Bill Text: OR HB2738 | 2013 | Regular Session | Introduced
Bill Title: Relating to precinct committeepersons.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2738 Detail]
Download: Oregon-2013-HB2738-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 1716
House Bill 2738
Sponsored by Representative HOLVEY
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.
Changes name of office of 'precinct committeeperson' to '
precinct representative.' Modifies manner in which precinct
representatives may be elected.
A BILL FOR AN ACT
Relating to precinct committeepersons; creating new provisions;
and amending ORS 248.007, 248.015, 248.017, 248.023, 248.024,
248.026, 248.027, 248.029, 248.031, 248.033, 248.035, 248.043,
248.045, 249.013, 249.031, 249.035, 249.037, 249.056, 251.026,
253.055, 254.056, 254.115 and 260.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 248. + }
SECTION 2. { + (1) If the number of candidates filing a
declaration of candidacy described in ORS 249.031 for the office
of precinct representative exceeds the number of positions for
precinct representative in the precinct for which those
candidates are qualified, the county clerk shall place the names
of those candidates on the ballot for that precinct, including
space for write-in votes, at the primary election.
(2) In each precinct, precinct representatives may not be
elected at the primary election and the county clerk may not
place the name of a candidate for the office of precinct
representative on the ballot at the primary election unless the
number of candidates filing a declaration of candidacy described
in ORS 249.031 for the office of precinct representative exceeds
the number of positions for precinct representative in the
precinct for which those candidates are qualified.
(3) If the number of candidates filing a declaration of
candidacy described in ORS 249.031 for the office of precinct
representative is less than or equal to the number of positions
for precinct representative in the precinct for which those
candidates are qualified, the county clerk, not later than 10
days after the deadline for filing a declaration of candidacy,
shall declare each qualified candidate elected.
(4) For purposes of this section and ORS chapters 246 to 260, a
candidate declared elected under this section shall be considered
a candidate elected at the primary election.
(5) A position for precinct representative for which a
qualified candidate did not file a declaration of candidacy
described in ORS 249.031 is considered vacant. + }
SECTION 3. ORS 248.007 is amended to read:
248.007. (1) Subject to ORS 248.005, a major political party
may organize and select delegates to national party conventions
in any manner.
(2) The provisions of ORS 248.012 to 248.315 do not apply to a
major political party if the party has notified the Secretary of
State as provided in subsection (5) of this section that the
party does not intend to be subject to the provisions of ORS
248.012 to 248.315. References to precinct
{ - committeepersons - } { + representatives + } in any
provisions of ORS chapters 246 to 260 do not apply to a party
described in this subsection.
(3) ORS 248.012 to 248.315 apply only to a major political
party that has notified the Secretary of State as provided in
subsection (5) of this section that the political party intends
to be subject to the provisions of ORS 248.012 to 248.315.
References to precinct { - committeepersons - }
{ + representatives + } in any provisions of ORS chapters 246 to
260 shall apply to a party described in this subsection. If a
major political party fails to notify the Secretary of State
under this subsection, the party shall be considered subject to
the provisions of ORS 248.012 to 248.315.
(4) A major political party shall notify the Secretary of State
as provided in subsection (5) of this section if the party does
not intend to be subject to the provisions of ORS 248.012 to
248.315 except that the party intends to elect precinct
{ - committeepersons - } { + representatives + }. If a party
notifies the Secretary of State under this subsection, the party
shall elect precinct { - committeepersons - } { +
representatives + } only as provided in ORS 248.015 { + and
section 2 of this 2013 Act + } and shall elect precinct
{ - committeepersons - } { + representatives + } in the same
manner in all precincts in this state.
(5) Not later than the 274th day before the date of the primary
election, a major political party shall notify the Secretary of
State in writing whether or not the party intends to be subject
to the provisions of ORS 248.012 to 248.315 or whether the party
intends to elect precinct { - committeepersons - } { +
representatives + } under subsection (4) of this section. If the
major political party does not intend to be subject to the
provisions of ORS 248.012 to 248.315 or intends to elect precinct
{ - committeepersons - } { + representatives + } under
subsection (4) of this section, the party shall file with the
Secretary of State, at the same time notice is given under this
subsection, a copy of its organizational documents setting forth
the manner in which its officers and managing committees are
selected or any other manner in which it conducts its affairs.
