Bill Text: OR SB998 | 2010 | 1st Special Session | Introduced

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

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Bill Title: Relating to elections; declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2010-02-25 - Effective date, February 25, 2010. [SB998 Detail]

Download: Oregon-2010-SB998-Introduced.html

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     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 55

                         Senate Bill 998

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim 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 date by which Secretary of State must submit report to
Legislative Assembly regarding cross-nomination system for
candidates for public office.
  Conforms certain laws relating to double majority voting
requirements in property tax elections to Oregon Constitution so
that double majority requirement does not apply to local property
tax measures submitted to electors in elections held in May or
November of any year.
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
  198.815, 221.050, 222.050 and 258.290 and section 3, chapter
  798, Oregon Laws 2009; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. Section 3, chapter 798, Oregon Laws 2009, is amended
to read:
   { +  Sec. 3. + } The Secretary of State shall conduct a
general review of the adoption of a cross-nomination system for
candidates for public office in Oregon. The secretary may assess
similar laws in other states. The secretary shall report
conclusions of the secretary's review and any recommended
legislation to the Legislative Assembly not later than
 { - October 1, 2010 - }  { +  March 31, 2011 + }.
  SECTION 2. ORS 198.815 is amended to read:
  198.815. (1) If the required number of written requests for an
election are filed with the county board on or before the date of
the final hearing or if the petition for formation includes a
permanent rate limit for operating taxes for the proposed
district, the board shall provide by order for the holding of an
election to submit to the electors the question of forming the
district. The board shall cause notice of the election to be
published by two insertions. If requests for an election are
filed by less than the required number of persons and no
permanent rate limit for operating taxes is included in the
petition, the county board shall dismiss the requests and enter
an order creating the district.
  (2) The order calling an election shall fix the date of the
election on the next available election date in ORS 255.345 for
which the filing deadline can be met. However, when the proposal
for formation includes a permanent rate limit for operating taxes
for the proposed district, the election shall be held on the date
of the next primary election or general election for which the
filing deadline can be met. The order shall also state that at
such election members of the district board will be voted for.
Candidates to be voted for as members of the first board of a
district shall be nominated as provided by ORS chapter 255 and
the principal Act of a district.
  (3) The order calling the election shall require the county
official in charge of elections to include with the ballot for
the election a map or other description of the boundaries of the
proposed district using streets and other generally recognized
features and a statement of the permanent rate, if any, proposed
for the district in the petition for formation under ORS 198.750
(1)(g). Such statement shall comply with the requirements of ORS
250.035. The map or other description and statement required by
this subsection shall be supplied by the county board.
  (4)(a) When the proposal for formation includes a permanent
rate limit for operating taxes for the proposed district, the
ballot title shall clearly indicate that a single question is
being proposed which is:
  (A) Whether the proposed district shall be formed; and
  (B) Whether the permanent rate limit specified in the ballot
title shall be adopted as the maximum rate of operating taxes for
that district.
  (b) The ballot title for the election shall be in compliance
with ORS 250.036.
  (5) When the proposal for formation includes a permanent rate
limit for the proposed district, the district shall be authorized
to impose operating taxes not in excess of the permanent rate
limit if the proposal is approved by a majority of the votes cast
and:
  (a) At least 50 percent of registered electors eligible to vote
in the election cast a ballot; or
  (b) The election is   { - a general election in an
even-numbered year - }  { +  held in May or November of any
year + }.
  (6) If a proposed county service district is subject to
dissolution unless a determination of public need for continued
existence is made, the ballot title shall include the fiscal year
in which dissolution will occur and statement that the district
will dissolve unless the board of directors determines that there
is a public need for continued existence.
  SECTION 3. ORS 221.050 is amended to read:
  221.050. (1) The county court shall submit the proposition for
incorporation determined as provided in ORS 221.040 to the
electors registered in the area proposed to be incorporated. At
the same election, five city council members for the proposed
city shall be elected.
  (2) ORS chapters 246 to 260 govern the conduct of an election
under this section, including the nomination and election of the
first city council, except as follows:
  (a) A nominating or primary election for the purpose of
nominating candidates for the city council shall not be held.
