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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 23 ELECTIONS
Chapter : Chapter 250 Initiative and Referendum
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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] 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](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] 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. 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]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] (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) To avoid confusion, a ballot title shall not resemble any title
previously filed for a measure to be submitted at that election.
(7) In the statements required by 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
(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 shall not apply to the ballot
title of a measure submitted to voters in a general election in an
(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 shall not be 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) If the election for a measure to which this section applies is
to be conducted by mail, the front of the outer envelope in which the
ballot title is mailed shall state, clearly and boldly printed in red,
“CONTAINS VOTE ON PROPOSED TAX INCREASE.” [1991 c.902 §119; 1997 c.541
§313]In addition to meeting other applicable requirements of this
chapter:
(1) The ballot title for a measure authorizing the imposition of
local option taxes shall contain the statement required by ORS 280.070
(4)(a) and the information required by ORS 280.070 (5);
(2) The ballot title for a measure authorizing the establishment of
a permanent rate limitation shall contain the information required by ORS
280.070 (6); and
(3) If the election on a measure authorizing the imposition of
local option taxes or the establishment of a permanent rate limitation is
to be conducted by mail, the front of the outer envelope in which the
ballot title is mailed shall state, clearly and boldly printed in red,
“CONTAINS VOTE ON PROPOSED TAX INCREASE.” [1999 c.632 §25]
(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](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](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(1) Before circulating a petition to initiate or
refer a state measure under section 1, Article IV, Oregon Constitution,
the petitioner shall file with the Secretary of State a prospective
petition. The prospective petition for a state measure to be initiated
shall contain a statement of sponsorship signed by at least 25 electors.
The statement of sponsorship shall be attached to a full and correct copy
of the measure to be initiated. The signatures in the statement of
sponsorship must be accompanied by a certificate of the county clerk of
each county in which the electors who signed the statement reside,
stating the number of signatures believed to be genuine. The Secretary of
State shall date and time stamp the prospective petition and specify the
form on which the petition shall be printed for circulation. The
secretary shall approve or disapprove the form of any petition signature
sheet within five business days after the signature sheet is submitted
for review by the secretary. The secretary shall retain the prospective
petition.
(2) The chief petitioner may amend the proposed initiated measure
filed with the Secretary of State without filing another prospective
petition, if:
(a) The Attorney General certifies to the Secretary of State 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.
(3) 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 final measure summary described in ORS 250.065 (1). 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 ballot title described in ORS
250.067 (2). However, if the Supreme Court has reviewed the ballot title,
the cover of the initiative petition shall contain the title certified by
the court.
(4) 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.
(5)(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 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 only the signatures of electors of one county; 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 of State 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.
(6) The reverse side of the cover of an initiative or referendum
petition shall be used for obtaining signatures on an initiative or
referendum petition.
(7) 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 of the initiative or referendum petition
that the individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector.
(8) 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] (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.
After the referendum petition has been filed containing the required
number of verified signatures, the Secretary of State immediately shall
send two copies 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 two copies of it to the Attorney General.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition for a state measure to be initiated,
the Attorney General shall provide a draft ballot title for the state
measure to be initiated and return one copy of the prospective petition
and the ballot title to the Secretary of State.
(4) Not later than the 10th business day after receiving the copies
of the prospective petition for a state measure to be referred, the
Attorney General shall provide a draft ballot title for the state measure
to be referred and return one copy of the prospective petition and the
draft ballot title to the Secretary of State. [Formerly 254.055; 1985
c.447 §2; 2005 c.797 §37](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 shall be submitted to the Secretary of State not later than the
10th business day after the Secretary of State receives the draft title
from the Attorney General. On the next business day after the deadline
for submitting comments to the Secretary of State, 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) The Attorney General shall consider any written comments
submitted under subsection (1) of this section and shall certify to the
Secretary of State either the draft ballot title or a revised ballot
title not later than the 10th business day after receiving the comments
from the Secretary of State. If no written comments are submitted to the
Secretary of State, the Attorney General shall certify the draft ballot
title not later than the 20th business day after the Secretary of State
receives the draft title from the Attorney General. The Secretary of
State shall furnish the chief petitioner with a copy of the ballot title.
(3) Unless the Supreme Court certifies a different ballot title,
the ballot title provided by the Attorney General under subsection (2) of
this section shall be the title printed in the voters’ pamphlet and on
the ballot.