(6) In each even-numbered year, a major political party shall
file with the Secretary of State a statement indicating that the
party is operating subject to ORS 248.012 to 248.315 or a copy of
current organizational documents setting forth the manner in
which its officers and managing committees are selected or any
other manner in which it conducts its affairs. Material described
in this subsection shall be filed on the 274th day before the
third Tuesday in May of each odd-numbered year.
(7) A major political party subject to the provisions of this
section shall nominate candidates of the major political party,
for other than political party office, at the primary election.
SECTION 4. ORS 248.015 is amended to read:
248.015. (1) A precinct { - committeeperson - } { +
representative + } shall be a representative of the major
political party in the precinct. { - At the primary election a
major political party shall elect from its members a
committeeperson of each sex for every 500 - } { + A major
political party shall have a precinct representative for every
250 + } electors, or major fraction thereof, who are registered
in the precinct on January 31 of the year of the primary
election. { - In any event the political party members of a
precinct shall be entitled to elect not less than one
committeeperson of each sex in the precinct. No person shall hold
office as committeeperson - } { + A person may not hold office
as precinct representative + } in more than one precinct. { +
(2) A major political party shall elect precinct
representatives from its members as described in section 2 of
this 2013 Act. + }
{ - (2) - } { + (3) + } A member of a major political party
may become a candidate for precinct { - committeeperson - }
{ + representative + } of the precinct in which the person is
registered, or of a precinct within the same county adjoining
that precinct, by filing a declaration of candidacy described in
ORS 249.031 { - , except as provided in subsection (3) of this
section - } .
{ - (3) ORS 249.031 (1)(i) shall not apply to declarations of
candidacy for candidates for precinct committeeperson. - }
(4) A member of the major political party who has been a member
of that party for 180 days before the primary election may be
elected by write-in votes as precinct { - committeeperson - }
{ + representative + } of the precinct in which the member is
registered, or of a precinct within the same county adjoining
that precinct { + , subject to section 2 of this 2013 Act + }.
(5) { - Unless a qualified person receives at least three
votes, no person shall be deemed to have been elected as precinct
committeeperson and the office of committeeperson shall be
vacant. - } { + A qualified person may be deemed elected as
precinct representative at the primary election only if the
person receives at least three votes, including write-in votes.
If fewer than three votes are received, the office of precinct
representative is vacant. + }
(6) The term of office of a precinct { - committeeperson - }
{ + representative + } is from the 24th day after the date of
the primary election until the 24th day after the date of the
next following primary election.
(7) A precinct { - committeeperson shall not be - } { +
representative is not + } considered a public officer.
SECTION 5. ORS 248.017 is amended to read:
248.017. { + (1) + } Notwithstanding any provision of ORS
248.015, an otherwise qualified person { - who - } { + is
eligible to file a declaration of candidacy for the office of
precinct representative if the person:
(a) + } Will attain the age of 18 years after the deadline for
filing a declaration of candidacy for the office of precinct
{ - committeeperson - } { + representative + } and on or
before the date of the primary election { - , and who - } { + ;
and
(b) + } Is registered as a member of the major political party
not later than the date of the primary election { - , is
eligible to file a nominating petition for the office of precinct
committeeperson, - } { + .
(2) A person described in subsection (1) of this section is
eligible + } to be listed on the ballot and to be elected to the
office, including by write-in votes { + , as described in section
2 of this 2013 Act + }.
SECTION 6. ORS 248.023 is amended to read:
248.023. (1) Not later than the 20th day after a primary
election, the county clerk shall mail a certificate of election
to each { - newly elected - } precinct
{ - committeeperson - } { + representative who was elected at
the primary election + } within the county. The clerk also shall
mail an 'Acceptance of Office' form to each person elected by
write-in votes to the office of { - committeeperson - } { +
precinct representative + }. The form shall include a statement
to be signed by the person elected that the person is qualified
to hold the office.
