Bill Text: OR SB866 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the Legislative Assembly.

Spectrum: Bipartisan Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB866 Detail]

Download: Oregon-2011-SB866-Introduced.html

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     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 2814

                         Senate Bill 866

Sponsored by Senator GIROD; Representative CANNON

                             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.

  Designates offices of state Senator and state Representative as
nonpartisan.

                        A BILL FOR AN ACT
Relating to the Legislative Assembly; creating new provisions;
  and amending ORS 171.051, 171.060, 171.068, 244.250, 249.002,
  249.068, 249.072, 249.088, 249.200, 254.005, 254.056, 254.365
  and 254.650.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 249.002, as amended by section 2, chapter 18,
Oregon Laws 2010, is amended to read:
  249.002. As used in this chapter:
  (1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
  (2) 'County clerk' means the county clerk or the county
official in charge of elections.
  (3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
  (4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court, or any county judge who
exercises judicial functions.
  (5) 'Member' means an individual who is registered as being
affiliated with the political party.
  (6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
  (7) 'Nonpartisan office' means the office of judge,
Superintendent of Public Instruction, Commissioner of the Bureau
of Labor and Industries,  { + state Senator, state
Representative, + } any elected office of a metropolitan service
district under ORS chapter 268, justice of the peace, county
clerk, county assessor, county surveyor, county treasurer,
sheriff, district attorney or any office designated nonpartisan
by a home rule charter.
  (8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
  (9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
  (10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, Superintendent of Public Instruction, judge,
state Senator, state Representative or district attorney.
  SECTION 2. ORS 254.005, as amended by section 3, chapter 18,
Oregon Laws 2010, is amended to read:
  254.005. As used in this chapter:
  (1) 'Ballot' means any material on which votes may be cast for
candidates or measures. In the case of a recall election, '
ballot' includes material posted in a voting compartment or
delivered to an elector by mail.
  (2) 'Chief elections officer' means the:
  (a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
  (b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
  (c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
  (3) 'County clerk' means the county clerk or the county
official in charge of elections.
  (4) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
  (5) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
  (6) '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.
  (7) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
  (8) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court, Superintendent of Public Instruction, Commissioner of the
Bureau of Labor and Industries, { +  state Senator, state
Representative, + } any elected office of a metropolitan service
district under ORS chapter 268, justice of the peace, county
clerk, county assessor, county surveyor, county treasurer, county
judge who exercises judicial functions, sheriff, district
attorney or any office designated nonpartisan by a home rule
charter.
  (9) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
  (10) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
  (11) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked ballots.
  (12) 'Voting machine' means any device that will record every
vote cast on candidates and measures and that will either
internally or externally total all votes cast on that device.
  SECTION 3. 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 shall be elected and major
political party candidates shall be nominated for offices to be
filled at the general election held in that year { + ; and
  (b) Nonpartisan candidates shall be nominated or elected as
provided in ORS 249.088 + }.
  SECTION 4. ORS 254.650 is amended to read:
  254.650. (1) If the Secretary of State determines that a
vacancy exists in the nomination of a candidate of a major
political party for state office { +  or in the nomination of a
nonpartisan candidate for the office of state Senator or state
Representative + }, that the vacancy is due to the death of the
candidate and that the vacancy occurred after the 47th day before
the date of the general election:
  (a) The election for that state office  { + or for that office
of state Senator or state Representative + } may not be held at
the general election;
  (b) The county clerks may not count ballots cast for candidates
for that state office at the general election; and
  (c) The Secretary of State shall order a special election as
provided in ORS 254.655.
  (2) The candidates listed on the ballot at the special election
shall be:
  (a) The candidates who were listed on the general election
ballot, other than the candidate whose nomination became vacant;
and
  (b) The candidate selected to fill the vacancy in the
nomination as provided in ORS 249.190 or 249.205.
  (3) As used in this section 'state office' means the office of
Governor, Secretary of State, State Treasurer  { - , - }  { +
or + } Attorney General  { - , state Senator or state
Representative - } .
  SECTION 5. ORS 249.088 is amended to read:
  249.088. (1)   { - Unless otherwise provided by - }  { +
Subject to subsections (2) to (4) of this section and the
provisions of + } a home rule charter, at the   { - nominating
election held on the date of the - }  primary election, { +
the + } two candidates { +  receiving the highest number of
votes + } shall be nominated for the nonpartisan office.   { +
  (2) + }   { - However, - }  { +  Except as provided in
subsections (3) and (4) of this section, + } when a candidate
 { - , other than a candidate for the office of sheriff, a
candidate for the office of county clerk, a candidate for the
office of county treasurer or a candidate to fill a vacancy, - }
 { +  for nonpartisan office + } receives a majority of the votes
cast for the office at the nominating election, that candidate is
elected.
   { +  (3) Subsection (2) of this section does not apply to the
office of state Senator or state Representative. + }
    { - (2) - }  { +  (4) + } When a candidate for the office of
sheriff,   { - the office of - }  county clerk,   { - the office
of - }  county treasurer or a candidate to fill a vacancy
receives a majority of votes cast for the office at the
nominating election, that candidate alone is nominated.
  SECTION 6. 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 day before a
primary election, by selecting a nominee at the next primary
