Oregon Chapter 251
Chapter 251 — Voters’ PamphletDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 251 —
Voters’ Pamphlet
2007 EDITION
VOTERS’ PAMPHLET
ELECTIONS
STATE VOTERS’ PAMPHLET GENERALLY
251.005 Definitions
251.008 Joint
production of state and county voters’ pamphlet
251.012 Size,
format and distribution of voters’ pamphlet
251.016 Disposition
of fee
251.022 Voters’
pamphlet for election to fill vacancy in office of United States Senator or
Representative in Congress
251.026 Statements
and information included in voters’ pamphlets
251.046 Content
of statements and arguments
251.049 Names
or titles of persons or names of organizations excluded from arguments and
statements; exceptions; prohibitions
251.055 Type
of material to be excluded from pamphlet; liability for libel; procedure if
material excluded; rules
251.065 Filing
portrait and statement by or for candidate; format of statement; rules
251.067 Inclusion
of portrait and statement of candidate for county, city or metropolitan service
district office; inclusion of county measure or metropolitan service district
measure
251.069 Map
of metropolitan service district to be printed in certain pamphlets
251.075 Portrait
requirements; rules
251.085 Format
of candidate’s statement
251.087 Secretary
of State review of candidate portrait and statement; procedure if portrait or
statement must be revised; rules
251.095 Fees
for candidate space in voters’ pamphlet; use of space
251.115 Statement
of statewide and less than statewide political party or assembly; size; fees
251.125 Identification
of portrait or statement; disclaimer
251.135 Refund
of filing fee
251.145 Exemption
from public records law
251.155 Statements
and arguments inadmissible in action to enjoin publication of pamphlet
251.165 Preparing
material for inclusion in state voters’ pamphlet
251.175 Distribution
of pamphlet; rules for nonstatewide special elections
STATE INITIATIVE AND REFERENDUM PAMPHLET
251.185 Measures,
estimates, statements and arguments included in voters’ pamphlet; county and
metropolitan service district measures
251.195 Form
for printing proposed constitutional amendment
251.205 Appointment
of committee to draft explanatory statement of measure proposed by initiative
or referendum
251.215 Preparation
and filing of explanatory statement of measure
251.225 Preparation
and filing of explanatory statement by Legislative Counsel Committee; when
explanatory statement of committee used
251.230 Effect
if explanatory statement not filed
251.235 Supreme
Court review of explanatory statement; service requirements
251.245 Committee
to prepare and file argument in support of measure referred by legislature
251.255 Filing
arguments for or against measure; fee or petition; size of argument space;
rules
251.260 Secretary
of State review of arguments for error in identification of measure number or
designation of support or opposition to measure; changes allowed
251.265 Author
of argument, author’s organization and disclaimer to be included in voters’
pamphlet
251.285 Inclusion
of county measure or metropolitan service district measure in voters’ pamphlet
251.295 Radio
and television broadcasts to supplement pamphlet
251.305 County
voters’ pamphlet
251.315 Information
required to be included in voters’ pamphlet; deadline for distribution
251.325 Schedule
and procedures for producing and distributing pamphlet; fees; rules
251.335 Filing
portrait and statement by or for candidate; disclaimer
251.345 Explanatory
statement
251.355 Filing
arguments for or against measure
251.358 Omission
from voters’ pamphlet of ballot titles, explanatory statements and arguments
for certain measures
251.365 Cost
of pamphlet preparation; allocation of revenue
251.375 Exception
to ORS 251.365 for certain districts
251.385 “Electoral
district” defined for ORS 251.345 to 251.375
251.395 Content
of statements and arguments; notice of material that may be excluded
251.405 Names
or titles of persons or names of organizations excluded from arguments and
statements; exceptions; prohibitions
251.415 Type
of material to be excluded from pamphlet; liability for libel; procedure if
material excluded
251.425 Format
of candidate’s statement
251.430 Exemption
from public records law
251.435 Statements
and arguments inadmissible in action to enjoin publication of pamphlet
STATE VOTERS’ PAMPHLET GENERALLY
251.005
Definitions. As used in this
chapter:
(1) “Candidate” means an individual whose
name is or is expected to be printed on the official ballot.
(2) “City office” means the office of
mayor, city auditor, city councillor or municipal judge of a city having a
population of 50,000 or more according to the most recent determination made
under ORS 190.510 to 190.610.
(3) “County clerk” means the county clerk
or the county official in charge of elections.
