Oregon Election Code

Chapter 246 – Administration of Election Laws; Vote Recording Systems

246.010 [Repealed by 1957 c.608 §231]

246.011 [Repealed by 1979 c.190 §431]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 measures.
(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 commissioners.
(4) “Election” means any election held within this state.
(5) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Constitution.
(6) “Governing body” means the governing 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 organized for public purposes; and
(b) Authorized or required by law to perform functions in connection with elections held in the election precinct or special district or public corporation organized for public purposes.

(8) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.

(9) “Precinct” means any election precinct.
(10) “Vote tally system” means one or more pieces of equipment necessary to examine and tally automatically the marked ballots.
(11) “Voting machine” means any device that will record every vote cast on candidates and measures and that will either internally 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246.015 [Repealed by 2007 c.154 §67]

246.020 [Repealed by 1957 c.608 §231]

246.021 Time of receipt.
(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 filing officer must be delivered to and actually received at the office of the designated officer not later than 5 p.m. of the day the document 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 waiting to deliver the document, the individual is considered to have begun the act of delivering the document and is permitted to file it.
(3) Except as provided in ORS 253.540, 253.565 and 253.690, any election document required to be filed with the filing officer other than ballots, voter registration cards or petitions requiring signatures of electors may also be filed by means of an electronic facsimile transmission machine or electronic mail. If an election document is required to be filed by a specified time, the entire document must be received at 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 electronically under ORS 260.057:

(a) The statement must be received electronically at the office of the Secretary of State not later than 11:59 p.m. 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 portraits for voters’ pamphlets, statements of election campaign contributions and expenditures, 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; 2008 c.41 §2; 2009 c.619 §3; 2017 c.749 §2; 2019 c.675 §4]

246.025 Use of signature stamp.
(1) A person with a disability who is unable because of the disability to sign any election document, including a voter registration card or ballot return envelope, may use a signature stamp or other indicator of the person’s signature, as specified by the Secretary of State by rule, whenever the signature of the person is required under any election law.
(2) A person who desires to use a signature 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 updates 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 [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 Evidence of violations.
The Secretary of State and each county clerk shall diligently seek out any evidence of violation of any election law. [Formerly 260.325]

246.050 [Repealed by 1957 c.608 §231]

246.055 [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 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.
In carrying out the responsibility under ORS 246.110, the Secretary of State shall prepare and distribute to each county clerk detailed and comprehensive written directives, and shall assist, advise and instruct each county clerk, on registration of electors and election procedures which are under the direction and control of the county clerk. The directives and instructions shall include relevant sample 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 [Repealed by 1979 c.190 §431]

246.140 Election law conferences.
(1) In carrying out the responsibility under ORS 246.110, the Secretary of State biennially shall organize 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 conduct the conferences described in subsection (1) of this section not later than December 31 of an odd-numbered year following adjournment sine die of that year’s Legislative Assembly.
(3) The Secretary of State shall give written notice of the place and time of each conference to each county clerk.
(4) Each county clerk or designated deputy shall attend at least one of the conferences 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; 2011 c.545 §70]

246.150 Rules.
The Secretary of State may adopt rules the secretary considers necessary to facilitate and assist in achieving and maintaining a maximum degree of correctness, impartiality and efficiency in administration of the election laws. [1957 c.608 §8; 1979 c.190 §8; 1985 c.448 §1]

246.160 Compilations and digests of election laws.
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 Moneys received under ORS 246.160.
All moneys received by the Secretary of State under ORS 246.160 shall be deposited into the Secretary of State Miscellaneous Receipts Account established under ORS 279A.290. All moneys received by the Secretary of State under ORS 246.160 and deposited in the account are appropriated continuously to the Secretary of State for the payment of expenses 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]

246.179 Reimbursement for special elections.
(1) Notwithstanding ORS 246.250, the Secretary of State shall reimburse each county clerk for necessary expenses of an election described in subsection (2) of this section based on a claim filed by the county clerk and approved by the Secretary of State. The claim shall be made on a form designed by the Secretary of State. The Secretary of State shall make the reimbursement from funds made available to the Secretary of State by the Emergency Board.
(2) The Secretary of State shall reimburse each county clerk for necessary expenses of:

(a) A special primary election or a special election to fill a vacancy in the election or office of United States Senator or Representative in Congress held on a date other than the date of the 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 Elections Fund is established separate and distinct from the General Fund of the State Treasury. Moneys in the Elections Fund may be invested as provided in ORS 293.701 to 293.857. 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 appropriated by law; and
(d) Interest earned on deposits in the fund.

(3) Moneys deposited to the credit of the Elections Fund are continuously appropriated 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 Administrative complaint procedures.
(1) The Secretary of State by rule shall establish administrative complaint procedures that meet the requirements 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. Complaints 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 Conduct of elections.
(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 receiving 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 Supervision; elections officials.
(1) Subject to the directives and instructions prepared and distributed or given by the Secretary of State under ORS 246.120 or 246.140, a county clerk may exercise general supervision of administration of election laws by each local elections official in the county for the purpose of achieving and maintaining a maximum degree 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 insure uniformity of general supervision. [1957 c.608 §9; 1979 c.190 §11; 1985 c.448 §2]

246.220 [Repealed by 1985 c.448 §5]

246.230 [Repealed by 1985 c.448 §5]

246.235 [Repealed by 1979 c.190 §431]

246.240 [Repealed by 1965 c.527 §5]

246.245 Notification of boundary change.
If the boundary of a city is changed, the city governing body immediately shall send a certified copy of the order, resolution or other action changing the boundary to the county clerk of each county in which the city is located. [1979 c.190 §14]

246.250 Personnel; materials; expenses; oaths.
(1) The county clerk may employ personnel and procure equipment, supplies, materials, books, papers, records 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 connection with the performance of their functions 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.
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 [Repealed by 1975 c.675 §36]

246.310 [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 [Repealed by 2007 c.154 §67]

246.335 [Repealed by 2007 c.154 §67]

246.340 [Repealed by 1979 c.749 §1 (246.335 enacted in lieu of 246.340)]

246.350 [Repealed by 1979 c.190 §431]

PRECINCTS

246.410 Creation and modification of precincts; electors
(1)(a) After each federal decennial census, the Secretary of State shall prepare detailed and comprehensive directives providing guidelines for fixing precinct and other electoral district boundaries based on census population figures.

(b) After the federal decennial census and before the Legislative Assembly or Secretary of State, whichever is applicable, apportions the state into congressional and legislative districts, the secretary shall deliver the directives to:

(A) Each county clerk; and
(B) Any local government, as defined in ORS 174.116, or special government body, as defined in ORS 174.117, that fixes electoral district boundaries based on census population figures.

(2)(a) In accordance with any directive distributed by the Secretary of State under this section, 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 included in a precinct shall not exceed 10,000. The county clerk shall fix the boundaries of the precincts and designate the precincts by numbers or names.

(b) A local government or special government body that fixes electoral district boundaries based on census population figures shall fix the electoral district boundaries in accordance with any directive distributed by the Secretary of State under this section. [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; 2009 c.720 §3; 2010 c.9 §§12,13; 2015 c.8 §7]

246.420 [Repealed by 2007 c.154 §67]

246.510 [Renumbered 246.021]

VOTE RECORDING SYSTEMS

246.520 Applicable laws
All the provisions of the election laws and of any county or city charter or ordinance not inconsistent 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 machines 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 Procurement of equipment.
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 directs. [Formerly 258.045]

246.540 Joint purchase, maintenance.
(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 municipalities 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 machines 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.
(1) The Secretary of State shall publicly examine all makes of voting machines or vote tally systems submitted to the secretary and determine 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 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 approves the machine or system, the secretary shall make a report on the machine or system, together with a written or printed description, 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 system approved by the secretary may be used for conducting elections. A machine or system 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 determines that the change does not impair the accuracy, efficiency or capacity of the machine or system.
(5) If, after consulting with county clerks, the secretary determines that a voting 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 revokes 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 Conditions for approval.
(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 voting.
(b) Provides facilities for voting for the candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted.
(c) Permits the elector to vote for any person and as many persons for an office and upon any measure for which the elector has the right to vote.
(d) Permits the elector, except at a primary 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 operation of the voting machine or vote tally system except for President and Vice President and electors for those offices.
(g) Provides that straight party pointers shall be disconnected from all candidate pointers.
(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 directly 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 candidate for each office, and accumulating total votes for and against each measure of the ballots tallied for a precinct.
(d) Capable of tallying votes from ballots of different political parties, from the same precinct, in a primary election.
(e) Capable of accommodating the procedure established under ORS 254.155.
(f) Capable of automatically producing precinct totals in either printed, marked, or punched form, or combinations thereof. [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.
(1) Any voting machine or vote tally system involving the use of computers, a computer network, computer program, computer software or computer system shall be subject to audit by the Secretary of State at any time for the purpose 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.
(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 preparatory 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 manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, software or communication 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 communication 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 computer, that permits the functioning of a computer system in a manner designed to provide appropriate products from the computer system.
(d) “Computer software” means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.
(e) “Computer system” means, but is not limited to, a set of related, connected or unconnected computer equipment, devices and software. [1989 c.959 §2; 2001 c.965 §25; 2007 c.71 §77]

246.570 Sale of vote recording systems.
(1) The Secretary 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 security 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 entered 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 Vote recording system 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 computer systems, plus interest, payable on or before December 15.
(2) Payment by the county of maintenance, 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 for purchase of voting equipment.
(1) The State Treasurer, in the capacity of investment officer for the Oregon Investment Council, may lend moneys in the investment funds as provided in ORS 293.701 to 293.857 for the acquisition of:

(a) The voting machines or vote tally systems that the Secretary of State has contracted 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, including those that the Secretary of State has contracted to sell to a county.

(2) The Voting Machine Account is established in the General Fund. The account consists of moneys lent to the Secretary of State under this section and payments collected from counties under ORS 246.600. Moneys in the account are continuously appropriated 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 interest 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 Voting Machine Account.
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 calendar year, plus interest at a rate agreed upon by the State Treasurer and the Secretary of State, shall be paid to the State Treasurer as the repayment of money advanced for the acquisition of voting machines, 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 [Repealed by 2005 c.755 §59]

COUNTY ELECTIONS EMERGENCIES

246.710 Declaring elections emergency; request for declaration; provision of services.
(1) Notwithstanding ORS 246.200, if the governing body of a county, after consultation with the county clerk or county director of elections, believes that the county is in a state of fiscal distress that compromises the county’s ability to conduct elections at a minimally adequate level, the governing body may request that the Governor declare a county elections emergency.
(2) Upon request pursuant to subsection (1) of this section, the Governor shall consult with the Secretary of State to determine whether to declare a county elections emergency.
(3) Within 14 days after consultation with the secretary pursuant to subsection (2) of this section, the Governor shall:

(a) Declare the existence of a county elections emergency in the county; or
(b) Issue a determination that the county’s fiscal situation does not cause the county to conduct elections at a less than minimally adequate level.

(4) As soon as practicable after declaration of an emergency pursuant to subsection (3)(a) of this section and after consultation with the county clerk or county director of elections, the secretary shall provide services in the county to the extent necessary to ensure a minimally adequate level of election services to the electors in the county and all municipal corporations in the county.
(5) If the secretary must perform services in a county pursuant to subsection (4) of this section, the secretary shall seek reimbursement from the Emergency Board for such additional funds and spending authority as the secretary considers necessary.
(6) At any time after declaration of an emergency pursuant to subsection (3)(a) of this section, the governing body of the county or the secretary may request that the Governor, after consultation with the secretary, issue a determination pursuant to subsection (3)(b) of this section.
(7)(a) The county shall resume conducting elections for the electors of the county and all municipal corporations in the county on the earlier of:

(A) The date on which a determination is issued pursuant to subsection (6) of this section; or
(B) Two years after the date on which an emergency is declared in the county pursuant to subsection (3)(a) of this section.

(b) The governing body of the county may request a declaration under subsection (1) of this section at any time before or after the elapse of the two-year period described in paragraph (a)(B) of this subsection in order to ensure continuity of election services in the county. [2013 c.730 §2]

Note: 246.710 was added to and made a part of ORS chapters 246 to 260 by legislative action but was not added to ORS chapter 246 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

246.810 [Repealed by 1985 c.448 §5]

COMPELLING OFFICERS, OFFICIALS TO PERFORM DUTIES

246.820 Order to compel.
(1) Whenever it appears to the Secretary of State that a county clerk, city elections officer or a local elections 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 appropriate circuit court for an order to compel the county clerk, city elections officer or local 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 applies 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 [Repealed by 1985 c.448 §5]

APPEALS FROM OFFICERS, OFFICIALS

246.910 Appeals.
(1) A person adversely affected by 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 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 therefrom to the circuit court for the county in which the act or failure to act occurred or in which the order, rule, directive or instruction 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 purpose 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 Appeals, in their discretion, may give precedence 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 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. [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 [Repealed by 1979 c.190 §431]

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Chapter 247 – Qualification and Registration of Electors

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 qualified to vote under Article II, section 2, Oregon Constitution.
(3) “Registration card” means a state voter registration card approved by the Secretary of State under ORS 247.171, a federal voter registration application form prescribed by the Federal Election Commission pursuant to the National Voter Registration Act of 1993 (P.L. 103-31) or an electronic record containing an individual’s legal name, age, residence and citizenship information and electronic signature submitted to the Department of Transportation in the manner described in ORS 247.017. [1979 c.190 §39; 1993 c.713 §1; 2015 c.8 §2]

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 Casting of ballot.
(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 candidate or on the measure.
(3) If an elector has voted in any election, the elector may not register or update a registration and vote in any election held on the same date. [1989 c.175 §2; 1993 c.713 §2]

247.008 [Repealed by 1987 c.719 §17 and 1987 c.733 §13]

REGISTRATION

247.009 Qualification to vote.
Unless specifically provided otherwise, a person may vote in an election of a political subdivision of this state only if the person is an elector registered in the political subdivision. [1983 c.83 §2]

247.010 [Repealed by 1957 c.608 §231]

247.011 [Repealed by 1977 c.168 §6]

247.012 Registration; updating.
(1) A qualified person may register to vote or update a registration to vote by:

(a) Delivering by mail, having a person deliver or otherwise delivering 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 described in ORS 247.208;
(b) Personally delivering, or having a person deliver, the card to an official designated by a county clerk under subsection (7) of this section;
(c) Submitting the person’s legal name, age, residence and citizenship information and electronic signature to the Department of Transportation; or
(d) Completing a registration card using the electronic voter registration system described in ORS 247.019.

(2) If a registration card is mailed or delivered 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 resides not later than the fifth day after receiving the card.

(3) Registration of a qualified person occurs:

(a) When a legible, accurate and complete registration card is received in the office of any county clerk, the Office of the Secretary of State, an office of the Department of Transportation, a designated voter registration agency under ORS 247.208 or at a location designated by a county clerk under 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 and is addressed to an office of any county clerk, the Office of the Secretary of State, an office of the Department of Transportation or any designated voter registration agency as described in ORS 247.208; or
(c) In the case of a registration card missing a date of birth, containing an incomplete date of birth or containing an unintentional scrivener’s error that is supplied or corrected as described in subsection (4) or (6) of this section, on the date that registration 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)(a) Except as provided in ORS 247.125, if a registration card is legible, accurate and contains, at a minimum, the registrant’s name, residence address, date of birth and signature, the county clerk shall register the person.

(b) If the information required under paragraph (a) of this subsection is missing from the registration card or the date of birth is incomplete, the county clerk shall attempt to obtain the missing or incomplete information from all sources available to the county clerk, including but not limited to current and previous addresses and phone numbers of the registrant. The county clerk may also supply the registrant’s date of birth from any previous registration of the registrant. If the missing or incomplete information cannot be obtained from sources available to the county clerk, the county clerk shall use reasonable efforts to contact the registrant by phone, mail and electronic mail to obtain the missing or incomplete information.

(5) If a registration card meets the requirements 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 updating a registration.
(6) If a registration card contains an unintentional 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 designated locations. The appointments and locations 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 accepted 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; 2008 c.53 §1; 2009 c.511 §1; 2009 c.914 §3; 2011 c.607 §1; 2015 c.8 §3; 2017 c.680 §1]

247.013 Place of registration; updates.
(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 address 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 elector is located.
(3) If there is a change in any information 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 residence address from the county in which the elector is registered to a different county within the state, the elector need not register again if the registration of the elector is updated.
(5) If the county clerk does not have evidence of a change in any information required 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 evidence that there has been a change in the information required for registration under this chapter; and
(b) The county clerk has mailed the notice described in ORS 247.563.

(7) 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; 2019, c.675 §1]

247.014 Transfer of registration information.
In implementing ORS 247.012, 247.017 and 247.171, the Department of Transportation shall take steps reasonably necessary to allow transfer of voter registration information 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 required 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 person resides shall send the person a registration 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 before 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 citizenship. [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 Voter registration; age.
(1) Subject to this section, an otherwise qualified person who is at least 16 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.
(3) If a person who registers to vote under subsection (1) of this section will be under 18 years of age on the date of the next election held on a date listed in ORS 171.185 or the next special election, the person’s voter registration information, including but not limited to the person’s name and any identifying information, may not be disclosed as a public record under ORS 192.311 to 192.478. [2007 c.555 §2; 2015 c.8 §8; 2017 c.468 §1]

247.017 Provision of electronic records by Department of Transportation; automatic registration; notice to persons registered.
(Text of section operative until Jan. 1, 2021)
(1) The Secretary of State shall by rule establish a schedule by which the Department of Transportation shall provide to the secretary electronic records containing the legal name, age, residence and citizenship information for, and the electronic signature of, each person who meets qualifications identified by the secretary by rule.
(2) Upon receiving the electronic record for, and electronic signature of, a person described in subsection (1) of this section, the Secretary of State shall provide the information to the county clerk of the county in which the person may be registered as an elector. The secretary or county clerk shall notify each person of the process to:

(a) Decline being registered as an elector.
(b) Adopt a political party affiliation.

(3) If a person notified under subsection (2) of this section does not decline to be registered as an elector within 21 calendar days after the Secretary of State or county clerk issues the notification, the person’s electronic record and electronic signature submitted under subsection (1) of this section will constitute a completed registration card for the person for purposes of this chapter. The person shall be registered to vote if the county clerk determines that the person is qualified to vote under Article II, section 2, of the Oregon Constitution, and the person is not already registered to vote.
(4) A county clerk may not send a ballot to, or add to an elector registration list, a person who meets eligibility requirements until at least 21 calendar days after the Secretary of State or county clerk provided notification to the person as described in subsection (2) of this section. [Formerly 802.090; 1995 c.742 §2; 2007 c.555 §4; 2015 c.8 §1]

247.019 Electronic voter registration system; qualified persons; registration cards.
(1) The Secretary of State by rule shall adopt an electronic voter registration system to be used by qualified persons who have a valid:

(a) Oregon driver license, as defined in ORS 801.245;
(b) Oregon driver permit, as defined in ORS 801.250; or
(c) State identification card, issued under ORS 807.400.

(2) The electronic voter registration system shall allow a qualified person to complete and deliver a registration card electronically. A registration card delivered under this section is considered delivered to the Secretary of State for purposes of this chapter.
(3) A person who completes a registration card electronically under this section consents to the use of the person’s driver license, driver permit or state identification card signature for voter registration purposes.
(4) The Department of Transportation shall provide to the Secretary of State a digital copy of the driver license, driver permit or state identification card signature of each person who completes a registration card under this section. [2009 c.914 §2]

247.020 [Repealed by 1957 c.608 §231]

247.025 Deadline for registration.
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 office 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;
(2) A person’s registration card must be postmarked not later than the 21st day immediately preceding the election and be addressed to an office of any county clerk, the Office of the Secretary of State, an office of the Department of Transportation or any designated voter registration agency as described in ORS 247.208; or
(3) A person’s registration card must be delivered electronically as described in ORS 247.019 not later than 11:59 p.m. of the 21st day immediately 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; 2008 c.53 §2; 2010 c.9 §2]

247.028 [Repealed by 1999 c.410 §67]

247.030 [Repealed by 1957 c.608 §231]

247.031 [Repealed by 1979 c.190 §431]

247.035 Determination of residence.
(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 jurisdictional line, the person shall be registered 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 intention 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, 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 purpose 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 vehicles 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 Homeless persons.
(1) A qualified person who is homeless 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 location may be any place within the county describing the physical location of the person; and
(b) The mailing address of a person who is homeless or resides in a shelter, park, motor home, marina or other identifiable location 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 [Renumbered 247.178]

247.050 [Repealed by 1957 c.608 §231]

247.060 [Repealed by 1957 c.608 §231]

247.070 [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 [Repealed by 1979 c.190 §431]

247.120 [Repealed by 1957 c.608 §231]

247.121 [Repealed by 1995 c.742 §20]

247.125 Alteration of registration card; exceptions.
(1) A person may not alter any information supplied on a registration card except:

(a) An elections officer in the performance of official duties.
(b) The person who supplies the information on the registration card for the purpose of registering to vote.

(2) A county clerk may not register a person who alters any information printed on a registration card regarding:

(a) The indication that the person is a citizen of the United States; or
(b) The signature statement in which the person attests to the person’s qualifications as an elector and the information supplied on the voter registration card. [1985 c.808 §6; 2009 c.511 §2]

247.130 [Repealed by 1957 c.608 §231]

247.131 [Repealed by 1971 c.241 §10]

247.140 [Repealed by 1957 c.608 §231]

247.141 [Renumbered 247.174]

247.145 [Repealed by 1979 c.190 §431]

247.150 [Repealed by 1957 c.608 §231]

247.151 [Repealed by 1965 c.174 §1]

247.155 [Repealed by 1977 c.829 §23]

247.160 [Repealed by 1957 c.608 §231]

247.161 [Repealed by 1965 c.174 §1]

247.165 [Repealed by 1979 c.190 §431]

247.170 [Repealed by 1957 c.608 §231]

247.171 State and federal voter registration cards.
(1) Except as provided in this subsection, the Secretary of State shall design, prepare and distribute state voter registration cards. The Secretary of State shall also distribute federal registration cards. Any person may apply in writing to the Secretary of State for permission to print, copy or otherwise prepare and distribute 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 developed for use by any agency designated as 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 supplying false information on the registration card and shall contain space for a person to provide 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 register 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 registration 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 information under subsection (3) or (4) of this section knowing it to be false.
(6) A county clerk or other person accepting registration cards shall not request any information unless it is authorized by state or federal law.
(7) A person shall attest to the information 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 section 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; 2015 c.8 §4]

247.174 Qualification for registration; update.
(1) The qualifications of any person who requests to be registered or to update a registration shall be determined in the first instance by the county clerk or official designated by the county clerk to register persons as electors from the evidence present.
(2) The county clerk or official designated by the county clerk to register persons as electors may reject any registration or update of a registration if the clerk or official determines that the person is not qualified or that the registration card is illegible, inaccurate or incomplete. The clerk or official 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 after the rejection for a hearing on the person’s qualifications to register or update the registration. Not later than the 10th day after the date the county clerk receives the application, the clerk shall notify the applicant 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 Delivery of registration card.
(1) During the period extending from the 250th day before the primary 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 deliver to the person the number of registration cards requested that does not exceed an aggregate total of 5,000.

(2) The Secretary of State shall adopt rules describing when the Secretary of State will honor requests for delivery of more than 5,000 registration cards prepared under ORS 247.171. [1989 c.173 §7; 1995 c.712 §7]

247.178 Distribution.
Any person may distribute a registration card in any reasonable manner that facilitates 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 Transportation where applications for driver licenses or vehicle registrations are accepted and at any office of an agency designated a voter registration 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 Voter notification card.
(1) The county clerk shall prepare and issue by nonforwardable mail to each elector a voter notification 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.
(2) When an elector registers or updates a registration, the county clerk shall issue the elector a new voter notification card by nonforwardable mail.
(3) If an elector loses a voter notification 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 nonforwardable 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; 2013 c.243 §1]

247.190 [Repealed by 1957 c.608 §231]

247.191 Correction of cards; boundary change.
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 may issue by nonforwardable mail a written notice of the change and a new voter notification card to the elector. This requirement does not apply to a change of precincts 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; 2013 c.243 §2]

247.195 Validity of registration.
(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 statement 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 request a change in the information on the card. Upon receipt of the statement or request, the county clerk shall determine whether the information satisfies the inquiry. If the county clerk determines that the inquiry 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 registration 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 [Repealed by 1987 c.719 §17 and 1987 c.733 §13]

247.203 Change in party affiliation.
An elector who updates a registration 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 registration record shows the elector was or is registered as affiliated with a political party.
(3) Adopt a political party affiliation if the elector’s immediate past registration shows that the elector was not or is not registered as affiliated with a political party. [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.
(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 designated may include state, county, city or district offices and federal and nongovernmental 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 registration 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 preference or party registration of a person registering 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 registering to vote or take any action the purpose or effect of which is to discourage a person from registering to vote;
(d) Make any statement to a person registering to vote or take any action the purpose 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 availability 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 designated a voter registration agency under the National Voter Registration Act of 1993 (P.L. 103-31) shall, with each application for service or assistance and with each recertification, renewal or change of address form relating to the service or assistance:

(a) Distribute a registration card, including all statements required under the National Voter Registration Act of 1993 (P.L. 103-31); and
(b) Provide a form including other information required by the National Voter Registration Act of 1993 (P.L. 103-31).

(5) Information relating to a declination to register to vote in connection with an application made at an office described in subsection (4) of this section shall not be used for any purpose other than voter registration.
(6) A completed registration card accepted at a voter registration agency designated under this section shall be delivered to a county clerk or the Secretary of State.
(7) At least once each biennium, the Secretary of State shall:

(a) Assess new and developing federal guidelines regarding compliance with the National Voter Registration Act of 1993 (P.L. 103-31);
(b) Identify steps necessary to ensure ongoing compliance with the National Voter Registration Act of 1993 (P.L. 103-31);
(c) Identify barriers to and research opportunities for ensuring the accuracy, security and efficiency of current voter registration processes at voter registration agencies designated under this section; and
(d) Identify ways to improve use of current technology. [1993 c.713 §5; 2011 c.374 §3]

247.210 [Repealed by 1957 c.608 §231]

247.211 [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 [Repealed by 1957 c.608 §231]

247.251 [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 [Repealed by 1957 c.608 §231]

247.261 [Repealed by 1979 c.190 §431]

247.270 [Repealed by 1957 c.608 §231]

247.280 [Renumbered 247.590]

247.282 [Repealed by 1973 c.125 §1 and by 1973 c.827 §83]

247.284 [Repealed by 1973 c.125 §1 and by 1973 c.827 §83]

247.286 [Repealed by 1973 c.125 §1 and by 1973 c.827 §83]

247.288 [Repealed by 1973 c.125 §1 and by 1973 c.827 §83]

UPDATING REGISTRATION

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

(a) The residence address of the elector is changed for any reason within the county in which the elector is registered, except as provided in subsection (3) of this section;
(b) The elector desires to change or adopt a political party affiliation;
(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 provided in this chapter.
(3) An elector need not update a registration if:

(a) The United States Postal Service or a city or county changes the residence or mailing address of the elector and the residence of the elector has not been relocated; or
(b) The registration of the elector has been updated by the county clerk under ORS 247.292 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 ; change of residence.
(1) A county clerk shall update the registration of an elector in the county upon receiving 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;
(b) The United States Postal Service indicating a residence address that is different from the residence address for the elector as contained in the records of the county clerk; or
(c) The Secretary of State as provided in ORS 247.017 or 247.295.

(2) When a county clerk updates the registration of an elector under subsection (1) of this section, the clerk shall send a new voter notification card by nonforwardable mail to the elector as provided in ORS 247.181. The clerk shall include a notice stating that if the residence address or mailing 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; 2008 c.53 §3; 2013 c.243 §3; 2015 c.8 §5]

247.294 [Repealed by 1999 c.410 §67]

247.295 Subscription to change of address service.
(1) The Secretary of State shall subscribe to a change of address service that is approved or endorsed by the United States Postal Service and use the service to verify the accuracy of the addresses of electors contained in the centralized voter registration system.
(2) If the secretary determines that the address of an elector is different from the address for the elector as contained in the records of the county clerk, the secretary shall provide the information obtained under this section to the county clerk of each affected county. Based on information received under this section, each county clerk shall update the registration of electors in the county if the clerk determines that an update is required. [2008 c.53 §8; 2010 c.9 §3]

247.296 Verification of addresses.
(1) The county clerk shall use records of the United States Postal Service relating to ballots issued by mail to verify the accuracy of addresses of electors contained in the registration file of the county clerk.
(2) Based on information obtained under subsection (1) of this section, the county clerk shall automatically update the registration of an elector under ORS 247.292 or mail a notice described in ORS 247.563.
(3) The registration of an elector shall not be canceled 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 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 [Repealed by 1975 c.678 §25]

247.302 Effective date of registration update.
(1) The effective date of a voter registration updated under ORS 247.292 is the date on which the county clerk receives evidence of the change of residence or mailing address.
(2) The effective date of a voter registration updated under ORS 247.296 is the date on which the county clerk changes the address information on the voter registration file. [1993 c.713 §17f; 1999 c.410 §14; 2009 c.511 §3; 2015 c.8 §6]

247.303 Deadline for updates.
Notwithstanding ORS 247.025, an elector whose registration is active or inactive may update the registration at any time before 8 p.m. on the day of the election. [1999 c.410 §10]

247.304 [Repealed by 2007 c.154 §67]

247.306 [Repealed by 1999 c.410 §67]

247.307 Issuance of ballot to elector updating after deadline.
(1) Except as provided in subsection (2) of this section, if the county clerk receives 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 replacement ballot upon request from the elector if the elector’s registration was active prior to updating.

(2) If the county clerk receives a registration card updating an elector’s residence or mailing address after the deadline in ORS 247.025, the county clerk shall reissue a ballot to the elector if the elector’s registration was active prior to updating.
(3)(a) If the county clerk is required to reissue a ballot under subsection (2) of this section, the county clerk shall:

(A) Verify the registration of the elector and ensure that another ballot has not been returned by the elector;
(B) Mark the return identification envelope clearly so that it may be readily identified as a reissued ballot; and
(C) Reissue the ballot by mail or other means.

(b) A ballot reissued under this section must be received at the office of the county clerk, a place of deposit designated by the county clerk or any location described in ORS 254.472 or 254.474 not later than the end of the period determined under ORS 254.470 (1) on the date of the election. Upon receiving a voted ballot reissued under this section, the county clerk shall process the ballot.

(4) 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; 2008 c.53 §4; 2009 c.511 §23]

247.310 [Repealed by 1979 c.190 §431 and 1979 c.519 §38]

247.320 [Repealed by 1993 c.713 §43]

247.330 [Repealed by 1999 c.410 §67]

247.340 [Repealed by 1995 c.742 §20]

ELIGIBILITY IN PRESIDENTIAL ELECTIONS

247.410 Eligibility.
A person who is qualified to register, except that the person will have resided in this state less than 20 days before the election, may vote in the election for candidates for nomination or election for President or Vice President of the United States or elector of President and Vice President of the United States if the person:
(1) Did not vote for the nomination of such candidates in another state during the six months immediately preceding the person’s request for registration to vote for the nomination of such candidates in the 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 under ORS 247.410.
(1) A county clerk shall give a ballot marked “Federal only” to any person eligible under ORS 247.410 who personally appears in the office of the county clerk, completes a registration card and verifies eligibility to vote under ORS 247.410.
(2) No person shall supply any information 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; 2017 c.749 §3]

247.430 [Repealed by 1979 c.190 §431]

247.435 [Repealed by 2017 c.749 §62]

247.440 [Repealed by 1979 c.190 §431]

247.450 [Repealed by 1979 c.190 §431]

247.460 [Repealed by 1979 c.190 §431]

247.470 [Repealed by 1979 c.190 §431]

247.510 [Renumbered 247.910]

247.520 [Renumbered 247.920]

REMOVAL OF NAMES FROM REGISTER OF ELECTORS

247.550 [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 occurs after the date the notice was sent.

(2) If the registration of an elector is canceled, the elector, in order to vote in an election, must register as provided in this chapter. [1993 c.713 §24]

247.560 [Repealed by 1993 c.713 §43]

247.563 Notice of invalid registration.
(1) Except as provided 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 canceled 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 registration 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 indicating a change of residence or mailing address or from the United States Postal Service indicating a change of residence address and the registration of the elector is automatically 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 [Repealed by 1993 c.713 §43]

247.567 [Repealed by 1993 c.713 §43]

247.570 Furnishment of decedent information to the county clerk and Secretary of State; notice of deaths.
(1) Not later than five business days after receiving a report of death under ORS 432.133, 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 report of death. If the person was registered to vote in the county, the county clerk immediately shall cancel the registration of the person.
(2) Not later than five business days after receiving information from the county registrar 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 persons.
(3) The Oregon Health Authority, 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 report of death was not submitted to 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; 2009 c.595 §193; 2013 c.366 §72]

247.575 [Repealed by 1979 c.190 §431]

247.580 Retention of notices and elector listings.
(1) Copies of all notices and other correspondence issued 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 subsection (1) of this section by maintaining for two years:

(a) Computer listings of electors to whom the clerk issued notices or any other correspondence 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 [Repealed by 1993 c.713 §43]

247.590 [Repealed by 1993 c.713 §43]

247.595 [Repealed by 1993 c.713 §43]

247.600 [Renumbered 247.565]

247.610 [Repealed by 1975 c.766 §29]

247.620 [Repealed by 1975 c.766 §29]

247.625 [Repealed by 1975 c.766 §29]

247.630 [Repealed by 1967 c.64 §7]

247.640 [Repealed by 1967 c.64 §7]

247.650 [Repealed by 1975 c.766 §29]

247.905 [Repealed by 1979 c.190 §431]

247.910 [Repealed by 1979 c.190 §431]

247.915 [Repealed by 1979 c.190 §431]

247.920 [Repealed by 1969 c.421 §11]

247.925 [Repealed by 1979 c.190 §431]

247.935 [Repealed by 1979 c.190 §431]

LISTS OF ELECTORS

247.940 List of electors.
(1) A major political party qualified under ORS 248.006 or a minor political party qualified under ORS 248.008 may request from the Secretary of State a statewide list of electors, as described in ORS 247.945 (4). The list may not contain any information about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868 or any information that may not be publicly disclosed under ORS 247.948. A major political party or a minor political party may make no more than two separate requests under this subsection per primary election, general election or special election.
(2) A request for a list under subsection (1) of this section must be made:

(a) Not earlier than six months before the primary election, general election or special election; and
(b) Not later than the 15th day before the primary election, general election or special election.

(3) If the Secretary of State receives a request under subsection (1) of this section, the secretary shall deliver the list not later than 10 days after receiving the request.
(4) The Secretary of State 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; 2019 c.675, §5]

247.945 Delivery of list of electors.
(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 information about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868 or any information that may not be publicly disclosed under ORS 247.948. The lists shall be prepared in the manner requested, limited only to the capabilities of the Secretary of State or the county clerk.
(2) The county clerk shall collect and pay into the county treasury a charge for the actual cost of supplying lists under subsection (1) of this section.
(3) The county clerk shall keep a record of all persons to whom a list of electors is delivered under this section.
(4) Upon request, the Secretary of State shall deliver to any person a statewide list of electors. Except as provided in ORS 247.940 (4), the secretary shall charge a fee of $500 for delivering a list under this subsection. The list may not contain any information about participants in the Address Confidentiality Program established under ORS 192.820 to 192.868 or any information that may not be publicly disclosed under ORS 247.948. [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; 2019, c.675, §6]

247.948 Information contained in elector’s registration file.
(1)(a) Except as set forth in ORS 247.965 or 247.967, or as otherwise prohibited by law, the following information about an elector contained within an elector’s registration file is subject to inspection as a public record under ORS 192.311 to 192.478 and shall be included in lists delivered under ORS 247.940 and 247.945:

(A) The major political party or minor political party, if any, with which an elector is affiliated;
(B) The residence address of an elector;
(C) The address where an elector receives a ballot;
(D) The year in which an elector was born;
(E) The name or number of the precinct in which the elector resides;
(F) The precinct split of an elector;
(G) The administrative number for an elector that is used by the Secretary of State to determine which elections an elector may vote in;
(H) The telephone number of an elector;
(I) Whether or not an elector voted in previous elections; and
(J) During an election period, the ballot status of an elector. In order to comply with this subparagraph, during the election period, the secretary shall maintain a list of the ballot status of electors. The secretary shall update the list, and make available an updated version of the list, on each business day of the election period.

(b) As used in this subsection:

(A) “Ballot status” means whether or not an elector has cast a ballot in the election;
(B) “Election period” means the period of time beginning on the date that ballots for an election are first mailed to electors and ending on the date of the election; and
(C) “Precinct split” means the enhanced precinct name or number used to determine the specific ballot configuration that will be received by an elector who resides in a precinct that:

(i) Has more than one election district subdivision; and
(ii) Requires more than one ballot configuration for electors in the precinct.

(2) Except as set forth in ORS 247.973 or as otherwise required by law, the following information about an elector contained within an elector’s registration file is not subject to inspection as a public record under ORS 192.311 to 192.478 and may not be disclosed by the Secretary of State or a county clerk:

(a) The birth month of an elector;
(b) The day of the month on which an elector was born;
(c) The Social Security number of an elector;
(d) The driver license number of an elector; and
(e) The signature of an elector.

(3) Nothing in this section is intended to limit or restrict the disclosure of information that is otherwise subject to inspection as a public record under ORS 192.311 to 192.478.[2018, c.70, §21]

247.955 Use for commercial purposes.
(1) Except as provided in subsection (2) of this section, no person to whom a list of electors is made available or supplied under ORS 247.940 or 247.945 shall use any information 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]

DISCLOSURE OF RESIDENCE ADDRESS OR SIGNATURE OF ELECTORS

247.965 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 192.311 to 192.478.
(2) The county clerk shall keep the residence address of an elector exempt from disclosure as a public record under ORS 192.311 to 192.478 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 exemption 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 or the Secretary of State shall not be held liable for:

(a) Granting or denying an exemption from disclosure under this section; or
(b) Any unauthorized release of a residence address granted an exemption from disclosure under this section. [1993 c.616 §2; 1995 c.742 §9; 1999 c.410 §21; 2019, c.675, §7]

247.967 Conditions for disclosure of address of elector.
Notwithstanding any provision of ORS 192.311 to 192.478:
(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 circuit court of the county in which the administrative offices of the county clerk are located requesting disclosure of the residence address of any elector exempt from disclosure under ORS 247.965. The petitioner shall have the burden of showing the disclosure would not constitute an unreasonable invasion of privacy.
(3) The county clerk may not disclose the actual address, as defined in ORS 192.820, of an Address Confidentiality Program participant under ORS 192.820 to 192.868. [1993 c.616 §3; 2007 c.542 §13]

247.969 Rules defining “personal safety” under ORS 247.965
(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 residing 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 subsection (1) of this section. [1993 c.616 §7]

247.971 [Repealed by 1995 c.607 §91]

247.973 Inspection of signature
(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 192.311 to 192.478. The signature may be inspected in the Office of the Secretary of State or the office of the county clerk.

(2) A person may not make a copy of or provide to another person a copy of an individual’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.

(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 192.311 to 192.478.

(5) Identifying information relating to a disability of an elector that is entered into official voter registration records by an elections official is exempt from disclosure under ORS 192.311 to 192.478. [1999 c.824 §4; 2003 c.803 §15; 2007 c.156 §1; 2018 c.70 §22]

247.990 [Repealed by 1957 c.608 §231]

247.991 [Repealed by 1999 c.318 §55]

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Chapter 248 – Political Parties; Presidential Electors

GENERAL PROVISIONS

248.002 Definitions.
As used in this chapter:
(1) “Committee office” means chairperson, vice chairperson or other office the county or state central committee of a political 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 qualified to vote under section 2, Article II, Oregon Constitution.
(4) “Member” means an individual who is registered as being affiliated with the political party. [1979 c.190 §67]

248.004 Political parties; powers and liabilities.
(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 local 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 designate a central committee, such as a state, county or congressional district central committee, 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, creditors 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 liability of political committee directors, treasurers and candidates as provided in ORS chapter 260. [1993 c.797 §5]

248.005 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 Major political party; qualification and maintenance of status.
(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 registered in this state are registered as members of the party not later than the 275th day before the date of a primary election. An affiliation 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 registration requirements are satisfied.
(2) The number of electors described in subsection (1) of this section shall be calculated based on the number of electors registered in this state and eligible to vote, as reported on the official abstracts of the election, at the general election immediately preceding the deadline specified in subsection (1) of this section.
(3) After an affiliation of electors becomes a major political party under subsection (1) of this section, in order to maintain status as a major political party subject to ORS 248.007, the party must satisfy the registration 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 requirements 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 subsection (1) of this section for the first time, at the request of a representative of the affiliation 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 271st 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; 2017 c.749 §6]

Note: Section 1, chapter 119, Oregon Laws 2016, provides:
Sec. 1. For the purpose of maintaining status as a major political party under ORS 248.006 (3) for the period up to and including the general election to be held on November 6, 2018, the total number of registered electors in this state is deemed to be the total number of registered electors identified in the elector registration records of the Secretary of State on July 1, 2015. [2016 c.119 §1]

248.007 Applicability of ORS 248.012 to 248.315 to major political parties.
(1) Subject to ORS 248.005, a major political party may organize and select delegates to national party conventions in any manner.
(2) The provisions of ORS 248.012 to 248.315 do not apply to a major political party if the party has notified the Secretary of State as provided in subsection (5) of this section that the party does not intend to be subject to the provisions of ORS 248.012 to 248.315. References to precinct committeepersons in any provisions of ORS chapters 246 to 260 do not apply to a party described in this subsection.
(3) ORS 248.012 to 248.315 apply only to a major political party that has notified the Secretary of State as provided in subsection (5) of this section that the political party intends to be subject to the provisions of ORS 248.012 to 248.315. References to precinct committeepersons in any provisions of ORS chapters 246 to 260 shall apply to a party described in this subsection. If a major political party fails to notify the Secretary of State under this subsection, the party shall be considered subject to the provisions of ORS 248.012 to 248.315.
(4) A major political party shall notify the Secretary of State as provided in subsection (5) of this section if the party does not intend to be subject to the provisions of ORS 248.012 to 248.315 except that the party intends to elect precinct committeepersons. If a party notifies the Secretary of State under this subsection, the party shall elect precinct committeepersons only as provided in ORS 248.015 and shall elect precinct committeepersons in the same manner in all precincts in this state.
(5) Not later than the 271st 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 committeepersons under subsection (4) of this section, the party shall file with the Secretary of State, at the same time notice is given under this subsection, a copy of its organizational documents setting forth the manner in which its officers and managing committees are selected or any other manner in which it conducts its affairs.
(6) In each even-numbered year, a major political party shall file with the Secretary of State a statement indicating that the party is operating subject to ORS 248.012 to 248.315 or a copy of current organizational documents setting forth the manner in which its officers and managing committees are selected or any other manner in which it conducts its affairs. Material described in this subsection shall be filed between the 271st and the 277th 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 primary election. [1993 c.797 §3; 1995 c.712 §15; 2017 c.749 §5]

248.008 Minor political party; qualification and maintenance of status.
(1) An affiliation of electors becomes a minor political party in the state, a county or other electoral district, qualified to make nominations for public office in that electoral district and in any other electoral district wholly contained within the electoral district, when the affiliation of electors has acted as described in either paragraph (a) or (b) of this subsection:

(a)(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.

(B) The petition must contain only original signatures and must be filed not later than two years following the date the prospective petition is filed. The petition must state the intention to form a new political party and designate a name for the political party.
(C) Before circulating the petition, the chief sponsor of the petition must file with the Secretary of State a signed copy of the prospective petition. The chief sponsor must include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the petition. After the prospective petition is filed, the chief sponsor must notify the filing officer not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that:

(i) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no person would be paid for obtaining signatures of electors.
(ii) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more persons would be paid for obtaining signatures of electors.

(D) The circulator shall certify on each signature sheet that the circulator witnessed the signing 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.
(E) The Secretary of State shall verify whether the petition contains the required number of signatures of electors. The Secretary of State may not accept a petition for filing if it contains less than 100 percent of the required number of signatures. The Secretary of State by rule shall designate a statistical sampling technique to verify whether a petition contains the required number of signatures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures unless two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling. The Secretary of State may employ professional assistance to determine the sampling technique. The statistical sampling technique may be the same as that adopted under ORS 250.105.

(b) When the affiliation of electors has polled for any one of its candidates for any public office in the electoral district at least one percent of the total votes cast in the electoral district for all candidates for:

(A) Presidential elector at the last general election at which candidates for President and Vice President of the United States were listed on the ballot; or
(B) Any single state office to be voted upon in the state at large for which nominations by political parties are permitted by law at the most recent election at which a candidate for the office was elected to a full term.

(2) After satisfying either subsection (1)(a) or (b) of this section, the minor political party may nominate candidates for election at the next general election.
(3) A filing officer may not accept a certificate of nomination of a candidate nominated by a minor political party for a subsequent general election unless the minor political party has maintained status as a minor political party as described in subsection (4) of this section.
(4) In order to maintain status as a minor political party for a subsequent general election:

(a) 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; or
(b)(A) 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-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 must be registered as members of the party; and

(B) At least once in a four-year period, a candidate or candidates of the party must poll at least one percent of the total votes cast in the electoral district for all candidates for:

(i) Presidential elector at the last general election at which candidates for President and Vice President of the United States were listed on the ballot; or
(ii) Any single state office to be voted upon in the state at large for which nominations by political parties are permitted by law at the most recent election at which a candidate for the office was elected to a full term.

(5) An affiliation of electors that fails to maintain status as a minor political party ceases to be a minor political party on the 90th day before the date of the next general 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 determine at least once each month whether registration requirements to maintain status as a minor political party have been satisfied.
(7) If a minor political party changes its name, only those electors who register on or after the effective date of the name change as members of the party under the new party name shall be counted as members of the party.
(8) An affiliation of electors or a minor political party may not nominate a candidate who is the nominee of another political party at the same election in order to satisfy the one percent requirement referred to in subsection (1)(b) or (4)(b)(B) of this section.
(9) For purposes of this section, “subsequent general election” means any general election that is held after the first general election following qualification as a minor political party under subsection (1) of this section. [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; 2009 c.511 §4; 2013 c.517 §1]

Note: Section 9, chapter 8, Oregon Laws 2015, provides:
Sec. 9. (1) For the purpose of maintaining status as a minor political party under ORS 248.008 (4)(a) for the period up to and including the general election to be held on November 6, 2018, the total number of registered electors in this state is deemed to be the total number of registered electors identified in the elector registration records of the Secretary of State on July 1, 2015.
(2) For the purpose of maintaining status as a minor political party under ORS 248.008 (4)(b) for the general election to be held on November 6, 2018, the total number of 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 is deemed to be the total number of votes cast in the state or electoral district for Governor during the general election held on November 4, 2014. [2015 c.8 §9; 2016 c.104 §1]

248.009 Nomination of candidates by minor political party.
(1) A minor political party shall file with the filing officer a copy of its organizational 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 members of the party within the electoral district to participate in the process of making nominations 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 nomination 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 selected 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 political party, notice shall be published at least once in not fewer than three newspapers of general circulation within the electoral district for which the nomination will be made. If there are fewer than three newspapers of general circulation within the electoral district, 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 calculated to assure that party members in the electoral district receive notice of the convention. 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 [Repealed by 2019 c.675, §33]

248.011 Enforcement of ORS 248.005.
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 political party. [1995 c.606 §2]

248.012 Notice of committee meetings.
The chairperson of a county central committee or state central committee shall notify by postal mail or electronic 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, failure to give timely notice of the time, date and place of a meeting shall invalidate the business of the meeting. [Formerly 248.100; 2019 c.299, §1]

PRECINCT COMMITTEEPERSONS

248.015 Qualification and election of commiteepersons.
(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 precinct committeeperson for every 250 electors, or major fraction thereof, who are registered in the precinct 251 days before the primary election. In any event the political party members of a precinct shall be entitled to elect not less than two committeepersons in the precinct. A person may not hold office as precinct committeeperson in more than one precinct.
(2) A member of a major political party who meets the party membership requirements set forth in ORS 249.046 may become a candidate for precinct committeeperson of the precinct in which the person is registered, of a precinct within the same county adjoining that precinct or of a precinct that is both in the same county and state Representative district as the precinct in which the person is registered, by filing a declaration of candidacy described in ORS 249.031, except as provided in subsection (3) of this section.
(3) ORS 249.031 (1)(i) does 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 committeeperson of the precinct in which the member is registered, of a precinct within the same county adjoining that precinct or of a precinct that is both in the same county and state Representative district as the precinct in which the person is registered. A member elected by write-in votes must meet the requirements for write-in candidates set forth in this section and ORS 248.019 or 248.021.
(5) Unless a qualified person receives at least three votes, no person is deemed to have been elected as precinct committeeperson and the office of precinct committeeperson shall be vacant.
(6) The term of office of a precinct committeeperson is from the 24th day after the date of the primary election until the 24th day after the date of the next following primary election.
(7) A precinct committeeperson is not considered a public officer.[1965 c.407 §§3, 7; subsection (6) enacted as 1967 c.540 §3(3); 1969 c.282 §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; 2019 c.675, §26]

248.017 Candidacy for office of precinct committeeperson; attainment of age of 18 years after deadline.
Notwithstanding any provision of ORS 248.015, an otherwise qualified person who will attain the age of 18 years after the deadline for filing a declaration of candidacy for the office of precinct committeeperson and on or before the date of the primary election, and who is registered as a member of the major political party not later than 180 days before the date of the primary election, is eligible to file a declaration of candidacy for the office of precinct committeeperson, 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; 2019 c.675, §27]

248.018 [Repealed by 1979 c.190 §431]

248.019 Write-in candidate for precinct committeeperson; process.
(1) Subject to ORS 248.015 (4), a person may participate as a write-in candidate for precinct committeeperson by filing with the county elections official a declaration of write-in candidacy. The declaration shall be made on a form prescribed by the Secretary of State by rule and must be filed no later than 8 p.m. on the date of the election. The form prescribed by the secretary must require that the person:

(a) States that the person will serve as a precinct committeeperson if elected;
(b) Requests that the county elections official count any write-in votes received by the write-in candidate; and
(c) Attests that the person is legally qualified to serve as a precinct committeeperson.

(2) Upon receipt of the form filed under subsection (1) of this section, the county elections official shall determine whether the person meets the qualifications to serve as a precinct committeeperson. If the county elections official determines that the person meets the qualifications, the county elections official shall record the write-in votes received by the person during that election.
(3) If no person qualifies as a candidate or write-in candidate for a position of precinct committeeperson, that position shall be vacant. [2019, c.675, §16]

248.020 [Repealed by 1965 c.407 §18]

248.021 Nomination of separate elector as precinct committeeperson.
(1) An elector may nominate a separate elector as a write-in candidate for the office of precinct committeeperson if the elector making the nomination submits, not later than 8 p.m. on the date of the primary election, a write-in nomination on a form prescribed by the Secretary of State by rule. The write-in nomination shall:

(a) Certify that both the elector making the nomination and the write-in candidate:

(A) Are members of the same major political party; and
(B) Reside in the same county and within the same district boundary for the House of Representatives listed in ORS 188.290.

