enforceable, to make an expenditure. (3) Any expenditure of personal funds by a candi- date to influence the outcome of the candidate′s contest constitutes both a contribution to the candidate com- mittee and an expenditure by the candidate committee. (4) “Contribution” and “Expenditure” do not in- clude: (A) Volunteer personal services (including those of the candidate) for which no compensation is asked or given, including unreimbursed travel expenses inci- dental thereto; (B) Any bona fide news story, commentary or edi- torial distributed through the facilities of any media organization, including any television or radio station, newspaper, magazine or other regularly published peri- odical; provided, that the media organization: 1) Is not paid by any individual or entity for dis- tributing the news story, commentary or editorial, apart from normal advertisers; 2) Is not owned or controlled by one or more can- didates, political committees, or political parties; and 3) Does not distribute the news story, commentary, or editorial to voters by unsolicited mailings or other means of distribution not sought by the recipient, in- cluding any paid advertisement in any other medium. Title 23 Page 145 (2007 Edition)
  • 148. ELECTIONS (C) Nonpartisan activity solely to encourage indi- viduals to vote or to register to vote, without expressing a preference regarding the outcome of any election; (D) Communication to its members, and not to the public, by a membership organization not organized primarily for the purpose of influencing the outcome of contests, including communication of an officeholder scorecard or candidate survey; or (E) Production of an officeholder scorecard or candidate survey and its distribution by paper or elec- tronic copies (but not by paid advertising on television or radio) at a cost of less than twenty thousand dollars ($20,000) for distribution to the public. (F) Funds provided to candidate committees by en- tities of government pursuant to a system of public funding. (j) “Coordinated Expenditure” means an expendi- ture coordinated with a candidate, candidate committee, political committee, or political party (hereinafter “co- ordinated entity”), including: (1) An expenditure made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, the coordinated entity or its agent; (2) An expenditure for the production, dissem- ination, distribution, or publication of any broadcast or any written, graphic, or other form of political adver- tising or campaign communication prepared by or for the coordinated entity or its agent; (3) An expenditure based on information, provided to the expender by the coordinated entity or its agent, about the coordinated entity′s plans, projects, or needs; or (4) An expenditure by a person who, in the election cycle during which the expenditure is made: (A) Has served as a member, employee, fundraiser, agent, or advisor to the coordinated entity; or (B) Has received any form of compensation or re- imbursement from the coordinated entity or its agent; (C) Has retained the professional services of any person who has provided campaign-related services to the coordinated entity. (k) “Dominant contributor” means any individual or entity which contributes more than five hundred dollars ($500) during an election period to any candidate committee, political committee, political party, or inde- pendent expenditure campaign. (l) “Election cycle” means the period of time be- tween one biennial general election and the next bien- nial general election, including any primary or other preliminary elections to select candidates. For any con- test which does not occur at a biennial general election, “election cycle” means the period of time between an election at which a candidate is elected and the next election for that same office, disregarding any inter- vening primary or nominating election, any recall election, and any special election called to fill vacan- cies. (m) “Election period” means: (1) The period beginning the day after a biennial general election and ending on the day of the next bi- ennial primary election; and (2) The period beginning the day after a biennial primary election and ending on the day of the next bi- ennial general election; and (3) For any recall election: (A) The period beginning the day that the prospec- tive recall petition is approved for circulation and end- ing on the day that the completed recall petition is filed; and (B) The period beginning the day that the recall election is called or declared and ending on the day of the recall election. (4) For any special election called to fill a vacancy, the period beginning the day that the election is called or declared and ending on the day of the election. (n) “Electioneering communication” means any communication (other than a tax-exempt informational communication) which: (1) Is distributed within thirty (30) days before regular ballots are distributed to voters in a primary election or sixty (60) days before regular ballots are distributed to voters in a general election or any other election at which a public office is filled; (2) Unambiguously refers to a candidate running in that election or to a political party with at least one candidate running in that election; (3) Is distributed so as to include voters who are eligible to vote for the candidate or for one or more of the candidates of the political party referenced in sub- section (2) above; (4) Is distributed by means of payment to any communication medium, including television, radio, magazine, newspaper, outdoor advertising, direct mail, door-to-door delivery, or any other medium that receives actual or promised payment from the sponsor in excess of one thousand dollars ($1,000) for distributing one or more such communications; and (5) Either: (A) Includes the candidate′s image; or (B) Refers to the candidate′s prior or current posi- tion on a public policy issue (including votes, state- ments, or actions), or the position of the political party of the candidate, when such position has been raised in any public communication as distinguishing the candi- date from others in the campaign; or (C) Refers to the candidate′s personal history or activities, when such subjects have been raised in any public communication distinguishing the candidate from others in the campaign; or (D) Promotes or supports a candidate or political party or attacks or opposes a candidate or political party. (o) “Entity” means a corporation, limited liability company, labor organization, association, firm, partner- ship, joint stock company, club, organization or other combination of individuals and/or organization which has collective capacity. (p) “Express advocacy communication” means any communication to voters expressly advocating the election or defeat of one or more clearly identified can- didates, including but not limited to expressions such as “vote for,” “vote against,” “elect,” “re-elect,” “retain,” “return,” “choose,” “defeat,” “reject,” “send home,” “support,” “oppose,” “should be in office,” “should not be in office,” or “deserves your vote.” (q) “Independent expenditure” means an expendi- ture, by an individual or entity other than a candidate committee, on express advocacy communication or electioneering communication that is not a “coordinated expenditure” as defined in this Section (2). (r) “Independent expenditure campaign” means the use of independent expenditures to engage in express advocacy communication or electioneering communica- tion. (s) “Individual” means a citizen or resident alien of the United States entitled to vote in federal elections; however, when this Act expresses a limitation or prohi- bition, “individual” means any human being. (t) “Measure committee” means any entity, or any combination of individuals and/or entities, that receives a contribution or makes an expenditure in excess of two Title 23 Page 146 (2007 Edition)
