Bill Text: OR SB998 | 2010 | 1st Special Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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
B-Engrossed
Senate Bill 998
Ordered by the House February 22
Including Senate Amendments dated February 15 and House
Amendments
dated February 22
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.
Modifies date by which Secretary of State must submit report to
Legislative Assembly regarding cross-nomination system for
candidates for public office.
Modifies provisions relating to registration of voters.
Makes registration to obtain signatures on referendum or recall
petition valid until date petition is filed for signature
verification.
Expands ability to vote by facsimile machine to include all
long term absent electors.
Increases amount of contributions that candidates may receive
to remain exempt from certain compliance measures.
Modifies requirements for filing statement of notice of intent
to discontinue statement of organization.
Expands prohibition against use of contributions to pay civil
penalty that is imposed for misuse of contributed amounts.
Excludes certain information relating to persons who donate to
Oregon Political Party Fund from specified disclosure
requirements.
Requires Secretary of State to prepare and disseminate
guidelines for fixing precinct and other electoral district
boundaries.
{ + Clarifies that employee of legislative branch may explain
vote of member of Legislative Assembly on Act referred to people,
Act for which prospective referendum petition has been filed,
constitutional amendment and constitutional revision.
Prescribes ballot title for and argument in support of House
Joint Resolution 101 (2010). Prescribes argument in support of
measure submitted under House Joint Resolution 13 (2009).
Prescribes ballot titles for Senate Joint Resolution 48 (2010)
and Senate Joint Resolution 41 (2010). + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
246.410, 247.025, 247.295, 250.048, 253.690, 258.290, 260.043,
260.055, 260.407, 260.432, 260.995 and 305.758 and section 10,
chapter 720, Oregon Laws 2009, and section 3, chapter 798,
Oregon Laws 2009; and declaring an emergency.
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 247.025 is amended to read:
247.025. To vote in an election:
(1) A person's registration card must be received at an office
or location described in ORS 247.012 not later than the time the
office or location closes for business on the 21st day
immediately preceding the election, but in no case later than
midnight of the 21st day immediately preceding the election;
{ - or - }
(2) A person's registration card must be postmarked not later
than the 21st day immediately preceding the election and be
addressed to an office of any county clerk, the Office of the
Secretary of State, an office of the Department of Transportation
or any designated voter registration agency as described in ORS
247.208 { - . - } { + ; or
(3) A person's registration card must be delivered
electronically as described in ORS 247.019 not later than 11:59
p.m. of the 21st day immediately preceding the election. + }
SECTION 3. ORS 247.295 is amended to read:
247.295. (1) The Secretary of State shall subscribe to a change
of address service that is approved or endorsed by the United
States Postal Service and use the service to verify the accuracy
of the addresses of electors contained in the centralized voter
registration system.
(2) If the secretary determines that the address of an elector
is different from the address for the elector as contained in the
records of the county clerk, the secretary shall provide the
information obtained under this section to the county clerk of
each affected county. Based on information received under this
section, each county clerk shall update the registration of
electors in the county { + if the clerk determines that an
update is required + }.
SECTION 4. ORS 250.048 is amended to read:
250.048. (1) A person may not pay money or other valuable
consideration to another person for obtaining signatures of
electors on a state initiative, referendum or recall petition or
a prospective petition for a state measure to be initiated, and a
person may not receive money or other valuable consideration for
obtaining signatures of electors on a state initiative,
referendum or recall petition or a prospective petition for a
state measure to be initiated, unless the person obtaining the
signatures:
(a) Registers with the Secretary of State in the manner
prescribed by this section and by rule of the secretary; and
(b) Completes the training program prescribed by rule of the
secretary.
(2) A person may apply to the secretary for a registration
required under subsection (1) of this section. The application
shall include:
(a) The full name and any assumed name of the applicant;
(b) The residential street address of the applicant;
(c) An example of the signature of the applicant;
(d) A list of the prospective petitions on which the applicant
will gather signatures;
(e) A list of the initiative, referendum and recall petitions
on which the applicant will gather signatures;
(f) If the applicant has been convicted for a criminal offense
involving fraud, forgery or identification theft, information
relating to the circumstances of the conviction as required by
the secretary;
(g) A statement signed by the applicant acknowledging that the
applicant has read and understands Oregon law applicable to the
gathering of signatures on state initiative, referendum and
recall petitions and prospective petitions for state measures to
be initiated, as the law is summarized in the training program
established by the Secretary of State;
(h) Evidence indicating that the applicant has completed the
training required by the secretary by rule;
(i) A photograph of the applicant; and
(j) A statement signed by a chief petitioner of each petition
or prospective petition, or a person designated by a chief
petitioner under this paragraph, upon which the applicant will
gather signatures acknowledging that the chief petitioner is
liable for violations of law or rule committed by the person
obtaining signatures as provided in ORS 260.561. A chief
petitioner may designate a person to sign a statement described
in this paragraph on behalf of the chief petitioner.