(b) Request that the county elections official count any write-in votes received by the write-in candidate.

(2) An elector who is nominated as a write-in candidate under this section is not eligible for election to the office of precinct committeeperson unless:

(a) The write-in candidate meets the qualifications set forth in ORS 248.015 (4); and
(b) The write-in candidate receives three or more votes.
[2019 c.675, §17]

248.023 Certificates of election.
(1) Not later than the 20th day after a primary election, the county elections official shall mail a certificate of election to each newly elected precinct committeeperson within the county. The county elections official also shall mail an “Acceptance of Office” form to each person elected by write-in votes to the office of precinct committeeperson who was nominated under ORS 248.021. The form shall include a statement to be signed by the person elected that the person is qualified to hold the office.
(2) A person elected by write-in votes to the office of precinct committeeperson shall be certified for the office by filing with the county elections official, not later than the 27th day after 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 elections official shall prepare, maintain and furnish to the chairpersons of the respective retiring county central committees within the county and the chairpersons of the state central committees, a list of the party precinct committeepersons elected and certified. At the same time the county elections official shall declare the other offices of precinct 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; 2019 c.675, §19]

248.024 Precinct committeeperson; resignation; ineligibility.
(1) A precinct committeeperson may resign from the office by filing a written notification of resignation with the county elections official. Upon receipt of this notification, the county elections official shall:

(a) Remove the name of the person from the list of precinct committeepersons.
(b) Declare that office vacant.
(c) Notify the appropriate county central committee.

(2)(a) The county central committee shall notify the county elections official when a precinct committeeperson changes party registration or dies or when a precinct committeeperson ceases to be registered in:

(A) The precinct in which the committeeperson was elected;
(B) A precinct adjoining the precinct in which the committeeperson was elected that is within the same county; or
(C) A precinct that is both within the same county and state Representative district as the precinct in which the committeeperson was elected.

(b) Upon receipt of this notification, if the county elections official determines that the notification is correct, the county elections official shall:

(A) Remove the name of the person from the list of precinct committeepersons.
(B) Declare that office vacant. [Formerly 248.047; 2019 c.675, §20]

248.025 [Renumbered 248.031]

248.026 Vacancy in office of precinct committeeperson.
(1) The members of a county central committee may fill a vacancy in the office of precinct committeeperson by selecting a member of the major political party who is registered in:

(a) The precinct in which the vacancy exists;
(b) A precinct adjoining the precinct in which the vacancy exists that is within the same county; or
(c) A precinct that is both within the same county and state Representative district as the precinct in which the vacancy exists.

(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 elections official of the proposed selection. The selection shall take effect when the county elections official upon timely verification of eligibility, places the name of the person selected on the list of precinct committeepersons. The county elections official 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 precinct 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; 2019 c.675, §21]

248.027 Continuation in office upon change in precinct.
A precinct committeeperson who represents a precinct which is subsequently combined, consolidated or abolished shall continue to be a member of the county central committee until the end of that committeeperson’s regular term of office. [Formerly 248.057]

248.029 Procedure for recall.
(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 committeeperson.
(2) A precinct committeeperson may be recalled by a petition signed by the number of party members equal to not less than 25 percent of the number of party members who voted in the precinct as it existed at the preceding primary election. The petitioners shall state in not more than 200 words on the recall petition the reasons for the recall. If the precinct committeeperson resigns, the resignation shall take effect on the date of the resignation. If the precinct committeeperson does not resign before the fifth day after the petition is filed with the county elections official, a special election shall be ordered by the county elections official to be held not later than the 25th day after the petition is filed to determine whether the precinct 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 precinct committeeperson’s justification of the committeeperson’s actions in office. The precinct 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 precinct committeeperson. [Formerly 248.053; 1981 c.173 §19; 1987 c.267 §11; 1995 c.712 §20; 2019 c.675, §22]

248.030 [Repealed by 1965 c.407 §18]

COUNTY CENTRAL COMMITTEE

248.031 Status and functions of central committee.
The precinct committeepersons 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 government within the county which is not controlled by the laws of this state. [Formerly 248.025]

248.033 Notice of organizational meeting.
(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 elections official not later than the 40th day before the date of the meeting. The retiring county central committee also shall send by postal mail or electronic mail a copy of the notice to the state central committee.
(3) Upon request of a county central committee, the county elections official shall provide the county central committee, without charge, a list of the names, addresses and other contact information, including electronic mail addresses or telephone numbers, of persons holding the office of precinct committeeperson for that major political party on the date the county elections official receives notice of an organizational meeting under subsection (2) of this section.
(4) The chairperson of the retiring county central committee shall send by postal mail or electronic 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 postal mail or electronic 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; 2019 c.675, §23]

248.035 Property transfer; election of officers; 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 officers 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 elections official and to the state central committee.
(3) Only a newly elected precinct committeeperson or a person appointed or selected to fill a vacancy in the office of precinct 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 vacancy in a committee office, the chairperson shall obtain from the county elections official a list of committee members. The list shall determine the eligibility of a precinct 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; 2019 c.675, §24]

248.040 [Repealed by 1965 c.407 §18]

248.043 Procedure if meeting not called; filling of vacancies.
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 chairperson 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 provided by applicable provisions of ORS 248.033 and 248.035. A temporary chairperson appointed when no precinct committeeperson is elected may appoint members to fill the vacancies in the office of precinct committeeperson for the precinct in which the persons are registered. A person so appointed may be removed from office at the pleasure of the central committee, but otherwise shall hold the office of precinct committeeperson for the unexpired term and shall have the powers, duties and privileges of a precinct committeeperson. When a person is appointed to the office of precinct committeeperson pursuant to this subsection, the temporary chairperson shall notify, in writing, the county elections official of the appointment. The county elections official shall place the name of the person appointed on the list of precinct committeepersons. [1965 c.407 §9(5),(6); 1979 c.190 §82; 2019 c.675, §25]

248.045 Prohibition of proxies; bylaws or rules; functions of executive committee.
Proxies in no instance shall be permitted to participate at any county central committee meeting. At any meeting of the county central committee, the committee may:
(1) Adopt, amend or repeal bylaws or rules for the government of the political party in the county.
(2) By the adoption of bylaws or of a resolution, select an executive committee and authorize the executive committee to exercise those powers delegated to it by the central committee including, but not limited to, the power to fill a vacancy in the office of committeeperson pursuant to ORS 248.026. In no event may the central committee delegate, or the executive committee exercise, the power to elect a person to, or fill a vacancy in a committee office. The persons selected as the executive committee need not be members of the county central committee.
(3) Except as provided by ORS 248.035 (3), grant participation and voting privileges to a:

(a) Person who holds a public office or an office of a political party.
(b) Person who has been nominated for a public office at the preceding 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 [Renumbered 248.024]

248.049 [Repealed by 1979 c.190 §431]

248.050 [Repealed by 1965 c.407 §18]

248.053 [Renumbered 248.029]

248.055 [Renumbered 248.026]

248.057 [Renumbered 248.027]

248.060 [Repealed by 1965 c.407 §18]

248.070 [Repealed by 1965 c.407 §18]

248.071 [Repealed by 1967 c.227 §1]

STATE CENTRAL COMMITTEE

248.072 Authority.
The state central committee is the highest party authority in the state and may adopt rules or resolutions for any matter of party government which is not controlled by the laws of this state. [1979 c.190 §84]

248.075 Notice of organizational meeting.
(1) The state central committee shall consist of at least two delegates from each county central committee and other delegates from each county equal to the number of party members in the county registered on the date of the primary election divided by 15,000. If the remaining number exceeds 7,500, one additional delegate shall represent the county. The delegates and an equal number of alternate delegates shall be selected by the county central committee. When a delegate of a county central committee is unable to attend a meeting of the state central committee, an alternate delegate of the county central committee may attend the meeting.
(2) The organizational meeting of a newly elected state central committee shall be held on a date to be determined by party rule. The retiring state central committee shall send by postal mail or electronic 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 central committee, the state central committee may notify members by means other than by postal mail or electronic mail.
(3) The chairperson of the retiring state central committee shall send by postal mail or electronic mail a notice of the meeting to the county central committees not later than the 45th day before the meeting. The state central committee may not reorganize without the mailing of this notification.
(4) If a county central committee fails to organize before the organizational meeting of the state central committee, the appointed temporary chairperson of the county central committee may act as the sole delegate from that committee to the state central committee.
(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 organizational meeting. A copy of the petition shall be sent by postal mail or electronic mail to each newly elected chairperson and vice chairperson of the county central committees not later than the sixth day before the meeting. A copy of the petition shall be filed with the Secretary of State. [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; 2019 c.299, §3]

248.080 [Repealed by 1965 c.407 §18]

248.085 Property transfer; election of officers; bylaws or rules; functionn of executive committee.
(1) At the organizational meeting of the state central committee:

(a) The officers of the retiring state central 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 chairperson, 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 committee 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 resolution, may select an executive committee and delegate powers to it. The persons selected as the executive committee need not be members of the state central committee. In no event may the central committee delegate, 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 committee of a temporary officer to fill a vacancy. [1965 c.407 §14; 1975 c.779 §11; 1979 c.190 §86]

248.090 [Repealed by 1975 c.779 §28]

248.095 [Repealed by 1993 c.797 §33]

248.100 [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 [Repealed by 1967 c.227 §1]

248.160 [Repealed by 1983 c.567 §22]

248.170 [Repealed by 1975 c.779 §28]

248.175 [Renumbered 171.062]

248.180 [Renumbered 171.064]

248.210 [Repealed by 1975 c.779 §28]

248.220 [Repealed by 1975 c.779 §28]

248.310 [Repealed by 1979 c.190 §431]

DELEGATES TO NATIONAL CONVENTIONS

248.315 Selection of delegates.
(1) After a presidential preference primary election, each major political party whose national affiliate holds a convention to select its nominee for President of the United States shall select delegates to the national convention of that party.
(2) Delegates to the national convention of a party shall be selected in the manner provided by party rules, which shall provide all electors registered as members of the party equal opportunity to participate in the selection of delegates.
(3) Delegates to the national convention of the party shall be selected so that the number of delegates who favor a certain candidate shall represent the proportion of votes received by the candidate in relation to the other candidates of that party at the presidential preference primary election. Each person selected as a delegate shall sign a pledge that the person will continue to support at the national convention the candidate for President of the United States the person is selected as favoring until:

(a) The candidate is nominated at the convention;
(b) The candidate receives less than 35 percent of the votes for nomination at the convention;
(c) The candidate releases the delegate from the pledge; or
(d) Two convention nominating ballots have been taken. [1975 c.779 §15; 1979 c.190 §88; 1979 c.748 §1; 1987 c.267 §15; 1993 c.797 §28]

248.320 [Repealed by 1975 c.779 §28]

248.325 [Repealed by 1975 c.779 §28]

248.330 [Repealed by 1975 c.779 §28]

248.340 [Renumbered 248.355]

248.350 [Repealed by 1975 c.779 §28]

248.352 [Repealed by 1975 c.779 §28]

248.354 [Repealed by 1975 c.779 §28]

PRESIDENTIAL ELECTORS

248.355 Selection of presidential electors; 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 candidates for elector of President and Vice President 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 candidate 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 candidates 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 Number of presidential electors.
(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 Representatives 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 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. [Amended by 1979 c.190 §90; 1993 c.493 §4]

248.370 Convening of electors; vacancies.
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 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 receive 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 [Repealed by 1987 c.718 §5]

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Chapter 249 – Candidates; Recall

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 or a write-in candidate.
(2) “County clerk” means the county clerk or the county official in charge of elections.
(3) “Elector” means an individual qualified to vote under section 2, Article II, Oregon 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 political party.
(6) “Minor political party” means a political party that has qualified as a minor political party under ORS 248.008.
(7) “Nonpartisan office” means the office of judge, Commissioner of the Bureau of Labor and Industries, any elected office of a metropolitan service district under ORS chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, sheriff, district attorney or any office designated nonpartisan by a home rule charter.
(8) “Prospective petition” means the information, except signatures and other identification of petition signers, required to be contained in a completed petition.
(9) “Public office” means any national, state, county, city or district office or position, except a political party office, filled by the electors.
(10) “State office” means Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, judge, state Senator, state Representative 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; 2009 c.491 §6; 2010 c.18 §2; 2011 c.731 §10; 2017 c.749 §51]

249.004 Document verification.
(1) A filing officer may verify the validity of the contents of the documents filed with the officer under this chapter.
(2) When a copy of any election document 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 minutes.
(1) Notwithstanding ORS 249.008 and 249.875, a petition or minutes for which original signatures are otherwise required may be accepted by the county clerk or the Secretary of State for signature verification, 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 original 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 disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. [1989 c.68 §11; 2017 c.749 §48]

249.006 Dating of petitions and declarations.
Immediately upon filing, a nominating petition, declaration of candidacy, 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 [Repealed by 1995 c.607 §91]

249.008 Verification of signatures; removal of prohibited signatures.
(1) Except as provided in subsection (2) of this section, before a nominating petition, minutes of an assembly of electors or petition by individual electors is offered for filing, the county clerk of each county in which the signatures were secured or the Secretary of State shall compare the signatures of electors on the petition or minutes with the signatures of the electors on the elector registration cards. Any petition or minutes submitted for verification under this section shall contain only original signatures. The county clerk or the secretary shall attach to the petition or minutes a certificate stating the number of signatures believed to be genuine. The certificate 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 petition is filed. No signature in violation of the provisions of this chapter shall be counted.
(2) If the total number of signatures presented to a county clerk or the Secretary of State for verification is 15,000 or more, the county clerk or secretary may use a statistical sampling technique authorized by the secretary to verify the signatures. The sample shall be drawn from at 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.
(4) The Secretary of State by rule shall establish procedures for verifying whether a petition submitted under this section contains the required number of signatures of electors. [Formerly 249.055; 1985 c.808 §10; 1989 c.68 §2; 1993 c.493 §6; 2017 c.749 §43]

249.009 Form of signature sheets; numbering.
(1) The Secretary of State by rule shall:

(a) Design the form of nominating or recall 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 petitions, certificates of nomination by individual 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 ordinance, 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 [Repealed by 1979 c.190 §431]

249.012 Certain records; preservation.
Certificates of nomination, acceptances 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.
(1) A person may not be a candidate for more than one lucrative office to be filled at the same election.

(2)(a) A person may not file a nominating petition or declaration of candidacy for more than one lucrative office or more than one office of precinct committeeperson before the date of the election at which a person will be nominated or elected to each office unless the person first files a written withdrawal, under ORS 249.170, of the person’s initial filing.

(b) Notwithstanding ORS 249.170, if a person files a declaration of write-in candidacy for an office of precinct committeeperson under ORS 248.019, any prior declaration of candidacy for the office of precinct committeeperson that was filed for that election by the same person is considered withdrawn.

(3) If at any time before the date of the election at which a person will be nominated or elected to each office it is determined that a person has filed two or more nominating petitions or declarations of candidacy for any lucrative office or two or more nominating petitions or declarations of candidacy for the office of precinct committeeperson without written withdrawal or withdrawals intervening, all such filings are invalid and any other filing made by the same person is void.
(4)(a) A person may not be a candidate for more than one position on the same district board to be filled at the same election.

(b) As used in this subsection, “district board” means the governing body of a district as defined in ORS 255.012.

(5) A person may not 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 unexpired 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; 2013 c.702 §1; 2019 c.675, §29]

249.014 [Renumbered 249.004]

249.015 [Repealed by 2005 c.797 §73]

MAJOR POLITICAL PARTY NOMINATIONS AND NOMINATIONS TO NONPARTISAN OFFICE

(Generally)

249.016 Nomination to major political party and nonpartisan office.
A candidate of a major political party for public office or a candidate for nonpartisan 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 nominating petition or declaration of candidacy.
(1) An eligible elector may become a candidate for nonpartisan office, or for the nomination 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]

249.023 Nomination of candidates attaining age of 18 years after deadling for filing petition.
Notwithstanding any provision of this chapter, and except as provided in section 8, Article IV, Oregon Constitution, and section 2, Article V, Oregon Constitution, an otherwise qualified person who will attain the age of 18 years after the deadline for filing a nominating petition or declaration of candidacy for nomination to any major political party office and on or before the date of the 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 petition for nomination to any major political party office, to be listed on the ballot and to be nominated for the office, including by write-in votes. [1993 c.583 §4; 1995 c.712 §24]

249.025 [Repealed by 1979 c.190 §431]

249.030 [Repealed by 1957 c.608 §231]

249.031 Contents of petition or declaration.
(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 nomination 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, during 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 committeeperson, 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 nomination of a major political party, a statement that the candidate, if not nominated, will not accept the nomination or endorsement 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 occupation, educational and occupational background and prior governmental experience.

(2) Subsection (1)(i) of this section does not apply to a candidate for election as a precinct committeeperson.
(3) The Secretary of State shall ensure that the templates for a nominating petition or declaration of candidacy provide the candidate with the option to provide the candidate’s race and ethnicity.
(4) A declaration of candidacy shall include a statement that the required fee is included with the declaration.
(5) If required by the national rules of the major political party, the declaration of a candidate for election as a precinct committeeperson shall include the name of the individual the candidate supports for President 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; 2009 c.11 §21; 2019 c.449, §7]

249.035 Filing officer.
A nominating petition, write-in form prepared under ORS 248.019 or 248.021 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 committeeperson shall be filed with the county elections official.
(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 elections official of the county in which the administrative office of the district 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; 2019 c.675, §18]

249.037 Time for filing
(1) Except as otherwise provided in this section, a nominating petition or declaration of candidacy shall be filed not sooner than the 250th day and not later than the 70th day before the date of the nominating election.
(2) If a vacancy occurs in a partisan elective office after the 80th day and before the 70th day before the nominating election, a nominating petition or declaration of candidacy for that office may be filed not later than the 65th day before the nominating election.
(3) A declaration of candidacy for the office of precinct committeeperson shall be filed not sooner than the 250th day and not later than the 70th day before the date of 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; 2011 c.652 §1; 2018 c.70 §8; 2019 c.675, §28]

249.040 [Repealed by 1957 c.608 §231]

249.041 [Renumbered 249.068]

249.042 Evidence of candidacy.
When an elector files with the appropriate filing officer the statement 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 office stated in the petition or declaration. [1979 c.190 §107; 2007 c.155 §2]

249.046 Conditions for party nomination; exceptions.
If a candidate has not been a member of the major political party for at least 180 days before the deadline for filing a nominating petition or declaration of candidacy, the candidate shall not be entitled to receive the nomination of that major political party. If a candidate’s registration becomes inactive, the inactive status shall not constitute a lapse of membership in the party if, immediately before the registration 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 nominating petition or declaration of candidacy. The requirement that the candidate be qualified 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 Eligibility of unsuccessful candidate.
A candidate for nomination of a major political party to a public office who fails to receive the nomination may not be the candidate of any other political 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 [Renumbered 249.076]

249.052 Determination of inhabitation of candidates; factors; verification of address within 100 radial yards of district boundary.
(1) For purposes of determining whether a candidate for the office of state Representative or state Senator has been an inhabitant of the district from which the Senator or Representative may be chosen as required by section 8, Article IV of the Oregon Constitution, an elections official may consider, but is not limited to considering, the following factors:

(a) Where the candidate receives personal mail;
(b) Where the candidate is licensed to drive;
(c) Where the candidate registers motor vehicles for personal use;
(d) Where any immediate family members of the candidate reside;
(e) The address from which the candidate pays for utility services;
(f) The address from which the candidate files any federal or state income tax returns; and
(g) The candidate’s voter registration, if any.

(2)(a) If the county clerk determines that the property indicated by the address information provided on a nominating petition or declaration of candidacy for nomination or election to the office of state Senator or state Representative is located less than 100 radial yards from the boundary of the district in which the candidate has filed for nomination or election, the Secretary of State shall verify the location of the residence of the candidate to determine whether the candidate is an inhabitant of the district.

(b) The Legislative Administration Committee shall make available to the secretary any mapping software and hardware used by the Legislative Assembly for redistricting to aid the secretary in verifying a candidate’s residence under this section. [2009 c.625 §2; 2011 c.691 §1]

Note: 249.052 was added to and made a part of ORS chapter 249 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

249.055 [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 officer 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, Representative 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 officer, district attorney, county judge who exercises judicial functions or circuit 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 persons 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; 2009 c.511 §5; 2011 c.731 §11]

249.060 [Renumbered 249.037]

(Nominating Petitions)

249.061 Nominating petition; procedure.
(1) A petition for nomination may not contain the name of more than one candidate.
(2) Before circulating a nominating petition, the candidate shall deliver to the officer with whom the petition will be filed:

(a) A statement signed by the candidate indicating that the candidacy is by prospective 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 nominating petition. After the nominating petition is filed, the candidate shall notify the filing officer not later than the 10th day after the candidate first has knowledge or should have had knowledge that:

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

(4) The circulator shall certify on each signature sheet that the circulator:

(a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector 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 petition.
(1) A nominating 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 member of the same major political party as is the candidate.
(2) A nominating petition of any candidate shall contain the number of signatures of electors required by ORS 249.068 or 249.072 and the residence or mailing address and name or number of the precinct, if known, of each elector whose signature appears.
(3) Pursuant to ORS 249.008, the county clerks or the Secretary of State shall certify the signatures contained in the nominating petition for genuineness. [1979 c.190 §112; 2007 c.155 §4; 2007 c.881 §3; 2017 c.749 §44]

249.068 Requirements for signing partisan petitions.
(1) Except as otherwise provided for a candidate for nonpartisan office 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 congressional district, as the case may be, for the candidates of that major political party for presidential electors at the last presidential 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 signatures 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 candidates of that major political party for presidential 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 nominate presidential electors at the last presidential 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 include those of at least 100 electors registered in each 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 section 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 signatures at least equal to two percent of the vote in the electoral district for the candidates of that major political party for presidential 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 Representatives under Article IV, section 6, of the Oregon Constitution, there shall be at least 500 signatures or the number of signatures 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 candidates of that major political party for presidential electors at the last presidential election, whichever is less; and
(c) In the case of a candidate nominated by a major political party that did not nominate presidential electors at the last presidential election, there shall be at least 500 signatures.
[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; 2018 c.70 §13; 2019 c.675, §11]

249.070 [Renumbered 254.076]

249.072 Requirements for signing nonpartisan petitions.
(1) If the nonpartisan 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, whichever is less. The signatures shall include those of at least 100 electors registered in each congressional district.
(2) The nominating petition for a nonpartisan office not provided for in subsection (1) of this section shall contain at least 500 signatures of electors in the electoral district, 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 Governor at the most recent election at which a candidate for Governor was elected to a full term, whichever is less.
[Formerly 252.810; 1987 c.707 §7; 1989 c.174 §2; 1999 c.410 §23; 2018 c.70 §12; 2019 c.675, §12]

249.076 Signers of petition; qualifications.
(1) A person who is not a member of the same major political party as the candidate 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 nonpartisan 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 Name of candidate for presidential nomination of major party on ballot.
(1) The name of a candidate for a major political party nomination for President 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 national 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 petition. The signatures shall be certified for genuineness by the county clerks or the Secretary of State under ORS 249.008.
(3) Before circulating the nominating petition, the chief sponsor shall file with the Secretary of State a signed copy of the prospective petition. The chief sponsor shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the petition. After the prospective petition is filed, the chief sponsor shall notify the 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; 2017 c.749 §45; 2019, c.675, §13]

249.080 [Repealed by 1957 c.608 §231]

249.085 [Repealed by 1989 c.218 §4]

(Nomination to Nonpartisan Office)

249.088 Number of nominees for election.
(1) Except as provided in ORS 249.091, at the nominating election held on the date of the primary election:

(a) Unless a candidate for nonpartisan office receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated.
(b) If a candidate for nonpartisan office receives a majority of votes cast for the office, that candidate is elected.

(2) The application of this section is subject to the provisions of a home rule charter. [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; 2011 c.607 §2]

249.090 [Repealed by 1979 c.190 §431]

249.091 Nomination of certain nonpartisan candidates without election.
(1) If a nominating petition or declaration of candidacy is filed by no more than two candidates for the office of sheriff, county treasurer or county clerk or by no more than two candidates to fill a vacancy in a nonpartisan office:

(a) The candidate or candidates are nominated; and
(b) The name or names of the candidate or candidates may not be printed on the ballot at the nominating election.

(2) If a nominating petition or declaration of candidacy is filed by more than two candidates for the office of sheriff, county treasurer or county clerk or by more than two candidates to fill a vacancy in a nonpartisan office:

(a) Unless a candidate receives a majority of the votes cast for the office, the two candidates who receive the highest number of votes are nominated.
(b) If a candidate receives a majority of the votes cast for the office, that candidate alone is nominated.

(3) The application of this section is subject to the provisions of a home rule charter. [1995 c.92 §4; 1995 c.607 §77a; 2007 c.154 §9; 2011 c.607 §3]

249.100 [Repealed by 1979 c.190 §431]

249.110 [Repealed by 1979 c.190 §431]

249.120 [Repealed by 1957 c.608 §231]

249.130 [Renumbered 249.006]

249.150 [Repealed by 1979 c.190 §431]

249.160 [Repealed by 1995 c.607 §91]

(Withdrawal Before Nomination)

249.170 Withdrawal of candidacy.
(1) A candidate who has filed a declaration of candidacy or a nominating 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 declaration or petition was filed. The statement shall be made under oath and state the reasons for withdrawal.
(2) The official with whom a declaration of candidacy is filed, upon request received not later than the 67th day before the date of the primary election, shall refund the filing 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.
Any person who has been nominated 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 withdrawal. The statement shall be signed by the candidate and filed not later than the 67th day before the general election with the officer with whom the candidate’s declaration of candidacy or nominating petition was filed. [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 Vacancy in nomination of major party.
(1) Except as provided in ORS 254.650, a vacancy in the nomination 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 officer with whom a declaration of candidacy for the office is filed of the name of the nominee.
(3) If the filing officer with whom a declaration of candidacy for the office is filed determines that the candidate who has been nominated by a major political party is ineligible to be elected to the office, the officer shall declare the nomination vacant and the political party shall select another candidate to fill the vacancy in the nomination as provided under this section.
(4) The Secretary of State by rule may adopt a schedule specifying the period following a vacancy within which a major political 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; 2009 c.511 §6]

249.200 Nomination by major party; vacancy in partisan office
(1) A major political party may nominate a candidate to fill a vacancy in a partisan elective office in the following manner:

(a) If the vacancy occurs on or before the 70th day before a nominating election, by selecting a nominee at the next nominating election; or
(b) If the vacancy occurs after the 70th day before the nominating election and on or before the 62nd day before the general election, by selecting a nominee as provided by party rule.

(2) The procedure under subsection (1) of this section shall not apply in any case in which one of the following specific procedures for filling a vacancy applies:

(a) The procedure specified in ORS 188.120 for the offices of Representative in Congress and United States Senator.
(b) The appointment procedure specified in ORS 171.051 to 171.064 for state legislative office.
(c) The procedure specified in ORS chapter 236 for county office.
(d) The procedure specified in ORS chapter 221 for city office.

(3) A party that selects a nominee under subsection (1)(b) of this section, immediately after the nomination, shall notify the filing officer with whom a declaration of candidacy for the office is filed of the name of the nominee by the most expeditious means practicable.
(4) The Secretary of State by rule may adopt a schedule specifying the period following a vacancy within which a major political party that selects a nominee under subsection (1)(b) of this section must notify the filing officer of the name of the nominee under subsection (3) of this section.
[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; 2018 c.70 §7]

249.205 Filling vacancy in nomination to nonpartisan office; procedure.
(1) If the only candidate nominated to a nonpartisan office dies, withdraws or becomes ineligible, or if a vacancy occurs in the nonpartisan office after the 70th day before the nominating election and on or before the 62nd day before the general election, a candidate for the office may file a declaration of candidacy in the manner provided for nonpartisan office or shall be nominated by nominating petition in the manner provided for nonpartisan office.
(2) The Secretary of State by rule may adopt a schedule for filing nominating petitions or declarations of candidacy under this section. The schedule may specify the period within which nominating petitions or declarations of candidacy must be filed after a vacancy occurs. [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 [Repealed by 1979 c.190 §431]

249.215 Vacancies occurring before the 61st day before the first general election.
(1) If a vacancy occurs in a state office before the 61st day before the first general election to be held during that term of office, the remaining two years of the term of the state office shall be filled by the electors at that general election.
(2) The remaining two years of the term of the state office shall commence on the second Monday in January following the general election. Any appointment made to fill the vacancy shall expire when a successor to the office is elected and qualified.
(3) Candidates for the remaining two years of the term of the state office under this section shall be nominated as provided in this chapter, with major political parties following the procedure set forth in ORS 249.200, except as follows:

(a) A minor political party, by party rule, or an assembly of electors or individual electors, may select a nominee; and
(b) The Secretary of State shall accept certificates of nomination and notifications of nominees filed with the secretary pursuant to a schedule for filing set by the secretary, but in any case not later than the 62nd day before the first general election.

(4) As used in this section, “state office” means the office of Governor, Secretary of State, State Treasurer, Attorney General and Commissioner of the Bureau of Labor and Industries. [2009 c.511 §22; 2011 c.731 §12; 2018 c.86, §2]

249.220 [Repealed by 1957 c.608 §231]

249.221 [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; renumbered 254.155]

249.364 [Formerly 249.580; 1979 c.190 §388; renumbered 260.675]

249.366 [Formerly 249.510; 1979 c.190 §259; renumbered 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]

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, assembly 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 nomination 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 accompany the certificate of nomination, the nominee, 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 Contents of 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 nomination.
(f) A statement that the candidate will qualify if elected.
(g) The signature of the candidate.
(h) A statement of the candidate’s occupation, educational and occupational background and prior governmental experience.

(2) The Secretary of State shall ensure that the template for a certificate of nomination provides the candidate with the option to provide the candidate’s race and ethnicity.
(3) For certificates of nomination of candidates for electors of President and Vice President of the United States, the names of the candidates for President and Vice President 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 nomination.
(4) 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; 2019 c.499, §8]

249.722 Time for filing certificate.
(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 later than the 70th day before the date of the general election.
(2) A certificate of nomination of a candidate for:

(a) State office, United States Senator or Representative in Congress shall be filed with the Secretary of State.
(b) County office shall be filed with the county clerk.
(c) City office shall be filed with the chief city elections officer.

(3) 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 nomination must be filed before the 61st day preceding 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.
(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 nomination 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 address 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 assembly and must be present when the assembly 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 nominations will be made, and the names and addresses 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 subsection (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 printer’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 section shall be delivered to the filing officer who will supervise the conduct of the nominating convention.
(6) The presiding officer of an assembly of electors shall deliver the signatures of assembly members entered in the minutes to the appropriate county clerks of the counties in which the assembly members live or to the Secretary of State if the Secretary of State is designated as the filing officer under ORS 249.035. The signatures shall be certified by the appropriate county clerk or by the Secretary of State under ORS 249.008. A copy of the minutes, certified by the secretary of the assembly, and the certificate of the county clerk or the Secretary of State shall be filed 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 certificate 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; 2017 c.749 §46]

249.737 Filing officer.
(1) The filing officer for the office for which nominations will be considered by an assembly of electors shall supervise the conduct of the nominating 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 consider nominations for an office for which the 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 consider 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.
(1) A certificate of nomination made by individual electors shall contain a number of signatures of electors in the electoral district equal to not less than one percent of the total votes cast in the electoral district for which the nomination is intended to be made, for all candidates for presidential electors at the last general election.
(2) Each elector signing a certificate of nomination made by individual electors shall include the residence or mailing address of the elector. Except for a certificate of nomination of candidates for electors of President and Vice President of the United States, a certificate of nomination made by individual electors shall contain the name of only one candidate.
(3) Before beginning to circulate the certificate of nomination, the chief sponsor of the certificate shall file a signed copy of the prospective certificate with the filing officer referred to in ORS 249.722. The chief sponsor of the certificate shall include with the prospective certificate a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the certificate. After the prospective certificate is filed, the chief sponsor shall notify the filing officer not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that:

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

(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 appears on the signature sheet; and
(b) Believes each individual is an elector registered in the electoral district.

(5) The signatures contained in each certificate of nomination made by individual electors shall be certified for genuineness by the county clerk or the Secretary of State under ORS 249.008.
(6) As used in this section, “prospective certificate” means the information, except signatures and other identification of certificate signers, required to be contained in a completed certificate of nomination. [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; 2017 c.749 §47]

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 nominations.
(1) Immediately 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 minor political party or identification of the assembly of electors making the nomination, and the names of the chairperson and secretary certifying it.
(e) If the certificate of nomination is made by individual electors, the total number of certified signatures contained in the certificate.

(2) As soon as an acceptance or withdrawal 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 Withdrawal of 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 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 before 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 Vacancy in nomination.
(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 provided by party rule.
(2) Subject to subsection (5) of this section, before the date of the general election, a vacancy in a nomination made by an assembly 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 reconvene 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 section, before the date of the general election, a vacancy in a nomination made by individual 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 Vacancy in nomination; filing of certificate.
(1) The certificate of nomination 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 appropriate 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 ballot. If the certification of candidates has already been sent to the county clerk, the Secretary of State or city filing officer immediately shall give written certification of the new candidate to each county clerk responsible for preparing ballots on which the office will appear. The certification shall state the name and residence of the candidate nominated to fill the vacancy, the office for which the nomination was made, the name of the minor political party the candidate represents or the name of the chairperson of the assembly nominating the candidate, and the name of the person for whom the candidate is substituted. Upon receipt 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.
(1) Pursuant to Article II, section 18, of the Oregon Constitution, an elector of the electoral district from which the public officer is elected may file a petition demanding the recall of the public officer. The production and circulation of the petition must conform to the requirements governing recall petitions set forth in ORS 250.048 and 250.052. 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 copy of the prospective petition signed by the chief petitioner.
(2) The chief petitioner shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the recall petition. After the prospective petition is filed, the chief petitioner shall notify the filing officer not later than the 10th day after the chief petitioner first has knowledge or should have had knowledge that:

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

(3) Each sheet of the recall petition 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 chief petitioner listed on the statement of organization filed under ORS 260.118.

(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 appears 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 listed on the statement of organization filed under ORS 260.118 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; 2009 c.818 §20; 2017 c.749 §52; 2019, c.675, §14]

249.870 Number of signers.
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 signatures. [Formerly 254.450; 1981 c.173 §27; 1985 c.808 §22; 1995 c.607 §21]

249.875 Time for completing filing.
(1) A recall petition 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 petition 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 signatures. The petition shall not be accepted for filing until 100 percent of the required number of signatures of electors have been verified.
(2) The provisions for verification of signatures on an initiative or referendum petition 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 a recall petition is submitted for signature verification, no elector who signed the petition may remove the signature of the elector from the petition. [1985 c.808 §21]

249.877 Statement of justification.
(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 statement 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]

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Chapter 250 – Initiative and Referendum

GENERAL PROVISIONS

250.005 Definitions.
As used in this chapter:
(1) “County clerk” means the county clerk or the county official in charge of elections.
(2) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Constitution.
(3) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.

(4) “Prospective petition” means the information, except signatures and other identification of petition signers, required to be contained in a completed petition. [1979 c.190 §140; 1983 c.392 §3]

250.010 [Amended by 1957 c.608 §120; repealed by 1979 c.190 §431]

250.015 Form of petition; signature sheets.
The Secretary of State by rule shall:
(1) Design the form of the prospective petition, and the initiative and the referendum petition, including the signature sheets, to be used in any initiative or referendum in this state.
(2) Designate the quality of paper to be used for signature sheets in order to ensure the legibility of the signatures.
(3) Prescribe a system for numbering the signature sheets to be used in any initiative or referendum in this state. [1979 c.190 §141; 1979 c.345 §1; 1981 c.909 §1; 1989 c.68 §5; 2005 c.22 §188]

250.020 [Amended by 1957 c.608 §121; 1961 c.121 §4; 1979 c.190 §232; 1979 c.519 §17; renumbered 254.085]

250.025 Signers of petition.
(1) Any elector may sign an initiative or referendum petition for any measure on which the elector is entitled to vote.
(2) After an initiative or referendum petition is submitted for signature verification, no elector who signed the petition may remove the signature of the elector from the petition. [Formerly 254.160; 1985 c.808 §24]

250.029 Form of withdrawal of initiative or referendum petition.
(1) Except as provided in subsection (2) of this section, the chief petitioners of an initiative or referendum petition may withdraw the petition at any time prior to the submission of the petition for signature verification.
(2) The chief petitioners of an initiative petition relating to a state measure may withdraw the petition at any time prior to the submission of the total number of signatures required on the petition for signature verification.
(3) The Secretary of State by rule shall design a form for use in filing a withdrawal of any initiative or referendum petition. The withdrawal form must be signed by all of the chief petitioners and filed with the filing officer. [1995 c.607 §25; 2009 c.533 §9]

250.030 [Amended by 1957 c.608 §122; 1961 c.121 §5; 1979 c.190 §233; 1979 c.317 §8a; 1979 c.519 §18a; renumbered 254.095]

250.031 Conduct of election under section 11, Article XI of Oregon Constitution.
The Secretary of State shall adopt administrative rules for the conduct of elections under section 11, Article XI of the Oregon Constitution, that include but are not limited to provisions that:
(1) Set forth the requirements for an election to which section 11 (8), Article XI of the Oregon Constitution, is applicable that are consistent with the voter registration requirements of ORS chapter 247 and with the federal National Voter Registration Act of 1993 (P.L. 103-31);
(2) Provide directions to election officers for calculating whether the required number of registered voters eligible to vote voted in the election; and
(3) Interpret the words “cast a ballot” in section 11 (8), Article XI of the Oregon Constitution, as meaning that a ballot was lawfully cast, whether or not the vote of that ballot may lawfully be counted for reasons other than the eligibility of the voter to vote. [1997 c.541 §310]

250.035 Form of ballot titles for state and local measures.
(1) The ballot title of any measure, other than a state measure, to be initiated or referred shall consist of:

(a) A caption of not more than 10 words which reasonably identifies the subject of the measure;
(b) A question of not more than 20 words which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote on the measure; and
(c) A concise and impartial statement of not more than 175 words summarizing the measure and its major effect.

(2) The ballot title of any state measure to be initiated or referred shall consist of:

(a) A caption of not more than 15 words that reasonably identifies the subject matter of the state measure. The caption of an initiative or referendum amendment to the Constitution shall begin with the phrase, “Amends Constitution,” which shall not be counted for purposes of the 15-word caption limit;
(b) A simple and understandable statement of not more than 25 words that describes the result if the state measure is approved. The statement required by this paragraph shall include either the phrase, “I vote” or “vote yes,” or a substantially similar phrase, which may be placed at any point within the statement;
(c) A simple and understandable statement of not more than 25 words that describes the result if the state measure is rejected. The statement required by this paragraph shall not describe existing statutory or constitutional provisions in a way that would lead an average elector to believe incorrectly that one of those provisions would be repealed by approval of the state measure, if approval would not have that result. Any thing or action described both in the statement required by paragraph (b) of this subsection and in the statement required by this paragraph shall be described using the same terms in both statements, to the extent practical. Any different terms must be terms that an average elector would understand to refer to the same thing or action. The statement shall include either the phrase, “I vote” or “vote no,” or a substantially similar phrase, which may be placed at any point within the statement; and
(d) A concise and impartial statement of not more than 125 words summarizing the state measure and its major effect.

(3) The statements required by subsection (2)(b) and (c) of this section shall be written so that, to the extent practicable, the language of the two statements is parallel.
(4) The statement required by subsection (2)(b) of this section shall be written so that an affirmative response to the statement corresponds to an affirmative vote on the state measure.
(5) The statement required by subsection (2)(c) of this section shall be written so that an affirmative response to the statement corresponds to a negative vote on the state measure.
(6) In the statements required by subsection (2)(b), (c) and (d) of this section, reasonable discretion shall be allowed in the use of articles and conjunctions, but the statements shall not omit articles and conjunctions that are necessary to avoid confusion to or misunderstanding by an average elector. [1979 c.190 §143; 1979 c.675 §1; 1985 c.405 §1; 1987 c.556 §1; 1987 c.875 §1; 1995 c.534 §1; 1997 c.541 §312; 1999 c.793 §1; 2001 c.104 §78; 2009 c.566 §3]

250.036 Form of ballot title for measure under section 11 (8), Article XI of Oregon Constitution.
(1) Notwithstanding any other provision of law, all ballot titles subject to section 11 (8), Article XI of the Oregon Constitution, shall include the following statement as the first statement of the ballot title summary:
______________________________________________________________________________
This measure may be passed only at an election with at least a 50 percent voter turnout.
______________________________________________________________________________
(2) As used in this section, “at least a 50 percent voter turnout” means a voter turnout that meets the requirements of section 11 (8), Article XI of the Oregon Constitution.
(3) The statement required by this section shall not be counted in determining the word count requirements of ORS 250.035.
(4) Subsection (1) of this section does not apply to the ballot title of a measure subject to section 11k, Article XI of the Oregon Constitution. [1997 c.541 §311; 2009 c.247 §1]

250.037 Form of ballot title for measure; request for approval.
(1) The ballot title of any measure requesting elector approval of bonds, the principal and interest on which will be payable from taxes imposed on property or property ownership that are not subject to the limitations of sections 11 and 11b, Article XI of the Oregon Constitution, shall contain, in addition to the matters required by ORS 250.035, the following statement immediately after the ballot title question and appearing with it, in this manner:
_____________________________________________________________________________
Question: (herein the question is stated) If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of sections 11 and 11b, Article XI of the Oregon Constitution.
_____________________________________________________________________________
(2) The words of the statement required by subsection (1) of this section are not counted for purposes of ORS 250.035.
(3) The ballot title statement for any measure requesting elector approval of bonds, the principal and interest on which is to be payable from taxes imposed on property or property ownership that are not subject to the limitations of sections 11 and 11b, Article XI of the Oregon Constitution, shall contain, in addition to the other requirements of ORS 250.035 and this section, a reasonably detailed, simple and understandable description of the use of proceeds.
(4) The front of the outer envelope in which the ballot title is delivered shall state, clearly and boldly printed in red, “CONTAINS VOTE ON PROPOSED TAX INCREASE.” [1991 c.902 §119; 1997 c.541 §313; 2007 c.154 §10]

250.038 Form of ballot title for measure; authority to impose local option taxes; elections by mail.
(1) In addition to meeting other applicable requirements of this chapter:

(a) The ballot title for a measure authorizing the imposition of local option taxes shall contain the statement required by ORS 280.070 (4) and the information required by ORS 280.070 (5);
(b) The ballot title for a measure authorizing the establishment of a permanent rate limitation shall contain the information required by ORS 280.070 (6); and
(c) Except as provided in subsection (2) of this section, the front of the outer envelope in which the ballot title is delivered shall state, clearly and boldly printed in red, one of the following statements:

(A) For a measure authorizing the imposition of local option taxes, “CONTAINS VOTE ON PROPOSED TAX INCREASE”; or
(B) For a measure authorizing a renewal of current local option taxes, “CONTAINS VOTE ON RENEWAL OF CURRENT LOCAL OPTION TAXES.”

(2) If a ballot contains a measure authorizing the imposition of local option taxes and a measure authorizing the renewal of a current local option tax, the front of the outer envelope in which the ballot is delivered shall state, clearly and boldly printed in red, “CONTAINS VOTE ON PROPOSED TAX INCREASE.” [1999 c.632 §25; 2007 c.154 §11; 2009 c.720 §2]

250.039 [Formerly ORS 250.055; repealed by 1995 c.534 §19]

250.040 [Repealed by 1957 c.608 §231]

250.041 Applicability of ORS 250.005 to 250.038.
ORS 250.005 to 250.038 apply to the exercise of initiative or referendum powers:
(1) Regarding a county measure, regardless of anything to the contrary in the county charter or ordinance.
(2) Regarding a city measure, regardless of anything to the contrary in the city charter or ordinance. [1983 c.514 §11; 2005 c.797 §54]

250.042 Certification by circulator.
If a signature sheet of a petition is not certified by the circulator as required under ORS 198.430, 198.750, 221.031, 248.008, 249.061, 249.740, 249.865, 250.045, 250.165, 250.265, 255.135, 261.115 and 545.025, signatures contained on the signature sheet may not be counted for purposes of determining whether the petition contains the required number of signatures of electors. [2007 c.848 §8b]

250.043 Initiative or referendum petition without original signatures; acceptance.
(1) Notwithstanding ORS 250.105, 250.215, 250.315 and 255.175, an initiative or referendum petition for which original signatures are otherwise required may be accepted by the appropriate filing officer for signature verification with photographic copies of one or more signature sheets if:

(a) The signature sheets containing the original signatures were stolen or destroyed by fire, a natural disaster or other act of God; and
(b) The photographic copy of each original signature sheet contains the number of the original signature sheets prescribed by the Secretary of State under ORS 250.015.

(2) As used in this section:

(a) “Act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.
(b) “Filing officer” means the Secretary of State in the case of an initiative or referendum petition relating to a state measure, the county clerk in the case of an initiative or referendum petition relating to a county measure, the city elections officer in the case of an initiative or referendum petition relating to a city measure and the elections officer as defined in ORS 255.005 in the case of an initiative or referendum petition relating to a district measure. [1989 c.68 §13]

250.044 Challenging constitutionality of state measure.
(1) An action that challenges the constitutionality of a measure initiated by the people or referred to the people for a vote must be commenced in the Circuit Court for Marion County if:

(a) The action is filed by a plaintiff asserting a claim for relief that challenges the constitutionality of a state statute or an amendment to the Oregon Constitution initiated by the people or referred to the people under section 1 (1) to (4), Article IV of the Oregon Constitution;
(b) The action is commenced on or after the date that the Secretary of State certifies that the challenged measure has been adopted by the electors and within 180 days after the effective date of the measure; and
(c) The action may not be commenced in the Oregon Tax Court.

(2) An action under subsection (1) of this section must be within the jurisdiction of circuit courts and must present a justiciable controversy. The plaintiff in an action subject to the requirements of this section must serve a copy of the complaint on the Attorney General.
(3) If an action subject to the requirements of this section is filed in a court other than the Circuit Court for Marion County, the other court, on its own motion or the motion of any party to the action, shall dismiss the action or transfer the action to the Circuit Court for Marion County.
(4) This section does not apply to any civil or criminal proceeding in which the constitutionality of a state statute or provision of the Oregon Constitution is challenged in a responsive pleading.
(5) If a judgment in an action subject to the requirements of this section holds that a challenged measure is invalid in whole or in part, a party to the action may appeal the judgment only by filing a notice of appeal directly with the Supreme Court within the time and in the manner specified in ORS chapter 19 for civil appeals to the Court of Appeals. Any party filing a notice of appeal under this subsection must note in the notice of appeal that the case is subject to this subsection.
(6) If a judgment in an action subject to the requirements of this section holds that a challenged measure is valid, a party to the action may appeal the judgment by filing a notice of appeal in the Court of Appeals within the time and in the manner specified in ORS chapter 19 for civil appeals. Notwithstanding ORS 19.405 (1), the party may move the Court of Appeals to certify the appeal to the Supreme Court, and the Court of Appeals acting in its sole discretion may so certify the appeal. If the Court of Appeals certifies the appeal to the Supreme Court, the Supreme Court shall accept or deny acceptance of the certification as provided in ORS 19.405 (2). [1997 c.794 §2]

STATE MEASURES

250.045 Submission of prospective petition
(1)(a) Before circulating a petition to initiate or refer a state measure under Article IV, section 1, of the Oregon Constitution, the petitioner shall file with the Secretary of State a prospective petition.

(b) The prospective petition for a state measure to be initiated:

(A) Shall contain the signatures of at least 1,000 electors; and
(B) May not contain the signatures of more than 2,000 electors.

(c) The signature sheets for a state measure to be initiated must be attached to a full and correct copy of the measure to be initiated.

(2) Before obtaining signatures on a prospective petition for a state measure to be initiated, the chief petitioners shall file with the secretary a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the prospective petition. After a statement has been filed under this subsection, the chief petitioners shall notify the secretary not later than the 10th day after any of the chief petitioners first has knowledge or should have had knowledge that:

(a) Any person is being paid for obtaining signatures, when the statement filed under this subsection declared that no such person would be paid.
(b) No person is being paid for obtaining signatures, when the statement filed under this subsection declared that one or more such persons would be paid.

(3) The secretary by rule shall establish procedures for verifying whether a prospective petition for a state measure to be initiated contains the required number of signatures of electors.
(4) The secretary shall date and time stamp the prospective petition and specify the form on which the initiative or referendum petition shall be printed for circulation as provided in ORS 250.052. The secretary shall retain the prospective petition.
(5) The chief petitioner may amend the state measure to be initiated that has been filed with the secretary without filing another prospective petition, if:

(a) The Attorney General certifies to the secretary that the proposed amendment will not substantially change the substance of the measure; and
(b) The deadline for submitting written comments on the draft title has not passed.

(6)(a) The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the secretary by rule.

(b) The cover of a referendum petition shall contain the final measure summary described in ORS 250.065 (1).
(c)(A) If a petition seeking a different ballot title is not filed with the Supreme Court by the deadline for filing a petition under ORS 250.085, the cover of an initiative petition shall contain the latest ballot title certified by the Attorney General under ORS 250.067 (2).

(B) If a petition seeking a different ballot title is filed with the Supreme Court by the deadline for filing a petition under ORS 250.085:

(i) The secretary may not issue an official template of the cover and signature sheets of the initiative petition until the Supreme Court has certified a final ballot title; and
(ii) The cover of the initiative petition shall contain the final ballot title certified by the court.

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

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

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

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

(A) Contain a notice describing the meaning of the color of the signature sheet in accordance with ORS 250.052; and
(B) If one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: “Some Circulators For This Petition Are Being Paid.” The notice shall be in boldfaced type and shall be prominently displayed on the sheet.

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

(9) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on the initiative or referendum petition.
(10) Not more than 20 signatures on the signature sheet of the initiative or referendum petition may be counted. The circulator shall certify on each signature sheet of the initiative or referendum petition that the circulator:

(a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector.