  • 149. CAMPAIGN FINANCE hundred dollars ($200) in any calendar year to support or oppose a ballot measure. A measure committee shall make no contributions or expenditures supporting or opposing any candidate for public office. (u) “Membership organization” means a nonprofit organization having individual members who have paid dues to join or maintain membership in the organiza- tion. (1) It can be incorporated or unincorporated but cannot be formed or operated for the purpose of com- mercial enterprise. (2) It can transfer to one and only one small donor committee not more than forty percent of the dues paid by each individual member of the organization, with a limit of fifty dollars ($50) transferred per individual member per calendar year, with such transfers treated as having been contributed by each individual dues- paying member (3) It shall within thirty (30) days of such transfer notify each dues-paying member of the amount or per- centage of dues transferred. Such notice may be pro- vided by regular mail or electronic mail to each affected member or by posting the information on an Internet site. If the amount or percentage of dues transferred is the same for each member or category of members, the posting may state that amount or percentage and need not identify any member. (v) “Officeholder scorecard” means a publication showing the votes on selected bills or proposals of all of the members of a government body that takes re- corded votes. It can include descriptions of the bills or proposals and the positions thereon of the organization publishing the scorecard. It must include the votes of all of the members of the government body on these bills or proposals. (w) “Political committee” means any entity or any combination of individuals and/or entities, that in any calendar year receives a contribution in excess of two hundred dollars ($200) or makes an expenditure in ex- cess of one thousand dollars ($1,000) to support or op- pose one or more candidates and/or political parties. (1) It does not include a candidate committee or any committee which does not support or oppose one or more candidates or political parties, such as a measure committee or committee seeking to place a measure on the ballot (other than a recall measure). (2) The following shall be treated as a single poli- tical committee: All political committees (except small donor committees) established, financed, maintained, or controlled by: (A) For corporations: the same corporation (in- cluding all corporate affiliates and subsidiaries) or substantially the same group of corporations; (B) For unions: the same labor organization unit, at any level, if the unit has authority to make an inde- pendent decision as to which candidates to support or oppose; or (C) For others, substantially the same group of in- dividuals or entities or combinations thereof. (x) “Political nonprofit organization” means a nonprofit corporation or association which: (1) Was formed for the express purpose of promot- ing political ideas; (2) Was not formed by one or more business enti- ties or labor unions; (3) Cannot engage in business activities except those incidental to its political purpose, such as the sale of campaign buttons; (4) Has no shareholders or other individuals or entities affiliated so as to have a claim on its assets or income; (5) Cannot serve as a conduit for contributions or expenditures by corporations, other business entities or labor unions. (6) Has not, directly or indirectly, accepted any donation of money or any thing of value (including discounts on products or services) from any corporation, other business entity, or labor union. (7) Has not received any payment for providing products or services to corporations, other business en- tities, or labor unions. (y) “Political party” means an assembly of electors qualified by law to nominate candidates for election to public office in Oregon. A political party or subdivision thereof shall make its contributions and expenditures by means of a political party finance committee. (z) “Political party finance committee” means a political committee maintained by an Oregon political party or subdivision thereof. (aa) “Prominently disclose” means that the com- munication states the following information about the dominant contributor or the self-funded candidate on all communications other than small campaign items: name, primary businesses engaged in, and total contributions and expenditures for the campaign at issue since the most recent biennial general election, with such state- ment: (1) Current to within ten (10) days of the printing of printed material or within five (5) days of the trans- mitting of a video or audio communication; and (2) Comprehensible to a person with average read- ing, vision, and hearing abilities, with any printed dis- closure appearing in type not smaller than 8 points, any video disclosure remaining readable on the regular screen (not closed captioning) for a sufficient time to be read by a person with average vision and reading ability, and with any auditory disclosure spoken at a maximum rate of five words per second. (ab) “Public office” means any state, county, dis- trict, city, or other non-federal governmental office or position that is filled by the votes of electors, not in- cluding any political party office. (ac) “Small campaign items” means: (1) Small items worn or carried by individuals, such as buttons, pins, stickers, bracelets, and pens; (2) Signs smaller than 6 square feet; (3) Any communication where the required promi- nent disclosure would violate any federal law or regu- lation; or (4) A distribution of one hundred (100) or fewer substantially similar pieces of literature. (ad) “Small donor committee” means a political committee established to accept only contributions from individuals and which cannot accept such contributions in amounts exceeding fifty dollars ($50) per individual per calendar year. The following shall be treated as a single small donor committee: All small donor commit- tees established, financed, maintained, or controlled by: (A) For corporations: the same corporation (in- cluding all corporate affiliates and subsidiaries) or substantially the same group of corporations; (B) For unions: the same labor organization unit, at any level, if the unit has authority to make an inde- pendent decision as to which candidates to support or oppose; or (C) For others, substantially the same group of in- dividuals or entities or combinations thereof. (ae) “Tax-exempt informational communication” is a communication that would otherwise be an electioneering communication but which is undertaken by an organization which: (1) Has received a determination letter from the Internal Revenue Service, designating it exempt from Title 23 Page 147 (2007 Edition)
  • 150. ELECTIONS taxation under Internal Revenue Service Code § 501(c)(3), and which has maintained such status; (2) Does not “participate in, or intervene in (in- cluding the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office,” as prohibited by In- ternal Revenue Service Code § 501(c)(3); and (3) Spends less than twenty thousand dollars ($20,000) in any calendar year to distribute such com- munications in Oregon. (3) Limits on Contributions relating to Candidates. (a) No corporation or labor union shall make any contribution to a candidate committee, political com- mittee, or political party. (b) No individual or entity shall make a contrib- ution to a candidate committee, political committee or political party, except as specifically allowed in this Act. (c) No candidate committee, political committee, political party, or other entity shall accept a contrib- ution or make a contribution, except from funds ob- tained from the sources and in accordance with the contribution limits set forth in this Act. (d) An individual may make only the following contributions: (1) During any election period, to candidate com- mittees, not more than: (A) Five hundred dollars ($500) to support or op- pose candidates contesting for any particular statewide public office; and (B) One hundred dollars ($100) to support or oppose candidates contesting for any other particular public office. (2) During any calendar year, not more than: (A) Fifty dollars ($50) to any small donor commit- tee; (B) Five hundred dollars ($500) to any other poli- tical committee; (C) Two thousand dollars ($2,000) in the aggregate to a political party, including all subdivisions thereof; and (D) Two thousand five hundred dollars ($2,500) in the aggregate to all candidate committees, political committees (including small donor committees), political parties, and political nonprofit organizations. (e) A political committee (other than a small donor committee or a political party finance committee) may make only the following contributions: (1) During any election period, to candidate com- mittees, not more than: (A) Two thousand dollars ($2,000) to support or oppose candidates contesting for any particular state- wide public office; (B) Four hundred dollars ($400) to support or op- pose candidates contesting for any other particular public office. (2) During any calendar year, not more than two thousand dollars ($2,000) in the aggregate to a political party, including all subdivisions thereof. (f) A small donor committee may contribute to candidate committees, political committees, and political parties any amounts contributed to the small donor committee by individuals in amounts not exceeding $50 per individual per year. (g) A political party finance committee may con- tribute, during any election period, to candidate com- mittees, not more than: (1) Fifty thousand dollars ($50,000) to support or oppose candidates contesting for any particular state- wide public office; (2) Ten thousand dollars ($10,000) to support or oppose candidates contesting for any other particular public office. (h) A contribution to a candidate shall