(3)(a) If an applicant complies with subsection (2) of this
section, not later than five business days after the applicant
applies, the secretary shall register the applicant and assign
the applicant a registration number.
(b) A person who is registered to obtain signatures on a
prospective petition for a state measure to be initiated need not
reapply for a registration under this section in order to obtain
signatures on a state initiative, referendum or recall petition,
except that the person shall submit a list of the initiative,
referendum and recall petitions on which the person will gather
signatures.
(c) A registration { - issued by the secretary under this
section - } { + to obtain signatures on a state initiative
petition or a prospective petition for a state measure to be
initiated + } is valid until the date that is four months before
the next general election.
{ + (d) A registration to obtain signatures on a referendum
or recall petition is valid until the date the petition is filed
for signature verification. + }
(4) A person may not apply for registration under this section
if, during the five-year period prior to the date of application,
the person:
(a) Has been convicted for a criminal offense involving fraud,
forgery or identification theft in any state;
(b) Has had a civil penalty imposed under ORS 260.995 for a
violation of this section or ORS 260.262; or
(c) Has had a civil or criminal penalty imposed for violation
of a statute subject to a criminal penalty under ORS 260.993.
(5) To assist in determining the identity of an applicant or
whether an applicant has been convicted for a criminal offense
described in subsection (4) of this section, upon consent of the
applicant and upon request of the secretary, the Department of
State Police shall furnish to the secretary any information that
the department may have in its possession from its central bureau
of criminal identification, including but not limited to the Law
Enforcement Data System established in ORS 181.730, other
computerized information and any other information to which the
department may have access. For purposes of receiving the
information described in this subsection, the office of the
Secretary of State is a 'criminal justice agency' under ORS
181.010 to 181.560 and 181.715 to 181.730 and the rules adopted
under ORS 181.555. Upon submitting an application for
registration described in subsection (2) of this section, an
applicant is deemed to have given the consent necessary for
purposes of this subsection.
(6) If a person receives money or other valuable consideration
for obtaining signatures of electors on a state initiative,
referendum or recall petition or a prospective petition for a
state measure to be initiated and the person was not registered
as required under this section at the time the signatures were
obtained, the secretary may not include any signatures obtained
by the person in a count under ORS 250.045 (3) or 250.105 or ORS
chapter 249 for purposes of determining whether the petition or
prospective petition contains the required number of signatures
of electors.
(7) A person registered under this section shall carry evidence
of registration with the person while the person is obtaining
signatures on a state initiative, referendum or recall petition
or a prospective petition for a state measure to be initiated.
The evidence of registration shall contain the photograph and
registration number of the person. The secretary by rule shall
designate the form of the evidence of registration.
(8) A photograph of an applicant submitted under subsection (2)
of this section shall:
(a) Be a conventional photograph with a plain background;
(b) Show the face or the face, neck and shoulders of the
applicant; and
(c) Be prepared and processed for printing as prescribed by the
secretary.
(9) A person registered under this section may not obtain
signatures on a petition or prospective petition for which the
person is being paid and, at the same time, obtain signatures on
a petition or prospective petition for which the person is not
being paid. The secretary may not include any signatures obtained
in violation of this subsection in a count under ORS 250.045 (3)
or 250.105 or ORS chapter 249 for purposes of determining whether
a state initiative, referendum or recall petition or a
prospective petition for a state measure to be initiated contains
the required number of signatures of electors.
(10) The secretary shall adopt rules necessary to implement
this section, including rules:
(a) Establishing procedures for registering persons who may be
paid money or other valuable consideration for obtaining
signatures of electors on state initiative, referendum or recall
petitions or prospective petitions for state measures to be
initiated; and
(b) Establishing a training program for persons who may be paid
money or other valuable consideration for obtaining signatures of
electors on state initiative, referendum or recall petitions or
prospective petitions for state measures to be initiated.
SECTION 5. ORS 253.690 is amended to read:
253.690. (1) A long term absent elector described in ORS
253.510 { - (1) or (2) - } may cast a ballot using a facsimile
machine as provided in this section. Notwithstanding ORS 254.470
(8), a ballot cast under this section shall be counted only if
the ballot:
(a) Is received in the office of the county clerk not later
than 8 p.m. on the day of the election;
(b) Is accompanied by a return identification envelope
containing the signature of the elector and a signed waiver
described in subsection (2) of this section; and
(c) The signature is verified as provided in subsection (3) of
this section.
(2) Each elector who casts a ballot under this section shall
complete and submit using a facsimile machine a waiver described
in this subsection. The elector shall attest to the information
supplied on the waiver by signing the completed waiver. The
Secretary of State by rule shall design the form of the waiver,
which shall include all of the following:
(a) Space for the elector to provide the elector's full name,
residence or mailing address, a phone or facsimile number where
the elector may be contacted and any other necessary information.
(b) A waiver in substantially the following form:
_________________________________________________________________
I, _____________, acknowledge that by casting my voted ballot
using a facsimile machine I have waived my right to a secret
ballot.
