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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 23 ELECTIONS
Chapter : Chapter 255 Special District Elections
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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) "District board" means the governing body of a district.
(3) "District election" means any election authorized or required
to be held by a district.
(4) "District elections authority" means the county court or board
of county commissioners, district board or other body or officer
authorized or required to call a district election.
(5) "Elections officer" means the:
(a) County clerk of the county in which the administrative office
of the district is located regarding a measure, or a candidate for an
office, to be voted on in a district located in more than one county.
(b) County clerk regarding a measure, or a candidate for an office,
to be voted on in a district situated wholly within the county.
(6) "Elector" means an individual qualified to vote under section
2, Article II, Oregon Constitution.
(7) "Measure" includes any of the following submitted to the people
for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(8) "Regular district election" means the election held each year
for the purpose of electing members of any district board as defined in
subsection (2) of this section.
(9) "School district" means a common school district, a union high
school district, an education service district or a community college
district. [Formerly 259.010; 1983 c.392 §6; 1985 c.808 §39; 1987 c.707
§20] As used in this chapter, "district"
means:
(1) A domestic water supply district organized under ORS chapter
264.
(2) A cemetery maintenance district organized under ORS chapter 265.
(3) A park and recreation district organized under ORS chapter 266.
(4) A mass transit district organized under ORS 267.010 to 267.390.
(5) A transportation district organized under ORS 267.510 to
267.650.
(6) A metropolitan service district organized under ORS chapter 268.
(7) A translator district organized under ORS 354.605 to 354.715.
(8) A library district organized under ORS 357.216 to 357.286.
(9) A county road district organized under ORS 371.055 to 371.110.
(10) A special road district organized under ORS 371.305 to 371.360.
(11) A road assessment district organized under ORS 371.405 to
371.535.
(12) A highway lighting district organized under ORS chapter 372.
(13) A health district organized under ORS 440.305 to 440.410.
(14) A sanitary district organized under ORS 450.005 to 450.245.
(15) A sanitary authority, water authority or joint water and
sanitary authority organized under ORS 450.600 to 450.989.
(16) A county service district organized under ORS chapter 451.
(17) A vector control district organized under ORS 452.020 to
452.170.
(18) A rural fire protection district organized under ORS chapter
478.
(19) An airport district organized under ORS chapter 838.
(20) A geothermal heating district organized under ORS chapter 523.
(21) A water improvement district organized under ORS chapter 552.
(22) A water control district organized under ORS chapter 553.
(23) A weather modification district organized under ORS 558.200 to
558.440.
(24) A livestock district organized under ORS 607.005 to 607.051.
(25) A port organized under ORS 777.005 to 777.725 and 777.915 to
777.953.
(26) The Port of Portland established by ORS 778.010.
(27) A school district.
(28) Territory, other than territory within a city, proposed to be
created, formed or incorporated into a district or to be annexed or
otherwise added to a district.
(29) A soil and water conservation district organized under ORS
568.210 to 568.810 and 568.900 to 568.933. [Formerly 259.020; 1981 c.226
§16; 1983 c.238 §1; 1983 c.350 §70; 1993 c.577 §18](1) Except as otherwise specifically provided in
this section or by the law under which the district is formed or is
operating, a district election shall be conducted in accordance with this
chapter.
(2) Except as otherwise provided by this chapter, district
elections shall be subject to the election laws, excluding ORS chapter
251 providing for voters' pamphlets unless specifically applicable, and
shall be conducted as nearly as practicable as are general elections.
(3) Except as otherwise provided by the law under which the
district is formed or is operating, candidates for any elected office of
a metropolitan service district organized under ORS chapter 268 shall be
nominated and elected in accordance with ORS chapter 249. [Formerly
259.040; 1995 c.607 §47]In performing functions under this chapter, the elections
officer may request the advice and assistance of the district elections
authority or the officers of the district. Upon receipt of a request, a
district elections authority or the officer of a district shall furnish
advice and assistance to the maximum extent practicable. [Formerly
259.160] If the boundary of a
district is changed, the district board immediately shall send a
certified copy of the order, resolution or other action changing the
boundary to the elections officer. [1979 c.190 §285]The elections officer may
delegate to the district elections authority at the request of the
district elections authority any responsibility to conduct the district
election, in whole or in part, except the designation of polling places,
if the elections officer determines that:
(1) The election will be conducted in accordance with this chapter;
(2) The polling places designated by the elections officer for the
election will be the only polling places used by the district for that
election; and
(3) No inconvenience for electors of the district will result.