(4) “Elector” means an individual qualified
to vote under section 2, Article II, Oregon Constitution.
(5) “Measure” includes any of the
following submitted to the people for their approval or rejection at an
election:
(a) A proposed law.
(b) An Act or part of an Act of the
Legislative Assembly.
(c) A revision of or amendment to the
Oregon Constitution.
(d) Local, special or municipal
legislation.
(e) A proposition or question. [1979 c.190
§172; 1981 c.173 §28; 1983 c.123 §1; 1983 c.392 §4; 1987 c.432 §1; 2003 c.14 §118]
251.008
Joint production of state and county voters’ pamphlet. Notwithstanding any other provision of law,
the Secretary of State and a county may enter into an intergovernmental
agreement as provided in ORS 190.003 to 190.130 under which the Secretary of
State and the county clerk of the county may jointly produce a voters’ pamphlet
for any election as provided under this chapter or any other law relating to
production and distribution of a voters’ pamphlet. [1993 c.3 §2 and 1993 c.604 §9]
251.010 [Repealed by 1957 c.217 §9]
251.012
Size, format and distribution of voters’ pamphlet. The Secretary of State by rule shall
prescribe the size, format and method of distribution of any state voters’
pamphlet, subject to the limits described in this chapter. [1999 c.318 §7]
251.015 [1957 c.217 §1; 1979 c.190 §314; renumbered
258.006]
251.016
Disposition of fee. The
Secretary of State shall pay fees received under this chapter into the General
Fund. [1979 c.190 §173]
251.020 [Repealed by 1957 c.217 §9]
251.022
Voters’ pamphlet for election to fill vacancy in office of United States
Senator or Representative in Congress. (1) If a special election or special primary election is held under
ORS 188.120 for the purpose of filling a vacancy in election or office of
United States Senator or Representative in Congress, or for nominating a
candidate of each major political party to fill the vacancy, the Secretary of
State shall prepare a voters’ pamphlet for each election.
(2) A voters’ pamphlet prepared under
subsection (1) of this section shall contain information about the candidates
for nomination or election to the office of United States Senator or
Representative in Congress at the special election or special primary election.
[1999 c.318 §6]
251.025 [1957 c.217 §2; 1979 c.190 §315; renumbered
258.016]
251.026
Statements and information included in voters’ pamphlets. (1) The Secretary of State shall prepare and
have printed in the voters’ pamphlet for the state primary election, the
general election and any special election described in ORS 251.022 a statement
containing, if applicable:
(a) Requirements for a citizen to qualify
as an elector.
(b) When an elector is required to
register or update a registration.
(c) In the voters’ pamphlet for the
primary election, a statement of the duties and responsibilities of a precinct
committeeperson to be elected at the primary election.
(d) Any other information the Secretary of
State considers relevant to the conduct of the election.
(2) The Secretary of State shall include a
statement on the cover of the voters’ pamphlet that the pamphlet may be used to
assist electors in voting.
(3) The Secretary of State may include in
the voters’ pamphlet the following information:
(a) Maps showing the boundaries of
senatorial and representative districts.
(b) Voter registration forms.
(c) Elector instructions, including the
right of an elector to request a second ballot if the first ballot is spoiled
and the right of an elector to seek assistance in marking the ballot. [Formerly
255.025; 1987 c.267 §24; 1991 c.719 §§23,24; 1993 c.713 §28; 1993 c.797 §21a;
1995 c.712 §35; 1999 c.318 §9; 1999 c.410 §25]
251.030 [Repealed by 1957 c.217 §9]
251.035 [1957 c.217 §3; 1979 c.190 §316; renumbered
258.026]
251.036 [1979 c.533 §6; 1993 c.493 §91; 1999 c.318 §52;
renumbered 251.069 in 1999]
251.040 [Repealed by 1957 c.217 §9]
251.045 [1957 c.217 §4; 1975 c.675 §21; 1979 c.190 §317;
renumbered 258.036]
251.046
Content of statements and arguments. (1) Statements and arguments submitted for inclusion in a voters’
pamphlet by a candidate, political party or assembly of electors, or a person
supporting or opposing a measure shall consist only of words or numbers.