_________________________________________________________________
(c) A statement to notify the elector that the elector's ballot
will not be counted unless the elector has complied with the
provisions of this section.
(d) Space for the elector to provide the elector's signature to
attest to the information supplied.
(3) The county clerk shall verify the signature of each elector
on the return identification envelope transmitted by facsimile
machine under this section with the signature on the elector's
registration card, according to the procedure provided by rules
adopted by the Secretary of State.
(4) The Secretary of State shall adopt rules to administer this
section and to ensure the secrecy of ballots cast using a
facsimile machine to the greatest extent possible.
SECTION 6. 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 7. ORS 260.043 is amended to read:
260.043. (1) A candidate who serves as the candidate's own
treasurer and who expects neither the aggregate contributions to
be received nor the aggregate expenditures to be made by or on
behalf of the candidate to exceed { - $350 - } { + $750 + }
in total amount during a calendar year is not required to:
(a) File a statement of organization under ORS 260.039;
(b) Establish a single exclusive campaign account under ORS
260.054; or
(c) File statements under ORS 260.057.
(2) A candidate described in subsection (1) of this section
must keep contribution and expenditure records for the previous
24 months.
(3) If at any time following the filing of a nominating
petition, declaration of candidacy or certificate of nomination
and during the calendar year either the aggregate contributions
or aggregate expenditures exceed { - $350 - } { + $750 + },
the candidate shall do all of the following:
(a) File a statement of organization under ORS 260.039.
(b) Establish a single exclusive campaign account as required
under ORS 260.054.
(c) File a statement under ORS 260.057 showing all
contributions received and expenditures made. The statement shall
be filed not later than seven calendar days after aggregate
contributions or aggregate expenditures exceed { - $350 - }
{ + $750 + } during a calendar year.
(d) If necessary, file additional statements under ORS 260.057.
(4) This section does not apply to candidates for federal
office.
SECTION 8. ORS 260.055 is amended to read:
260.055. (1) Each candidate, other than a candidate for
political party office, the treasurer of each political committee
and the treasurer of each petition committee shall keep detailed
accounts. The accounts shall be current as of not later than the
seventh calendar day after the date of receiving a contribution
or making an expenditure with respect to all contributions
received and all expenditures made by or on behalf of the
candidate or committee that are required to be reported under ORS
260.057, 260.076 or 260.078. Subject to ORS 260.085, the accounts
shall list all information required to be reported under ORS
260.083.
(2) Accounts kept by a candidate or the treasurer of a
political committee may be inspected under reasonable
circumstances at any time before the election to which the
accounts refer or during the period specified for retention of
the accounts under subsection (3) of this section by any opposing
candidate or the treasurer of any political committee for the
same electoral contest. The right of inspection may be enforced
by writ of mandamus issued by any court of competent
jurisdiction. The treasurers of political committees supporting a
candidate may be joined with the candidate as defendants in a
mandamus proceeding.
(3) Accounts kept by a candidate or treasurer shall be
preserved by the candidate or treasurer for at least two years
after the date the statement of the contribution or expenditure
is filed under ORS 260.057.
(4)(a) { - Before the last statement is filed under ORS
260.057, - } { + If + } a candidate, political committee or
petition committee { + intends to discontinue the statement of
organization of the candidate or committee and close accounts,
the candidate or committee + }shall file with the Secretary of
State a notice of intent { - to discontinue the statement of
organization of the candidate or committee and close accounts - }
. Upon receipt of the notice, the secretary shall examine each
statement filed by the candidate or committee under ORS 260.044,
260.057, 260.083, 260.102, 260.112 or 260.118 to determine
whether the statement is sufficient.
(b) Not later than 90 days after receipt of the notice of
intent, the secretary shall notify the candidate, political
committee or petition committee that the statements are
sufficient or that a statement is insufficient or otherwise may
violate a law or rule. The notice shall include a description of
the provisions of ORS 260.407.
(c) If, after a candidate, political committee or petition
committee files a notice of intent to discontinue the statement
of organization of the candidate or committee and close accounts,
the candidate or committee files an additional statement under
ORS 260.044, 260.057, 260.083, 260.102, 260.112 or 260.118, the
secretary has 90 days following the date the additional statement
is filed to examine the statement and send a notification
described in paragraph (b) of this subsection.
(d) When a candidate, political committee or petition committee
files the last statement under ORS 260.057, the secretary shall
conduct a final review. If the secretary determines that all
statements filed are sufficient, the secretary shall notify the
candidate, political committee or petition committee. Upon
receipt of the notice, the candidate or committee may discontinue
the statement of organization of the candidate, political
committee or petition committee and close accounts.