(2) A person elected by write-in votes to the office of
precinct { - committeeperson - } { + representative + } shall
be certified for the office by filing with the county clerk, not
later than the 27th day after the date of the primary election, a
signed ' Acceptance of Office' form.
(3) Not later than the 31st day after a primary election, the
county clerk shall prepare, maintain and furnish to the
chairpersons of the respective retiring county central committees
within the county and the chairpersons of the state central
committees, a list of the party precinct
{ - committeepersons - } { + representatives + } elected and
certified. At the same time the county clerk shall declare the
other offices of { - committeeperson - } { + precinct
representative + } vacant. { +
(4) Not later than the 31st day after the date of the primary
election, the county clerk shall make available to the public on
the Internet a list of all precinct representatives in the county
elected in the primary election. + }
SECTION 7. ORS 248.024 is amended to read:
248.024. (1) A precinct { - committeeperson - } { +
representative + } may resign from the office by filing a written
notification of resignation with the county clerk. Upon receipt
of this notification, the county clerk shall:
(a) Remove the name of the person from the list of
{ - committeepersons. - } { + precinct representatives; + }
(b) Declare that office vacant { - . - } { + ; and + }
(c) Notify the appropriate county central committee.
(2) When a precinct { - committeeperson - } { +
representative + } ceases to be registered in the precinct in
which the { - committeeperson - } { + representative + } was
elected or a precinct adjoining that precinct within the same
county, changes political party registration or dies, the county
central committee shall notify the county clerk of the fact. Upon
receipt of this notification, if the county clerk determines that
the notification is correct, the clerk shall:
(a) Remove the name of the person from the list of
{ - committeepersons. - } { + precinct representatives;
and + }
(b) Declare that office vacant.
SECTION 8. ORS 248.026 is amended to read:
248.026. (1) The members of a county central committee may
select a member of the major political party who is registered in
the precinct in which the vacancy exists, or registered in a
precinct within the same county adjoining that precinct, to fill
a vacancy in the office of precinct { - committeeperson - }
{ + representative + }.
(2) When a county central committee votes to select a person to
fill a vacancy in the office of precinct
{ - committeeperson - } { + representative + }, the
chairperson of the committee shall give written notice to the
county clerk of the proposed selection. The selection shall take
effect when the county clerk upon timely verification of
eligibility, places the name of the person selected on the list
of { - committeepersons - } { + precinct representatives + }.
The county clerk shall then send written notice of the selection
to the person and the county central committee.
(3) A person selected to fill a vacancy in the office of
precinct { - committeeperson - } { + representative + } may
be removed from office at the pleasure of the central committee,
but, except as provided in subsection (4) of this section,
otherwise shall hold the office for the unexpired term and shall
have the powers, duties and privileges of an elected
{ - committeeperson - } { + precinct representative + }.
(4) A person selected to fill a vacancy in the office of
precinct { - committeeperson - } { + representative + } may
not vote on the election of county central committee officers at
the organizational meeting of the committee as provided in ORS
248.035. A person selected to fill a vacancy in the office of
precinct { - committeeperson - } { + representative + } may
vote to fill any vacancy in a committee office after the
organizational meeting.
SECTION 9. ORS 248.029 is amended to read:
248.029. { - (1) Except as provided in this section, the
provisions for recall of a public officer under ORS 249.002 to
249.013 and 249.865 to 249.877, apply to a recall election of a
precinct committeeperson. - }
{ - (2) A precinct committeeperson may be recalled by a
petition signed by the number of party members equal to not less
than 25 percent of the number of party members who voted in the
precinct as it existed at the preceding primary election. The
petitioners shall state in not more than 200 words on the recall
petition the reasons for the recall. If the committeeperson
resigns, the resignation shall take effect on the date of the
resignation. If the committeeperson does not resign before the
fifth day after the petition is filed with the county clerk, a
special election shall be ordered by the county clerk to be held
not later than the 25th day after the petition is filed to
determine whether the committeeperson will be recalled. The
recall election shall be held in the precinct as it existed when
the committeeperson was elected. On the ballot shall be printed
the reasons for the recall stated in the recall petition, and, in
not more than 200 words, the committeeperson's justification of
the committeeperson's actions in office. The committeeperson
shall continue to perform duties of the office until the result
of the special election is declared. - }
{ - (3) The cost of the election shall be paid by the county
central committee of the party of the committeeperson. - } { +
(1) A major political party may recall precinct representatives
as representatives of the party in the precinct in the manner
provided by the party. A precinct representative may only be
recalled in the manner provided by the party.