(2) The Secretary of State shall specify
on any instructions for filing a statement, argument or other material in the
voters’ pamphlet that the statement, argument or material may be excluded under
ORS 251.055. [1979 c.190 §175; 1993 c.351 §3]
251.049
Names or titles of persons or names of organizations excluded from arguments
and statements; exceptions; prohibitions. (1) Except as provided in subsection (2) of this section, the
Secretary of State may not print the name or title of a person or the name of
an organization in an argument supporting or opposing any measure or a
statement of any candidate, political party or assembly of electors filed for
inclusion in the voters’ pamphlet, if the name or title of the person or the
name of the organization is cited as supporting or indorsing the argument or
statement.
(2) The Secretary of State may print the
name or title of a person or the name of an organization in an argument or
statement submitted for inclusion in the voters’ pamphlet as supporting or
indorsing the argument or statement if:
(a) Not later than the deadline for filing
an argument or statement with the Secretary of State, the secretary receives a
statement signed by the person, or by an authorized person on behalf of an
organization, stating that the person consents to the use of the name or title
of the person or the name of the organization; or
(b) The name or title of a person or the
name of an organization is used with a quotation made by the person or by an
authorized person on behalf of an organization, the quotation was disseminated
to the public prior to its inclusion in the argument or statement and the
quotation is identified by its source and date.
(3) A person may not:
(a) Submit a false signature under
subsection (2) of this section; or
(b) Alter the manner in which a person
signing a statement of consent described in subsection (2) of this section
designates the person’s name or title or the name of the organization the
person represents to appear in the argument or statement. This paragraph does
not prohibit revisions allowed or required under ORS 251.055 or 251.087. [1987
c.724 §2; 1991 c.719 §47; 1993 c.493 §108; 2001 c.564 §1; 2003 c.233 §2]
251.050 [Repealed by 1957 c.217 §9]
251.055
Type of material to be excluded from pamphlet; liability for libel; procedure
if material excluded; rules.
(1) The Secretary of State shall reject any statement, argument or other matter
offered for filing and printing in a voters’ pamphlet which:
(a) Contains any obscene, profane or
defamatory language;
(b) Incites or advocates hatred, abuse or
violence toward any person or group; or
(c) Contains any language which may not
legally be circulated through the mails.
(2) Nothing in this chapter shall make the
author of any statement or argument exempt from any civil or criminal action
because of any defamatory statements offered for printing or contained in the
voters’ pamphlet. The persons writing, signing or offering a statement or
argument for filing shall be deemed its authors and publishers.
(3) The Secretary of State by rule shall
establish a procedure to notify a person who offered a statement, argument or
other matter that was rejected pursuant to this section. Subject to voters’
pamphlet deadlines, the procedure shall require the Secretary of State to:
(a) Make reasonable attempts to notify the
person of the rejection; and
(b) Allow the person, if notified pursuant
to paragraph (a) of this subsection, to revise the statement so that it does
not violate the provisions of this section. [Formerly 255.040; 1993 c.351 §1]
251.060 [1957 c.217 §5; 1979 c.190 §318; renumbered
258.046]
251.065
Filing portrait and statement by or for candidate; format of statement; rules. (1) Not later than the 68th day before the
primary election, any candidate or agent on behalf of the candidate for
nomination or election at the primary election to the office of President or
Vice President of the United States, United States Senator, Representative in
Congress or any state office as defined in ORS 249.002 may file with the
Secretary of State a portrait of the candidate and a printed or typewritten
statement of the reasons the candidate should be nominated or elected. A
candidate or agent on behalf of the candidate for nomination or election to any
county or city office, or to an elected office of a metropolitan service
district organized under ORS chapter 268, may file a portrait and statement
under this subsection if permitted under ORS 251.067.
(2) Not later than the 70th day before the
general election, any candidate or agent on behalf of the candidate for
election at the general election to the office of President or Vice President
of the United States, United States Senator, Representative in Congress or any
state office as defined in ORS 249.002 may file with the Secretary of State a
portrait of the candidate and a printed or typewritten statement of the reasons
the candidate should be elected. A candidate or agent on behalf of the
candidate for election to any county or city office, or to an elected office of
a metropolitan service district organized under ORS chapter 268, may file a
portrait and statement under this subsection if permitted under ORS 251.067.
(3) In the case of a special election to
fill a vacancy as described in ORS 251.022, the Secretary of State by rule
shall set the deadline for filing with the secretary a portrait of the
candidate and a printed or typewritten statement of the reasons the candidate
should be nominated or elected.
(4) Subject to subsections (1) to (3) of
this section, the Secretary of State by rule shall establish the format of the
statements permitted under this section.