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

[1979 c.190 §144; 1979 c.345 §2; 1981 c.909 §2; 1983 c.514 §8; 1983 c.756 §9; 1985 c.447 §1; 1985 c.808 §25; 1987 c.519 §1; 1989 c.959 §3; 1992 c.1 §1; 1995 c.607 §26; 1997 c.846 §1; 1999 c.262 §2; 1999 c.318 §27; 1999 c.793 §2; 2001 c.965 §4; 2005 c.797 §36; 2007 c.159 §3; 2007 c.848 §8; 2009 c.533 §1; 2018 c.70 §17]

250.048 Obtaining signatures of electors; registration.
(1) A person may not pay money or other valuable consideration to another person for obtaining signatures of electors on a state initiative, referendum or recall petition or a prospective petition for a state measure to be initiated, and a person may not receive money or other valuable consideration for obtaining signatures of electors on a state initiative, referendum or recall petition or a prospective petition for a state measure to be initiated, unless the person obtaining the signatures:

(a) Registers with the Secretary of State in the manner prescribed by this section and by rule of the secretary; and
(b) Completes the training program prescribed by rule of the secretary.

(2) A person may apply to the secretary for a registration required under subsection (1) of this section. The application shall include:

(a) The full name and any assumed name of the applicant;
(b) The residential street address of the applicant;
(c) An example of the signature of the applicant;
(d) A list of the prospective petitions on which the applicant will gather signatures;
(e) A list of the initiative, referendum and recall petitions on which the applicant will gather signatures;
(f) If the applicant has been convicted for a criminal offense involving fraud, forgery or identification theft, information relating to the circumstances of the conviction as required by the secretary;
(g) A statement signed by the applicant acknowledging that the applicant has read and understands Oregon law applicable to the gathering of signatures on state initiative, referendum and recall petitions and prospective petitions for state measures to be initiated, as the law is summarized in the training program established by the Secretary of State;
(h) Evidence indicating that the applicant has completed the training required by the secretary by rule;
(i) A photograph of the applicant;
(j) A statement signed by a chief petitioner of each petition or prospective petition, or a person designated by a chief petitioner under this paragraph, upon which the applicant will gather signatures acknowledging that the chief petitioner is liable for violations of law or rule committed by the person obtaining signatures as provided in ORS 260.561. A chief petitioner may designate a person to sign a statement described in this paragraph on behalf of the chief petitioner; and
(k) A copy of the applicant’s criminal records check.

(3)(a) If an applicant complies with subsection (2) of this section, not later than five business days after the applicant applies, the secretary shall register the applicant and assign the applicant a registration number.

(b) A person who is registered to obtain signatures on a prospective petition for a state measure to be initiated need not reapply for a registration under this section in order to obtain signatures on a state initiative, referendum or recall petition, except that the person shall submit a list of the initiative, referendum and recall petitions on which the person will gather signatures.
(c) A registration to obtain signatures on a state initiative petition or a prospective petition for a state measure to be initiated is valid until the date that is four months before the next general election.
(d) A registration to obtain signatures on a referendum or recall petition is valid until the date the petition is filed for signature verification.

(4) A person may not apply for registration under this section if, during the five-year period prior to the date of application, the person:

(a) Has been convicted for a criminal offense involving fraud, forgery or identification theft in any state;
(b) Has had a civil penalty imposed under ORS 260.995 for a violation of this section, ORS 260.262, 260.555, 260.558, 260.575, 260.695 (1) or 260.715 (1) or Article IV, section 1b, of the Oregon Constitution; or
(c) Has had a civil or criminal penalty imposed for violation of a statute subject to a criminal penalty under ORS 260.993.

(5)(a) Upon request of the secretary, the Department of State Police shall furnish to the secretary any information that the department may have in its possession regarding an applicant, including but not limited to the Law Enforcement Data System established in ORS 181A.280, other computerized information and any other information to which the department may have access. Information obtained under this paragraph may be used to assist in determining the identity of an applicant or whether an applicant has been convicted of a criminal offense described in subsection (4) of this section.

(b) For purposes of receiving the information described in paragraph (a) of this subsection, the office of the Secretary of State is a “criminal justice agency” under ORS 181A.010 to 181A.350 and the rules adopted under ORS 181A.230.
(c) Upon submitting an application for registration described in subsection (2) of this section, an applicant is deemed to have given the consent necessary for purposes of this subsection.

(6)(a) A chief petitioner shall ensure that a criminal records check is conducted for each applicant seeking registration under this section to determine whether the applicant has been convicted of any of the crimes described in subsection (4)(a) of this section, or was subject to any of the penalties described in subsection (4)(b) and (c) of this section.

(b) The secretary by rule shall prescribe the scope of the criminal records check to be performed pursuant to this subsection. The applicant’s criminal records check may be conducted by either the chief petitioner or the applicant.
(c) An applicant seeking registration under this section is required to have only one criminal records check conducted for each period beginning the day the applicant registers with the Secretary of State under this section and ending four months before the next general election.

(7) If a person receives money or other valuable consideration for obtaining signatures of electors on a state initiative, referendum or recall petition or a prospective petition for a state measure to be initiated and the person was not registered as required under this section at the time the signatures were obtained, the secretary may not include any signatures obtained by the person in a count under ORS 250.045 (3) or 250.105 or ORS chapter 249 for purposes of determining whether the petition or prospective petition contains the required number of signatures of electors.
(8) A person registered under this section shall carry evidence of registration with the person while the person is obtaining signatures on a state initiative, referendum or recall petition or a prospective petition for a state measure to be initiated. The evidence of registration shall contain the photograph and registration number of the person. The secretary by rule shall designate the form of the evidence of registration.
(9) A photograph of an applicant submitted under subsection (2) of this section shall:

(a) Be a conventional photograph with a plain background;
(b) Show the face or the face, neck and shoulders of the applicant; and
(c) Be prepared and processed for printing as prescribed by the secretary.

(10) A person registered under this section may not obtain signatures on a petition or prospective petition for which the person is being paid and, at the same time, obtain signatures on a petition or prospective petition for which the person is not being paid. The secretary may not include any signatures obtained in violation of this subsection in a count under ORS 250.045 (3) or 250.105 or ORS chapter 249 for purposes of determining whether a state initiative, referendum or recall petition or a prospective petition for a state measure to be initiated contains the required number of signatures of electors.
(11) An organization or entity that pays money or other valuable consideration to a person for obtaining signatures of electors on a state initiative, referendum or recall petition or a prospective petition for a state measure to be initiated shall register with the Secretary of State by:

(a) Submitting the name and address of the organization or entity;
(b) Selecting one or more individuals who represent the organization or entity to complete the training program prescribed in subsection (1) of this section; and
(c) Submitting a statement signed by each individual selected:

(A) Acknowledging that the individual has read and understands Oregon law applicable to the gathering of signatures on state initiative, referendum and recall petitions and prospective petitions for state measures to be initiated, as the law is summarized in the training program established by the secretary; and
(B) Affirming that the organization or entity operates in compliance with the law.

(12) The secretary shall adopt rules necessary to implement this section, including rules:

(a) Establishing procedures for registering persons or organizations or entities as described in this section; and
(b) Establishing a training program prescribed in subsection (1) of this section. [2007 c.848 §2; 2009 c.533 §2; 2009 c.720 §6; 2010 c.9 §4; 2011 c.547 §42; 2013 c.519 §1; 2013 c.759 §1; 2014 c.67 §1; 2014 c.112 §1]

250.050 [Repealed by 1957 c.608 §231]

250.052 Petition templates.
(1)(a) For each state initiative, referendum or recall petition, the Secretary of State shall prepare official templates of the cover and signature sheets for the petition. Except as provided in this section, templates of cover and signature sheets for state initiative and referendum petitions are subject to the requirements of ORS 250.045. The templates of signature sheets to be used by persons who are being paid to obtain signatures on the petition shall be a different color from the sheets to be used by persons who are not being paid to obtain signatures on the petition.

(b) For each prospective petition for a state measure to be initiated the secretary shall prepare official templates of the cover and signature sheets. The templates of signature sheets to be used by persons who are being paid to obtain signatures on the prospective petition shall be a different color from the sheets to be used by persons who are not being paid to obtain signatures on the prospective petition. Each signature sheet for the prospective petition shall:

(A) Contain a notice describing the meaning of the color of the signature sheet; and
(B) If one or more persons will be paid for obtaining signatures of electors on the prospective petition, contain a notice stating: “Some Circulators For This Prospective Petition Are Being Paid.” The notice shall be in boldfaced type and shall be prominently displayed on the sheet.

(2) A person obtaining signatures on a state initiative, referendum or recall petition or a prospective petition for a state measure to be initiated may use only the cover and signature sheets contained in the official templates prepared for the petition or prospective petition. A person who is being paid to obtain signatures on the petition or prospective petition shall use the signature sheet template designated for use by persons being paid to obtain signatures. A person who is not being paid to obtain signatures on the petition or prospective petition shall use the signature sheet template designated for use by persons who are not being paid to obtain signatures.
(3)(a) The secretary shall issue templates for a petition or prospective petition only to a chief petitioner of the petition or prospective petition or to an agent designated by a chief petitioner.

(b) If the ballot title for a state initiative petition has been challenged under ORS 250.085, the secretary may not issue an official template for the initiative petition until the Supreme Court has certified a final ballot title.

(4) The secretary shall issue official templates to a chief petitioner or designated agent not later than:

(a) Three business days after the deadline for filing a petition under ORS 250.085 relating to a ballot title certified by the Attorney General for the state initiative petition or, if a petition is filed with the Supreme Court under ORS 250.085, three business days after the Supreme Court certifies to the secretary a final ballot title for the state initiative petition;
(b) Three business days after a prospective petition is filed under ORS 249.865 or 250.045 for a state recall petition or state referendum petition; or
(c) Three business days after the chief petitioner files a statement with the secretary under ORS 250.045 (2) for a prospective petition for a state measure to be initiated.

(5) The secretary by rule shall establish a process by which a chief petitioner of a state initiative, referendum or recall petition or a prospective petition for a state measure to be initiated may request a modification of the templates issued under subsection (4) of this section.
(6)(a) In addition to the templates prepared under subsections (1) to (5) of this section, for each state initiative, referendum or recall petition or prospective petition, the secretary shall prepare an official electronic template of a signature sheet for the petition or prospective petition.

(b)(A) A template prepared under this subsection shall provide:

(i) Space for the signature of one elector to signify support for the state initiative, referendum or recall petition or prospective petition; and
(ii) Space for the signature of the same elector to certify that the elector received a copy of the electronic signature sheet in compliance with paragraph (c)(B) of this subsection.

(B) The Secretary of State or county clerk may tally only electronic signature sheets that are signed in both spaces described in this paragraph.

(c)(A) An elector may print a copy of the electronic signature sheet for a petition or prospective petition, sign the sheet and deliver the signed sheet to a chief petitioner or an agent designated by a chief petitioner.

(B) Only an elector who either has personally printed a copy of the electronic signature sheet of a petition or prospective petition or has requested that a separate person print a copy of the electronic signature sheet specifically for the elector may sign the sheet. A copy of an electronic signature sheet may not be signed by an elector who did not either print the sheet or request that the sheet be printed specifically for the elector.

(d) Electronic templates described in this subsection are subject to the requirements of ORS 250.045, other than ORS 250.045 (9) and (10), and the template must include a full and correct copy of the measure to be initiated or referred.
(e) Except as provided in paragraph (c)(B) of this subsection, a person who is obtaining signatures on a petition or prospective petition, whether paid or unpaid, may not provide a printed electronic signature sheet to an elector.

(7) The secretary shall adopt rules prescribing the contents and method of production of official templates required under this section.
[2007 c.848 §3; 2009 c.533 §3; 2017 c.749 §14; 2018 c.70 §18; 2019 c.681, §1]

250.055 [1979 c.675 §3; 1981 c.145 §1; renumbered 250.039]

250.060 [Repealed by 1957 c.608 §231]

250.062 Similar state initiative measures; identical draft ballot titles.
If the Attorney General determines that the subject, purpose and major effect of two or more state initiative measures to be submitted at the same election are substantially similar, the Attorney General shall provide identical draft ballot titles for the measures. [2009 c.566 §2]

250.065 Preparation of ballot titles for certain state measures.
(1) When a prospective petition for a state measure to be referred is filed with the Secretary of State, the secretary shall authorize the circulation of the petition using the final measure summary of the latest version of the printed, engrossed measure in lieu of the ballot title. On the next business day after the referendum petition has been filed containing the required number of verified signatures, the Secretary of State shall send one copy of the prospective petition to the Attorney General.
(2) When an approved prospective petition for a state measure to be initiated is filed with the Secretary of State, the secretary immediately shall send one copy of it to the Attorney General.
(3) Not later than the fifth business day after receiving the copy of the prospective petition for a state measure to be initiated, the Attorney General shall provide a draft ballot title for the state measure to be initiated and send one copy of the ballot title to the Secretary of State.
(4) Not later than the 10th business day after receiving the copy of the prospective petition for a state measure to be referred, the Attorney General shall provide a draft ballot title for the state measure to be referred and send one copy of the draft ballot title to the Secretary of State. [Formerly 254.055; 1985 c.447 §2; 2005 c.797 §37; 2007 c.848 §9; 2017 c.749 §16]

250.067 Notice of draft ballot title.
(1) The Secretary of State, upon receiving a draft ballot title from the Attorney General under ORS 250.065 or 250.075, shall provide reasonable statewide notice of having received the draft ballot title and of the public’s right to submit written comments as provided in this section. Written comments concerning a draft ballot title may be submitted to the secretary not later than the 10th business day after the secretary receives the draft title from the Attorney General. On the next business day after the deadline for submitting comments, the secretary shall send a copy of all written comments to the Attorney General. The secretary shall maintain a record of written comments received.

(2)(a) If written comments are submitted to the secretary under subsection (1) of this section, the Attorney General shall consider the comments and certify to the secretary either the draft ballot title or a revised ballot title not later than the 10th business day after receiving the comments from the secretary.

(b) If no written comments are submitted to the secretary, the Attorney General shall certify the draft ballot title not later than the 21st business day after the secretary receives the draft title from the Attorney General. If the Attorney General determines that a draft ballot title described in this paragraph contains a clerical error, the Attorney General may correct the error before certifying the corrected draft ballot title to the secretary.
(c) If the Attorney General determines that a ballot title certified under this subsection contains a clerical error, the Attorney General may correct the error and certify to the secretary a corrected ballot title not later than the 10th business day after the date the ballot title was certified.
(d) The secretary shall furnish the chief petitioner with a copy of each ballot title certified under this subsection.

(3) Unless the Supreme Court certifies a different ballot title, the latest ballot title certified by the Attorney General under subsection (2) of this section is the title to be printed in the voters’ pamphlet and on the ballot.
(4) If a petition is filed with the Supreme Court as provided in ORS 250.085, the Secretary of State shall file with the Supreme Court a copy of the written comments received as part of the record on review of the ballot title.
(5) The secretary by rule shall specify the means for providing reasonable statewide notice for submitting comments on a draft ballot title.
(6) As used in this section, “clerical error” means a typographical, arithmetical or grammatical error or omission that is evident from the text of the draft or certified ballot title or by comparison of the text of the draft or certified ballot title with a written explanation that was provided by the Attorney General and issued concurrently with the draft or certified ballot title. [1985 c.447 §5; 1989 c.503 §5; 2001 c.802 §1; 2005 c.797 §38; 2007 c.159 §1; 2007 c.848 §10; 2017 c.749 §15]

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 for certain measures by legislature.
(1) When the Legislative Assembly refers a measure to the people, a ballot title for the measure may be prepared by the assembly. The ballot title shall be filed with the Secretary of State when the measure is filed with the Secretary of State.
(2) If the title is not prepared under subsection (1) of this section, when the measure is filed with the Secretary of State, the secretary shall send one copy of the referred measure to the Attorney General. Not later than the 30th day after the Legislative Assembly adjourns, the Attorney General shall provide a draft ballot title for the measure. The Attorney General shall send a copy of the draft ballot title to each member of the Legislative Assembly, and file with the Secretary of State a copy of the 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; 2017 c.749 §17]

250.080 [Amended by 1979 c.190 §242; renumbered 254.185]

250.085 Dissatisfaction with title of state measure; Supreme Court review.
(1) Any elector dissatisfied with a ballot title prepared by the Legislative Assembly for a measure referred to the people by the assembly and filed with the Secretary of State may petition the Supreme Court seeking a different title. The petition shall state the reasons that the title filed with the Secretary of State does not substantially comply with the requirements of ORS 250.035.
(2) Any elector dissatisfied with the latest ballot title for an initiated or referred measure certified by the Attorney General and who timely submitted written comments on the draft ballot title may petition the Supreme Court seeking a different title. The petition shall state the reasons that the title filed with the Secretary of State does not substantially comply with the requirements of ORS 250.035.
(3) The petition shall name the Attorney General as the respondent and must be filed:

(a) Not later than the 10th business day after the Attorney General certifies a ballot title or a corrected ballot title to the Secretary of State, whichever is later; or
(b) If the title is provided by the Legislative Assembly under ORS 250.075, not later than the 10th business day after the Legislative Assembly files the ballot title with the Secretary of State.

(4) An elector filing a petition under this section shall notify the Secretary of State in writing that the petition has been filed. The notice must be received in the office of the Secretary of State not later than 5 p.m. on the next business day following the day the petition is filed.
(5) The Supreme Court shall review the title for substantial compliance with the requirements of ORS 250.035.
(6) When reviewing a title certified by the Attorney General, the Supreme Court shall not consider arguments concerning the ballot title not presented in writing to the Secretary of State unless the court determines that the argument concerns language added to or removed from the draft title after expiration of the comment period provided in ORS 250.067.
(7) The review by the Supreme Court shall be conducted expeditiously to ensure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors.
(8) If the Supreme Court determines that the latest ballot title certified by the Attorney General or prepared by the Legislative Assembly substantially complies with the requirements of ORS 250.035, the court shall certify the title to the Secretary of State. If the Supreme Court determines that the latest ballot title certified by the Attorney General or prepared by the Legislative Assembly does not substantially comply with the requirements of ORS 250.035, the court shall modify the ballot title and certify the ballot title to the Secretary of State or refer the ballot title to the Attorney General for modification.
(9) Not later than five business days after the Supreme Court refers a ballot title to the Attorney General under this section, the Attorney General shall file a modified ballot title with the Supreme Court and serve copies of the modified ballot title on all parties to the ballot title review proceeding. If no party to the ballot title review proceeding files an objection to the modified ballot title within five business days after the date the modified ballot title is filed, the Supreme Court shall certify the modified ballot title to the Secretary of State and enter an appellate judgment the next judicial day. If any of the parties to the ballot title review proceeding timely files a petition objecting to the modified ballot title, the Supreme Court shall review the modified ballot title to determine whether the modified ballot title substantially complies with the requirements of ORS 250.035.
(10) Upon the filing of a petition under subsection (9) of this section objecting to a modified ballot title:

(a) If the Supreme Court determines that the modified ballot title substantially complies with the requirements of ORS 250.035, the court shall certify the modified ballot title to the Secretary of State; or
(b) If the Supreme Court determines that the modified ballot title does not substantially comply with the requirements of ORS 250.035, the court shall modify the ballot title and certify the ballot title to the Secretary of State or refer the modified ballot title to the Attorney General for additional modification and further proceedings under subsection (9) of this section. [Formerly 254.077; 1983 c.514 §9; 1985 c.447 §6; 1987 c.519 §2; 1989 c.503 §6; 1993 c.493 §96; 1995 c.534 §2; 2001 c.802 §2; 2007 c.159 §2]

250.090 [Amended by 1957 c.608 §124; 1979 c.190 §243; renumbered 254.195]

250.095 State measures affecting a county or district.
A law enacted by the Legislative Assembly relating only to a county or district may be referred by the Legislative Assembly or by petition to the people of the county or district. The percentage of signatures required under section 1, Article IV, Oregon Constitution, for a referendum petition filed under this section shall be based on the vote for Governor within the county or district. [1979 c.190 §148]

250.100 [Repealed by 1957 c.608 §231]

250.105 Signature verification; filing.
(1)(a) An initiative or referendum petition relating to a state measure must be filed with the Secretary of State for the purpose of verifying whether the petition contains the required number of signatures of electors.

(b) Signatures previously verified on a prospective petition for a state measure to be initiated shall be included in the calculation under this section for the purpose of verifying whether the initiative petition contains the required number of signatures of electors.
(c) When filing an initiative or referendum petition, the signature sheets must be sorted on the basis of the name of the person who obtained the signatures on the sheet.
(d) The secretary shall adopt rules establishing procedures for verifying signatures on an initiative or referendum petition.
(e) A filed initiative or referendum petition must contain only original signatures. The secretary or county clerk shall verify each petition in the order in which the petitions are filed with the secretary.

(2)(a) Once every month, the chief petitioner, or agent on behalf of the chief petitioner, of an initiative petition relating to a state measure shall file with the secretary all signature sheets containing signatures of electors obtained by a person being paid to obtain signatures on the petition since the previous monthly filing. The secretary shall hold all signature sheets filed under this subsection unless the chief petitioner withdraws the petition.

(b) The secretary shall adopt rules prescribing the dates by which signature sheets must be filed each month. The secretary may not accept signature sheets containing signatures of electors obtained by a person being paid to obtain signatures on the petition before the previous monthly filing deadline prescribed under this paragraph for purposes of determining whether an initiative petition relating to a state measure contains the required number of signatures of electors under this section.

(3) The secretary may not accept a referendum petition relating to a state measure for filing if the petition contains less than 100 percent of the required number of signatures. The secretary may not determine whether an initiative petition contains the required number of signatures of electors unless at least 100 percent of the required number of signatures have been filed with the secretary.
(4) If the total number of signatures required on an initiative petition or referendum petition is submitted not less than 165 days before the election at which the proposed measure is to be voted upon and if the secretary determines that insufficient signatures have been submitted but the deadline for filing signatures on the petition has not passed, the petitioners may submit additional signatures.
(5) The secretary by rule shall designate a statistical sampling technique to verify whether a petition contains the required number of signatures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures unless two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling. If two samplings are required under this subsection, the total number of signatures verified on the petition shall be not less than five percent of the total number of signatures on the petition.
(6) For purposes of estimating the number of duplicate signatures contained in a petition, the secretary shall apply at least an eight percent duplication rate in the first sampling of signatures on all petitions. If a second sampling of signatures is required under subsection (5) of this section, the secretary shall calculate an estimated signature duplication rate for each petition for which a second sampling is required. The calculation shall be based on the number of electors the secretary determines have signed a specific petition more than once.
(7) When verifying signatures for a state initiative or referendum petition, the secretary or county clerk shall identify on an elector’s voter registration record or other database that the elector signed the specific initiative or referendum petition.
(8) The Secretary of State may employ professional assistance to determine the sampling technique to be designated under subsection (5) of this section.
(9) The Secretary of State and the county clerk, if requested, shall permit authorized persons to be at the office of the secretary or county clerk to watch the verification of signatures on a state initiative petition or prospective petition for a state measure to be initiated under this section. The authorization shall be in writing and shall be filed with the secretary or county clerk. The secretary or county clerk shall permit only as many persons as watchers under this subsection as will not interfere with an orderly procedure at the office of the secretary or county clerk. [1979 c.190 §149; 1985 c.447 §7; 1989 c.68 §6; 1999 c.1021 §1; 2007 c.848 §11; 2009 c.533 §8; 2009 c.720 §5; 2013 c.519 §2]

250.110 [Amended by 1953 c.632 §6; 1957 c.608 §126; 1961 c.170 §2; subsection (7) enacted as 1967 c.26 §4; 1977 c.508 §6; 1979 c.190 §237; renumbered 254.135]

250.115 Numbering of state measures.
(1) The Secretary of State shall number the measures to be voted on in the state at large consecutively and shall not repeat any number in any subsequent election. For each election, the numbers assigned shall begin with the number after the last number assigned under this section at the previous election. The Secretary of State shall number amendments to the Oregon Constitution referred to the people by the Legislative Assembly in the order that the amendments are filed with the Secretary of State, followed immediately in number by Acts of the Legislative Assembly submitted to the people for approval or rejection in the order that the Acts are filed with the Secretary of State, followed immediately in number by initiative or referendum petitions in the order that the petitions are filed for signature verification with the Secretary of State.
(2) The Secretary of State shall number state measures not referred to under subsection (1) of this section consecutively, beginning with the number after the last number assigned under subsection (1) of this section, in the order in which the measures are filed with the secretary. [1979 c.190 §150; 1993 c.493 §14; 2001 c.267 §1; 2008 c.33 §1]

250.120 [Amended by 1953 c.632 §6; repealed by 1957 c.608 §231]

250.121 [1957 c.608 §130; 1961 c.68 §2; 1979 c.190 §244; renumbered 254.205]

250.125 Financial impact of state measures.
(1) When a state measure involves expenditure of public moneys by the state, reduction of expenditure of public moneys by the state, reduction of state revenues or raising of funds by the state by imposing any tax or incurring any indebtedness, the financial estimate committee created under this section shall estimate:

(a) The amount of direct expenditure, direct reduction of expenditure, direct reduction in state revenues, direct tax revenue or indebtedness and interest that will be required to meet the provisions of the measure if it is enacted; and
(b) The aggregate amount of direct expenditure, direct reduction of expenditure, direct reduction in revenues, direct tax revenue or indebtedness and interest that will be required by any city, county or district to meet the provisions of the measure if it is enacted.

(2) For a state measure for which an estimate is required to be prepared under subsection (1) of this section, the financial estimate committee may estimate the aggregate amount of direct expenditure, direct reduction of expenditure, direct reduction in revenues, direct tax revenue or indebtedness and interest that will be required by any federally recognized Native American or American Indian tribal government to meet the provisions of the measure if it is enacted.
(3) If the Legislative Assembly has enacted a law that will apply only if the measure for which an estimate is required to be prepared under subsection (1) of this section is not enacted, the financial estimate committee may also estimate the amount of direct expenditure, direct reduction of expenditure, direct reduction in revenues, direct tax revenue or indebtedness and interest that will result for the state, any city, county or district or any federally recognized Native American or American Indian tribal government if the measure is not enacted.
(4) For a state measure for which an estimate is required to be prepared under subsection (1) of this section, the financial estimate committee shall consult with the Legislative Revenue Officer to determine if the measure has potentially significant indirect economic or fiscal effects. If the committee determines that the indirect economic or fiscal effects of the measure are significant and can be estimated, the Legislative Revenue Officer shall prepare on behalf of the committee an impartial estimate of the indirect economic or fiscal effects of the measure. The Legislative Revenue Officer shall use the best available economic models and data to produce the estimate. The financial estimate committee shall incorporate relevant parts of the estimate prepared by the Legislative Revenue Officer into the estimate prepared by the committee under subsection (1) of this section.
(5) Except as provided in subsection (6) of this section, the estimates described in subsections (1) to (3) of this section shall be printed in the voters’ pamphlet and on the ballot. The estimates shall be impartial, simple and understandable and shall include the following information:

(a) A statement of the amount of financial effect on state, local or tribal government expenditures, revenues or indebtedness, expressed as a specific amount or as a range of amounts;
(b) A statement of any recurring annual amount of financial effect on state, local or tribal government expenditures, revenues or indebtedness;
(c) A description of the most likely financial effect or effects of the adoption of the measure; and
(d) If an estimate is made under subsection (3) of this section, a description of the most likely financial effect or effects if the measure is not enacted.

(6) If the financial estimate committee determines that the measure will have no financial effect on state, local or tribal government expenditures, revenues or indebtedness or that the financial effect on state, local or tribal government expenditures, revenues or indebtedness will not exceed $100,000, the committee shall prepare and file with the Secretary of State a statement declaring that the measure will have no financial effect or that the financial effect will not exceed $100,000. The statement shall be printed in the voters’ pamphlet and on the ballot.
(7) If the financial estimate committee determines that the measure will have a financial effect on state, local or tribal government expenditures in excess of $100,000 and that the measure does not include a dedicated funding source to pay for the new expenditures required, the committee shall prepare and file with the Secretary of State the statement “MEASURE SPENDS MONEY WITHOUT IDENTIFYING A FUNDING SOURCE.” A statement prepared under this subsection shall be printed in bold in the voters’ pamphlet immediately following the printing of the estimates described in subsections (1) to (3) of this section.
(8) In addition to the estimates described in subsections (1) to (3) of this section, if the financial estimate committee considers it necessary, the committee may prepare and file with the Secretary of State an impartial, simple and understandable statement explaining the financial effects of the measure. The statement may not exceed 500 words. The statement shall be printed in the voters’ pamphlet with the measure to which it relates.
(9) The Legislative Policy and Research Committee shall provide any administrative staff assistance required by the financial estimate committee to facilitate the work of the financial estimate committee under this section or ORS 250.127.
(10) The financial estimate committee is created, consisting of the Secretary of State, the State Treasurer, the Director of the Oregon Department of Administrative Services, the Director of the Department of Revenue and a representative of a city, county or district with expertise in local government finance. The representative of a city, county or district shall be selected by the four other members of the financial estimate committee and shall serve for a term of two years that begins on March 1 of the odd-numbered year. [Formerly 254.180; 1987 c.724 §6; 1991 c.971 §1; 1993 c.493 §15; 1999 c.844 §1; 2005 c.633 §1; 2013 c.47 §1; 2016 c.88 §11; 2019 c.603, §1]

250.127 Estimates of financial impact; preparation and filing.
(1) Not later than the 99th day before a special election held on the date of a primary election or any general election at which any state measure is to be submitted to the people, the financial estimate committee created under ORS 250.125 shall prepare and electronically file with the Secretary of State the estimates described in ORS 250.125 and, if the committee considers it necessary, statements explaining the financial effects of the measure as described in ORS 250.125 (7) and (8). The financial estimate committee may begin preparation of the estimates and statements 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 statements or to receive other information. At the hearing any person may submit suggested changes or other information orally or in writing. Written suggestions or other information also may be submitted at any time before the hearing.
(3) The financial estimate committee shall consider suggestions and any other information submitted under subsection (2) of this section, and may file revised estimates or statements 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 statements and any revised estimates or statements shall be approved by a majority of the members of the financial estimate committee. If a member does not concur, the estimates or statements shall show only that the member dissents. The Secretary of State shall certify final estimates and statements 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 statements, the Secretary of State alone shall prepare, file and certify the estimates or statements 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 statements are based.
(6) The support or opposition of any member of the financial estimate committee to the original or revised estimates or statements 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 statements.
(7) A failure to prepare, file or certify estimates or statements under ORS 250.125, this section or ORS 250.131 does not prevent the inclusion of the measure in the voters’ pamphlet or placement of the measure on the ballot.
(8) If the estimates are not delivered to the county clerk by the 61st day before the election, the county clerk may proceed with the printing of ballots. The county clerk is not required to reprint ballots to include the estimates or to provide supplemental information that includes the estimates. [1991 c.971 §3; 1993 c.493 §16; 1995 c.712 §33; 1999 c.318 §19; 2001 c.965 §8; 2005 c.633 §2; 2011 c.646 §1; 2013 c.47 §2; 2019 c.603, §2]

250.130 [Repealed by 1957 c.608 §231]

250.131 Court review of procedures under which estimates of financial impact of state measure were prepared.
(1) Any person alleging that an estimate or statement described in ORS 250.125 was prepared, filed or certified in violation of the procedures specified in ORS 250.125 or 250.127 may petition the Supreme Court seeking that the required procedures be followed and stating the reasons the estimate or statement filed with the court does not satisfy the required procedures. A petition is not allowed concerning the contents of the estimate or statement or whether an estimate or statement should be prepared.
(2) If the petition is filed not later than the 85th day before the election at which the measure is to be voted upon, the court shall review the procedures under which the estimate or statement was prepared, filed and certified, hear arguments and determine whether the procedures required under ORS 250.125 and 250.127 were satisfied. The review by the Supreme Court shall be conducted expeditiously to ensure the orderly and timely conduct of the election at which the measure is to be submitted to the electors.
(3) If the court determines that the procedures described in ORS 250.125 and 250.127 were not satisfied, the court shall order the preparation of a second estimate or statement, to be prepared, filed and certified as provided in ORS 250.125 and 250.127 except that:

(a) The financial estimate committee created under ORS 250.125 shall prepare and file with the Secretary of State an estimate or statement not later than two days following the decision of the court;
(b) A hearing shall be held within two days after the estimate or statement is filed; and
(c) An estimate or statement shall be certified not later than seven days after the decision of the court. The procedures under which the second estimate or statement is filed and certified may not be appealed. [1991 c.971 §4; 2005 c.633 §3]

250.135 Retention of petition materials.
The Secretary of State shall retain the signature sheets of a filed initiative or referendum petition with a copy of the state measure. If the measure is approved by the people, the signature sheets and copy of the measure shall be bound with a certified copy of the Governor’s proclamation declaring the measure approved. A copy of the measure and the Governor’s proclamation shall be preserved as a permanent public record. The signature sheets shall be preserved for six years. [1979 c.190 §152]

250.137 Citizens’ Initiative Review Commission; establishment; appointment of members; term of office; duties.
(1) The Citizens’ Initiative Review Commission is established as a semi-independent state agency subject to ORS 182.456 to 182.472. The commission shall consist of 11 members. The members shall be appointed in the following manner:

(a) The Governor shall appoint three members who have at some time been selected by the four appointed members of an explanatory statement committee under ORS 251.205 (5) to prepare an explanatory statement, as follows:

(A) One member recommended by the leadership of the Democratic party in the Senate and one member recommended by the leadership of the Republican party in the Senate.
(B) Except as provided in subparagraph (C) of this paragraph, one member recommended by the leadership of the political party with the largest representation in the Senate that is not the same party as the Governor.
(C) If more than two political parties are represented in the Senate, one member recommended by the leadership of a third political party with the largest representation in the Senate.

(b) Two former moderators shall be appointed as members as described in ORS 250.143.
(c) Six electors who have served on a citizen panel shall be appointed as members as described in ORS 250.143.

(2) The term of office of a member of the commission is four years, with the terms of no more than six members expiring every two years. Vacancies shall be filled by the Governor for the unexpired term, consistent with subsection (1) of this section.
(3) The commission shall:

(a) Ensure that the citizen panels are convened to review initiated measures in a fair and impartial manner.
(b) Adopt rules necessary to carry out the commission’s duties under ORS 250.137 to 250.149. [2011 c.365 §2; 2013 c.722 §12; 2014 c.72 §1]

250.139 Citizen review panels; selection of measures for review; selection of members; compensation; meetings and hearings; moderators.
(1) The Citizens’ Initiative Review Commission shall select one or more state measures proposed by initiative petition to be voted on at a general election and convene a separate citizen panel to review each selected measure.
(2) In selecting a measure to be reviewed by a citizen panel, the commission shall consider the following criteria:

(a) The fiscal impact of a measure.
(b) Whether the measure amends the Oregon Constitution.
(c) The availability of funds to conduct reviews.
(d) Any other criteria established by the commission by rule.

(3) Each citizen panel shall evaluate and write statements for the measure considered by the panel.
(4)(a) The commission shall select citizens for each panel from a representative sample of anonymous electors, using survey sampling methods that, to the extent practicable, give every elector a similar chance of being selected. Each citizen panel shall consist of not fewer than 18 and not more than 24 electors.

(b) The commission shall ensure, to the extent practicable and legally permissible, that the demographic makeup of each panel fairly reflects the population of the electorate of this state as a whole, with respect to the following characteristics, prioritized in the following order:

(A) The location of the elector’s residence.
(B) The elector’s party affiliation, if any.
(C) The elector’s voting history.
(D) The elector’s age.

(c) In addition to the criteria described in paragraph (b) of this subsection, the commission may also consider:

(A) The elector’s gender.
(B) The elector’s ethnicity.
(C) Any other criteria.

(5) The commission shall, from moneys in the account established under ORS 182.470:

(a) Compensate each elector for each day served on a panel in an amount established by the commission by rule;
(b) Reimburse each elector who serves on a panel for travel expenses in accordance with reimbursement policies determined by the commission by rule;
(c) Provide for costs required to convene and conduct a citizen panel; and
(d) Transfer to the Secretary of State all moneys necessary to pay the costs of printing any statements described in ORS 250.141 in the voters’ pamphlet.

(6)(a) Each panel shall meet to review the measure on not fewer than three and not more than five consecutive days for a total of not less than 24 hours unless otherwise provided by commission rule.

(b) Each panel shall conduct public hearings at which the panel shall receive testimony or other information from both proponents and opponents of the measure. Unless otherwise determined by a majority of the panelists, equal time shall be allotted to proponents and opponents of a measure.
(c) The chief petitioners of the measure shall designate two persons to provide information in favor of the measure to the citizen panel. If the chief petitioners fail to timely designate two persons to appear before the panel, the commission may designate two persons who support the measure to provide information in favor of the measure.
(d) The commission shall designate two persons who oppose the measure to provide information in opposition to the measure.
(e) The commission, by rule, may specify additional criteria regarding the public hearings.

(7) The commission shall provide each panel with any complaints regarding the panel not later than the third day the panel convenes.
(8) The commission shall, by rule, establish qualifications for moderators for each citizen panel. A moderator must have experience in mediation and shall complete a training course established by the commission.
(9) The commission shall contract with two moderators for each panel and shall compensate each moderator for service. [2011 c.365 §5; 2013 c.722 §15; 2014 c.72 §2]

250.140 [Amended by 1957 c.608 §127; repealed by 1979 c.190 §431]

250.141 Citizen panels; statements to be filed with Secretary of State.
(1) Not later than the date set by the Secretary of State by rule, each citizen panel shall prepare and file with the secretary any of the following statements of not more than 250 words each:

(a) A statement in favor of the measure.
(b) A statement opposed to the measure.
(c) A statement that “No panelist took this position.” if a panel is unanimous in either supporting or opposing a measure.
(d) A statement of key findings that summarizes the citizen panel’s findings in an impartial manner and may include a tally of how many panelists agreed with the key findings.
(e) A statement of additional policy considerations that describes the subject matter of or any fiscal considerations related to the measure. A statement submitted under this paragraph must be supported by at least three-quarters of the panelists.

(2)(a) Before a statement is filed with the Secretary of State under subsection (1) of this section:

(A) A person designated under ORS 250.139 (6)(c) shall be allowed to review the statement in favor of the measure by the citizen panel and provide feedback to the panel regarding the statement.
(B) A person designated under ORS 250.139 (6)(d) shall be allowed to review the statement opposed to the measure by the citizen panel and provide feedback to the panel regarding the statement.
(C) A person designated under ORS 250.139 (6)(c) or (d) shall be allowed to review the statement of key findings by the citizen panel and provide feedback to the panel regarding the statement.

(b) A citizen panel may adjust any statement after receiving feedback as described in this subsection.

(3) The secretary shall prescribe the size and manner of placement of the statements submitted by a citizen panel to be printed in the voters’ pamphlet, except that the statements shall be clearly differentiated from other arguments or statements in the voters’ pamphlet and may include, but are not limited to, the use of unique formatting and informative symbols.
(4) The secretary shall provide with any citizen panel statement a description of not more than 150 words of the citizen panel process described in ORS 250.137 to 250.149 and the following explanation:
______________________________________________________________________________
The opinions expressed in this statement are those of the members of a citizen panel and were developed through the citizen review process. They are NOT official opinions or positions endorsed by the State of Oregon or any government agency. A citizen panel is not a judge of the constitutionality or legality of any ballot measure, and any statements about such matters are not binding on a court of law.
______________________________________________________________________________
(5) A statement described in subsection (1) of this section must be filed using the electronic filing system adopted by the Secretary of State under ORS 251.014.
(6) The secretary, by rule, shall set a date by which statements must be filed under this section. The date may not be sooner than the 70th day before the date of the election. [2011 c.365 §7; 2017 c.749 §23]

250.143 Evaluation of procedures by moderators; commission review of evaluations.
(1) Not later than February 1 of an odd-numbered year, each person who served as a moderator for a citizen panel that evaluated a measure voted on at the most recent general election shall:

(a) Convene to evaluate procedures related to the citizen panels and submit a written report to the Citizens’ Initiative Review Commission summarizing the evaluation, along with any recommendations; and
(b) Appoint two moderators from among the moderators convened for the evaluation to be members of the commission.

(2) Not later than February 1 of an odd-numbered year, two electors from each citizen panel shall:

(a) Convene to evaluate procedures related to the citizen panels and submit a written report to the commission summarizing the evaluation, along with any recommendations; and
(b) Appoint two electors from among the former panelists convened for the evaluation to be members of the commission.

(3) Each year in which an evaluation is conducted by moderators and panelists under this section, the commission shall review the evaluations and make any findings and recommendations. The commission shall make all evaluations, findings and recommendations made under this section available to the public. [2011 c.365 §6]

250.145 [1953 c.58 §1; 1955 c.52 §1; 1969 c.104 §1; repealed by 1979 c.190 §431]

250.146 [2011 c.365 §8; repealed by 2013 c.722 §13]

250.147 Contributions of money and assistance; contracts; executive director.
(1) Except as otherwise provided in this section, the Citizens’ Initiative Review Commission may accept contributions of moneys and assistance from the United States Government or its agencies or from any other source, public or private, and agree to conditions placed on the moneys not inconsistent with the duties of the commission. All moneys received by the commission under this subsection shall be deposited into the account established under ORS 182.470.
(2) The commission may not receive contributions of moneys or assistance from:

(a) A political committee, as defined in ORS 260.005;
(b) For-profit corporate treasuries;
(c) Union treasuries; or
(d) Any other source the commission determines might be used to transfer moneys from a political committee, for-profit corporate treasury or union treasury to the commission.

(3) If a person contributes to the commission an aggregate total of more than $100 in a calendar year, not later than 14 calendar days after the commission receives the contribution, the commission shall make available to the public on the Internet:

(a) The name and address of the person or entity who made the contribution; and
(b) The amount of the contribution.

(4) The commission may enter into contracts and hire any staff the commission deems necessary.
(5) The commission may appoint an executive director to serve at the pleasure of the commission. [2011 c.365 §4; 2013 c.722 §16]

250.149 Determination of sufficiency of moneys to carry out duties, functions and powers; effect of determination.
(1) Not later than the date that is four months before the date of the general election in an even-numbered year, the Citizens’ Initiative Review Commission shall determine whether moneys in sufficient amount are available in the account established under ORS 182.470 to carry out all the duties, functions and powers of the commission, implement ORS 250.139 to 250.143 and pay for any statements to be printed in the voters’ pamphlet under ORS 251.185.
(2)(a) If the commission determines that the account has sufficient moneys under subsection (1) of this section, the commission shall carry out all the duties, functions and powers of the commission, implement ORS 250.139 to 250.143 and may submit statements to be printed in the voters’ pamphlet under ORS 251.185.

(b) If the commission determines that the account has insufficient moneys under subsection (1) of this section, for the general election in that even-numbered year, the commission may not carry out all the duties, functions and powers of the commission, implement ORS 250.139 to 250.143 or submit statements to be printed in the voters’ pamphlet under ORS 251.185. [2011 c.365 §9; 2013 c.722 §17]

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.
(1) ORS 250.165 to 250.235 carry out the provisions of section 10, Article VI, Oregon Constitution, and shall apply to the exercise of initiative or referendum powers regarding a county measure, unless the county charter or ordinance provides otherwise.
(2) ORS 250.165 to 250.235 apply to the exercise of initiative or referendum powers regarding a county measure in a county that has not adopted a charter under section 10, Article VI, Oregon Constitution. [1979 c.190 §153]

250.160 [Repealed by 1957 c.608 §231]

250.161 [1957 c.608 §131; 1979 c.190 §240; renumbered 254.165]

250.165 Submission of prospective petition.
(1) Before circulating a petition to initiate or refer a county measure, the petitioner shall file with the county clerk a prospective petition. The county clerk immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The clerk shall retain the prospective petition.
(2) The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 250.175 (1). If the circuit court has not reviewed the ballot title under ORS 250.195, the cover of an initiative petition shall contain the ballot title described in ORS 250.175 (3). If the circuit court has reviewed the ballot title, the cover of the initiative petition shall contain the title certified by the court.
(3) The chief petitioners shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the filing officer not later than the 10th day after any of the chief petitioners first has knowledge or should have had knowledge that:

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

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

(b) Each sheet of signatures on an initiative or referendum petition shall, if one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: “Some Circulators For This Petition Are Being Paid.”

(5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition.
(6) Not more than 20 signatures on the signature sheet of the initiative or referendum petition shall be counted. The circulator shall certify on each signature sheet that the circulator:

(a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector registered in the county.

(7) Unless otherwise provided by a county ordinance, the gathering of signatures on a petition to initiate a county measure may not exceed a period of two years from the time the petition is approved for circulation.
(8) A county clerk may not accept for filing any petition which has not met the provisions of subsection (7) of this section.
(9) A petition to initiate a county measure must be filed not less than 90 days before the election at which the proposed law is to be voted on.
(10) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to review a copy upon request of the person. [1979 c.190 §154; 1981 c.909 §3; 1983 c.756 §10; 1991 c.106 §1; 1992 c.1 §2; 1995 c.607 §28; 1997 c.846 §2; 1999 c.318 §28; 2001 c.965 §5; 2005 c.797 §39; 2007 c.848 §16; 2009 c.571 §1]

250.168 One subject determination; notice; appeal.
(1) Not later than the fifth business day after receiving a prospective petition for an initiative measure, the county clerk shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution.
(2) If the county clerk determines that the initiative measure meets the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the clerk shall proceed as required in ORS 250.175. The clerk shall include in the publication required under ORS 250.175 (5) a statement that the initiative measure has been determined to meet the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution.
(3) If the county clerk determines that the initiative measure does not meet the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the clerk shall immediately notify the petitioner, in writing by certified mail, return receipt requested, of the determination.
(4) Any elector dissatisfied with a determination of the county clerk under subsection (1) of this section may petition the circuit court of the judicial district in which the county is located seeking to overturn the determination of the clerk. If the elector is dissatisfied with a determination that the initiative measure meets the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the petition must be filed not later than the seventh business day after the ballot title is filed with the clerk. If the elector is dissatisfied with a determination that the initiative measure does not meet the requirements of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the petition must be filed not later than the seventh business day after the written determination is made by the clerk.
(5) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition. [1991 c.719 §34; 2005 c.797 §40]

250.170 [Repealed by 1957 c.608 §231]

250.175 Preparation of ballot title for certain measures; notice.
(1) When a prospective petition for a county measure to be referred is filed with the county clerk, the clerk shall authorize the circulation of the petition containing the title of the measure as enacted by the county governing body or, if there is no title, the title supplied by the petitioner filing the prospective petition. The county clerk immediately shall send one copy of the prospective petition to the district attorney.
(2) Not later than the sixth business day after a prospective petition for a county measure to be initiated is filed with the county clerk, the clerk shall send one copy 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)(a) Not later than the fifth business day after receiving the copy of the prospective petition, and notwithstanding ORS 203.145 (3), the district attorney shall prepare a ballot title for the county measure to be initiated or referred and certify the ballot title to the county clerk.

(b) If the district attorney determines that a ballot title certified under this subsection contains a clerical error, the district attorney may correct the error and certify to the county clerk a corrected ballot title not later than the 10th business day after the date the ballot title was certified.
(c) A copy of the ballot title shall be furnished to the chief petitioner.

(4) Unless the circuit court certifies a different ballot title, the latest ballot title certified by the district attorney under subsection (3) of this section is the title to be printed on the ballot.
(5)(a) The county clerk, upon receiving a ballot title for a county measure to be referred or initiated from the district attorney or the county governing body, shall publish in the next available edition of a newspaper of general circulation in the county a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in ORS 250.195.

(b) In addition to publishing a notice as described in paragraph (a) of this subsection, the county clerk may publish a notice on the county’s website for a minimum of seven days.

(6) As used in this section, “clerical error” means a typographical, arithmetical or grammatical error or omission that is evident from the text of the certified ballot title or by comparison of the text of the ballot title with a written explanation that was provided by the district attorney and issued concurrently with the certified ballot title. [1979 c.190 §155; 1983 c.567 §12; 1985 c.808 §26; 1987 c.707 §8; 1991 c.719 §21; 2005 c.797 §41; 2011 c.607 §6; 2013 c.519 §3; 2017 c.749 §18]

250.180 [Repealed by 1957 c.608 §231]

250.185 Preparation of ballot titles for certain county measures by governing body.
(1) When the county governing body refers a measure to the people, a ballot title for the measure may be prepared by the body. The measure and the ballot title prepared under this subsection shall be filed at the same time with the county clerk.
(2) If the title is not prepared under subsection (1) of this section, when the measure is filed with the county clerk, the clerk shall send one copy to the district attorney. Not later than the fifth business day after receiving the copy, 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; 2017 c.749 §19]

250.190 [Amended by 1957 c.608 §132; repealed by 1979 c.190 §431]

250.195 Dissatisfaction with title of county measure.
(1) Any elector dissatisfied with a ballot title filed with the county clerk by the district attorney or the county governing body, may petition the circuit court of the judicial district in which the county is located seeking a different title and stating the reasons the title filed with the court is insufficient, not concise or unfair. The petition shall name as respondent either the district attorney or county governing body, depending on who prepared the ballot title, and must be filed not later than the seventh business day after the title is filed with the county clerk. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the county clerk a title for the measure which meets the requirements of ORS 250.035.
(2) An elector filing a petition under this section shall notify the county clerk in writing that the petition has been filed. The notice shall be given not later than 5 p.m. on the next business day following the day the petition is filed.
(3) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors. [1979 c.190 §157; 1983 c.514 §9a; 1987 c.707 §9; 1989 c.503 §7; 1993 c.493 §97; 1995 c.534 §3]

250.200 [Amended by 1957 c.608 §133; 1961 c.89 §1; repealed by 1979 c.190 §431]

250.205 Nonhome rule counties; filing and signature.
(1) This section applies to a county that has not adopted a charter under section 10, Article VI, Oregon Constitution.
(2) A referendum petition must be filed not later than the 90th day after the adoption of a nonemergency county measure.
(3) A petition to refer a county measure must contain at least the number of signatures of electors residing in the county that is equal to four percent of the total number of votes cast in the county for all candidates for Governor at the election at which a Governor is elected for a four-year term next preceding the filing of the petition for verification of signatures.
(4) A petition to initiate a county measure must contain at least the number of signatures of electors residing in the county equal to six percent of the total number of votes cast in the county for all candidates for Governor at the election at which a Governor is elected for a four-year term next preceding the filing of the petition for verification of signatures. [1979 c.190 §158; 1995 c.607 §29]

250.210 [Amended by 1957 c.608 §134; 1979 c.519 §19; repealed by 1979 c.190 §431]

250.215 Signature verification; filing.
(1) An initiative or referendum petition relating to a county measure shall be filed with the county clerk for signature verification. The filed petition shall contain only original signatures.
(2) An initiative or referendum petition relating to a county measure shall not be accepted for filing if it contains less than 100 percent of the required number of signatures.
(3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by rule shall designate a statistical sampling technique to verify whether a petition contains the required number of signatures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures unless two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling.
(4) The Secretary of State may employ professional assistance to determine the sampling technique referred to in subsection (3) of this section. [1979 c.190 §159; 1989 c.68 §7; 1991 c.580 §2]

250.220 [Amended by 1957 c.608 §135; 1961 c.89 §2; repealed by 1979 c.190 §431]

250.221 Date of election.
If an initiative or referendum petition contains the required number of verified signatures, the election on the county measure shall be held on the next available election date in ORS 203.085 that is not sooner than the 90th day after the measure was filed with the county clerk. [1981 c.909 §4]

250.225 [1963 c.345 §§5,6; 1979 c.190 §269; 1979 c.519 §29a; renumbered 254.475]

250.226 [1979 c.190 §160; repealed by 1987 c.724 §7]

250.230 [Amended by 1957 c.608 §136; 1979 c.190 §227; 1979 c.317 §9; renumbered 254.035]

250.235 Retention of petition materials.
The county clerk shall retain the signature sheets of a filed initiative or referendum petition with a copy of the county measure. If the measure is approved by the electors, a copy of the measure shall be preserved as a permanent public record, and the signature sheets shall be preserved for six years. [1979 c.190 §161]

CITY MEASURES

250.255 Application.
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 Submission of prospective petition.
(1) Before circulating a petition to initiate or refer a city measure, the petitioner shall file with the city elections officer a prospective petition. The officer immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The officer shall retain the prospective petition.
(2) The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 250.275 (1). If the circuit court has not reviewed the ballot title under ORS 250.296, the cover of an initiative petition shall contain the ballot title described in ORS 250.275 (3). If the circuit court has reviewed the ballot title, the cover of the initiative petition shall contain the title certified by the court.
(3) The chief petitioners shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the filing officer not later than the 10th day after any of the chief petitioners first has knowledge or should have had knowledge that:

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

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

(b) Each sheet of signatures on an initiative or referendum petition shall, if one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: “Some Circulators For This Petition Are Being Paid.”