[Formerly 259.035]Unless specifically provided otherwise, when the district
elections authority of a district that holds regular district elections
refers a measure to the electors of the district, the election on the
measure shall be held on a district election date specified by the
district elections authority in the order calling the election. The
election date may not be sooner than the first available election date in
ORS 255.345 (1) for which the filing deadline can be met after the date
of the order calling the election and may not be later than the next
regular district election following the 61st day after the date of the
order. [1983 c.350 §72; 1985 c.808 §40; 1989 c.923 §13](1) Not later than the 115th day
before a regular district election, or not later than the 135th day
before a district election held on the date of a primary election or
general election, the elections officer shall deliver to each district
elections authority, by certified mail, a form for updating information
on members of district boards. The form shall include, at a minimum, the
district offices to be filled or for which candidates are to be nominated
or elected at the next district election and information concerning the
candidates.
(2) Not later than the 105th day before a regular district election
or not later than the 125th day before a district election held on the
date of a primary election or general election, the district elections
authority shall return to the elections officer the form for updating
information on members of district boards.
(3) The elections officer shall prepare the notice required by ORS
255.075 by using the form completed by the district elections authority
and any other information available. If the form is not returned by the
district elections authority by the deadline specified in subsection (2)
of this section, the elections officer shall prepare the notice for the
district using the most current information available. If the form is
returned by the district elections authority after the deadline, the
elections officer shall prepare a corrected notice. The district shall be
liable for any additional costs incurred in preparing and publishing a
corrected notice.
(4) The elections officer shall retain the completed forms in a
file maintained for that purpose. All forms shall be kept for a period of
at least four years after the district election for which the form was
completed.
(5) If a district is located in more than one county, the elections
officer shall immediately certify the information contained on the form
required under subsection (2) of this section to the county clerk of any
other county in which the district is located.
(6) The Secretary of State by rule shall establish the forms and
procedures the elections officer and the district elections authority
shall use in maintaining adequate records for preparation of the form
required under subsection (1) of this section. [1991 c.719 §58; 1995
c.712 §69](1) When
a district election is to be held for the purpose of electing members of
the district board, the elections officer shall publish a notice stating
the date of the election, the board positions to be voted upon and the
latest date on which candidates for election as board members may file
petitions for nomination or declarations of candidacy. The notice shall
be printed once in a newspaper of general circulation in the district not
later than the 40th day before the last day for filing a petition for
nomination or declaration of candidacy.
(2) In lieu of or in addition to publication of notice under
subsection (1) of this section, the elections officer may give notice by
mail to each elector of the district. The notice shall have postage
prepaid and shall be considered given when mailed. The notice shall be
made not later than the 40th day before the last day for filing a
petition for nomination or declaration of candidacy. Proof of mailing
shall be by affidavit of the district elections officer who mailed the
notice. The affidavit shall state the time and place the notice was
mailed.
(3) The Secretary of State by rule shall establish the procedures
that the elections officer shall follow in maintaining adequate records
for preparation of the notice required under subsection (1) of this
section. [Formerly 259.080; 1981 c.639 §6; 1983 c.379 §1; 1985 c.808 §41]
(1) Not later than the 61st day before a district election
on a measure, the district elections authority shall deliver to the
elections officer a notice stating the date of the election and a ballot
title. The district elections authority shall prepare the ballot title
for a measure referred by the authority with the assistance of the
district attorney for the county of the elections officer or an attorney
employed by the district elections authority.
(2) If a district submits a measure to the electors of the district
at an election held on the first Tuesday after the first Monday in
November and the district submitted a measure on the election date in ORS
255.345 (1) immediately preceding the date of an election held on the
first Tuesday after the first Monday in November, the district elections
authority shall file the measure for the election held on the first
Tuesday after the first Monday in November with the elections officer not
later than the 47th day before an election held on the first Tuesday
after the first Monday in November.
