Bill Text: OR SB913 | 2011 | Regular Session | Introduced
Bill Title: Relating to elections.
Spectrum: Committee Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB913 Detail]
Download: Oregon-2011-SB913-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 3568
Senate Bill 913
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.
Requires estimates, portraits, statements and arguments
included in voters' pamphlet regarding statewide candidates or
measures to be filed electronically with Secretary of State.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
250.127, 251.065, 251.115, 251.205, 251.215, 251.225, 251.245
and 251.255.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.127 is amended to read:
250.127. (1) Not later than the 99th day before a special
election held on the date of a primary election or any general
election at which any state measure is to be submitted to the
people, the financial estimate committee created under ORS
250.125 shall prepare and { + electronically + } file with the
Secretary of State the estimates described in ORS 250.125 and, if
the committee considers it necessary, a statement explaining the
financial effects of the measure as described in ORS 250.125 (6).
The financial estimate committee may begin preparation of the
estimates and statement on the date that a petition is accepted
for verification of signatures under ORS 250.105 or the date that
a measure referred by the Legislative Assembly is filed with the
Secretary of State, whichever is applicable.
(2) Not later than the 95th day before the election, the
Secretary of State shall hold a hearing in Salem upon reasonable
statewide notice to receive suggested changes to the estimates or
statement or to receive other information. At the hearing any
person may submit suggested changes or other information orally
or in writing. Written suggestions or other information also may
be submitted at any time before the hearing.
(3) The financial estimate committee shall consider suggestions
and any other information submitted under subsection (2) of this
section, and may file revised estimates or a revised statement
with the Secretary of State not later than the 90th day before
the election.
(4) Except as provided in subsection (5) of this section, the
original estimates and statement and any revised estimates or
statement shall be approved by a majority of the members of the
financial estimate committee. If a member does not concur, the
estimates or statement shall show only that the member dissents.
The Secretary of State shall certify final estimates and a final
statement not later than the 90th day before the election at
which the measure is to be voted upon. All estimates and
statements prepared under ORS 250.125 and this section shall be
made available to the public.
(5) If a majority of the members of the financial estimate
committee do not approve the estimates or statement, the
Secretary of State alone shall prepare, file and certify the
estimates or statement not later than the 88th day before the
election at which the measure is to be voted upon with the data
upon which the estimates or statement is based.
(6) The support or opposition of any member of the financial
estimate committee to the original or revised estimates or
statement shall be indicated in the minutes of any meeting of the
committee. Meetings of the financial estimate committee shall be
open to the public. Designees of the members of the financial
estimate committee may attend any meetings of the committee in
the place of the members, but the designees may not vote to
approve or oppose any estimates or statement.
(7) A failure to prepare, file or certify estimates or a
statement under ORS 250.125, this section or ORS 250.131 does not
prevent the inclusion of the measure in the voters' pamphlet or
placement of the measure on the ballot.
(8) If the estimates are not delivered to the county clerk by
the 61st day before the election, the county clerk may proceed
with the printing of ballots. The county clerk is not required to
reprint ballots to include the estimates or to provide
supplemental information that includes the estimates.
SECTION 2. ORS 251.065 is amended to read:
251.065. (1) Not later than the 68th day before the primary
election, { - any - } { + a + } candidate or agent on behalf
of the candidate for nomination or election at the primary
election to the office of President or Vice President of the
United States, United States Senator, Representative in Congress
or { - any - } { + a + } state office as defined in ORS
249.002 may file with the Secretary of State a portrait of the
candidate and a { - printed or typewritten - } statement of
the reasons the candidate should be nominated or elected. A
candidate or agent on behalf of the candidate for nomination or
election to { - any - } { + a + } county or city office, or
to an elected office of a metropolitan service district organized
under ORS chapter 268, may file a portrait and statement under
this subsection if permitted under ORS 251.067.
(2) Not later than the 70th day before the general election,
{ - any - } { + a + } candidate or agent on behalf of the
candidate for election at the general election to the office of
President or Vice President of the United States, United States
Senator, Representative in Congress or { - any - } { + a + }
state office as defined in ORS 249.002 may file with the
Secretary of State a portrait of the candidate and a
{ - printed or typewritten - } statement of the reasons the
candidate should be elected. A candidate or agent on behalf of
the candidate for election to { - any - } { + a + } county or
city office, or to an elected office of a metropolitan service
district organized under ORS chapter 268, may file a portrait and
statement under this subsection if permitted under ORS 251.067.