(2) In the event of a recall of a precinct representative, the
chairperson of the committee shall notify the county clerk in
writing.
(3) The recall of a precinct representative takes effect on the
date the county clerk receives the written notice under
subsection (2) of this section.
(4) Upon receipt of notice of a recall of a precinct
representative, the county clerk shall immediately notify the
person who has been recalled in writing. The county clerk shall
also send written notice to the county central committee on which
the person served. + }
SECTION 10. ORS 248.035 is amended to read:
248.035. (1) At the organizational meeting of a county central
committee:
(a) The officers of the retiring county central committee shall
make available to the committee the property, records and funds
owned or controlled by the retiring committee.
(b) The committee next shall elect a chairperson, vice
chairperson and other officers the committee considers necessary.
The persons elected to the offices need not be members of the
county central committee. The committee shall determine the term
of each office. Only a { - newly elected - } precinct
{ - committeeperson - } { + representative elected at the most
recent primary election, or a person appointed or selected at
least 60 days prior to the date of the organizational meeting to
fill a vacancy in the office of precinct representative, + } may
vote on the election of committee officers.
(2) The elected chairperson, within 48 hours of the
chairperson's election, shall send a list of the officers of the
committee to the county clerk and to the state central committee.
(3) Only a { - newly elected precinct committeeperson - }
{ + precinct representative elected at the most recent primary
election + } or a person appointed or selected to fill a vacancy
in the office of
{ - committeeperson - } { + precinct representative + } may
vote to fill a vacancy in a committee office. Immediately before
a meeting of the county central committee at which there may be
an election to fill a vacancy in a committee office, the
chairperson shall obtain from the county clerk a list of
committee members. The list shall determine the eligibility of a
{ - committeeperson - } { + precinct representative + } to
vote to fill a vacancy in a committee office. { +
(4) At any time, a major political party may by party rule
require that a county central committee reorganize. + }
SECTION 11. ORS 248.043 is amended to read:
248.043. { + (1) + } If a { - newly elected - } { +
new + } county central committee fails to meet or to organize or
if no person within a county is elected by a major political
party as a precinct
{ - committeeperson - } { + representative at the primary
election + }, the chairperson of the retiring state central
committee shall appoint a temporary chairperson of the county
central committee.
{ + (2) + } The temporary chairperson shall call an
organizational meeting and organize the committee as provided by
applicable provisions of ORS 248.033 and 248.035.
{ + (3) + } A temporary chairperson appointed when no
precinct
{ - committeeperson - } { + representative + } is elected may
appoint members to fill the vacancies in the office of
{ - committeeperson - } { + precinct representative + } for
the precinct in which the persons are registered. A person so
appointed may be removed from office at the pleasure of the
central committee, but otherwise shall hold the office of
{ - committeeperson - } { + precinct representative + } for
the unexpired term and shall have the powers, duties and
privileges of a { - committeeperson - } { + precinct
representative + }.
{ + (4) + } When a person is appointed to the office of
{ - committeeperson pursuant to this subsection - } { +
precinct representative under subsection (3) of this section + },
the temporary chairperson shall notify, in writing, the county
clerk of the appointment. The county clerk shall place the name
of the person appointed on the list of { - committeepersons - }
{ + precinct representatives + }.
SECTION 12. ORS 249.031 is amended to read:
249.031. (1) Except as provided in subsection (2) of this
section, a nominating petition or declaration of candidacy shall
contain:
(a) The name by which the candidate is commonly known. A
candidate may use a nickname in parentheses in connection with
the candidate's full name.
(b) Address information as required by the Secretary of State
by rule.
(c) The office and department or position number, if any, for
which the candidate seeks nomination.
(d) If the candidate is seeking the nomination of a major
political party, the name of the major political party of which
the candidate will have been a member, subject to the exceptions
stated in ORS 249.046, during at least 180 days before the
deadline for filing a nominating petition or declaration of
candidacy.