(3) A notice of election called to approve the issuance of bonds
shall include:
(a) The purpose for which the bonds are to be used;
(b) The amount and the term of the bonds;
(c) The kind of bonds proposed to be issued; and
(d) If the bond election is authorized by ORS 450.900, the
additional notice requirements in ORS 450.905.
(4)(a) In the case of a measure submitted by initiative or
referendum petition, the elections officer shall publish the notice in
the next available edition of a newspaper of general circulation in the
district after the deadline for filing the notice.
(b) In the case of a measure referred by the district elections
authority, the elections officer shall publish the notice of election in
the next available edition of a newspaper of general circulation in the
district after the notice of election is filed. The notice shall also
state that an elector may file a petition for review of the ballot title
not later than the date referred to in ORS 255.155. If the circuit court
certifies a different ballot title, the elections officer shall publish
an amended notice of election in the next available edition of the
newspaper referred to in this subsection after the new title is certified
to the elections officer. [Formerly 259.090; 1981 c.173 §32; 1981 c.391
§11; 1983 c.379 §2; 1985 c.808 §42; 1987 c.707 §23; 1989 c.923 §14; 1991
c.71 §10; 1991 c.107 §12; 1993 c.493 §46; 1993 c.713 §59; 1995 c.712 §120]If the election is conducted
at polling places:
(1) Notice of any district election shall be published once in a
newspaper of general circulation in the district.
(2) Not later than the day of the election nor sooner than the 15th
day before the election, the elections officer shall publish a facsimile,
except as to size, of the sample ballot, a list of the polling places and
the hours the polls are to be open. The information shall be published
once in the newspaper in which the notice was published under subsection
(1) of this section, at the current published local display advertising
rate.
(3) The Secretary of State by rule may establish the procedure for
preparing election notices for publication in a newspaper. [Formerly
259.100; 1983 c.379 §3; 1999 c.410 §64]INITIATIVE AND REFERENDUM As used in ORS
255.125 to 255.205, "district" means a district referred to in subsection
(5) of section 1, Article IV, Oregon Constitution. [1979 c.190 §290](1) Before circulating a petition to
initiate or refer a district measure, the petitioner shall file with the
elections officer a prospective petition. The elections officer
immediately shall date and time stamp the prospective petition, and
specify the form on which the petition shall be printed for circulation.
The officer shall retain the prospective petition.
(2) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three persons
as chief petitioners and shall contain instructions for persons obtaining
signatures of electors on the petition. The instructions shall be adopted
by the Secretary of State by rule. The cover of a referendum petition
shall contain the title described in ORS 255.145 (1). If the circuit
court has not reviewed the ballot title under ORS 255.155, the cover of
an initiative petition shall contain the ballot title described in ORS
255.145 (3). If the circuit court has reviewed the ballot title, the
cover of the initiative petition shall contain the title certified by the
court.
(3) The chief petitioners shall include with the prospective
petition a statement declaring whether one or more persons will be paid
money or other valuable consideration for obtaining signatures of
electors on the initiative or referendum petition. After the prospective
petition is filed, the chief petitioners shall notify the filing officer
not later than the 10th day after any of the chief petitioners first has
knowledge or should have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no such
person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that one or
more such persons would be paid.
(4)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures on a
referendum petition shall contain the number of the ordinance to be
referred and the date it was adopted by the district board.
(b) Each sheet of signatures on an initiative or referendum
petition shall, if one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating: "Some
Circulators For This Petition Are Being Paid."
(5) The reverse side of the cover of an initiative or referendum
petition shall be used for obtaining signatures on an initiative or
referendum petition.
(6) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The circulator shall
certify on each signature sheet that the individuals signed the sheet in
the presence of the circulator and that the circulator believes each
individual is an elector registered in the district.
(7) If the gathering of signatures exceeds the period of one year
from the time the 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 elections officer a statement that
the initiative petition is still active; and
(b) May submit to the elections officer for verification any
signatures gathered on the petition in the preceding year.