(4) If a petition for review of a ballot title 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 of State by rule shall specify the means for
providing reasonable statewide notice for submitting comments on a draft
ballot title. [1985 c.447 §5; 1989 c.503 §5; 2001 c.802 §1; 2005 c.797
§38]
(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 two copies 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 referred measure and the draft ballot title and a
certificate of mailing of the draft ballot title to each member.
[Formerly 254.073; 1985 c.447 §3; 1995 c.607 §27](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 a 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 to the Secretary of State; 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 prepared 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 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 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] 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](1) An initiative or referendum petition relating to a
state measure shall be filed with the Secretary of State for the purpose
of verifying whether the petition contains the required number of
signatures of electors. The filed petition shall contain only original
signatures. Each petition shall be verified in the order in which the
petitions are filed with the secretary.
(2) An initiative or referendum petition relating to a state
measure shall not be accepted for filing if it contains less than 100
percent of the required number of signatures.
(3) If an initiative or referendum petition is submitted not less
than 165 days before the election at which the proposed measure is to be
voted upon and if the Secretary of State determines that insufficient
signatures have been submitted but the deadline for filing the petition
has not passed, the petitioners may submit additional signatures.
(4) The Secretary 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. 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.
(5) For purposes of estimating the number of duplicate signatures
contained in a petition, the Secretary of State shall apply at least an
eight percent duplication rate in the first sampling of signatures on all
petitions. If a second sampling of signatures is required under
subsection (4) of this section, the secretary shall calculate an
estimated signature duplication rate for each petition for which a second
sampling is required. For purposes of calculating an estimated signature
duplication rate for each petition for which a second sampling is
required, the county clerks shall report to the secretary the number of
electors determined to have signed a specific petition more than once.
(6) When verifying signatures for a state initiative or referendum
petition, the county clerk shall identify on an elector’s voter
registration record or other database that the elector signed the
specific initiative or referendum petition.
(7) The Secretary of State may employ professional assistance to
determine the sampling technique to be designated under subsection (4) of
this section. [1979 c.190 §149; 1985 c.447 §7; 1989 c.68 §6; 1999 c.1021
§1] (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
measures shall be assigned numbers in the order in which the measures are
filed with the secretary.
(2) The Secretary of State shall number state measures not referred
to under 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](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 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 or
any city, county or district if the measure is not enacted. The financial
estimate committee may make an estimate under this subsection if the
Legislative Assembly has enacted a law that will apply only if the
measure for which the estimate is prepared is not enacted.
(3) For a state measure for which an 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.
(4) Except as provided in subsection (5) of this section, the
estimates described in subsections (1) and (2) of this section shall be
printed in the voters’ pamphlet and on the ballot. The estimates shall be
impartial, simple and understandable and shall include the following
information:
(a) A statement of the amount of financial effect on state or local
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 or local 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 (2) of this section, a
description of the most likely financial effect or effects if the measure
is not enacted.
(5) If the financial estimate committee determines that the measure
will have no financial effect on state or local government expenditures,
revenues or indebtedness or that the financial effect on state or local
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.
(6) In addition to the estimates described in subsections (1) and
(2) of this section, if the financial estimate committee considers it
necessary, the committee may prepare and file with the Secretary of State
an impartial, simple and understandable statement 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.
(7) The Legislative Administration 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.
(8) 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](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
file with the Secretary of State the estimates described in ORS 250.125
and, if the committee considers it necessary, a statement explaining the
financial effects of the measure as described in ORS 250.125 (6). The
financial estimate committee may begin preparation of the estimates and
statement on the date that a petition is accepted for verification of
signatures under ORS 250.105 or the date that a measure referred by the
Legislative Assembly is filed with the Secretary of State, whichever is
applicable.
(2) Not later than the 95th day before the election, the Secretary
of State shall hold a hearing in Salem upon reasonable statewide notice
to receive suggested changes to the estimates or statement or to receive
other 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 a revised statement with the Secretary of
State not later than the 90th day before the election.
(4) Except as provided in subsection (5) of this section, the
original estimates and statement and any revised estimates or statement
shall be approved by a majority of the members of the financial estimate
committee. If a member does not concur, the estimates or statement shall
show only that the member dissents. The Secretary of State shall certify
final estimates and a final statement not later than the 90th day before
the election at which the measure is to be voted upon. All estimates and
statements prepared under ORS 250.125 and this section shall be made
available to the public.