be deemed a contribution to the candidate′s candidate committee. (i) No individual under sixteen (16) years of age shall make: (1) A contribution in excess of fifty dollars ($50) per election period to any candidate committee, political committee, or political party; or (2) Aggregate contributions per election period in excess of five hundred dollars ($500). (j) No individual under twelve (12) years of age shall make any contributions. (4) Candidate Personal Contributions and Expendi- tures. (a) A candidate may contribute to the candidate′s own committee during any election period not more than: (1) Fifty thousand dollars ($50,000), if a candidate for any statewide public office; or (2) Ten thousand dollars ($10,000), if a candidate for any other public office; and (3) An additional fifty percent (50%) of these limits, if the candidate is not the incumbent for the public of- fice sought. (b) Once a candidate has contributed more than $5,000 in the aggregate to the candidate′s own commit- tee during any election cycle: (1) The candidate committee shall report to the appropriate filing officer pursuant to ORS Chapter 260, within three (3) business days of its receipt, every sub- sequent contribution by the candidate during the election cycle; and (2) Every paid communication by the candidate committee shall prominently disclose the amount that the candidate has contributed to the candidate′s com- mittee during the election cycle. (c) If for any reason the limits in Section (4)(a) are not in effect and a candidate contributes more than the otherwise applicable limit stated in Section (4)(a): (1) The filing officer who receives reports under Section (4)(b) shall immediately notify all other candi- dates for the same particular nomination or public of- fice; and (2) All limits on contributions to candidate com- mittees under Section (3)(d)-(g) shall be increased for all other candidates seeking the same particular nomi- nation or public office by the following factor: The amount contributed by the candidate to the candidate′s committee divided by the limit stated in Section (4)(a) for that candidate, but not less than a factor of two. (d) A candidate shall make no loans to the candi- date′s own committee. (e) If for any reason subsection (d) above is not in effect, then every loan by a candidate to the candidate′s own committee outstanding at the close of the election period shall be considered a contribution and shall not be repaid from committee funds. (f) All expenditures by a candidate regarding his or her candidacy shall be deemed a contribution to the candidate′s committee. (5) Expenditures by or Coordinated with Candi- dates, Political Committees, or Political Parties. (a) No candidate committee, political committee, or political party shall expend funds to support or oppose Title 23 Page 148 (2007 Edition)
  • 151. CAMPAIGN FINANCE a candidate, except those collected from the sources and in accordance with the contribution limits set forth in Section (3) of this Act. (b) A coordinated expenditure shall constitute both (1) a contribution to the relevant coordinated entity by the maker of the expenditure and (2) an expenditure by the relevant coordinated entity. (c) A candidate or political party may seek a de- termination that an expenditure is a coordinated ex- penditure benefitting an opposing candidate or political party by filing a petition with the Circuit Court of the county in which either candidate resides or in which the expenditure was made. The court shall schedule the pe- tition for hearing not later than the third business day after its filing and service upon the benefitting candi- date or party. The courts shall accord such petitions, and appeals therefrom, precedence on their dockets. (6) Independent Expenditures regarding Candidates. (a) No corporation or labor union shall make an independent expenditure to support or oppose any can- didate or political party. (b) No individual or entity shall make an inde- pendent expenditure to support or oppose any candidate or political party, except as specifically allowed in this Act . (c) An individual in any calendar year shall make no independent expenditures in excess of : (1) Ten thousand dollars ($10,000) in the aggregate; and (2) An additional amount not greater than twenty percent (20%) of the amount of candidate personal con- tributions reported by another candidate for the same public office pursuant to Section (4)(b)(1) of this Act. (d) No individual under sixteen (16) years of age in any calendar year shall make independent expenditures in excess five hundred dollars ($500), and no individual under twelve (12) years of age shall make any inde- pendent expenditures. (e) Political committees (including small donor committees) and political parties may make independent expenditures from amounts received in compliance with the contribution limits of Section (3)(d) of this Act. (f) A political nonprofit organization may make independent expenditures from its organizational treas- ury; provided, that: (1) It spends only funds contributed to the organ- ization by individuals in amounts that comply with the contribution limits applicable to a political committee; (2) It reports these expenditures in compliance with the disclosure requirements of Section (6)(g) and the reporting requirements of Section (6)(h). (g) Every communication funded by an independent expenditure campaign which has spent more than two thousand dollars ($2,000) since the most recent biennial general election shall prominently disclose all contribu- tors who have contributed amounts equal to or more than the fifth largest dominant contributor to the inde- pendent expenditure campaign. (h) In addition to the reporting requirements set forth in ORS Chapter 260, an individual or entity mak- ing independent expenditures during any election cycle in excess of the threshold amount stated in any subsec- tion below shall report to the appropriate filing officer under ORS Chapter 260 its independent expenditures and the sources of funding for those expenditures in the same manner and format as a political committee must report contributions and expenditures pursuant to ORS Chapter 260. The reports shall identify the candidate(s) each independent expenditure sought to support or op- pose. (1) An individual or entity making or obligating such expenditures in excess of two hundred dollars ($200) shall report to the appropriate filing officer on the same schedule applicable to a political committee under ORS Chapter 260. (2) An individual or entity making or obligating such expenditures in excess of one thousand dollars ($1,000) shall report to the appropriate filing officer within five (5) business days of making or obligating the independent expenditure which causes this threshold to be exceeded. Subsequent independent expenditures by the same individual or entity shall again be reported within five (5) business days after each time its unreported expenditures exceeds this threshold. (3) If the level of unreported independent expendi- tures exceeds one thousand dollars ($1,000) during the period within 45 days before an election, the individual or entity shall report to the appropriate filing officer not later than 5 p.m. on the next business day after the making or obligating of the independent expenditure which causes this threshold to be exceeded. (7) Separate Segregated Political Committee Funds. Nothing in this Act shall prohibit any corporation, other business entity, or labor union from establishing or administering a separate, segregated fund that oper- ates as a political committee; provided, that: (a) The fund consists solely of voluntary contrib- utions from the employees, officers, shareholders, or members of the organization within the limits estab- lished by Section (3) of this Act for contributions by individuals to a political committee; (b) The fund is registered as a political committee with the appropriate registrar in the State of Oregon and complies with all laws pertaining to such a com- mittee; (c) The corporation, other business entity, or labor union uses not more than five hundred dollars ($500) per year of treasury funds to create and administer the fund, with such expenditures reported as a specifically allowed contribution to the political committee; and (d) Any solicitation for contributions directed to employees of a corporation or other business entity states that there is no required contribution and that the employee′s response shall not affect the employee′s employment, shall not be provided to the employee′s supervisors or managers, and shall remain confidential to the extent allowed by law. (8) Reporting of Contributions and Expenditures. (a) The Secretary of State shall maintain a system of political campaign contributor handle registration. (1) Any individual or entity may apply for a han- dle, which shall consist of a simple, unique combination of letters and numbers for each registrant, such as the individual′s initials and a number. (2) The handle application shall identify: (A) An individual applicant by name, residence ad- dress, year of birth, occupation, and employer; or (B) An entity applicant by name, type of business entity, business address, business phone number, busi- ness Internet web address (if any), and all types of businesses engaged in. (3) Any individual who makes aggregate contrib- utions exceeding five hundred dollars ($500) in any election cycle shall obtain a handle and provide it to the recipient of any subsequent contribution by that individual. (4) Any individual or entity using a handle shall update the applicable information on file with the Sec- retary of State within thirty (30) days of any change to the information. (b) The Secretary of State shall accept campaign contribution and expenditure reports in a simple spreadsheet, database or web-based format that identi- Title 23 Page 149 (2007 Edition)
