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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 23 ELECTIONS
Chapter : Chapter 249 Candidates; Recall
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As used in this chapter:
(1) “Candidate” means an individual whose name is or is expected to
be printed on the official ballot.
(2) “County clerk” means the county clerk or the county official in
charge of elections.
(3) “Elector” means an individual 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, Superintendent
of Public Instruction, 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, Superintendent of Public Instruction, 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] (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](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 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] 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](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 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 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
for verification is 15,000 or more, the county clerk may use a
statistical sampling technique authorized by the Secretary of State to
verify the 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.
[Formerly 249.055; 1985 c.808 §10; 1989 c.68 §2; 1993 c.493 §6](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] Certificates of
nomination, acceptances and withdrawals shall be preserved for two years
after the election to which they relate. [1979 c.190 §99](1) No person shall be a candidate
for more than one lucrative office to be filled at the same election.
(2) No person shall file a nominating 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.
(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
shall be invalid and any other filing made by the same person shall be
void.
(4)(a) No person shall be a candidate for more than one district
office to be filled at the same election. This paragraph does not apply
to a district that has fewer than 10,000 electors residing within the
district.
(b) No person shall be a candidate for more than one position on
the same district board to be filled at the same election.
(c) As used in this subsection, “district” means a district as
defined in ORS 255.012.
(5) No person shall be a candidate for more than one city office to
be filled at the same election.
(6) Notwithstanding any provision of this section, in the case of a
vacancy to be filled by election, the same person is eligible for
nomination and election to both the 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]MAJOR POLITICAL PARTY NOMINATIONS AND NOMINATIONS TO NONPARTISAN OFFICE(Generally)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](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]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] (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 indorsement of any political party other than the one
of which the candidate is a member on the date the petition or
declaration is filed.
(h) The signature of the candidate.
(i) A statement of the candidate’s 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) A declaration of candidacy shall include a statement that the
required fee is included with the declaration.
(4) If required by the national rules of the major political party,
the declaration of a candidate for election as a precinct 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] A nominating petition 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 clerk.
(3) City office shall be filed with the chief city elections
officer.
(4) Any elected office of a metropolitan service district under ORS
chapter 268 shall be filed with the county clerk of the county in which
the administrative office of the 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] (1) 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 primary
election.
(2) Notwithstanding subsection (1) of this section, a declaration
of candidacy for the office of precinct committeeperson may not be filed
before February 1 immediately preceding 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] When an
elector files with the appropriate filing officer a signed copy of the
elector’s prospective petition for nomination under ORS 249.061, or a
declaration of candidacy, it shall be 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]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] 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](Declarations of Candidacy) (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,
Superintendent of Public Instruction, 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 office, district attorney 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](Nominating Petitions)(1) No petition for nomination shall 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 copy of
the prospective petition signed by the candidate.
(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
individuals signed the sheet in the presence of the circulator and that
the circulator 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](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 address and name or number of the precinct, if known, of each
elector whose signature appears.
(3) The signatures contained in the nominating petition shall be
certified for genuineness by the county clerks under ORS 249.008. [1979
c.190 §112](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 electors registered in at least five
percent of the precincts in each of at least seven counties. If the
office is one to be voted for in a congressional district the signatures
shall include those of electors registered in at least five percent of
the precincts in each of at least one-fourth of the counties in the
congressional district.
(2) Except as otherwise provided in this section or for a candidate
for nonpartisan office in ORS 249.072:
(a) A nominating petition for an office not provided for in
subsection (1) of this 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 section 6, Article IV 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;
(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;
(d) If the office under this subsection is to be voted for in more
than one county, the signatures shall include those of electors
registered in at least six percent of the precincts in the electoral
district that are located in each of two or more of the counties, or
portions of the counties, within which the electoral district is located.
If six percent of the precincts of the electoral district in one of the
counties or portion thereof does not constitute a whole precinct, the
nominating petition shall contain signatures from at least one precinct
in that county; and
(e) If the office is to be voted for in only one county or in a
city, the signatures shall include those of electors registered in at
least 10 percent of the precincts in the electoral district. [Formerly
249.041; 1983 c.567 §7; 1985 c.808 §13; 1993 c.493 §13; 1995 c.606 §5;
1999 c.410 §22; 2001 c.721 §5; 2005 c.797 §34](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 electors registered in each of at least
five percent of the precincts in each of at least seven counties.
(2) The nominating petition for a 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. In addition:
(a) If an office under this subsection is to be voted for in more
than one county, the signatures shall include those of electors
registered in each of at least six percent of the precincts in the
electoral district that are located in each of two or more of the
counties, or portions of the counties, within which the electoral
district is located. If six percent of the precincts of the electoral
district in one of the counties or portion thereof does not constitute a
whole precinct, the nominating petition shall contain signatures from at
least one precinct in that county.
(b) If the office is to be voted for in only one county or in a
city, the signatures shall include those of electors registered in each
of at least 10 percent of the precincts in the electoral district.