(8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under subsection
(7) of this section, the elections officer shall notify the chief
petitioners in writing of the requirements of subsection (7) of this
section. The notice shall be sent by certified mail, return receipt
requested.
(9) The elections officer shall not accept for filing any petition
which has not met the provisions of subsection (7) of this section.
(10) The person obtaining signatures on the petition shall carry at
least one full and correct copy of the measure to be initiated or
referred and shall allow any person to review a copy upon request of the
person. [1979 c.190 §292; 1981 c.909 §8; 1983 c.756 §12; 1991 c.106 §3;
1992 c.1 §4; 1995 c.607 §48; 1997 c.846 §4; 1999 c.318 §30; 2001 c.965 §7](1) Not later than the fifth business day after receiving
a prospective petition for an initiative measure, the elections officer
shall determine in writing whether the initiative measure meets the
requirements of section 1 (2)(d) and (5), Article IV of the Oregon
Constitution.
(2) If the elections officer determines that the initiative measure
meets the requirements of section 1 (2)(d) and (5), Article IV of the
Oregon Constitution, the elections officer shall proceed as required in
ORS 255.145. The elections officer shall include in the publication
required under ORS 255.145 (5) a statement that the initiative measure
has been determined to meet the requirements of section 1 (2)(d) and (5),
Article IV of the Oregon Constitution.
(3) If the elections officer determines that the initiative measure
does not meet the requirements of section 1 (2)(d) and (5), Article IV of
the Oregon Constitution, the elections officer shall immediately notify
the petitioner, in writing by certified mail, return receipt requested,
of the determination.
(4) Any elector dissatisfied with a determination of the elections
officer under subsection (1) of this section may petition the circuit
court of the judicial district in which the administrative office of the
district is located seeking to overturn the determination of the
elections officer. If the elector is dissatisfied with a determination
that the initiative measure meets the requirements of section 1 (2)(d)
and (5), Article IV of the Oregon Constitution, the petition must be
filed not later than the seventh business day after the ballot title is
filed with the elections officer. If the elector is dissatisfied with a
determination that the initiative measure does not meet the requirements
of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the
petition must be filed not later than the seventh business day after the
written determination is made by the elections officer.
(5) The review by the circuit court shall be the first and final
review, and shall be conducted expeditiously to ensure the orderly and
timely circulation of the petition. [1991 c.719 §38; 2005 c.797 §44]
(1) When a prospective petition for a district measure to be referred is
filed with the elections officer, the officer shall authorize the
circulation of the petition containing the title of the measure as
enacted by the district elections authority or, if there is no title, the
title supplied by the petitioner filing the prospective petition. The
elections officer immediately shall send two copies of the prospective
petition to the district attorney of the county in which the
administrative office of the district is located.
(2) Not later than the sixth business day after a prospective
petition for a district measure to be initiated is filed with the
elections officer, the officer shall send two copies of it to the
district attorney of the county in which the administrative office of the
district is located if the measure to be initiated has been determined to
be in compliance with section 1 (2)(d) and (5), Article IV of the Oregon
Constitution, as provided in ORS 255.140.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition, the district attorney shall provide a
ballot title for the district measure to be initiated or referred and
return one copy of the prospective petition and the ballot title to the
elections officer. Unless the circuit court certifies a different title,
this ballot title shall be the title printed on the ballot.
(4) A copy of the ballot title shall be furnished to the chief
petitioner.
(5) The elections officer, upon receiving a ballot title for a
district measure to be referred or initiated from the district attorney,
shall publish in the next available edition of a newspaper of general
circulation in the district a notice of receipt of the ballot title
including notice that an elector may file a petition for review of the
ballot title not later than the date referred to in ORS 255.155. [1979
c.190 §293; 1985 c.808 §43; 1987 c.707 §20a; 1991 c.719 §29; 1995 c.607
§49; 2005 c.797 §45](1) Any elector dissatisfied with a ballot title filed with the
elections officer by the district attorney or district elections
authority may petition the circuit court of the judicial district in
which the administrative office of the district is located seeking a
different title and stating the reasons the title filed with the court is
insufficient, not concise or unfair. The petition shall name as
respondent the district attorney or district elections authority,
depending on who prepared the ballot title, and must be filed not later
than the seventh business day after the title is filed with the elections
officer. The court shall review the title and measure to be initiated or
referred, hear arguments, if any, and certify to the elections officer a
title for the measure which meets the requirements of ORS 250.035.