SECTION 9. ORS 260.407 is amended to read:
260.407. (1)(a) Except as provided in paragraph (b) of this
subsection, amounts received as contributions by a candidate or
the principal campaign committee of a candidate for public office
that are in excess of any amount necessary to defray
{ - campaign - } expenditures and any other funds donated to a
holder of public office may be:
(A) Used to defray any expenses incurred in connection with the
recipient's duties as a holder of public office;
(B) Transferred to any national, state or local political
committee of any political party;
(C) Contributed to any organization described in section 170(c)
of the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
(b) Amounts received as contributions by a candidate or the
principal campaign committee of a candidate for public office
that are in excess of any amount necessary to defray
{ - campaign - } expenditures and other funds donated to a
holder of public office may not be:
(A) Converted by any person to any personal use other than to
defray any expenses incurred in connection with the person's
duties as a holder of public office or to repay to a candidate
any loan the proceeds of which were used in connection with the
candidate's campaign;
(B) Except as provided in this subparagraph, used to pay any
money award as defined in ORS 18.005 included as part of a
judgment in a civil or criminal action or any civil penalty
imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in
this paragraph may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by the candidate or public official in
any civil, criminal or other legal proceeding or investigation
that relates to or arises from the course and scope of the duties
of the person as a candidate or public official. Contributions
described in this paragraph may be used to pay legal expenses
incurred by the candidate or public official in connection with a
legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.
(2)(a) Except as provided in paragraph (b) of this subsection,
amounts received as contributions by a political committee that
is not a principal campaign committee that are in excess of any
amount necessary to defray expenditures may be:
(A) Used to repay to the political committee any loan the
proceeds of which were used in connection with the campaign;
(B) Transferred to any national, state or local political
committee of any political party;
(C) Contributed to any organization described in section 170(c)
of the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
(b) Amounts received as contributions by the political
committee may not be:
(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, used to pay any
money award as defined in ORS 18.005 included as part of a
judgment in a civil or criminal action or any civil penalty
imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in
this subsection may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by a treasurer or director of a political
committee in any civil, criminal or other legal proceeding or
investigation that relates to or arises from the course and scope
of the duties of the person as a treasurer or director.
Contributions described in this subsection may be used to pay
legal expenses incurred by a treasurer or director in connection
with a legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.
(3)(a) Except as provided in paragraph (b) of this subsection,
amounts received as contributions by a chief petitioner or
treasurer of a petition committee organized under ORS 260.118
that are in excess of any amount necessary to defray expenditures
may be:
(A) Used to repay to the chief petitioner any loan the proceeds
of which were used in connection with the initiative, referendum
or recall petition;
(B) Transferred to any national, state or local political
committee of any political party;
(C) Contributed to any organization described in section 170(c)
of the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
(b) Amounts received as contributions by a chief petitioner or
treasurer of a petition committee may not be:
(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, used to pay any
money award as defined in ORS 18.005 included as part of a
judgment in a civil or criminal action or any civil penalty
imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in
this subsection may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by a chief petitioner or treasurer in any
civil, criminal or other legal proceeding or investigation that
relates to or arises from the course and scope of the duties of
the person as a chief petitioner or treasurer. Contributions
described in this subsection may be used to pay legal expenses
incurred by a chief petitioner or treasurer in connection with a
legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.
(4) As used in this section:
(a) 'Contribution' and 'expenditure' include a contribution or
expenditure to or on behalf of an initiative, referendum or
recall petition.
(b) 'Funds donated' means all funds, including but not limited
to gifts, loans, advances, credits or deposits of money that are
donated for the purpose of supporting the activities of a holder
of public office. 'Funds donated' does not mean funds
appropriated by the Legislative Assembly or another similar
public appropriating body or personal funds of the office holder
donated to an account containing only those personal funds.
(c) 'Public office' does not include national or political
party office.
SECTION 10. ORS 260.995 is amended to read:
260.995. (1) Except as provided in subsection (2) of this
section, following an investigation under ORS 260.345, the
Secretary of State or Attorney General may impose a civil penalty
not to exceed $250 for each violation of any provision of Oregon
Revised Statutes relating to the conduct of any election, any
rule adopted by the secretary under ORS chapters 246 to 260 or
any other matter preliminary to or relating to an election, for
which a civil penalty is not otherwise provided.
(2) The secretary or the Attorney General may impose a civil
penalty not to exceed:
(a) $1,000 for each violation of ORS 251.049 (3) or 251.405
(3);
(b) $1,000 plus the amount converted to personal use for each
violation of ORS 260.407; or
(c) $10,000 for each violation of ORS 260.555, 260.558, 260.575
or 260.715 (1) or section 1b, Article IV of the Oregon
Constitution.
(3) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.745. In addition to the requirements of ORS 183.745, the
notice shall include:
(a) A statement of the authority and jurisdiction under which
the hearing is to be held; and
(b) If the person is an agency, corporation or an
unincorporated association, a statement that such person must be
represented by an attorney licensed in Oregon, unless the person
is a political committee which may be represented by any officer
identified in the most recent statement of organization filed
with the filing officer.
(4) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
secretary or Attorney General:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the date the person received notice sent under subsection
(3) of this section; or
(b) Upon the secretary's or Attorney General's own motion.
(5) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but
instead may submit written testimony or other evidence, sworn to
before a notary public, to the secretary or Attorney General for
entry in the hearing record. The testimony or other evidence must
be received by the secretary or Attorney General not later than
three business days before the day of the hearing.