(5) A portrait or statement filed under
this section shall be accompanied by a telephone or electronic facsimile
transmission machine number where the candidate may be contacted for purposes
of ORS 251.087. [Formerly 255.031; 1981 c.375 §1; 1983 c.567 §13; 1985 c.808 §30;
1987 c.267 §25; 1989 c.503 §9; 1993 c.493 §§92,93; 1995 c.550 §6; 1995 c.712 §36;
1999 c.318 §10; 1999 c.999 §40]
251.067
Inclusion of portrait and statement of candidate for county, city or
metropolitan service district office; inclusion of county measure or
metropolitan service district measure. (1) A candidate or agent on behalf of the candidate for nomination or
election to any county or city office, or to an elected office of a
metropolitan service district organized under ORS chapter 268, may file a
portrait or statement for inclusion in the state voters’ pamphlet under ORS
251.065 if a county voters’ pamphlet described in ORS 251.305 to 251.435 is not
prepared for the election in each county in which the electoral district of the
candidate is located.
(2) A county measure or a measure of a
metropolitan service district organized under ORS chapter 268, and the ballot
title, explanatory statement and arguments relating to the measure, shall be
included in the state voters’ pamphlet as provided in ORS 251.285, if a county
voters’ pamphlet described in ORS 251.305 to 251.435 is not prepared:
(a) For the election on the county
measure; or
(b) In each county in which the
metropolitan service district is located, for the election on the metropolitan
service district measure.
(3) If a county voters’ pamphlet described
in ORS 251.305 to 251.435 is prepared for an election at which a candidate for
nomination or election to any county or city office, or to an elected office of
a metropolitan service district organized under ORS chapter 268, is listed on
the ballot, or at which a county measure or a measure of a metropolitan service
district organized under ORS chapter 268 is listed on the ballot, the county
voters’ pamphlet shall include the county or city office, the office of the
metropolitan service district or the county measure or measure of the
metropolitan service district. Such offices and measures shall not be included
in any state voters’ pamphlet prepared for the election and distributed in the
county for which the county voters’ pamphlet is prepared.
(4) If a city or metropolitan service
district organized under ORS chapter 268 is located in more than one county,
and a county in which the city or metropolitan service district is located does
not prepare a county voters’ pamphlet described in ORS 251.305 to 251.435 for
the election, candidates for nomination or election to any city office or an
elected office of the metropolitan service district, and any measure of the
metropolitan service district, shall be included in the state voters’ pamphlet
to be distributed to the county that does not prepare a county voters’
pamphlet. The Secretary of State shall designate the candidates and measures
that may be included in the state voters’ pamphlet under this subsection. [1999
c.318 §8]
251.069
Map of metropolitan service district to be printed in certain pamphlets. The Secretary of State shall include in each
voters’ pamphlet, in which material of a candidate for nomination or election
to an office of a metropolitan service district organized under ORS chapter 268
is printed as provided in ORS 251.065, 251.067 and 251.285, a map of the
service district which illustrates the boundaries of each subdistrict. The map shall
be printed immediately preceding the material of the candidates for an office
of the district. [Formerly 251.036]
251.070 [1957 c.217 §6; 1979 c.190 §319; renumbered
258.055]
251.075
Portrait requirements; rules.
(1) A candidate may not submit for inclusion in the voters’ pamphlet a portrait
that was taken more than four years before the date the portrait is filed with
the Secretary of State.
(2) A portrait submitted for inclusion in
the voters’ pamphlet shall:
(a) Be a conventional photograph with a
plain background;
(b) Show the face or the head, neck and
shoulders of the candidate; and
(c) Be prepared and processed for printing
as prescribed by the Secretary of State.
(3) A portrait submitted for inclusion in
the voters’ pamphlet may not:
(a) Include the hands or anything held in
the hands of the candidate;
(b) Show the candidate wearing a judicial
robe, a hat or a military, police or fraternal uniform; and
(c) Show the uniform or insignia of any
organization.