(2) An elector filing a petition under this section shall notify
the county clerk in writing that the petition has been filed. The notice
shall be given not later than 5 p.m. on the next business day following
the day the petition is filed.
(3) The review by the circuit court shall be the first and final
review, and shall be conducted expeditiously to insure the orderly and
timely circulation of petitions or conduct of the election at which the
measure is to be submitted to the electors. [1979 c.190 §294; 1983 c.514
§13a; 1987 c.707 §21; 1989 c.503 §16; 1993 c.493 §99; 1995 c.534 §5] (1) Except for a district measure
of the Port of Portland, a metropolitan service district organized under
ORS chapter 268, a school district with an enrollment exceeding 40,000
pupils or a mass transit district situated in a standard metropolitan
statistical area with a population exceeding 400,000, other than a mass
transit district measure relating to a route, schedule or fare change, a
petition to refer or initiate a district measure must be signed by a
number of electors registered in the district that:
(a) For an initiative petition, is not less than 15 percent of the
total number of votes cast in the district for all candidates for
Governor at the most recent election at which a candidate for Governor
was elected to a full term; and
(b) For a referendum petition, is not less than 10 percent of the
total number of votes cast in the district for all candidates for
Governor at the most recent election at which a candidate for Governor
was elected to a full term.
(2) A petition to refer or initiate a district measure of the Port
of Portland, a metropolitan service district organized under ORS chapter
268, a school district with an enrollment exceeding 40,000 pupils or a
mass transit district situated in a standard metropolitan statistical
area with a population exceeding 400,000, other than a mass transit
district measure relating to a route, schedule or fare change, must be
signed by a number of electors registered in the district that:
(a) For an initiative petition, is not less than six percent of the
total number of votes cast in the district for all candidates for
Governor at the most recent election at which a candidate for Governor
was elected to a full term; and
(b) For a referendum petition, is not less than four percent of the
total number of votes cast in the district for all candidates for
Governor at the most recent election at which a candidate for Governor
was elected to a full term.
(3) Except for a district measure of the Port of Portland, a
metropolitan service district organized under ORS chapter 268, a school
district with an enrollment exceeding 40,000 pupils or a mass transit
district situated in a standard metropolitan statistical area with a
population exceeding 400,000, other than a mass transit district measure
relating to a route, schedule or fare change, a petition to refer a
district measure must be filed with the elections officer not later than
the 30th day after adoption of the district ordinance sought to be
referred.
(4) A petition to refer a district measure of the Port of Portland,
a metropolitan service district organized under ORS chapter 268, a school
district with an enrollment exceeding 40,000 pupils or a mass transit
district situated in a standard metropolitan statistical area with a
population exceeding 400,000, other than a mass transit district measure
relating to a route, schedule or fare change, must be filed with the
elections officer not later than the 90th day after adoption of the
district ordinance sought to be referred. [1979 c.190 §295; 1983 c.350
§75; 1987 c.211 §1; 1989 c.328 §1](1) An initiative or referendum petition relating to a
district measure shall be filed with the elections officer for signature
verification. The filed petition shall contain only original signatures.
(2) An initiative or referendum petition relating to a district
measure shall not be accepted for filing if it contains less than 100
percent of the required number of signatures.
(3) For any petition requiring a number of signatures exceeding
4,500, the Secretary of State by rule shall designate a statistical
sampling technique to verify whether a petition contains the required
number of signatures of electors. A petition may not be rejected for the
reason that it contains less than the required number of signatures
unless two separate sampling processes both establish that the petition
lacks the required number of signatures. The second sampling must contain
a larger number of signatures than the first sampling.