(6) All hearings under this section shall be held not later
than 45 days after the deadline for the person against whom the
penalty may be assessed to request a hearing. However, if
requested by the person against whom the penalty may be assessed,
a hearing under subsection (4) of this section shall be held not
later than 60 days after the deadline for the person against whom
the penalty may be assessed to request a hearing.
(7) The secretary or Attorney General shall issue an order not
later than 90 days after a hearing or after the deadline for
requesting a hearing if no hearing is held.
(8) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund.
(9) In the case of a civil penalty imposed under this section
for a violation of ORS 260.407, the person against whom the
penalty is assessed:
(a) Is personally responsible for the payment of the civil
penalty;
(b) Shall pay the civil penalty from personal funds of the
person; and
(c) May not pay the civil penalty from contributions received
by a candidate { - or the - } { + , a candidate's + }
principal campaign committee { - of a candidate - } { + , a
political committee or a petition committee + }.
SECTION 11. ORS 305.758 is amended to read:
305.758. { + (1) + } A payment to a political party under ORS
305.757 is considered a contribution to that political party for
the purposes of ORS chapter 260.
{ + (2) Any moneys received by the treasurer of a political
party under ORS 305.757 for which a statement must be filed under
ORS chapter 260 shall be reported as received from the Oregon
Political Party Fund. The names of individual taxpayers are not
required to be disclosed for purposes of ORS chapter 260. + }
SECTION 12. ORS 246.410 is amended to read:
246.410. { + (1)(a) After each federal decennial census, the
Secretary of State shall prepare detailed and comprehensive
directives providing guidelines for fixing precinct and other
electoral district boundaries based on census population figures.
(b) After the federal decennial census and before the
Legislative Assembly or Secretary of State, whichever is
applicable, apportions the state into congressional and
legislative districts, the secretary shall deliver the directives
to:
(A) Each county clerk; and
(B) Any local government, as defined in ORS 174.116, or special
government body, as defined in ORS 174.117, that fixes electoral
district boundaries based on census population figures.
(2)(a) In accordance with any directive distributed by the
Secretary of State under this section, + } the county clerk, not
later than the 30th day before an election, may create, combine
or divide one or more precincts. The number of electors to be
included in a precinct shall not exceed 5,000. The county clerk
shall fix the boundaries of the precincts and designate the
precincts by numbers or names.
{ + (b) A local government or special government body that
fixes electoral district boundaries based on census population
figures shall fix the electoral district boundaries in accordance
with any directive distributed by the Secretary of State under
this section. + }
SECTION 13. ORS 246.410, as amended by section 3, chapter 720,
Oregon Laws 2009, is amended to read:
246.410. { - (1) The county clerk, not later than the 30th
day before an election, shall create, combine or divide one or
more precincts as necessary to ensure that: - }
{ - (a) Each precinct is part of the same congressional and
legislative districts. - }
{ - (b) Each precinct is contiguous. - }
{ - (c) The number of electors included in a precinct does
not exceed 5,000. - }
{ - (2) The county clerk shall fix the boundaries of the
precincts and designate the precincts by numbers or names. - }
{ - (3) If the number of electors in a precinct exceeds
5,000, the county clerk shall divide the precinct into two equal
precincts according to the provisions of subsection (1) of this
section. - }
{ - (4) Not later than 10 days after a county clerk creates,
combines or divides a precinct under this section, the clerk
shall notify the Secretary of State. - }
{ + (1)(a) After each federal decennial census, the Secretary
of State shall prepare detailed and comprehensive directives
providing guidelines for fixing precinct and other electoral
district boundaries based on census population figures.
(b) After the federal decennial census and before the
Legislative Assembly or Secretary of State, whichever is
applicable, apportions the state into congressional and
legislative districts, the secretary shall deliver the directives
to:
(A) Each county clerk; and
(B) Any local government, as defined in ORS 174.116, or special
government body, as defined in ORS 174.117, that fixes electoral
district boundaries based on census population figures.
(2)(a) In accordance with any directive distributed by the
Secretary of State under this section, the county clerk, not
later than the 30th day before an election, may create, combine
or divide one or more precincts. The number of electors to be
included in a precinct shall not exceed 5,000. The county clerk
shall fix the boundaries of the precincts and designate the
precincts by numbers or names.
(b) A local government or special government body that fixes
electoral district boundaries based on census population figures
shall fix the electoral district boundaries in accordance with
any directive distributed by the Secretary of State under this
section. + }
SECTION 14. Section 10, chapter 720, Oregon Laws 2009, is
amended to read:
{ + Sec. 10. + } { - (1)(a) The amendments to ORS 246.410
by section 3 of this 2009 Act become operative January 1,
2012. - }
{ - (b) The amendments to ORS 246.410 by section 3 of this
2009 Act apply to precincts on and after January 1, 2012. - }
{ - (2) - } { + (1) + } The amendments to ORS 254.545 by
section 4 { + , chapter 720, Oregon Laws 2009, + } { - of this
2009 Act - } apply to elections held on or after January 1,
2010.