election; or
  (b) If the vacancy occurs after the 70th 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 - }  { +  does + } 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) - }  { +  (b) + } The procedure specified in ORS
chapter 236 for county office.
    { - (d) - }  { +  (c) + } 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 7. ORS 249.068 is amended to read:
  249.068. (1) Except as otherwise provided for a candidate for
nonpartisan office in ORS 249.072:
  (a) A nominating petition for an office to be voted for in the
state at large or for a candidate for Representative in Congress
shall contain signatures of members of the same major political
party as the candidate. Except as provided in this subsection,
there shall be at least 1,000 signatures or the number of
signatures at least equal to two percent of the vote cast in the
state or congressional district, as the case may be, for the
candidates of that major political party for presidential
electors at the last presidential election, whichever is less;
  (b) For an election next following any change in the boundaries
of a congressional district, there shall be at least 1,000
signatures or the number of signatures at least equal to two
percent of the average number of votes cast in all congressional
districts in this state, as the case may be, for the candidates
of that major political party for presidential electors at the
last presidential election, whichever is less;
  (c) In the case of a candidate nominated by a major political
party that did not nominate presidential electors at the last
presidential election, there shall be at least 1,000 signatures;
and
  (d) If the office is one to be voted for in the state at large,
the signatures shall include those of electors registered in at
least five percent of the precincts in each of at least seven
counties. If the office is one to be voted for in a congressional
district the signatures shall include those of electors
registered in at least five percent of the precincts in each of
at least one-fourth of the counties in the congressional
district.
  (2) Except as otherwise provided in this section or for a
candidate for nonpartisan office in ORS 249.072:
  (a) A nominating petition for an office not provided for in
subsection (1) of this section shall contain the signatures of
electors who are members of the same major political party as the
candidate. There shall be at least 500 signatures or the number
of signatures at least equal to two percent of the vote in the
electoral district for the candidates of that major political
party for presidential electors at the last presidential
election, whichever is less;
    { - (b) In the case of major political party candidates for
the office of state Senator or state Representative, for an
election next following any change in the boundaries of the
districts of state Senators or state Representatives under
section 6, Article IV of the Oregon Constitution, there shall be
at least 500 signatures or the number of signatures at least
equal to two percent of the average number of votes cast in all
state senatorial or state representative districts in this state,
as the case may be, for the candidates of that major political
party for presidential electors at the last presidential
election, whichever is less; - }
    { - (c) - }  { +  (b) + } In the case of a candidate
nominated by a major political party that did not nominate
presidential electors at the last presidential election, there
shall be at least 500 signatures;
    { - (d) - }  { +  (c) + } If the office under this subsection
is to be voted for in more than one county, the signatures shall
include those of electors registered in at least six percent of
the precincts in the electoral district that are located in each
of two or more of the counties, or portions of the counties,
within which the electoral district is located. If six percent of
the precincts of the electoral district in one of the counties or
portion thereof does not constitute a whole precinct, the
nominating petition shall contain signatures from at least one
precinct in that county; and
    { - (e) - }  { +  (d) + } If the office is to be voted for in
only one county or in a city, the signatures shall include those
of electors registered in at least 10 percent of the precincts in
the electoral district.
  SECTION 8. ORS 249.072 is amended to read:
  249.072. (1) If the nonpartisan office is to be voted for in
the state at large, the nominating petition shall contain at
least 1,000 signatures of electors, or a number of signatures of
electors equal to at least one percent of the vote cast in the
state for all candidates for Governor at the most recent election
at which a candidate for Governor was elected to a full term,
whichever is less. The signatures shall include those of electors
registered in each of at least five percent of the precincts in
each of at least seven counties.
  (2) The nominating petition for a nonpartisan office not
provided for in subsection (1) of this section shall contain at
least 500 signatures of electors in the electoral district, or a
number of signatures of electors equal to at least one percent of
the vote cast in the electoral district for all candidates for
Governor at the most recent election at which a candidate for
Governor was elected to a full term, whichever is less. { +  In
the case of candidates for the office of state Senator or the
office of state Representative, for an election next following
any change in the boundaries of the districts of state Senators
or state Representatives under section 6, Article IV of the
Oregon Constitution, the nominating petition shall contain at
least 500 signatures, or the number of signatures equal to at
least one percent of the average number of votes cast in all
state senatorial or state representative districts in this state,
as the case may be, for all candidates for presidential electors
at the last presidential election, whichever is less. + } In
addition:
  (a) If an office under this subsection is to be voted for in
more than one county, the signatures shall include those of
electors registered in each of at least six percent of the
precincts in the electoral district that are located in each of
two or more of the counties, or portions of the counties, within
which the electoral district is located. If six percent of the
precincts of the electoral district in one of the counties or
portion thereof does not constitute a whole precinct, the
nominating petition shall contain signatures from at least one
precinct in that county.
  (b) If the office is to be voted for in only one county or in a
city, the signatures shall include those of electors registered
in each of at least 10 percent of the precincts in the electoral
district.
  SECTION 9. ORS 254.365 is amended to read:
  254.365. (1) An elector is not qualified or permitted to vote
at any primary election for any candidate of a major political

