Bill Text: OR HB4173 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the printing of official election ballots; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2012-04-11 - Chapter 102, (2012 Laws): Effective date April 11, 2012. [HB4173 Detail]

Download: Oregon-2012-HB4173-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 308

                         House Bill 4173

Sponsored by 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 requirements for primary, general and special election
ballots.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the printing of official election ballots; creating
  new provisions; amending ORS 254.115 and 254.135; and declaring
  an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 254.135 is amended to read:
  254.135. (1) The official general or special election ballot
shall be styled 'Official Ballot' and shall state:
  (a) The name of the county for which it is intended.
  (b) The date of the election.
  (c) The names of all candidates for offices to be filled at the
election whose nominations have been made and accepted and who
have not died, withdrawn or become disqualified. The ballot may
not contain the name of any other person.
  (d) The number, ballot title and financial estimates under ORS
250.125 of any measure to be voted on at the election.
  (2) The names of candidates for President and Vice President of
the United States shall be printed in groups together, under
their political party designations. The names of the electors may
not be printed on the general election ballot. A vote for the
candidates for President and Vice President is a vote for the
group of presidential electors supporting those candidates and
selected as provided by law. The general election ballot shall
state that electors of President and Vice President are being
elected and that a vote for the candidates for President and Vice
President shall be a vote for the electors supporting those
candidates.
  (3)(a) The name of each candidate nominated shall be printed
  { - upon - }  { +  on + } the ballot in but one place, without
regard to how many times the candidate may have been nominated.
The name of a political party, or names of political parties,
shall be   { - added opposite - }  { +  printed with + } the name
of a candidate for other than nonpartisan office according to the
following rules:
  (A) For a candidate not affiliated with a political party who
is nominated by a minor political party, the name of the minor

political party shall be   { - added opposite - }  { +  printed
with + } the name of the candidate;
  (B) For a candidate not affiliated with a political party who
is nominated by more than one minor political party, the names of
not more than three minor political parties selected by the
candidate shall be   { - added opposite - }  { +  printed
with + } the name of the candidate;
  (C) For a candidate who is a member of a political party who is
nominated by a political party of which the candidate is not a
member, the name of the political party that nominated the
candidate shall be   { - added opposite - }  { +  printed
with + } the name of the candidate;
  (D) For a candidate who is a member of a political party who is
nominated by more than one political party of which the candidate
is not a member, the names of not more than three political
parties selected by the candidate shall be   { - added
opposite - }  { +  printed with + } the name of the candidate;
  (E) For a candidate who is nominated only by a political party
of which the candidate is a member, the name of the political
party of which the candidate is a member shall be   { - added
opposite - }  { +  printed with + } the name of the candidate;
and
  (F) For a candidate who is nominated by a political party of
which the candidate is a member and by any political party or
parties of which the candidate is not a member, the name of the
political party of which the candidate is a member and the names
of not more than two other political parties selected by the
candidate shall be   { - added opposite - }  { +  printed
with + } the name of the candidate.
  (b) If a candidate is required to select the name of a
political party to be   { - added - }   { + printed + } on the
ballot under paragraph (a) of this subsection, the candidate
shall notify the filing officer of the selection not later than
the 61st day before the day of the election.
  (c) The word 'incumbent' shall   { - follow - }  { +  be
printed with + } the name of each candidate for the Supreme
Court, Court of Appeals, Oregon Tax Court or circuit court who is
designated the incumbent by the Secretary of State under ORS
254.085.
  (d) The word 'nonaffiliated' shall   { - follow - }  { +  be
printed with + } the name of each candidate who is not affiliated
with a political party and who is nominated by an assembly of
electors or individual electors.
  (e) If two or more candidates for the same office have the same
or similar surnames, the location of their places of residence
shall be printed   { - opposite - }  { +  with + } their names to
distinguish one from another.
  SECTION 2. ORS 254.115 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) The names of candidates for election as precinct
committeeperson.
  (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   { - opposite - }   { + with + } their names to
distinguish one from another.
  SECTION 3.  { + The amendments to ORS 254.115 and 254.135 by
sections 1 and 2 of this 2012 Act apply to ballots for elections
held on or after the effective date of this 2012 Act. + }
  SECTION 4.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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