(5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition.
(6) Not more than 20 signatures on the signature sheet of the initiative or referendum petition shall be counted. The circulator shall certify on each signature sheet that the circulator:

(a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector registered in the city.

(7) Unless otherwise provided by a city ordinance, the gathering of signatures on a petition to initiate a city measure may not exceed a period of two years from the time the petition is approved for circulation.
(8) A city elections officer may not accept for filing any petition which has not met the provisions of subsection (7) of this section.
(9) A petition to initiate a city measure must be filed not less than 90 days before the election at which the proposed law is to be voted on.
(10) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to review a copy upon request of the person. [1979 c.190 §163; 1981 c.909 §6; 1983 c.756 §11; 1991 c.106 §2; 1992 c.1 §3; 1995 c.607 §30; 1997 c.846 §3; 1999 c.318 §29; 2001 c.965 §6; 2007 c.848 §17; 2009 c.571 §2]

250.270 One subject determination; notice; appeal.
(1) Not later than the fifth business day after receiving a prospective petition for an initiative measure, the city elections officer shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.
(2) If the city elections officer determines that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the city elections officer shall proceed as required in ORS 250.275. The city elections officer shall include in the publication required under ORS 250.275 (5) a statement that the initiative measure has been determined to meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.
(3) If the city elections officer determines that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the city elections officer shall immediately notify the petitioner, in writing by certified mail, return receipt requested, of the determination.
(4) Any elector dissatisfied with a determination of the city elections officer under subsection (1) of this section may petition the circuit court of the judicial district in which the city is located seeking to overturn the determination of the city elections officer. If the elector is dissatisfied with a determination that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the ballot title is filed with the city elections officer. If the elector is dissatisfied with a determination that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the written determination is made by the city elections officer.
(5) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition. [1991 c.719 §36; 2005 c.797 §42]

250.275 Preparation of ballot title for certain city measures; notice.
(1) When a prospective petition for a city measure to be referred is filed with the city elections officer, the officer shall authorize the circulation of the petition containing the title of the measure as enacted by the city governing body or, if there is no title, the title supplied by the petitioner filing the prospective petition. The city elections officer immediately shall send one copy of the prospective petition to the city attorney.
(2) Not later than the sixth business day after a prospective petition for a city measure to be initiated is filed with the city elections officer, the officer shall send one copy of it to the city attorney if the measure to be initiated has been determined to be in compliance with section 1 (2)(d) and (5), Article IV of the Oregon Constitution, as provided in ORS 250.270.
(3)(a) Not later than the fifth business day after receiving the copy of the prospective petition, the city attorney shall provide a ballot title for the city measure to be initiated or referred and certify the ballot title to the city elections officer.

(b) If the city attorney determines that a ballot title certified under this subsection contains a clerical error, the city attorney may correct the error and certify to the city elections officer a corrected ballot title not later than the 10th business day after the date the ballot title was certified.
(c) A copy of the ballot title shall be furnished to the chief petitioner.

(4) Unless the circuit court certifies a different ballot title, the latest ballot title certified by the city attorney under subsection (3) of this section is the title to be printed on the ballot.

(5)(a) The city elections officer, upon receiving a ballot title for a city measure to be referred or initiated from the city attorney or city governing body, shall publish in the next available edition of a newspaper of general distribution in the city a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title not later than the date referred to in ORS 250.296.

(b) In addition to publishing a notice as described in paragraph (a) of this subsection, the city elections officer may publish a notice on the city’s website for a minimum of seven days.

(6) As used in this section, “clerical error” means a typographical, arithmetical or grammatical error or omission that is evident from the text of the certified ballot title or by comparison of the text of the ballot title with a written explanation that was provided by the city attorney and issued concurrently with the certified ballot title. [1979 c.190 §164; 1985 c.808 §28; 1987 c.707 §9a; 1991 c.719 §22; 2005 c.797 §43; 2011 c.607 §7; 2013 c.519 §4; 2017 c.749 §20]

250.285 Preparation of ballot titles for certain city measures by governing body.
(1) When the city governing body refers a measure to the people, a ballot title for the measure may be prepared by the body. The ballot title shall be filed with the city elections officer.
(2) If the title is not prepared under subsection (1) of this section, when the measure is filed with the city elections officer, the officer shall send one copy to the city attorney. Not later than the fifth business day after receiving the copy, 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; 2017 c.749 §21]

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 Dissatisfaction with title of city measure.
(1) Any elector dissatisfied with a ballot title filed with the city elections officer by the city attorney or the city governing body, may petition the circuit court of the judicial district in which the city is located seeking a different title and stating the reasons the title filed with the court is insufficient, not concise or unfair. The petition shall name as respondent the city attorney or city governing body, depending on who prepared the ballot title, and must be filed not later than the seventh business day after the title is filed with the city elections officer. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the city elections officer a title for the measure which meets the requirements of ORS 250.035.
(2) An elector filing a petition under this section shall notify the city elections officer in writing that the petition has been filed. The notice shall be given not later than 5 p.m. on the next business day following the day the petition is filed.
(3) The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to insure the orderly and timely circulation of the petition or conduct of the election at which the measure is to be submitted to the electors. [1979 c.190 §166; 1983 c.514 §9b; 1987 c.707 §10; 1989 c.503 §8; 1993 c.493 §98; 1995 c.534 §4]

250.300 [Amended by 1979 c.190 §396; renumbered 188.110]

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 Signature verification; filing.
(1) An initiative or referendum petition relating to a city measure shall be filed with the city elections officer for signature verification. The filed petition shall contain only original signatures.
(2) An initiative or referendum petition relating to a city measure shall not be accepted for filing if it contains less than 100 percent of the required number of signatures.
(3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by rule shall designate a statistical sampling technique to verify whether a petition contains the required number of signatures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures unless two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling.
(4) The Secretary of State may employ professional assistance to determine the sampling technique referred to in subsection (3) of this section. [1979 c.190 §168; 1989 c.68 §8; 1991 c.580 §3]

250.320 [Repealed by 1957 c.608 §231]

250.325 Filing of initiative petition.
(1) If an initiative petition contains the required number of verified signatures, the city elections officer shall file the initiated measure with the city governing body at its next meeting.
(2) The governing body, not later than the 30th day after the measure is filed with it, may adopt or reject the measure unless the measure is required to be submitted to city electors under the city charter or state law. If the measure is not adopted, or the measure is required to be submitted to city electors under the city charter or state law, it shall be submitted to city electors on the next available election date in ORS 221.230 held not sooner than the 90th day after the measure was filed with the city governing body.
(3) The governing body may refer a competing measure to city electors at the same election at which the initiated measure is submitted. If the governing body refers a competing measure to city electors, it must prepare the measure not later than the 30th day after the initiated measure is filed with it. The mayor shall not have the power to veto an initiated measure or a competing measure. [1979 c.190 §169; 1979 c.316 §14a; 1981 c.909 §7; 1987 c.471 §1]

250.330 [Amended by 1957 c.608 §138; 1979 c.190 §252; 1979 c.749 §3; renumbered 254.295]

250.335 [1979 c.190 §170; repealed by 1987 c.724 §7]

250.340 [Amended by 1957 c.608 §139; 1979 c.190 §255; renumbered 254.325]

250.345 [1967 c.609 §1; repealed by 1977 c.301 §15]

250.346 Retention of petition materials.
The city elections officer shall retain the signature sheets of a filed initiative or referendum petition with a copy of the city measure. If the measure is approved by the electors, a copy of the measure shall be preserved as a permanent public record, and the signature sheets shall be preserved for six years. [1979 c.190 §171]

250.350 [Amended by 1957 c.608 §140; 1977 c.508 §7; 1977 c.644 §4a; 1979 c.190 §264; renumbered 254.415]

250.355 Date of election.
If a referendum petition contains the required number of verified signatures, the election on the city measure shall be held on the next available election date in ORS 221.230 that is not sooner than the 90th day after the referendum petition was filed with the city elections officer. [1989 c.503 §35; 2007 c.155 §8]

250.360 [Repealed by 1957 c.608 §231]

250.365 [1963 c.595 §5 (247.610 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); repealed by 1967 c.64 §7]

250.370 [Repealed by 1957 c.608 §231]

250.375 [1963 c.595 §6 (247.610 to 247.650, 250.365 and 250.375 enacted in lieu of 247.251); 1965 c.174 §10; repealed by 1967 c.64 §7]

250.380 [Repealed by 1957 c.608 §231]

250.390 [Repealed by 1957 c.608 §231]

250.400 [Amended by 1957 c.608 §141; 1977 c.508 §8; 1979 c.190 §265; renumbered 254.425]

250.410 [Amended by 1957 c.608 §142; 1979 c.190 §45; renumbered 247.035]

250.420 [Amended by 1957 c.608 §143; repealed by 1979 c.190 §431]

250.430 [Amended by 1957 c.608 §144; 1977 c.508 §9; 1979 c.190 §253; 1979 c.519 §20a; renumbered 254.305]

250.440 [Amended by 1957 c.608 §145; 1979 c.190 §251; repealed by 1979 c.749 §5]

250.460 [Repealed by 1957 c.608 §231]

250.461 [1957 c.608 §146; 1961 c.162 §1; repealed by 1979 c.190 §431]

250.470 [Repealed by 1957 c.608 §231]

250.471 [1957 c.608 §147 (1), (2); 1979 c.190 §271; renumbered 254.495]

250.480 [Repealed by 1957 c.608 §231]

250.490 [Amended by 1955 c.113 §1; repealed by 1957 c.608 §231]

250.500 [Repealed by 1957 c.608 §231]

250.510 [Amended by 1957 c.608 §148; 1973 c.154 §3; 1979 c.190 §272; renumbered 254.505]

250.520 [Amended by 1957 c.608 §149; 1961 c.114 §12; 1965 c.174 §8; 1979 c.190 §273; renumbered 254.515]

250.530 [Amended by 1957 c.608 §150; repealed by 1979 c.190 §431]

250.540 [Amended by 1955 c.498 §13; repealed by 1957 c.608 §231]

250.541 [1957 c.608 §147 (3); repealed by 1979 c.190 §431]

250.545 [1963 c.337 §4; repealed by 1979 c.190 §431]

250.550 [Repealed by 1957 c.608 §231]

250.560 [Repealed by 1957 c.608 §231]

250.570 [Amended by 1957 c.608 §151; repealed by 1979 c.190 §431]

250.580 [1971 c.29 §9; repealed by 1973 c.125 §1]

250.582 [1971 c.29 §§10,11; repealed by 1973 c.125 §1]

250.584 [1971 c.29 §12; repealed by 1973 c.125 §1]

250.586 [1971 c.29 §8; repealed by 1975 c.675 §36]

250.610 [Amended by 1957 c.608 §152; 1961 c.174 §2; 1979 c.190 §248; 1979 c.519 §21a; renumbered 254.245]

250.620 [Amended by 1957 c.608 §153; repealed by 1979 c.190 §431]

250.630 [Repealed by 1957 c.608 §231]

250.631 [1957 c.608 §154; 1961 c.114 §13; 1965 c.174 §9; 1977 c.352 §4; 1979 c.190 §262; renumbered 254.395]

250.640 [Amended by 1955 c.726 §2; repealed by 1957 c.608 §231]

250.645 [1955 c.726 §5; 1957 c.608 §155; 1979 c.190 §261; renumbered 254.385]

250.650 [Repealed by 1957 c.608 §231]

250.655 [1961 c.63 §2; 1979 c.190 §263; renumbered 254.405]

250.660 [Repealed by 1957 c.608 §231]

250.670 [Repealed by 1957 c.608 §231]

250.680 [Amended by 1957 c.608 §156; 1979 c.190 §268; renumbered 254.455]

250.690 [Amended by 1955 c.726 §3; 1957 c.608 §157; 1979 c.190 §267; renumbered 254.445]

250.700 [Amended by 1957 c.608 §158; 1979 c.190 §266; renumbered 254.435]

250.710 [Amended by 1957 c.608 §159; 1977 c.179 §2; repealed by 1979 c.190 §431]

250.720 [Amended by 1957 c.608 §160; repealed by 1979 c.190 §431]

250.810 [Amended by 1957 c.608 §161; 1963 c.603 §1; repealed by 1979 c.190 §431]

250.820 [Amended by 1957 c.608 §162; repealed by 1979 c.190 §431]

250.830 [Amended by 1957 c.608 §163; 1979 c.519 §22; repealed by 1979 c.190 §431]

250.840 [Amended by 1957 c.608 §164; 1961 c.47 §1; 1963 c.603 §2; 1969 c.81 §2; 1975 c.675 §20; 1979 c.519 §23; repealed by c.190 §431]

250.845 [1963 c.603 §4; 1977 c.829 §13; repealed by 1979 c.190 §431]

250.850 [Repealed by 1957 c.608 §231]

250.860 [Repealed by 1957 c.608 §231]

250.870 [Amended by 1957 c.608 §165; repealed by 1979 c.190 §431]

250.880 [Repealed by 1979 c.190 §431]

250.990 [Amended by 1955 c.726 §6; 1957 c.608 §166; repealed by 1979 c.190 §431]

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Chapter 251 – Voters’ Pamphlet

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 municipal judge of a city having a population of 50,000 or more according to the most recent 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 qualified to vote under section 2, Article II, Oregon Constitution.
(5) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question. [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 pamphlet.
Notwithstanding any other provision of law, the Secretary of State and a county may enter into an intergovernmental 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 Voters’ pamphlet; size; format; distribution.
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]

251.014 Adoption of electronic filing system.
(1) The Secretary of State by rule shall adopt an electronic filing system to allow estimates, portraits, statements or arguments to be filed electronically using the Internet.
(2) The Secretary of State may adopt rules to administer this section. [2011 c.646 §9]

Note: 251.014 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 251 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

251.015 [1957 c.217 §1; 1979 c.190 §314; renumbered 258.006]

251.016 Disposition of fee.
The Secretary 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; 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 Representative in Congress, or for nominating a candidate of each major political party to fill the vacancy, the Secretary of State shall prepare a voters’ pamphlet for each election.
(2) A voters’ pamphlet prepared under subsection (1) of this section shall contain information about the candidates for nomination or election to the office of United States Senator or Representative in Congress at the special election or special primary election. [1999 c.318 §6]

251.025 [1957 c.217 §2; 1979 c.190 §315; renumbered 258.016]

251.026 Contents of 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 register or update a registration.
(c) In the voters’ pamphlet for the primary election, a statement of the duties and responsibilities of a precinct committeeperson to be elected at the primary election.
(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’ pamphlet that the pamphlet may be used to assist electors in voting.
(3) The Secretary of State may include in the voters’ pamphlet the following information:

(a) Maps showing the boundaries of senatorial and representative districts.
(b) Voter registration forms.
(c) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled and the right of an elector to seek assistance in marking the ballot.

(4)(a) The name of the county clerk or other filing officer may not appear in the voters’ pamphlet in the county clerk’s or filing officer’s official capacity if the county clerk or filing officer is a candidate in the election for which the voters’ pamphlet is printed.

(b) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165. [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; 2019 c.508, §1]

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]

251.045 [1957 c.217 §4; 1975 c.675 §21; 1979 c.190 §317; renumbered 258.036]

251.046 Content of statements and arguments.
(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 opposing 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 Excluded persons or organizations; exceptions.
(1) Except as provided in subsection (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 measure or a statement of any candidate, political party or assembly of electors filed for inclusion in the 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 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’ pamphlet as supporting or endorsing the argument 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 quotation made by the person or by an authorized 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 subsection (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 paragraph 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; 2009 c.11 §22]

251.050 [Repealed by 1957 c.217 §9]

251.055 Excluded materials; liability for libel.
(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 exempt from any civil or criminal action because of any defamatory statements offered for printing or contained in the voters’ pamphlet. The persons writing, signing or offering 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 matter that was rejected pursuant to this section. 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 Portrait and statement of candidate; format; filing.
(1)(a) Except as provided in paragraph (b) of this subsection, not sooner than the 120th day and not later than the 68th day before the primary election, a 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 a state office as defined in ORS 249.002 may file with the Secretary of State a portrait of the candidate and a statement of the reasons the candidate should be nominated or elected. A candidate or agent on behalf of the candidate for nomination or election to a county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under ORS 251.067.

(b) A portrait and statement may be filed not later than the 63rd day before the primary election in the event of a vacancy described in ORS 249.037 (2).

(2) Not sooner than the 120th day and not later than the 70th day before the general election, a candidate or agent on behalf of the candidate for election at the general election to the office of President or Vice President of the United States, United States Senator, Representative in Congress or a state office as defined in ORS 249.002 may file with the Secretary of State a portrait of the candidate and a statement of the reasons the candidate should be elected. A candidate or agent on behalf of the candidate for election to a county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under 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 portrait of the candidate and a statement of the reasons the candidate should be nominated or elected.
(4) All portraits and statements described in this section must be filed using the electronic filing system adopted by the Secretary of State under ORS 251.014.
(5) Subject to the requirements of this section, the Secretary of State by rule shall establish the format of the statements permitted under this section.
(6) A portrait or statement filed under this section must be accompanied by a telephone 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; 2011 c.646 §2a; 2011 c.652 §2; 2013 c.518 §1; 2017 c.749 §25]

251.067 Inclusion; portrait and statement of candidate; community college district measure relating to bonding; county measure; metropolitan 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 metropolitan service district organized under ORS chapter 268, may file a portrait or statement for inclusion in the state voters’ pamphlet under ORS 251.065 if a county voters’ pamphlet described in ORS 251.305 to 251.435 is not prepared for the election in each county in which the electoral district of the candidate is located.
(2) A community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, shall be included in the state voters’ pamphlet as provided in ORS 251.285, if a county voters’ pamphlet described in ORS 251.305 to 251.435 is not prepared:

(a) For the election on the county measure; or
(b) In each county in which the community college district or metropolitan service district is located, for the election on the community college district measure relating to bonding or 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 community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268 is listed on the ballot, the county voters’ pamphlet shall include the county or city office, the office of the metropolitan service district or the community college district measure relating to bonding, county measure or measure of the metropolitan service district. Such offices and measures shall not be included in any state voters’ pamphlet prepared for the election and distributed in the county for which the county voters’ pamphlet is prepared.
(4) If a city, metropolitan service district organized under ORS chapter 268 or community college district is located in more than one county, and a county in which the city, metropolitan service district or community college district is located does not prepare a county voters’ pamphlet described in ORS 251.305 to 251.435 for the election, candidates for nomination or election to any city office or an elected office of the metropolitan service district, and any community college district measure relating to bonding or measure of the metropolitan service district, shall be included in the state voters’ pamphlet to be distributed to the county that does not prepare a county voters’ pamphlet. The Secretary of State shall designate the candidates and measures that may be included in the state voters’ pamphlet under this subsection.
(5) As used in this section, “community college district” has the meaning given that term in ORS 341.005. [1999 c.318 §8; 2017 c.392 §1]

251.069 Printing of map of metropolitan service district in certain pamphlets.
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 preceding 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.
(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:

(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 printing 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’ pamphlet, except that the size of a portrait shall not be smaller than 1.5 inches by 1.75 inches. The rule shall apply in the same manner to all candidates for the same nomination or office. [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 statement.
The candidate’s statement shall begin with a summary of the following: Occupation, educational and occupational background, and prior governmental experience. [Formerly 255.027]

251.087 Review of candidate portrait and statement.
(1) If a candidate files a portrait and statement under ORS 251.065 for inclusion in the voters’ pamphlet, the Secretary of State shall review the portrait and statement to ensure that the portrait complies with the requirements of ORS 251.075 and that the statement complies with the requirements of ORS 251.049 and 251.085.
(2) Review by the Secretary of State under this section shall be limited to determining whether the portrait and statement comply with the requirements of ORS 251.049, 251.075 and 251.085 and shall not include any determination relating to the accuracy 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 Secretary of State under this section may file a revised portrait or statement not later than the seventh business day following the deadline 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 subsection (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 candidate 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 Listing of candidates voters’ pamphlet; requirements for inclusion; contents.
(1) For space in the voters’ pamphlet:

(a) Each candidate for nomination or election to the office of President or Vice President of the United States shall, at the time materials are filed under ORS 251.065, pay a fee of $3,500 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 500 active electors of the state.
(b) Each candidate for nomination or election to the office of United States Senator or any state office to be voted for in the state at large shall, at the time materials are filed under ORS 251.065, pay a fee of $3,000 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 500 active electors of the state.
(c) Each candidate for nomination or election to the office of Representative in Congress shall, at the time materials are filed under ORS 251.065, pay a fee of $2,500 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 300 active electors of the candidate’s electoral district.
(d) Each candidate for nomination or election to the office of state Senator or state Representative shall, at the time materials are filed under ORS 251.065, pay a fee of $750 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 200 active electors of the candidate’s electoral district.
(e) Each candidate for nomination or election to any other office shall, at the time materials are filed under ORS 251.065, pay a fee of $600 to the Secretary of State or may submit a petition in a form prescribed by the secretary containing the signatures of 200 active electors of the candidate’s electoral district.

(2)(a) The signatures on a petition submitted under subsection (1) of this section shall be verified by the county clerk or the Secretary of State.

(b) The Secretary of State by rule shall establish procedures for verifying whether a petition submitted under subsection (1) of this section contains the required number of signatures of active electors.

(3) The space allotted to each candidate shall be used for materials filed under ORS 251.065, including the portrait and statement of reasons the candidate should be nominated or elected and the information required under ORS 251.085. The length of the statement may not exceed 325 words. All candidates shall be allowed the same amount of space. The Secretary of State by rule shall prescribe the size of the space allotted to each candidate, except that the space may not be smaller than 30 square inches. [Formerly 255.051; 1981 c.375 §2; 1983 c.567 §14; 1985 c.808 §30b; 1987 c.707 §12; 1999 c.318 §12; 2009 c.817 §1; 2011 c.482 §1; 2013 c.518 §2]

251.110 [Repealed by 1957 c.217 §9]

251.115 Statements of parties supporting candidates; requirements for submission; size.
(1) Not sooner than the 120th day and not later than the 70th day before the general election, the party officers as designated in the organizational documents of any statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a statement of arguments for the success of its principles and election of its candidates on a statewide basis and opposing the principles and candidates of other political parties or organizations on a statewide basis.
(2) Not sooner than the 120th day and not later than the 70th day before the general election, the party officers as designated in the organizational documents of any less than statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a statement of arguments for the success of its principles and election of its candidates on a county basis and opposing the principles and candidates of other political parties or organizations on a county basis.
(3)(a) Any statewide political party or assembly of electors having nominated candidates shall pay a fee of $1,200 to the Secretary of State when the statement is filed or may submit a petition in a form prescribed by the secretary containing the signatures of 500 active electors.

(b) Any less than statewide political party or assembly of electors having nominated candidates shall pay a fee of $600 to the Secretary of State when the statement is filed or may submit a petition in a form prescribed by the secretary containing the signatures of 300 active electors.
(c) The signatures on a petition submitted under this subsection shall be verified by the county clerk or the Secretary of State.
(d) The Secretary of State by rule shall establish procedures for verifying whether a petition submitted under this subsection contains the required number of signatures of active electors.

(4) A statement of arguments filed under this section must be filed using the electronic filing system adopted by the Secretary of State under ORS 251.014.
(5) The Secretary of State by rule shall prescribe the size of the statements permitted under this section, except that any statewide political party or assembly of electors having nominated candidates shall be allotted more space than any less than statewide political party or assembly of electors having nominated candidates.
(6) For purposes of this section, an “active elector” is a person whose registration is considered active as described in ORS 247.013. [Formerly 255.211; 1987 c.707 §13; 1989 c.503 §10; 1993 c.797 §22; 1999 c.318 §13; 2009 c.817 §2; 2011 c.482 §2; 2011 c.646 §3; 2013 c.518 §3; 2017 c.749 §24]

251.120 [Repealed by 1957 c.217 §9]

251.125 Portrait or statement; identification.
(1) In a section of the voters’ pamphlet that provides general information, the Secretary of State shall include a disclaimer in boldfaced type in substantially the following form:
______________________________________________________________________________

Information provided in statements or arguments submitted by a candidate, a political party, an assembly of electors or a person supporting or opposing a measure have not been verified for accuracy by the State of Oregon.
______________________________________________________________________________
(2) 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 a statement identifying the person who furnished the portrait or statement. [1979 c.190 §182; 2005 c.234 §1; 2013 c.518 §4]

251.130 [Repealed by 1957 c.217 §9]

251.135 Refund of filing fee.
(1) Material filed for inclusion in the voters’ pamphlet may be withdrawn on or before the deadline for filing material under ORS 251.065.
(2) A person who paid a fee for filing material for inclusion in a voters’ pamphlet may receive a refund from the Secretary of State if the request for a refund is received by the secretary on or before the deadline for filing material under ORS 251.065. When a refund is made, the material for which the fee was paid may not be included in the voters’ pamphlet. [1979 c.190 §183; 2013 c.518 §5]

251.140 [Repealed by 1957 c.217 §9]

251.145 Public records law; exemption.
Notwithstanding ORS 192.311 to 192.478 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 Action to enjoin publication of pamphlet; inadmissible statements and arguments.
Material submitted for inclusion in any voters’ pamphlet shall not be admitted as evidence in any suit or action against the Secretary of State to restrain or enjoin the publication of the voters’ pamphlet. [Formerly 255.018]

251.160 [Repealed by 1957 c.217 §9]

251.165 Material for inclusion in state voters’ pamphlet; preparation.
(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 general election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under ORS 251.067, along with a designation of the offices for which the candidates are competing;
(b) All portraits and statements filed under ORS 251.065 and 251.115; and
(c) The information specified in ORS 251.185 relating to measures to be voted upon at the election for which the pamphlet is prepared.

(2) For a special election described in 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 statements filed for the special election under ORS 251.065.
(3) The items specified in subsections (1) and (2) of this section shall be properly compiled, edited, prepared and indexed for printing by the Secretary of State before delivery to the printer. [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 Nonstatewide special elections; rules, distribution of pamphlet.
(1) Except 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 distribution 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 distribution. Voters’ pamphlets prepared for the election shall be mailed not later than the date ballots are mailed to electors as provided in ORS 254.470. [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 Voters’ pamphlet; inclusion of measures; statements; arguments.
(1) The Secretary of State shall have printed in the voters’ pamphlet for a general election or any special election a copy of the title and text of each state measure to be submitted to the people at the election for which the pamphlet was prepared. The pamphlet must include the procedures for filing a complaint under ORS 260.345. 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;
(d) Arguments relating to the measure and filed with the Secretary of State;
(e) Any racial and ethnic impact statement prepared for the measure under ORS 137.685; and
(f) Any statement submitted for the measure by a citizen panel under ORS 250.141.

(2) A community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, filed by the county, metropolitan service district or community college district under ORS 251.285 shall be included in the voters’ pamphlet described in subsection (1) of this section if required under ORS 251.067.
(3) As used in this section, “community college district” has the meaning given that term in ORS 341.005. [Formerly 255.410; 1991 c.719 §10; 1991 c.971 §7; 1993 c.493 §19; 1999 c.318 §16; 2005 c.633 §4; 2009 c.232 §1; 2011 c.365 §10; 2013 c.600 §§6,8; 2013 c.722 §20; 2014 c.72 §§4,5; 2017 c.392 §§3,4; 2017 c.614 §§8,9]

Note: Section 13, chapter 614, Oregon Laws 2017, provides:
Sec. 13. Section 3 of this 2017 Act [137.685] and the amendments to ORS 251.185 by section 9 of this 2017 Act apply to elections held on or after the first Tuesday after the first Monday in November 2018. [2017 c.614 §13]

251.195 Printing of proposed constitutional amendment; form.
The text of a proposed amendment to the Oregon Constitution shall be printed in the voters’ pamphlet 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 Drafting of explanatory statement of measure; appointment of committee.
(1) As used in this section, “proponents” means:

(a) With respect to any state measure initiated or referred by petition, the chief petitioners; or
(b) With respect to a measure referred by the Legislative Assembly, the President of the Senate, who shall appoint a Senator, and the Speaker of the House of Representatives, who shall appoint a Representative.

(2) For each state measure to be submitted 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 measure not later than the 118th day before the election.
(4) Not later than the 118th day before the election, the Secretary of State shall appoint 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 occurs 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 Representative appointed under subsection (1) of this section may disclose whether the Senator or Representative supports or opposes the state measure. The Secretary of State shall print the disclosure in the voters’ pamphlet following the explanatory statement.
(8) The Legislative Policy and Research Committee shall provide any administrative staff assistance required by the explanatory statement 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 relating 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 determines that the petition contains less than the required number of signatures of electors. [Formerly 254.210; 1987 c.707 §15; 1995 c.607 §§31,31a; 1999 c.844 §2; 2001 c.965 §9; 2011 c.646 §4; 2016 c.88 §12]

251.215 Explanatory statement of measure; preparation and filing.
(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 committee appointed under ORS 251.205 shall prepare and electronically file with the Secretary of State, an impartial, simple and understandable 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 information orally or in writing. Written suggestions or other information also may be submitted at any time before the hearing.
(3) The committee for each measure shall consider suggestions and any other information submitted under subsection (2) of this section, and may file a revised statement with the Secretary of State not later than the 90th day before the election.
(4) The original statement and any revised statement must be approved by at least three members of the committee. If a member does not concur, the statement shall show only that the member dissents.
(5) For purposes of this section, “measure” includes an initiative petition relating 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 determines that the petition contains less than the required number of signatures of electors. [Formerly 254.222; 1991 c.719 §49; 1993 c.493 §20; 1993 c.811 §14; 1995 c.712 §42; 2001 c.965 §10; 2011 c.646 §5]

251.225 Explanatory statement by Legislative Counsel Committee; preparation and filing.
(1) The Legislative Counsel Committee shall prepare an impartial, simple and understandable statement of not more than 500 words explaining each state measure. The statement shall be filed electronically 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 Committee shall be the explanatory statement of the measure, and shall be subject to the provisions of ORS 251.215. [Formerly 254.225; 1993 c.493 §21; 1993 c.811 §15; 2011 c.646 §6]

251.230 Failure to file explanatory statement.
If an explanatory statement is not filed by a committee under ORS 251.215 or by the Legislative Counsel Committee under ORS 251.225, the measure shall be printed in the voters’ pamphlet without the explanatory statement. [1991 c.971 §6]

251.235 Review of explanatory statement.
(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 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 review and certification of an explanatory statement. If the court considers the petition, the court may allow oral argument. The review by the Supreme Court shall be conducted expeditiously to ensure the orderly and timely conduct of the election at which the measure is to be submitted to the electors. 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 referred by petition; and
(d) The Legislative Counsel, if the measure was referred by the Legislative Assembly or if the explanatory statement prepared by the Legislative Counsel Committee is the explanatory statement for the measure under ORS 251.225. [Formerly 254.230; 2001 c.18 §1]

251.245 Measure referred by legislature; argument in support.
(1) For any measure referred to the electors by the Legislative Assembly, an argument prepared by the Legislative Assembly in support of the measure may be printed in the voters’ pamphlet. The size and length of an argument under this section shall be determined as specified in ORS 251.255.
(2) A joint committee consisting of one Senator, to be appointed by the President of the Senate, and two Representatives, to be appointed by the Speaker of the House of Representatives, shall be appointed to prepare the argument. The committee shall electronically 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; 2011 c.646 §7]

251.255 Arguments for or against measure; fee; petition; size.
(1) Not sooner than the 120th day and 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 an argument supporting or opposing the measure.
(2)(a) A person filing an argument under this section shall pay a fee of $1,200 to the Secretary of State when the argument is filed or may submit a petition in a form prescribed by the Secretary of State containing the signatures of 500 active electors. Each person signing the petition shall subscribe to a statement that the person has read and agrees with the argument.

(b) The signatures on each petition shall be verified by the county clerk or the Secretary of State.
(c) The Secretary of State by rule shall establish procedures for verifying whether a petition submitted under this subsection contains the required number of signatures of active electors.

(3) An argument filed under this section must be filed using the electronic filing system adopted by the Secretary of State under ORS 251.014.
(4) The Secretary of State by rule shall establish the size and length of arguments permitted under ORS 251.245 and this section, except that the length of an argument may not exceed 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; 2009 c.817 §3; 2011 c.646 §8; 2013 c.518 §6; 2017 c.749 §26]

251.260 Secretary of State review of arguments for or against a state measure.
(1) Not later than three business days following the deadline for filing an argument supporting or opposing a state measure under ORS 251.255, the Secretary of State shall review each argument to determine 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 supports 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 following the deadline for filing the argument.
(3) If the Secretary of State is required to attempt to contact a person under subsection (2) of this section, the secretary shall attempt to contact the person by telephone, electronic mail, electronic facsimile transmission or other method designated by the secretary by rule.
(4) If a person files a change to an argument 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 unable 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 originally filed. [2003 c.752 §2]

251.265 Voters’ pamphlet; inclusion of author of argument; author’s organization.
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 submitted the argument, the name of the organization the person represents, if any, and whether the argument supports or opposes the measure. [Formerly 255.435; 2013 c.518 §7]

251.275 [Formerly 255.418; repealed by 1993 c.811 §20]

251.285 Voters’ pamphlet; inclusion of community college district measure relating to bonding, county measure, or measure of metropolitan service district.
(1) If a community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, 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) A community college district measure relating to bonding, a county measure or a metropolitan service district measure, and the ballot title, explanatory statement and arguments relating to the measure, shall not be printed in the voters’ pamphlet unless:

(a) The ballot title is a concise and impartial statement of the purpose of the measure;
(b) The explanatory statement is an impartial, simple and understandable statement explaining the measure and its effect;
(c) The county, metropolitan service district or community college district adopts and complies with an ordinance that provides a review procedure for a ballot title or explanatory statement that is contested because it does not comply with the requirements of paragraph (a) or (b) of this subsection;
(d) The county, metropolitan service district or community college district adopts and complies with an ordinance that provides for acceptance of typewritten arguments relating to the measure not to exceed 325 words to be printed in the voters’ pamphlet; and
(e) The county, metropolitan service district or community college district does not require of a person filing an argument a payment of more than $300, or a petition containing more than a number of signatures equal to 1,000 electors eligible to vote on the measure or 10 percent of the total of such electors, whichever is less.

(3) Any judicial review of a determination made under the review procedures adopted under subsection (2)(c) of this section shall be first and finally:

(a) For a county measure, in the circuit court of the judicial district in which the county is located; or
(b) For a community college district measure relating to bonding or a metropolitan service district measure, in the circuit court of the judicial district in which the administrative office of the metropolitan service district or community college district is located.

(4) If the county, metropolitan service district or community college district has adopted and complied with ordinances prescribed in subsection (2) of this section, the decision to include the measure, ballot title, explanatory statement and arguments in the voters’ pamphlet shall be made by:

(a) The county governing body with regard to a county measure, the council of the metropolitan service district with regard to a metropolitan service district measure or the district elections authority with regard to a community college district measure relating to bonding.
(b) The chief petitioners of the initiative or referendum with regard to a 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 file the signed statement:

(A) For a county measure, with the county clerk;
(B) For a metropolitan service district measure, with the executive officer of the metropolitan service district; or
(C) For a community college district measure relating to bonding, with the district elections authority.

(c) A political committee, as defined in ORS 260.005, that opposes the measure. The committee shall indicate its decision in a statement signed by every committee director, as defined in ORS 260.005, and file the signed statement:

(A) For a county measure, with the county clerk;
(B) For a metropolitan service district measure, with the executive officer of the metropolitan service district; or
(C) For a community college district measure relating to bonding, with the district elections authority.

(5) The county, metropolitan service district or community college 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, metropolitan service district or community college district shall pay to the Secretary of State the cost of including the material described in this subsection in the pamphlet as determined by the secretary. The Secretary of State shall not print the material in the pamphlet unless:

(a) The time for filing a petition for judicial review of a determination made under subsection (2)(c) of this section has passed; and
(b) The measure, title, statement and arguments properly filed with the county, metropolitan service district or community college district, are delivered to the secretary.

(6) As used in this section, “community college district” has the meaning given that term in ORS 341.005. [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; 2009 c.817 §4; 2017 c.392 §2]

251.295 Supplement of pamphlet by radio and television broadcasts.
The Secretary of State, pursuant to ORS 193.310 to 193.360, may supplement the special or general election voters’ pamphlet by causing to have broadcast by radio or television, material 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 broadcast 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 statements 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’ pamphlet for any election. [1989 c.1031 §2; 1991 c.48 §1]

251.310 [Repealed by 1957 c.217 §9]

251.315 Contents of voters’ pamphlet; deadline.
(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 updates 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 statements and arguments submitted in accordance with the provisions of ORS 251.305 to 251.435.
(g) Such other information as the county clerk considers to be appropriate or necessary to inform the voters.

(2) The county clerk shall mail or otherwise distribute the county voters’ pamphlet not later than the last day for mailing ballots to electors as provided in ORS 254.470.
(3)(a) The name of the county clerk or other filing officer may not appear in the county voters’ pamphlet in the county clerk’s or filing officer’s official capacity if the county clerk or filing officer is a candidate in the election for which the voters’ pamphlet is printed.

(b) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165. [1989 c.1031 §3; 1993 c.713 §29; 1993 c.811 §16; 1999 c.410 §26; 2007 c.154 §13; 2019 c.508, §2]

251.320 [Repealed by 1957 c.217 §9]

251.325 Distribution of pamphlet; schedule and procedure.
(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 submitted and the size and other requirements applicable 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 nomination 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 attached, $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 the actual cost of producing the voters’ pamphlet.
(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 Portrait and statement by or for candidate; filing.
(1) As used in this section, “district” has the meaning 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 candidate 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, simple 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 Arguments for or against measure; filing.
(1) Not later than the date specified by the Secretary of State by rule, in a county that prepares a county voters’ pamphlet, any person may file with the county clerk a typewritten argument supporting or opposing any measure to be submitted to the voters on the ballot. The county clerk may not accept any arguments that are not accompanied by the fee established 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 registered electors in an electoral district, for the purposes of this section, shall be calculated 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 opposes the measure and a disclaimer that the argument does not constitute an endorsement by the county and that the county does not warrant the accuracy or truth of any statement made in the argument. [1989 c.1031 §7; 2009 c.11 §23]

251.358 Omission of ballot titles from voters’ pamphlet.
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 Oregon Revised Statutes for further explanation.

251.360 [Repealed by 1957 c.217 §9]

251.365 Preparation of pamphlet; cost; 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 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 district by the amount of any revenue received by the county clerk from the submission of candidate portraits, statements and arguments for that electoral district.
(2) Any revenue collected by the county clerk from the submission of candidate portraits, statements or arguments for any electoral 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 remaining 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 apply to any special district for which the county clerk is required to hold elections if the special district demonstrates to the satisfaction of the county clerk that the special district is unable to pay the apportioned expenses 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 Definition of “electoral district”.
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 arguments; notice of exclusion of materials.
(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 Arguments and statements; exclusion of names of persons or organizations; exceptions.
(1) Except as provided in subsection (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 argument supporting or opposing any measure or a statement of any candidate, filed for inclusion 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 organization in an argument or statement submitted for inclusion in a county voters’ pamphlet as supporting or endorsing the argument 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 quotation made by the person or by an authorized 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 subsection (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 paragraph 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 Exclusion of material from pamphlet; type; liability for libel; procedure.
(1) The county clerk shall reject any statement, argument 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 exempt from any civil or criminal action because of any defamatory statements offered for printing or contained in the voters’ pamphlet. The persons writing, signing or offering a statement or argument for filing shall be deemed its authors and publishers.
(3) The county clerk shall by rule establish a procedure to notify a person who offered 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 statement.
The candidate’s statement in a county voters’ pamphlet shall begin with a summary of the following: Occupation, educational and occupational background, and prior governmental experience. [1989 c.1031 §14]

251.430 Exemption from public records law.
Notwithstanding ORS 192.311 to 192.478 relating to public records, materials filed by a candidate for inclusion in a county voters’ pamphlet and arguments supporting or opposing 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 Action to enjoin publication of pamphlet; inadmissibility of statements and arguments.
Material submitted for inclusion 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’ pamphlet. [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]

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Chapter 253 – Absent Electors

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 qualified to vote under section 2, Article II, Oregon 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 [1979 c.190 §202; repealed by 2013 c.520 §23]

253.020 [Amended by 1957 c.641 §2; repealed by 1979 c.190 §431]

253.030 [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; repealed by 2013 c.520 §23]

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 [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; repealed by 2013 c.520 §23]

253.050 [Repealed by 1957 c.641 §23]

253.055 [1979 c.190 §206; 1991 c.107 §8; 2007 c.154 §16; repealed by 2013 c.520 §23]

253.060 [Repealed by 1957 c.641 §23]

253.065 Ballot; delivery; replacement.
(1) For electors with mailing addresses outside this state, the county clerk shall deliver a ballot:

(a) Not later than the 45th day before the election to each military or overseas elector; and
(b) Not sooner than the 29th day before the election to each absent elector with a mailing address outside this state who is not a military or overseas elector.

(2) The clerk shall deliver with the ballot instructions for marking and returning the ballot, a return identification envelope and a secrecy envelope. The back of the envelope shall include a statement to be signed by the absent elector, stating that the elector:

(a) Is qualified to vote;
(b) Unless prevented by physical disability, has personally marked the ballot; and
(c) Has not unnecessarily exhibited the marked ballot to any other person.

(3) An absent elector may obtain a replacement ballot if the ballot delivered under this section is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection.
(4) A replacement ballot provided under subsection (3) of this section may be mailed or shall be made available in the office of the county clerk.
(5) If the county clerk determines that an absent elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall count only the first ballot received by the clerk and provide the elector’s name to the Secretary of State for further review. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless:

(a) Only the original ballot was voted and returned; or
(b) The county clerk issued a supplemental ballot that is not a complete replacement of the original ballot. [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; 2011 c.607 §4; 2013 c.520 §1]

253.070 Time for receipt of ballot by county clerk.
A ballot from an absent elector must be received by a county clerk not later than 8 p.m. of the day of the election. [Amended by 1957 c.641 §5; 1969 c.676 §3; 1979 c.190 §208; 1995 c.742 §13; 2013 c.520 §2]

253.080 Ballot; duties of clerk; manner of counting.
(1) Upon receipt of an envelope containing a marked ballot from an absent elector, the clerk shall keep it safely in the office and, before delivering the ballot for counting, shall compare the signature of the absent elector that appears on the back of the ballot envelope with that upon the elector’s registration record.
(2) Except as otherwise provided in this chapter, ballots for absent electors 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; 2013 c.520 §3; 2015 c.169 §1]

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 [1979 c.190 §215; 1993 c.713 §30; 1995 c.742 §14; 1999 c.410 §35; 2007 c.154 §17; repealed by 2013 c.520 §23]

253.140 [Repealed by 1979 c.190 §431]

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]

MILITARY OR OVERSEAS ELECTORS

253.500 Military or overseas elector law; construction.
ORS 253.500 to 253.640 shall be liberally construed so that all military or overseas electors may be given an opportunity to fully exercise their voting rights. [Formerly 253.670; 2013 c.520 §4]

253.510 “Military or overseas elector” defined.
As used in ORS 253.500 to 253.640, “military or overseas elector” means a resident of this state absent from the place of residence 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 discharged from the Merchant Marine of the United States for not more than 30 days; or
(3) Temporarily living outside the territorial 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; 2013 c.520 §5]

253.515 Military or overseas elector procedures; conformity with other absent elector ballot procedures.
Except as otherwise provided in ORS 253.500 to 253.640, procedures relating to military or overseas electors’ ballots shall be as nearly as possible the same as procedures for other absent electors’ ballots. [1979 c.190 §218; 1985 c.720 §4; 2013 c.520 §6]

253.520 [1955 c.332 §3; 1969 c.261 §4; repealed by 1979 c.190 §431]

253.530 Spouse and dependents of military or overseas elector; voting.
(1) A spouse or dependent of a military or overseas elector, temporarily living outside the county or city in which is situated the last home residence in this state of the spouse or dependent, may vote in the same manner as a military or overseas elector.
(2) A spouse or dependent of a military or overseas 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 military or overseas elector. The spouse or dependent shall be considered to have resided for more than 30 days at the last residence of the military or overseas elector in this state. [1955 c.332 §16; 1957 c.641 §15; 1965 c.153 §1; 1977 c.508 §11; 1979 c.190 §219; 2013 c.520 §7]

253.540 Military or overseas elector; application for ballot.
(1) Any military or overseas elector may secure a ballot by submitting an application as specified in subsection (2) of this section to the clerk of the county of the military or overseas 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 a ballot by a military or overseas elector shall be made in the form of a written request and may be submitted by mail, electronic mail, a facsimile machine or other means identified by the Secretary of State by rule. The application shall be valid for every subsequent election until the elector otherwise notifies the clerk or is no longer an elector of the county. The application shall be signed by the applicant and contain:

(a) The name and current mailing address of the applicant;
(b) A statement that the applicant is a citizen of the United States;
(c) A statement that the applicant will be 18 years of age or older on the date of the election;
(d) A statement that for more than 20 days preceding the election the applicant’s home residence has been in this state, and giving the address of the last home residence;
(e) A statement of the facts that qualify the applicant as a military or overseas elector or as the spouse or a dependent of a military or overseas 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 ballot; and
(g) If the applicant desires to vote in a primary election, a designation of the applicant’s political party affiliation or a statement that the applicant is not affiliated with any political party. An applicant not affiliated with any political party may request a ballot for a major political party. The applicant shall be sent the ballot for the political party that the applicant requested if that political party has provided under ORS 254.365 for a 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; 2013 c.520 §8; 2019 c.675, §2]

253.545 Receipt of application; duty of county clerk.
(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 materials prescribed in ORS 253.065 to the applicant.
(2) Notwithstanding any provision of ORS chapter 247, the completed and signed application submitted under ORS 253.540 shall constitute a valid registration for the applicant.
(3) Notwithstanding subsection (1) of this section, if the county clerk receives an application from a military or overseas elector 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. [1979 c.190 §221; 1981 c.485 §2; 1993 c.493 §27; 2013 c.520 §9]

253.550 Applications made under federal 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 application for a ballot made under that law may be given the same effect as an application for a ballot made under ORS 253.500 to 253.640. [1955 c.332 §2; 1979 c.190 §222; 1991 c.71 §12; 2013 c.520 §10]

253.560 [1955 c.332 §9; 1957 c.641 §17; repealed by 1979 c.190 §431]

253.565 Special ballot; application by military or overseas elector.
(1) Any military or overseas elector may secure a special ballot for a primary election or general election by making an application under this section if the elector believes that:

(a) The elector will be residing, stationed or working outside the territorial limits of the United States and the District of Columbia; and
(b) The elector will be unable to vote and return a regular ballot by normal mail delivery within the period provided for regular absent electors.

(2) A military or overseas elector shall make the application for a special ballot in the form of a written request, which may be submitted by mail, electronic mail, a facsimile machine or other means identified by the Secretary of State by rule. The elector shall submit the application before the date of the applicable election to the clerk of the county of the military or overseas elector’s residence or to the Secretary of State. If the application is addressed to the Secretary of State, the secretary shall forward it to the appropriate county clerk. The application shall be signed by the applicant and contain:

(a) The name and current mailing address of the applicant;
(b) A designation of the election for which the applicant requests a special ballot;
(c) A statement that the applicant is a citizen of the United States;
(d) A statement that the applicant will be 18 years of age or older on the date of the election;
(e) A statement that for more than 20 days preceding the election the applicant’s home residence has been in this state, and giving the address of the last home residence;
(f) A statement of the facts that qualify the applicant as a military or overseas elector or as the spouse or a dependent of a military or overseas elector;
(g) A statement of the facts that qualify the applicant to vote by means of a special 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 ballot; and
(i) If the applicant requests a ballot for a primary election, a designation of the applicant’s political party affiliation or a statement that the applicant is not affiliated with any political party. An applicant not affiliated with any political party may request a ballot for a major political party. The applicant shall be sent the ballot for the political party that the applicant requested if that political party has provided under ORS 254.365 for a primary election that admits electors not affiliated with any political party.

(3) An application for a special ballot shall be valid only for the election specified in the application.
(4) The county clerk shall list on the special ballot the offices and measures scheduled to appear on the regular ballot, if known when the ballot is prepared, and provide space in which the elector may write in the elector’s preference.
(5) The elector may write in the name of any eligible candidate for each office to be filled or for which nominations will be made at the election, and may vote on any measure submitted at the election. [1985 c.720 §2; 1987 c.719 §§8,25; 1989 c.503 §§38,39; 1995 c.712 §50; 1999 c.999 §44; 2013 c.520 §11; 2019 c.675, §3]

253.570 [1955 c.332 §11; 1957 c.641 §18; repealed by 1979 c.190 §431]

253.575 Application for special ballot; replacement ballots; duties of county clerk.
(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 ballot, instructions for filling in and returning the ballot and an envelope to use for the return. The office address of the clerk shall appear on the front of the envelope. On the back shall appear a statement to be signed by the absent elector, stating that the elector:

(a) Is qualified to vote; and
(b) Unless prevented by physical disability, has personally marked the ballot.