(e) A statement that the candidate is willing to accept the
nomination or election or, regarding a candidate for precinct
{ - committeeperson - } { + representative + }, that the
candidate accepts the office if elected.
(f) A statement that the candidate will qualify if elected.
(g) If the candidate is seeking the nomination of a major
political party, a statement that the candidate, if not
nominated, will not accept the nomination or endorsement of any
political party other than the one of which the candidate is a
member on the date the petition or declaration is filed.
(h) The signature of the candidate.
(i) A statement of the candidate's occupation, educational and
occupational background and prior governmental experience.
(2) Subsection (1)(i) of this section does not apply to a
candidate for { - election as a - } precinct
{ - committeeperson - } { + representative + }.
(3) A declaration of candidacy shall include a statement that
the required fee is included with the declaration.
(4) If required by the national rules of the major political
party, the declaration of a candidate for election as a precinct
{ - committeeperson - } { + representative + } shall include
the name of the individual the candidate supports for President
of the United States or 'uncommitted' or 'no preference. '
SECTION 13. ORS 251.026 is amended to read:
251.026. (1) The Secretary of State shall prepare and have
printed in the voters' pamphlet for the state primary election,
the general election and any special election described in ORS
251.022 a statement containing { - , if applicable - } :
(a) Requirements for a citizen to qualify as an elector.
(b) When an elector is required to register or update a
registration.
(c) { - In the voters' pamphlet - } For the primary
election, { - a statement of the - } duties and
responsibilities of a precinct
{ - committeeperson to be elected at the primary election - }
{ + representative + }.
(d) Any other information the Secretary of State considers
relevant to the conduct of the election.
(2) The Secretary of State shall include a statement on the
cover of the voters' pamphlet that the pamphlet may be used to
assist electors in voting.
(3) The Secretary of State may include in the voters' pamphlet
the following information:
(a) Maps showing the boundaries of senatorial and
representative districts.
(b) Voter registration forms.
(c) Elector instructions, including the right of an elector to
request a second ballot if the first ballot is spoiled and the
right of an elector to seek assistance in marking the ballot.
SECTION 14. ORS 253.055 is amended to read:
253.055. (1) Absentee ballots may be the regular ballots used
at the election or special ballots and, except as provided in
subsection (2) of this section, shall be in substantially the
same form as the regular ballots used at the election.
(2) In counties in which voting machines are used, paper
ballots may be used as absentee ballots.
(3) The ballot delivered to each absent elector shall contain
the names and other information concerning all candidates and the
information concerning all measures for which the absent elector
is entitled to vote. { - In lieu of the names and other
information concerning candidates for precinct committeeperson,
blank spaces shall be provided on the ballot, in which the absent
elector may write the name of a candidate for that office. - }
SECTION 15. ORS 254.056 is amended to read:
254.056. (1) The general election shall be held on the first
Tuesday after the first Monday in November of each even-numbered
year. Except as provided in ORS 254.650, at the general election
officers of the state and subdivisions of the state, members of
Congress and electors of President and Vice President of the
United States as are to be elected in that year shall be elected.
(2) The primary election shall be held on the third Tuesday in
May of each even-numbered year. At the primary election { + :
(a) + } Precinct { - committeepersons - } { +
representatives + } shall be elected { + as described in section
2 of this 2013 Act; + } and
{ + (b) + } Major political party candidates shall be
nominated for offices to be filled at the general election held
in that year.
SECTION 16. ORS 254.115, as amended by section 2, chapter 102,
Oregon Laws 2012, is amended to read:
254.115. (1) The official primary election ballot shall be
styled 'Official Primary Nominating Ballot for the ___ Party. '
and shall state:
(a) The name of the county for which it is intended.
(b) The date of the primary election.
(c) The names of all candidates for nomination at the primary
election whose nominating petitions or declarations of candidacy
have been made and filed, and who have not died, withdrawn or
become disqualified.
(d) { + Subject to section 2 of this 2013 Act, + } the names
of candidates for election as precinct { - committeeperson - }
{ + representative + }.