  • 152. ELECTIONS fies each contribution by date of contribution and ei- ther: (1) Name, residence address, year of birth, occupa- tion, and employer of the contributor, or (2) The contributor′s handle on file. Such formats shall not require separately calculated subtotals. (c) Within five (5) business days of receipt, the Secretary of State shall report and make available on the Internet in an interactive database format all con- tribution and expenditure reports and all handle regis- trations. The format shall enable the user to determine the sources and amounts of reported contributions: (1) For each candidate committee, political com- mittee, political party, and independent expenditure campaign; and (2) From each contributor who has contributed at least five hundred dollars ($500) during the election cy- cle. (9) Other Provisions. (a) No individual or entity shall make a contrib- ution or expenditure in any name other than that of the individual or entity which in truth provides the con- tribution. (b) No corporation or other entity or employer shall, directly or indirectly: (1) Require any employee or contractor to make any contribution or independent expenditure to support or oppose any candidate; or (2) Provide or promise any benefit or impose or threaten any detriment due to the fact that an employee or contractor did or did not make such contributions or expenditures. (c) Within sixty (60) days after the close of the election cycle for the office sought, the unexpended funds of a candidate committee at the close of the election cycle for the office sought shall revert to the State of Oregon to offset the cost of producing the Voters′ Pamphlet, except for those funds reasonably necessary to pay the obligations of the committee and to terminate its operations. A candidate elected to the Oregon Legislature may deposit not more than ten thousand dollars ($10,000) of the unexpended funds into the account maintained for legislative office expenses during the legislative session. (d) If, in the absence of this Section (9)(d), there would be entered in any court any order impairing the effectiveness of any provision of this Act on the ground that any of the numeric limits or thresholds, percentage limits or thresholds, time periods, or age limits specified in this Act conflict with the United States Constitution or Oregon Constitution, then we, the electors of Oregon, acting in our legislative capacity, hereby: (1) Increase the conflicting numeric limit or threshold by increments of one hundred dollars ($100) as many times as necessary to render it consistent with the constitution at issue; (2) Increase the conflicting percentage limit or threshold by increments of one percent as many times as necessary to render it consistent with the constitu- tion at issue; (3) Increase or decrease the conflicting time period by increments of one day as many times as necessary to render that time period consistent with the constitu- tion at issue; and (4) Decrease the conflicting age limit by increments of one year as many times as necessary to render it consistent with the constitution at issue; A prohibition shall be considered a numeric limit of zero. (e) If, in the absence of this Section (9)(e), there would be entered in any court any order impairing the effectiveness of any part of this Act on the ground that the United States Constitution or Oregon Constitution requires that any type of individual or entity be wholly or partially exempt from any of the prohibitions or limitations in this Act, then we, the electors of Oregon, acting in our legislative capacity, hereby declare that the provisions of this Act shall be given a narrowing interpretation so as to avoid invalidation of any pro- vision of this Act and to preserve its effectiveness to the maximum degree consistent with the constitutions. (f) If, on the effective date of this Act, the Oregon Constitution does not allow limitations on political campaign contributions or expenditures, this Act shall nevertheless be codified and shall become effective at the time that the Oregon Constitution is found to allow, or is amended to allow, such limitations. (10) Enforcement provisions. (a) The provisions of this Act shall be administered and enforced by the Secretary of State and the Attorney General. (b) Each violation of any provision in this Act shall be punishable by imposition of a civil fine which is not less than five times, nor more than twenty times, the amount of the unlawful contribution or expenditure. (c) Any person subjected to a violation of Section (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- olation, recover a civil penalty of not less than $50,000 per incident of violation. (d) Any person may file a written complaint of a violation of any of the provisions of this Act with the Secretary of State, who shall immediately refer the complaint to an administrative law judge. The adminis- trative law judge shall hold a hearing on the complaint within fifteen (15) days and shall render a final decision within fifteen (15) days of the hearing. The decision shall include any appropriate order, sanction, or relief authorized by statute. Upon motion, the complainant or defendant shall be granted extensions of up to thirty (30) days or longer upon showing of good cause. The decision of the administrative law judge shall be final and subject to review by the Court of Appeals as an agency decision in a contested case. The decision shall be enforced by the Secretary of State or the Attorney General. If neither of them enforces the decision within thirty (30) days of the decision becoming final, the complainant may bring a civil action in a representative capacity for the collection of the applicable civil pen- alty, payable to the State of Oregon. (11) Supersession and Severability. The provisions of this Act shall supersede any provision of law with which they may conflict. For the purpose of determining constitutionality, every section, subsec- tion, and subdivision thereof of this Act, at any level of subdivision, shall be evaluated separately. If any section, subsection or subdivision at any level is held invalid, the remaining sections, subsections and subdi- visions shall not be affected and shall remain in full force and effect. The courts shall sever those sections, subsections, and subdivisions necessary to render this Act consistent with the United States Constitution and with the Oregon Constitution. Each section, subsection, and subdivision thereof, at any level of subdivision, shall be considered severable, individually or in any combination. [2007 c.3] 259.005 [1973 c.796 §2; repealed by 1979 c.190 §431] 259.010 [1971 c.647 §1; 1973 c.796 §3; 1977 c.301 §6; 1979 c.190 §280; renumbered 255.005] 259.020 [1971 c.647 §2; 1973 c.796 §4; 1975 c.286 §13; 1975 c.598 §1; 1975 c.782 §§50,50a; 1979 c.108 §6; 1979 c.190 §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] 259.035 [1975 c.647 §13; 1979 c.190 §286; renumbered 255.055] 259.040 [1971 c.647 §25; 1977 c.516 §7; 1979 c.190 §283; 1979 c.533 §4; renumbered 255.022] 259.045 [1977 c.516 §6; 1979 c.190 §303; renumbered 255.265] 259.050 [1971 c.647 §§18,19,20; 1975 c.647 §2; repealed by c.190 §431] 259.060 [1971 c.647 §4; 1979 c.190 §307; repealed by 1979 c.519 §38] 259.070 [1971 c.647 §6; 1974 c.45 §6; 1977 c.829 §19; 1979 c.190 §301; renumbered 255.035] 259.075 [1977 c.829 §2; 1979 c.190 §302; renumbered 255.245] 259.080 [1971 c.647 §5; 1975 c.647 §3; 1977 c.301 §6a; 1979 c.190 §287; renumbered 255.075] 259.090 [1971 c.647 §7; 1975 c.647 §4; 1977 c.301 §7; 1979 c.190 §288; renumbered 255.085] 259.100 [1971 c.647 §8; 1975 c.647 §5; 1977 c.301 §8; 1979 c.190 §289; 1979 c.519 §30; renumbered 255.095] 259.110 [1971 c.647 §9; 1977 c.301 §9; 1979 c.190 §300; renumbered 255.215] 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- bered 255.285] 259.130 [1971 c.647 §11; 1979 c.317 §21; repealed by 1979 c.190 §431] 259.140 [1971 c.647 §12; 1979 c.317 §22; repealed by 1979 c.190 §431] 259.150 [1971 c.647 §13; 1975 c.647 §6; 1979 c.317 §23a; 1979 c.519 §31; repealed by 1979 c.190 §431] 259.160 [1971 c.647 §21; 1979 c.190 §284; renumbered 255.035] 259.170 [1971 c.647 §22; 1973 c.796 §9; repealed by 1977 c.301 §15] 259.180 [1971 c.647 §14; 1975 c.647 §7; repealed by 1979 c.190 §431] 259.190 [1971 c.647 §15; repealed by 1979 c.190 §431] 259.200 [1971 c.647 §16; 1975 c.647 §8; 1977 c.301 §11; 1979 c.190 §308; 1979 c.317 §24c; 1979 c.519 §32a; renum- bered 255.295] 259.210 [1971 c.647 §17; repealed by 1979 c.190 §431] 259.220 [1971 c.647 §23; 1979 c.190 §304; 1979 c.317 §25a; renumbered 255.275] 259.230 [1971 c.647 §148; 1975 c.647 §9; 1979 c.190 §309; 1979 c.519 §33a; renumbered 255.305] 259.235 [1977 c.103 §4; 1979 c.190 §310; renumbered 255.325] 259.240 [1973 c.796 §5; 1974 c.45 §1; 1975 c.647 §10; 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] 259.250 [1973 c.796 §6; 1974 c.45 §2; repealed by 1977 c.829 §23] 259.260 [1973 c.796 §7; 1974 c.45 §3; 1975 c.647 §11; 1977 c.254 §2; 1977 c.301 §13a; 1979 c.190 §312; 1979 c.316 §5; renumbered 255.345] 259.265 [1977 c.254 §2; 1979 c.190 §313; renumbered 255.355] Title 23 Page 151 (2007 Edition)