(2) The completed and signed application submitted under ORS 253.565 shall constitute a valid registration for the elector.
(3) If the county clerk receives an application for a special ballot on or after the 45th day before the election specified in the application, the county clerk shall treat the application as an application made under ORS 253.540.
(4) A military or overseas elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection.
(5) Notwithstanding subsection (3) of this section, a replacement ballot may be mailed or shall be made available in the office of the county clerk.
(6) If the county clerk determines that a military or overseas elector to whom a replacement ballot has been issued at the request of the elector has voted more than once, the county clerk shall not count any ballot cast by the elector. If the county clerk is required to reissue ballots due to a change on the ballot for any reason, that ballot shall be counted in lieu of any previous ballot issued unless:

(a) Only the original ballot was voted and returned; or
(b) The county clerk issued a supplemental ballot that is not a complete replacement of the original ballot. [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; 2013 c.520 §12; 2017 c.749 §53]

253.580 [1955 c.332 §14; 1957 c.641 §19; repealed by 1979 c.190 §431]

253.585 Receipt of ballots by Secretary of State.
(1) The Secretary of State may receive ballots from military or overseas electors.
(2) If the Secretary of State receives a ballot cast by a military or overseas 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 county clerk as described in ORS 253.070. [2003 c.64 §5; 2013 c.520 §13]

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 Voting by military or overseas electors; coordination with federal authorities.
All public officers having duties under ORS 253.500 to 253.640 shall coordinate their efforts with any federal authority to facilitate voting by military or overseas electors, so that these electors may cast their ballots with the least possible interference with the performance of their duties. [1955 c.332 §4; 1979 c.190 §223; 2013 c.520 §14]

253.645 Call of elector to active military duty.
In the event of a national emergency, the Secretary of State shall assure that any elector called to active military duty is not unnecessarily denied the opportunity 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]

253.690 Casting ballot using facsimile machine or by electronic mail.
(1) A military or overseas elector described in ORS 253.510 may cast a ballot using a facsimile machine or by electronic mail as provided in this section. Notwithstanding ORS 254.470 (8), a ballot cast under this section shall be counted only if the ballot:

(a) Is received in the office of the county clerk not later than 8 p.m. on the day of the election;
(b) Is accompanied by a return identification envelope containing the signature of the elector and a signed waiver described in subsection (2) of this section; and
(c) The signature is verified as provided in subsection (4) of this section.

(2) Each elector who casts a ballot under this section shall complete and submit a waiver described in this subsection. The elector shall attest to the information supplied on the waiver by signing the completed waiver. The Secretary of State by rule shall design the form of the waiver, which shall include all of the following:

(a) Space for the elector to provide the elector’s full name, residence or mailing address, an electronic mail address, phone or facsimile number where the elector may be contacted and any other necessary information.
(b) A waiver in substantially the following form:

______________________________________________________________________________
I, _____________, acknowledge that by casting my voted ballot using a facsimile machine or by electronic mail I have waived my right to a secret ballot.
______________________________________________________________________________
(c) A statement to notify the elector that the elector’s ballot will not be counted unless the elector has complied with the provisions of this section.
(d) Space for the elector to provide the elector’s signature to attest to the information supplied.

(3)(a) If a ballot is cast under this section using a facsimile machine, the return identification envelope and waiver shall also be submitted using a facsimile machine.

(b) If a ballot is cast under this section by electronic mail, the return identification envelope and waiver shall also be submitted by electronic mail.

(4) The county clerk shall verify the signature of each elector on the return identification envelope transmitted by facsimile machine or electronic mail under this section with the signature on the elector’s registration record, according to the procedure provided by rules adopted by the Secretary of State.
(5) The Secretary of State shall adopt rules to administer this section and to ensure the secrecy of ballots cast using a facsimile machine or by electronic mail to the greatest extent possible. [2009 c.619 §2; 2010 c.9 §5; 2011 c.294 §1; 2013 c.520 §15; 2015 c.169 §2]

253.700 Ballot; duty to challenge.
(1) The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote as an absent elector whom the clerk, official or elector knows or suspects not to be qualified as an elector. The person’s ballot may be challenged at any time before the ballot is removed from its return envelope for processing.
(2) A challenge to a 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 subsection. [1985 c.808 §32; 1999 c.410 §37; 2007 c.154 §18; 2013 c.520 §16]

253.710 Prohibition of alteration; exceptions.
A person may not alter any information supplied on an application for a ballot for an absent elector except:

(1) An elections officer in the performance of official duties.
(2) The applicant. [1985 c.808 §33; 2013 c.520 §17]

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]

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Chapter 254 – Conduct of Elections

GENERAL PROVISIONS

254.005 Definitions.
As used in this chapter:
(1) “Ballot” means any material on which votes may be cast for candidates or measures. 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 candidate 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, regarding 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 qualified to vote under section 2, Article II, Oregon Constitution.
(5) “Major political party” means a political party that has qualified as a major political party under ORS 248.006.
(6) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.

(7) “Minor political party” means a political party that has qualified as a minor political party under ORS 248.008.
(8) “Nonpartisan office” means the office of judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court, Commissioner of the Bureau of Labor and Industries, any elected office of a metropolitan service district under ORS chapter 268, justice of the peace, county clerk, county assessor, county surveyor, county treasurer, county judge who exercises judicial functions, sheriff, district attorney or any office designated nonpartisan by a home rule charter.
(9) “Prospective petition” means the information, except signatures and other identification 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 defined in ORS 255.005 (2).
(11) “Vote tally system” means one or more pieces of equipment necessary to examine and tally automatically the marked ballots.
(12) “Voting machine” means any device that will record every vote cast on candidates and measures and that will either internally 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; 2009 c.491 §7; 2010 c.18 §3; 2011 c.731 §13]

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 applicable to primary elections.
(1) Statutes applicable to primary elections shall be construed as though the primary elections are separate elections for each major political party nominating candidates.
(2) The primary elections shall be conducted 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 Elections of city officers at same time and place as state and county elections.
(1) It is the intention of the Legislative Assembly to carry out the provisions 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]

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 and primary elections.
(1) The general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year. Except as provided 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 precinct committeepersons shall be elected and major political party candidates shall be nominated for offices to be filled at the general 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.
(1) When one person is to be nominated 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 described 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, receiving 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 individuals 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 [2005 c.593 §2; repealed by 2009 c.798 §1]

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 about the format of ballot and the method of voting.
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 ballots 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.
(1)(a) Each county clerk shall file a county elections security plan with the Secretary of State not later than:

(A) January 31 of each calendar year; and
(B) One business day after any revision is made to the county elections security plan.

(b) 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;
(H) The number and location of all video surveillance cameras within the elections office;
(I) Security procedures for scanning ballots into a vote tally system before the date of the election, if applicable; and
(J) Post-election ballot security.

(2) A security plan developed and filed under subsection (1) of this section is confidential and not subject to disclosure under ORS 192.311 to 192.478.
(3) For each election, at the time the county clerk certifies the results of an election, the clerk shall submit to the Secretary of State a record of:

(a) The number of ballot envelopes received.
(b) The number of ballot envelopes accepted.
(c) The number of ballot envelopes not accepted.
(d) The number of ballot envelopes rejected.
(e) The number of tallied ballots.

(4) A county clerk may not scan ballots as described in ORS 254.478 unless the Secretary of State reviews and approves a security plan described in subsection (1) of this section. [2001 c.965 §48; 2009 c.592 §2; 2013 c.679 §1]

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 applicable, shall contain for each major political party:
(1) The title of each office for which the major political party will nominate candidates at the 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 affiliated.
(4) The date of filing of the prospective petition for nomination of the candidate.
(5) The date of filing of the completed petition for nomination of the candidate, the number of valid signatures contained and the number of signatures required.
(6) The date of filing of the declaration of candidacy of the candidate.
(7) Such other information as may aid the chief elections officer in arranging the official ballot 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 federal and state 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 measures to be voted on.
(2) The information concerning candidates for the Supreme Court, Court of Appeals, 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 incumbent 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 ballot 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; 2009 c.511 §7]

254.090 [Amended by 1953 c.632 §6; repealed by 1979 c.190 §431]

254.095 City elections officers’ statements of offices, candidates and measures.
(1) The chief elections officer of any city shall file with the county clerk of the county in which the city hall of the city is located, a statement of the city offices to be filled or for which candidates are to be nominated at the election and information concerning all candidates for the offices not later than the 61st day before the date of the election.
(2)(a) Except as provided in subsection (3) of this section, the chief elections officer of any city shall file with the county clerk of the county in which the city hall is located, a statement of the city measures to be voted on, including the ballot title for each measure, not later than the 61st day before the date of the election.

(b) For each local option tax measure or general obligation bond measure placed on the ballot by a municipal corporation, the county clerk shall file a copy of the statement filed under paragraph (a) of this subsection with the Secretary of State in the manner set forth in ORS 294.474.

(3) If a measure to be submitted to the electors of a city at an election held on the first Tuesday after the first Monday in November was submitted on the election date in ORS 221.230 (1) immediately preceding the first Tuesday after the first Monday in November, the chief elections officer of the city shall file the statement required for that measure in subsection (2) of this section on the 47th day before an election held on the first Tuesday after the first Monday in November.
(4) The chief elections officer of the city shall keep a copy of each statement filed under this section.
(5) If a city is located in more than one county, the county clerk under subsection (1) of this section shall immediately file the statement and information required under subsection (1) of this section with the county clerk of any other county in which the city is located. [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; 2017 c.552 §4]

254.098 Expenses for change in information 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 district 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 Process of filing measures referred by county governing body.
(1)(a) Except as provided in subsection (2) of this section, the governing body of a county shall file with the county clerk each measure referred by the county governing body, including the ballot title for each measure, not later than the 61st day before the date of the election.

(b) For each local option tax measure or general obligation bond measure placed on the ballot by a municipal corporation, the county clerk shall file a copy of each measure filed under paragraph (a) of this subsection with the Secretary of State in the manner set forth in ORS 294.474.

(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 preceding 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; 2011 c.607 §9; 2017 c.552 §5]

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 of measures from county, city and district.
(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 measures with state measures. The number assigned 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 district 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 Style of official primary election ballot.
(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 nomination at the primary election whose nominating petitions or declarations of candidacy have been made and filed, and who have not died, withdrawn or become disqualified.
(d) The names of candidates for election as precinct committeeperson.
(e) The names of candidates for the party nomination for President of the United States who qualified for the ballot under ORS 249.078.

(2) The primary election ballot may include any city, county or nonpartisan office or the number, ballot title and financial estimates under ORS 250.125 of any measure.
(3)(a) The ballot may not contain the name of any person other than those referred to in subsections (1) and (2) of this section.

(b) The name of each candidate for whom a nominating petition or declaration of candidacy has been filed shall be printed on the ballot in but one place, except in circumstances where a candidate may hold more than one office or nomination without violating ORS 249.013.
(c) 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 with their names to distinguish 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; 2012 c.102 §2; 2017 c.749 §27]

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 candidates to nonpartisan office.
(1) The names of candidates for a nonpartisan 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 department or position number if any, of the office.
(2) At the primary election or general election:

(a) The names of candidates who are opposed for nomination or election to the Supreme Court, Court of Appeals, Oregon Tax Court 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 incumbent 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 “Official 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 nominations 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, with their political party designations. The names of the electors may not be printed on the general 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 nominated shall be printed on the ballot in but one place, without regard to how many times the candidate may have been nominated, except in circumstances where a candidate may hold more than one office or nomination without violating ORS 249.013. The name of a political party, or names of political parties, shall be printed with 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 political party shall be printed with 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 names of not more than three minor political parties selected by the candidate shall be printed with the name of the candidate;
(C) For a candidate who is a member of a political party who is nominated by a political party of which the candidate is not a member, the name of the political party that nominated the candidate shall be printed with 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 candidate is not a member, the names of not more than three political parties selected by the candidate shall be printed with the name of the candidate;
(E) For a candidate who is nominated only 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 printed with the name of the candidate; and
(F) For a candidate who is nominated by a political party of which the candidate is a member and by any political party or parties of which the candidate is not a member, the name of the political party of which the candidate is a member and the names of not more than two other political parties selected by the candidate shall be printed with the name of the candidate.

(b) If a candidate is required to select the name of a political party to be printed 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 be printed with the name of each candidate for the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court who is designated the incumbent by the Secretary of State under ORS 254.085.
(d) The word “nonaffiliated” shall be printed with the name of each candidate who is not affiliated with a political party and who is nominated by an assembly of electors or individual electors.
(e) If two or more candidates for the same office have the same or similar surnames, the location of their places of residence shall be printed with their names to distinguish one from another.

(4) Notwithstanding subsection (3)(a) of this section, the name of a candidate nominated for more than one district office that is to be filled at the same election shall be separately printed upon the ballot for each district office for which the candidate is nominated. [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; 2009 c.798 §2; 2012 c.102 §1; 2014 c.67 §2; 2014 c.112 §2; 2017 c.749 §28]

254.140 [Amended by 1957 c.608 §176; 1973 c.392 §3; repealed by 1979 c.190 §431]

254.145 Format and contents of official ballots.
(1)(a) Except as provided in paragraph (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 offices 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 offices 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 ballot, 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 column 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 measure shall be printed after the list of candidates. 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 “Proposed 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 voting machine is not used, the elector shall indicate a preference by making a cross or check mark inside a voting square corresponding 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 required 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.
(4) The requirements of this section apply only if at least one contested candidate race will be on the ballot., [Formerly 249.362; 1983 c.253 §1; 1987 c.267 §47; 1993 c.713 §49; 2007 c.154 §27; 2018 c.70 §11; 2019, c.675, §8]

254.160 [Amended by 1957 c.608 §177; 1979 c.190 §142; renumbered 250.025]

254.165 Adjusting ballot when vacancy occurs
(1) If the filing officer determines that a candidate has died, withdrawn or become 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 ballots have already been printed, the ballots must be reprinted without the name of the candidate before the ballots are delivered to the electors. The name of a candidate nominated to fill a vacancy in nomination or office must be printed on the ballots or, if the ballots 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 action taken under this section.
(2) Subsection (1) of this section does not apply if the filing officer makes the determination under subsection (1) of this section on or after the 61st 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 candidate for a state office or an office to be voted on in the state at large or in a congressional 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 located, 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 district situated wholly within the county.
(E) City clerk, auditor or recorder, regarding 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; 2009 c.366 §1; 2018 c.70 §6]

254.170 [Amended by 1957 c.608 §178; repealed by 1979 c.190 §431]

254.175 Ballot title and financial estimates.
(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 measure 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 number on the ballot.
(3) In the case of a recall election, the following shall be printed on the ballot:

(a) The statements described in section 18, Article II of the Oregon Constitution, and ORS 249.877; and
(b) The question “Do you vote to recall ______ from the office of______?”, with the name of the person against whom a recall petition has been filed printed in the first blank space and the public office held by the person printed in the second blank space.

(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; 2009 c.511 §8]

254.180 [Amended by 1953 c.150 §2; 1957 c.608 §179; 1979 c.190 §151; renumbered 250.125]

254.185 Printing and furnishing ballots.
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) Official ballots shall be printed in black ink upon good quality material.
(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; 2013 c.617 §1]

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; repealed 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 voting machines and vote tally systems.
(1) Not later than seven 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 appropriate, 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 districts 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 elections each candidate may designate one representative who has the same powers as the political party representatives. The party and candidate representatives shall certify that they have witnessed the testing. The certificates shall be filed with the county clerk. [1979 c.190 §247; 1993 c.797 §23; 2001 c.965 §22; 2007 c.154 §32; 2009 c.592 §4]

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 Map of proposed county or city boundaries for election.
At any election in which the question of establishing 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 proposed 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.
(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 affiliated with one of the major political parties 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 subsection (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 registered 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 offering 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 under subsection (3) of this section for a primary election that admits electors not affiliated with any political party. An elector not affiliated with any political party who is given a ballot of the major political party associates with the party for the purpose of voting in that 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 primary 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 paragraph (b) of this subsection, a party rule under 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 numerous 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 measures, and it is given to an elector who is not eligible to vote for party candidates, the ballot 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 electors.
The county clerk shall maintain:
(1) A monthly registration record of all electors registered as not being affiliated with any political party;
(2) At each 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 Voting by person without evidence of registration.
(1) A person offering to vote and who claims to be an elector, but for whom no evidence 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 registration 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)(a) 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 registration of the elector is verified under this section.

(b) An envelope provided under this subsection must comply with the prohibitions set forth in ORS 254.470 (11).

(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 determines the registration of the elector is considered 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; 2019 c.508, §4]

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 former name.
(2) Following the election, the registration of the elector shall be considered inactive.
(3) In order to vote at subsequent elections 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.
(1) The county clerk, an elections official or any elector shall challenge the ballot of any person offering to vote whom the clerk, official or elector knows or suspects not to be qualified as an elector.
(2) The clerk, official or elector challenging 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 challenged 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 Challenged ballot.
(1) Whenever any person offers to vote a ballot challenged under ORS 254.415, the county clerk shall ensure that the ballot offered by the person includes the number of the written statement of challenge 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 person 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 county clerk shall mail to each person offering to vote a ballot challenged under ORS 254.415 a written statement that describes the nature of the challenge. If the person does not provide evidence sufficient to verify the person’s registration by the deadline described in subsection (5) of this section, the registration of the person shall be considered inactive until the person updates or verifies the registration, the registration is canceled or the county clerk determines that the person is validly registered.
(5) The registration of each person offering to vote a ballot challenged under ORS 254.415 shall be verified not later than the 14th calendar day after the date of the election in order for the vote of the person to be counted. [1991 c.14 §3; 1993 c.713 §33; 1995 c.607 §82; 2009 c.511 §9; 2013 c.695 §1]

254.430 [Repealed by 1973 c.392 §4]

254.431 Ballot challenges for return in unsigned return identification envelope or signature match deficiency; notice to be mailed to elector; evidence to be provided by elector; disclosure as public record.
(1) If a ballot is challenged because it is returned in an unsigned return identification envelope or because the signature of an elector on a return identification envelope does not match the signature in the voter registration record for the elector, the county clerk shall mail to the elector a notice that describes the nature of the challenge. The Secretary of State shall design a standard form to be used in all notifications sent by county clerks under this subsection.
(2)(a) In order for the vote of the elector to be counted, the elector must provide evidence sufficient to disprove the challenge not later than the 14th calendar day after the date of the election. In the case of an unsigned return identification envelope, providing sufficient evidence may include completing a certified statement on a form provided by the county clerk. The Secretary of State shall design a standard form to be used for certified statements made under this paragraph.

(b) If the elector does not provide evidence sufficient to disprove a challenge alleging that the signature of the elector on a return identification envelope does not match the signature in the voter registration record for the elector by the 14th calendar day after the date of the election, the registration of the elector shall be considered inactive.

(3)(a) The filing officer may not release as a public record any information that could be used to identify an elector whose ballot has been challenged under this section until the eighth calendar day after the date of an election.

(b) Following the seventh calendar day after the date of an election, the filing officer may disclose as a public record under ORS 192.311 to 192.478 the following information about each elector whose ballot was challenged under this section:

(A) The name of the elector;
(B) The residence addresses of the elector; and
(C) The reason the elector’s ballot is being challenged.

(4) As used in this section, “filing officer” means:

(a) The Secretary of State, for federal or statewide elections and for elections to the office of state Senator or Representative; or
(b) The county clerk, for county, city or district elections. [2013 c.695 §3; 2014 c.67 §3; 2014 c.112 §3; 2015 c.169 §5; 2017 c.749 §49]

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.
(1) If an elector is within the county and, because of a physical disability or an inability to read or write, is unable to mark the ballot, 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 marking 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 envelope procedures for voting.
(1) Notwithstanding any provision of ORS 254.470:

(a) A county clerk may apply to the Secretary of State for approval of any procedure to be used in lieu of the envelope procedures described in ORS 254.470; and
(b) 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.

(2) A procedure approved by the secretary under this section must comply with the prohibitions set forth in ORS 254.470 (11).[1995 c.607 §84; 2007 c.154 §39; 2019 c.508, §5]

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 required or eligible to be conducted by mail.
(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
(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 prominently display a sign stating that the location 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 20th day before the date of an election and not later than the 14th day before 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 elector 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 military or overseas 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 official 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 official 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 primary election that admits electors not affiliated 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 must be completed, signed and submitted by the elector electronically, in person or by mail, in a manner determined by the secretary by rule and must indicate which major political party ballot the elector wishes to receive. Except for electors described in subsection (4) of this section, and subject to ORS 247.203, the application must be received 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 measures, 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 eligible to vote.

(4) For each elector who updates a voter registration after the deadline in ORS 247.025, the county clerk shall make the official ballot, the return identification envelope 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)(a) 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.

(b) The elector may return the marked ballot to the county clerk by United States mail or by depositing 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.
(c) The ballot must be returned in the return identification envelope.
(d) Subject to paragraph (e) of this subsection, if a person returns a ballot for an elector, the person shall deposit the ballot in a manner described in paragraph (b) of this subsection not later than two days after receiving the ballot.
(e) A ballot must be received at the office of the county clerk, at the designated place of deposit 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 described in this section and ORS 254.480. The county clerk shall keep a record of each replacement ballot provided under this subsection. Notwithstanding any deadline for mailing ballots in subsection (2) of this section, a replacement ballot may be mailed, made available in the office of the county clerk or made available at one central location 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 identification envelope;
(b) The envelope is signed by the elector to whom the ballot is issued, unless a certified statement is submitted under ORS 254.431; and
(c) The signature is verified as provided in subsection (9) of this section.

(9) The county clerk shall verify the signature of each elector on the return identification envelope with the signature on the elector’s registration record, according to the procedure provided by rules adopted by the Secretary of State. If the county clerk determines 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 waiting to vote or deposit a voted ballot shall be considered to have begun the act of voting.
(11)(a)(A) Except as provided in subparagraph (B) of this paragraph, the name of the Secretary of State may not appear in the secretary’s official capacity on the return identification envelope, secrecy envelope or on any instructions or materials included with the ballot if the secretary is a candidate in the election for which the ballot is printed.

(B) This paragraph does not prohibit the name of the Secretary of State from appearing in the secretary’s official capacity in the voters’ pamphlet.

(b) The name of the county clerk or other filing officer may not appear in the official capacity of the county clerk or filing officer on the return identification envelope, secrecy envelope or on any instructions or materials included with the ballot if the county clerk or filing officer is a candidate in the election for which the ballot is printed.
(c) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165. [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; 2008 c.53 §5; 2009 c.511 §24; 2013 c.520 §18; 2013 c.617 §3; 2013 c.679 §3; 2015 c.169 §3; 2017 c.749 §50; 2018 c.70 §4; 2019 c.508, §3]

254.471 Extension of deadline for returning ballots.
(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 under this section if, after consultation with affected county clerks, the secretary determines that it would be impossible or impracticable for electors to return ballots or for elections officials to tally ballots due to an emergency as defined in ORS 401.025.
(2) The Governor may not extend the deadline for returning ballots in any state, county, city or district election under subsection (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 subsection (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; 2009 c.718 §18]

254.472 Compartments for marking ballots issued at election conducted by mail.
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 ballots. The arrangement of the compartments, shelves or tables shall ensure that the elector 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]

254.473 State payment for return of ballots by mail.
(1) Except as provided in subsection (2) of this section, for each election held in this state, electors shall be provided with a return identification envelope that may be returned by business reply mail. The state shall bear the cost of complying with this subsection.
(2) The Secretary of State may require that the return identification envelopes provided to electors be returned by mail by using a method other than business reply mail if the secretary determines that an alternative method is more cost effective or efficient. The state shall bear the cost of returning ballots by mail under any method adopted by the secretary under this subsection.
(3) As used in this section, “business reply mail” means a mailing service allowing a preaddressed return identification envelope to be mailed by an elector without charge, with the state paying the mailing fee for a return identification envelope that is returned by United States mail but not for a return identification envelope that is not returned by United States mail. [2019 c.638, §2]

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 at election conducted by mail.
The county clerk may employ personnel as necessary to open envelopes, prepare ballots for counting and count ballots. The personnel may not all be members of the same political party. A candidate on the ballot at an election, other than an incumbent candidate for county clerk, or 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 any candidate on the ballot may not be employed and may not serve as a volunteer in the capacity described in this section. [1999 c.410 §41; 2009 c.511 §10]

254.478 Preparation for counting ballots delivered by mail.
(1) Subject to ORS 260.705 and not sooner than the seventh day before the date of an election, the county clerk may:

(a) Begin opening return identification and secrecy envelopes of ballots delivered by mail and received by the county clerk; and
(b) In accordance with a security plan approved by the Secretary of State under ORS 254.074, begin scanning ballots into a vote tally system.

(2) The county clerk may take any other actions that are necessary to count ballots delivered by mail. [1999 c.1002 §2; 2001 c.965 §15; 2009 c.592 §1]

254.480 Replacement ballots in elections conducted by mail.
(1) An elector may obtain a replacement ballot described in ORS 254.470. To vote a replacement 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 replacement 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 envelope clearly so that it may be readily identified as a replacement ballot; and
(d) Issue the replacement ballot by mail or other means.

(4) The completed and signed replacement ballot request form and the voted replacement ballot must be received at the office of the county clerk, a place of deposit designated by the county clerk or any location described in ORS 254.472 or 254.474 not later than the end of the period determined 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 request form has been received by the county clerk or is included with the voted replacement ballot. If a request form has been completed 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 received by the county clerk, the county clerk may not process the ballot. [2001 c.965 §27; 2007 c.154 §42; 2008 c.53 §6; 2009 c.511 §25]

254.482 Persons authorized to watch receiving and counting of votes in elections conducted by mail.
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 receiving and counting of votes. The authorization 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 persons 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 Safekeeping and disposition of ballots; destruction of unused ballots.
(1) Each county clerk is responsible for the safekeeping, disposition and security of all ballots.
(2) As soon as practicable after the final day permitted for a contest of the election or for filing a demand for a recount, the county clerk shall destroy all unused ballots. [Formerly 254.475; 2007 c.154 §43; 2013 c.679 §2]

254.485 Tally of ballots.
(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 certification test described under ORS 254.235 (1). The test shall be conducted immediately prior to scanning any ballots. The test may be observed by persons described in ORS 254.235 (2). The county clerk shall certify the results of the test.
(3) 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 continue 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 authorized 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 announce the tally as it proceeds. The board shall use only pen and ink to tally.
(6) For ballots cast using a voting machine, the county clerk shall:

(a) Enter the ballots cast using the machine 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 chapter. [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; 2009 c.592 §3]

254.495 Tally and return sheets.
(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 candidate 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 follows:

(a) If the total number of write-in votes for candidates for the same nomination or office equals or exceeds the number of votes cast for any candidate for the same nomination or office on the ballot who appears to have been nominated or elected, the county clerk shall tally all write-in votes cast for the office to show the total number of votes cast for each write-in candidate.
(b) If no names of candidates are printed on the ballot for an office, the county clerk shall tally the votes cast for each candidate for the office who received a vote.

(2) No person other than the county clerk, a member of a counting board or any other elections official designated by the county clerk may tally write-in votes. [1985 c.508 §2; 1993 c.493 §45; 1995 c.607 §46; 1999 c.318 §38]

254.505 Ballots to be counted.
(1) Only official ballots may be counted. Any vote from which it is impossible to determine the elector’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 disregard misspelling or abbreviations of the names of candidates if it can be ascertained from the ballot for whom the vote was intended.
(2) When ballots are counted by counting boards, the board chairperson, using ink, immediately 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 certain ballots.
Ballots marked “Federal 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; 2017 c.749 §4]

254.520 [Repealed by 1979 c.190 §431]

254.525 Duties immediately after vote tally.
If a vote tally system is used, the county clerk shall repeat the public certification test described under ORS 254.235 (1) for the vote tally system used to conduct the election. The test shall be conducted after all the ballots 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 Primary, general, and special elections; hand count of ballots; comparison with vote tally system.
(1) At each primary election, general election and special election, the county clerk shall make a determination on whether to conduct:

(a) 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 ballots produced by the hand count; or
(b) A risk-limiting audit in the manner described in ORS 254.532.

(2) If the county clerk determines that a hand count will be conducted:

(a) In the event that the unofficial tally of ballots produced by a vote tally system reveals that the margin of victory between 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) If the county clerk determines that a hand count will be conducted, the county clerk shall conduct a hand count of ballots cast in the election contest between the two candidates receiving the largest number of votes in the county, an election contest for an office to be voted on in the state at large and, if possible, an election contest for a state measure. The Secretary of State shall select the precincts or batches at random. At the election:

(a) If selecting precincts, no fewer than 150 ballots must have been cast in at least one of the precincts selected.
(b) If selecting batches, the number of ballots contained in the batches selected must in the aggregate be equal to or greater than:

(A) Ten percent of the total number of ballots cast in the election for a hand count required under subsection (2)(a) of this section.
(B) Five percent of the total number of ballots cast in the election for a hand count required under subsection (2)(b) of this section.
(C) Three percent of the total number of ballots cast in the election for a hand count required under subsection (2)(c) of this section.

(4) Not later than 5 p.m. of the 15th business day after the date of the election, the Secretary of State shall in writing advise the county clerks who made a determination that a hand count will be conducted of:

(a) The election contests for which ballots are to be hand counted; and
(b) The precincts or batches in which ballots are to be hand counted.

(5) A county clerk shall begin the hand counts under this section not later than the 23rd 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 Secretary of State, who shall make the results publicly available on the Secretary of State’s website.
(6) A comparison of the tally of votes produced by a vote tally system with the tally of votes produced by the hand count under this section must show that the tally of votes produced by the vote tally system differs by no more than one-half of one percent from the tally of votes produced by the hand count.
(7)(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 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 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 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.
(d) If the second hand count conducted under this subsection 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 in any race is greater than one-half of one percent, the county clerk shall conduct a hand count of all ballots 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.

(8) For purposes of conducting the hand counts 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.

(9) This section does not apply:

(a) To precincts that are subject to a recount under ORS 258.161, 258.280 or 258.290.
(b) If federal law requires a post-election hand count of ballots at the primary election, general election or special election to verify election results and the Secretary of State determines that the requirements of federal law are at least as stringent as the requirements of subsections (1) to (8) of this section. [2007 c.881 §2; 2009 c.511 §11; 2017 c.749 §42; 2019 c.562, §3]

254.530 [Amended by 1957 c.608 §187; repealed by 1979 c.190 §431]

254.532 Incorrect election outcome; county clerk to determine whether to conduct a hand count of ballots or a risk-limiting audit.
(1) As used in this section:

(a) “Incorrect election outcome” means an election outcome that differs from the election outcome that would result from an accurate hand count of all validly cast ballots.
(b) “Risk” means the probability that an audit procedure would fail to detect an incorrect election outcome.
(c) “Risk limit” means the largest acceptable risk.
(d) “Risk-limiting audit” means a set of procedures to ensure that the risk does not exceed the risk limit.

(2) At each primary election, general election or special election, the county clerk for each county shall make a determination on whether to conduct a hand count of ballots in the manner described in ORS 254.529 or to conduct a risk-limiting audit in the manner described in this section.
(3) If the county clerk makes a determination under subsection (2) of this section to conduct a risk-limiting audit, the county clerk shall conduct a risk-limiting audit for one or more single-county election contests. For an election contest involving more than one county, the county clerk may request that the Secretary of State or the county clerks in the other counties holding the election coordinate for the purpose of conducting a multicounty risk-limiting audit.
(4) A risk-limiting audit conducted under this section must:

(a) Permit members of the public to observe the procedures and verify the results of the audit;
(b) Ensure that the entity directly involved in tabulating or examining ballots during the audit does not have the sole authority to establish the policies and regulations for the audit or to judge whether an audit has satisfied those policies and regulations;
(c) Ensure that all ballots tabulated or examined during an audit are protected from loss, substitution, alteration or addition;
(d) Ensure that the audit takes into account all forms of validly cast ballots, including accepted provisional ballots;
(e) Include mechanisms that permit the entity conducting the audit to respond to particular allegations regarding election irregularities;
(f) Be conducted in a timely manner that permits the initially reported outcome to be corrected before an election contest is certified;
(g) Ensure that no change or error in technology used to assist with the audit could result in an undetected change in the results of the audit; and
(h) Be based on direct visual human examination of elector-marked ballots.

(5) A risk-limiting audit conducted under this section may not rely on a scanned image of a ballot or a machine interpretation of marks on a ballot to determine elector intent.
(6) The Secretary of State, in consultation with county clerks and individuals or entities with significant statistical expertise in conducting audits, shall establish rules for the implementation of this section, including:

(a) Setting the risk limit; and
(b) Establishing the procedures to be used for conducting a risk-limiting audit.
[2019 c.562, §2]

254.535 Preserving certain materials.
(1) Except as provided in subsection (3) of this section, each tally sheet, return sheet, record relating to a risk-limiting audit conducted under ORS 254.532, record relating to a hand count of ballots conducted under ORS 254.529 and ballot return identification envelope shall be preserved 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; 2019 c.562, §4]

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 office 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 appropriate elections officials. The abstract for election of Governor shall be delivered separately to the Secretary of State as provided in section 4, Article V, Oregon Constitution.
(4) Not later than the 30th day after the election, shall proclaim which county measure is paramount, if two or more approved county measures contain conflicting provisions.
(5) Shall prepare and deliver a certificate of nomination or election to each candidate having the most votes for nomination for or election to county or precinct offices.
(6) Shall prepare, and file with the county governing body, a certificate stating the compensation to which the board clerks are entitled. The county governing body shall order the compensation paid by county funds.
(7) As soon as possible after any election, shall send electronically the results of the election in each precinct to the Secretary of State. [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; 2009 c.720 §4]

254.546 Duties of county clerk after 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 recall 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 officially 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
(1) An individual nominated or elected to a public office by write-in votes shall sign and file a form indicating that the individual accepts the nomination or office before the filing officer 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 31st day after the election, the filing officer shall:

(A) Prepare and deliver by regular mail the form described in subsection (1) of this section to the individual; and
(B) If the filing officer has the electronic mail address of the individual, prepare and deliver by electronic mail the form described in subsection (1) of this section to the individual;

(b) Not later than the 41st day after the election, if the individual accepts the nomination or office, the individual shall sign and file the form with the filing officer; and
(c) Not later than the 45th 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; 2014 c.67 §4; 2014 c.112 §4; 2015 c.43 §1; 2018 c.70 §9]

254.550 [Repealed by 1979 c.190 §431]

254.555 Secretary of State’s duties after election.
(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 nomination, shall:

(a) Canvass the votes for the offices, except the office of Governor after the general election.
(b) Enter in a register of nominations after the primary election the name and, if applicable, major political party of each candidate nominated, the office for which the candidate is nominated and the date of entry.
(c) Prepare and deliver a certificate of nomination or election to each candidate having the most votes for nomination for or election to the office. The Secretary of State shall sign the certificate under the seal of the state.
(d) Issue a proclamation declaring the election of candidates to the offices.

(2) Not later than the 30th day after the election:

(a) The Secretary of State, regarding measures for which the secretary is the filing officer, shall canvass the votes for each measure.
(b) The Governor shall issue a proclamation giving the number of votes cast for or against each such measure, and declaring the approved measures as the law on the effective date of the measure. If two or more approved measures contain conflicting provisions, the Governor shall proclaim which is paramount. [1979 c.190 §277; 1987 c.267 §53; 1995 c.712 §67; 1997 c.249 §76; 1999 c.999 §56; 2005 c.157 §3; 2011 c.9 §32]

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 prepare 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 40th day after any election, shall canvass the vote on each city measure, and if two or more of the approved measures contain conflicting provisions, proclaim which is paramount. [Formerly 249.491; 1987 c.267 §54; 1995 c.712 §68; 1999 c.318 §39; 2005 c.157 §4; 2017 c.749 §31]

254.568 Certificate of election prior to taking oath of office.
When a candidate 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 candidate 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 Representative, 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 subsection (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 Legislative 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.
(1) If the Secretary of State determines that a vacancy 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 after the 47th day before the date of the general election:

(a) The election for that state office may not be held at the general election;
(b) The county clerks may not count ballots 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 candidate whose nomination became vacant; and
(b) The candidate selected to fill the vacancy 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; 2009 c.366 §2]

254.655 Issuance of order calling special election.
(1) If the Secretary of State determines that a special election is necessary under ORS 254.650, the secretary shall issue an order calling the election. The secretary shall issue the order not later than the fifth business 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 under this section. [2003 c.542 §3; 2007 c.154 §49]

254.660 Procedures for special election.
(1) Notwithstanding ORS 253.065, for a special election called under ORS 254.655, ballots shall be mailed to military or overseas electors not later than the 30th day before the date of the election. County clerks shall make ballots available to other absent electors 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, Article V of the Oregon Constitution.
(3) 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 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 recount may not be conducted for any special election under this section unless the recount 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 expeditiously 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 completion 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 described in this section may not contain:

(a) Any measure; or
(b) Any candidate other than those candidates for which a special election is necessary.

(8) If there is a vacancy in the nomination 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 beginning 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 entering upon the duties of the office to which the person was elected, the person elected at the special election dies, resigns or is declared disqualified by the house to which the person was elected.
(10) The Secretary of State may adopt rules governing the procedures for conducting a special election required by ORS 254.650. [2003 c.542 §4; 2013 c.520 §19]

254.990 [Repealed by 1979 c.190 §431]

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Chapter 255 – Special District Elections

255.001 [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 district.
(4) “District elections authority” means the county court or board of county commissioners, district board or other body or officer 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 located 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 qualified to vote under section 2, Article II, Oregon Constitution.
(7) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.

(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 organized under ORS chapter 264.
(2) A cemetery maintenance district organized under ORS chapter 265.
(3) A park and recreation district organized under ORS chapter 266.
(4) A mass transit district organized under ORS 267.010 to 267.394.
(5) A transportation district organized under ORS 267.510 to 267.650.
(6) A metropolitan service district organized 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 under ORS 371.055 to 371.110.
(10) A special road district organized under 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 organized 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 organized under ORS chapter 478.
(19) An airport district organized under ORS chapter 838.
(20) A geothermal heating district organized under ORS chapter 523.
(21) A water improvement district organized under ORS chapter 552.
(22) A water control district organized under ORS chapter 553.
(23) A weather modification district organized 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 incorporated into a district or to be annexed or otherwise added to a district.
(29) A soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.
(30) A heritage district organized under ORS 358.442 to 358.474.
(31) A radio and data district organized under ORS 403.500 to 403.542.
(32) A sand control district organized under ORS 555.500 to 555.535.
(33) A community college district formed under ORS chapter 341.
(34) A 9-1-1 communications district organized under ORS 403.300 to 403.380.
(35) An urban flood safety and water quality district created under ORS 550.150 to 550.400.[Formerly 259.020; 1981 c.226 §16; 1983 c.238 §1; 1983 c.350 §70; 1993 c.577 §18; 2007 c.562 §24; 2009 c.584 §23; 2015 c.560 §14; 2019 c.13, §38]

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 elections.
(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 accordance 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 specifically applicable, and shall be conducted as nearly as practicable as are general elections.
(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 Advice and assistance.
In performing 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 practicable. [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.
Except as provided in ORS 255.400 to 255.424, 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 accordance with this chapter; and
(2) No inconvenience for electors of the district will result. [Formerly 259.035; 2007 c.154 §50; 2019 c.449, §1]

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 Form for updating information on members of district boards.
(1) Not later than the 115th day before a regular district election, or not later than the 135th day before a district election held on the date of a primary election or general election, the elections officer shall deliver to each district elections authority a form for updating information on members of district boards. The form shall include, at a minimum, the district offices to be filled or for which candidates are to be nominated or elected at the next district election and information concerning the candidates.
(2) Not later than the 105th day before a regular district election or not later than the 125th day before a district election held on the date of a 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 authority 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 district using the most current information available. If the form is returned by the district 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 immediately certify the information contained on the form required under subsection (2) of this section to the county clerk of any other county in which the district is located.
(6) The Secretary of State by rule shall establish the forms and procedures the elections officer and the district elections authority 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; 2015 c.169 §4]

255.070 [Repealed by 1957 c.608 §231]

255.075 Publication of notice of district election to elect district board.
(1)(a) 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 newspaper 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.

(b) In addition to publishing a notice as described in paragraph (a) of this subsection, the elections officer may publish a notice on the county’s website for a minimum of seven days.

(2) In lieu of or in addition to publication of notice described in 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 considered given when mailed. The notice shall be made not later than the 40th day before the last day for filing a petition for nomination 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 described in subsection (1) of this section. [Formerly 259.080; 1981 c.639 §6; 1983 c.379 §1; 1985 c.808 §41; 2011 c.607 §10]

255.080 [Repealed by 1957 c.608 §231]

255.085 Notice of district election on issuance of bonds.
(1)(a) Not later than the 61st day before a district election on a measure, the district elections authority shall deliver to the elections officer a notice stating the date of the election and a ballot title. The district elections 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. The district elections authority shall include the ballot title for the measure at the time the measure is submitted to the elections officer.

(b) For each local option tax measure or general obligation bond measure placed on the ballot by a municipal corporation, the elections officer shall file a copy of the notice delivered under paragraph (a) of this subsection with the Secretary of State in the manner set forth in ORS 294.474.

(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 measure 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, including the ballot title for 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 issued; and
(d) If the bond election is authorized by ORS 450.900, the additional notice requirements in ORS 450.905.

(4)(a) In the case of a measure submitted by initiative or referendum petition, the 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 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 available edition of the newspaper referred to in this subsection after the new title is certified to the elections officer.
(c) In addition to publishing the notice as described in paragraphs (a) and (b) of this subsection, the elections officer may publish the notice on the county’s website for a minimum of seven days. [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; 2011 c.607 §11; 2017 c.552 §6; 2017 c.749 §29]

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 “District” defined.
As used in ORS 255.125 to 255.205, “district” means a district referred to in section 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 petition.
(1) Before circulating a petition to initiate or refer a district measure, the petitioner shall file with the elections officer a prospective petition. The elections officer immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The officer shall retain the prospective petition.
(2) The cover of an initiative or referendum petition shall designate the name and residence address of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the Secretary of State by rule. The cover of a referendum petition shall contain the title described in ORS 255.145 (1). If the circuit court has not reviewed the ballot title under ORS 255.155, the cover of an initiative petition shall contain the ballot title described in ORS 255.145 (3). If the circuit court has reviewed the ballot title, the cover of the initiative petition shall contain the title certified by the court.
(3) The chief petitioners shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the filing officer not later than the 10th day after any of the chief petitioners first has knowledge or should have had knowledge that:

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

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

(b) Each sheet of signatures on an initiative or referendum petition shall, if one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: “Some Circulators For This Petition Are Being Paid.”

(5) The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on an initiative or referendum petition.
(6) Not more than 20 signatures on the signature sheet of the initiative or referendum petition shall be counted. The circulator shall certify on each signature sheet that the circulator:

(a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector registered in the district.

(7) Unless otherwise provided by a district ordinance, the gathering of signatures on a petition to initiate a district measure may not exceed a period of two years from the time the petition is approved for circulation.
(8) The elections officer may not accept for filing any petition that has not met the provisions of subsection (7) of this section.
(9) A petition to initiate a district measure must be filed not less than 90 days before the election at which the proposed law is to be voted on.
(10) The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to review a copy upon request of the person. [1979 c.190 §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; 2011 c.607 §13]

255.140 One subject determination.
(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 initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.
(2) If the elections officer determines that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections officer 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 requirements 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 requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections officer shall immediately notify the petitioner, in writing by certified mail, return receipt requested, of the determination.
(4) Any elector dissatisfied with a determination of the elections officer under subsection (1) of this section may petition the circuit court of the judicial district in which the administrative office of the district is located seeking to overturn the determination of the elections officer. If the elector is dissatisfied with a determination that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the ballot title is filed with the elections officer. If the elector is dissatisfied with a determination that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the written determination is made by the 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 §38; 2005 c.797 §44]

255.145 Preparation of ballot title; notice.
(1) When a prospective 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 measure as enacted by the district elections authority or, if there is no title, the title supplied by the petitioner filing the prospective petition. The elections officer immediately shall send one copy 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 one copy 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 compliance with section 1 (2)(d) and (5), Article IV of the Oregon Constitution, as provided in ORS 255.140.
(3)(a) Not later than the fifth business day after receiving the copy of the prospective petition, the district attorney shall provide a ballot title for the district measure to be initiated or referred and send one copy of the ballot title to the elections officer. Unless the circuit court certifies a different title, or the district attorney determines that a clerical correction is necessary, this ballot title shall be the title printed on the ballot.

(b) As used in this subsection, “clerical correction” means a typographical, arithmetical or grammatical correction that is evident from the text of the draft or certified ballot title.

(4) A copy of the ballot title shall be furnished to the chief petitioner.
(5)(a) The elections officer, upon receiving a ballot title for a district measure to be referred 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.

(b) In addition to publishing a notice as described in paragraph (a) of this subsection, the elections officer may publish a notice on the county’s website for a minimum of seven days. [1979 c.190 §293; 1985 c.808 §43; 1987 c.707 §20a; 1991 c.719 §29; 1995 c.607 §49; 2005 c.797 §45; 2011 c.607 §12; 2017 c.749 §22]

255.155 Elector dissatisfied with title of district measure.
(1) Any elector dissatisfied with a ballot title filed with the elections officer by the district attorney or district elections authority may petition the circuit court of the judicial district 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 unfair. The petition shall name as respondent the district attorney or district elections authority, 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 elections officer. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify 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 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 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 organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a 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 district measure of the Port of Portland, a metropolitan 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 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 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 district organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a 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 district ordinance sought to be referred.
(4) A petition to refer a district measure of the Port of Portland, a metropolitan 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 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 officer not later than the 90th day after adoption of the district ordinance sought to be referred. [1979 c.190 §295; 1983 c.350 §75; 1987 c.211 §1; 1989 c.328 §1; 2009 c.11 §24]

255.175 Filing officer.
(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 petition contains the required number of signatures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures unless two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling.
(4) The Secretary of State may employ professional assistance to determine the sampling technique referred to in subsection (3) of this section. [1979 c.190 §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 contains the required number of verified signatures, the election on the district measure shall be held on the third Tuesday in May, the first Tuesday after the first Monday in November or the date of the next scheduled regular district election. The election date may not be sooner than the next available date listed in this subsection for which the filing deadline may be met and may not be later than the first regular district election following the 40th day after the date of the order calling the election.
(2) In a district that does not hold regular district elections, if an initiative or referendum petition contains the required number of verified signatures, the election on the district measure shall be held at the next available date listed in subsection (1) of this section for which the filing deadline may be met. [1979 c.190 §297; 1983 c.350 §76; 1985 c.808 §44; 1991 c.107 §13; 2015 c.44 §3]

255.195 [1979 c.190 §298; 1985 c.471 §13; repealed by 1987 c.724 §7]

255.205 Retention petition materials.
The elections officer shall retain the signature sheets of a filed initiative or referendum 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 publication of notice under 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 considered given when mailed. Mailed notice of a district election under ORS 255.085 shall be made not later than three days after receipt 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.
Except as provided in ORS 255.400 to 255.424:
(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 accompanied by a filing fee of $10.

(2) A petition for nomination or a declaration 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) The Secretary of State shall ensure that the templates for a nominating petition or declaration of candidacy provide the candidate with the option to provide the candidate’s race and ethnicity.
(5) In a district in which a position or zone number is assigned to each office on the district board, each petition for nomination or declaration of candidacy for election to the district board shall state the position or zone number of the office to which the candidate seeks election.
(6) The provisions of ORS 249.009 (1)(b) and 249.061 do not apply to nominating petitions filed under this section.
(7) 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 withdrawal 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; 2013 c.1 §23; 2019 c.449, §9]

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 vacancies.
Except as provided in ORS 255.400 to 255.424, 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 election, the Secretary of State by rule shall provide a nominating schedule when practicable so that candidates’ names may be printed on the regular election ballot. With regard to this vacancy, requirements of publication 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 circumstances, including but not limited to single publication in a newspaper of general circulation in the district. [Formerly 259.075; 1999 c.410 §65; 2019 c.449, §42]

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 Providing map of proposed boundaries for election on boundary question.
At any election in which the question of establishing or changing 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 indicating the proposed boundaries. The elections officer shall provide the map by:
(1) Printing the map in any voters’ pamphlet 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 candidate position or zone number.
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 office 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.
(1) Not later than the 20th day after the date of an election, the elections officer shall prepare an abstract of the votes and deliver it to the district elections authority. Not later than the 45th day after the date of an election, the district elections authority shall determine from it the result of the election.
(2) Subject to ORS 254.548, the elections officer may issue a certificate of election only after the district elections authority has notified the elections officer in writing of the result of the election. [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; 2014 c.67 §5; 2014 c.112 §5; 2017 c.749 §30; 2018 c.70 §10]

255.305 Election expenses paid by district.
(1) Except as otherwise provided by ORS 198.775, 261.210 and 568.542, 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 apportionment of expenses under subsection (2) of this section; and
(b) Designate categories of election expenses that are chargeable to a district. [Formerly 259.230; 1983 c.514 §14; 1995 c.243 §3; 2019 c.450, §7]

255.310 [Repealed by 1963 c.160 §1]

ELECTION DATES

255.325 Legislative intent to promote regularity of special district elections.
Except as provided in ORS 255.400 to 255.424, 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 adjusting or staggering terms of board members. [Formerly 259.235; 1981 c.173 §36; 2019 c.449, §43]

255.335 Regular district election.
Except as provided in ORS 255.400 to 255.424:
(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 Tuesday 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 commence 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 regular organizational meeting following the regular district election and not later than the 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; 2019 c.449, §44]

255.345 Special election dates.
(1) Except 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 Monday in November.

(2) A special election may be held on a date other than that provided in subsection (1) of this section, if the district 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 elections authority” means the body or officer authorized or required to call an election for a public corporation formed under, and deriving its powers solely from, the statutes of this state, but does not include a city or county. [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]

OREGON VOTING RIGHTS ACT

255.400 Definitions.
As used in ORS 255.400 to 255.424:
(1)(a) Except as provided in paragraph (b) of this subsection, “board of a qualifying district” means:

(A) A district school board as defined in ORS 332.002;
(B) The board of directors of an education service district as defined in ORS 334.003; or
(C) A board as defined in ORS 341.005.

(b) “Board of a qualifying district” does not include the board of directors of a pilot education service district described in ORS 334.108 to 334.115.

(2) “Polarized voting” means voting in which there is a difference in the choice of candidates or other electoral choices that are preferred by electors in a protected class, and in the choice of candidates or electoral choices that are preferred by electors in the rest of the electorate.
(3) “Protected class” means a class of electors who are distinguished by race or color or are members of a language minority group, as the class of electors is referenced and defined in the federal Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), as amended, or its successors.
(4)(a) Except as provided in paragraph (b) of this subsection, “qualifying district” means:

(A) A school district as defined in ORS 332.002;
(B) An education service district as defined in ORS 334.003; or
(C) A community college district as defined in ORS 341.005.

(b) “Qualifying district” does not include a pilot education service district described in ORS 334.108 to 334.115.

