Chapter 255 — Chapter 255

ORS 255.001 [1973 c.155 §2 (enacted in lieu of 255.011); 1975 c.766 §21; repealed by 1979 c.190 §431]

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ORS 255.005 Definitions. As used in this chapter

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ORS 255.010 [Repealed by 1957 c.608 §231]

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ORS 255.011 [1957 c.608 §190; 1965 c.39 §1; 1971 c.733 §1; repealed by 1973 c.155 §1 (255.001 enacted in lieu of 255.011)]

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ORS 255.012 “District” defined. As used in this chapter, “district” means

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ORS 255.013 [1971 c.94 §2; 1973 c.264 §1; repealed by 1979 c.190 §431]

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ORS 255.015 [1967 c.309 §2; 1969 c.401 §1; 1971 c.733 §4; 1973 c.794 §17; repealed by 1979 c.190 §431]

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ORS 255.018 [1967 c.309 §3; 1979 c.190 §185; renumbered 251.155]

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ORS 255.020 [Repealed by 1957 c.608 §231]

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ORS 255.022 Procedures for district elections; metropolitan service district candidates. (1) Except as otherwise specifically provided in this section or by the law under which the district is formed or is operating, a district election shall be conducted in accordance with this chapter

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ORS 255.025 [1955 c.154 §1; 1973 c.400 §1; 1975 c.766 §22; 1979 c.190 §174; renumbered 251.026]

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ORS 255.027 [1971 c.733 §2; 1975 c.766 §6; 1979 c.190 §179; renumbered 251.085]

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ORS 255.028 [1973 c.155 §4; 1975 c.766 §23; repealed by 1979 c.190 §431]

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ORS 255.029 [1973 c.155 §5; 1975 c.766 §7; repealed by 1979 c.190 §431]

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ORS 255.030 [Repealed by 1957 c.608 §231]

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ORS 255.031 [1957 c.608 §192; 1959 c.457 §1; 1963 c.144 §1; 1969 c.82 §1; 1971 c.94 §6; 1973 c.658 §1; 1975 c.766 §8; 1975 c.779 §29; 1979 c.190 §177; 1979 c.533 §1; renumbered 251.065]

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ORS 255.035 Authority of elections officer to obtain advice and assistance. In performing functions under this chapter, the elections officer may request the advice and assistance of the district elections authority or the officers of the district. Upon receipt of a request, a district elections authority or the officer of a district shall furnish advice and assistance to the maximum extent practicable. [Formerly 259.160]

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ORS 255.040 [Amended by 1957 c.608 §193; 1959 c.457 §2; 1979 c.190 §176; renumbered 251.055]

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ORS 255.045 Notice of change of district boundary. If the boundary of a district is changed, the district board immediately shall send a certified copy of the order, resolution or other action changing the boundary to the elections officer. [1979 c.190 §285]

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ORS 255.050 [Amended by 1955 c.96 §1; repealed by 1957 c.608 §231]

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ORS 255.051 [1957 c.608 §194; 1959 c.457 §3; 1969 c.329 §1; 1975 c.766 §9; 1975 c.779 §30; 1979 c.190 §180; 1979 c.533 §3; renumbered 251.095]

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ORS 255.055 Delegation to district elections authority of responsibility to conduct district election. Except as provided in ORS 255.400 to 255.424, the elections officer may delegate to the district elections authority at the request of the district elections authority any responsibility to conduct the district election, in whole or in part, if the elections officer determines that

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ORS 255.060 [Repealed by 1957 c.608 §231]

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ORS 255.061 [1957 c.608 §195; 1961 c.532 §1; 1969 c.83 §1; 1971 c.94 §7; 1975 c.766 §10; 1977 c.364 §1; 1979 c.190 §186; renumbered 251.165]

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ORS 255.062 Date of election on measure referred by district elections authority. Unless specifically provided otherwise, when the district elections authority of a district that holds regular district elections refers a measure to the electors of the district, the election on the measure shall be held on a district election date specified by the district elections authority in the order calling the election. The election date may not be sooner than the first available election date in ORS 255.345 (1) for which the filing deadline can be met after the date of the order calling the election and may not be later than the next regular district election following the 61st day after the date of the order. [1983 c.350 §72; 1985 c.808 §40; 1989 c.923 §13]

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ORS 255.069 Delivery and preparation of form for updating information on members of district boards; rules. (1) Not later than the 115th day before a regular district election, or not later than the 135th day before a district election held on the date of a primary election or general election, the elections officer shall deliver to each district elections authority a form for updating information on members of district boards. The form shall include, at a minimum, the district offices to be filled or for which candidates are to be nominated or elected at the next district election and information concerning the candidates

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ORS 255.070 [Repealed by 1957 c.608 §231]

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ORS 255.075 Publication of notice of district election to elect district board or district school board; notice by mail; rules. (1) When a district election is to be held for the purpose of electing members of the district board, the elections officer shall publish a notice stating the date of the election, the board positions to be voted upon and the latest date on which candidates for election as board members may file petitions for nomination or declarations of candidacy. The elections officer shall deliver the notice to be printed to a newspaper of general circulation in the district not later than the 40th day before the last day for filing a petition for nomination or declaration of candidacy. The notice shall be printed once in the next available edition of the newspaper after the deadline for filing the notice

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ORS 255.080 [Repealed by 1957 c.608 §231]