(4) The Secretary of State may employ professional assistance to
determine the sampling technique referred to in subsection (3) of this
section. [1979 c.190 §296; 1989 c.68 §9; 1991 c.580 §1](1) In a district that holds regular district elections, if an
initiative or referendum petition contains the required number of
verified signatures, the election on the district measure shall be held
on a district election date specified by the district elections authority
in the order calling the election. The election date may not be sooner
than the next available date in ORS 255.345 for which the filing deadline
may be met and may not be later than the first regular district election
following the 40th day after the date of the order.
(2) In a district that does not hold regular district elections, if
an initiative or referendum petition contains the required number of
verified signatures, the election on the district measure shall be held
on the next available district election date in ORS 255.345 for which the
filing deadline may be met. [1979 c.190 §297; 1983 c.350 §76; 1985 c.808
§44; 1991 c.107 §13] The elections officer
shall retain the signature sheets of a filed initiative or referendum
petition with a copy of the district measure. If the measure is approved
by the district electors, a copy of the measure shall be preserved as a
permanent public record, and the signature sheets shall be preserved for
six years. [1979 c.190 §299]In lieu of or in addition to publication of notice under ORS
255.085 and 255.095, if it is expedient to do so the elections officer
may give notice by mail to each elector of the district. The notice shall
have postage prepaid, and shall be considered given when mailed. Mailed
notice of a district election under ORS 255.085 shall be made not later
than three days after receipt of the ballot title. Proof of mailing shall
be by affidavit of the elections officer. The affidavit shall state the
time and place the notice was mailed. [Formerly 259.110; 1981 c.173 §33;
1981 c.639 §7; 1985 c.808 §45; 1991 c.107 §14]NOMINATIONS(1) A candidate for election as a member of a district board
shall be nominated by filing with the elections officer either:
(a) A petition for nomination signed by at least 25 electors, or 10
percent of the electors, residing in the election district for the
office, whichever number is less; or
(b) A declaration of candidacy accompanied by a filing fee of $10.
(2) A petition for nomination or a declaration of candidacy shall
be filed with the elections officer not sooner than the 40th day before
the deadline specified in paragraph (a) or (b) of this subsection and:
(a) Not later than the 61st day before the date of the district
election if the election is a regular district election or the first
election at which members of the district board are elected.
(b) Not later than the 70th day before the date of the district
election if the election is held on the date of a primary election or
general election.
(3) A nominating petition or declaration of candidacy shall contain
the information specified in ORS 249.031.
(4) In a district in which a position or zone number is assigned to
each office on the district board or local school committee, each
petition for nomination or declaration of candidacy for election to the
district board or local school committee shall state the position or zone
number of the office to which the candidate seeks election.
(5) The provisions of ORS 249.009 (1)(b) and 249.061 shall not
apply to nominating petitions filed under this section.
(6) A nominee for election to the district board may withdraw the
nomination not later than 5 p.m. of the last day specified for filing a
petition or declaration under this section by filing with the elections
officer a written withdrawal of candidacy. The withdrawal shall be signed
by the nominee and state the reasons for withdrawal. [Formerly 259.070;
1981 c.173 §34; 1983 c.350 §77; 1983 c.567 §17; 1985 c.808 §46; 1989
c.503 §17; 1989 c.923 §15; 1991 c.107 §15; 1995 c.607 §50; 1995 c.712 §70]If a vacancy occurs in the office of district board
member after the deadline for notice in ORS 255.069 (2) and on or before
the 62nd day before the regular district election, the Secretary of State
by rule shall provide a nominating schedule when practicable so that
candidates' names may be printed on the regular election ballot. With
regard to this vacancy, requirements of publication of notice and sample
ballots may be waived. The rule shall require notice of the vacancy and
nominating procedure to the district electors by the most reasonable and
expeditious means practicable under the circumstances, including but not
limited to single publication in a newspaper of general circulation in
the district. [Formerly 259.075; 1999 c.410 §65]CONDUCT OF ELECTIONS The county clerk,
when practical, shall use the same election notices, election boards,
polling places, official and sample ballots, poll books, equipment and
materials necessary for the conduct of the elections. [Formerly 259.220] The county clerk may
combine precincts for any district election not later than the 30th day
before the election. [Formerly 259.120; 1985 c.471 §12]At any election in which the question of
establishing or changing the exterior boundaries of a district or the
question of establishing or changing boundaries of electoral zones or
subdistricts within a district is submitted to a vote, the elections
officer shall provide a map indicating the proposed boundaries. The
elections officer shall provide the map by:
(1) Posting the map in each voting compartment or by each shelf or
table, within view of the elector;
(2) Printing the map in any voters' pamphlet prepared for the
district election and making the voters' pamphlet available at each
polling place; or
(3) Mailing the map with the ballot in an election conducted by
mail if the county does not produce a voters' pamphlet for the election.