(5) “Qualifying district election” means the nomination and election of members of the board of a qualifying district.[2019 c.449, §2]

255.405 Compliance.
(1) Notwithstanding ORS chapter 332, 334 or 341 or any other provision of law:

(a) A qualifying district election may not be conducted in a manner that impairs the ability of members of a protected class to have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election as a result of the dilution or abridgment of the rights of electors who are members of that protected class; and
(b) The board of a qualifying district, in consultation with the county clerk that administers the electoral system of the qualifying district, may authorize a change to the electoral system used by the qualifying district in order to comply with ORS 255.400 to 255.424. Prior to authorizing a change under this paragraph, the board must take into consideration any recommendations made by the county clerk that administers the electoral system of the qualifying district.

(2) The Secretary of State shall include information regarding ORS 255.400 to 255.424 both in any manuals that provide a summary of all election law in this state that are compiled by the secretary and made publicly available on the secretary’s Internet website and in any other publications the secretary considers appropriate. In addition, the secretary shall develop and make publicly available on the secretary’s Internet website a guide describing:

(a) The process for an elector to notify the board of a qualifying district and bring an action alleging that a qualifying district’s electoral system fails to comply with this section; and
(b) The options and applicable timelines available to a board and qualifying district that receive a notice described in paragraph (a) of this subsection.
[2019 c.449, §3]

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]

255.411 Violations; factors.
(1) A qualifying district is in violation of ORS 255.405 if it is shown that:

(a) Electors in the qualifying district exhibit polarized voting; and
(b) Members of a protected class do not have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election as a result of the dilution or abridgment of the rights of electors who are members of that protected class.

(2) Subject to ORS 255.424, a violation of ORS 255.405 Act may be alleged by the filing of an action in either the circuit court of Marion County or the circuit court of any county in which the qualifying district is located by an individual who:

(a) Is an elector;
(b) Is a member of a protected class; and
(c) Resides within the boundaries of the qualifying district.

(3) An action filed under this section:

(a) Is subject to the filing fee described in ORS 21.145; and
(b) Must be tried and decided by a judge.

(4) The fact that members of a protected class are not geographically compact or concentrated to constitute a majority in a proposed or existing qualifying district may not preclude a judge from finding a violation of ORS 255.405 but may be a factor in determining an appropriate remedy.
(5) In determining whether polarized voting exists, a court shall analyze qualifying district elections in which at least one candidate is a member of a protected class or in which other electoral choices would affect the rights and privileges of members of a protected class. Elections conducted prior to the filing of an action under this section are more probative to establishing the existence of polarized voting than elections conducted after the filing of an action.
(6) Proof of intent on the part of electors, elected officials or a board of a qualifying district to discriminate against a protected class is not required for a judge to find a violation of ORS 255.405.
(7) Factors that are probative to establishing a violation of ORS 255.405, but that are not necessary to establish a violation, include:

(a) A history of discrimination;
(b) The use of voting practices or procedures that may enhance dilutive effects in elections;
(c) The denial of access to the processes that determine which groups of candidates receive financial support in an election;
(d) The extent to which members of a protected class bear the effects of past discrimination in areas of education, employment and health in a manner that hinders the ability of members of the protected class to participate effectively in the political process; and
(e) The use of overt or subtle racial appeals in political campaigns.

(8)(a) If a judge finds that a qualifying district has violated ORS 255.405, a court may order any remedy the court determines is necessary to cure the violation, including but not limited to requiring the board of the qualifying district to adopt a new electoral system that is tailored to remedy the violation, in compliance with ORS 255.405(1)(b).

(b) A court order requiring the board of a qualifying district to adopt a new electoral system:

(A) May not apply to the first qualifying district election held after the court order; and
(B) Shall, unless otherwise ordered by the court, apply to qualifying district elections held after the election described in subparagraph (A) of this paragraph.

(9) The court shall award any individual who prevails in an action brought under this section reasonable attorney fees, costs and expenses. A qualifying district that prevails in an action brought under this section is not entitled to costs or expenses and may be awarded reasonable attorney fees only if a judge finds that the action was brought in bad faith or for purposes of harassment. [2019 c.449, §4]

255.415 [1975 c.766 §25; 1977 c.460 §1; 1977 c.508 §12; 1979 c.190 §195; renumbered 251.255]

255.416 Changes to electoral system; public notice.
(1) The board of a qualifying district that intends to change the electoral system of the qualifying district in order to remedy a potential violation of ORS 255.405, or in order to comply with a court order requiring the board of a qualifying district to remedy a violation of ORS 255.405, shall, prior to voting on whether to adopt the proposed new electoral system:

(a) Provide public notice to residents of the qualifying district about the proposed remedy to a violation or potential violation of ORS 255.405.
(b)(A) Hold at least two public hearings over a period of not more than 60 calendar days in which the public is invited to provide input regarding the composition of the qualifying district or the board of the qualifying district. Before conducting these hearings, the board of the qualifying district may conduct outreach to the public, including to non-English-speaking communities, to explain the proposed electoral system and encourage public participation.

(B) The public hearings conducted under this paragraph must be conducted before a draft map or draft maps of the proposed qualifying district boundaries is drawn.

(c) Make publicly available:

(A) The draft map or draft maps of the proposed qualifying district boundaries;
(B) The methodology used to establish the draft map or draft maps of the qualifying district boundaries; and
(C) The potential sequence of elections if terms of office for members of the board of the qualifying district are staggered.

(d) Hold at least two public hearings over a period of not more than 60 calendar days in which the public is invited to provide input regarding the content of the draft map or draft maps and, if applicable, the proposed sequence of elections.
(e)(A) Make publicly available the final version of the map or maps to be voted on by the board of the qualifying district and the methodologies used to establish the final version of the map or maps. The materials described in this subparagraph must be made publicly available no later than seven days before the map or maps will be considered by the board of the qualifying district.

(B) If a map made publicly available under subparagraph (A) of this paragraph is subsequently altered, the revised map and methodologies used to establish the revised map shall be made publicly available for at least seven days before the revised map will be considered by the board of the qualifying district.

(2) If the board of a qualifying district votes to change the electoral system of the qualifying district under this section, the new electoral system:

(a) May not apply to the first qualifying district election held after the vote by the board of a qualifying district; and
(b) Shall apply to qualifying district elections held after the election described in paragraph (a) of this subsection.

(3) In carrying out the actions described in subsection (1) of this section, the board of a qualifying district shall consult with the county clerk that administers the electoral system of the qualifying district and take into consideration any recommendations made by the county clerk. [2019 c.449, §5]

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]

255.424 Notice of alleged violations.
(1) An individual who meets the qualifications set forth in ORS 255.411(2) and who intends to file an action alleging a qualifying district’s electoral system fails to comply with ORS 255.405 shall first notify the board of the qualifying district by certified mail. The notice shall:

(a) Be in writing;
(b) Identify and provide contact information for the individual who intends to file the action;
(c) Identify the protected class whose members do not have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election because of alleged vote dilution or abridgement or polarized voting; and
(d) Include a proposed remedy to cure the alleged violation of ORS 255.405.

(2) An individual who sends notice under subsection (1) of this section may not commence an action under ORS 255.411 to enforce compliance with ORS 255.405 within 90 days of the receipt of the notice by the board of the qualifying district.
(3) Within 90 days of receiving a notice sent under subsection (1) of this section, the board of a qualifying district may pass a resolution outlining its intention to alter its electoral system in order to ensure compliance with ORS 255.405. A resolution passed under this subsection shall set forth:

(a) The specific steps the board of a qualifying district will take to comply with ORS 255.405; and
(b) The time frame for accomplishing the steps set forth in paragraph (a) of this subsection.

(4) If the board of a qualifying district passes a resolution under subsection (3) of this section within 90 days of receiving a notice sent under subsection (1) of this section, the individual who sent the notice under subsection (1) of this section may not commence an action to enforce compliance with ORS 255.405 within 90 days of passage of the resolution.
(5)(a) If, following receipt of a notice sent under subsection (1) of this section, the board of a qualifying district passes a resolution establishing a new electoral system in order to comply with ORS 255.405, the individual who sent the notice may make a demand for reimbursement of the costs incurred by the individual in conducting the research necessary to file the action. A demand made under this subsection must:

(A) Be in writing;
(B) Be received by the board of a qualifying district within 30 days of the board passing the resolution; and
(C) Include financial documentation, such as a detailed invoice for demographic services, that support the demand.

(b) The board of a qualifying district may request additional documentation if the documentation provided under paragraph (a) of this subsection is insufficient for the board to corroborate the claimed costs.

(6)(a) In response to a demand for reimbursement made under subsection (5) of this section, the board of a qualifying district shall, within 60 days of receiving the demand:

(A) Reimburse the reasonable costs of the individual who sent the notice; or
(B) Reimburse the individual who sent the notice in an amount mutually agreed to by the parties.

(b) If more than one individual files a demand for reimbursement under subsection (5) of this section, the board of a qualifying district shall, within 60 days of receiving each demand:

(A) Reimburse the reasonable costs of each individual who sent the notice; or
(B) Reimburse each individual who sent the notice in an amount mutually agreed to by the parties.

(c)(A) Except as provided in subparagraph (B) of this paragraph, the total amount of moneys that the board of a qualifying district shall reimburse pursuant to demands for reimbursement made under subsection (5) of this section may not exceed $30,000.

(B) The total amount of moneys that the board of a qualifying district shall reimburse pursuant to demands for reimbursement made under subsection (5) of this section may not exceed $5,000 if the qualifying district is a school district, as defined in ORS 332.002, that has 500 or fewer students.
[2019 c.449, §6]

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]

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Chapter 258 – Election Contests; Recounts

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 person to an office, all candidates for the nomination or office, other than a candidate who is a contestant.
(b) In a contest of the approval or rejection 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) In a contest of the result of a recall election, the public officer subject to the recall.
(d) 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 qualified to vote under section 2, Article II, Oregon Constitution.
(6) “Full recount” means a recount of all 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.
(7) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.

(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; 2009 c.511 §12]

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 Persons authorized to contest elections; grounds.
The nomination or election of a person, the result of a recall election or the approval or rejection of a measure may be contested by any elector entitled to vote for the person, recall or measure, by any person who was a candidate at the election for the same nomination or office, by the public officer subject to the recall, by the Secretary of State if the contest involves a state measure, the recall of a state officer or a candidate for whom the Secretary of State is the filing officer, 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 connection with the nomination, election, recall election or approval or rejection of a measure.
(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 defined 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 conducted 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; 2009 c.511 §13]

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 Setting aside of election results; necessary conditions.
(1) The nomination or election of a person may 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 legal votes given to another person for the same nomination or office.

(2) The nomination or election of a person may not be set aside for the cause described in ORS 258.016 (6) unless the nomination or election would have been given to one of the candidates other than the candidate nominated or elected if all votes not cast or tallied due to the error had been cast or tallied for the other candidate.
(3) The approval or rejection of a measure may not be set aside unless:

(a) The number of votes taken from the approval or rejection by reason of the cause of the contest 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 in opposition to the contested outcome.

(4) The result of a recall election may not be set aside unless:

(a) The number of votes taken from the result of the recall election by reason of the cause of the contest would reverse the result; or
(b) The result of the recall 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 in opposition to the contested result. [Formerly 251.035; 1983 c.170 §2; 2009 c.511 §14]

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.
(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 election, any person authorized 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 or a position 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 electoral 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 petition involves a candidate for nomination or election to county, city or district office or a county, city or district measure. If a district 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.
(d) The circuit court for the county in which the filing officer authorized to order the recall election is located if the petition involves the recall of a public officer.

(2) The petition shall be verified in the manner required for verification of complaints 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; 2009 c.511 §15; 2011 c.731 §14]

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 Costs, disbursements and attorney fees; liability for payment.
(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, recall election or measure;
(b) The city for a contest of a city nomination, office, recall election or measure; or
(c) Any other political subdivision or public corporation for a contest of such a subdivision or corporation nomination, office, recall election or measure.

(2) In a contest under ORS 258.016 (7), costs, disbursements and attorney fees may not be assessed against the county clerk unless 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; 2009 c.511 §16]

258.055 Petition of contest; publication of notice of filing; service and filing of copies; 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, 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 described in this subsection for filing a motion to intervene. The notice must 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 subsection. 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 proceeding.
(2) Subsection (1) of this section does not apply if the contest involves:

(a) A state measure.
(b) The election of a candidate to the office of elector of President and Vice President of the United States.
(c) 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, Commissioner of the Bureau of Labor and Industries or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court.
(d) The recall of a person from the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries or a position of judge on the Oregon Supreme Court, the Oregon Court of Appeals or the Oregon Tax Court.

(3) Not later than two business days after the contestant files a petition of contest 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 the contestant files a petition of contest 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, the recall of a person from state office or a state measure; or
(b) The county clerk if the petition involves a candidate for county, city or district office, the recall of a person from 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, a recall 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 contest proceeding, and not later than the fifth day before the hearing shall give written notice of the hearing to each party to the proceeding. 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 determine the proceeding without a jury and shall issue written findings of law and fact. The practice and procedure otherwise applicable to civil cases shall govern the proceeding, except that the contestant has the burden of proof by clear and convincing evidence. [Formerly 251.070; 1995 c.607 §54; 2001 c.965 §31; 2009 c.511 §17; 2011 c.731 §15]

258.063 Judgment by circuit court; cost of special elections.
(1) After the contest hearing, the circuit court shall render a judgment affirming or setting aside the results of the recall election. If the court sets aside the results of the election, a special election on the recall shall be held not later than 35 days after the date the judgment was rendered.
(2) 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. [2009 c.511 §19]

258.065 Successful contest of nomination or election; effect.
(1) After the contest hearing, the circuit court shall render a judgment affirming or setting aside the nomination or election of the person for or to the office.
(2) If the judgment sets aside the nomination of a person, it also shall declare that the nomination is vacant.
(3) Except as provided in subsection (4) of this section, if the judgment sets aside the election of a person, the incumbent shall remain in office until a successor is elected.
(4) If the judgment sets aside the election of a person to an office sought by an incumbent who was defeated, the office shall be declared vacant.
(5) If the judgment under ORS 258.026 (2) sets aside the nomination or election of a person to a city office or as a member of the board of a district defined in ORS 255.012, the names of the candidates for the office shall be resubmitted to the electors at a special election held on the next available election date. The county of the county clerk or the local elections official who committed 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 Successful contest of measure; effect.
(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 measure.
(2) If the judgment sets aside the approval or rejection of a measure, the circuit court shall direct the measure to be resubmitted at a special election held on one of the dates specified in this subsection, as set by the court. In setting the election date, the court shall provide sufficient time for adequate notice to be given. The special election may be held on any of the following dates:

(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September; or
(d) The first Tuesday after the first Monday 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 challenge 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 receive testimony from the county clerk regarding 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 eligible electors and to certify the results of the election based on the new determination. [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; right to appeal.
Any party to the contest proceeding may appeal from the judgment rendered by the circuit court to the Court of Appeals in the same manner as appeals in civil cases are taken. The appeal shall take precedence over all other business on the docket. [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. Whenever demands are filed for a recount of a vote for both a measure and a nomination or office, or for more than one measure, nomination or office, the Secretary of State may determine the most appropriate procedure to be used in conducting the recounts simultaneously. [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 Demand for recount.
(1) A candidate or an officer of a political party on behalf of a candidate of the political party may file a demand requiring the Secretary of State to direct that a recount be made in specified precincts in which votes were cast for the nomination or office for which the candidate received a vote.
(2) An elector may file a demand requiring the Secretary of State to direct that a recount be made in specified precincts in which votes were cast on any measure which appeared on the ballot.
(3) A county clerk may file a demand requiring the Secretary of State to direct that a recount be made in specified precincts in which votes were cast for the nomination or office for which a candidate received a vote or on any measure that appeared on the ballot. The cash deposit requirement of subsection (5) of this section shall not apply to a demand made under this subsection. The cost of a recount conducted under this subsection shall be paid by the county of the county clerk making the demand.
(4) Except as provided in subsection (9) of this section, the person making a demand for a recount may, in the first demand, specify 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 demand 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 maximum of $8,000 for a recount of all precincts in the state on a measure or for a nomination or office. The Secretary of State may retain the deposit for not more than 60 days after the election for which the recount was demanded, without depositing it in the General Fund.
(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 organizations 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 presidential 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 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.
(1) Except as provided in subsection (2) of this section, the person making a demand for a recount shall be bound by the original official returns unless the person demands a 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 recounted 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; priority if two or more recount demands.
(1) Except as provided in subsection (4) of this section, only one recount shall be made for any measure, nomination or office for which a recount may be demanded.
(2) If two or more demands for the recount 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 recount of the same nomination or office are filed with the Secretary of State the demand received from or on behalf of the losing candidate 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 Order for recount; 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 containing precincts in which ballots were cast on the measure or for the nomination or office specified in the demand for a recount to conduct a recount in the precincts specified in the demand.
(2) If the demand for a recount of votes cast for a nomination or office is filed, the Secretary of State, not later than the third day after the filing of the first demand, shall notify the affected candidates by certified or registered mail that a recount is to be made in the precincts specified in the demand.
(3) The official who is to conduct the recount, within a reasonable time before the recount, shall notify the affected candidates or the individual filing the demand for recount for a measure of the date, time and place of the recount. [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.
(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 demanded. 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, whichever 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 Conduct of recount; opening ballot boxes; hand counting; persons 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 candidate, 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 recount.

(3) For ballots cast using a voting machine:

(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 ballots to be recounted under this section. [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; certification of votes and cost; notification of person demanding recount.
(1) The recount shall be completed as soon as practicable after the demand is filed.
(2) In the case of a full recount, the official directed to conduct the recount, as soon as practicable after completion of the recount, shall:

(a) Certify the abstract of votes recounted to the Secretary of State.
(b) Certify the abstract of votes recounted to the official issuing certificates of nomination or election regarding a nomination or office, or to the official responsible for issuing a proclamation regarding a measure. The official then shall issue the appropriate 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 directed 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 Certification of costs.
(1) The certification 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 eligible to receive such payments.
(c) Postage and telephone charges directly 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; full recount; partial 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 original 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; refund of deposit.
(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 subsection (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 recount was demanded did not receive a plurality of the votes.

(3) Moneys deposited in the special account under subsection (2) of this section are continuously appropriated for the purpose of reimbursing the county, city or other political 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 Secretary of State shall request the Oregon Department 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 recount 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 demand 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]

258.260 Multicounty or statewide election recount costs.
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 of two or more simultaneous recounts.
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 apportioned among those persons. With the advice of the official directed to conduct the recount, the Secretary of State shall determine 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 recounts; certain elections of candidates.
(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 conducted 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)(a) Unless otherwise provided by a home rule charter, at an election described in ORS 249.088, the Secretary of State shall order a full recount of the votes cast for nomination or election to a nonpartisan office for which the Secretary of State is the filing officer, and the county clerk who conducted the election shall order a full recount of the votes cast for nomination or election to any other nonpartisan office, if the canvass of votes of the election reveals that the number of votes cast for a candidate differs from a majority of votes cast for the office by not more than one-fifth of one percent of the total votes cast for the office.

(b) This subsection does not apply to the office of sheriff, the office of county clerk, the office of county treasurer or a candidate to fill a vacancy, as described in ORS 249.091.

(3) 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 special 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; 2011 c.479 §1; 2013 c.1 §24]

258.285 [1965 c.586 §22; 1979 c.317 §18; repealed by 1979 c.190 §431]

258.290 Automatic full recounts; certain elections on measures.
(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 Secretary of State, in the case of a measure for which the Secretary of State is the filing officer, 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 sections 11 and 11k, 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; 2010 c.9 §6]

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 prepared the canvass shall notify the Secretary of State of any election subject to an automatic 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]

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]

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Chapter 260 – Campaign Finance Regulation; Election Offenses

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 candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual’s consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party or political committee to solicit or receive and accept a contribution or make an expenditure on the individual’s behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or
(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 include a candidate for the office of precinct committeeperson.

(2) “Committee director” means any person who directly and substantially participates in decision-making on behalf of a political committee concerning the solicitation or expenditure of funds and the support of or opposition to candidates or measures. The officers of a political party shall be considered the directors of any political party committee of that party, unless otherwise provided in the party’s bylaws.
(3) Except as provided in ORS 260.007, “contribute” or “contribution” includes:

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

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

(b) The excess value of a contribution made for compensation or consideration of less than equivalent value.

(4) “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 controlled committee.

(5) “Controlled directly or indirectly by a candidate” means:

(a) The candidate, the candidate’s agent, a member of the candidate’s immediate family 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 candidate’s immediate family as a treasurer or director.

(6) “County clerk” means the county clerk or the county official in charge of elections.
(7) “Elector” means an individual qualified to vote under Article II, section 2, of the Oregon Constitution.
(8) Except as provided in ORS 260.007, “expend” or “expenditure” includes the payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation by or on behalf of a candidate, political committee or person in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including support of or opposition to a candidate, political committee or measure, or for reducing the debt of a candidate for nomination or election to public office. “Expenditure” also includes contributions made by a candidate or political committee to or on behalf of any other candidate or political committee.
(9) “Filing officer” means:

(a) The Secretary of State:

(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS 260.118;
(C) Regarding any measure; or
(D) Regarding any political committee.

(b) In the case of an irrigation district formed under ORS chapter 545, “filing officer” means:

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

(10) “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 candidate, or any political committee or agent of a political committee supporting or opposing a measure. For purposes of this subsection:

(a) “Agent” means any person who has:

(A) Actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate or 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 reasonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures.

(b)(A) “Clearly identified” means, with respect to candidates:

(i) The name of the candidate involved appears;
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous reference.

(B) “Clearly identified” means, with respect to measures:

(i) The ballot number of the measure appears;
(ii) A description of the measure’s subject or effect appears; or
(iii) The identity of the measure is apparent by unambiguous reference.

(c) “Communication in support of or in opposition to a clearly identified candidate or measure” means:

(A)(i) The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for the election or defeat of a clearly identified candidate for nomination or election to public office, or the passage or defeat of a clearly identified measure; and

(ii) The electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or

(B)(i) The communication involves aggregate expenditures of more than $250 by a person;

(ii) The communication refers to a clearly identified candidate or measure that will appear on the ballot or to a political party; and
(iii) The communication is published and disseminated to the relevant electorate within 60 calendar days before a primary election, 120 calendar days before a general election or 90 calendar days before an election other than a primary election or a general election.

(d) “Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate, 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 candidate’s agent, or by any political committee or agent of a political committee supporting or opposing a measure, prior to the publication, distribution, display or broadcast of the communication. An expenditure shall be presumed to be so made when it is:

(i) Based on information about the plans, projects or needs of the candidate, or of the political committee supporting or opposing a measure, and provided to the expending person by the candidate or by the candidate’s agent, or by any political committee or agent of a political committee supporting or opposing 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 candidate 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.

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

(11) “Initiative petition” means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.
(12) “Judge” means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court.
(13) “Mass mailing” means more than 200 substantially similar pieces of mail, but does not include a form letter or other mail that is sent in response to an unsolicited request, letter or other inquiry.
(14) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.

(15) “Occupation” means:

(a) The nature of an individual’s principal business; and
(b) If the individual is employed by another person, the business name and address, by city and state, of the employer.

(16) “Person” means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity.
(17) “Petition committee” means an initiative, referendum or recall petition committee organized under ORS 260.118.
(18) “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 purpose of supporting or opposing a candidate, measure or political party; or
(b) Made an expenditure for the purpose of supporting or opposing a candidate, measure or political party. For purposes of this paragraph, an expenditure does not include:

(A) A contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.057 or 260.076 or a certificate 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.

(19) “Public office” means any national, state, county, district, city office or position, except a political party office, that is filled by the electors.
(20) “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.
(21) “Referendum petition” means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.
(22) “Regular district election” means the regular district election described in ORS 255.335.
(23) “State office” means the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, state Senator, state Representative, judge or district attorney.[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; 2005 c.809 §§20,21; 2007 c.848 §28; 2009 c.818 §1; 2011 c.652 §3; 2011 c.731 §16; 2013 c.756 §8; 2013 c.758 §1; 2017 c.419 §1; 2018 c.70 §14; 2019 c.637, §7]

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, magazine or other regularly published publication, unless a political committee owns the facility.
(2) An individual’s use of the individual’s own personal residence, including a community room associated with the individual’s residence, to conduct a reception for a candidate or political committee and the individual’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 committee’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 beverages to the vendor.
(4) Any unreimbursed payment for travel expenses an individual, including a candidate, makes on behalf of a candidate or political committee.
(5) Any loan of money made by a financial 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 portion 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 encourage individuals to vote or to register to vote, including but not limited to activity that is allowed for a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code.
(7) Any communication a membership organization or corporation makes to its members, 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 legal and accounting services rendered to a candidate or political committee if the person paying for the services is the regular employer of the individual rendering the services 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 committee of a political party of the costs of preparation, display or mailing or other distribution incurred by the committee with respect 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 committee 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.
(10) A candidate debate or forum for a state office, or a communication publicizing a candidate debate or forum for a state office, when all major political party candidates for the state office have been invited to participate in the candidate debate or forum.
(11) The following nonpartisan communications that refer to a candidate or political party within 30 calendar days before a primary election or 60 calendar days before a general election:

(a) The publication of a nonpartisan voters’ guide that:

(A) Is permitted to be published by a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code; or
(B) With respect to each state office referenced in the voters’ guide:

(i) Includes information from all major political party candidates for the state office referenced; or
(ii) Offers all major political party candidates for the state office referenced a reasonable opportunity to be included in the voters’ guide.

(b) A commercial communication that depicts a candidate’s name, image, likeness or voice only in the candidate’s capacity as owner, operator or employee of a business that existed prior to the candidate’s declaration of candidacy.
(c) Official publications produced or distributed by public employees while on the job during working hours.
(d) A communication by a labor union, membership organization or corporation to its members, stockholders or executive or administrative personnel.
(e) Any other nonpartisan communication identified by the Secretary of State by rule. [1995 c.1 §2; 1997 c.631 §429; 1999 c.999 §2; 2005 c.797 §2; 2007 c.71 §79; 2017 c.419 §2]

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 Treasurers for political committees.
(1) Not later than the third business day after a political committee 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) 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. A candidate’s treasurer shall perform all the duties prescribed for the candidate under ORS 260.035 to 260.156.
(3) Contributions shall be received and expenditures made by or through the treasurer of the political committee or the candidate or the treasurer of a principal campaign committee.
(4) 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; 2011 c.652 §4]

260.037 Personal responsibility of candidate; treasurers or designees.
(1) The candidate is personally responsible for the performance of the duties referred to in ORS 260.035 (2). Any default or violation by the treasurer shall be conclusively considered a default or violation by the candidate. Any default or violation by the individual designated by the candidate or treasurer under ORS 260.039 or 260.057 is conclusively considered a default or violation by the candidate.
(2) Except as otherwise provided in subsection (1) of this section, the treasurer of a political committee or the treasurer of a petition committee is personally responsible for the performance of the duties referred to in ORS 260.035 (3) or 260.118. Any default or violation by the individual designated by the treasurer under ORS 260.042 or 260.057 is conclusively considered a default or violation by the treasurer. [1973 c.744 §4; 1979 c.190 §341; 1993 c.493 §53; 2007 c.570 §2; 2013 c.758 §2; 2017 c.517 §1]

260.038 Treasurer may serve more than one candidate or committee; replacement of treasurer.
(1) An individual may be appointed and serve as treasurer of a candidate, a political committee or petition committee or of two or more candidates, political committees or petition committees.
(2) A candidate, political committee or petition committee may remove a treasurer.
(3) In event of the death, resignation or removal of a treasurer before compliance with all obligations of a treasurer under ORS 260.035 to 260.156, no later than 14 days after the death, resignation or removal of the treasurer:

(a) A candidate shall appoint a successor and certify the name and address of the successor in the manner of an original appointment or certify to the filing officer that the candidate serves as the candidate’s own treasurer.
(b) A committee director shall appoint a successor and certify the name and address of the successor in the manner of an original appointment.
(c) A chief petitioner shall appoint a successor and certify the name and address of the successor in the manner of an original appointment. [1979 c.190 §342; 1993 c.493 §54; 2011 c.652 §5]

260.039 Statement of organization of candidate or principal campaign committee; contents; time of filing; amended statement
(1) 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, shall file a statement 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 residence, office, headquarters or similar location where the candidate may be conveniently located.
(b) In the case of a principal campaign committee:

(A) The name and address 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, if any.
(C) The name and address of the committee 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.

(2) In addition to the information listed in subsection (1) of this section, the statement of organization must include, or be amended within five business days to include, the name of the financial institution in which the campaign account required under ORS 260.054 is established, the name of the account, the name of the account holder and the names of all individuals who have signature authority for the account. The Secretary of State may not disclose information received by the secretary under this subsection except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.
(3) A candidate or treasurer may designate an individual 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 individual 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 individual designated by the candidate or treasurer under this subsection.
(4) Except as provided in ORS 260.043, a candidate who serves as the candidate’s own treasurer shall file the statement of organization not later than the third business day after the candidate first receives a contribution or makes an expenditure. The treasurer of a principal campaign committee shall file the statement of organization not later than the date specified in ORS 260.035.
(5) Except as provided in subsection (2) of this section, any change in information submitted in a statement of organization under subsections (1) and (2) of this section shall be indicated in an amended statement of organization filed not later than the 10th day after the change in information.
(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 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.
(7) 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; 2009 c.818 §2; 2013 c.756 §9; 2018 c.70 §5]

260.040 [Amended by 1957 c.643 §4; repealed by 1971 c.749 §82]

260.041 Principal campaign committee; appointment; exclusivity.
(1) Notwithstanding ORS 260.005 (18) and except as provided in ORS 260.043, a candidate shall designate a political committee as the candidate’s principal campaign committee. A candidate may designate only one political committee as the candidate’s principal campaign committee.
(2) A political committee may not be designated as the principal campaign committee of more than one candidate. [1979 c.190 §343; 1999 c.999 §7; 2005 c.809 §23; 2009 c.818 §3]

260.042 Statement of organization of political committee; contents; time of filing; amended statements; exceptions
(1) The treasurer of a political committee shall file a statement of organization with the filing officer. The statement must include:

(a) The name, address and nature of the committee. The address must 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 committee 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 committee is supporting or specifically opposing or intends to support or specifically oppose, when known, or, if the committee is supporting or specifically opposing all the candidates of a given party, the name of that party.
(f) A designation of any measure that the committee is opposing or supporting, or intends to support or oppose.
(g) A statement of whether the committee is a controlled committee.

(2) In addition to the information listed in subsection (1) of this section, the statement of organization must include, or be amended within five business days to include, the name of the financial institution in which the campaign account required under ORS 260.054 is established, the name of the account, the name of the account holder and the names of all individuals who have signature authority for the account. The Secretary of State may not disclose information received by the secretary under this subsection except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.
(3) A treasurer may designate an individual to receive any notice provided by a filing officer under ORS chapters 246 to 260. The treasurer shall include the name and address of the individual 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 committee shall also provide the notice to the individual designated by the treasurer under this subsection.
(4) A treasurer may designate an elector of this state to be liable for any civil penalty imposed under ORS 260.232. The treasurer shall include the name and address of any elector designated under this subsection in a statement of organization filed under this section.
(5) The statement of organization must be filed not later than the date specified in ORS 260.035.
(6) Except as provided in subsection (2) of this section, any change in information submitted in a statement of organization under subsections (1) and (2) of this section must be indicated in an amended statement of organization filed not later than the 10th day after the change in information.
(7) This section does not apply to a political committee that is a principal campaign committee or to a political committee exclusively supporting or opposing one or more candidates for federal or political party office.
[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; 2009 c.818 §4; 2013 c.756 §10; 2017 c.517 §2; 2018 c.70 §15]

260.043 Exemption from filing of statement of organization for candidate who expects neither contributions nor expenditures to exceed $750.
(1) A candidate who serves as the candidate’s own treasurer and who expects neither the aggregate contributions to be received nor the aggregate expenditures to be made by or on behalf of the candidate to exceed $750 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)(a) If at any time during the calendar year either the aggregate contributions or aggregate expenditures exceed $750, the candidate must file a statement of organization under ORS 260.039, establish a single exclusive campaign account as required under ORS 260.054 and file statements as required in paragraph (b) of this subsection.

(b)(A) Except as provided in subparagraph (B) of this paragraph, if at any time during the calendar year either the aggregate contributions or aggregate expenditures exceed $750, the candidate must file a statement under ORS 260.057 showing all contributions received and expenditures made. After aggregate contributions or aggregate expenditures exceed $750 during a calendar year, the statement shall be filed under the time frames established in ORS 260.057 (3).

(B) If the candidate expects neither the aggregate contributions to be received nor the aggregate expenditures to be made by or on behalf of the candidate to exceed $3,500 during the calendar year, the candidate may file a statement to that effect under ORS 260.112, rather than file statements under ORS 260.057. Notwithstanding ORS 260.112 (2), the statement shall be filed not later than seven calendar days after aggregate contributions or aggregate expenditures exceed $750 during a calendar year.

(4) For purposes of this section, a fee paid under ORS 251.095 is exempt and may not be considered when calculating:

(a) The expected aggregate amount of contributions received or expenditures made; or
(b) The actual aggregate amount of contributions received or expenditures made.
(5) This section does not apply to candidates for federal office. [1999 c.999 §6; 2005 c.809 §§6,24; 2009 c.818 §5; 2010 c.9 §7; 2017 c.80 §1; 2017 c.749 §33]

260.044 When statement of expenditures required; filing; when person considered political committee
(1) If a person makes independent expenditures in a total amount of more than $750 in a calendar year, the person shall use the electronic filing system adopted under ORS 260.057 to file with the Secretary of State a statement of independent expenditures not later than seven calendar days after the total amount of independent expenditures exceeds $750 in a calendar year.
(2) A person who files a statement of independent expenditures under subsection (1) of this section shall use the electronic filing system adopted under ORS 260.057 to file with the secretary additional statements of independent expenditures made by the person, as described in ORS 260.083.
(3) Except as provided in subsections (4) and (5) of this section, a person shall file a statement described in subsection (2) of this section not later than 30 calendar days after an independent expenditure is made.
(4)(a) A person shall file a statement described in subsection (2) of this section not later than seven calendar days after an independent expenditure is made. This paragraph applies to independent expenditures made:

(A) During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election; and
(B) During the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election.

(b) If the person makes an independent expenditure prior to the 42nd calendar day before the date of the primary or general election and the person has not filed a statement under subsection (3) of this section by the 43rd calendar day before the date of the primary or general election, the person shall file a statement described in subsection (2) of this section not later than whichever of the following dates occurs first:

(A) The date required under subsection (3) of this section; or
(B) The 35th calendar day before the date of the primary or general election.

(5) For any special election, the secretary by rule may establish a period during which a person must file a statement described in subsection (2) of this section. The period may not extend beyond seven calendar days after an independent expenditure is made.
(6) Notwithstanding ORS 260.005 (18), a person who solicits and receives a contribution or contributions is a political committee and shall file a statement of organization under ORS 260.042 and the statements required by ORS 260.057, 260.076 or 260.078.
(7) For purposes of this section:

(a) An independent expenditure does not include a contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.057, 260.076 or 260.078 or a certificate 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 organization under ORS 260.043; and
(c) A person is not a political committee under subsection (6) 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 designated candidate or political committee not later than seven business days after the contribution is received; and
(C) Required to be reported as contributions by a candidate or political committee on a statement filed under ORS 260.057, 260.076 or 260.078 or a certificate filed under ORS 260.112.
[Formerly 260.158; 1981 c.234 §8; 1981 c.303 §1; 1985 c.808 §54; 1987 c.267 §57; 1987 c.727 §2; 1993 c.493 §§56,57; 1995 c.712 §73; 1999 c.999 §8; 2001 c.82 §3; 2003 c.542 §10; 2005 c.797 §7; 2005 c.809 §§26,28a; 2009 c.818 §6; 2011 c.652 §6; 2013 c.756 §1; 2013 c.758 §3; 2018 c.70 §2]

260.045 [1971 c.749 §4; 1973 c.744 §5; 1975 c.675 §32; 1979 c.190 §346; 1981 c.234 §9; 1991 c.258 §2; 1991 c.719 §13; 1993 c.493 §105; 1999 c.999 §9; 2001 c.732 §7; 2001 c.965 §61; 2003 c.542 §11; 2005 c.797 §8; 2005 c.809 §§29,29a; 2007 c.848 §14; repealed by 2013 c.758 §15]

260.046 Discontinuing statement of organization; providing written notice.
(1) A filing officer, in accordance with rules adopted by the Secretary of State, may discontinue the statement of organization of a candidate, principal campaign committee, political committee or petition committee if the candidate or committee has not filed a statement of contributions received or expenditures made under this chapter.
(2) The Secretary of State shall adopt rules prescribing conditions and procedures under which a filing officer may discontinue a statement of organization under this section.
(3) If a filing officer discontinues a statement of organization under this section, the filing officer shall provide written notice to the candidate, principal campaign committee, political committee or petition committee that the statement has been discontinued. [2005 c.797 §5; 2011 c.652 §7]

260.049 Reports to be filed by certain corporations; contents; form.
(1) If the major source of revenue of a corporation is paid-in-capital and the primary purpose of the corporation is to support or oppose any candidate, measure or political party, and the corporation has made a contribution or an expenditure for that purpose, the corporation shall report to the Secretary of State the names, addresses and occupations of its shareholders and shall report the amount of paid-in-capital attributable to each shareholder.
(2) The information required under subsection (1) of this section, including information on the nature and amount of all expenditures of money and in-kind contributions made by the corporation, shall be filed not later than seven calendar days after the contribution or expenditure is made.
(3) The secretary shall adopt by rule a form for the filing of the information required under this section. [1991 c.911 §3; 2005 c.809 §30]

260.050 [Amended by 1957 c.643 §5; repealed by 1971 c.749 §82]

260.052 Political committee identification numbers assigned by Secretary of State.
The Secretary of State shall assign an identification number to each political committee required to file a statement with the secretary under ORS 260.057. The political committee shall include the identification number with each contribution made by the political committee. [1991 c.719 §64; 2005 c.809 §31]

260.054 Political committee campaign accounts.
(1) Each political committee shall establish a single exclusive campaign account and each petition committee organized under ORS 260.118 shall establish a single exclusive petition account in a financial institution, as defined in ORS 706.008. The financial institution must be located in this state and must ordinarily conduct business with the general public in this state.
(2) A political committee shall maintain the campaign account in the name of the political committee. A petition committee shall maintain the petition account in the name of the petition committee.
(3) Except as provided in subsection (4) of this section:

(a) All expenditures made by the political committee shall be drawn from the campaign account and:

(A) Issued on a check signed by the candidate on whose behalf the account is established, by the treasurer of the political committee or by an individual designated by the candidate or treasurer; or
(B) Paid using a debit card or other form of electronic transaction.

(b) All expenditures made by the petition committee shall be drawn from the petition account and:

(A) Issued on a check signed by the chief petitioner or treasurer of the petition committee or by an individual designated by the chief petitioner or treasurer; or
(B) Paid using a debit card or other form of electronic transaction.

(4) Subsection (3) of this section does not prohibit a person from making a cash or other expenditure on behalf of the political committee or petition committee and receiving reimbursement from the campaign or petition account.
(5)(a) Not later than seven business days after the date the contribution is received:

(A) A contribution received by a candidate or the treasurer of a political committee, directly or indirectly, shall be deposited into the campaign account.
(B) A contribution received by a chief petitioner or treasurer of a petition committee, directly or indirectly, shall be deposited into the petition account.

(b) This subsection does not apply to in-kind contributions received by a candidate, political committee or petition committee.

(6) This section does not prohibit the transfer of any amount deposited in a campaign or petition account into a certificate of deposit, stock fund or other investment instrument.
(7) A campaign or petition account may not include any private moneys, other than contributions received by the political committee or petition committee.
(8) A political committee or petition committee shall retain a copy of each financial institution account statement from the campaign or petition account described in this section for not less than two years after the date the statement is issued by the financial institution.
(9) This section does not apply to candidates described in ORS 260.043.
(10) As used in this section, “contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition. [2005 c.809 §3; 2007 c.570 §8; 2009 c.818 §7; 2017 c.749 §34]

260.055 Accounts of contributions and expenditures; inspection; preservation of accounts.
(1)(a) Each candidate, the treasurer of each political committee, the treasurer of each petition committee and each person that makes independent expenditures in a total amount of more than $250 in a calendar year shall keep detailed accounts. The accounts shall be current as of not later than the seventh business day after the date of receiving a contribution or making an expenditure or independent expenditure with respect to all contributions received and all expenditures or independent expenditures made by or on behalf of the candidate or committee that are required to be reported under ORS 260.044, 260.057, 260.076 or 260.078. Subject to ORS 260.085, the accounts shall list all information required to be reported under ORS 260.083.

(b) This subsection does not apply to candidates for political party office.

(2) Accounts kept by a candidate, a treasurer of a political committee, a treasurer of a petition committee or a person that makes independent expenditures in a total amount of more than $250 in a calendar year may be inspected under reasonable circumstances at any time before the election to which the accounts refer or during the period specified for retention of the accounts under subsection (3) of this section by any opposing candidate or the treasurer of any political committee for the same electoral contest. The right of inspection may be enforced by writ of mandamus issued by any court of competent jurisdiction. The treasurers of political committees supporting a candidate may be joined with the candidate as defendants in a mandamus proceeding.
(3) Accounts kept by a candidate, a treasurer of a political committee, a treasurer of a petition committee or a person that makes independent expenditures in a total amount of more than $250 in a calendar year shall be preserved by the candidate, treasurer or person for at least two years after the date the statement of the contribution or expenditure is filed under ORS 260.057 or the independent expenditure is made. [1971 c.749 §5; 1973 c.744 §6; 1977 c.268 §2; 1979 c.190 §347; 1981 c.234 §10; 1991 c.719 §14; 1991 c.911 §9; 1993 c.493 §59; 2001 c.82 §4; 2003 c.542 §12; 2005 c.809 §32; 2009 c.818 §21; 2010 c.9 §8; 2013 c.758 §4; 2017 c.749 §35; 2019 c.637, §9]

260.056 Loans involving candidates or committees; written agreement required.
(1) A loan made by or to a candidate, political committee or petition committee must be by written agreement.
(2) A candidate, political committee or petition committee shall keep a copy of any written loan agreement with the detailed accounts of the candidate or committee required under ORS 260.055.
(3) Notwithstanding ORS 260.055, a candidate, political committee or petition committee shall preserve a written loan agreement for at least two years after the statement of the loan is filed under ORS 260.057 or until the loan is repaid, whichever is later. [2005 c.809 §19; 2009 c.818 §27; 2011 c.652 §8]

(Statements of Contributions and Expenditures)

260.057 Electronic filing system to be used for campaign contributions and expenditures
(1) The Secretary of State by rule shall adopt an electronic filing system to be used by:

(a) All candidates and political committees to file with the secretary statements of contributions received and expenditures made by the candidates and political committees, as described in ORS 260.083.
(b) Treasurers of petition committees organized under ORS 260.118 to file with the secretary statements of contributions received and expenditures made by the treasurers or chief petitioners as described in ORS 260.083.
(c) Persons who make independent expenditures as provided in ORS 260.044 to file with the secretary statements of independent expenditures made by the persons as described in ORS 260.083.

(2) Except as otherwise provided in this section, a candidate or political committee shall file a statement of contributions received and expenditures made described in subsection (1)(a) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.
(3)(a) A candidate for nomination or election at any primary or general election or a political committee supporting or opposing a candidate or measure at any primary or general election shall file a statement described in subsection (1)(a) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This paragraph applies to contributions received and expenditures made:

(A) During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election; and
(B) During the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election.

(b) For any special election, the secretary by rule may establish a period during which a candidate for nomination or election at the special election or a political committee supporting or opposing a candidate or measure at the special election must file a statement described in subsection (1) of this section not later than seven calendar days after a contribution is received or an expenditure is made.
(c) If the candidate or political committee receives a contribution or makes an expenditure prior to the 42nd calendar day before the date of the primary or general election and the candidate or political committee has not filed a statement of the contribution or expenditure under subsection (2) of this section by the 43rd calendar day before the date of the primary or general election, the candidate or political committee shall file a statement described in subsection (1)(a) of this section not later than whichever of the following dates occurs first:

(A) The date required under subsection (2) of this section; or
(B) The 35th calendar day before the date of the primary or general election.

(4) The electronic filing system shall be provided free of charge by the secretary and shall:

(a) Accept electronic files that conform to the format prescribed by the secretary by rule; or
(b) Be compatible with any other electronic filing application provided or approved by the secretary.

(5)(a) Except as provided in paragraph (b) of this subsection, the secretary shall make all data filed electronically under subsection (1)(a) of this section and all information filed with the secretary under ORS 260.049 or 260.085 available on the Internet to the public free of charge according to a schedule adopted by the secretary by rule. The secretary shall make the data available in a searchable database that is easily accessible by the public. When the secretary makes data or information available on the Internet under this subsection, the secretary shall display any contribution received from a person or political committee with an out-of-state address in a different colored font than a contribution received from a person or political committee with an in-state address.

(b) The secretary may not make data that are filed electronically under subsection (1)(a) of this section available to the public under this section, unless the data are required to be listed under ORS 260.083. The secretary may not disclose under ORS 192.311 to 192.478 any data that are filed electronically under subsection (1)(a) of this section, unless the data are required to be listed under ORS 260.083.

(6) Each statement required by this section shall be signed and certified as true by the candidate, treasurer, designee of the candidate or treasurer or person who files a statement of independent expenditures under ORS 260.044, as appropriate. Signatures shall be supplied in the manner specified by the secretary by rule.
(7) This section does not apply to:

(a) Candidates for federal office;
(b) Candidates who are not required to file a statement of organization under ORS 260.043; or
(c) Candidates, political committees or petition committees that file certificates under ORS 260.112.
[2005 c.809 §14; 2007 c.570 §1; 2007 c.848 §12; 2008 c.41 §1; 2009 c.818 §8; 2013 c.756 §2; 2013 c.758 §5; 2017 c.749 §36; 2018 c.70,§1]

260.058 [1981 c. 234 §3 (enacted in lieu of 260.072); 1983 c.71 §1; 1985 c.732 §1; 1987 c.727 §3; 1989 c.503 §§19, 20; 1989 c.1054 §1; 1993 c.493 §60; 1995 c.712 §74; 1999 c.999 §23; 2001 c.732 §2; 2005 c.797 §9; repealed by 2005 c.809 §56]

260.060 [Amended by 1957 c.643 §6; 1969 c.279 §1; repealed by 1971 c.749 §82]

260.062 [1971 c.749 §6; 1973 c.744 §7; repealed by 1979 c.190 §431]

260.063 [1981 c.234 §4 (enacted in lieu of 260.072); 1983 c.71 §2; 1985 c.732 §2; 1987 c.727 §4; 1989 c.503 §§21,22; 1989 c.1054 §3; 1993 c.493 §61; 1995 c.712 §75; 1999 c.225 §1; 1999 c.999 §24; 2001 c.732 §3; 2005 c.797 §21; repealed by 2005 c.809 §56]

260.064 Filing updated statement upon receipt of updated information.
(1) If a candidate, political committee or petition committee receives updated information that an in-kind contribution received from another candidate, political committee or petition committee reported in a statement filed under ORS 260.057, 260.076 or 260.118 is inaccurate or otherwise insufficient, the candidate, political committee or petition committee that received the in-kind contribution shall, without penalty, file an updated statement with the Secretary of State:

(a) Not later than the date that the statement is required to be filed under ORS 260.057, 260.076 or 260.118; or
(b) If the filing deadline has passed, not later than 30 calendar days after the candidate, political committee or petition committee received the updated information.

(2) This section does not apply to a candidate, political committee or petition committee that knew or reasonably should have known that the information reported in the statement originally filed under ORS 260.057, 260.076 or 260.118 was inaccurate or insufficient at the time of filing. [2009 c.818 §26]

Note: 260.064 was added to and made a part of ORS chapter 260 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

260.065 [1965 c.110 §2; repealed by 1971 c.749 §82]

260.067 [1965 c.289 §2 (260.067, 260.075 and 260.077 enacted in lieu of 260.070); 1969 c.243 §1; repealed by 1971 c.749 §82]

260.068 [1981 c.234 §5 (enacted in lieu of 260.072); 1983 c.71 §3; 1985 c.732 §3; 1987 c.267 §60; 1987 c.727 §5; 1989 c.503 §§23,24; 1989 c.1054 §§5,6; 1991 c.911 §§5,6; 1993 c.493 §§62,63; 1995 c.712 §76; 1999 c.999 §25; 2001 c.732 §4; 2005 c.797 §10; repealed by 2005 c.809 §56]

260.070 [Amended by 1961 c.75 §1; repealed by 1965 c.289 §1 (260.067, 260.075 and 260.077 enacted in lieu of 260.070)]

260.072 [1971 c.749 §7; 1973 c.744 §8; 1975 c.683 §7; 1977 c.678 §2; 1979 c.190 §348; repealed by 1981 c.234 §2 (260.058, 260.063, 260.068, 260.073 and 260.078 enacted in lieu of 260.072)]

260.073 [1981 c.234 §6 (enacted in lieu of 260.072); 1983 c.71 §4; 1985 c.732 §4; 1985 c.808 §55; 1987 c.267 §61; 1987 c.727 §6; 1989 c.503 §§25,26; 1989 c.1054 §§7,8; 1991 c.911 §§7,8; 1993 c.493 §§65,66; 1995 c.712 §77; 1999 c.225 §2; 1999 c.999 §26; 2001 c.732 §5; 2005 c.797 §11; repealed by 2005 c.809 §56]

260.075 [1965 c.289 §3 (260.067, 260.075 and 260.077 enacted in lieu of 260.070); 1967 c.469 §1; repealed by 1971 c.749 §82]

260.076 Contributions received during session of Legislative Assembly; statements of legislative officials, statewide officials, statewide candidates, and officials’ and candidates’ campaign committees; time for filing.
(1) A legislative official, statewide official or candidate therefor, or the official’s or candidate’s principal campaign committee, shall file statements showing contributions received by or on behalf of the official, candidate or committee during the period beginning January 1 and ending upon adjournment of the regular session of the Legislative Assembly, or during any special session of the Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor, or the principal campaign committee of the Governor, Governor-elect or candidate, shall file statements showing contributions received by or on behalf of the Governor, Governor-elect, candidate or committee during the period beginning January 1 and ending 30 business days following adjournment of the regular session of the Legislative Assembly, or during any special session of the Legislative Assembly.
(3) A person or political committee affiliated with a political party, caucus of either house of the Legislative Assembly, legislative official, statewide official or the Governor, Governor-elect or candidate for Governor shall file statements showing contributions received by the person or committee on behalf of a legislative official, statewide official or candidate therefor, during the period beginning January 1 and ending upon adjournment of the regular session of the Legislative Assembly, or during any special session of the Legislative Assembly.
(4) A person or political committee affiliated with a political party, caucus of either house of the Legislative Assembly, legislative official, statewide official or the Governor, Governor-elect or candidate for Governor shall file statements showing contributions received by the person or committee on behalf of the Governor, Governor-elect or candidate for Governor, during the period beginning January 1 and ending 30 business days following adjournment of the regular session of the Legislative Assembly, or during any special session of the Legislative Assembly.
(5) A statement described in subsections (1) to (4) of this section shall be filed with the Secretary of State on a form prescribed by the secretary. For contributions received during the period beginning on January 1 and ending on the first day of the regular session, a statement shall be filed not later than two business days after the first day of the regular session. For contributions received on or after the first day of the regular session, a statement shall be filed not later than two business days after the date a contribution is received. For contributions received during any special session of the Legislative Assembly, a statement shall be filed not later than two business days after the date a contribution is received.
(6) As used in this section:

(a) “Legislative official” means any member or member-elect of the Legislative Assembly.
(b) “Statewide official” means the Secretary of State or Secretary of State-elect, State Treasurer or State Treasurer-elect, Attorney General or Attorney General-elect and the Commissioner of the Bureau of Labor and Industries or the Commissioner-elect of the Bureau of Labor and Industries. [2001 c.82 §2; 2005 c.797 §23; 2005 c.809 §32a; 2007 c.570 §6; 2009 c.818 §9; 2011 c.545 §74; 2011 c.731 §17; 2013 c.758 §6]

260.077 [1965 c.289 §4 (260.067, 260.075 and 260.077 enacted in lieu of 260.070); 1967 c.339 §3; repealed by 1971 c.749 §82]

260.078 Report of contributions giving rise to assets not previously reported.
If the first statement filed by a candidate, a candidate’s principal campaign committee, a petition committee or a political committee under ORS 260.057 shows an unexpended balance of contributions not previously reported on hand, the statement shall list all contributions and expenditures giving rise to the unexpended balance of contributions in accordance with ORS 260.083. [1981 c.234 §7 (enacted in lieu of 260.072); 2003 c.542 §13; 2005 c.797 §12; 2005 c.809 §33; 2017 c.749 §37]

260.080 [Repealed by 1971 c.749 §82]

260.082 [1971 c.749 §8; repealed by 1973 c.744 §48]

260.083 Contents of statements; contributions; expenditures; loans; in kind contributions; expenditures by agents; independent expenditures; vendors.
(1)(a) For a contribution, except as provided in ORS 260.085, a statement filed under ORS 260.044, 260.057, 260.076, 260.078 or 260.118 shall list:

(A) The name, occupation and address of each person, and the name and address of each political committee or petition committee, that contributed an aggregate amount of more than $100 in a calendar year on behalf of a candidate or to a political committee or petition committee and the total amount contributed by that person or committee; and
(B) The total amount of other contributions as a single item, but shall specify how those contributions were obtained.