(5) If a majority of the members of the financial estimate
committee do not approve the estimates or statement, the Secretary of
State alone shall prepare, file and certify the estimates or statement
not later than the 88th day before the election at which the measure is
to be voted upon with the data upon which the estimates or statement is
based.
(6) The support or opposition of any member of the financial
estimate committee to the original or revised estimates or statement
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 statement.
(7) A failure to prepare, file or certify estimates or a statement
under ORS 250.125, this section or ORS 250.131 does not prevent the
inclusion of the measure in the voters’ pamphlet or placement of the
measure on the ballot.
(8) If the estimates are not delivered to the county clerk by the
61st day before the election, the county clerk may proceed with the
printing of ballots. The county clerk is not required to reprint ballots
to include the estimates or to provide supplemental 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](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] 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]COUNTY MEASURES(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](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 individuals signed the sheet in
the presence of the circulator and that the circulator believes each
individual is an elector registered in the county.
(7) If the gathering of signatures exceeds the period of one year
from the time the petition is approved for circulation, any of the chief
petitioners, on or before each anniversary of approval of the petition
for circulation, shall file with the county clerk a statement that the
initiative petition is still active.
(8) Not later than 30 days before the date that the chief
petitioners must file a statement under subsection (7) of this section,
the county clerk shall notify the chief petitioners in writing of the
requirements of subsection (7) of this section. The notice shall be sent
by certified mail, return receipt requested.
(9) A county clerk may not accept for filing any petition which has
not met the provisions of subsection (7) of this section.
(10) The person obtaining signatures on the petition shall carry at
least one full and correct copy of the measure to be initiated or
referred and shall allow any person to 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](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](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 two copies 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 two copies of it to the district attorney if
the measure to be initiated has been determined to be in compliance with
section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon
Constitution, as provided in ORS 250.168.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, and notwithstanding ORS 203.145 (3),
the district attorney shall prepare a ballot title for the county measure
to be initiated or referred and return one copy of the prospective
petition and the ballot title to the county clerk. Unless the circuit
court certifies a different title, this ballot title shall be the title
printed on the ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) 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. [1979 c.190 §155; 1983 c.567 §12; 1985 c.808 §26; 1987 c.707 §8;
1991 c.719 §21; 2005 c.797 §41](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 two copies to the district attorney. Not later than the fifth
business day after receiving the copies the district attorney shall
provide a ballot title for the measure and send a copy of it to the
county governing body and the county clerk. [1979 c.190 §156; 1983 c.15
§3; 1985 c.808 §27](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](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](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] 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] 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 MEASURESORS 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](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 individuals signed the sheet in
the presence of the circulator and that the circulator believes each
individual is an elector registered in the city.
(7) If the gathering of signatures exceeds the period of one year
from the time the petition is approved for circulation, any of the chief
petitioners, on or before the anniversary of approval of the petition for
circulation:
(a) Shall file annually, with the city elections officer, a
statement that the initiative petition is still active; and
(b) May submit to the city elections officer for verification any
signatures gathered on the petition in the preceding year.
(8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under subsection
(7) of this section, the city elections officer shall notify the chief
petitioners in writing of the requirements of subsection (7) of this
section. The notice shall be sent by certified mail, return receipt
requested.
(9) A city elections officer shall not accept for filing any
petition which has not met the provisions of subsection (7) of this
section.
(10) The person obtaining signatures on the petition shall carry at
least one full and correct copy of the measure to be initiated or
referred and shall allow any person to 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](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](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 two copies 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 two copies of it to the city
attorney if the measure to be initiated has been determined to be in
compliance with section 1 (2)(d) and (5), Article IV of the Oregon
Constitution, as provided in ORS 250.270.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, the city attorney shall provide a
ballot title for the city measure to be initiated or referred and return
one copy of the prospective petition and the ballot title to the city
elections officer. Unless the circuit court certifies a different title,
this ballot title shall be the title printed on the ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) 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. [1979 c.190 §164; 1985 c.808 §28; 1987 c.707 §9a; 1991 c.719
§22; 2005 c.797 §43](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 two copies to the city attorney. Not later than the
fifth business day after receiving the copies the city attorney shall
provide a ballot title for the measure, and send a copy of it to the city
governing body and the city elections officer. [1979 c.190 §165; 1985
c.808 §29](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] (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](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] (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] 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] 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 measure was filed with
the city elections officer. [1989 c.503 §35]
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