  • 154. ELECTIONS Title 23 Page 152 (2007 Edition)
  • 155. Chapter 260 2007 EDITION Campaign Finance Regulation; Election Offenses ELECTION CAMPAIGN FINANCE REGULATION (Generally) 260.005 Definitions 260.007 Exclusions from definitions of “contrib- ution” and “expenditure” (Treasurers, Statements of Organization and Accounts) 260.035 Treasurer and statement of organization for political committees; change in infor- mation 260.037 Treasurers for candidates; appointment; liability of candidate for default or vio- lation 260.038 Treasurer of more than one candidate or committee; replacement of treasurer 260.039 Statement of organization of candidate or principal campaign committee 260.041 Principal campaign committee 260.042 Statement of organization of political committee 260.043 Exemptions for candidate who expects neither contributions nor expenditures to exceed $300 260.044 Statement of independent expenditures; when person considered political commit- tee or principal campaign committee 260.045 Contributions received from out-of-state political committees; request for state- ment or affidavit 260.046 Discontinuance of statement of organiza- tion; rules 260.049 Reports to be filed by certain corpo- rations; rules 260.052 Political committee identification number 260.054 Campaign account 260.055 Accounts of contributions and expendi- tures; inspection; preservation of ac- counts 260.056 Written loan agreements (Statements of Contributions and Expenditures) 260.057 Electronic campaign finance filing system; schedule for filing; Internet availability; exclusions; rules 260.076 Statements of contributions received dur- ing session of Legislative Assembly 260.078 Reporting contributions and expenditures not previously reported 260.083 Contents of statements 260.085 Listing of occupation of contributor; pro- cedure when occupation is unknown 260.102 Statements of persons reducing expendi- ture deficit 260.112 Filing of certificate by candidate or treasurer of political committee who ex- pects neither contributions nor expendi- tures to exceed $2,000; schedule 260.118 Treasurer and statement of organization for initiative, referendum or recall peti- tion; filing electronic statements of con- tributions and expenditures; schedule; rules 260.156 Rules for reporting expenditures and con- tributions 260.163 County or city campaign finance pro- visions (Administration and Enforcement) 260.200 Secretary of State rules for accounts, forms, material to be retained and mate- rial not subject to disclosure 260.205 Inspection of statements; notice of failure to file correct statements; complaints 260.215 Examination and investigation of state- ments by filing officers; review of state- ments of candidates for state office; documentation of transactions 260.218 Subpoena authority 260.225 Court proceedings to compel filing of cor- rect statements; attorney fees 260.232 Civil penalty for failure to file statement or to include required information 260.241 Removal from general election ballot for failure to file statement; notice to candi- date 260.245 Withholding certificate of election or cer- tificate of nomination for failure to file statement 260.255 Preservation of filed statements by filing officers; maintenance of data on Internet 260.262 Accounts of chief petitioners; review and inspection; retention; disclosure as public record; rules ELECTION OFFENSES (Administration and Enforcement) 260.315 Distribution of copies of law 260.345 Complaints or other information regard- ing violations; action by Secretary of State and Attorney General 260.351 Court proceedings for election law vio- lations, generally 260.355 Deprivation of nomination or office for deliberate and material election violation 260.365 Election or appointment after deprivation of nomination or office for violation 260.368 Investigations of violations of prohibition on payment based on number of signa- tures obtained on petition (Particular Offenses) 260.402 Contributions in false name 260.407 Use of contributed amounts for certain purposes 260.409 Expenditures for professional services rendered by candidate 260.422 Acceptance of employment where com- pensation to be contributed Title 23 Page 153 (2007 Edition)
  • 156. ELECTIONS 260.432 Solicitation of public employees; activities of public employees during working hours 260.532 False publication relating to candidate or measure; civil action; damages; other remedies; limitation on action 260.550 Use of term “incumbent” 260.555 Prohibitions relating to circulation, filing or certification of initiative, referendum or recall petition 260.558 Payment for signing or not signing initi- ative, referendum or recall petition; sale or purchase of signature sheets 260.561 Liability of certain chief petitioners for violations committed by persons obtaining signatures on petition; exceptions 260.563 Liability of contractor obtaining signa- tures on petition for violations committed by subcontractor; exceptions 260.567 Alteration of information on petition sig- nature sheet; exceptions 260.569 Payment based on signatures obtained on nominating petition or voter registration card 260.575 Use of threats and intimidation for pur- pose of extorting money 260.635 Bets and wagers on election results 260.645 Illegal acts relating to voting machines or vote tally systems 260.665 Undue influence to affect registration, voting, candidacy; solicitation of money or other benefits 260.675 Prohibited distribution of ballots 260.685 Elections official compliance with direc- tives of Secretary of State 260.695 Prohibitions relating to voting 260.705 Premature release of vote tally 260.715 Prohibited conduct SLATE MAILER ORGANIZATIONS 260.735 Statement of organization 260.737 Disclosures required on slate mailer; defi- nitions PENALTIES 260.993 Criminal penalties 260.995 Civil penalties Title 23 Page 154 (2007 Edition)
  • 157. CAMPAIGN FINANCE REGULATION; OFFENSES 260.005 ELECTION CAMPAIGN FINANCE REGULATION (Generally) 260.005 Definitions. As used in this chapter: (1)(a) “Candidate” means: (A) An individual whose name is printed on a ballot, for whom a declaration of candi- dacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual′s consent, for nomination or election to public office; (B) An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an indi- vidual, organization, political party or poli- tical committee to solicit or receive and accept a contribution or make an expendi- ture on the individual′s behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and re- tained or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or (C) A public office holder against whom a recall petition has been completed and filed. (b) For purposes of this section and ORS 260.035 to 260.156, “candidate” does not in- clude a candidate for the office of precinct committeeperson. (2) “Committee director” means any per- son who directly and substantially partic- ipates in decision-making on behalf of a political committee concerning the solicita- tion or expenditure of funds and the support of or opposition to candidates or measures. The officers of a political party shall be con- sidered the directors of any political party committee of that party, unless otherwise provided in the party′s bylaws. (3)(a) Except as provided in ORS 260.007, “contribute” or “contribution” includes: (A) The payment, loan, gift, forgiving of indebtedness, or furnishing without equiv- alent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value: (i) For the purpose of influencing an election for public office or an election on a measure, or of reducing the debt of a candi- date for nomination or election to public of- fice or the debt of