(b) For an expenditure, including an independent expenditure, a statement filed under ORS 260.044, 260.057, 260.076, 260.078 or 260.118 shall list:

(A) The amount and purpose of each expenditure made in an aggregate amount of more than $100 to a payee, the name or, if applicable, the business name of the payee of the expenditure, and the city, or county if the payee is not located in a city, and state in which the payee is located; and
(B) The total amount of other expenditures as a single item.

(c) For each loan, whether repaid or not, made by or to a candidate, political committee or petition committee, a statement filed under ORS 260.044, 260.057, 260.076, 260.078 or 260.118 shall list:

(A) The name and address of each person shown as a cosigner or guarantor on a loan and the amount of the obligation undertaken by each cosigner or guarantor;
(B) The name of the lender holding the loan; and
(C) The terms of the loan, including the interest rate and repayment schedule.

(2) An expenditure shall be reported as an account payable only if the expenditure is not paid within the time specified in ORS 260.057, 260.076 or 260.118.
(3) Anything of value paid for or contributed by any person shall be listed as both an in-kind contribution and an expenditure by the candidate or committee for whose benefit the payment or contribution was made.
(4) If a candidate, political committee or petition committee under ORS 260.057 or 260.118 makes an expenditure that must be reported as an in-kind contribution and an expenditure as provided in subsection (3) of this section, the candidate, political committee or petition committee making the original expenditure shall, in any statement filed under ORS 260.057, 260.078 or 260.118, identify the expenditure as an in-kind contribution and identify the candidate, political committee or petition committee for whose benefit the expenditure was made.
(5) If a political committee makes an expenditure that qualifies as an independent expenditure under ORS 260.005 (10), the listing of the expenditure under this section shall identify any candidates or measures that are the subject of the independent expenditure and state whether the independent expenditure was used to advocate the election, passage or defeat of the candidates or measures.
(6) As used in this section:

(a) “Address” has the meaning given that term in rules adopted by the Secretary of State.
(b) “Contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition. [Formerly 260.162; 1981 c.234 §11; 1985 c.732 §5; 1989 c.80 §4; 1989 c.503 §42; 1989 c.1054 §12; 1991 c.258 §1; 1991 c.719 §15; 1993 c.493 §68; 1995 c.1 §20; 1995 c.607 §87; 1999 c.262 §3; 1999 c.814 §1; 1999 c.999 §10; 2001 c.82 §5; 2001 c.965 §59; 2003 c.542 §14; 2005 c.797 §13; 2005 c.809 §§8,16; 2009 c.818 §10; 2013 c.756 §3]

260.085 Listing occupation of contributor; procedure when occupation unknown.
(1) An account required by ORS 260.055 and a statement required by ORS 260.083 to list the occupation of a contributor must list the occupation of the contributor in the account and on the first statement filed under ORS 260.057 or 260.076 after the contribution is received if the occupation is known to the candidate, political committee or petition committee filing the statement.
(2) If an account required by ORS 260.055 or a statement required by ORS 260.083 to list the occupation of a contributor does not list the occupation of the contributor as required by ORS 260.055 or on the first statement filed under ORS 260.057 or 260.076 after the contribution is received, the candidate, political committee or petition committee shall file with the account and with the statement filed under ORS 260.057 documentation of a written request to the contributor to furnish the contributor’s occupation.
(3) If a candidate, political committee or petition committee receives a contribution that does not identify the occupation of the contributor, the candidate or committee shall make a written request to the contributor to furnish the occupation of the contributor within seven calendar days after receiving the contribution. A written request under this subsection may be sent by electronic mail.
(4) If a candidate, political committee or petition committee receives information identifying the occupation of a contributor after making a written request under subsection (3) of this section, the candidate or committee, within seven calendar days after receiving the information, shall include the contributor’s occupation in the account kept under ORS 260.055 and in the contributor’s entry filed under ORS 260.057. [1989 c.80 §3; 1991 c.719 §16; 1993 c.493 §69; 2001 c.82 §6; 2003 c.542 §15; 2005 c.797 §14; 2005 c.809 §34; 2008 c.41 §4; 2009 c.818 §28]

260.090 [Repealed by 1971 c.749 §82]

260.092 [1971 c.749 §9; 1973 c.744 §13; 1975 c.683 §8; 1977 c.836 §9; 1979 c.190 §350; repealed by 1981 c.234 §19]

260.095 Expenditures that must be reported as both in-kind contribution and expenditure; notice of expenditure; rules.
(1) If a candidate, political committee or petition committee under ORS 260.057 or 260.118 makes an expenditure that must be reported as both an in-kind contribution and an expenditure by the candidate, political committee or petition committee for whose benefit the expenditure was made as provided in ORS 260.083 (3), the candidate, political committee or petition committee making the original expenditure shall:

(a) Notify the candidate or committee for whose benefit the expenditure was made in writing that the expenditure was made; and
(b) Deliver the notice not later than 48 hours after the time that the candidate, political committee or petition committee making the original expenditure includes the expenditure in a statement under ORS 260.057.

(2) The Secretary of State shall adopt rules requiring expenditures that must be reported as both an in-kind contribution and an expenditure by the candidate, political committee or petition committee for whose benefit the expenditure was made to be highlighted in an identifiable color in the electronic filing system required under ORS 260.057. [2013 c.756 §7]

Note: 260.095 was added to and made a part of ORS chapter 260 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

260.100 [Repealed by 1957 c.643 §9]

260.102 [1971 c.749 §10; 1973 c.744 §14; 1975 c.675 §33; 1979 c.190 §351; 1991 c.258 §3; 1991 c.719 §17; 2005 c.809 §§35,35a; repealed by 2013 c.758 §15]

260.105 [1957 c.643 §1; 1959 c.416 §1; 1963 c.175 §1; 1971 c.749 §28; renumbered 260.345]

260.110 [Amended by 1957 c.643 §7; repealed by 1971 c.749 §82]

260.112 Certification by candidate or political committee that neither contributions nor expenditures expected to exceed $3,500; time for filing; records; statements filed when contributions or expenditures exceed $3,500.
(1)(a) A candidate or a treasurer of a political committee who expects neither the aggregate contributions to be received nor the aggregate expenditures to be made by or on behalf of the candidate or political committee to exceed $3,500 in total amount during the calendar year shall file a certificate to that effect with the Secretary of State. The candidate or treasurer shall make the certificate according to the best of the knowledge or belief of the candidate or treasurer. A candidate or treasurer filing a certificate under this section is not required to file statements under ORS 260.057.

(b) A treasurer of a petition committee organized under ORS 260.118 who expects neither the aggregate contributions to be received nor the aggregate expenditures to be made by a chief petitioner or the treasurer to exceed $3,500 in total amount during the calendar year shall file a certificate to that effect with the Secretary of State. The treasurer shall make the certificate according to the best of the knowledge or belief of the treasurer. A treasurer filing a certificate under this section is not required to file statements under ORS 260.118.

(2) A certificate described in subsection (1) of this section shall be filed:

(a) By a candidate, not sooner than the date that the candidate files a statement of organization under ORS 260.039, and not later than seven calendar days after the candidate receives a contribution or makes an expenditure.
(b) By a treasurer of a political committee, not sooner than the date that the political committee files a statement of organization under ORS 260.042, and not later than seven calendar days after the political committee receives a contribution or makes an expenditure.
(c) By a treasurer of a petition committee, not sooner than the date that the petition committee files a statement of organization under ORS 260.118, and not later than seven calendar days after the petition committee receives a contribution or makes an expenditure.

(3) A candidate, political committee or petition committee under this section must keep contribution and expenditure records during the calendar year.
(4) If at any time following the filing of a certificate under this section and during the calendar year either the aggregate contributions or aggregate expenditures exceed $3,500, the candidate or treasurer shall do all of the following:

(a) File a statement under ORS 260.057 or 260.118 within seven calendar days after either the aggregate contributions or aggregate expenditures exceed $3,500. The statement must reflect all contributions received and expenditures made by or on behalf of the candidate, political committee or petition committee to that date, beginning January 1 of the calendar year.
(b) If necessary, file additional statements under ORS 260.057 or 260.118.

(5) This section does not apply to a candidate for federal office.
(6) As used in this section, “contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition. [1971 c.749 §11; 1975 c.683 §9; 1977 c.644 §5; 1979 c.190 §352; 1981 c.234 §12; 1985 c.808 §56; 1987 c.727 §7; 1989 c.503 §27; 1991 c.87 §5; 1999 c.999 §22; 2005 c.797 §15; 2005 c.809 §36a; 2009 c.818 §11; 2011 c.481 §1; 2013 c.758 §7]

260.118 Chief petitioners of initiative, referendum, or recall petitions; appointment of treasurer; statement of organization; statements of contributions and expenditures; times for filing.
(1) The chief petitioners of an initiative, referendum or recall petition shall appoint a treasurer. The treasurer shall be an elector of this state. Contributions must be received and expenditures made by or through the treasurer.
(2) The treasurer shall file a statement of organization of a petition committee with the appropriate filing officer. The treasurer shall file the statement not later than the third business day after a chief petitioner or the treasurer receives a contribution or makes an expenditure relating to the initiative, referendum or recall petition. The statement must include:

(a) The name and address of the chief petitioners.
(b) The name and address of the treasurer appointed under subsection (1) of this section.
(c) A designation of the initiative, referendum or recall petition. The designation of the recall petition must include the name of the officer whose recall is demanded.

(3) In addition to the information listed in subsection (2) of this section, the statement of organization must include, or be amended within five business days to include, the name of the financial institution in which the petition account required under ORS 260.054 is established, the name of the account, the name of the account holder and the names of all individuals who have signature authority for the account. The Secretary of State may not disclose information received by the secretary under this subsection except as necessary for purposes of enforcing the provisions of ORS chapters 246 to 260.
(4) A treasurer may designate an elector of this state to be liable for any civil penalty imposed under ORS 260.232. The treasurer shall include the name and address of any elector designated under this subsection in a statement of organization filed under this section.
(5) Except as provided in subsection (3) of this section, if there is a change in the information submitted in a statement of organization under subsections (2) and (3) of this section, the treasurer shall file an amended statement of organization not later than the 10th day after the change in information.
(6) The treasurer of an initiative, referendum or recall petition committee shall use the electronic filing system adopted under ORS 260.057 to file with the Secretary of State statements of contributions received and expenditures made by the petition committee, as described in ORS 260.083.
(7) The treasurer of an initiative petition committee shall file a statement described in subsection (6) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This subsection applies to contributions received and expenditures made:

(a) During the period beginning on the 42nd calendar day before the date that is four months before a general election and ending on the date that is four months before a general election; and
(b) During the period beginning on the 42nd calendar day before the date of any primary election and ending on the date of the primary election and the period beginning on the 42nd calendar day before the date of any general election and ending on the date of the general election.

(8) The treasurer of a referendum petition committee or a recall petition committee shall file a statement described in subsection (6) of this section not later than seven calendar days after a contribution is received or an expenditure is made. This subsection applies:

(a) For a referendum petition committee, to contributions received and expenditures made during the period beginning on the date the treasurer is appointed under subsection (1) of this section and ending on the deadline for submitting signatures for verification; and
(b) For a recall petition committee, to contributions received and expenditures made during the period beginning on the day on which the recall petition is filed under ORS 249.865 and ending on the deadline for submitting signatures for verification.

(9) Except as provided in subsection (10) of this section, during a period not described in subsection (7) or (8) of this section, a treasurer of an initiative, referendum or recall petition committee shall file a statement described in subsection (6) of this section not later than 30 calendar days after a contribution is received or an expenditure is made.
(10) If a treasurer of an initiative petition committee receives a contribution or makes an expenditure prior to the 42nd calendar day before the date that is four months before a general election, or the 42nd day before the date of the primary election or general election, and the treasurer has not filed a statement of the contribution or expenditure under subsection (6) of this section by the 43rd calendar day before the date that is four months before a general election, or the 43rd day before the date of the primary election or general election, the treasurer shall file a statement described in subsection (6) of this section not later than the 35th calendar day before the date that is four months before a general election, or not later than whichever of the following dates occurs first:

(a) The date required under subsection (9) of this section; or
(b) The 35th day before the date of the primary election or general election.

(11) For an initiative petition committee, the accounting period for the first statement filed under this section begins on the date the treasurer is appointed under subsection (1) of this section.
(12) Each statement required under this section must be signed and certified as true by the treasurer. Signatures must be supplied in the manner specified by the secretary by rule.
(13) Subsections (6) to (12) of this section do not apply to petition committees that file certificates under ORS 260.112.
(14) As used in this section, “contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition.
[1983 c.71 §6; 1985 c.808 §57; 1987 c.210 §2; 1987 c.727 §8; 1991 c.719 §54; 1993 c.493 §§70,71; 1995 c.607 §57; 1999 c.999 §11; 2001 c.732 §1; 2001 c.965 §56; 2005 c.797 §16; 2005 c.809 §37; 2007 c.848 §13; 2009 c.818 §12; 2013 c.756 §4; 2017 c.517 §3; 2017 c.749 §54; 2018 c.70 §3]

260.120 [Amended by 1957 c.643 §8; 1961 c.67 §1; repealed by 1971 c.749 §82]

260.122 [1971 c.749 §12; 1973 c.744 §15; repealed by 1977 c.644 §7]

260.130 [1967 c.339 §2; repealed by 1971 c.749 §82]

260.132 [1971 c.749 §13; repealed by 1975 c.683 §15]

260.142 [1971 c.749 §14; repealed by 1973 c.744 §48]

260.150 [1975 c.684 §5; 1979 c.190 §353; repealed by 1987 c.727 §15]

260.152 [1971 c.749 §15; repealed by 1973 c.744 §48]

260.153 [1979 c.190 §354; repealed by 1987 c.727 §15]

260.154 [1973 c.744 §10; repealed by 1975 c.684 §11]

260.156 Rules for reporting contributions and expenditures; valuation and allocation; proportional reporting.
(1) The Secretary of State may adopt rules for the manner of determining and reporting expenditures and contributions under this chapter, including but not limited to rules for allocation of contributions and expenditures and for determination of fair market value of contributions other than money. Rules adopted under this section shall provide for proportional reporting of expenditures and contributions that benefit more than one candidate or political committee.
(2) The valuation or allocation of any contribution or expenditure under a rule adopted by the Secretary of State before the contribution or expenditure was made or, if it is a continuing contribution or expenditure, the valuation or allocation of that part available to and used on behalf of the candidate after the adoption of the rule, shall be presumed to be the fair market value or allocation of it. [1973 c.744 §11; 1975 c.683 §10; 1975 c.684 §7a; 1979 c.190 §355; 2001 c.965 §64]

260.158 [1973 c.744 §12; 1975 c.683 §10a; 1979 c.190 §345; renumbered 260.044]

260.159 [1999 c.824 §7; repealed by 2005 c.809 §56]

260.160 [1995 c.1 §3; repealed by 1999 c.999 §59]

260.161 [2001 c.82 §13; repealed by 2005 c.809 §56]

260.162 [1971 c.749 §16; 1973 c.744 §16; 1975 c.675 §34a; 1975 c.683 §11; 1979 c.190 §349; renumbered 260.083]

260.163 Additional requirements by counties or cities permitted.
(1) A county or city may adopt charter provisions or ordinances that:

(a) Require the filing of electronic or paper statements of contributions received and expenditures made that are in addition to the statements required to be filed under this chapter by candidates for nomination or election to county or city office or by political committees supporting or opposing candidates for nomination or election to county or city office or the adoption of a county or city measure;
(b) Require the filing of electronic or paper statements of independent expenditures made by persons in support of or in opposition to candidates for nomination or election to county or city office or in support of or in opposition to the adoption of a county or city measure that are in addition to the statements required to be filed under this chapter; or
(c) Subject to subsection (2) of this section, designate the county clerk or city elections officer as the filing officer for:

(A) Statements required to be filed under this chapter by candidates for nomination or election to county or city office or by political committees supporting or opposing candidates for nomination or election to county or city office or the adoption of a county or city measure;
(B) Statements required to be filed under this chapter by persons making independent expenditures in support of or opposition to candidates for nomination or election to county or city office or in support of or opposition to the adoption of a county or city measure;
(C) Any additional statements of contributions received or expenditures made that are required by a charter provision or ordinance to be filed by candidates for nomination or election to county or city office or by political committees supporting or opposing candidates for nomination or election to county or city office or the adoption of a county or city measure; or
(D) Any additional statements of independent expenditures made that are required by a charter provision or ordinance to be filed by persons supporting or opposing candidates for nomination or election to county or city office or supporting or opposing the adoption of a county or city measure.

(2) If a county or city adopts a charter provision or ordinance requiring the filing of statements of contributions received and expenditures made or the filing of statements of independent expenditures that are in addition to the statements required to be filed under this chapter, the charter provision or ordinance shall also designate the county clerk or city elections officer as the filing officer for the additional statements.
(3) If a county or city adopts a charter provision or ordinance under subsection (1) of this section:

(a) The county or city shall file a copy of the charter provision or ordinance with the Secretary of State; and
(b) For purposes of this chapter, any additional statements required to be filed by the charter provision or ordinance are considered statements required to be filed under ORS 260.044 or 260.057.

(4) If a county or city adopts a charter provision or ordinance under subsection (1) of this section that designates the county clerk or city elections officer as the filing officer for a statement described in subsection (1) of this section, any reference in this chapter to the filing officer or to the Secretary of State as the filing officer for the statement is considered a reference to the county clerk or the city elections officer. [2005 c.809 §§51,52]

260.164 [1995 c.1 §15; repealed by 1999 c.999 §59]

260.165 [1987 c.902 §9; 1989 c.986 §2; 1989 c.987 §30; repealed by 1993 c.797 §33; amended by 1994 initiative, 1995 c.1 §21; repealed by 1995 c.607 §91]

260.168 [1995 c.1 §4; repealed by 1999 c.999 §59]

260.170 [1987 c.902 §10; 1993 c.493 §71; repealed by 1993 c.797 §33]

260.172 [1995 c.1 §16; repealed by 1999 c.999 §59]

260.174 [Formerly 260.725; 1999 c.318 §43; repealed by 2005 c.797 §73]

260.175 [1987 c.902 §11; repealed by 1993 c.797 §33]

260.178 [1995 c.1 §5; repealed by 1999 c.999 §59]

260.180 [1995 c.1 §6; repealed by 1999 c.999 §59]

260.182 [1995 c.1 §7; repealed by 1999 c.999 §59]

260.184 [1995 c.1 §13; repealed by 1999 c.999 §59]

260.188 [1995 c.1 §8; repealed by 1999 c.999 §59]

260.190 [1995 c.1 §14; repealed by 1999 c.999 §59]

260.192 [1995 c.1 §17; repealed by 1999 c.999 §59]

(Administration and Enforcement)

260.200 Uniform system of accounts and forms; provision by Secretary of State.
The Secretary of State by rule shall:
(1) Prescribe a uniform system for accounts required by ORS 260.055.
(2) Prescribe forms for statements and other information required under this chapter to be filed with filing officers, and furnish those forms to persons required to file those statements and other information.
(3) Prescribe materials, including financial institution account statements and copies of checks, that a candidate, political committee or petition committee must retain or provide to the secretary for purposes of administering or enforcing the provisions of this chapter. The secretary shall prescribe personal or confidential information that is not required to be disclosed under this subsection. [1971 c.749 §17; 1979 c.190 §356; 1985 c.808 §58; 1993 c.493 §72; 1999 c.999 §12; 2005 c.809 §7; 2009 c.818 §29]

260.202 [1995 c.1 §12; repealed by 1999 c.999 §59]

260.205 Inspection of statements; time to inspect; notice of failure to file statement or insufficient statement; complaints.
(1) A filing officer shall inspect each statement filed under ORS 260.057, 260.083, 260.112 or 260.118 not later than the 10th business day after the filing deadline or the 10th business day after the statement is filed, whichever is later.
(2) A filing officer immediately shall notify a person required to file a statement with the filing officer under ORS 260.057, 260.083, 260.112 or 260.118 if:

(a) Upon examination of relevant materials, it appears to the filing officer that the person has failed to file a required statement or that a statement filed with the filing officer by the person is insufficient; or
(b) A complaint is filed with the filing officer under subsection (3) of this section.

(3) An elector may file with a filing officer a complaint that a statement filed with the filing officer is insufficient or that a person has failed to file a required statement. The complaint shall be in writing, shall state in detail the reasons for complaint and shall be filed with the filing officer not later than the 90th day after the date the statement of which it complains is filed or should have been filed.
(4) If upon receiving notification under subsection (2) of this section a person responds by filing a statement or submitting information to correct an insufficient statement, the filing officer shall confirm whether the person’s response is sufficient not later than 90 days after receiving the response. If, within 90 days, the filing officer does not confirm whether a response is sufficient under this subsection, the person is not subject to civil penalty under ORS 260.232 for failure to file or failure to include the required information in the statement. [1971 c.749 §18; 1979 c.190 §357; 1981 c.142 §6; 1985 c.808 §59; 1991 c.719 §18; 1993 c.493 §73; 1999 c.999 §13; 2001 c.732 §6; 2003 c.542 §16; 2005 c.797 §25; 2005 c.809 §38a; 2009 c.818 §22; 2013 c.758 §8]

260.210 [Amended by 1971 c.749 §36; renumbered 260.402]

260.215 Filing officers; examination and investigation of statements
(1) For statements filed during each calendar year, each filing officer shall examine each statement filed with the filing officer under ORS 260.044, 260.057, 260.083, 260.112 or 260.118 (6) to determine whether the statement is sufficient. The filing officer shall examine statements under this section not later than 90 days after the end of each calendar quarter for statements filed during the previous calendar quarter.
(2) The filing officer may require any person to answer in writing and upon oath or affirmation before a judge, justice of the peace, county clerk or notary public any question within the knowledge of that person concerning the source of any contribution. The filing officer shall advise the person of the penalty for failure to answer.
[1971 c.749 §19; 1973 c.744 §19; 1979 c.190 §358; 1981 c.142 §7; 1983 c.71 §7; 1993 c.493 §74; 1995 c.712 §78; 1999 c.999 §14; 2003 c.542 §17; 2005 c.809 §§39,39a; 2007 c.848 §15; 2009 c.818 §13; 2013 c.758 §9; 2017 c.517 §5; 2018 c.70 §16]

260.218 Subpoenas; contempt.
(1) The Secretary of State, or the Attorney General acting under ORS 260.345, may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine compliance with the provisions of this chapter.
(2) If a person fails to comply with any subpoena issued under subsection (1) of this section, a judge of the circuit court of any county, on application of the Secretary of State or Attorney General, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the circuit court. [1987 c.727 §13; 1993 c.493 §75; 1999 c.999 §15; 2019 c.637, §6]

260.220 [Repealed by 1971 c.749 §82]

260.225 Proceedings to compel filing of proper statements; reasonable attorney fees.
(1) Upon the petition of the Secretary of State or an elector, or of any other filing officer with whom a statement is required to be filed, the circuit court for the county in which the principal office of the filing officer is located may compel a candidate, treasurer or person who fails to file a statement required to be filed with the filing officer under ORS 260.044, 260.057, 260.076, 260.083, 260.112 or 260.118, or who files with the filing officer an insufficient statement, to file with the filing officer a proper statement. The petition shall be filed with the circuit court not later than the 90th day after the date the statement is filed or should have been filed.
(2) If the court determines that a petition filed under this section is frivolous or the court does not compel the filing of any statement, the candidate, treasurer or person against whom the petition was filed is entitled to recover reasonable attorney fees at trial and on appeal. [1971 c.749 §20; 1973 c.744 §20; 1979 c.190 §359; 1985 c.808 §60; 1989 c.571 §1; 1993 c.493 §76; 1999 c.999 §16; 2001 c.82 §7; 2003 c.542 §18; 2005 c.809 §40; 2009 c.818 §14; 2013 c.758 §10]

260.227 [1973 c.744 §18; repealed by 1975 c. 684 §1 (260.228 enacted in lieu of 260.227)]

260.228 [1975 c.684 §2 (enacted in lieu of 260.227); 1979 c.519 §34; repealed by 1979 c.190 §431]

260.230 [Repealed by 1967 c.630 §2 (260.231 enacted in lieu of 260.230)]

260.231 [1967 c.630 §3 (260.231 enacted in lieu of 260.230); 1971 c.749 §40; renumbered 260.432]

260.232 Failure to file statement or certificate; failure to include information in statement; civil penalty; notice; hearing.
(1) The Secretary of State may impose a civil penalty as provided in this section, in addition to any other penalty that may be imposed, for:

(a) Failure to file a statement or certificate required to be filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118 the information required under ORS 260.044, 260.057, 260.076, 260.083 or 260.118.

(2)(a) If a person required to file has not filed a statement or certificate complying with applicable provisions of ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.085, 260.112 or 260.118 within the time specified in ORS 260.044, 260.057, 260.076, 260.078 or 260.118, the Secretary of State by first class mail or electronically shall notify the person or elector designated under ORS 260.042 or 260.118 that a penalty may be imposed and that the person has 20 days from the service date on the notice to request a hearing before the Secretary of State.

(b) If the person required to file is a candidate or the principal campaign committee of a candidate, the Secretary of State shall send the notice described in paragraph (a) of this subsection by first class mail or electronically to the candidate. The notice shall be used for purposes of determining the deadline for requesting a hearing under subsection (3) of this section.

(3) A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held by the Secretary of State:

(a) Upon request of the person against whom the penalty may be assessed, if the request is made not later than the 20th day from the service date on the notice sent under subsection (2) of this section;
(b) Upon request of the filing officer with whom a statement or certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State’s own motion.

(4) A hearing under subsection (3) of this section shall be held not later than 45 days after the deadline for the person against whom the penalty may be assessed to request a hearing. However, if requested by the person against whom the penalty may be assessed, a hearing under subsection (3) of this section shall be held not later than 60 days after the deadline for the person against whom the penalty may be assessed to request a hearing.
(5) The Secretary of State shall issue an order not later than 90 days after a hearing or after the deadline for requesting a hearing if no hearing is held.
(6) The person against whom a penalty may be assessed need not appear in person at a hearing held under this section, but instead may submit written testimony and other evidence, subject to the penalty for false swearing, to the Secretary of State for entry in the hearing record. The testimony and other evidence must be received by the secretary not later than three business days before the day of the hearing and may be submitted electronically.
(7) A civil penalty imposed under this section may not be more than the following:

(a) For failure to file a statement or certificate required to be filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118, 10 percent of the total amount of the contribution or expenditure required to be included in the statement or certificate; or
(b) For each failure to include in a statement filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083, 260.112 or 260.118 the information required under ORS 260.044, 260.057, 260.076, 260.083 or 260.118, 10 percent of the total amount of the contribution or expenditure required to be included in the statement.

(8) The Secretary of State, upon a showing of mitigating circumstances, may reduce the amount of the penalty described in subsection (7) of this section.
(9) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.745. [1979 c.190 §360; 1979 c.519 §34a; 1981 c.234 §13; 1983 c.71 §8; 1985 c.471 §14; 1991 c.319 §1; 1991 c.719 §30; 1991 c.734 §118; 1993 c.493 §77; 1993 c.743 §24; 1999 c.999 §17; 2001 c.82 §8; 2003 c.542 §19; 2005 c.797 §17; 2005 c.809 §41; 2009 c.818 §15; 2011 c.652 §9; 2013 c.756 §5; 2013 c.758 §11; 2017 c.517 §4; 2017 c.749 §38]

260.234 Action by filing officer; violations; notification.
(1) A filing officer having reason to believe that a violation of an election law or rule for which a civil penalty may be imposed under ORS 260.232 has occurred shall proceed promptly as though the officer had received a complaint under ORS 260.345 and, not later than two years following the date the violation is alleged to have occurred, shall:

(a) Determine whether a violation occurred; and
(b) If a penalty is to be imposed, notify the person alleged to have committed the violation in the manner described in ORS 260.232 (2).

(2) Not later than 90 calendar days after receiving payment for a penalty imposed under ORS 260.232 or receiving other information in response to a notification under subsection (1) of this section, the Secretary of State shall send a notice to the person stating whether the response or payment received is sufficient. [2009 c.818 §25]

260.235 [1971 c.749 §21; 1973 c.744 §21; repealed by 1979 c.190 §431]

260.240 [Repealed by 1967 c.630 §5]

260.241 Delay in filing statement; removal from general election ballot if filing after 61st day before election; time of notice.
(1) Despite delay in the filing of statements relating to a candidate’s nomination required to be filed under ORS 260.057, or in the filing of a certificate described in ORS 260.112 in lieu of a statement required under ORS 260.057, prior to the nominating election, the candidate’s name shall appear on the general election ballot if those statements or the certificate is filed before the 61st day before the general election.
(2) A candidate’s name may not be placed on the general election ballot if the statements or certificate referred to in subsection (1) of this section is not filed before the 61st day before the general election.
(3) If the statements or certificate referred to in subsection (1) of this section is not filed by the 68th day before the general election, the filing officer by mail or electronically shall notify the candidate that the candidate’s name may not be placed on the general election ballot. The filing officer shall send the notice described in this subsection by first class mail or electronically to the candidate and the candidate’s treasurer or the treasurer of the candidate’s principal campaign committee. The filing officer is not required to send two notices if the candidate serves as the treasurer of the candidate’s principal campaign committee. [1979 c.190 §361; 1981 c.234 §14; 1985 c.808 §61; 1993 c.493 §78; 1999 c.999 §18; 2005 c.809 §42; 2011 c.652 §10; 2017 c.749 §39]

260.245 Failure to file statement; withholding certificate of election or certificate of nomination.
The Secretary of State, county clerk or chief city elections officer may not grant a certificate of election or certificate of nomination to any candidate until the candidate has filed the statements relating to the election that the candidate is required to file under ORS 260.057. [1971 c.749 §22; 1973 c.744 §22; 1977 c.829 §21; 1979 c.190 §362; 1981 c.234 §15; 2003 c.542 §20; 2005 c.809 §43]

260.250 [Amended by 1971 c.749 §41; renumbered 260.442]

260.255 Preservation of filed statements; summary of statement.
(1) Except as provided in subsection (2) of this section, a filing officer shall preserve each statement filed with the officer under ORS 260.057, 260.076, 260.083, 260.112 or 260.118, or an accurate copy of it, for at least six calendar years.
(2) The Secretary of State shall maintain all data filed electronically under ORS 260.057 on the Internet for at least six calendar years after the date the secretary first makes the data available. After six calendar years, if the data are not maintained on the Internet, the secretary shall retain and dispose of the data in a manner prescribed by the State Archivist. The State Archivist shall consider the value of the data for legal, administrative or research purposes and shall establish rules for procedures for the retention and disposition of data described in this section. [1971 c.749 §23; 1973 c.744 §23; 1975 c.683 §12; 1979 c.190 §363; 1981 c.234 §16; 1991 c.719 §31; 1993 c.493 §79; 1999 c.999 §19; 2001 c.82 §9; 2003 c.542 §21; 2005 c.797 §18; 2005 c.809 §§44,44a; 2007 c.848 §29; 2009 c.818 §30; 2013 c.758 §12]

260.260 [Repealed by 1971 c.749 §82]

260.262 Accounts of chief petitioner.
(1) As used in this section, “accounts” means:

(a) Any contract entered into by a chief petitioner of an initiative or referendum petition relating to a state measure and any person for purposes of obtaining signatures on the initiative or referendum petition or on a prospective petition for a state measure to be initiated;
(b) Any employment manual or training materials provided to persons who obtain signatures on the petition or prospective petition;
(c) Payroll records for each employee obtaining signatures on the petition or prospective petition showing hours worked, number of signatures collected and amounts paid;
(d) Records identifying the amount and purpose of each payment made by the chief petitioner or any contractor, as defined in ORS 260.563, to any subcontractor, as defined in ORS 260.563, obtaining signatures on the petition or prospective petition; and
(e) Copies of signature sheets circulated by persons who are being paid to obtain signatures on the petition or prospective petition.

(2) For purposes of enforcing section 1b, Article IV of the Oregon Constitution, a chief petitioner of an initiative or referendum petition relating to a state measure who pays any person money or other valuable consideration to obtain signatures on the petition or prospective petition shall keep detailed accounts. The accounts shall be current as of not later than the seventh calendar day after the date a payment is made to a person for obtaining signatures on the petition or prospective petition.
(3) The Secretary of State shall review the accounts of each chief petitioner described in subsection (2) of this section in the manner and according to a regular schedule adopted by the secretary by rule.
(4) In addition to the review conducted under subsection (3) of this section, the secretary, Attorney General or Commissioner of the Bureau of Labor and Industries may inspect the accounts of a chief petitioner described in subsection (2) of this section under reasonable circumstances at any time before the deadline for filing signatures on the petition or during the period specified for retention of the accounts under subsection (5) of this section. The right of inspection may be enforced by writ of mandamus issued by any court of competent jurisdiction.
(5) A chief petitioner must preserve the accounts pertaining to an initiative or referendum petition relating to a state measure, or to a prospective petition for a state measure to be initiated, for at least two years after the deadline for filing the petition for verification of signatures or at least two years after the date the last statement is filed under ORS 260.118, whichever is later.
(6) If a chief petitioner does not produce accounts under subsection (3) or (4) of this section:

(a) There is a rebuttable presumption that a violation of section 1b, Article IV of the Oregon Constitution, has occurred; and
(b) The chief petitioner may not obtain additional signatures on the petition or prospective petition until the chief petitioner is able to supply the accounts to the secretary, Attorney General or commissioner.

(7) Accounts are not subject to disclosure under ORS 192.311 to 192.478. [2007 c.848 §5; 2009 c.533 §4; 2013 c.519 §5]

260.265 [1995 c.1 §9; repealed by 1999 c.999 §59]

DISCLOSURE OF SOURCE OF COMMUNICATION OR DONATION

260.266 Statement of persons who paid for communication in support of or in opposition to clearly identified candidate; requirements; rules.
(1) Except as otherwise provided by a local provision, a communication in support of or in opposition to a clearly identified candidate must state the name of the persons that paid for the communication.
(2) For the purpose of complying with subsection (1) of this section:

(a) Except as provided in paragraph (b) of this subsection, a communication in support of or in opposition to a clearly identified candidate by a political committee or petition committee must state:

(A) The name of the political committee or petition committee; and
(B) The names of the five persons that have made the largest aggregate contributions of $10,000 or more to the committee in the election cycle in which the communication is made.

(b) A communication in support of or in opposition to a clearly identified candidate by an individual, a for-profit business entity or a candidate or the principal campaign committee of a candidate must state the name of the individual, for-profit business entity or candidate.
(c)(A) A communication in support of or in opposition to a clearly identified candidate by a person not described in paragraph (a) or (b) of this subsection must state:

(i) The name of the person; and
(ii) Except as provided in subparagraph (B) of this paragraph, the names of the five persons that have made the largest aggregate donations of $10,000 or more to the person in the election cycle in which the communication is made.

(B) In identifying persons that have made aggregate donations of $10,000 or more, a person described in this paragraph may exclude:

(i) Donations received from an affiliated charitable organization that is tax exempt under section 501(c)(3) of the Internal Revenue Code; and
(ii) Donations and grants received from foundations and other persons that may not be used to make a communication in support of or in opposition to a clearly identified candidate.

(d) Notwithstanding paragraphs (a) to (c) of this subsection, a digital communication may state only the name of the person that made the communication if the digital communication includes an active link to a website that prominently displays the additional information required by this subsection.

(3) A person that makes communications in support of or in opposition to a clearly identified candidate must consider an anonymous donation of $1,000 or more from a single person to be a donation that may not be used to make a communication in support of or in opposition to a clearly identified candidate.
(4)(a) If a person is required to disclose the names of five persons under subsection (2)(a)(B) or (c)(A)(ii) of this section and more than five persons qualify as having made the largest aggregate contributions or donations, the person shall disclose the five applicable persons whose contributions or donations were made closest to the date of initial printing or transmission of the communication.

(b) Except as provided in paragraph (c) of this subsection, the five persons required to be named under subsection (2)(a)(B) or (c)(A)(ii) of this section must be accurate as of 10 days before the most recent payment to print or transmit the communication.
(c) A person that both makes multiple digital communications in support of or in opposition to a clearly identified candidate and uses the method described in subsection (2)(d) of this section to meet the identification requirements of subsection (2)(a)(B) or (c)(A)(ii) of this section, may use one active link to the same website for all digital communications made by the person, provided that the information on the website is accurate as of 10 days before the most recent payment to print or transmit a communication.

(5) This section does not apply to:

(a) Candidates for federal office.
(b) Candidates other than those described in paragraph (a) of this subsection who are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(c) Petition committees that are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(d) Political committees that are not required to use the electronic filing system adopted under ORS 260.057 to file statements of contributions received or expenditures made.
(e) A person that makes independent expenditures and that is exempt under ORS 260.044 from being required to file statements of independent expenditures using the electronic filing system adopted under ORS 260.057.
(f) A communication that is excluded from the definition of “expenditure” under ORS 260.007.
(g) Items of de minimis value relating to a candidate, including but not limited to:

(A) Lawn signs, pins, pens and other similar items;
(B) Skywriting; or
(C) Wearable merchandise.

(h) Any other item that the Secretary of State by rule determines is too small to feasibly include the identifying information required by this section.

(6) The Secretary of State by rule shall prescribe the form of statements required on communications described in this section. Rules adopted under this subsection must ensure that the information required to be included in communications under this section is:

(a) In a font, size and color that are easy for an average person to read, if the communication appears in a print or digital format; and
(b) Clearly audible to the average person, if the communication appears in an audio format.

(7) As used in this section:

(a) “Clearly identified” has the meaning given that term in ORS 260.005 (10)(b).
(b)(A) Except as provided in subparagraph (B) of this paragraph, “communication in support of or in opposition to a clearly identified candidate” means:

(i)(I) The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for the election or defeat of a clearly identified candidate for nomination or election to public office; and

(II) The electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or

(ii)(I) The communication involves aggregate expenditures by a person of more than the amount provided in ORS 260.044 (1);

(II) The communication refers to a clearly identified candidate who will appear on the ballot; and
(III) The communication is printed or transmitted to the relevant electorate within the time frame provided in ORS 260.005 (10)(c)(B)(iii).

(B)(i) “Communication in support of or in opposition to a clearly identified candidate” includes but is not limited to communications distributed via print, telephone, radio, television or the Internet.

(ii) “Communication in support of or in opposition to a clearly identified candidate” does not include newspaper editorials, printed advertisements with a fair market value of less than $500 or communications made via telephone that have a fair market value of less than $500.

(c)(A) “Donation” means the gift or transfer of moneys or any other item of value to a person subject to subsection (2)(c)(A) of this section, including any membership fees, dues or assessments.

(B) “Donation” does not include moneys or any other item of value received by a person subject to subsection (2)(c)(A) of this section in the ordinary course of a trade or business conducted by the person.

(d) “Election cycle” means the period of time starting on the day after the date of a general election and ending on the date of the next general election.
(e) “Local provision” means a charter provision, ordinance, resolution or other provision adopted by a city, county or other local government.
[2019 c.636, §2]

260.270 [Amended by 1957 c.644 §1; 1971 c.749 §44; renumbered 260.462]

260.275 Definitions for ORS 260.275 to 260.285.
As used in ORS 260.275 to 260.285:
(1) “Anonymous donation” means a donation for which the covered organization does not possess the donor name or address that is required under ORS 260.281.
(2) “Communication in support of or in opposition to a clearly identified candidate or measure” has the meaning given that phrase in ORS 260.005 (10)(c).
(3) “Covered organization” means a combination of two or more individuals, or a person other than an individual, political committee, petition committee or a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code, that both accepts donations and makes political communications.
(4)(a) “Donation” means the gift or transfer of moneys or any other item of value to a covered organization, including any membership fees, dues or assessments.

(b) “Donation” does not include moneys or any other item of value received by a covered organization in the ordinary course of a trade or business conducted by the covered organization.

(5) “Donor” means a person that makes a donation to a covered organization.
(6) “Election cycle” means the period of time starting on the day after the date of a general election and ending on the date of the next general election.
(7) “Electioneering threshold for a legislative race” means political communications made by a covered organization of less than $25,000 for a particular seat of the Legislative Assembly.
(8)(a) Except as provided in paragraphs (b) and (c) of this subsection, “electioneering threshold for a measure” means political communications made by a covered organization of less than $100,000 for a particular measure.

(b) For a city measure in a city with a population of less than 60,000, “electioneering threshold for a measure” means political communications made by a covered organization of less than $25,000 for a particular city measure.
(c) For a county measure in a county with a population of less than 60,000, “electioneering threshold for a measure” means political communications made by a covered organization of less than $25,000 for a particular county measure.

(9) “Electioneering threshold for a political committee” means political communications made by a covered organization of less than $100,000 for a particular political committee.
(10) “Electioneering threshold for a statewide race” means political communications made by a covered organization of less than $100,000 for a particular state office as defined in ORS 249.215.
(11)(a) “Political communication” means a communication in support of or in opposition to a clearly identified candidate or measure.

(b) “Political communication” does not include:

(A) A communication by a covered organization to its current members, stockholders or executive or administrative personnel;
(B) A communication that constitutes lobbying as defined in ORS 171.725; or
(C) A communication excluded from the definition of “expenditure” under ORS 260.007.
[2019 c.637, §2]

260.280 [Amended by 1957 c.605 §1; 1967 c.630 §1; 1971 c.749 §45; renumbered 260.472]

260.281 Donor identification lists; contents; updates; rules.
(1)(a) Except as provided in subsection (5) of this section, a covered organization that during an election cycle exceeds the electioneering threshold for a legislative race, the electioneering threshold for a measure, the electioneering threshold for a political committee or the electioneering threshold for a statewide race shall file with the Secretary of State an initial donor identification list containing the name, address and aggregate amount donated of each donor that donated an aggregate amount of $10,000 or more to the covered organization during that election cycle.

(b) A covered organization that is required to file an initial donor identification list under this subsection shall file the list no later than seven calendar days after the covered organization makes a political communication that requires the covered organization to make a filing under paragraph (a) of this subsection.

(2)(a) A covered organization that filed an initial donor identification list under subsection (1) of this section shall, during that election cycle, update the list by filing with the Secretary of State:

(A) The name, address and aggregate amount donated of each subsequent donor that makes a donation or aggregate donations of $10,000 or more to the covered organization during that election cycle; and
(B) An updated amount of the aggregate donations the covered organization has received during the election cycle from each donor that was previously listed on an initial donor identification list or updated donor identification list filed under this section.

(b) An updated donor identification list filed under this subsection must be filed according to the time frame for filing a statement of independent communications under ORS 260.044, except that the time frame for filing starts on the day that:

(A) The dollar amount received by the covered organization from a single donor not previously on the list, whether by single donation or aggregate donations, equals $10,000 or more; or
(B) The covered organization receives an additional donation from a donor that was previously listed on an initial donor identification list or updated donor identification list filed under this section.

(3) Each initial donor identification list and updated donor identification list filed under this section must be signed and certified as true by an authorized representative of the covered organization. Signatures must be supplied in the manner specified by the Secretary of State by rule.
(4) The Secretary of State shall, upon request, deliver to any person the initial donor identification lists and updated donor identification lists filed under this section. If the Secretary of State receives a request under this subsection, the Secretary of State shall deliver the lists not later than five days after receiving the request.
(5) In identifying donors who have made aggregate donations of $10,000 or more in the manner described in subsections (1) and (2) of this section, a covered organization may exclude:

(a) Donations received from an affiliated charitable organization that is tax exempt under section 501(c)(3) of the Internal Revenue Code; and
(b) Donations and grants received from foundations and other donors that may not be used for political communications.

(6) A covered organization must consider an anonymous donation of $1,000 or more from a single donor to be a donation that may not be used for political communications.
(7) The Secretary of State may enact rules necessary to implement this section.
[2019 c.637, §3]

260.285 Civil penalty for failure to file donor identification list or to include required information; notice; rules.
(1) The Secretary of State may impose a civil penalty as provided in this section, in addition to any other penalty that may be imposed, for failing to:

(a) Timely file an initial donor identification list required to be filed under ORS 260.281:
(b) Timely file an updated donor identification list required to be filed under ORS 260.281; or
(c) Include all donors or amounts donated that are required to be included in an initial donor identification list or an updated donor identification list that is required to be filed under ORS 260.281.

(2)(a) For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 for exceeding the electioneering threshold for a legislative race, the Secretary of State may impose a civil penalty not to exceed the lesser of:

(A) 10 percent per day of the total cost for political communications made by the covered organization for the applicable legislative race; or
(B) 150 percent of the total cost for political communications made by the covered organization for the applicable legislative race.

(b) For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 for exceeding the electioneering threshold for a measure, the Secretary of State may impose a civil penalty not to exceed the lesser of:

(A) 10 percent per day of the total cost for political communications made by the covered organization for the applicable measure; or
(B) 150 percent of the total cost for political communications made by the covered organization for the applicable measure.

(c) For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 for exceeding the electioneering threshold for a political committee, the Secretary of State may impose a civil penalty not to exceed the lesser of:

(A) 10 percent per day of the total cost for political communications made by the covered organization for the applicable political committee; or
(B) 150 percent of the total cost for political communications made by the covered organization for the applicable political committee.

(d) For each failure to timely file an initial donor identification list that is required to be filed under ORS 260.281 for exceeding the electioneering threshold for a statewide race, the Secretary of State may impose a civil penalty not to exceed the lesser of:

(A) 10 percent per day of the total cost for political communications made by the covered organization for the applicable statewide race; or
(B) 150 percent of the total cost for political communications made by the covered organization for the applicable statewide race.

(3) For each failure to accurately include the name of a donor or the amount a donor donated to the covered organization in an initial donor identification list or an updated donor identification list that is required to be filed under ORS 260.281, or for each failure to timely file an updated donor identification list that is required to be filed under ORS 260.281, the Secretary of State may impose a civil penalty not to exceed 10 percent of the aggregate donations that were not properly identified.
(4) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.745. In addition to the requirements for a notice of right to a hearing of ORS 183.745, the notice shall include:

(a) A statement of the authority and jurisdiction under which the hearing is to be held; and
(b) If the person is an agency, corporation or an unincorporated association, a statement that such person must be represented by an attorney licensed in Oregon.

(5) A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held by the Secretary of State:

(a) Upon request of the person against whom the penalty may be assessed, if the request is made not later than the 20th day after the date the person received notice sent under subsection (4) of this section; or
(b) Upon the Secretary of State’s own motion.

