Bill Text: OR SB544 | 2011 | Regular Session | Introduced
Bill Title: Relating to elections.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB544 Detail]
Download: Oregon-2011-SB544-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 1116
Senate Bill 544
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) 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. + }
{ - (1) - } { + (2) + } 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.
{ + (3) The court shall dispose of an action authorized by
subsection (1) of this section 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.
(4) Any elector who prevails in an action authorized by
subsection (1) of this section, or any elector who receives a
default judgment as authorized by subsection (3) of this section,
is entitled to recover attorney fees, costs and expenses incurred
in bringing the action.
(5) 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 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 is
entitled to recover attorney fees, costs and expenses incurred in
bringing the allegations. + }
{ - (2) - } { + (6) + } The court shall dispose of the
matter under subsection { - (1) - } { + (2) + } 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.
{ - (3) - } { + (7) + } { - The - } { + A + } 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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