(4) The Secretary of State by rule shall
prescribe the size and manner of placement of the portrait printed in the
voters’ pamphlet, except that the size of a portrait shall not be smaller than
1.5 inches by 1.75 inches. The rule shall apply in the same manner to all
candidates for the same nomination or office. [1979 c.190 §178; 1979 c.533 §2;
1985 c.808 §30a; 1987 c.707 §11; 1999 c.318 §11; 2003 c.233 §1]
251.080 [1957 c.217 §7; 1969 c.617 §1; repealed by
1979 c.190 §431]
251.085
Format of candidate’s statement. The candidate’s statement shall begin with a summary of the following:
Occupation, educational and occupational background, and prior governmental
experience. [Formerly 255.027]
251.087
Secretary of State review of candidate portrait and statement; procedure if
portrait or statement must be revised; rules. (1) If a candidate files a portrait and statement under ORS 251.065
for inclusion in the voters’ pamphlet, the Secretary of State shall review the
portrait and statement to ensure that the portrait complies with the requirements
of ORS 251.075 and that the statement complies with the requirements of ORS
251.049 and 251.085.
(2) Review by the Secretary of State under
this section shall be limited to determining whether the portrait and statement
comply with the requirements of ORS 251.049, 251.075 and 251.085 and shall not
include any determination relating to the accuracy or truthfulness of materials
filed.
(3) The Secretary of State shall review
each portrait and statement not later than three business days following the
deadline for filing a portrait and statement under ORS 251.065. If the
Secretary of State determines that the portrait or statement of a candidate
must be revised in order to comply with the requirements of ORS 251.049,
251.075 or 251.085, the Secretary of State shall attempt to contact the
candidate not later than the fifth business day following the deadline for
filing a portrait and statement under ORS 251.065. A candidate contacted by the
Secretary of State under this section may file a revised portrait or statement
not later than the seventh business day following the deadline for filing a
portrait and statement under ORS 251.065.
(4) If the Secretary of State is required
to attempt to contact a candidate under subsection (3) of this section, the Secretary
of State shall attempt to contact the candidate by telephone or by using an
electronic transmission facsimile machine.
(5) If the Secretary of State is unable to
contact a candidate or if the candidate does not file a revised portrait or
statement, the following rules apply:
(a) If a portrait does not comply with ORS
251.075, the Secretary of State may modify the portrait. The candidate shall
pay the expense of any modification prior to publication of the portrait in the
voters’ pamphlet. If the portrait cannot be modified to comply with ORS
251.075, the portrait shall not be printed in the voters’ pamphlet.
(b) If a statement does not comply with
ORS 251.085 the statement shall not be printed in the voters’ pamphlet.
(c) If a statement does not comply with
ORS 251.049, the Secretary of State shall edit the statement to remove language
that does not comply with ORS 251.049.
(6) If the portrait or statement of a
candidate filed under ORS 251.065 does not comply with a requirement of ORS
251.049, 251.075 or 251.085 and the Secretary of State does not attempt to
contact the candidate by the deadline specified in subsection (3) of this
section, for purposes of ORS 251.049, 251.075 and 251.085 only, the portrait or
statement shall be printed as filed.
(7) A candidate revising a portrait or
statement under this section shall make only those revisions necessary to
comply with ORS 251.049, 251.075 and 251.085.
(8) The Secretary of State by rule may
define the term “contact” as used in this section. [1995 c.550 §2]
251.090 [1957 c.217 §8; 1973 c.197 §4; 1979 c.190 §322;
renumbered 258.085]
251.095
Fees for candidate space in voters’ pamphlet; use of space. (1) At the time materials are filed under
ORS 251.065, each candidate for nomination or election to any of the following
offices shall pay to the Secretary of State the following fee for space in the
voters’ pamphlet:
(a) President or Vice President of the
United States, United States Senator, Representative in Congress or any state
office to be voted for in the state at large, $1,000.
(b) State Senator, state Representative or
any other office, $300.
(2) The space allotted to each candidate
shall be used for materials filed under ORS 251.065, including the portrait and
statement of reasons the candidate should be nominated or elected and the
information required under ORS 251.085. If a portrait is not filed, the
statement may cover the entire allotted space. The length of the statement
shall not exceed 325 words. All materials submitted by a candidate under ORS
251.065 shall fit within 30 square inches of space. All candidates shall be
allowed the same amount of space. [Formerly 255.051; 1981 c.375 §2; 1983 c.567 §14;
1985 c.808 §30b; 1987 c.707 §12; 1999 c.318 §12]
251.110 [Repealed by 1957 c.217 §9]
251.115
Statement of statewide and less than statewide political party or assembly;
size; fees. (1) Not later
than the 70th day before the general election, the party officers as designated
in the organizational documents of any statewide political party or assembly of
electors having nominated candidates may file with the Secretary of State a
printed or typewritten statement of arguments for the success of its principles
and election of its candidates on a statewide basis and opposing the principles
and candidates of other political parties or organizations on a statewide
basis.