(6) The person against whom a penalty may be assessed need not appear in person at a hearing held under this section, but instead may submit written testimony or other evidence, sworn to before a notary public, to the Secretary of State for entry in the hearing record. The testimony or other evidence must be received by the Secretary of State not later than three business days before the day of the hearing.
(7) All hearings under this section shall be held not later than 45 days after the deadline for the person against whom the penalty may be assessed to request a hearing. However, if requested by the person against whom the penalty may be assessed, a hearing under subsection (5) of this section shall be held not later than 60 days after the deadline for the person against whom the penalty may be assessed to request a hearing.
(8) The Secretary of State shall issue an order not later than 90 days after a hearing or after the deadline for requesting a hearing if no hearing is held.
(9) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.
(10) The Secretary of State may adopt rules necessary to implement this section. [2019 c.637, §4]

260.290 [Repealed by 1957 c.644 §28]

260.300 [Amended by 1957 c.644 §2; repealed by 1971 c.749 §82]

260.305 [Formerly 260.010; repealed by 1973 c.744 §48]

260.310 [Amended by 1971 c.749 §47; renumbered 260.482]

ELECTION OFFENSES

(Administration and Enforcement)

260.315 Distribution of copies of chapter to filing officers and persons required to file.
(1) The Secretary of State, at the expense of the state, shall furnish to the other filing officers copies of this chapter.
(2) A filing officer shall deliver a copy of this chapter to each candidate or person whom the officer has reason to believe is required to file a statement with the officer under ORS 260.057, 260.076, 260.083, 260.112 or 260.118. [Formerly 260.030; 1979 c.190 §364; 1993 c.493 §80; 2001 c.82 §10; 2003 c.542 §22; 2005 c.809 §45; 2013 c.758 §13]

260.320 [Amended by 1971 c.749 §48; renumbered 260.492]

260.325 [Formerly 260.540; 1979 c.190 §4; renumbered 246.046]

260.330 [Amended by 1957 c.644 §3; repealed by 1971 c.749 §82]

260.335 [1967 c.618 §§2,3; 1971 c.749 §50; renumbered 260.502]

260.340 [Amended by 1957 c.644 §5; 1971 c.749 §51; renumbered 260.512]

260.345 Violations; filing of complaints; procedure for processing; penalties.
(1) Any elector may file with any filing officer a written complaint alleging that a violation of an election law or rule adopted by the Secretary of State under ORS chapters 246 to 260 has occurred and stating the reason for believing that the violation occurred and any evidence relating to it. A complaint and any evidence relating to it may be filed electronically. A complaint alleging a violation involving the Secretary of State, a candidate for the office of Secretary of State, or any political committee or person supporting the Secretary of State or a candidate for the office of Secretary of State may be filed with the Attorney General. The Secretary of State or Attorney General shall not accept an anonymous complaint.
(2) The Secretary of State by rule shall prescribe the procedure for processing a complaint filed with any person other than the Secretary of State. If the complaint concerns the Secretary of State, any candidate for the office of the Secretary of State, or any political committee or person supporting the candidacy of the Secretary of State or of another person for the office of Secretary of State, the complaint and any additional information relating to the complaint shall be sent to the Attorney General.
(3) Upon receipt of a complaint under subsection (1) or (2) of this section the Secretary of State or Attorney General immediately shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Secretary of State or Attorney General considers necessary. Except as provided in this subsection, within 48 hours of receiving a complaint under subsection (1) or (2) of this section, the Secretary of State or Attorney General shall notify the person who is the subject of the complaint that a complaint has been received. If the Secretary of State or Attorney General receives a complaint or complaints involving 25 or more individuals, political committees or petition committees in any 24-hour period, the Secretary of State or Attorney General need not notify the persons who are the subjects of those complaints within 48 hours of receiving the complaints but shall notify those persons not later than 10 business days after receiving the complaint or complaints.
(4) If the Secretary of State believes after an investigation under subsection (3) of this section that a violation of an election law or rule has occurred, the secretary:

(a) In the case of a violation that is subject to a penalty under ORS 260.993, immediately shall report the findings to the Attorney General and request prosecution. If the violation involves the Attorney General, a candidate for that office or a political committee or person supporting or opposing the Attorney General or a candidate for that office, the Secretary of State shall appoint another prosecutor for that purpose; or
(b) In the case of a violation not subject to a penalty under ORS 260.993, may impose a civil penalty under ORS 260.995.

(5) Upon receipt of a complaint or report under subsection (1), (2) or (4) of this section involving an alleged violation subject to a penalty under ORS 260.993, the Attorney General or other prosecutor immediately shall examine the complaint or report to determine whether a violation of an election law has occurred. If the Attorney General or prosecutor determines that a violation has occurred, the Attorney General or prosecutor immediately shall begin prosecution in the name of the state. The Attorney General or other prosecutor shall have the same powers in any county of this state as the district attorney for the county.
(6) Upon receipt of a complaint under subsection (1) or (2) of this section involving an alleged violation of an election law or rule not subject to a penalty under ORS 260.993, the Attorney General shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Attorney General considers necessary. If the Attorney General believes after an investigation that a violation of an election law or rule has occurred, the Attorney General may impose a civil penalty under ORS 260.995.
(7) In the case of an alleged violation subject to a civil penalty under ORS 260.995, a complaint shall be filed by an elector under this section no later than 90 days following the election at which a violation of an election law or rule is alleged to have occurred, or 90 days following the date the violation of an election law or rule is alleged to have occurred, whichever is later.
(8) A filing officer having reason to believe that a violation of an election law or rule has occurred shall proceed promptly as though the officer had received a complaint. Except as provided in ORS 260.234, a filing officer shall proceed under this subsection no later than two years following the election at which a violation of an election law or rule is alleged to have occurred, or two years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. If a filing officer has not proceeded within two years because of fraud, deceit, misleading representation or the filing officer could not have reasonably discovered the alleged violation, the filing officer shall proceed no later than five years following the election at which a violation of an election law or rule is alleged to have occurred, or five years following the date the violation of an election law or rule is alleged to have occurred, whichever is later. [Formerly 260.105; 1973 c.744 §24; 1979 c.190 §365; 1987 c.718 §2; 1987 c.727 §9; 1989 c.171 §35; 1989 c.301 §1; 1989 c.571 §2; 1991 c.719 §32; 1993 c.493 §81; 2009 c.818 §23; 2011 c.607 §14]

260.350 [Repealed by 1971 c.749 §82]

260.351 Violations; court proceedings; costs.
A proceeding for violation of an election law shall be advanced on the docket of the court upon request of any party. However, the court may postpone or continue the trial if justice demands. As a condition of a continuance or postponement the court may impose costs. No petition shall be dismissed without the consent of the prosecutor, unless it is dismissed by the court. [Formerly 260.375; 1985 c.471 §15]

260.355 Deliberate and material election violation; penalties; deprivation of nomination or office.
If, after a plea of guilty by or verdict of guilty against a person nominated or elected to a public office in a criminal prosecution of the person for violation of an election law in regard to either the person’s nomination or election, the court determines that the violation was deliberate and material, the court, in addition to any other punishment it may impose, shall deprive the person of the nomination or, if the person was elected to an office other than state Senator or state Representative, of the office. In making the determination the court, in its discretion, may hear evidence, by testimony in open court or, if authorized by the court, by deposition, at a specified time and upon notice to the parties as the court may direct. [1971 c.749 §30; 1979 c.190 §367]

260.360 [Amended by 1955 c.446 §1; 1971 c.749 §52; renumbered 260.522]

260.365 Deprivation of nomination or office for violation; later election or appointment to office or position of trust.
(1) A person nominated or elected to public office, and whose nomination or election has been annulled for violation of an election law, shall not serve, during the term of the office, in any office or vacancy in any office or position of trust, honor or emolument, whether elected or appointed, in this state.
(2) An appointment or election to an office or position of trust, honor or emolument made in violation of subsection (1) of this section shall be void. [Formerly 260.470; 1979 c.190 §368]

260.368 Cooperation in investigating violations.
For the purpose of investigating violations of section 1b, Article IV of the Oregon Constitution, the Secretary of State, Attorney General and Commissioner of the Bureau of Labor and Industries may cooperate and share information as considered necessary by the secretary, Attorney General or commissioner. [2007 c.848 §6]

260.370 [Repealed by 1971 c.749 §82]

260.375 [Formerly 260.520; 1979 c.190 §366; renumbered 260.351]

260.380 [Amended by 1967 c.83 §1; 1971 c.749 §54; renumbered 260.532]

260.390 [Amended by 1957 c.644 §6; repealed by 1971 c.749 §82]

260.400 [1965 c.489 §1; repealed by 1971 c.749 §82]

(Particular Offenses)

260.402 Reimbursing, contributions, or donations in false name; knowing receipt.
(1) A person may not directly or indirectly reimburse a person for making a contribution or donation, or make a contribution or donation in any name other than that of the person that in truth provides the contribution or donation, to:

(a) Any other person, relating to a nomination or election of any candidate or the support of or opposition to any measure;
(b) Any political committee;
(c) Any covered organization required to file a donor identification list under ORS 260.281; or
(d) A petition committee required to file a statement under ORS 260.118.

(2) Except as provided in subsection (3) of this section, a person, political committee, covered organization or petition committee may not knowingly receive a contribution or donation prohibited under subsection (1) of this section or enter or cause the contribution or donation to be entered in accounts or records in another name than that of the person that actually provided the contribution or donation.
(3) If a person receives a contribution from a political committee, the person may enter the contribution into accounts or records as received from the political committee.
(4) As used in this section, “covered organization” and “donation” have the meanings given those terms in ORS 260.275. [Formerly 260.210; 1973 c.744 §25; 1979 c.190 §369; 1991 c.911 §1; 2005 c.797 §19; 2005 c.809 §15; 2007 c.848 §30; 2009 c.818 §16; 2019 c.637, §5]

260.405 [1967 c.593 §2; 1971 c.749 §55; renumbered 260.542]

260.407 Use of excess contributions.
(1)(a) Except as provided in paragraph (b) of this subsection, amounts received as contributions by a candidate, the principal campaign committee of a candidate or the principal campaign committee of a holder of public office may be:

(A) Used to defray any expenses incurred in connection with the recipient’s duties as a holder of public office;
(B) Transferred to any national, state or local political committee of any political party;
(C) Contributed to any organization described in section 170(c) of the Internal Revenue Code or to any charitable corporation as defined in ORS 128.620; or
(D) Used for any other lawful purpose.

(b) Amounts received as contributions by a candidate, the principal campaign committee of a candidate for public office or the principal campaign committee of a holder of public office may not be:

(A) Converted by any person to any personal use other than to defray any expenses incurred in connection with the person’s duties as a holder of public office or to repay to a candidate any loan the proceeds of which were used in connection with the candidate’s campaign;
(B) Except as provided in this subparagraph, used to pay any money award as defined in ORS 18.005 included as part of a judgment in a civil or criminal action or any civil penalty imposed by an agency as defined in ORS 183.310 or by a local government as defined in ORS 174.116. Contributions described in this paragraph may be used to pay a civil penalty imposed under this chapter, other than a civil penalty imposed for a violation of this section or ORS 260.409;
(C) Except as provided in this subparagraph, used to pay any legal expenses incurred by the candidate or public official in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of the duties of the person as a candidate or public official. Contributions described in this paragraph may be used to pay legal expenses incurred by the candidate or public official in connection with a legal proceeding brought under ORS chapters 246 to 260, other than a proceeding brought under this section or ORS 260.409; or
(D) Used to make payments in connection with a nondisclosure agreement relating to workplace harassment. A nondisclosure agreement made in violation of this subparagraph is void and may not be enforced by a court of this state.

(2)(a) Except as provided in paragraph (b) of this subsection, amounts received as contributions by a political committee that is not a principal campaign committee may be:

(A) Used to repay to the political committee any loan the proceeds of which were used in connection with the campaign;
(B) Transferred to any national, state or local political committee of any political party;
(C) Contributed to any organization described in section 170(c) of the Internal Revenue Code or to any charitable corporation as defined in ORS 128.620; or
(D) Used for any other lawful purpose.

(b) Amounts received as contributions by the political committee may not be:

(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, used to pay any money award as defined in ORS 18.005 included as part of a judgment in a civil or criminal action or any civil penalty imposed by an agency as defined in ORS 183.310 or by a local government as defined in ORS 174.116. Contributions described in this subsection may be used to pay a civil penalty imposed under this chapter, other than a civil penalty imposed for a violation of this section or ORS 260.409;
(C) Except as provided in this subparagraph, used to pay any legal expenses incurred by a treasurer or director of a political committee in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of the duties of the person as a treasurer or director. Contributions described in this subsection may be used to pay legal expenses incurred by a treasurer or director in connection with a legal proceeding brought under ORS chapters 246 to 260, other than a proceeding brought under this section or ORS 260.409; or
(D) Used to make payments in connection with a nondisclosure agreement relating to workplace harassment. A nondisclosure agreement made in violation of this subparagraph is void and may not be enforced by a court of this state.

(3)(a) Except as provided in paragraph (b) of this subsection, amounts received as contributions by a chief petitioner or treasurer of a petition committee may be:

(A) Used to repay to the chief petitioner any loan the proceeds of which were used in connection with the initiative, referendum or recall petition;
(B) Transferred to any national, state or local political committee of any political party;
(C) Contributed to any organization described in section 170(c) of the Internal Revenue Code or to any charitable corporation as defined in ORS 128.620; or
(D) Used for any other lawful purpose.

(b) Amounts received as contributions by a chief petitioner or treasurer of a petition committee may not be:

(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, used to pay any money award as defined in ORS 18.005 included as part of a judgment in a civil or criminal action or any civil penalty imposed by an agency as defined in ORS 183.310 or by a local government as defined in ORS 174.116. Contributions described in this subsection may be used to pay a civil penalty imposed under this chapter, other than a civil penalty imposed for a violation of this section or ORS 260.409;
(C) Except as provided in this subparagraph, used to pay any legal expenses incurred by a chief petitioner or the treasurer of a petition committee in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of the duties of the person as a chief petitioner or treasurer. Contributions described in this subsection may be used to pay legal expenses incurred by a chief petitioner or treasurer in connection with a legal proceeding brought under ORS chapters 246 to 260, other than a proceeding brought under this section or ORS 260.409; or
(D) Used to make payments in connection with a nondisclosure agreement relating to workplace harassment. A nondisclosure agreement made in violation of this subparagraph is void and may not be enforced by a court of this state.

(4) As used in this section:

(a) “Contribution” and “expenditure” include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition.
(b) “Funds donated” means all funds, including but not limited to gifts, loans, advances, credits or deposits of money that are donated for the purpose of supporting the activities of a holder of public office. “Funds donated” does not mean funds appropriated by the Legislative Assembly or another similar public appropriating body or personal funds of the office holder donated to an account containing only those personal funds.
(c) “Public office” does not include national or political party office.
(d) “Workplace harassment” means conduct that constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault as defined in ORS 181A.323. [1995 c.1 §18; 1999 c.999 §20; 2007 c.877 §14; 2009 c.818 §17; 2010 c.9 §9; 2013 c.758 §14; 2017 c.749 §40; 2019 c.462, §1]

260.409 Campaign contributions not to be used for professional services.
A candidate or principal campaign committee of a candidate may not use amounts received as contributions by the candidate or committee to make an expenditure to or on behalf of the candidate in consideration for the rendering of professional services by the candidate. [2005 c.809 §12]

260.410 [Repealed by 1971 c.749 §82]

260.412 [1971 c.749 §38; 1973 c.744 §26; 1979 c.190 §387; renumbered 260.665]

260.413 Consideration in connection with workplace harassment nondisclosure agreements.
(1) In addition to the requirements set forth in ORS 260.407, a political committee or petition committee may not provide any form of consideration in connection with a nondisclosure agreement relating to workplace harassment.
(2) As used in this section:

(a) “Consideration in connection with a nondisclosure agreement” includes any form of consideration provided in exchange for the silence of an individual on issues relating to workplace harassment, including but not limited to:

(A) Money;
(B) Stock, personal property or other items with a resale value;
(C) Severance pay or benefits for an individual who resigned or was fired from a place of employment without cause;
(D) The promise of a positive reference or assistance in obtaining future employment in a position in which the individual’s salary is paid for with public moneys;
(E) The promise of a bonus payment of moneys in addition to the individual’s salary;
(F) Alternative work arrangements that have the effect of reducing the amount of work required to be performed by the individual, or of removing the individual from the workplace; or
(G) Any agreement that terminates the employment of the individual and includes a waiver of past or future claims against the holder of public office, the public body or any public employee.

(b) “Workplace harassment” means conduct that constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault as defined in ORS 181A.323.
[2019 c.462, §5]

260.415 [Formerly 260.472; repealed by 1983 c.71 §12]

260.420 [Amended by 1971 c.749 §43; renumbered 260.452]

260.422 Acceptance of employment upon promise of contribution of compensation.
No person shall accept employment with the understanding or agreement, express or implied, that the person will contribute any of the compensation to be received because of the employment to or on behalf of a candidate or political committee in support of the nomination or election of the candidate or in support of or in opposition to a measure. [1971 c.749 §39; 1973 c.744 §27; 1979 c.190 §371]

260.430 [Amended by 1971 c.644 §7; repealed by 1971 c.749 §82]

260.432 Solicitation of public employees; activities of public employees during working hours; posting of notice.
(1) No person shall attempt to, or actually, coerce, command or require a public employee to influence or give money, service or other thing of value to promote or oppose any political committee or to promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.
(2) No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.
(3) Each public employer shall have posted in a conspicuous place likely to be seen by its employees the following notice in printed or typewritten form:
________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:

The restrictions imposed by the law of the State of Oregon on your political activities are that “No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.”

It is therefore the policy of the state and of your public employer that you may engage in political activity except to the extent prohibited by state law when on the job during working hours.
________________________________________________
(4)(a) Notwithstanding subsections (1) and (2) of this section:

(A) The recognized student government of a community college or public university listed in ORS 352.002, or a member of the recognized student government while acting as a member, may make a statement or issue a resolution to promote or oppose:

(i) The gathering of signatures on an initiative or referendum petition; or
(ii) The adoption of a measure.

(B) A member of the board of education of a community college district, a member of the governing board, as defined in ORS 352.029, of a public university or an employee of a community college or public university may take any action as a public employee that is necessary to allow the recognized student government, or member of the recognized student government, to engage in activities described in subparagraph (A) of this paragraph.

(b) Except for facilitating the actions described in paragraph (a) of this subsection, the recognized student government of a community college or public university, or a member of the recognized student government while acting as a member, may not use mandatory student-initiated fees, mandatory enrollment fees, mandatory incidental fees or any public moneys to promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder.

(5) Nothing in this section prohibits an employee of the legislative branch from explaining the vote of a member of the Legislative Assembly on:

(a) An Act that has been referred to the people by law or petition under Article IV, section 1 (3), of the Oregon Constitution;
(b) An Act for which a prospective referendum petition has been filed under ORS 250.045; or
(c) A constitutional amendment or revision proposed under Article XVII, section 1 or 2, of the Oregon Constitution.

(6) As used in this section:

(a) “Public employee” does not include an elected official or a person appointed as a director to the board of a pilot education service district under ORS 334.108.
(b) “Public employer” includes any board, commission, committee, department, division or institution in the executive, administrative, legislative or judicial branch of state government, and any county, city, district or other municipal corporation or public corporation organized for a public purpose, including a cooperative body formed between municipal or public corporations. [Formerly 260.231; 1973 c.53 §1; 1973 c.744 §27a; 1979 c.190 §372; 1979 c.519 §35a; 1983 c.71 §9; 1983 c.392 §1; 1985 c.565 §39; 1985 c.808 §62; 1987 c.718 §3; 1993 c.493 §106; 2007 c.589 §§7,8; 2010 c.9 §§15,16; 2013 c.13 §2; 2019 c.377, §1]

260.440 [Amended by 1971 c.644 §8; repealed by 1971 c.749 §82]

260.442 [Formerly 260.250; 1973 c.744 §28; 1979 c.190 §383; renumbered 260.625]

260.450 [Repealed by 1957 c.644 §28]

260.452 [Formerly 260.420; 1973 c.744 §29; repealed by 1979 c.190 §431]

260.460 [Repealed by 1957 c.644 §28]

260.462 [Formerly 260.270; 1973 c.744 §30; 1979 c.190 §386; renumbered 260.655]

260.470 [Amended by 1957 c.644 §9; 1971 c.749 §34; renumbered 260.365]

260.472 [Formerly 260.280; 1973 c.744 §31; 1979 c.190 §370; renumbered 260.415]

260.480 [Amended by 1957 c.644 §11; repealed by 1971 c.749 §82]

260.482 [Formerly 260.310; 1973 c.744 §32; 1977 c.678 §3; 1979 c.190 §384; renumbered 260.635]

260.490 [Amended by 1959 c.644 §12; repealed by 1971 c.749 §82]

260.492 [Formerly 260.320; 1973 c.744 §33; repealed by 1979 c.190 §431]

260.500 [Amended by 1957 c.644 §13; 1971 c.749 §56; renumbered 260.552]

260.502 [Formerly 260.335; repealed by 1973 c.744 §48]

260.510 [Amended by 1957 c.644 §14; repealed by 1971 c.749 §82]

260.512 [Formerly 260.340; 1973 c.744 §34; 1979 c.190 §380; renumbered 260.605]

260.520 [Amended by 1957 c.644 §15; 1971 c.749 §35; renumbered 260.375]

260.522 [Formerly 260.360; 1973 c.483 §1; 1973 c.744 §35; 1975 c.683 §13; 1979 c.190 §373; 1981 c.234 §17; 1983 c.71 §11; 1985 c.808 §63; 1989 c.503 §28; 1989 c.1054 §13; 1993 c.359 §1; 1993 c.618 §2; repealed by 2001 c.965 §66]

260.530 [Repealed by 1957 c.644 §28]

260.532 Publication of false statement of material fact relating to candidate or measure; remedies.
(1) No person shall cause to be written, printed, published, posted, communicated or circulated, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact relating to any candidate, political committee or measure.
(2) As used in subsection (1) of this section, “cause” does not include the broadcast of an advertisement by a radio or television station or cable television company unless the advertisement is for:

(a) The candidacy of the owner, licensee or operator of the station or company; or
(b) A ballot measure of which a chief petitioner is the owner, licensee or operator of the station or company.

(3) A candidate who knows of and consents to a publication or advertisement prohibited by this section with knowledge or with reckless disregard that it contains a false statement of material fact, violates this section regardless of whether the candidate has participated directly in the publication or advertisement.
(4) There is a rebuttable presumption that a candidate knows of and consents to any publication or advertisement prohibited by this section caused by a political committee over which the candidate exercises any direction and control.
(5) Any candidate or political committee aggrieved by a violation of this section shall have a right of action against the person alleged to have committed the violation. The aggrieved party may file the action in the circuit court for any county in this state in which a defendant resides or can be found or, if the defendant is a nonresident of this state, in the circuit court for any county in which the publication occurred. To prevail in such an action, the plaintiff must show by clear and convincing evidence that the defendant violated subsection (1) of this section.
(6) A plaintiff who prevails in an action provided by subsection (5) of this section may recover economic and noneconomic damages, as defined in ORS 31.710, or $2,500, whichever is greater. The court may award such additional equitable relief as it considers necessary or proper. The equitable relief may include, but is not limited to, a requirement that a retraction of the false statement be disseminated in the manner directed by the court. Proof of entitlement to economic and noneconomic damages must be by a preponderance of evidence. The court shall award the prevailing party reasonable attorney fees at trial and on appeal.
(7) A political committee has standing to bring an action provided by subsection (5) of this section as plaintiff in its own name, if its purpose as evidenced by its preelection activities, solicitations and publications has been injured by the violation and if it has fully complied with the provisions of this chapter. In an action brought by a political committee as provided by subsection (5) of this section, the plaintiff may recover economic and noneconomic damages for all injury to the purpose of the committee as provided in subsection (6) of this section.
(8) If a judgment is rendered in an action under this section against a defendant who has been nominated to public office or elected to a public office other than state Senator or state Representative, and it is established by clear and convincing evidence that the false statement was deliberately made or caused to be made by the defendant, the finder of fact shall determine whether the false statement reversed the outcome of the election. If the finder of fact finds by clear and convincing evidence that the false statement reversed the outcome of the election, the defendant shall be deprived of the nomination or election and the nomination or office shall be declared vacant.
(9) An action under this section must be filed not later than the 30th day after the election relating to which a publication or advertisement in violation of this section was made. Proceedings on a complaint filed under this section shall have precedence over all other business on the docket. The courts shall proceed in a manner which will ensure that:

(a) Final judgment on a complaint which relates to a primary election or nominating election is rendered before the 30th day before the general election; and
(b) Final judgment on a complaint which relates to an election to an office is rendered before the term of that office begins.

(10) The remedy provided by this section is the exclusive remedy for a violation of this section. [Formerly 260.380; 1973 c.744 §36; 1975 c.683 §14; 1979 c.190 §374; 1979 c.667 §2; 1981 c.897 §45; 1983 c.756 §1; 1985 c.808 §63a; 1995 c.712 §79; 1997 c.829 §1; 1999 c.941 §1; 1999 c.999 §58]

260.540 [1957 c.644 §10; 1971 c.749 §27; renumbered 260.325]

260.542 [Formerly 260.405; 1973 c.744 §37; 1979 c.190 §375; repealed by 1993 c.383 §1]

260.545 [1987 c.826 §2; repealed by 1993 c.383 §1]

260.550 Use of term “incumbent.”
(1) No person shall describe a candidate as the incumbent in the office to which the candidate seeks nomination or election in any material, statement or publication supporting the election of the candidate, with knowledge or with reckless disregard that the description is a false statement of material fact.
(2) For purposes of this section, a candidate shall be considered an “incumbent” if the candidate:

(a) Was elected to the identical office in the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or
(b) Was appointed to the identical office after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.

(3) If district boundaries have changed since the previous election or the appointment, a candidate shall be considered an “incumbent” if the candidate:

(a) Was elected to an office of the same name as the office to which the candidate seeks nomination or election at the most recent election to fill that office and is serving and has served continuously in that office from the beginning of the term to which the candidate was elected; or
(b) Was appointed to an office of the same name as the office to which the candidate seeks nomination or election after the most recent election to fill that office and is serving and has served continuously in that office from the date of appointment.

(4) This section does not apply to any words or statements required by law to be included in any statement produced by a filing officer or listed on a ballot. [1993 c.383 §3]

260.552 [Formerly 260.500; 1973 c.744 §38; repealed by 1979 c.190 §431]

260.555 Petition violations related to circulation, filing or certification; intent required.
(1) No person attempting to obtain signatures on, or causing to be circulated, an initiative, referendum or recall petition, shall knowingly make any false statement regarding the contents, meaning or effect of the petition to any person who signs it, attempts to sign it, is requested to sign it or requests information concerning it.
(2) No person shall attempt to obtain signatures to, cause to be circulated or file with a filing officer, an initiative, referendum or recall petition, knowing it to contain a false signature.
(3) No person shall attempt to obtain the signature of a person to an initiative, referendum or recall petition knowing that the person signing the petition is not qualified to sign it.
(4) No person shall knowingly sign an initiative, referendum or recall petition more than once, knowingly sign such petition when not qualified to sign it, or sign such petition in any name other than the person’s own.
(5) No public official or employee shall knowingly make a false certification concerning an initiative, referendum or recall petition. [1979 c.190 §376; 2001 c.489 §1]

260.556 Disqualification of signatures.
The Secretary of State may not include in a count under ORS 250.045 (3) or 250.105 or ORS chapter 249 for purposes of determining whether an initiative, referendum or recall petition or a prospective petition for a state measure to be initiated contains the required number of signatures of electors, any signatures obtained by a person who the secretary determines, during the five-year period prior to the date the signatures were obtained:

(1) Has been convicted for a criminal offense involving fraud, forgery or identification theft in any state;
(2) Has had a civil penalty imposed under ORS 260.995 for a violation of ORS 250.048 or 260.262; or
(3) Has had a civil or criminal penalty imposed for violation of a statute subject to a criminal penalty under ORS 260.993. [2009 c.533 §13]

260.558 Petition violations; payment for signing or not signing petitions.
(1) It is unlawful to offer, pay or provide money or other valuable consideration to another person to sign or refrain from signing an initiative, referendum or recall petition, and for the other person to accept or agree to accept money or other valuable consideration for signing or refraining to sign an initiative, referendum or recall petition.
(2) It is unlawful to sell, offer to sell, purchase or offer to purchase, for money or other valuable consideration, any signature sheet of an initiative, referendum or recall petition or any other portion of the petition used to gather signatures.
(3) This section applies only to signatures, signature sheets or other portions of an initiative, referendum or recall petition to be submitted to the filing officer for the purpose of verifying whether the petition contains the required number of signatures of electors. [1995 c.646 §2]

260.560 [1983 c.514 §16; 1985 c.808 §64; repealed by 1999 c.262 §1]

260.561 Petition violations; liability of chief petitioners for violations committed by persons obtaining signatures; intent; exceptions.
(1)(a) If a chief petitioner of a statewide initiative or referendum petition has knowledge of a violation of any provision of Oregon Revised Statutes, of any rule adopted by the Secretary of State under ORS chapters 246 to 260 related to the circulation of a statewide initiative or referendum petition or section 1b, Article IV of the Oregon Constitution, committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition, the violation by the person obtaining signatures is conclusively considered a violation by the chief petitioner.

(b) If a chief petitioner of a statewide initiative or referendum petition has knowledge or should have had knowledge of a violation of ORS 250.048, 260.262, 260.555, 260.558, 260.567, 260.575, 260.665, 260.715 (1) or section 1b, Article IV of the Oregon Constitution, or any rule adopted by the Secretary of State related to section 1b, Article IV of the Oregon Constitution, petition sheets or circulator training, registration or certification, committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition or a contractor or subcontractor, as defined in ORS 260.563, the violation by the person obtaining signatures or the contractor or subcontractor is conclusively considered a violation by the chief petitioner.

(2) A chief petitioner is not liable under subsection (1) of this section if the chief petitioner notifies the Secretary of State in writing not later than one business day after the chief petitioner obtains knowledge of a potential violation. The notice shall state:

(a) That a potential violation has occurred;
(b) The nature of the potential violation; and
(c) All specific information known to the chief petitioner regarding the potential violation.

(3) If a statewide initiative or referendum petition has more than one chief petitioner, each chief petitioner who has knowledge or should have had knowledge may be held liable under subsection (1) of this section.
(4)(a) Subsection (1)(a) of this section does not apply to a violation of law that is subject to criminal penalty.

(b) A chief petitioner may not be held criminally liable under subsection (1)(b) of this section solely based on a violation committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition or by a contractor or subcontractor. [2001 c.489 §3; 2001 c.965 §63a; 2009 c.533 §5; 2009 c.720 §7]

260.563 Contractors; violations.
(1) As used in this section:

(a) “Contractor” means a person who contracts on predetermined terms with a chief petitioner, or a person acting on behalf of a chief petitioner, of an initiative or referendum petition or a prospective petition for a state measure to be initiated for the purpose of obtaining signatures on the petition or prospective petition.
(b) “Subcontractor” means a person who contracts on predetermined terms with a contractor for the purpose of obtaining signatures on an initiative or referendum petition or a prospective petition for a state measure to be initiated and who has no direct contractual relationship with a chief petitioner or other person acting on behalf of a chief petitioner.

(2) If a contractor has knowledge or should have had knowledge of a violation of ORS 250.048, 260.555, 260.558, 260.567, 260.575, 260.665 or 260.715 (1) or section 1b, Article IV of the Oregon Constitution, or any rule adopted by the Secretary of State related to section 1b, Article IV of the Oregon Constitution, petition sheets or circulator training, registration or certification, by a subcontractor, the violation by the subcontractor is conclusively considered a violation by the contractor.
(3) A contractor is not liable under subsection (2) of this section if the contractor notifies the Secretary of State in writing not later than one business day after the contractor obtains knowledge of a potential violation. The notice shall state:

(a) That a potential violation has occurred;
(b) The nature of the potential violation; and
(c) All specific information known to the contractor regarding the potential violation.

(4) A contractor may not be held criminally liable under this section solely based on a violation committed by a subcontractor. [2007 c.848 §7; 2009 c.533 §6; 2009 c.720 §8]

260.565 [Formerly 254.590; 1981 c.234 §18; repealed by 1983 c.756 §13]

260.567 Alteration of signature sheet.
(1) Except as provided in subsection (2) of this section, a person other than the person who signed the signature sheet of an initiative, referendum, recall or candidate nominating petition, a prospective petition for a state measure to be initiated or a certificate of nomination may not write, alter, correct, clarify or obscure on the signature sheet any information about the person who signed the signature sheet.
(2) A person other than the person who signed the signature sheet may:

(a) Alter, correct, clarify or obscure on the signature sheet any information about the person who signed the signature sheet if the line on which the signature appears is subsequently initialed by the person who signed the signature sheet; or
(b) Write, alter, correct, clarify or obscure on the signature sheet any information about the person who signed the signature sheet if the person who signed the signature sheet is a person with a disability and requests assistance in writing, altering, correcting, clarifying or obscuring on the signature sheet any information about the person.

(3) As used in this section:

(a) “Information about the person who signed the signature sheet” means any information regarding the person who signed the signature sheet of an initiative, referendum, recall or candidate nominating petition, a prospective petition for a state measure to be initiated or a certificate of nomination, in addition to the signature of the person, that is required or requested to be supplied on a signature sheet of an initiative, referendum, recall or candidate nominating petition, a prospective petition or a certificate of nomination.
(b) “The person who signed the signature sheet” means the person whose signature will be submitted for verification under ORS chapter 249 or ORS 250.045 (3), 250.105, 250.215, 250.315 or 255.175 for the purpose of determining whether the petition, prospective petition or certificate contains the required number of signatures of electors. [2007 c.848 §7b; 2009 c.533 §7]

260.569 Payment based on number of signatures obtained for nominating a candidate.
A person may not pay or receive money or another thing of value based on the number of:
(1) Signatures a person obtains for purposes of nominating a candidate for elective public office; or
(2) Signed voter registration cards a person collects. [2007 c.314 §2]

260.575 Petition violations; use of threats and intimidation for purpose of extortion, blackmail or intimidation.
No person, for any consideration, shall:
(1) Offer, propose, threaten or attempt to sell, hinder or delay any part of an initiative, referendum or recall petition.
(2) Offer, propose or threaten to desist from beginning, promoting, circulating, or soliciting signatures to, any initiative, referendum or recall petition.
(3) Offer, propose, attempt or threaten in any manner to use an initiative, referendum or recall petition or any power of promotion or opposition concerning such petition for extortion, blackmail or private intimidation of any person. [Formerly 254.580]

260.585 [Formerly 254.600; repealed by 1985 c.732 §7 and 1985 c.808 §82]

260.605 [Formerly 260.512; repealed by 2005 c.797 §73]

260.610 [Amended by 1957 c.644 §16; 1971 c.749 §57; 1973 c.744 §39; repealed by 1979 c.190 §431]

260.615 [1979 c.190 §381; 1987 c.447 §106; repealed by 2005 c.797 §73]

260.620 [Repealed by 1957 c.644 §28]

260.625 [Formerly 260.442; repealed by 2005 c.797 §73]

260.630 [Amended by 1957 c.644 §17; 1971 c.749 §58; 1973 c.744 §40; repealed by 1979 c.190 §431]

260.635 Betting on elections.
(1) No candidate shall make or become party to a bet of anything of pecuniary value on any event or contingency relating to a pending election. No candidate shall provide money or other thing of value to be used by any person in betting upon the results of a pending election.
(2) No person, to influence the result of any election, shall make a bet of anything of pecuniary value on the result of a pending election, or on any event relating to it. [Formerly 260.482]

260.640 [Amended by 1957 c.644 §18; 1959 c.358 §1; 1971 c.749 §59; 1973 c.744 §41; repealed by 1979 c.190 §431]

260.645 Voting machine or vote tally system violations.
(1) No person shall:

(a) Tamper with or injure or attempt to injure any voting machine or vote tally system to be used or being used in an election.
(b) Tamper with any voting machine or vote tally system that has been used in an election except in performance of election duties.
(c) Prevent or attempt to prevent the correct operation of any voting machine or vote tally system.

(2) An unauthorized person shall not make or possess a key to a voting machine or vote tally system to be used or being used in an election.
(3) Neither the Secretary of State nor any officer or employee of any county, city or district using a voting machine or vote tally system, shall solicit or accept any compensation, other than amounts paid by the governmental unit, in connection with the sale, lease or use of the voting machine or vote tally system.
(4) As used in this section, “voting machine” and “vote tally system” have the meaning given those terms in ORS 246.012. [1979 c.190 §385; 1981 c.909 §9]

260.650 [Amended by 1957 c.644 §19; 1971 c.749 §60; 1973 c.744 §42; repealed by 1979 c.190 §431]

260.655 [Formerly 260.462; repealed by 2005 c.797 §73]

260.660 [Amended by 1957 c.644 §20; 1971 c.749 §61; 1973 c.744 §43; repealed by 1979 c.190 §431]

260.665 Undue influence; solicitation of money or benefits; exceptions.
(1) As used in this section, “undue influence” means force, violence, restraint or the threat of it, inflicting injury, damage, harm, loss of employment or other loss or the threat of it, or giving or promising to give money, employment or other thing of value.
(2) A person, acting either alone or with or through any other person, may not directly or indirectly subject any person to undue influence with the intent to induce any person to:

(a) Register or vote;
(b) Refrain from registering or voting;
(c) Register or vote in any particular manner;
(d) Be or refrain from or cease being a candidate;
(e) Contribute or refrain from contributing to any candidate, political party or political committee;
(f) Render or refrain from rendering services to any candidate, political party or political committee;
(g) Challenge or refrain from challenging a person offering to vote;
(h) Apply or refrain from applying for a ballot as an absent elector; or
(i) Sign or refrain from signing a prospective petition or an initiative, referendum, recall or candidate nominating petition.

(3) A person may not solicit or accept money or other thing of value as an inducement to act as prohibited by subsection (2) of this section.
(4) This section does not prohibit:

(a) The employment of persons to render services to candidates, political parties or political committees;
(b) The public distribution by candidates, political parties or political committees of sample ballots or other items readily available to the public without charge, even though the distributor incurs costs in the distribution;
(c) Public or nonpromissory statements by or on behalf of a candidate of the candidate’s intentions or purposes if elected;
(d) A promise by a candidate to employ any person as administrative assistant, secretary or other direct personal aide;
(e) Free custody and care of minor children of persons during the time those persons are absent from those children for voting purposes;
(f) For persons voting, free transportation to and from places designated for the deposit of ballots under ORS 254.470 or to and from locations described in ORS 254.472 or 254.474; but no means of advertising, solicitation or inducement to influence the vote of persons transported may be used with that transportation;
(g) Individuals or political committees from providing refreshments incidental to a gathering in support of or in opposition to a candidate, political committee or measure;
(h) The public distribution of registration cards by a person approved by the Secretary of State under ORS 247.171 to print, copy or otherwise prepare and distribute registration cards, even though the distributor incurs costs in the distribution; or
(i) An elections official from providing return identification envelopes for ballots that may be returned by mail at no cost to the elector under ORS 254.473. [Formerly 260.412; 1983 c.83 §31; 1987 c.464 §1; 1987 c.727 §10; 1989 c.173 §2; 2001 c.960 §1; 2007 c.154 §53; 2009 c.533 §10; 2013 c.520 §20; 2019 c.634, §4]

260.670 [Amended by 1957 c.644 §21; 1971 c.749 §62; 1973 c.744 §44; repealed by 1979 c.190 §431]

260.675 Furnishing, printing or distributing ballots contrary to election law; intent.
(1) A person employed or authorized to print official ballots may not give, deliver or knowingly permit any of the ballots to be taken by any person other than the official under whose direction the ballots are printed.
(2) A person may not knowingly print, cause or permit to be printed any ballot in any other form, with any other names, with names spelled or names of the candidates arranged in any other way than that directed by the official under whose direction the ballots are printed.
(3) An official having the duty of distributing ballots, and any persons acting for that official, may not knowingly distribute or cause to be distributed any ballots in any other manner than as provided under the election laws. [Formerly 249.364; 2007 c.154 §54]

260.680 [Repealed by 1971 c.749 §82]

260.685 Elections officials; compliance with Secretary of State.
An elections official shall not knowingly fail to comply with an interpretation made by the Secretary of State of any election law or a directive, an instruction or a rule made by the Secretary of State under ORS 246.110, 246.120, 246.140 or 246.150. [1979 c.190 §389; 1995 c.607 §58]

260.690 [Repealed by 1971 c.749 §82]

260.695 Voting and polling place violations; voting by mail; sample ballots; electioneering; secrecy of ballots; collection and delivery of ballots; integrity of ballots and election notices.
(1)(a) If a person prints or circulates an imitation of the ballot or sample ballot:

(A) The imitation ballot or sample ballot and the back of any return envelope enclosed with the ballot or sample ballot shall state the following: “THIS IS NOT A REAL BALLOT. DO NOT USE TO VOTE.” The statement on the imitation ballot or sample ballot shall be in bold print that is at least two times as large as the majority of the text on the ballot or sample ballot or 20-point type, whichever is larger. The statement on the back of a return envelope shall be in bold print that is at least 36-point type.
(B) The word “UNOFFICIAL” must be superimposed on the imitation ballot or sample ballot so that the word extends diagonally across the ballot from one margin of the text to the other. The superimposed word may be printed in lighter ink than other text on the ballot or sample ballot.

(b) For purposes of this subsection, an imitation of the ballot or sample ballot includes an imitation of a portion of the ballot or sample ballot.

(2) A person may not do any electioneering, including circulating any cards or handbills, or soliciting of signatures to any petition, within any building in which any state or local government elections office designated for the deposit of ballots under ORS 254.470 is located, or within 100 feet measured radially from any entrance to the building. A person may not do any electioneering by public address system located more than 100 feet from an entrance to the building if the person is capable of being understood within 100 feet of the building. The electioneering need not relate to the election being conducted. This subsection applies during the business hours of the building or, if the building is a county elections office, during the hours the office is open to the public, during the period beginning on the date that ballots are mailed to electors as provided in ORS 254.470 and ending on election day at 8 p.m. or when all persons waiting in line at the building who began the act of voting as described in ORS 254.470 (10) by 8 p.m. have finished voting.
(3) A person may not obstruct an entrance of a building in which ballots are issued or a place designated for the deposit of ballots under ORS 254.470 or any voting booth maintained under ORS 254.474 is located. This subsection applies during the period beginning on the date that ballots are mailed to electors as provided in ORS 254.470 and ending on election day at 8 p.m. or when all persons waiting in line at the building or location who began the act of voting as described in ORS 254.470 (10) by 8 p.m. have finished voting.
(4) A person may not vote or offer to vote in any election knowing the person is not entitled to vote.
(5) A person may not make a false statement about the person’s inability to mark a ballot.
(6) A person, except an elections official in performance of duties or another person providing assistance to an elector as described in ORS 254.445, may not ask a person at any place designated for the deposit of ballots under ORS 254.470 or at any location described in ORS 254.472 or 254.474 for whom that person intends to vote, or examine or attempt to examine the person’s ballot.
(7) An elections official, other than in the performance of duties, may not disclose to any person any information by which it can be ascertained for whom any elector has voted.
(8) A person, except an elections official in performance of duties, may not do anything to a ballot to permit identification of the person who voted.
(9) An elector may not willfully leave at any place designated for the deposit of ballots under ORS 254.470 or at any location described in ORS 254.472 or 254.474 anything that will show how the elector’s ballot was marked.
(10) A person, except an elections official in performance of duties, may not remove a ballot from any place designated for the deposit of ballots under ORS 254.470 or any location described in ORS 254.472 or 254.474.
(11) A person, except an elections official in performance of duties or a person authorized by that official, may not willfully deface, remove, alter or destroy a posted election notice.
(12) A person, except an elections official in performance of duties, may not willfully remove, alter or destroy election equipment or supplies, or break the seal or open any sealed package containing election supplies.
(13) A person, except an elections official in performance of duties, may not provide elections advice or attempt to collect voted ballots within any building in which any state or local government elections office designated for the deposit of ballots under ORS 254.470 is located, or within 100 feet measured radially from any entrance to the building.
(14) A person, except an elections official in performance of duties, may not establish a location to collect ballots voted by electors unless:

(a) The person prominently displays at the location a sign stating: “NOT AN OFFICIAL BALLOT DROP SITE”; and
(b) The sign is printed in all capital letters in bold 50-point type. [1979 c.190 §390; 1993 c.713 §37; 1999 c.318 §44; 2001 c.805 §5; 2001 c.965 §16; 2007 c.154 §55; 2007 c.881 §10; 2010 c.35 §1; 2014 c.67 §6; 2014 c.112 §6]

260.700 [Amended by 1957 c.644 §22; repealed by 1971 c.749 §82]

260.705 Premature release of results of vote.
A person may not make public the results of the tally of votes from any precinct until after 8 p.m. on the date of the election. [Formerly 246.045; 2007 c.154 §56]

260.710 [Amended by 1971 c.749 §66; 1973 c.744 §45; repealed by 1979 c.190 §431]

260.715 Prohibitions relating to voting and ballots.
(1) A person may not knowingly make a false statement, oath or affidavit when a statement, oath or affidavit is required under the election laws.
(2) A person may not request a ballot in a name other than the person’s own name.
(3) A person may not vote or attempt to vote more than once at any election held on the same date.
(4) A person may not vote or attempt to vote both in an election held in this state and in another state on the same date.
(5) A person, except an elections official in performance of duties, may not willfully alter or destroy a ballot cast at an election or the returns of an election.
(6) A person may not willfully place a fraudulent ballot among the genuine ballots.
(7) A person may not falsely write anything purporting to be written by an elections official in performance of duties on the ballot.
(8) A person may not commit theft of a ballot or tally or return sheet, or willfully hinder or delay the delivery of the tally or return sheet to the county clerk, or fraudulently break open a sealed tally or return sheet of the election.
(9)(a) A person may not:

(A) Manufacture or knowingly use a fraudulent ballot return identification envelope or secrecy envelope; or
(B) Sell, make an offer with the actual intent to sell, purchase or make an offer with the actual intent to purchase, for money or other valuable consideration, any official ballot, replacement ballot, ballot return identification envelope or secrecy envelope.

(b) As used in this subsection, “ballot return identification envelope” and “secrecy envelope” mean those envelopes used to return ballots to the county clerk. [1979 c.190 §392; 1999 c.318 §45; 2005 c.797 §58; 2007 c.154 §57; 2007 c.155 §10; 2017 c.749 §41]

260.718 [1999 c.1002 §6; repealed by 2005 c.797 §73]

260.720 [Repealed by 1971 c.749 §82]

260.725 [1993 c.743 §22; 1995 c.79 §90; renumbered 260.174 in 1995]

260.730 [Amended by 1957 c.644 §23; repealed by 1971 c.749 §82]

260.735 [1993 c.710 §3; 2005 c.797 §20; repealed by 2011 c.652 §11]

260.737 [1993 c.710 §§4,5; 1995 c.607 §56a; 1999 c.999 §21; 2001 c.965 §17; 2005 c.809 §§47,48; 2009 c.818 §18; repealed by 2011 c.652 §11]

260.740 [Repealed by 1957 c.644 §28]

260.750 [Amended by 1957 c.644 §24; repealed by 1971 c.749 §82]

260.760 [Amended by 1957 c.644 §25; repealed by 1971 c.749 §82]

260.770 [Repealed by 1971 c.749 §82]

260.780 [Amended by 1957 c.644 §26; repealed by 1971 c.743 §432 and by 1971 c.749 §83]

260.790 [Repealed by 1971 c.743 §432 and by 1971 c.749 §83]

260.800 [Repealed by 1957 c.644 §28]

260.810 [Repealed by 1957 c.644 §28]

260.820 [Repealed by 1971 c.749 §82]

(Penalties)

260.990 [1971 c.749 §§24,74; repealed by 1973 c.744 §46 (260.991 enacted in lieu of 260.990)]

260.991 [1973 c.744 §47 (enacted in lieu of 260.990); repealed by 1979 c.190 §431]

260.992 [1973 c.623 §6; repealed by 1977 c.678 §4]

260.993 Criminal penalties.
(1) The penalty for violation of ORS 260.532 is limited to that provided in ORS 260.532 (6) and (8).
(2) Violation of ORS 247.125 (1), 247.171 (5), 247.420 (2), 253.710, 260.402, 260.555, 260.558, 260.575, 260.645 or 260.665 (2) or (3) involving any action described in ORS 260.665 (2)(d) to (f) or 260.715 is a Class C felony.
(3) Violation of ORS 260.695 (4) is a Class A misdemeanor.
(4) Violation of ORS 247.171 (6) is a Class C misdemeanor. [1979 c.190 §393; 1983 c.514 §17; 1983 c.756 §2; 1985 c.808 §65; 1987 c.718 §4; 1999 c.318 §46; 1999 c.941 §2; 1999 c.1002 §9; 2001 c.489 §4; 2001 c.805 §6; 2001 c.965 §19; 2005 c.797 §51; 2009 c.511 §20]

260.995 Civil penalties.
(Text of section operative until Dec. 3, 2020)
(1) Except as provided in subsection (2) of this section, following an investigation under ORS 260.345, the Secretary of State or Attorney General may impose a civil penalty not to exceed $1,000 for each violation of any provision of Oregon Revised Statutes relating to the conduct of any election, any rule adopted by the secretary under ORS chapters 246 to 260 or any other matter preliminary to or relating to an election, for which a civil penalty is not otherwise provided.
(2) The secretary or the Attorney General may impose a civil penalty not to exceed:

(a)(A) Except as provided in subparagraph (B) of this paragraph, $1,000 plus the amount converted to personal use for each violation of ORS 260.407;

(B) Two times the amount of the penalty provision for violating a nondisclosure agreement that is contained within each nondisclosure agreement entered into in violation of ORS 260.407 or section ORS 260.413; or

(b) $10,000 for each violation of ORS 260.555, 260.558, 260.575, 260.695 (1) or 260.715 (1) or section 1b, Article IV of the Oregon Constitution.

(3) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.745. In addition to the requirements of ORS 183.745, the notice shall include:

(a) A statement of the authority and jurisdiction under which the hearing is to be held; and
(b) If the person is an agency, corporation or an unincorporated association, a statement that such person must be represented by an attorney licensed in Oregon, unless the person is a political committee which may be represented by any officer identified in the most recent statement of organization filed with the filing officer.

(4) A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held by the secretary or Attorney General:

(a) Upon request of the person against whom the penalty may be assessed, if the request is made not later than the 20th day after the date the person received notice sent under subsection (3) of this section; or
(b) Upon the secretary’s or Attorney General’s own motion.

(5) The person against whom a penalty may be assessed need not appear in person at a hearing held under this section, but instead may submit written testimony or other evidence, sworn to before a notary public, to the secretary or Attorney General for entry in the hearing record. The testimony or other evidence must be received by the secretary or Attorney General not later than three business days before the day of the hearing.
(6) All hearings under this section shall be held not later than 45 days after the deadline for the person against whom the penalty may be assessed to request a hearing. However, if requested by the person against whom the penalty may be assessed, a hearing under subsection (4) of this section shall be held not later than 60 days after the deadline for the person against whom the penalty may be assessed to request a hearing.
(7) The secretary or Attorney General shall issue an order not later than 90 days after a hearing or after the deadline for requesting a hearing if no hearing is held.
(8) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund.
(9) In the case of a civil penalty imposed under this section for a violation of ORS 260.407, the person against whom the penalty is assessed:

(a) Is personally responsible for the payment of the civil penalty;
(b) Shall pay the civil penalty from personal funds of the person; and
(c) May not pay the civil penalty from contributions received by a candidate, a candidate’s principal campaign committee, a political committee or a petition committee.
[1987 c.718 §1; 1991 c.319 §2; 1991 c.734 §119; 1993 c.493 §83; 2005 c.797 §52; 2005 c.809 §1; 2009 c.533 §11; 2009 c.818 §19; 2010 c.9 §10; 2010 c.35 §2; 2013 c.617 §2; 2019 c.462, §6]

260.997 [1995 c.1 §10; repealed by 1999 c.999 §59]

260.999 [1995 c.1 §11; repealed by 1999 c.999 §59]

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Chapters 256 and 257 – Reserved

O.R.S. T. 23, Ch. 256 to 257, Reserved

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