{ - (3) - } { + (2) + } The amendments to ORS 250.105 by
section 5 { + , chapter 720, Oregon Laws 2009, + } { - of this
2009 Act - } apply to state initiative petitions and prospective
petitions for a state measure to be initiated that are filed with
the Secretary of State for the purpose of verifying whether the
petition contains the required number of signatures of electors
on or after { - the effective date of this 2009 Act - } { +
July 16, 2009 + }.
SECTION 15. ORS 260.432 is amended to read:
260.432. (1) No person shall attempt to, or actually, coerce,
command or require a public employee to influence or give money,
service or other thing of value to promote or oppose any
political committee or to promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder.
(2) No public employee shall solicit any money, influence,
service or other thing of value or otherwise promote or oppose
any political committee or promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder while on the job
during working hours. However, this section does not restrict the
right of a public employee to express personal political views.
(3) Each public employer shall have posted in a conspicuous
place likely to be seen by its employees the following notice in
printed or typewritten form:
_________________________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed by the law of the State of Oregon on
your political activities are that 'No public employee shall
solicit any money, influence, service or other thing of value or
otherwise promote or oppose any political committee or promote or
oppose the nomination or election of a candidate, the gathering
of signatures on an initiative, referendum or recall petition,
the adoption of a measure or the recall of a public office holder
while on the job during working hours. However, this section does
not restrict the right of a public employee to express personal
political views. '
It is therefore the policy of the state and of your public
employer that you may engage in political activity except to the
extent prohibited by state law when on the job during working
hours.
_________________________________________________________________
{ + (4) Nothing in this section prohibits an employee of the
legislative branch from explaining the vote of a member of the
Legislative Assembly on:
(a) An Act that has been referred to the people by law or
petition under section 1 (3), Article IV of the Oregon
Constitution;
(b) An Act for which a prospective referendum petition has been
filed under ORS 250.045; or
(c) A constitutional amendment or revision proposed under
section 1 or 2, Article XVII of the Oregon Constitution. + }
{ - (4) - } { + (5) + } As used in this section:
(a) 'Public employee' does not include an elected official or a
person appointed as a director to the board of a pilot education
service district under section 11, chapter 828, Oregon Laws 2005.
(b) 'Public employer' includes any board, commission,
committee, department, division or institution in the executive,
administrative, legislative or judicial branch of state
government, and any county, city, district or other municipal
corporation or public corporation organized for a public purpose,
including a cooperative body formed between municipal or public
corporations.
SECTION 16. ORS 260.432, as amended by section 8, chapter 589,
Oregon Laws 2007, is amended to read:
260.432. (1) No person shall attempt to, or actually, coerce,
command or require a public employee to influence or give money,
service or other thing of value to promote or oppose any
political committee or to promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder.
(2) No public employee shall solicit any money, influence,
service or other thing of value or otherwise promote or oppose
any political committee or promote or oppose the nomination or
election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a
measure or the recall of a public office holder while on the job
during working hours. However, this section does not restrict the
right of a public employee to express personal political views.
(3) Each public employer shall have posted in a conspicuous
place likely to be seen by its employees the following notice in
printed or typewritten form:
_________________________________________________________________
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed by the law of the State of Oregon on
your political activities are that 'No public employee shall
solicit any money, influence, service or other thing of value or
otherwise promote or oppose any political committee or promote or
oppose the nomination or election of a candidate, the gathering
of signatures on an initiative, referendum or recall petition,
the adoption of a measure or the recall of a public office holder
while on the job during working hours. However, this section does
not restrict the right of a public employee to express personal
political views. '
It is therefore the policy of the state and of your public
employer that you may engage in political activity except to the
extent prohibited by state law when on the job during working
hours.
_________________________________________________________________
{ + (4) Nothing in this section prohibits an employee of the
legislative branch from explaining the vote of a member of the
Legislative Assembly on:
(a) An Act that has been referred to the people by law or
petition under section 1 (3), Article IV of the Oregon
Constitution;
(b) An Act for which a prospective referendum petition has been
filed under ORS 250.045; or
(c) A constitutional amendment or revision proposed under
section 1 or 2, Article XVII of the Oregon Constitution. + }
{ - (4) - } { + (5) + } As used in this section:
(a) 'Public employee' does not include an elected official.
(b) 'Public employer' includes any board, commission,
committee, department, division or institution in the executive,
administrative, legislative or judicial branch of state
government, and any county, city, district or other municipal
corporation or public corporation organized for a public purpose,
including a cooperative body formed between municipal or public
corporations.
SECTION 17. { + (1) The amendments to ORS 247.025 by section 2
of this 2010 Act apply to registration cards delivered
electronically on or after the effective date of this 2010 Act.
(2) The amendments to ORS 247.295 by section 3 of this 2010 Act
apply to information received by the Secretary of State or county
clerk before, on or after the effective date of this 2010 Act.