(2) Not later than the 70th day before the
general election, the party officers as designated in the organizational
documents of any less than statewide political party or assembly of electors
having nominated candidates may file with the Secretary of State a typewritten
statement of arguments for the success of its principles and election of its
candidates on a county basis and opposing the principles and candidates of other
political parties or organizations on a county basis.
(3) The size of the statements permitted
under this section shall not exceed 60 square inches for any statewide
political party or assembly of electors having nominated candidates and 30
square inches for any less than statewide political party or assembly of
electors having nominated candidates. The fee for a statement filed under this
section shall be $600 for any statewide political party or assembly of electors
having nominated candidates and $300 for any less than statewide political
party or assembly of electors having nominated candidates. [Formerly 255.211;
1987 c.707 §13; 1989 c.503 §10; 1993 c.797 §22; 1999 c.318 §13]
251.120 [Repealed by 1957 c.217 §9]
251.125
Identification of portrait or statement; disclaimer. At the bottom of each allotted space of the
voters’ pamphlet containing a portrait or statement filed by a candidate,
political party or assembly of electors, the Secretary of State shall include:
(1) A statement identifying the person who
furnished the portrait or statement; and
(2) A disclaimer in boldfaced type in
substantially the following form:
______________________________________________________________________________
The above
information has not been verified for accuracy by the State of
______________________________________________________________________________
[1979 c.190 §182;
2005 c.234 §1]
251.130 [Repealed by 1957 c.217 §9]
251.135
Refund of filing fee. Not
later than the last day for filing material for inclusion in a voters’
pamphlet, the person who paid the filing fee may receive a refund from the
Secretary of State. When a refund is made, the material for which the fee was
paid shall not be included in the pamphlet. [1979 c.190 §183]
251.140 [Repealed by 1957 c.217 §9]
251.145
Exemption from public records law. Notwithstanding ORS 192.410 to 192.505 relating to public records,
materials filed by a political party, assembly of electors or candidate for
inclusion in a voters’ pamphlet and arguments supporting or opposing a measure
filed by any person for inclusion in a voters’ pamphlet are exempt from public
inspection until the fourth business day after the final date for filing the
materials. [1979 c.190 §184; 1991 c.719 §48; 1993 c.493 §18]
251.150 [Repealed by 1957 c.217 §9]
251.155
Statements and arguments inadmissible in action to enjoin publication of
pamphlet. Material submitted
for inclusion in any voters’ pamphlet shall not be admitted as evidence in any
suit or action against the Secretary of State to restrain or enjoin the
publication of the voters’ pamphlet. [Formerly 255.018]
251.160 [Repealed by 1957 c.217 §9]
251.165
Preparing material for inclusion in state voters’ pamphlet. (1) The Secretary of State shall prepare:
(a) A list of the names of candidates for
nomination or election at the primary election to the offices of President or
Vice President of the United States, United States Senator, Representative in
Congress, any state office other than justice of the peace and any county or
city office or elected office of a metropolitan service district required to be
included under ORS 251.067, or a list of names of candidates for election at
the general election to the offices of President or Vice President of the
United States, United States Senator, Representative in Congress, any state
office other than justice of the peace and any county or city office or elected
office of a metropolitan service district required to be included under ORS
251.067, along with a designation of the offices for which the candidates are
competing;
(b) All portraits and statements filed
under ORS 251.065 and 251.115; and
(c) The information specified in ORS
251.185 relating to measures to be voted upon at the election for which the
pamphlet is prepared.
(2) For a special election described in
ORS 251.022, the Secretary of State shall prepare a list of the names of
candidates for nomination or election to the offices of United States Senator
or Representative in Congress along with all portraits and statements filed for
the special election under ORS 251.065.
(3) The items specified in subsections (1)
and (2) of this section shall be properly compiled, edited, prepared and
indexed for printing by the Secretary of State before delivery to the printer. [Formerly
255.061; 1987 c.267 §28; 1987 c.707 §14; 1991 c.719 §§25,26; 1995 c.712 §38;
1999 c.318 §14; 1999 c.999 §41]
251.175
Distribution of pamphlet; rules for nonstatewide special elections. (1) Except as provided in subsection (2) of
this section, not later than the 20th day before a primary election, general
election or special election for which a voters’ pamphlet has been prepared,
the Secretary of State shall cause the voters’ pamphlet to be mailed to each
post-office mailing address in Oregon, and shall use any additional means of
distribution necessary to make the pamphlet available to electors.