a political committee; or (ii) To or on behalf of a candidate, poli- tical committee or measure; and (B) Any unfulfilled pledge, subscription, agreement or promise, whether or not legally enforceable, to make a contribution. (b) Regarding a contribution made for compensation or consideration of less than equivalent value, only the excess value of it shall be considered a contribution. (4)(a) “Controlled committee” means a political committee that, in connection with the making of contributions or expenditures: (A) Is controlled directly or indirectly by a candidate or a controlled committee; or (B) Acts jointly with a candidate or con- trolled committee. (b) For purposes of this subsection, a candidate controls a political committee if: (A) The candidate, the candidate′s agent, a member of the candidate′s immediate fam- ily or any other political committee that the candidate controls has a significant influence on the actions or decisions of the political committee; or (B) The candidate′s principal campaign committee and the political committee both have the candidate or a member of the can- didate′s immediate family as a treasurer or director. (5) “County clerk” means the county clerk or the county official in charge of elections. (6) “Elector” means an individual quali- fied to vote under section 2, Article II of the Oregon Constitution. (7) Except as provided in ORS 260.007, “expend” or “expenditure” includes the pay- ment or furnishing of money or anything of value or the incurring or repayment of in- debtedness or obligation by or on behalf of a candidate, political committee or person in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including sup- port of or opposition to a candidate, political committee or measure, or for reducing the debt of a candidate for nomination or election to public office. “Expenditure” also includes contributions made by a candidate or political committee to or on behalf of any other candidate or political committee. (8) “Filing officer” means: (a) The Secretary of State: (A) Regarding a candidate for public of- fice; (B) Regarding a statement required to be filed under ORS 260.118; (C) Regarding any measure; or (D) Regarding any political committee. Title 23 Page 155 (2007 Edition)
  • 158. 260.005 ELECTIONS (b) Notwithstanding paragraph (a) of this subsection, in the case of an irrigation dis- trict formed under ORS chapter 545: (A) The county clerk, regarding any can- didate for office or any measure at an irri- gation district formation election where the proposed district is situated wholly in one county; (B) The county clerk of the county in which the office of the secretary of the pro- posed irrigation district will be located, re- garding any candidate for office or any measure at an irrigation district formation election where the proposed district is situ- ated in more than one county; or (C) The secretary of the irrigation dis- trict for any election other than an irrigation district formation election. (9) “Independent expenditure” means an expenditure by a person for a communication in support of or in opposition to a clearly identified candidate or measure that is not made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candi- date, or any political committee or agent of a political committee supporting or opposing a measure. For purposes of this subsection: (a) A communication is “in support of or in opposition to” a candidate or measure if: (A) The communication, taken in its context, clearly and unambiguously urges the election or defeat of a clearly identified can- didate for nomination or election to public office, or the passage or defeat of a clearly identified measure; (B) The communication, as a whole, seeks action rather than simply conveying information; and (C) It is clear what action the commu- nication advocates. (b) “Agent” means any person who has: (A) Actual oral or written authority, ei- ther express or implied, to make or to au- thorize the making of expenditures on behalf of a candidate or on behalf of a political committee supporting or opposing a measure; or (B) Been placed in a position within the campaign organization where it would rea- sonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures. (c) “Clearly identified” means, with re- spect to candidates: (A) The name of the candidate involved appears; (B) A photograph or drawing of the can- didate appears; or (C) The identity of the candidate is ap- parent by unambiguous reference. (d) “Clearly identified” means, with re- spect to measures: (A) The ballot number of the measure appears; (B) A description of the measure′s sub- ject or effect appears; or (C) The identity of the measure is appar- ent by unambiguous reference. (e) “Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candi- date or any agent or authorized committee of the candidate, or any political committee or agent of a political committee supporting or opposing a measure”: (A) Means any arrangement, coordination or direction by the candidate or the candi- date′s agent, or by any political committee or agent of a political committee supporting or opposing a measure, prior to the publica- tion, distribution, display or broadcast of the communication. An expenditure shall be pre- sumed to be so made when it is: (i) Based on information about the plans, projects or needs of the candidate, or of the political committee supporting or opposing a measure, and provided to the expending per- son by the candidate or by the candidate′s agent, or by any political committee or agent of a political committee supporting or oppos- ing a measure, with a view toward having an expenditure made; or (ii) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of a political committee authorized by the candi- date or by a political committee or agent of a political committee supporting or opposing a measure, or who is or has been receiving any form of compensation or reimbursement from the candidate, the candidate′s principal campaign committee or agent or from any political committee or agent of a political committee supporting or opposing a measure; and (B) Does not include providing to the ex- pending person upon request a copy of this chapter or any rules adopted by the Secre- tary of State relating to independent expend- itures. (10) “Initiative petition” means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure. (11) “Judge” means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court. (12) “Mass mailing” means more than 200 substantially similar pieces of mail, but does Title 23 Page 156 (2007 Edition)
  • 159. CAMPAIGN FINANCE REGULATION; OFFENSES 260.007 not include a form letter or other mail that is sent in response to an unsolicited request, letter or other inquiry. (13) “Measure” includes any of the fol- lowing submitted to the people for their ap- proval or rejection at an election: (a) A proposed law. (b) An Act or part of an Act of the Leg- islative Assembly. (c) A revision of or amendment to the Oregon Constitution. (d) Local, special or municipal legis- lation. (e) A proposition or question. (14) “Occupation” means: (a) The nature of an individual′s principal business; and (b) If the individual is employed by an- other person, the business name and address, by city and state, of the employer. (15) “Person” means an individual, cor- poration, limited liability company, labor or- ganization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having col- lective capacity. (16)(a) “Political committee” means a combination of two or more individuals, or a person other than an individual, that has: (A) Received a contribution for the pur- pose of supporting or opposing a candidate, measure or political party; or (B) Made an expenditure for the purpose of supporting or opposing a candidate, meas- ure or political party. (b) For purposes of paragraph (a)(B) of this subsection, an expenditure does not in- clude: (A) A contribution to a candidate or pol- itical committee that is required to report the contribution on a statement filed under ORS 260.057, 260.076 or 260.102 or a certif- icate filed under ORS 260.112; or (B) An independent expenditure for which a statement is required to be filed by a person under ORS 260.044 (1). (17) “Public office” means any national, state, county, district, city office or position, except a political party office, that is filled by the electors. (18) “Recall petition” means a petition to recall a public officer for which a prospective petition has been filed but that is not yet a measure. (19) “Referendum petition” means a peti- tion to refer a measure for which a prospec- tive petition has been filed but that is not yet a measure. (20) “Regular district election” means the regular district election described in ORS 255.335. (21) “Slate mailer” means a mass mailing that supports or opposes a total of three or more candidates or measures. (22)(a) “Slate mailer organization” means, except