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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 23 ELECTIONS
Chapter : Chapter 248 Political Parties; Presidential Electors
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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](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]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](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 274th day before each primary
election whether the major political party has satisfied the registration
requirements described in subsection (3) of this section. [1979 c.190
§69; 1993 c.797 §1; 1995 c.712 §14; 2001 c.721 §1](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 274th day before the date of the primary
election, a major political party shall notify the Secretary of State in
writing whether or not the party intends to be subject to the provisions
of ORS 248.012 to 248.315 or whether the party intends to elect precinct
committeepersons under subsection (4) of this section. If the major
political party does not intend to be subject to the provisions of ORS
248.012 to 248.315 or intends to elect precinct 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 on the 274th day before the third Tuesday in May of each
odd-numbered year.
(7) A major political party subject to the provisions of this
section shall nominate candidates of the major political party, for other
than political party office, at the primary election. [1993 c.797 §3;
1995 c.712 §15](1) An
affiliation of electors becomes a minor political party in the state, a
county or other electoral district, qualified to make nominations for
public office in that electoral district and in any other electoral
district wholly contained within the electoral district, when either of
the following events occurs:
(a) When the affiliation of electors has filed with the Secretary
of State a petition with the signatures of at least a number of electors
equal to one and one-half percent of the total votes cast in the
electoral district for all candidates for Governor at the most recent
election at which a candidate for Governor was elected to a full term.
The petition also shall state the intention to form a new political party
and give the designation of it. The filed petition shall contain only
original signatures. The petition shall be filed not later than two years
following the date the prospective petition is filed. The circulator
shall certify on each signature sheet that the individuals signed the
sheet in the presence of the circulator and that the circulator believes
each individual is an elector registered in the electoral district. The
Secretary of State shall verify whether the petition contains the
required number of signatures of electors. The petition shall not be
accepted for filing if it contains less than 100 percent of the required
number of signatures. The Secretary of State by rule shall designate a
statistical sampling technique to verify whether a petition contains the
required number of signatures of electors. A petition shall not be
rejected for the reason that it contains less than the required number of
signatures unless two separate sampling processes both establish that the
petition lacks the required number of signatures. The second sampling
must contain a larger number of signatures than the first sampling. The
Secretary of State may employ professional assistance to determine the
sampling technique. The statistical sampling technique may be the same as
that adopted under ORS 250.105. Before circulating the petition, the
chief sponsor of the petition shall file with the Secretary of State a
signed copy of the prospective petition. The chief sponsor shall include
with the prospective petition a statement declaring whether one or more
persons will be paid money or other valuable consideration for obtaining
signatures of electors on the petition. After the prospective petition is
filed, the chief sponsor shall notify the filing officer not later than
the 10th day after the chief sponsor first has knowledge or should have
had knowledge that:
(A) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no such
person would be paid.
(B) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that one or
more such persons would be paid.
(b) When the affiliation of electors has polled for any one of its
candidates for any public office in the electoral district at least one
percent of the total votes cast in the electoral district for all
candidates for:
(A) Presidential elector at the last general election at which
candidates for President and Vice President of the United States were
listed on the ballot; or
(B) Any single state office to be voted upon in the state at large
for which nominations by political parties are permitted by law at the
most recent election at which a candidate for the office was elected to a
full term.
(2) After satisfying either requirement of subsection (1) of this
section, the minor political party may nominate candidates at the next
general election if at any time during the period beginning on the date
of the next primary election and ending on the 90th day before the next
general election, a number of electors equal to at least one-tenth of one
percent of the total votes cast in the state or electoral district for
all candidates for Governor at the most recent election at which a
candidate for Governor was elected to a full term are registered as
members of the party.
(3) A filing officer shall not accept a certificate of nomination
of a candidate nominated by a minor political party unless the minor
political party has satisfied the registration requirement of subsection
(2) of this section.
(4) After a minor political party qualifies to nominate candidates,
in order to maintain status as a minor political party:
(a) A candidate or candidates of the party must poll a number of
votes described in subsection (1)(b) of this section at each subsequent
general election and following each general election, the registration
requirement of subsection (2) of this section must be satisfied; or
(b) Following each general election, at any time during the period
beginning on the date of the next primary election and ending on the 90th
day before the next general election, a number of electors equal to at
least one-half of one percent of the total number of registered electors
in this state must be registered as members of the party.