(3) The amendments to ORS 250.048 by section 4 of this 2010 Act
apply to registrations issued by the Secretary of State before,
on or after the effective date of this 2010 Act.
(4) The amendments to ORS 253.690 by section 5 of this 2010 Act
apply to elections held on or after the effective date of this
2010 Act.
(5) The amendments to ORS 260.043 by section 7 of this 2010 Act
apply to calendar years beginning on or after January 1, 2011.
(6) The amendments to ORS 260.995 by section 10 of this 2010
Act apply to penalties imposed on or after the effective date of
this 2010 Act.
(7) The amendments to ORS 305.758 by section 11 of this 2010
Act apply to statements filed before, on or after the effective
date of this 2010 Act. + }
SECTION 18. { + (1) Pursuant to ORS 250.075 and
notwithstanding ORS 250.035, if House Joint Resolution 101 (2010)
is referred to the people by the Seventy-fifth Legislative
Assembly, the ballot title for House Joint Resolution 101 (2010)
shall be: + }
________________________________________________________________
{ + AMENDS CONSTITUTION: CONTINUES AND MODERNIZES AUTHORITY FOR
LOWEST COST BORROWING FOR COMMUNITY COLLEGES AND PUBLIC
UNIVERSITIES. + }
{ + RESULT OF 'YES' VOTE: 'Yes' vote continues and modernizes
state authority to issue lowest cost bonds to finance projects
for the benefit of community colleges and public
universities. + }
{ + RESULT OF 'NO' VOTE: 'No' vote rejects modernization of
authority to issue lowest cost bonds to finance projects for the
benefit of community colleges and public universities. + }
{ + SUMMARY: This measure continues and modernizes the state's
authority to use general obligation bonds, the lowest cost method
of borrowing, to finance projects for community colleges and
public universities. It does not increase the current limit on
borrowing. The measure clarifies that community colleges and
public universities may purchase existing buildings with the
proceeds of general obligation bonds. It also allows the Oregon
University System to use nontax revenues to determine whether
bonds to be issued under Article XI-F(1) are self-supporting. The
measure allows Article XI-F(1) and XI-G bond proceeds to be used
for the same parts of a project and to be used for mixed-use
projects that benefit higher education. It allows nontax revenues
to be used as matching funds for Article XI-G bond proceeds. + }
________________________________________________________________
{ + (2) ORS 250.085 does not apply to the ballot title
prepared under this section. The ballot title prepared under this
section shall be the ballot title printed in the voters' pamphlet
and printed on, or included with, the ballot.
(3) If House Joint Resolution 101 (2010) is referred to the
people by the Seventy-fifth Legislative Assembly:
(a) The estimate of financial impact for House Joint Resolution
101 (2010) to be printed in the voters' pamphlet shall comply
with the provisions of ORS 250.125, 250.127 and 250.131 except
that:
(A) The estimate shall be prepared and filed with the Secretary
of State not later than the date set by the secretary by rule.
(B) A petition filed under ORS 250.131 must be filed not later
than the date set by the secretary by rule.
(b) The explanatory statement to be printed in the voters'
pamphlet for House Joint Resolution 101 (2010) shall comply with
the provisions of ORS 251.205, 251.215, 251.225, 251.230 and
251.235 except that:
(A) A committee shall be appointed and the statement shall be
prepared and filed with the Secretary of State not later than the
dates set by the secretary by rule.
(B) A petition filed under ORS 251.235 must be filed not later
than the date set by the secretary by rule.
