153 sections in this chapter.
ORS 250.005 Definitions. As used in this chapter
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(1) “County clerk” means the county clerk or the county official in charge of elections. (2) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Constitution. (3) “Measure” includes any of the following submitted to the people for their approval or…
ORS 250.010 [Amended by 1957 c.608 §120; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 250.015 Form of petition; numbering of signature sheets; rules. The Secretary of State by rule shall
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(1) Design the form of the prospective petition, and the initiative and the referendum petition, including the signature sheets, to be used in any initiative or referendum in this state. (2) Designate the quality of paper to be used for signature sheets in order to ensure the leg…
ORS 250.020 [Amended by 1957 c.608 §121; 1961 c.121 §4; 1979 c.190 §232; 1979 c.519 §17; renumbered 254.085]
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[Repealed or reserved.]
ORS 250.025 Qualifications for signers of petition; removal of signatures. (1) Any elector may sign an initiative or referendum petition for any measure on which the elector is entitled to vote
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(2) After an initiative or referendum petition is submitted for signature verification, no elector who signed the petition may remove the signature of the elector from the petition. [Formerly 254.160; 1985 c.808 §24]
ORS 250.027 Signature on petition subject to inspection as public record; copy of signature on petition. (1) The signature of an individual that is submitted for verification on a petition or prospective petition that is circulated in accordance with the laws of this state is subject to inspection as a public record under ORS 192.311 to 192.478. The signature may be inspected in the office of the chief elections officer
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(2) The chief elections officer may not make a copy of, or provide to another person a copy of, an individual’s signature that has been submitted for verification on a petition or prospective petition that has been circulated in accordance with the laws of this state unless the c…
ORS 250.029 Withdrawal of initiative or referendum petition; form. (1) Except as provided in subsection (2) of this section, the chief petitioners of an initiative or referendum petition may withdraw the petition at any time prior to the submission of the petition for signature verification
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(2) The chief petitioners of an initiative petition relating to a state measure may withdraw the petition at any time prior to the submission of the total number of signatures required on the petition for signature verification. (3) The Secretary of State by rule shall design a f…
ORS 250.030 [Amended by 1957 c.608 §122; 1961 c.121 §5; 1979 c.190 §233; 1979 c.317 §8a; 1979 c.519 §18a; renumbered 254.095]
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[Repealed or reserved.]
ORS 250.031 Rules for conduct of election under Article XI, section 11, of Oregon Constitution. The Secretary of State shall adopt administrative rules for the conduct of elections under section 11, Article XI of the Oregon Constitution, that include but are not limited to provisions that
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(1) Set forth the requirements for an election to which section 11 (8), Article XI of the Oregon Constitution, is applicable that are consistent with the voter registration requirements of ORS chapter 247 and with the federal National Voter Registration Act of 1993 (P.L. 103-31);…
ORS 250.035 Form of ballot titles for state and local measures. (1) The ballot title of any measure, other than a state measure, to be initiated or referred shall consist of
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(a) A caption of not more than 10 words which reasonably identifies the subject of the measure; (b) A question of not more than 20 words which plainly phrases the chief purpose of the measure so that an affirmative response to the question corresponds to an affirmative vote on th…
ORS 250.036 Form of ballot title for measure subject to Article XI, section 11 (8), of Oregon Constitution; exception. (1) Notwithstanding any other provision of law, all ballot titles subject to section 11 (8), Article XI of the Oregon Constitution, shall include the following statement as the first statement of the ballot title summary
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______________________________________________________________________________ This measure may be passed only at an election with at least a 50 percent voter turnout. ______________________________________________________________________________ (2) As used in this section, “at …
ORS 250.037 Form of ballot title for measure requesting approval of certain bonds. (1) The ballot title of any measure requesting elector approval of bonds, the principal and interest on which will be payable from taxes imposed on property or property ownership that are not subject to the limitations of sections 11 and 11b, Article XI of the Oregon Constitution, shall contain, in addition to the matters required by ORS 250.035, the following statement immediately after the ballot title question and appearing with it, in this manner
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______________________________________________________________________________ Question: (herein the question is stated) If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of sections 11 and 11b, Article…
ORS 250.038 Form of ballot title for measure authorizing imposition or renewal of local option taxes or establishing permanent rate limitation. (1) In addition to meeting other applicable requirements of this chapter
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(a) The ballot title for a measure authorizing the imposition of local option taxes shall contain the statement required by ORS 280.070 (4) and the information required by ORS 280.070 (5); (b) The ballot title for a measure authorizing the establishment of a permanent rate limita…
ORS 250.039 [Formerly ORS 250.055; repealed by 1995 c.534 §19]
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[Repealed or reserved.]