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ORS 255.085 Notice of district election on issuance of bonds or on other measure. (1)(a) Not later than the 61st day before a district election on a measure, the district elections authority shall deliver to the elections officer a notice stating the date of the election and a ballot title. The district elections authority shall prepare the ballot title for a measure referred by the authority with the assistance of the district attorney for the county of the elections officer or an attorney employed by the district elections authority. The district elections authority shall include the ballot title for the measure at the time the measure is submitted to the elections officer

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ORS 255.090 [Repealed by 1957 c.608 §231]

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ORS 255.095 [Formerly 259.100; 1983 c.379 §3; 1999 c.410 §64; repealed by 2007 c.154 §67]

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ORS 255.115 Definitions for ORS 255.125 to 255.205. As used in ORS 255.125 to 255.205, “district” means a district referred to in section 1 (5), Article IV, Oregon Constitution. [1979 c.190 §290]

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ORS 255.125 Application of ORS 255.135 to 255.205. ORS 255.135 to 255.205 carry out the provisions of section 1, Article IV, Oregon Constitution, and shall apply to the exercise of initiative or referendum powers by the people of a district regarding a district measure. [1979 c.190 §291]

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ORS 255.135 Prospective petition; cover and signature sheet requirements; circulation; filing deadline. (1) Before circulating a petition to initiate or refer a district measure, the petitioner shall file with the elections officer a prospective petition. The elections officer immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The officer shall retain the prospective petition

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ORS 255.140 Determination of compliance with constitutional provisions; notice; appeal. (1) Not later than the fifth business day after receiving a prospective petition for an initiative measure, the elections officer shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution

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ORS 255.145 Preparation of ballot title for certain measures; notice. (1) When a prospective petition for a district measure to be referred is filed with the elections officer, the officer shall authorize the circulation of the petition containing the title of the measure as enacted by the district elections authority or, if there is no title, the title supplied by the petitioner filing the prospective petition. The elections officer immediately shall send one copy of the prospective petition to the district attorney of the county in which the administrative office of the district is located

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ORS 255.155 Procedure for elector dissatisfied with title of district measure. (1) Any elector dissatisfied with a ballot title filed with the elections officer by the district attorney or district elections authority may petition the circuit court of the judicial district in which the administrative office of the district is located seeking a different title and stating the reasons the title filed with the court is insufficient, not concise or unfair. The petition shall name as respondent the district attorney or district elections authority, depending on who prepared the ballot title, and must be filed not later than the seventh business day after the title is filed with the elections officer. The court shall review the title and measure to be initiated or referred, hear arguments, if any, and certify to the elections officer a title for the measure which meets the requirements of ORS 250.035

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ORS 255.165 Signature requirements. (1) Except for a district measure of the Port of Portland, a metropolitan service district organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a metropolitan statistical area with a population exceeding 400,000, other than a mass transit district measure relating to a route, schedule or fare change, a petition to refer or initiate a district measure must be signed by a number of electors registered in the district that

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ORS 255.175 Filing officer; filing requirements; verification of signatures. (1) An initiative or referendum petition relating to a district measure shall be filed with the elections officer for signature verification. The filed petition shall contain only original signatures

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ORS 255.185 Date of election on measure initiated or referred by electors. (1) In a district that holds regular district elections, if an initiative or referendum petition contains the required number of verified signatures, the election on the district measure shall be held on the third Tuesday in May, the first Tuesday after the first Monday in November or the date of the next scheduled regular district election. The election date may not be sooner than the next available date listed in this subsection for which the filing deadline may be met and may not be later than the first regular district election following the 40th day after the date of the order calling the election

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ORS 255.195 [1979 c.190 §298; 1985 c.471 §13; repealed by 1987 c.724 §7]

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ORS 255.205 Retention of petition materials. The elections officer shall retain the signature sheets of a filed initiative or referendum petition with a copy of the district measure. If the measure is approved by the district electors, a copy of the measure shall be preserved as a permanent public record, and the signature sheets shall be preserved for six years. [1979 c.190 §299]

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ORS 255.210 [Repealed by 1957 c.608 §231]

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ORS 255.211 [1957 c.608 §197; 1961 c.49 §3; 1971 c.94 §3; 1971 c.733 §5; 1973 c.658 §2; 1975 c.766 §11; 1979 c.190 §181; renumbered 251.115]

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ORS 255.215 Notice by mail in lieu of or in addition to newspaper publication. In lieu of or in addition to publication of notice under ORS 255.085, if it is expedient to do so the elections officer may give notice by mail to each elector of the district. The notice shall have postage prepaid and shall be considered given when mailed. Mailed notice of a district election under ORS 255.085 shall be made not later than three days after receipt of the ballot title. Proof of mailing shall be by affidavit of the elections officer. The affidavit shall state the time and place the notice was mailed. [Formerly 259.110; 1981 c.173 §33; 1981 c.639 §7; 1985 c.808 §45; 1991 c.107 §14; 2007 c.154 §51]

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ORS 255.220 [Amended by 1957 c.608 §198; repealed by 1979 c.190 §431]

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ORS 255.230 [Repealed by 1957 c.608 §231]

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ORS 255.231 [1957 c.608 §199; 1959 c.457 §4; 1971 c.94 §4; 1971 c.733 §6; 1973 c.658 §4; 1975 c.766 §12; repealed by 1979 c.190 §431]

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ORS 255.235 Nomination of candidates for election to district boards; withdrawal. Except as provided in ORS 255.400 to 255.424

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