(c) Notwithstanding ORS 251.245 (2), the argument in support of
House Joint Resolution 101 (2010) to be printed in the voters'
pamphlet shall be: + }
________________________________________________________________
{ + A YES vote on this measure will save money for Oregon
taxpayers. A YES vote means more jobs for Oregonians. A YES vote
will help make certain that Oregonians have access to quality and
affordable higher education. + }
{ + Oregon's community colleges and public universities use
Article XI-F and Article XI-G bonds to finance their capital
needs. As enrollment increases, so too does the need for
additional classrooms and college and university facilities. + }
{ + Article XI-F(1) and Article XI-G bonds are the least
expensive financing option available to the state and provide
Oregon more for its money. This measure will ensure that Oregon's
community colleges and public universities can continue to use
Article XI-F(1) and Article XI-G bonds to finance existing
buildings, which can be less expensive than building new
facilities. + }
{ + A YES vote will enable the Oregon University System to
continue to use general obligation bonds, which have lower
interest rates and are therefore less expensive, and will save
taxpayer dollars. + }
{ + If this measure is not approved, the Oregon University
System will be forced to use more costly forms of financing to
pay for its capital needs. + }
________________________________________________________________
SECTION 19. { + The Secretary of State shall adopt rules
necessary to implement section 18 of this 2010 Act. + }
SECTION 20. { + Notwithstanding ORS 251.245 (2), the argument
in support of the measure submitted under House Joint Resolution
13 (2009) to be printed in the voters' pamphlet shall be: + }
________________________________________________________________
{ + Each year, more students pour into Oregon's schools. A
greater number of kids sit in school classrooms, play on school
playgrounds and exercise in school gyms. But our aging school
facilities do not reflect this rising enrollment. Schools are
havens for youth to learn, grow and succeed. It is our children
who pay the price when schools are not given the tools they need
to repair inadequate facilities and accommodate the growing
number of students in their hallways. + }
{ + By making two changes, the measure will provide K-12
schools with the ability to keep pace with facilities demands and
offer students a better learning environment. + }
{ + First, the measure defines 'capital costs' in section 11L,
Article XI of the Oregon Constitution, which specifies the
allowable expenditures of a local bond. The new definition is
broader and covers costs that have a useful life of more than one
year, including acquisition, construction, improvement,
remodeling, furnishing, equipping, maintenance or repair. Costs
of routine maintenance or supplies, however, are expressly
prohibited in the amended definition. + }
{ + Second, the measure adds a new Article to the Oregon
Constitution that allows the state to issue general obligation
bonds and incur bonded indebtedness to help pay for the cost of
local school capital construction. This new Article gives K-12
schools the same bonding authority as community colleges and the
Oregon University System. By giving school districts this bonding
authority, the state can stand with its schools and be a
financial partner in ensuring the education and future of
Oregon's children. This new Article in the Oregon Constitution
also creates a school capital matching fund. + }
{ + Oregon has a responsibility to its youth, a responsibility
to provide them the best education in the best facilities our
state can offer. The measure fulfills this obligation by allowing
schools to access the resources needed to create and maintain our
education facilities. + }
________________________________________________________________
SECTION 21. { + (1) Pursuant to ORS 250.075 and
notwithstanding ORS 250.035, if Senate Joint Resolution 48 (2010)
is referred to the people by the Seventy-fifth Legislative
Assembly, the ballot title for Senate Joint Resolution 48 (2010)
shall be: + }
________________________________________________________________
{ + AMENDS CONSTITUTION: AUTHORIZES LOWEST-COST BORROWING FOR
STATE'S REAL AND PERSONAL PROPERTY PROJECTS. + }
{ + RESULT OF 'YES' VOTE: 'Yes' vote authorizes lowest-cost
bonds to finance state owned or operated real and personal
property projects. Prohibits property tax for repayment. Limits
amount borrowed. + }
{ + RESULT OF 'NO' VOTE: 'No' vote rejects authorization for
state to issue lowest-cost general obligation bonds for real and
personal property projects owned or operated by the state. + }
{ + SUMMARY: The measure amends the Oregon Constitution to
authorize the state to issue general obligation bonds to finance
acquisition, construction, remodeling, repair, equipping or
furnishing of state owned or operated property. General
obligation bonds are the cheapest method of borrowing the state
may use and would cost less than the certificates of
participation the state currently uses. The bonds would save an
estimated $5 million on interest costs for each $100 million
issued. The measure does not authorize any specific bonds, but
authorizes the Legislative Assembly to enact implementing
legislation. The measure prohibits the levy of property taxes to
repay the bonds and limits the amount of outstanding bonds to one
percent of the real market value of property in the state. + }
________________________________________________________________
{ + (2) If a petition is filed under ORS 250.085 challenging
the ballot title provided in this section, the word limits
described in ORS 250.035 (2) do not apply for the purposes of
judicial review. + }
SECTION 22. { + (1) Pursuant to ORS 250.075 and
notwithstanding ORS 250.035, if Senate Joint Resolution 41 (2010)
is referred to the people by the Seventy-fifth Legislative
Assembly, the ballot title for Senate Joint Resolution 41 (2010)
shall be: + }
________________________________________________________________
{ + AMENDS CONSTITUTION: REQUIRES LEGISLATURE TO MEET ANNUALLY;
LIMITS LENGTH OF LEGISLATIVE SESSIONS; PROVIDES EXCEPTIONS.
RESULT OF 'YES' VOTE: 'Yes' vote requires Legislative Assembly to
meet each year, limits regular sessions to 165 days in
odd-numbered years and 45 days in even-numbered years, and allows
five-day extensions by two-thirds vote.
RESULT OF 'NO' VOTE: 'No' vote retains current law, requiring
regular sessions of Legislative Assembly only in odd-numbered
years, with no limit on length of sessions.
SUMMARY: The Oregon Constitution currently requires legislative
sessions to be held biennially. Current law permits the
Legislative Assembly to meet without a limit on the length of
session. This measure requires the Legislative Assembly to meet
each year, limits regular sessions to 165 calendar days in
odd-numbered years and 45 calendar days in even-numbered years,
and allows regular session to be extended by five days with an
affirmative vote of two-thirds of the members of each
chamber. + }
________________________________________________________________
{ + (2) If a petition is filed under ORS 250.085 challenging
the ballot title provided in this section, the word limits
described in ORS 250.035 (2) do not apply for the purposes of
judicial review. + }
SECTION 23. { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
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