(5) An affiliation of electors ceases to be a minor political party
in the state or electoral district if:
(a) The registration requirement of subsection (2) or (4)(b) of
this section is not satisfied. The affiliation of electors ceases to be a
minor political party on the date of the deadline for satisfying the
registration requirement; or
(b) Except as provided in subsection (4)(b) of this section, in the
case of a minor political party qualified to nominate candidates, a
candidate or candidates of the minor political party do not satisfy the
one percent requirement specified in subsection (1)(b) of this section at
the next general election. The affiliation of electors ceases to be a
minor political party on the date of the election.
(6) During the period beginning on the date of the primary election
and ending on the 90th day before the date of the general election, the
Secretary of State shall determine not less than once each month whether
the registration requirement of subsection (2) or (4)(b) of this section
has been satisfied. If the party changes its name, only those electors
who register on or after the effective date of the name change as members
of the party under the new party name shall be counted as members of the
party under this subsection.
(7) An affiliation of electors or a minor political party may not
satisfy the one percent requirement referred to in subsection (1)(b) of
this section by nominating a candidate who is the nominee of another
political party at the same election. [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](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] Each major political party and minor
political party, its nominated candidates and its members and officers
shall have the exclusive right to use the whole party name or any part of
it. [Amended by 1957 c.608 §49; 1965 c.407 §1; 1975 c.779 §4; 1979 c.190
§71; 1983 c.514 §5] 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] The chairperson of a
county central committee or state central committee shall notify by mail
the entire membership of the committee not later than the sixth day
before the date of an anticipated meeting. Except for the notice of an
organizational meeting of a county central committee, failure to give
timely notice of the time, date and place of a meeting shall invalidate
the business of the meeting. [Formerly 248.100]PRECINCT COMMITTEEPERSONS(1) A precinct committeeperson shall be a representative
of the major political party in the precinct. At the primary election a
major political party shall elect from its members a committeeperson of
each sex for every 500 electors, or major fraction thereof, who are
registered in the precinct on January 31 of the year of the primary
election. In any event the political party members of a precinct shall be
entitled to elect not less than one committeeperson of each sex in the
precinct. No person shall hold office as committeeperson in more than one
precinct.
(2) A member of a major political party may become a candidate for
precinct committeeperson of the precinct in which the person is
registered, or of a precinct within the same county adjoining that
precinct, by filing a declaration of candidacy described in ORS 249.031,
except as provided in subsection (3) of this section.
(3) ORS 249.031 (1)(i) shall not apply to declarations of candidacy
for candidates for precinct committeeperson.
(4) A member of the major political party who has been a member of
that party for 180 days before the primary election may be elected by
write-in votes as precinct committeeperson of the precinct in which the
member is registered, or of a precinct within the same county adjoining
that precinct.
(5) Unless a qualified person receives at least three votes, no
person shall be deemed to have been elected as precinct committeeperson
and the office of 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 shall not be 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]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
the date of the primary election, is eligible to file a nominating
petition 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](1) Not later than the 20th day after a primary
election, the county clerk shall mail a certificate of election to each
newly elected precinct committeeperson within the county. The clerk also
shall mail an “Acceptance of Office” form to each person elected by
write-in votes to the office of committeeperson. 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 clerk, 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 clerk 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 clerk shall declare the other offices of committeeperson vacant.
[1965 c.407 §§4,5; 1975 c.779 §5; 1977 c.644 §2; 1979 c.190 §74; 1987
c.267 §10; 1995 c.607 §75; 1995 c.712 §19]
(1) A precinct committeeperson may resign from the office by filing a
written notification of resignation with the county clerk. Upon receipt
of this notification, the county clerk shall:
(a) Remove the name of the person from the list of committeepersons.
(b) Declare that office vacant.
(c) Notify the appropriate county central committee.
(2) When a precinct committeeperson ceases to be registered in the
precinct in which the committeeperson was elected or a precinct adjoining
that precinct within the same county, changes political party
registration or dies, the county central committee shall notify the
county clerk of the fact. Upon receipt of this notification, if the
county clerk determines that the notification is correct, the clerk shall:
(a) Remove the name of the person from the list of committeepersons.