as provided in paragraph (b) of this subsection, any person who directly or indi- rectly: (A) Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers; and (B) Receives or is promised payment for producing one or more slate mailers or for endorsing or opposing, or refraining from endorsing or opposing, a candidate or meas- ure in one or more slate mailers. (b) Notwithstanding paragraph (a) of this subsection, “slate mailer organization” does not include: (A) A political committee organized by a political party; or (B) A political committee organized by the caucus of either the Senate or the House of Representatives of the Legislative Assem- bly. (23) “State office” means the office of Governor, Secretary of State, State Treas- urer, Attorney General, Commissioner of the Bureau of Labor and Industries, Superinten- dent of Public Instruction, state Senator, state Representative, judge or district attor- ney. [1971 c.749 §1; 1973 c.744 §1; 1975 c.683 §6; 1977 c.678 §1; 1979 c.190 §339; 1983 c.350 §81; 1983 c.392 §8; 1985 c.808 §52; 1987 c.727 §1; 1989 c.80 §1; 1989 c.503 §41; 1991 c.87 §4; 1991 c.719 §61; 1993 c.18 §44; 1993 c.493 §52; 1993 c.710 §1; 1993 c.797 §30; 1995 c.1 §1; 1995 c.607 §56; 1997 c.249 §77; 1999 c.318 §42; 1999 c.999 §1; 2001 c.82 §11; 2003 c.542 §9; 2005 c.797 §1; 2007 c.809 §§20,21; 2007 c.848 §28] 260.007 Exclusions from definitions of “contribution” and “expenditure.” As used in this chapter, “contribute,” “contribution,” “expend” or “expenditure” does not include: (1) Any written news story, commentary or editorial distributed through the facilities of any broadcasting station, newspaper, mag- azine or other regularly published publica- tion, unless a political committee owns the facility. (2) An individual′s use of the individual′s own personal residence, including a commu- nity room associated with the individual′s residence, to conduct a reception for a can- didate or political committee and the indi- vidual′s cost of invitations, food and beverages provided at the reception. (3) A vendor′s sale of food and beverages for use in a candidate′s or political commit- Title 23 Page 157 (2007 Edition)
  • 160. 260.035 ELECTIONS tee′s campaign at a charge less than the normal comparable charge, if the charge is at least equal to the cost of the food or bev- erages to the vendor. (4) Any unreimbursed payment for travel expenses an individual, including a candi- date, makes on behalf of a candidate or poli- tical committee. (5) Any loan of money made by a finan- cial institution as defined in ORS 706.008, other than any overdraft made with respect to a checking or savings account, if the loan bears the usual and customary interest rate for the category of loan involved, is made on a basis that ensures repayment, is evidenced by a written instrument and is subject to a due date or amortization schedule. However, each indorser or guarantor of the loan shall be considered to have contributed that por- tion of the total amount of the loan for which that person agreed to be liable in a written agreement, except if the indorser or guarantor is the candidate′s spouse. (6) Nonpartisan activity designed to en- courage individuals to vote or to register to vote. (7) Any communication a membership or- ganization or corporation makes to its mem- bers, shareholders or employees if the membership organization or corporation is not organized primarily for the purpose of influencing an election. (8) The payment of compensation for le- gal and accounting services rendered to a candidate or political committee if the person paying for the services is the regular em- ployer of the individual rendering the ser- vices and the services are solely for the purpose of ensuring compliance with the provisions of this chapter. (9) The payment by a state or local com- mittee of a political party of the costs of preparation, display or mailing or other dis- tribution incurred by the committee with re- spect to a printed slate card or sample ballot, or other printed listing, of three or more candidates for any public office for which an election is held in this state. This subsection does not apply to costs incurred by the com- mittee with respect to a display of any such listing made on broadcasting stations or in newspapers, magazines or similar types of general public political advertising. [1995 c.1 §2; 1997 c.631 §429; 1999 c.999 §2; 2005 c.797 §2; 2007 c.71 §79] 260.010 [Amended by 1969 c.279 §2; 1971 c.749 §25; renumbered 260.305] 260.020 [Amended by 1957 c.643 §2; repealed by 1971 c.749 §82] 260.025 [1971 c.749 §2; repealed by 1973 c.623 §3] 260.027 [1973 c.623 §2; repealed by 1975 c.684 §11] 260.030 [Amended by 1957 c.643 §3; 1971 c.749 §26; renumbered 260.315] (Treasurers, Statements of Organization and Accounts) 260.035 Treasurer and statement of organization for political committees; change in information. (1) Not later than the third business day after a political com- mittee first receives a contribution or makes an expenditure, the political committee shall: (a) Appoint a treasurer who shall be an elector of this state; (b) Certify the name and address of the treasurer to the filing officer; and (c) File a statement of organization under ORS 260.039 or 260.042. (2) Contributions shall be received and expenditures made by or through the treas- urer of the political committee. (3) Any change in information required under this section shall be indicated in an amended certification filed not later than the 10th day after the change in information. [1971 c.749 §3; 1973 c.744 §2; 1977 c.829 §20; 1979 c.190 §340; 1991 c.719 §62; 1999 c.999 §3] 260.037 Treasurers for candidates; ap- pointment; liability of candidate for de- fault or violation. (1) A candidate may serve as the candidate′s own treasurer or may appoint and certify to the filing officer the name and address of a treasurer. (2) A candidate′s treasurer shall perform all the duties prescribed for the candidate under ORS 260.005 and 260.035 to 260.156. (3) The candidate, in addition to the treasurer, is personally responsible for the performance of the duties referred to in sub- section (2) of this section. Any default or vi- olation by the treasurer shall be conclusively considered a default or violation by the can- didate. Any default or violation by the person designated by the candidate or treasurer un- der ORS 260.039, 260.042 or 260.057 is con- clusively considered a default or violation by the candidate or treasurer. [1973 c.744 §4; 1979 c.190 §341; 1993 c.493 §53; 2007 c.570 §2] 260.038 Treasurer of more than one candidate or committee; replacement of treasurer. (1) An individual may be ap- pointed and serve as treasurer of a candidate and a political committee or of two or more candidates or political committees. (2) A candidate or political committee may remove a treasurer. In event of the death, resignation or removal of a treasurer before compliance with all obligations of a treasurer under ORS 260.005 and 260.035 to 260.156, a candidate may and a political committee shall appoint a successor and cer- tify the name and address of the successor in the manner of an original appointment. [1979 c.190 §342; 1993 c.493 §54] Title 23 Page 158 (2007 Edition)
  • 161. CAMPAIGN FINANCE REGULATION; OFFENSES 260.042 260.039 Statement of organization of candidate or principal campaign commit- tee. (1) Except as provided in ORS 260.043, a candidate who serves as the candidate′s own treasurer, or the treasurer of the prin- cipal campaign committee, shall file a state- ment of organization with the filing officer. The statement shall include: (a) The name, address, occupation, office sought and party affiliation of the candidate. The address shall be the address of a resi- dence, office, headquarters or similar lo- cation where the candidate may be conveniently located; (b) In the case of a principal campaign committee: (A) The name and address of the com- mittee. The address shall be the address of a residence, office, headquarters or similar lo- cation where the political committee or a responsible officer of the political committee may be conveniently located. (B) The name, address and occupation of the committee director or directors, if any. (C) The name and address of the com- mittee treasurer. (D) The name and address of any other political committee of which two or more committee directors are also directors of the committee filing the statement; and (c) The name of the financial institution in which the campaign account required un- der ORS 260.054 is established, the name and number of the account, the name of the ac- count holder and the names of all persons who have signature authority for the ac- count. The Secretary of State may not dis- close information received by the secretary under this paragraph except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260. (2) A candidate or treasurer may desig- nate a person to receive any notice provided