(2) For any special election described in
ORS 251.022 that is not held statewide, or for any other state special election
that is not held statewide, the Secretary of State by rule may prescribe
methods for distributing the voters’ pamphlet prepared for the election. The
rule shall require the secretary to mail the pamphlet to at least each elector
whose registration is determined to be active on the 21st day before the date
of the election and who is eligible to vote in the election. The rule may
specify other methods of distribution. Voters’ pamphlets prepared for the
election shall be mailed not later than the date ballots are mailed to electors
as provided in ORS 254.470. [1979 c.190 §187; 1987 c.267 §29; 1995 c.712 §40;
1999 c.318 §15; 1999 c.1002 §8; 2007 c.154 §12]
STATE
INITIATIVE AND REFERENDUM PAMPHLET
251.185
Measures, estimates, statements and arguments included in voters’ pamphlet; county
and metropolitan service district measures. (1) The Secretary of State shall have printed in the voters’ pamphlet
for a general election or any special election a copy of the title and text of
each state measure to be submitted to the people at the election for which the
pamphlet was prepared. Each measure shall be printed in the pamphlet with:
(a) The number and ballot title of the
measure;
(b) The financial estimates and any
statement prepared for the measure under ORS 250.125;
(c) The explanatory statement prepared for
the measure; and
(d) Arguments relating to the measure and
filed with the Secretary of State.
(2) A county measure or measure of a
metropolitan service district organized under ORS chapter 268, and ballot
title, explanatory statement and arguments relating to the measure, filed by
the county or metropolitan service district under ORS 251.285 shall be included
in the voters’ pamphlet described in subsection (1) of this section if required
under ORS 251.067. [Formerly 255.410; 1991 c.719 §10; 1991 c.971 §7; 1993 c.493
§19; 1999 c.318 §16; 2005 c.633 §4]
251.195
Form for printing proposed constitutional amendment. The text of a proposed amendment to the
Oregon Constitution shall be printed in the voters’ pamphlet to indicate by the
use of brackets and italic type the words that would be deleted from, and by
boldfaced type the words that would be added to, the existing provision. [Formerly
255.440; 1989 c.503 §11]
251.205
Appointment of committee to draft explanatory statement of measure proposed by
initiative or referendum.
(1) As used in this section, “proponents” means:
(a) With respect to any state measure
initiated or referred by petition, the chief petitioners; or
(b) With respect to a measure referred by
the Legislative Assembly, the President of the Senate, who shall appoint a
Senator, and the Speaker of the House of Representatives, who shall appoint a
Representative.
(2) For each state measure to be submitted
to the people at a special election held on the date of a primary election or
any general election, a committee of five citizens shall be selected to prepare
the explanatory statement under ORS 251.215.
(3) Not later than the 120th day before
the election, the proponents of the measure shall appoint two members to the
committee and notify the Secretary of State in writing of the selections. If
the proponents do not appoint two members, the Secretary of State shall appoint
two members of the committee from among supporters, if any, of the measure not
later than the 118th day before the election.
(4) Not later than the 118th day before
the election, the Secretary of State shall appoint two members of the committee
from among the opponents, if any, of the measure.
(5) The four appointed members of the
committee shall select the fifth member and notify the Secretary of State in
writing of the selection. If the four members have not selected the fifth
member by the 111th day before the election, the fifth member shall be
appointed by the Secretary of State not later than the 109th day before the
election.
(6) A vacancy shall be filled not later
than two business days after the vacancy occurs by the person who made the
original appointment. Unless the Secretary of State fills a vacancy, the person
filling the vacancy shall notify the Secretary of State in writing of the
selection.
(7) With respect to a measure referred by
the Legislative Assembly, a Senator or Representative appointed under
subsection (2) of this section may disclose whether the Senator or
Representative supports or opposes the state measure. The Secretary of State
shall print the disclosure in the voters’ pamphlet following the explanatory
statement.
(8) The Legislative Administration
Committee shall provide any administrative staff assistance required by the
explanatory statement committee to facilitate the work of the explanatory
statement committee under this section or ORS 251.215.