party, and it is unlawful for the elector to offer to do so,
unless:
  (a) The elector is registered as being affiliated with one of
the major political parties nominating or electing its candidates
for public office at the primary election; or
  (b) The elector is registered as not being affiliated with any
political party and wishes to vote in the primary election of a
major political party that has provided under subsection (3) of
this section for a primary election that admits electors not
affiliated with any political party.
  (2) Except as provided in ORS 254.470 (3), any elector offering
to vote at the primary election shall be given a ballot of the
major political party with which the elector is registered as
being affiliated. The elector may not be given a ballot of any
other political party at that primary election. An elector not
affiliated with any political party and offering to vote at the
primary election shall be given the ballot of the major political
party in whose primary election the elector wishes to vote if
that party has provided under subsection (3) of this section for
a primary election that admits electors not affiliated with any
political party. An elector not affiliated with any political
party who is given a ballot of the major political party
associates with the party for the purpose of voting in that
primary election.
  (3)  { - (a) - }  Not later than the 90th day before the date
of the primary election, a major political party may file with
the Secretary of State a certified copy of the current party rule
allowing an elector not affiliated with any political party to
vote in the party's primary election. The party may not repeal
the rule as filed during the 90 days before the primary election.
The rule shall continue to be effective after the date of the
primary election until the party gives written notice to the
Secretary of State that the rule has been repealed.   { - Except
as provided in paragraph (b) of this subsection, - }  A party
rule under this subsection may limit the candidates for whom an
elector who is not affiliated with any political party may vote.
    { - (b) The party rule shall allow any elector who is
permitted to vote for the most numerous branch of the Legislative
Assembly also to vote in federal legislative elections,
consistent with section 2, Article I, and the Seventeenth
Amendment to the United States Constitution. - }
  (4) If the primary election ballot includes city, county or
nonpartisan offices or measures, and it is given to an elector
who is not eligible to vote for party candidates, the ballot
shall be marked 'non-affiliated.  '
  SECTION 10. ORS 171.051 is amended to read:
  171.051. (1) When any vacancy occurs in the Legislative
Assembly due to death or recall or by reason of resignation filed
in writing with the Secretary of State or a person is declared
disqualified by the house to which the person was elected, the
vacancy shall be filled by appointment if:
  (a) The vacancy occurs during any session of the Legislative
Assembly;
  (b) The vacancy occurs in the office of a state Representative
before the 61st day before the general election to be held during
that term of office;
  (c) The vacancy occurs in the office of a state Senator before
the 61st day before the first general election to be held during
that term of office;
  (d) The vacancy occurs in the office of a state Senator at any
time after the 62nd day before the first general election and
before the 61st day before the second general election to be held
during that term of office; or
  (e) A special session of the Legislative Assembly will be
convened before a successor to the office can be elected and
qualified.
  (2) The person appointed under the provisions of subsection (1)
of this section shall be a citizen qualified to hold the office
 { - , - }  { +  and + } an elector of the affected legislative
district   { - and a member of the same political party for at
least 180 days before the date on which the vacancy occurred. The
political affiliation of a person appointed under subsection (1)
of this section shall be determined under ORS 236.100 - } . The
appointment shall be made by the county courts or boards of
county commissioners of the affected counties pursuant to ORS
171.060 to 171.064.   { - When the provisions of ORS 171.060 (1)
are applicable, the appointment shall be made from a list of not
fewer than three nor more than five nominees who have signed
written statements indicating that they are willing to serve
furnished by the Secretary of State. If fewer than three names of
nominees are furnished, a list shall not be considered to have
been submitted and the county courts or boards of county
commissioners shall fill the vacancy. - }  The vacancy must be
filled by appointment within 30 days after its occurrence or not
later than the time set for the convening of the special session
described in subsection (1)(e) of this section when that is the
basis for filling the vacancy.
  (3) If the appointing authority required by this section to
fill the vacancy does not do so within the time allowed, the
Governor shall fill the vacancy by appointment within 10 days.
  (4) Notwithstanding any appointment under the provisions of
subsection (1)(c) of this section, when a vacancy occurs in the
office of a state Senator before the 61st day before the first
general election to be held during that term of office, the
remaining two years of the term of office shall be filled by the
electors of the affected legislative district at the first
general election.
  (5) Candidates for the remaining two years of the term of
office of a state Senator under subsection (4) of this section
shall be nominated as provided in ORS chapter 249 { + , + }
 { - except as follows: - }