(3) In the case of a special election to fill a vacancy as
described in ORS 251.022, the Secretary of State by rule shall
set the deadline for filing with the secretary a portrait of the
candidate and a { - printed or typewritten - } statement of
the reasons the candidate should be nominated or elected.
{ + (4)(a) A statement filed under this section must be
printed or typewritten.
(b) A portrait and statement filed for a candidate for
nomination or election to a state office as defined in ORS
249.002 must be filed electronically. + }
{ - (4) - } { + (5) + } Subject to subsections (1) to
{ - (3) - } { + (4) + } of this section, the Secretary of
State by rule shall establish the format of the statements
permitted under this section.
{ - (5) - } { + (6) + } A portrait or statement filed under
this section shall be accompanied by a telephone or electronic
facsimile transmission machine number where the candidate may be
contacted for purposes of ORS 251.087.
SECTION 3. ORS 251.115 is amended to read:
251.115. (1) Not later than the 70th day before the general
election, the party officers as designated in the organizational
documents of any statewide political party or assembly of
electors having nominated candidates may file with the Secretary
of State a
{ - printed or typewritten - } statement of arguments for the
success of its principles and election of its candidates on a
statewide basis and opposing the principles and candidates of
other political parties or organizations on a statewide basis.
(2) Not later than the 70th day before the general election,
the party officers as designated in the organizational documents
of any less than statewide political party or assembly of
electors having nominated candidates may file with the Secretary
of State a
{ - typewritten - } statement of arguments for the success of
its principles and election of its candidates on a county basis
and opposing the principles and candidates of other political
parties or organizations on a county basis.
(3)(a) Any statewide political party or assembly of electors
having nominated candidates shall pay a fee of $1,200 to the
Secretary of State when the statement is filed or may submit a
petition in a form prescribed by the secretary containing the
signatures of 500 electors.
(b) Any less than statewide political party or assembly of
electors having nominated candidates shall pay a fee of $600 to
the Secretary of State when the statement is filed or may submit
a petition in a form prescribed by the secretary containing the
signatures of 300 electors.
(c) The signatures on a petition submitted under this
subsection shall be certified by the county clerk in the manner
provided in ORS 249.008. The petition shall be filed with the
Secretary of State.
{ + (4)(a) A statement of arguments filed under this section
must be printed or typewritten.
(b) A statement of arguments filed by a statewide political
party or assembly of electors must be filed electronically. + }
{ - (4) - } { + (5) + } The Secretary of State by rule
shall prescribe the size of the statements permitted under this
section, except that any statewide political party or assembly of
electors having nominated candidates shall be allotted more space
than any less than statewide political party or assembly of
electors having nominated candidates.
SECTION 4. ORS 251.205 is amended to read:
251.205. (1) As used in this section, 'proponents' means:
(a) With respect to any state measure initiated or referred by
petition, the chief petitioners; or
(b) With respect to a measure referred by the Legislative
Assembly, the President of the Senate, who shall appoint a
Senator, and the Speaker of the House of Representatives, who
shall appoint a Representative.
(2) For each state measure to be submitted to the people at a
special election held on the date of a primary election or any
general election, a committee of five citizens shall be selected
to prepare the explanatory statement under ORS 251.215.
(3) Not later than the 120th day before the election, the
proponents of the measure shall appoint two members to the
committee and notify the Secretary of State in writing of the
selections. If the proponents do not appoint two members, the
Secretary of State shall appoint two members of the committee
from among supporters, if any, of the measure not later than the
118th day before the election.
(4) Not later than the 118th day before the election, the
Secretary of State shall appoint two members of the committee
from among the opponents, if any, of the measure.
(5) The four appointed members of the committee shall select
the fifth member and notify the Secretary of State in writing of
the selection. If the four members have not selected the fifth
member by the 111th day before the election, the fifth member
shall be appointed by the Secretary of State not later than the
109th day before the election.
(6) A vacancy shall be filled not later than two business days
after the vacancy occurs by the person who made the original
appointment. Unless the Secretary of State fills a vacancy, the
person filling the vacancy shall notify the Secretary of State in
writing of the selection.
(7) With respect to a measure referred by the Legislative
Assembly, a Senator or Representative appointed under subsection
{ - (2) - } { + (1) + } of this section may disclose whether
the Senator or Representative supports or opposes the state
measure. The Secretary of State shall print the disclosure in the
voters' pamphlet following the explanatory statement.
