Bill Text: OR HB2306 | 2013 | Regular Session | Introduced

Oregon House Bill 2306 (Prior Session Legislation)

Bill Title: Relating to nonpartisan offices.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2306 Detail]

Download: Oregon-2013-HB2306-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1911

                         House Bill 2306

Sponsored by Representative READ (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Designates any elective county or city office as nonpartisan.

                        A BILL FOR AN ACT
Relating to nonpartisan offices; creating new provisions;
  amending ORS 236.210, 249.002 and 254.005; and repealing ORS
  236.215 and 236.217.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 249.002 is amended to read:
  249.002. As used in this chapter:
  (1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
  (2) 'County clerk' means the county clerk or the county
official in charge of elections.
  (3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
  (4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court, or any county judge who
exercises judicial functions.
  (5) 'Member' means an individual who is registered as being
affiliated with the political party.
  (6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
  (7) 'Nonpartisan office' means the office of judge,
Commissioner of the Bureau of Labor and Industries, any elected
office of a metropolitan service district under ORS chapter 268,
justice of the peace,   { - county clerk, county assessor, county
surveyor, county treasurer, - }  sheriff, district attorney { + ,
any elected office of a county or city + } or any office
designated nonpartisan by a home rule charter.
  (8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
  (9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
  (10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, judge, state Senator, state Representative or
district attorney.
  SECTION 2. ORS 254.005 is amended to read:
  254.005. As used in this chapter:
  (1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
  (2) 'Chief elections officer' means the:
  (a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
  (b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
  (c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
  (3) 'County clerk' means the county clerk or the county
official in charge of elections.
  (4) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
  (5) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
  (6) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
  (a) A proposed law.
  (b) An Act or part of an Act of the Legislative Assembly.
  (c) A revision of or amendment to the Oregon Constitution.
  (d) Local, special or municipal legislation.
  (e) A proposition or question.
  (7) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
  (8) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court, Commissioner of the Bureau of Labor and Industries, any
elected office of a metropolitan service district under ORS
chapter 268, justice of the peace,   { - county clerk, county
assessor, county surveyor, county treasurer, county judge who
exercises judicial functions, - }  sheriff, district
attorney { + , any elected office of a county or city + } or any
office designated nonpartisan by a home rule charter.
  (9) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
  (10) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
  (11) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked ballots.
  (12) 'Voting machine' means any device that will record every
vote cast on candidates and measures and that will either
internally or externally total all votes cast on that device.
  SECTION 3. ORS 236.210 is amended to read:
  236.210. (1) When there is a vacancy in any elective county
office other than the office of county judge or county
commissioner, the county court or board of county commissioners
shall appoint a person to perform the duties of the office until
the vacancy is filled by election.
  (2) Except as provided in subsection (3) of this section, when
a vacancy occurs in the   { - nonpartisan - }  office of county
judge who does not exercise judicial functions or county
commissioner, the remaining members of the county court or board
of county commissioners shall appoint a person to perform the
duties of the office until the vacancy is filled by election.
  (3) When a vacancy occurs in the office of county judge who
exercises judicial functions, the Governor shall fill the vacancy
by appointment as provided in section 16, Article V of the Oregon
Constitution.
  (4) Before a person appointed under subsection (1) or (2) of
this section takes office, the person shall qualify in the same
manner as required by law of the officer in whose place the
person is appointed.
  SECTION 4.  { + ORS 236.215 and 236.217 are repealed. + }
  SECTION 5.  { + The amendments to ORS 236.210, 249.002 and
254.005 by sections 1 to 3 of 2013 Act and the repeal of ORS
236.215 and 236.217 by section 4 of this 2013 Act apply to
nominations for and appointments and elections to an elective
county or city office occurring on or after the effective date of
this 2013 Act. + }
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