    { - (a) A major political party, minor political party,
assembly of electors or individual electors may select a nominee
for any vacancy occurring before the 61st day before the first
general election; and - }
    { - (b) The Secretary of State shall accept certificates of
nomination and notifications of nominees selected by party rule
and filed with the secretary - }  { +  except that the Secretary
of State shall accept nominating petitions or declarations of
candidacy + } pursuant to a schedule for filing set by the
Secretary of State but in any case not later than the 62nd day
before the first general election.
  (6) The remaining two years of the term of office of a state
Senator under subsection (4) of this section will commence on the
second Monday in January following the general election. Any
appointment under the provisions of subsection (1)(c) of this
section shall expire when a successor to the office is elected
and qualified.
  SECTION 11. ORS 171.060 is amended to read:
  171.060.   { - (1) When any vacancy as is mentioned in ORS
171.051 exists in the office of Senator or Representative
affiliated with a major political party and that vacancy is to be
filled by an appointing authority as provided in ORS 171.051, the
Secretary of State forthwith shall notify the person designated
by the party to receive such notice. The party shall pursuant to
party rule nominate not fewer than three nor more than five
qualified persons to fill the vacancy. The nominating procedure
shall reflect the principle of one-person, one-vote to accord
voting weight in proportion to the number of party members
represented. At the request of a party making a nomination, the
county clerks of each county constituting the district in which
the vacancy exists shall assist the party in determining the
number of electors registered as members of the party in the
district. A person shall not be nominated to fill the vacancy
unless the person signs a written statement indicating that the
person is willing to serve in the office of Senator or
Representative. As soon as the nominees have been appointed, but
no later than 20 days after the vacancy occurs, the party shall
notify the Secretary of State of the persons nominated. The
notification shall be accompanied by the signed written statement
of each nominee indicating that the nominee is willing to serve
in the office of Senator or Representative. The Secretary of
State shall notify the county courts or boards of county
commissioners of the counties constituting the district in which
the vacancy exists of the nominees and of the number of votes
apportioned to each member of the county courts or boards of
county commissioners under ORS 171.062 and 171.064. The Secretary
of State shall set a time for the meeting of the county courts or
boards of county commissioners in order to fill the vacancy and
by rule shall establish procedures for the conduct of the
meeting. If the district is composed of more than one county, the
Secretary of State shall name a temporary chairperson and
designate a meeting place within the district where the county
courts or boards of county commissioners shall convene for the
purpose of filling the vacancy, pursuant to ORS 171.051 (2). - }
    { - (2) - }  { +  (1) + } When any vacancy   { - as is
mentioned - }  { +  described + } in ORS 171.051 exists in the
office of { +  state + } Senator or  { + state + } Representative
 { - not affiliated with a major political party - }  and that
vacancy is to be filled by an appointing authority as provided in
ORS 171.051, the Secretary of State forthwith shall notify the
county courts or boards of county commissioners of the counties
constituting the district in which the vacancy occurs of the
vacancy and of the number of votes apportioned to each member of
the county courts or boards of county commissioners under ORS
171.062 and 171.064. The Secretary of State shall set a time for
a meeting of the county courts or boards of county commissioners
and by rule shall establish procedures for the conduct of the
meeting.  If the district is composed of more than one county,
the Secretary of State shall name a temporary chairperson and
designate a meeting place within the district where the county
courts or boards of county commissioners shall convene for the
purpose of appointing a person to fill the vacancy.
    { - (3) - }  { +  (2) + } A written statement signed by a
majority of those qualified to vote upon the filling of any
vacancy naming the person selected to fill the vacancy and
directed to the Secretary of State is conclusive evidence of the
filling of the vacancy by the appointing authority named therein.
  SECTION 12. ORS 171.068 is amended to read:
  171.068. (1) For purposes of ORS 171.060, 171.062 and 171.064,
the county court or the board of county commissioners
  { - which shall - }  { +  that must + } fill the vacancy in the
Legislative Assembly in a district created by reapportionment
shall be the county court or board of county commissioners of
each county any part of which is in the district that is created
by the reapportionment and includes the residence from which the
former  { +  state + } Senator or  { + state + } Representative
was elected.
  (2)   { - Each person nominated by a major political party to
fill a vacancy in the Legislative Assembly occurring as described
by ORS 171.051 - }  { +  A person appointed to fill a vacancy in
the Legislative Assembly + } in a district created by
reapportionment must be registered to vote in the district from
which the former  { + state + } Senator or  { + state + }
Representative was elected   { - and must have been a member of
the same major political party at least 180 days before the date
the vacancy to be filled occurred - } .