[Formerly 252.810; 1987 c.707 §7; 1989 c.174 §2; 1999 c.410 §23] (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)(1) The name of a candidate for a major
political party nomination for President of the United States shall be
printed on the ballot or ballot label 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 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 under ORS
249.008. Before circulating the 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](Nomination to Nonpartisan Office)(1) Unless otherwise provided by a home
rule charter, at the nominating election held on the date of the primary
election, two candidates shall be nominated for the nonpartisan office.
However, when a candidate, other than a candidate for the office of
sheriff, a candidate for the office of county clerk, a candidate for the
office of county treasurer or a candidate to fill a vacancy, receives a
majority of the votes cast for the office at the nominating election,
that candidate is elected.
(2) When a candidate for the office of sheriff, the office of
county clerk, the office of county treasurer or a candidate to fill a
vacancy receives a majority of votes cast for the office at the
nominating election, that candidate alone is nominated. [1979 c.190 §118;
1979 c.451 §5; 1979 c.587 §3; 1983 c.350 §66; 1989 c.218 §1; 1991 c.719
§7; 1993 c.493 §12; 1995 c.92 §2; 1995 c.607 §77; 1995 c.712 §27]Unless otherwise provided by a home rule charter, when a
nominating petition or declaration of candidacy is filed by no more than
two candidates for the office of sheriff, the office of county treasurer
or the office of county clerk or by no more than two candidates to fill a
vacancy in a nonpartisan office, the candidate or candidates shall be the
nominee or nominees for the office and the name or names of the candidate
or candidates shall not be printed on the ballot or ballot label at the
nominating election. [1995 c.92 §4; 1995 c.607 §77a](Withdrawal Before Nomination) (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) 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) (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) 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](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
primary election, by selecting a nominee at the next primary election; or
(b) If the vacancy occurs after the 70th day before the primary
election but before the 61st day before the general election, by
selecting a nominee as provided by party rule.
(2) The procedure under subsection (1) of this section shall not
apply in any case in which one of the following specific 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](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]NOMINATION OF CANDIDATES TO PARTISAN OFFICE BY OTHER THAN MAJOR POLITICAL
PARTY(General Provisions) 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] (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]
(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) 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.
(3) A certificate of nomination made by an assembly of electors
shall be signed by the presiding officer and secretary of the nominating
convention of the assembly. A certificate of nomination made by a minor
political party shall be signed by an officer of the party. An affidavit
shall be made on the certificate by the presiding officer and secretary
of the nominating convention of the assembly or by the officer of the
minor political party and signed and acknowledged by them before a notary
public. The affidavit shall be that the statements in the certificate of
nomination and related documents are true. With respect to an assembly of
electors, the affidavit shall state that the assembly satisfied the
requirements of ORS 249.735. [Amended by 1957 c.608 §110; 1961 c.336 §3;
1973 c.841 §2; 1975 c.678 §24; 1979 c.190 §127; 1981 c.142 §1; 1991 c.719
§8; 1993 c.797 §13; 1995 c.607 §19; 2005 c.797 §35] (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](Nomination by 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. The signatures shall be certified by the appropriate county clerk
under ORS 249.008. A copy of the minutes, certified by the secretary of
the assembly, and the certificate of the county clerk shall be filed with
the filing officer 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] (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)(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
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.
(5) The signatures contained in each certificate of nomination made
by individual electors shall be certified for genuineness by the county
clerk under ORS 249.008.
(6) As used in this section, “prospective certificate” means the
information, except signatures and other identification of 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](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](Withdrawals; Filling Vacancies) Any person who has
been nominated and has accepted the nomination under ORS 249.712 may
withdraw from nomination not later than the 67th day before the general
election 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. The statement shall be signed and
acknowledged by the candidate before a notary public. The withdrawal 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] (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](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]RECALL OF PUBLIC OFFICER(1) Pursuant to section 18, Article II 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.
Before the petition is circulated for signatures, the chief petitioner of
the petition shall file with the officer authorized to order the recall
election:
(a) A copy of the prospective petition signed by the chief
petitioner;
(b) A statement of organization described in ORS 260.118; and
(c) A statement conforming to ORS 260.083 of contributions received
and expenditures made by or on behalf of the chief petitioner and
political committee the chief petitioner represents, if any, to the date
of filing the prospective petition.
(2) The chief petitioner shall include with the prospective
petition a statement 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 treasurer listed on the statement
of organization filed under subsection (1) of this section.
(4) Not more than 20 signatures on each sheet of the recall
petition shall be counted. The circulator shall certify on each signature
sheet that the individuals signed the sheet in the presence of the
circulator and that the circulator believes each individual is an elector.
(5) Any intentional or willful violation of subsection (1) or (2)
of this section by a chief petitioner of the recall petition or by the
treasurer listed on the statement of organization filed under subsection
(1) of this section 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] 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] (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]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] (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]
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