(e) The names of candidates for the party nomination for
President of the United States who qualified for the ballot under
ORS 249.078.
(2) The primary election ballot may include any city, county or
nonpartisan office or the number, ballot title and financial
estimates under ORS 250.125 of any measure.
(3) The ballot may not contain the name of any person other
than those referred to in subsections (1) and (2) of this
section. The name of each candidate for whom a nominating
petition or declaration of candidacy has been filed shall be
printed on the ballot in but one place. In the event that two or
more candidates for the same nomination or office have the same
or similar surnames, the location of their places of residence
shall be printed with their names to distinguish one from
another.
SECTION 17. ORS 248.027 is amended to read:
248.027. A precinct { - committeeperson - } { +
representative + } who represents a precinct which is
subsequently combined, consolidated or abolished shall continue
to be a member of the county central committee until the end of
that { - committeeperson's - } { + precinct
representative's + } regular term of office.
SECTION 18. ORS 248.031 is amended to read:
248.031. The precinct { - committeepersons - } { +
representatives + } of the county shall constitute the county
central committee of their party. The county central committee of
each major political party is the highest party authority in
county party matters and may adopt rules or resolutions for any
matter of party government within the county which is not
controlled by the laws of this state.
SECTION 19. ORS 248.033 is amended to read:
248.033. (1) The organizational meeting of a county central
committee shall be held no less frequently than every 25 months.
(2) The retiring county central committee shall prepare a
written notice designating the time, date and place of the
meeting and file a copy of the notice with the county clerk not
later than the 40th day before the date of the meeting. The
retiring county central committee also shall mail a copy of the
notice to the state central committee.
(3) Upon request of a county central committee, the county
clerk shall provide the county central committee, without charge,
a list of the names, addresses and other contact information,
including electronic mail addresses or telephone numbers, of
persons holding the office of precinct { - committeeperson - }
{ + representative + } for that major political party on the
date the clerk receives notice of an organizational meeting under
subsection (2) of this section.
(4) The chairperson of the retiring county central committee
shall mail a copy of the notice of the time, date and place of
the meeting, not later than the 10th day before the meeting, to
each member of the county central committee. If permitted by the
bylaws of the county central committee, the county central
committee may notify members by means other than by mail.
SECTION 20. ORS 248.045 is amended to read:
248.045. Proxies in no instance shall be permitted to
participate at any county central committee meeting. At any
meeting of the county central committee, the committee may:
(1) Adopt, amend or repeal bylaws or rules for the government
of the political party in the county.
(2) By the adoption of bylaws or of a resolution, select an
executive committee and authorize the executive committee to
exercise those powers delegated to it by the central committee
including, but not limited to, the power to fill a vacancy in the
office of { - committeeperson - } { + precinct
representative + } pursuant to ORS 248.026. { - In no event
may - } The central committee { + may not + } delegate, or the
executive committee exercise, the power to elect a person to, or
fill a vacancy in a committee office. The persons selected as the
executive committee need not be members of the county central
committee.
(3) Except as provided by ORS 248.035 (3), grant participation
and voting privileges to a:
(a) Person who holds a public office or an office of a
political party.
(b) Person who has been nominated for a public office at the
preceding primary election.
(c) Member of the executive committee of the county central
committee.
SECTION 21. ORS 249.013 is amended to read:
249.013. (1) { - No person shall - } { + A person may
not + } be a candidate for more than one lucrative office to be
filled at the same election.
(2) { - No person shall - } { + A person may not + } file a
nominating petition or declaration of candidacy for more than one
lucrative office or more than one office of precinct
{ - committeeperson - } { + representative + } before the date
of the election at which a person will be nominated or elected to
each office unless the person first files a written withdrawal,
under ORS 249.170, of the person's initial filing.
(3) If at any time before the date of the election at which a
person will be nominated or elected to each office it is
determined that a person has filed two or more nominating
petitions or declarations of candidacy for any lucrative office
or two or more nominating petitions or declarations of candidacy
for the office of precinct { - committeeperson - } { +
representative + } without written withdrawal or withdrawals
intervening, all such filings shall be invalid and any other
filing made by the same person shall be void.