by a filing officer under ORS chapters 246 to 260. The candidate or treasurer shall include the name and address of the person in the statement of organization filed under this section. A filing officer who provides any notice under ORS chapters 246 to 260 to the candidate or treasurer shall also provide the notice to the person designated by the can- didate or treasurer under this subsection. (3) Except as provided in ORS 260.043, a candidate who serves as the candidate′s own treasurer shall file the statement of organ- ization not later than the third business day after the candidate first receives a contrib- ution or makes an expenditure. The treas- urer of a principal campaign committee shall file the statement of organization not later than the date specified in ORS 260.035. (4) Any change in information submitted in a statement of organization under subsec- tion (1) of this section shall be indicated in an amended statement of organization filed not later than the 10th day after the change in information. (5) Except as provided in ORS 260.043, a candidate who serves as the candidate′s own treasurer or the treasurer of the principal campaign committee of the candidate shall file a statement of organization under this section not later than the deadline for the candidate to file a nominating petition or declaration of candidacy under ORS 249.037 or a certificate of nomination under ORS 249.722. (6) Except as provided in ORS 260.043, a candidate who serves as the candidate′s own treasurer or the treasurer of the principal campaign committee of a candidate shall file a new or amended statement of organization not later than the date that the candidate files a nominating petition, declaration of candidacy or certificate of nomination. [1987 c.727 §12; 1989 c.503 §18; 1991 c.107 §16; 1991 c.719 §53; 1993 c.493 §55; 1999 c.999 §4; 2001 c.965 §53; 2005 c.797 §3; 2005 c.809 §4; 2007 c.570 §3] 260.040 [Amended by 1957 c.643 §4; repealed by 1971 c.749 §82] 260.041 Principal campaign committee. (1) Notwithstanding ORS 260.005 (16) and except as provided in ORS 260.043, a candi- date shall designate a political committee as the candidate′s principal campaign commit- tee. A candidate may designate only one pol- itical committee as the candidate′s principal campaign committee. (2) A political committee may not be designated as the principal campaign com- mittee of more than one candidate. [1979 c.190 §343; 1999 c.999 §7; 2005 c.809 §23] 260.042 Statement of organization of political committee. (1) The treasurer of a political committee shall file a statement of organization with the filing officer. The statement shall include: (a) The name, address and nature of the committee. The address shall be the address of a residence, office, headquarters or similar location where the political committee or a responsible officer of the political committee may be conveniently located. (b) The name, address and occupation of the committee director or directors. (c) The name and address of the commit- tee treasurer. (d) The name and address of any other political committee of which two or more committee directors are also directors of the committee filing the statement. (e) The name, office sought, and party affiliation of each candidate whom the com- Title 23 Page 159 (2007 Edition)
  • 162. 260.043 ELECTIONS mittee is supporting or specifically opposing or intends to support or specifically oppose, when known, or, if the committee is sup- porting or specifically opposing all the can- didates of a given party, the name of that party. (f) A designation of any measure that the committee is opposing or supporting, or in- tends to support or oppose. (g) The name of the financial institution in which the campaign account required un- der ORS 260.054 is established, the name and number of the account, the name of the ac- count holder and the names of all persons who have signature authority for the ac- count. The Secretary of State may not dis- close information received by the secretary under this paragraph except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260. (h) A statement of whether the commit- tee is a controlled committee. (2) A treasurer shall designate a person to receive any notice provided by a filing of- ficer under ORS chapters 246 to 260. The treasurer shall include the name and address of the person in a statement of organization filed under this section. A filing officer who provides any notice under ORS chapters 246 to 260 to the treasurer of the political com- mittee shall also provide the notice to the person designated by the treasurer under this subsection. (3) The statement of organization shall be filed not later than the date specified in ORS 260.035. (4) Any change in information submitted in a statement of organization under subsec- tion (1) of this section shall be indicated in an amended statement of organization filed not later than the 10th day after the change in information. (5) This section does not apply to a poli- tical committee that is a principal campaign committee or to a political committee exclu- sively supporting or opposing one or more candidates for federal or political party of- fice. [1975 c.683 §§2,3; 1979 c.190 §344; 1981 c.234 §1; 1983 c.71 §10; 1985 c.808 §53; 2001 c.965 §54; 2005 c.797 §6; 2005 c.809 §5; 2007 c.570 §4] 260.043 Exemptions for candidate who expects neither contributions nor ex- penditures to exceed $300. (1) A candidate who serves as the candidate′s own treasurer and who expects neither the aggregate con- tributions to be received nor the aggregate expenditures to be made by or on behalf of the candidate to exceed $300 in total amount during a calendar year is not required to: (a) File a statement of organization under ORS 260.039; (b) Establish a single exclusive campaign account under ORS 260.054; or (c) File statements under ORS 260.057. (2) A candidate described in subsection (1) of this section must keep contribution and expenditure records for the previous 24 months. (3) If at any time following the filing of a nominating petition, declaration of candi- dacy or certificate of nomination and during the calendar year either the aggregate con- tributions or aggregate expenditures exceed $300, the candidate shall do all of the fol- lowing: (a) File a statement of organization under ORS 260.039. (b) Establish a single exclusive campaign account as required under ORS 260.054. (c) File a statement under ORS 260.057 showing all contributions received and ex- penditures made. The statement shall be filed not later than seven calendar days after ag- gregate contributions or aggregate expendi- tures exceed $300 during a calendar year. (d) If necessary, file additional statements under ORS 260.057. (4) This section does not apply to candi- dates for federal office. [1999 c.999 §6; 2005 c.809 §§6,24] 260.044 Statement of independent ex- penditures; when person considered poli- tical committee or principal campaign committee. (1) A person shall file a state- ment of independent expenditures if the per- son makes independent expenditures in a total amount of more than $100 in a calendar year. The statement shall be filed with the Secretary of State. (2) A statement described in subsection (1) of this section shall be filed not later than seven calendar days after the total amount of independent expenditures exceeds $100 in a calendar year. The accounting period for the statement required by subsection (1) of this section begins on the date that an inde- pendent expenditure is made. The statement shall specify the candidate or measure sup- ported or opposed by the independent ex- penditure. The secretary by rule shall prescribe the form of the statement. (3) Notwithstanding ORS 260.005 (16), a person who solicits and receives a contrib- ution or contributions is a political commit- tee and shall file a statement of organization under ORS 260.042 and the statements re- quired by ORS 260.057 or 260.076. (4) For purposes of this section: (a) An independent expenditure does not include a contribution to a candidate or pol- itical committee that is required to report Title 23 Page 160 (2007 Edition)
  • 163. CAMPAIGN FINANCE REGULATION; OFFENSES 260.049 the contribution on a statement filed under ORS 260.057, 260.076 or 260.102 or a certif- icate filed under ORS 260.112; (b) An independent expenditure does not include a contribution to a candidate who is not required to file a statement of organiza- tion under ORS 260.043; and (c) A person is not a political committee under subsection (3) of this section if all contributions received by the person are: (A) Designated to an identified candidate or political committee; (B) Delivered by the person to the desig- nated candidate or political committee not later than seven business days after the con- tribution is received; and (C) Required to be reported as contrib- utions by a candidate or political committee on a statement f