ORS 250.040 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 250.041 Applicability of ORS 250.005 to 250.038 to counties and cities. ORS 250.005 to 250.038 apply to the exercise of initiative or referendum powers
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(1) Regarding a county measure, regardless of anything to the contrary in the county charter or ordinance. (2) Regarding a city measure, regardless of anything to the contrary in the city charter or ordinance. [1983 c.514 §11; 2005 c.797 §54]
ORS 250.042 Effect of failure of petition circulator to certify signature sheet. If a signature sheet of a petition is not certified by the circulator as required under ORS 198.430, 198.750, 221.031, 248.008, 249.061, 249.740, 249.865, 250.045, 250.165, 250.265, 255.135, 261.115 and 545.025, signatures contained on the signature sheet may not be counted for purposes of determining whether the petition contains the required number of signatures of electors. [2007 c.848 §8b]
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[Repealed or reserved.]
ORS 250.043 Acceptance of initiative or referendum petition without original signatures. (1) Notwithstanding ORS 250.105, 250.215, 250.315 and 255.175, an initiative or referendum petition for which original signatures are otherwise required may be accepted by the appropriate filing officer for signature verification with photographic copies of one or more signature sheets if
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(a) The signature sheets containing the original signatures were stolen or destroyed by fire, a natural disaster or other act of God; and (b) The photographic copy of each original signature sheet contains the number of the original signature sheets prescribed by the Secretary of…
ORS 250.044 When actions challenging constitutionality of state measure must be filed in Marion County Circuit Court. (1) An action that challenges the constitutionality of a measure initiated by the people or referred to the people for a vote must be commenced in the Circuit Court for Marion County if
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(a) The action is filed by a plaintiff asserting a claim for relief that challenges the constitutionality of a state statute or an amendment to the Oregon Constitution initiated by the people or referred to the people under section 1 (1) to (4), Article IV of the Oregon Constitut…
ORS 250.045 Prospective petition; signature requirement; cover and signature sheet requirements; rules. (1)(a) Before circulating a petition to initiate or refer a state measure under Article IV, section 1, of the Oregon Constitution, the petitioner shall file with the Secretary of State a prospective petition
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(b) The prospective petition for a state measure to be initiated: (A) Shall contain the signatures of at least 1,000 electors; and (B) May not contain the signatures of more than 2,000 electors. (c) The signature sheets for a state measure to be initiated must be attached to a fu…
ORS 250.048 Registration and training for paid petition circulators; requirements; effect of failure to register; criminal records check; registration of organizations that pay petition circulators; rules. (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
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(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…
ORS 250.050 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 250.052 Official templates of cover and signature sheets; electronic template; rules. (1)(a) For each state initiative, referendum or recall petition, the Secretary of State shall prepare official templates of the cover and signature sheets for the petition. Except as provided in this section, templates of cover and signature sheets for state initiative and referendum petitions are subject to the requirements of ORS 250.045. The templates of signature sheets to be used by persons who are being paid to obtain signatures on the petition shall be a different color from the sheets to be used by persons who are not being paid to obtain signatures on the petition
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(b) For each prospective petition for a state measure to be initiated the secretary shall prepare official templates of the cover and signature sheets. The templates of signature sheets to be used by persons who are being paid to obtain signatures on the prospective petition shal…
ORS 250.055 [1979 c.675 §3; 1981 c.145 §1; renumbered 250.039]
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[Repealed or reserved.]
ORS 250.060 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 250.062 Identical draft ballot titles required for certain state measures. If the Attorney General determines that the subject, purpose and major effect of two or more state initiative measures to be submitted at the same election are substantially similar, the Attorney General shall provide identical draft ballot titles for the measures. [2009 c.566 §2]
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[Repealed or reserved.]