(8) The Legislative Administration Committee shall provide any
administrative staff assistance required by the explanatory
statement committee to facilitate the work of the explanatory
statement committee under this section or ORS 251.215.
(9) For purposes of this section, 'measure' includes an
initiative petition relating to a state measure that has been
filed with the Secretary of State for the purpose of verifying
signatures under ORS 250.105. The requirements of this section
shall not apply to the petition if the secretary determines that
the petition contains less than the required number of signatures
of electors.
SECTION 5. ORS 251.215 is amended to read:
251.215. (1) Not later than the 99th day before a special
election held on the date of a primary election or any general
election at which any state measure is to be submitted to the
people, the committee appointed under ORS 251.205 shall prepare
and { + electronically + } file with the Secretary of State, an
impartial, simple and understandable statement explaining the
measure. The statement shall not exceed 500 words.
(2) Not later than the 95th day before the election, the
Secretary of State shall hold a hearing in Salem upon reasonable
statewide notice to receive suggested changes or other
information relating to any explanatory statement. At the hearing
any person may submit suggested changes or other information
orally or in writing. Written suggestions or other information
also may be submitted at any time before the hearing.
(3) The committee for each measure shall consider suggestions
and any other information submitted under subsection (2) of this
section, and may file a revised statement with the Secretary of
State not later than the 90th day before the election.
(4) The original statement and any revised statement must be
approved by at least three members of the committee. If a member
does not concur, the statement shall show only that the member
dissents.
(5) For purposes of this section, 'measure' includes an
initiative petition relating to a state measure that has been
filed with the Secretary of State for the purpose of verifying
signatures under ORS 250.105. The requirements of this section
shall not apply to the petition if the secretary determines that
the petition contains less than the required number of signatures
of electors.
SECTION 6. ORS 251.225 is amended to read:
251.225. (1) The Legislative Counsel Committee shall prepare an
impartial, simple and understandable statement of not more than
500 words explaining each state measure. The statement shall be
filed { + electronically + } with the Secretary of State not
later than the last day for filing a statement prepared under ORS
251.215.
(2) If an explanatory statement is not filed by a committee
under ORS 251.215, the statement of the Legislative Counsel
Committee shall be the explanatory statement of the measure, and
shall be subject to the provisions of ORS 251.215.
SECTION 7. ORS 251.245 is amended to read:
251.245. (1) For any measure referred to the electors by the
Legislative Assembly, an argument prepared by the Legislative
Assembly in support of the measure may be printed in the voters'
pamphlet. The size and length of an argument under this section
shall be determined as specified in ORS 251.255.
(2) A joint committee consisting of one Senator, to be
appointed by the President of the Senate, and two
Representatives, to be appointed by the Speaker of the House of
Representatives, shall be appointed to prepare the argument. The
committee shall { + electronically + } file the argument with
the Secretary of State not later than the 70th day before a
general election or the 68th day before a special election held
on the date of any primary election. There shall be no fee for
including an argument submitted under this section in the voters'
pamphlet.
SECTION 8. ORS 251.255 is amended to read:
251.255. (1) Not later than the 70th day before a general
election or the 68th day before a special election held on the
date of any primary election at which a state measure is to be
voted upon, any person may file with the Secretary of State
{ - a printed or typewritten - } { + an + } argument
supporting or opposing the measure.
(2) A person filing an argument under this section shall pay a
fee of $1,200 to the Secretary of State when the argument is
filed or may submit a petition in a form prescribed by the
Secretary of State containing the signatures of 500 electors.
Each person signing the petition shall subscribe to a statement
that the person has read and agrees with the argument. The
signatures on each petition shall be certified by the county
clerk in the manner provided in ORS 249.008. The petition shall
be filed with the Secretary of State.
{ + (3) An argument filed under this section must be filed
electronically. + }
{ - (3) - } { + (4) + } The Secretary of State by rule
shall establish the size and length of arguments permitted under
ORS 251.245 and this section, except that the length of an
argument may not exceed 325 words. The size and length
limitations shall be the same for arguments submitted under ORS
251.245 or this section.
SECTION 9. { + The amendments to ORS 250.127, 251.065,
251.115, 251.205, 251.215, 251.225, 251.245 and 251.255 by
sections 1 to 8 of this 2011 Act apply to estimates, portraits,
statements or arguments filed on or after the effective date of
this 2011 Act. + }
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