(b) Declare that office vacant. [Formerly 248.047](1) The members of a county
central committee may select a member of the major political party who is
registered in the precinct in which the vacancy exists, or registered in
a precinct within the same county adjoining that precinct, to fill a
vacancy in the office of precinct committeeperson.
(2) When a county central committee votes to select a person to
fill a vacancy in the office of precinct committeeperson, the chairperson
of the committee shall give written notice to the county clerk of the
proposed selection. The selection shall take effect when the county clerk
upon timely verification of eligibility, places the name of the person
selected on the list of committeepersons. The county clerk shall then
send written notice of the selection to the person and the county central
committee.
(3) A person selected to fill a vacancy in the office of precinct
committeeperson may be removed from office at the pleasure of the central
committee, but, except as provided in subsection (4) of this section,
otherwise shall hold the office for the unexpired term and shall have the
powers, duties and privileges of an elected committeeperson.
(4) A person selected to fill a vacancy in the office of precinct
committeeperson may not vote on the election of county central committee
officers at the organizational meeting of the committee as provided in
ORS 248.035. A person selected to fill a vacancy in the office of
precinct committeeperson may vote to fill any vacancy in a committee
office after the organizational meeting. [Formerly 248.055; 1987 c.620
§1; 2005 c.506 §3]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] (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
committeeperson resigns, the resignation shall take effect on the date of
the resignation. If the committeeperson does not resign before the fifth
day after the petition is filed with the county clerk, a special election
shall be ordered by the county clerk to be held not later than the 25th
day after the petition is filed to determine whether the committeeperson
will be recalled. The recall election shall be held in the precinct as it
existed when the committeeperson was elected. On the ballot shall be
printed the reasons for the recall stated in the recall petition, and, in
not more than 200 words, the committeeperson’s justification of the
committeeperson’s actions in office. The committeeperson shall continue
to perform duties of the office until the result of the special election
is declared.
(3) The cost of the election shall be paid by the county central
committee of the party of the committeeperson. [Formerly 248.053; 1981
c.173 §19; 1987 c.267 §11; 1995 c.712 §20]COUNTY CENTRAL COMMITTEEThe 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] (1) The organizational
meeting of a county central committee shall be held no less frequently
than every 25 months.
(2) The retiring county central committee shall prepare a written
notice designating the time, date and place of the meeting and file a
copy of the notice with the county clerk not later than the 40th day
before the date of the meeting. The retiring county central committee
also shall mail a copy of the notice to the state central committee.
(3) Upon request of a county central committee, the county clerk
shall provide the county central committee, without charge, a list of the
names, addresses and other 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 clerk
receives notice of an organizational meeting under subsection (2) of this
section.
(4) The chairperson of the retiring county central committee shall
mail a copy of the notice of the time, date and place of the meeting, not
later than the 10th day before the meeting, to each member of the county
central committee. If permitted by the bylaws of the county central
committee, the county central committee may notify members by means other
than by mail. [1965 c.407 §8; 1975 c.779 §6; 1977 c.644 §3; 1979 c.190
§80; 1981 c.862 §2; 1987 c.267 §12; 1995 c.712 §21; 2005 c.506 §1](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 clerk 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 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 clerk a list of committee members. The list shall
determine the eligibility of a committeeperson to vote to fill a vacancy
in a committee office. [1965 c.407 §9 (1), (2), (3), (4); 1973 c.773 §5;
1975 c.779 §7; 1979 c.190 §81; 2005 c.506 §4]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 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 committeeperson for the unexpired term and shall have
the powers, duties and privileges of a committeeperson. When a person is
appointed to the office of committeeperson pursuant to this subsection,
the temporary chairperson shall notify, in writing, the county clerk of
the appointment. The county clerk shall place the name of the person
appointed on the list of committeepersons. [1965 c.407 §9 (5), (6); 1979
c.190 §82]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]STATE CENTRAL COMMITTEE 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]
(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 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 mail.
(3) The chairperson of the retiring state central committee shall
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
mailed 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](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]DELEGATES TO NATIONAL CONVENTIONS (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]PRESIDENTIAL ELECTORS (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](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] 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] 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]
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