Bill Text: OR HB2430 | 2011 | Regular Session | Introduced


Bill Title: Relating to filing for candidacy.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2430 Detail]

Download: Oregon-2011-HB2430-Introduced.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1543

                         House Bill 2430

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Rules)

                             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.

  Modifies time period for candidate to file nominating petition
or declaration of candidacy.

                        A BILL FOR AN ACT
Relating to filing for candidacy; creating new provisions; and
  amending ORS 249.037, 249.200 and 249.205.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 249.037 is amended to read:
  249.037. (1) A nominating petition or declaration of candidacy
shall be filed not sooner than the 250th day and not later than
the   { - 70th - }  { +  82nd + } day before the date of the
primary election.
  (2) Notwithstanding subsection (1) of this section, a
declaration of candidacy for the office of precinct
committeeperson may not be filed before February 1 immediately
preceding the primary election.
  SECTION 2. ORS 249.200 is amended to read:
  249.200. (1) A major political party may nominate a candidate
to fill a vacancy in a partisan elective office in the following
manner:
  (a) If the vacancy occurs on or before the   { - 70th - }  { +
82nd + } day before a primary election, by selecting a nominee at
the next primary election; or
  (b) If the vacancy occurs after the   { - 70th - }  { +
82nd + } day before the primary election but before the 61st day
before the general election, by selecting a nominee as provided
by party rule.
  (2) The procedure under subsection (1) of this section shall
not apply in any case in which one of the following specific
procedures for filling a vacancy applies:
  (a) The procedure specified in ORS 188.120 for the offices of
Representative in Congress and United States Senator.
  (b) The appointment procedure specified in ORS 171.051 to
171.064 for state legislative office.
  (c) The procedure specified in ORS chapter 236 for county
office.
  (d) The procedure specified in ORS chapter 221 for city office.
  (3) A party that selects a nominee under subsection (1)(b) of
this section, immediately after the nomination, shall notify the
filing officer with whom a declaration of candidacy for the
office is filed of the name of the nominee by the most
expeditious means practicable.
  (4) The Secretary of State by rule may adopt a schedule
specifying the period following a vacancy within which a major
political party that selects a nominee under subsection (1)(b) of
this section must notify the filing officer of the name of the
nominee under subsection (3) of this section.
  SECTION 3. ORS 249.205 is amended to read:
  249.205. (1) If the only candidate nominated to a nonpartisan
office dies, withdraws or becomes ineligible, or if a vacancy
occurs in the nonpartisan office after the   { - 70th - }  { +
82nd + } day before the nominating election and on or before the
62nd day before the general election, a candidate for the office
may file a declaration of candidacy in the manner provided for
nonpartisan office or shall be nominated by nominating petition
in the manner provided for nonpartisan office.
  (2) The Secretary of State by rule may adopt a schedule for
filing nominating petitions or declarations of candidacy under
this section. The schedule may specify the period within which
nominating petitions or declarations of candidacy must be filed
after a vacancy occurs.
  SECTION 4.  { + The amendments to ORS 249.037, 249.200 and
249.205 by sections 1 to 3 of this 2011 Act apply to elections
that occur on or after the effective date of this 2011 Act. + }
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