  (b) Notwithstanding ORS 249.037, a nominating petition or
declaration of candidacy must be filed with the county clerk not
sooner than the 100th day and not later than the 70th day before
the date of the election.
  (c) At the time of filing a declaration of candidacy, a
candidate for the first city council shall pay to the officer
with whom the declaration is filed a fee of $25.
  (d) A nominating petition shall contain at least 25 signatures
of electors in the area proposed to be incorporated or a number
of signatures of electors equal to at least 10 percent of the
number of electors in the area proposed to be incorporated as of
the date the election is ordered under ORS 221.040, whichever is
less.
  (3) The proposed ballot title for an election under this
section shall be in compliance with ORS 250.036.
  (4) Not later than the 30th day after an election called under
ORS 221.040 the county court calling the election shall proclaim
whether the results of the election favor incorporation.  The
county court also shall proclaim which candidates for city
council are elected, if the results of the election favor
incorporation. The results of the election favor incorporation if
a majority of the votes cast on the proposition favors
incorporation and:
  (a) At least 50 percent of registered electors eligible to vote
in the election cast a ballot; or
  (b) The election is   { - a general election in an
even-numbered year - }  { +  held in May or November of any
year + }.
  (5) If the results of the election favor incorporation:
  (a) The area described in the notice of election is
incorporated as a city from the date of the election;
  (b) The proposed rate limit for operating taxes submitted to
and approved by the electors at the election shall be the
permanent rate limit for operating taxes for the new city; and
  (c) The five council members elected under subsection (2) of
this section shall take office not later than the 10th day next
following the proclamation on the proposition and council
election.
  SECTION 4. ORS 222.050 is amended to read:
  222.050. (1) This section applies if a consolidation or merger
proposes to consolidate or merge two or more cities and at least
one of the cities has not previously imposed ad valorem property
taxes.
  (2) The question of the consolidation or merger that is
submitted to the electors of the city that has not previously
imposed ad valorem property taxes may also propose a permanent
rate limit on operating taxes as described in section 11 (3)(c),
Article XI of the Oregon Constitution.
  (3) The permanent rate limit proposed under subsection (2) of
this section shall be taken into account in determining the
permanent rate limit for the city following consolidation or
merger as provided in section 11 (3)(d), Article XI of the Oregon
Constitution.
  (4) The question of the consolidation or merger that is
submitted to the electors of the city that has not previously
approved operating taxes shall be considered approved by such
electors if a majority of the votes cast are in favor of the
consolidation or merger and:
  (a) At least 50 percent of registered voters eligible to vote
in the election cast a ballot; or
  (b) The election is   { - a general election in an
even-numbered year - }  { +  held in May or November of any
year + }.
  (5) ORS 250.036 applies to a ballot title for an election
described in this section.
  (6) Notwithstanding that a majority of all electors voting on
the question of consolidation or merger approve the consolidation
or merger, the consolidation or merger shall not be considered
approved if the voting participation requirements in subsection
(4) of this section have not been met in the city to which this
section applies.
  (7) If the city to which this section applies approves the
consolidation or merger but the consolidation or merger is not
approved by the other electors voting on the question or for some
other reason does not occur, no permanent rate limit for
operating taxes shall be established for the city as a result of
the election.
  SECTION 5. ORS 258.290 is amended to read:
  258.290. (1) If the official canvass of votes of an election
reveals that the difference in the number of votes cast for or
against any measure is not more than one-fifth of one percent of
the total votes cast for and against the measure, the Secretary
of State, in the case of a measure for which the Secretary of
State is the filing officer, and the county clerk who conducted
the election in the case of any other measure shall order a full
recount of all votes cast for the measure.
  (2) The cost of a full recount conducted under this section
shall be paid by the state, county, city or special district for
which the measure was proposed.
  (3) This section does not apply if the election on the measure
is an election at which at least 50 percent of registered voters
eligible to vote in the election must cast a ballot under
  { - section 11 - }  { +  sections 11 and 11k + }, Article XI,
Oregon Constitution, and less than 50 percent of registered
voters eligible to vote in the election cast ballots.
  SECTION 6.  { + The amendments to ORS 198.815, 221.050, 222.050
and 258.290 by sections 2 to 5 of this 2010 Act apply to
elections held on or after the third Tuesday in May 2010,
regardless of when the election results are declared or
proclaimed. + }
  SECTION 7.  { + This 2010 Act takes effect on the 91st day
after the date on which the special session of the Seventy-fifth
Legislative Assembly adjourns sine die. + }
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