ORS 250.065 Preparation of ballot titles for certain state measures. (1) When a prospective petition for a state measure to be referred is filed with the Secretary of State, the secretary shall authorize the circulation of the petition using the final measure summary of the latest version of the printed, engrossed measure in lieu of the ballot title. On the next business day after the referendum petition has been filed containing the required number of verified signatures, the Secretary of State shall send one copy of the prospective petition to the Attorney General
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(2) When an approved prospective petition for a state measure to be initiated is filed with the Secretary of State, the secretary immediately shall send one copy of it to the Attorney General. (3) Not later than the fifth business day after receiving the copy of the prospective p…
ORS 250.067 Notice of draft ballot title; written comments; certification of title; correction of clerical errors; rules. (1) The Secretary of State, upon receiving a draft ballot title from the Attorney General under ORS 250.065 or 250.075, shall provide reasonable statewide notice of having received the draft ballot title and of the public’s right to submit written comments as provided in this section. Written comments concerning a draft ballot title may be submitted to the secretary not later than the 10th business day after the secretary receives the draft title from the Attorney General. On the next business day after the deadline for submitting comments, the secretary shall send a copy of all written comments to the Attorney General. The secretary shall maintain a record of written comments received
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(2)(a) If written comments are submitted to the secretary under subsection (1) of this section, the Attorney General shall consider the comments and certify to the secretary either the draft ballot title or a revised ballot title not later than the 10th business day after receivi…
ORS 250.070 [Amended by 1957 c.608 §123; 1961 c.121 §6; 1979 c.190 §234; renumbered 254.107]
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[Repealed or reserved.]
ORS 250.075 Preparation of ballot titles by Legislative Assembly. (1) When the Legislative Assembly refers a measure to the people, a ballot title for the measure may be prepared by the assembly. The ballot title shall be filed with the Secretary of State when the measure is filed with the Secretary of State
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(2) If the title is not prepared under subsection (1) of this section, when the measure is filed with the Secretary of State, the secretary shall send one copy of the referred measure to the Attorney General. Not later than the 30th day after the Legislative Assembly adjourns, th…
ORS 250.080 [Amended by 1979 c.190 §242; renumbered 254.185]
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[Repealed or reserved.]
ORS 250.085 Procedure for elector dissatisfied with ballot title of state measure; Supreme Court review of title. (1) Any elector dissatisfied with a ballot title prepared by the Legislative Assembly for a measure referred to the people by the assembly and filed with the Secretary of State may petition the Supreme Court seeking a different title. The petition shall state the reasons that the title filed with the Secretary of State does not substantially comply with the requirements of ORS 250.035
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(2) Any elector dissatisfied with the latest ballot title for an initiated or referred measure certified by the Attorney General and who timely submitted written comments on the draft ballot title may petition the Supreme Court seeking a different title. The petition shall state …
ORS 250.090 [Amended by 1957 c.608 §124; 1979 c.190 §243; renumbered 254.195]
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[Repealed or reserved.]
ORS 250.095 State measures affecting a county or district. A law enacted by the Legislative Assembly relating only to a county or district may be referred by the Legislative Assembly or by petition to the people of the county or district. The percentage of signatures required under section 1, Article IV, Oregon Constitution, for a referendum petition filed under this section shall be based on the vote for Governor within the county or district. [1979 c.190 §148]
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[Repealed or reserved.]
ORS 250.100 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 250.105 Petition filing requirements; monthly filing; signature verification; rules. (1)(a) An initiative or referendum petition relating to a state measure must be filed with the Secretary of State for the purpose of verifying whether the petition contains the required number of signatures of electors
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(b) Signatures previously verified on a prospective petition for a state measure to be initiated shall be included in the calculation under this section for the purpose of verifying whether the initiative petition contains the required number of signatures of electors. (c) When f…
ORS 250.110 [Amended by 1953 c.632 §6; 1957 c.608 §126; 1961 c.170 §2; subsection (7) enacted as 1967 c.26 §4; 1977 c.508 §6; 1979 c.190 §237; renumbered 254.135]
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[Repealed or reserved.]
ORS 250.115 Numbering of state measures. (1) The Secretary of State shall number the measures to be voted on in the state at large consecutively and shall not repeat any number in any subsequent election. For each election, the numbers assigned shall begin with the number after the last number assigned under this section at the previous election. The Secretary of State shall number amendments to the Oregon Constitution referred to the people by the Legislative Assembly in the order that the amendments are filed with the Secretary of State, followed immediately in number by Acts of the Legislative Assembly submitted to the people for approval or rejection in the order that the Acts are filed with the Secretary of State, followed immediately in number by initiative or referendum petitions in the order that the petitions are filed for signature verification with the Secretary of State
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(2) The Secretary of State shall number state measures not referred to under subsection (1) of this section consecutively, beginning with the number after the last number assigned under subsection (1) of this section, in the order in which the measures are filed with the secretar…
ORS 250.120 [Amended by 1953 c.632 §6; repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 250.121 [1957 c.608 §130; 1961 c.68 §2; 1979 c.190 §244; renumbered 254.205]
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[Repealed or reserved.]