(4)(a) { - No person shall - } { + A person may not + } be
a candidate for more than one district office to be filled at the
same election. This paragraph does not apply to a district that
has fewer than 10,000 electors residing within the district.
(b) { - No person shall - } { + A person may not + } be a
candidate for more than one position on the same district board
to be filled at the same election.
(c) As used in this subsection, 'district' means a district as
defined in ORS 255.012.
(5) { - No person shall - } { + A person may not + } be a
candidate for more than one city office to be filled at the same
election.
(6) Notwithstanding any provision of this section, in the case
of a vacancy to be filled by election, the same person is
eligible for nomination and election to both the unexpired and
the succeeding terms. The name of the candidate may be placed on
the ballot in both places.
SECTION 22. ORS 249.035 is amended to read:
249.035. A nominating petition or declaration of candidacy
relating to a candidate for:
(1) State office, United States Senator or Representative in
Congress shall be filed with the Secretary of State.
(2) County office or precinct { - committeeperson - } { +
representative + } shall be filed with the county clerk.
(3) City office shall be filed with the chief city elections
officer.
(4) Any elected office of a metropolitan service district under
ORS chapter 268 shall be filed with the county clerk of the
county in which the administrative office of the district is
located.
(5) Any other office shall be filed under ORS chapter 255.
SECTION 23. ORS 249.037 is amended to read:
249.037. (1) Except as otherwise provided in this section, a
nominating petition or declaration of candidacy shall be filed
not sooner than the 250th day and not later than the 70th day
before the date of the primary election.
(2) If a vacancy occurs in a partisan elective office after the
80th day and before the 70th day before the primary election, a
nominating petition or declaration of candidacy for that office
may be filed not later than the 65th day before the primary
election.
(3) A declaration of candidacy for the office of precinct
{ - committeeperson - } { + representative + } may not be
filed before February 1 immediately preceding the primary
election.
SECTION 24. ORS 249.056 is amended to read:
249.056. (1) At the time of filing a declaration of candidacy a
candidate for the following offices shall pay to the officer with
whom the declaration is filed the following fee:
(a) United States Senator, $150.
(b) Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Representative in Congress, judge of the Supreme Court, Court of
Appeals or Oregon Tax Court, or executive officer or auditor of a
metropolitan service district, $100.
(c) County officer, district attorney, county judge who
exercises judicial functions or circuit court judge, $50.
(d) State Senator or Representative or councilor of a
metropolitan service district under ORS chapter 268, $25.
(2) No filing fee shall be required of persons filing a
declaration of candidacy for precinct { - committeeperson - }
{ + representative + } or justice of the peace.
SECTION 25. ORS 260.005 is amended to read:
260.005. As used in this chapter:
(1)(a) 'Candidate' means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual's
consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made, and whether or
not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has
been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.156, '
candidate' does not include a candidate for the office of
precinct { - committeeperson - } { + representative + }.
(2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
The officers of a political party shall be considered the
directors of any political party committee of that party, unless
otherwise provided in the party's bylaws.
(3) Except as provided in ORS 260.007, 'contribute' or '
contribution' includes:
(a) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of
money, services other than personal services for which no
compensation is asked or given, supplies, equipment or any other
thing of value:
(A) For the purpose of influencing an election for public
office or an election on a measure, or of reducing the debt of a
candidate for nomination or election to public office or the debt
of a political committee; or
(B) To or on behalf of a candidate, political committee or
measure;
(b) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution; and
(c) The excess value of a contribution made for compensation or
consideration of less than equivalent value.
(4) 'Controlled committee' means a political committee that, in
connection with the making of contributions or expenditures:
(a) Is controlled directly or indirectly by a candidate or a
controlled committee; or
(b) Acts jointly with a candidate or controlled committee.
(5) 'Controlled directly or indirectly by a candidate ' means:
(a) The candidate, the candidate's agent, a member of the
candidate's immediate family or any other political committee
that the candidate controls has a significant influence on the
actions or decisions of the political committee; or
(b) The candidate's principal campaign committee and the
political committee both have the candidate or a member of the
candidate's immediate family as a treasurer or director.