[1983 c.350 §74; 1993 c.493 §47] In a
district in which a position or zone number is assigned to each office on
the district board, the ballot shall state the position or zone number of
the office to which the candidate seeks election. The candidate's name
shall appear on the ballot only for the designated position or zone.
[1983 c.350 §79] (1) Not later
than the 20th day after the date of an election, the county clerk shall
prepare an abstract of the votes and deliver it to the district elections
authority. Not later than the 30th day after receiving the abstract the
district elections authority shall determine from it the result of the
election.
(2) Subject to ORS 254.548, the county clerk may issue a
certificate of election only after the district elections authority has
notified the county clerk in writing of the result of the election. The
notification to the county clerk shall contain a statement indicating
whether any candidate elected to district office is qualified to hold the
office. [Formerly 259.200; 1989 c.221 §1; 1993 c.493 §102; 1995 c.712
§72; 1999 c.318 §50; 1999 c.999 §57; 2005 c.157 §5](1) Except as otherwise provided by ORS
198.775, 261.210, 568.542 and 607.025, the expenses incurred for a
district election shall be paid by that district.
(2) When two or more districts hold an election on the same day,
the expenses of the election shall be equitably apportioned among the
districts.
(3) The Secretary of State by rule:
(a) May designate a formula for the apportionment of expenses under
subsection (2) of this section; and
(b) Designate categories of election expenses that are chargeable
to a district. [Formerly 259.230; 1983 c.514 §14; 1995 c.243 §3]ELECTION DATESThe
Secretary of State by rule shall require the districts that are not in
compliance with ORS 255.335 to so comply. For this purpose, the rule may
require adjusting or staggering terms of board members. [Formerly
259.235; 1981 c.173 §36](1) The regular district election shall be held
by each district for the purpose of electing members of the district
board to succeed a member whose term expires the following June 30 and to
elect members to fill any vacancy which then may exist. The election
shall be held in each such district in each odd-numbered year on the
third Tuesday in May.
(2) A district shall not conduct more than one election of board
members in any year.
(3) The first regular district election in a district shall be held
on the regular district election date next following the year in which
the first members of the district board were elected or appointed.
(4) The term of a board member elected at the regular district
election shall commence on the first day of July next following the
election and shall expire June 30 next following the regular district
election at which a successor is elected.
(5) Each district board shall hold a regular organizational meeting
following the regular district election and not later than the last day
of July of that year. [Formerly 259.240; 1981 c.639 §8; 1983 c.350 §80;
1983 c.379 §4; 1989 c.923 §16; 1995 c.258 §1; 1995 c.712 §115a; 2001 c.73
§1] (1) Except as provided in
subsection (2) of this section, a special election called by a district
elections authority shall not be held on any date other than:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The third Tuesday in September; or
(d) The first Tuesday after the first Monday in November.
(2) A special election may be held on a date other than that
provided in subsection (1) of this section, if the district elections
authority by resolution finds that an election sooner than the next
available election date is required on a measure to finance repairs to
property damaged by fire, vandalism or a natural disaster.
(3) As used in this section, "district elections authority" means
the body or officer authorized or required to call an election for a
public corporation formed under, and deriving its powers solely from, the
statutes of this state, but does not include a city or county. [Formerly
259.260; 1981 c.639 §9; 1989 c.923 §17; 1991 c.71 §4; 1993 c.713 §53;
1995 c.607 §51; 1995 c.712 §116]
_______________CHAPTERS 256 AND 257[Reserved for expansion]
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