  (3) This section   { - shall apply - }  { +  applies + } only
to a vacancy in the Legislative Assembly occurring after the
primary election next following reapportionment and before a
person has been elected and qualified to fill the vacancy.
  SECTION 13. ORS 244.250 is amended to read:
  244.250. (1) The Oregon Government Ethics Commission is
established, consisting of seven members. The appointment of a
member of the commission is subject to confirmation by the Senate
in the manner provided in ORS 171.562 and 171.565. Members shall
be appointed in the following manner:
  (a) The Governor shall appoint four members from among persons
recommended,   { - one - }  { +  two + } each by the leadership
of   { - the Democratic and Republican parties in - }  each house
of the Legislative Assembly.  { + The leadership of each house of
the Legislative Assembly shall recommend persons who are not
members of the same major political party. + } If a person
recommended   { - by the leadership of the Democratic or
Republican party - }  { +  under this paragraph + } is not
approved by the Governor, the leadership shall recommend another
person.
  (b) The Governor shall appoint three members without leadership
recommendation. No more than two members appointed under this
paragraph may be members of the same major political party.
  (2) A person who holds any public office listed in ORS 244.050
(1) except as a member of the commission may not be appointed to
the commission. No more than four members may be members of the
same political party.
  (3) The term of office of a member is four years. A member is
not eligible to be appointed to more than one full term but may
serve out an unexpired term. Vacancies shall be filled by the
appointing authority for the unexpired term.
  (4) The commission shall elect a chairperson and vice
chairperson for such terms and duties as the commission may
require.
  (5) A quorum consists of four members but a final decision may
not be made without an affirmative vote of a majority of the
members appointed to the commission.
  (6) Members shall be entitled to compensation and expenses as
provided in ORS 292.495.
  (7) The commission may retain or appoint qualified legal
counsel who must be a member of the Oregon State Bar and who is
responsible to the commission. The appointment of legal counsel
under this subsection may be made only when the commission finds
it is inappropriate and contrary to the public interest for the
office of the Attorney General to represent concurrently more
than one public official or agency in any matter before the
commission because the representation:
  (a) Would create or tend to create a conflict of interest; and
  (b) Is not subject to ORS 180.230 or 180.235.
  (8) The Attorney General may not represent before the
commission any state public official who is the subject of any
complaint or action of the commission at the commission's own
instigation.
  SECTION 14.  { + (1) The amendments to ORS 171.051, 171.060,
171.068, 249.002, 249.068, 249.072, 249.088, 249.200, 254.005,
254.056, 254.365 and 254.650 by sections 1 to 12 of this 2011 Act
apply only to nominations for, and appointments and elections to,
the offices of state Senator and state Representative occurring
on or after the effective date of this 2011 Act. A certificate of
nomination, nominating petition or declaration of candidacy for
the office of state Senator or state Representative filed before
the effective date of this 2011 Act for an election to be
conducted on or after the effective date of this 2011 Act shall
be considered to have been filed for a nonpartisan office.

  (2) Nothing in the amendments to ORS 244.250 by section 13 of
this 2011 Act is intended to require a change in the composition
of the Oregon Government Ethics Commission. + }
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