(6) 'County clerk' means the county clerk or the county
official in charge of elections.
(7) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(8) Except as provided in ORS 260.007, 'expend' or '
expenditure' includes the payment or furnishing of money or
anything of value or the incurring or repayment of indebtedness
or obligation by or on behalf of a candidate, political committee
or person in consideration for any services, supplies, equipment
or other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
committee or measure, or for reducing the debt of a candidate for
nomination or election to public office. 'Expenditure' also
includes contributions made by a candidate or political committee
to or on behalf of any other candidate or political committee.
(9) 'Filing officer' means:
(a) The Secretary of State:
(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS
260.118;
(C) Regarding any measure; or
(D) Regarding any political committee.
(b) In the case of an irrigation district formed under ORS
chapter 545, 'filing officer' means:
(A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the
proposed district is situated wholly in one county;
(B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located,
regarding any candidate for office or any measure at an
irrigation district formation election where the proposed
district is situated in more than one county; or
(C) The secretary of the irrigation district for any election
other than an irrigation district formation election.
(10) 'Independent expenditure' means an expenditure by a person
for a communication in support of or in opposition to a clearly
identified candidate or measure that is not made with the
cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate, or any political
committee or agent of a political committee supporting or
opposing a measure. For purposes of this subsection:
(a) 'Agent' means any person who has:
(A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate or on behalf of a political committee
supporting or opposing a measure; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures.
(b)(A) 'Clearly identified' means, with respect to candidates:
(i) The name of the candidate involved appears;
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous
reference.
(B) 'Clearly identified' means, with respect to measures:
(i) The ballot number of the measure appears;
(ii) A description of the measure's subject or effect appears;
or
(iii) The identity of the measure is apparent by unambiguous
reference.
(c) 'Communication in support of or in opposition to a clearly
identified candidate or measure' means:
(A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly
identified candidate for nomination or election to public office,
or the passage or defeat of a clearly identified measure;
(B) The communication, as a whole, seeks action rather than
simply conveying information; and
(C) It is clear what action the communication advocates.
(d) 'Made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a
candidate or any agent or authorized committee of the candidate,
or any political committee or agent of a political committee
supporting or opposing a measure':
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent, or by any political committee
or agent of a political committee supporting or opposing a
measure, prior to the publication, distribution, display or
broadcast of the communication. An expenditure shall be presumed
to be so made when it is:
(i) Based on information about the plans, projects or needs of
the candidate, or of the political committee supporting or
opposing a measure, and provided to the expending person by the
candidate or by the candidate's agent, or by any political
committee or agent of a political committee supporting or
opposing a measure, with a view toward having an expenditure
made; or
(ii) Made by or through any person who is or has been
authorized to raise or expend funds, who is or has been an
officer of a political committee authorized by the candidate or
by a political committee or agent of a political committee
supporting or opposing a measure, or who is or has been receiving
any form of compensation or reimbursement from the candidate, the
candidate's principal campaign committee or agent or from any
political committee or agent of a political committee supporting
or opposing a measure.
(B) Does not mean providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures.
(11) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
(12) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
(13) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
(14) '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.
(15) 'Occupation' means:
(a) The nature of an individual's principal business; and
(b) If the individual is employed by another person, the
business name and address, by city and state, of the employer.
(16) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
(17) 'Petition committee' means an initiative, referendum or
recall petition committee organized under ORS 260.118.
(18) 'Political committee' means a combination of two or more
individuals, or a person other than an individual, that has:
(a) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
(b) Made an expenditure for the purpose of supporting or
opposing a candidate, measure or political party. For purposes of
this paragraph, an expenditure does not include:
(A) A contribution to a candidate or political committee that
is required to report the contribution on a statement filed under
ORS 260.057, 260.076 or 260.102 or a certificate filed under ORS
260.112; or
(B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044.
(19) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors.
(20) 'Recall petition' means a petition to recall a public
officer for which a prospective petition has been filed but that
is not yet a measure.
(21) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
(22) 'Regular district election' means the regular district
election described in ORS 255.335.
(23) 'State office' means the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries, state Senator, state
Representative, judge or district attorney.
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