Bill Text: OR SB398 | 2013 | Regular Session | Introduced

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Bill Title: Relating to elections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB398 Detail]

Download: Oregon-2013-SB398-Introduced.html

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     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 1131

                         Senate Bill 398

Sponsored by Senator GEORGE (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.

  Allows any elector to file action in circuit court when elector
believes elections official has failed to comply with elections
law. Allows attorney fees.

                        A BILL FOR AN ACT
Relating to elections; amending ORS 246.820.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 246.820 is amended to read:
  246.820. (1) { + (a) + } Whenever it appears to the Secretary
of State that a county clerk, city elections officer or
 { - a - }  local elections official has failed to comply with an
interpretation of any election law made by the secretary   { - of
State - }  under ORS 246.110 or has failed to comply with a rule,
directive or instruction made by the secretary   { - of State - }
under ORS 246.120, 246.140 or 246.150, the secretary   { - of
State - }  may apply to the appropriate circuit court for an
order to compel the county clerk, city elections officer or local
elections official to comply.
    { - (2) - }  { +  (b) + } The court shall dispose of the
matter   { - under subsection (1) of this section - }  as soon as
possible, but in any case not later than the fifth day after the
Secretary of State applies for an order.
   { +  (2)(a) Whenever it appears to an elector that the
Secretary of State or a county clerk, city elections officer or
local elections official has failed to comply with any election
law, or with any rule, directive or instruction made by the
secretary under ORS 246.120, 246.140 or 246.150, the elector may
file an action in the circuit court of the county where the
elector is registered to vote seeking an order to compel the
secretary, county clerk, city elections officer or local
elections official to comply. + }
   { +  (b) The court shall dispose of an action filed by an
elector under this subsection as quickly as possible. If the
court does not reach a decision within 10 calendar days of the
filing of the action, a default judgment shall be entered in
favor of the elector.
  (c) If the elector prevails in the action, or receives a
default judgment under this section, the elector may recover
attorney fees, costs and expenses incurred in bringing the
action.

  (d) If the Secretary of State or a county clerk, city elections
officer or local elections official comes into compliance, or
agrees to come into compliance, with any election law, or with
any rule, directive or instruction made by the secretary under
ORS 246.120, 246.140 or 246.150, after the secretary, county
clerk, city elections officer or local elections official is
contacted by an elector who alleges the secretary, county clerk,
city elections officer or local elections official has violated
an election law, rule, directive or instruction, the elector may
recover attorney fees, costs and expenses incurred in bringing
the allegations. + }
  (3) The remedy provided in this section is cumulative and does
not exclude any other remedy against  { + the Secretary of State
or + } a county clerk, city elections officer or local elections
official who fails to comply with an interpretation of any
election law or the rule, directive or instruction.
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