ORS 250.125 Estimate of financial impact of state measures; financial estimate committee; application to Native American or American Indian tribal governments; notice in voters’ pamphlet if no funding source identified. (1) When a state measure involves expenditure of public moneys by the state, reduction of expenditure of public moneys by the state, reduction of state revenues or raising of funds by the state by imposing any tax or incurring any indebtedness, the financial estimate committee created under this section shall estimate
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(a) The amount of direct expenditure, direct reduction of expenditure, direct reduction in state revenues, direct tax revenue or indebtedness and interest that will be required to meet the provisions of the measure if it is enacted; and (b) The aggregate amount of direct expendit…
ORS 250.127 Preparation and filing of estimates and statements of financial impact of state measure. (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, statements explaining the financial effects of the measure as described in ORS 250.125 (7) and (8). The financial estimate committee may begin preparation of the estimates and statements 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
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(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 statements or to receive other information. At the hearing any person may submit suggested c…
ORS 250.130 [Repealed by 1957 c.608 §231]
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[Repealed or reserved.]
ORS 250.131 Court review of procedures under which estimates and statements of financial impact of state measure were prepared. (1) Any person alleging that an estimate or statement described in ORS 250.125 was prepared, filed or certified in violation of the procedures specified in ORS 250.125 or 250.127 may petition the Supreme Court seeking that the required procedures be followed and stating the reasons the estimate or statement filed with the court does not satisfy the required procedures. A petition is not allowed concerning the contents of the estimate or statement or whether an estimate or statement should be prepared
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(2) If the petition is filed not later than the 85th day before the election at which the measure is to be voted upon, the court shall review the procedures under which the estimate or statement was prepared, filed and certified, hear arguments and determine whether the procedure…
ORS 250.135 Retention of petition materials. The Secretary of State shall retain the signature sheets of a filed initiative or referendum petition with a copy of the state measure. If the measure is approved by the people, the signature sheets and copy of the measure shall be bound with a certified copy of the Governor’s proclamation declaring the measure approved. A copy of the measure and the Governor’s proclamation shall be preserved as a permanent public record. The signature sheets shall be preserved for six years. [1979 c.190 §152]
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[Repealed or reserved.]
ORS 250.137 Citizens’ Initiative Review Commission; members; term of office; rules. (1) The Citizens’ Initiative Review Commission is established as a semi-independent state agency subject to ORS 182.456 to 182.472. The commission shall consist of 11 members. The members shall be appointed in the following manner
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(a) The Governor shall appoint three members who have at some time been selected by the four appointed members of an explanatory statement committee under ORS 251.205 (5) to prepare an explanatory statement, as follows: (A) One member recommended by the leadership of the Democrat…
ORS 250.139 Citizen panels; composition; compensation; selection and review of certain state measures; moderators; rules. (1) The Citizens’ Initiative Review Commission shall select one or more state measures proposed by initiative petition to be voted on at a general election and convene a separate citizen panel to review each selected measure
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(2) In selecting a measure to be reviewed by a citizen panel, the commission shall consider the following criteria: (a) The fiscal impact of a measure. (b) Whether the measure amends the Oregon Constitution. (c) The availability of funds to conduct reviews. (d) Any other criteria…
ORS 250.140 [Amended by 1957 c.608 §127; repealed by 1979 c.190 §431]
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[Repealed or reserved.]
ORS 250.141 Citizen panel statements; preparation; inclusion in voters’ pamphlet; rules. (1) Not later than the date set by the Secretary of State by rule, each citizen panel shall prepare and file with the secretary any of the following statements of not more than 250 words each
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(a) A statement in favor of the measure. (b) A statement opposed to the measure. (c) A statement that “No panelist took this position.” if a panel is unanimous in either supporting or opposing a measure. (d) A statement of key findings that summarizes the citizen panel’s findings…
ORS 250.143 Evaluation of citizen panel procedures; findings and recommendations; appointment of certain commission members. (1) Not later than February 1 of an odd-numbered year, each person who served as a moderator for a citizen panel that evaluated a measure voted on at the most recent general election shall
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(a) Convene to evaluate procedures related to the citizen panels and submit a written report to the Citizens’ Initiative Review Commission summarizing the evaluation, along with any recommendations; and (b) Appoint two moderators from among the moderators convened for the evaluat…