(9) For purposes of this section, “measure”
includes an initiative petition relating to a state measure that has been filed
with the Secretary of State for the purpose of verifying signatures under ORS
250.105. The requirements of this section shall not apply to the petition if
the secretary determines that the petition contains less than the required
number of signatures of electors. [Formerly 254.210; 1987 c.707 §15; 1995 c.607
§§31,31a; 1999 c.844 §2; 2001 c.965 §9]
251.215
Preparation and filing of explanatory statement of 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 committee
appointed under ORS 251.205 shall prepare and file with the Secretary of State,
an impartial, simple and understandable statement explaining the measure. The
statement shall not exceed 500 words.
(2) Not later than the 95th day before the
election, the Secretary of State shall hold a hearing in
(3) The committee for each measure shall
consider suggestions and any other information submitted under subsection (2)
of this section, and may file a revised statement with the Secretary of State
not later than the 90th day before the election.
(4) The original statement and any revised
statement must be approved by at least three members of the committee. If a
member does not concur, the statement shall show only that the member dissents.
(5) For purposes of this section, “measure”
includes an initiative petition relating to a state measure that has been filed
with the Secretary of State for the purpose of verifying signatures under ORS
250.105. The requirements of this section shall not apply to the petition if
the secretary determines that the petition contains less than the required
number of signatures of electors. [Formerly 254.222; 1991 c.719 §49; 1993 c.493
§20; 1993 c.811 §14; 1995 c.712 §42; 2001 c.965 §10]
251.225
Preparation and filing of explanatory statement by Legislative Counsel
Committee; when explanatory statement of committee used. (1) The Legislative Counsel Committee shall
prepare an impartial, simple and understandable statement of not more than 500
words explaining each state measure. The statement shall be filed with the
Secretary of State not later than the last day for filing a statement prepared
under ORS 251.215.
(2) If an explanatory statement is not
filed by a committee under ORS 251.215, the statement of the Legislative
Counsel Committee shall be the explanatory statement of the measure, and shall
be subject to the provisions of ORS 251.215. [Formerly 254.225; 1993 c.493 §21;
1993 c.811 §15]
251.230
Effect if explanatory statement not filed. If an explanatory statement is not filed by a committee under ORS
251.215 or by the Legislative Counsel Committee under ORS 251.225, the measure
shall be printed in the voters’ pamphlet without the explanatory statement. [1991
c.971 §6]
251.235
Supreme Court review of explanatory statement; service requirements. (1) Any person dissatisfied with an
explanatory statement for which suggestions were offered at the Secretary of
State’s hearing under ORS 251.215 may petition the Supreme Court seeking a
different statement and stating the reasons the statement filed with the court
is insufficient or unclear. If the petition is filed and served as required in
subsection (2) of this section not later than the fifth day after the deadline
for filing a revised statement with the Secretary of State, the court shall
review the statement and certify an explanatory statement to the Secretary of
State. Failure to file and serve the petition within the time prescribed in
this subsection precludes Supreme Court review and certification of an
explanatory statement. If the court considers the petition, the court may allow
oral argument. The review by the Supreme Court shall be conducted expeditiously
to ensure the orderly and timely conduct of the election at which the measure
is to be submitted to the electors. The statement certified by the court shall
be the explanatory statement printed in the voters’ pamphlet.
(2) At the time a person petitions the
Supreme Court under subsection (1) of this section, the person also shall serve
a copy of the petition on:
(a) The Attorney General;
(b) The members of the explanatory
statement committee, if the committee filed a statement under ORS 251.215;
(c) The chief petitioners of the state
measure, if the measure was initiated or referred by petition; and
(d) The Legislative Counsel, if the
measure was referred by the Legislative Assembly or if the explanatory
statement prepared by the Legislative Counsel Committee is the explanatory
statement for the measure under ORS 251.225. [Formerly 254.230; 2001 c.18 §1]
251.245
Committee to prepare and file argument in support of measure referred by
legislature. (1) For any
measure referred to the electors by the Legislative Assembly, an argument
prepared by the Legislative Assembly in support of the measure may be printed
in the voters’ pamphlet. The size and length of an argument under this section
shall be determined as specified in ORS 251.255.
(2) A joint committee consisting of one
Senator, to be appointed by the President of the Senate, and two
Representatives, to be appointed by the Speaker of the House of
Representatives, shall be appointed to prepare the argument. The committee
shall file the argument with the Secretary of State not later than the 70th day
before a general election or the 68th day before a special election held on the
date of any primary election. There shall be no fee for including an argument
submitted under this section in the voters’ pamphlet. [Formerly 255.465; 1987
c.267 §33; 1995 c.712 §43; 1999 c.318 §17]
251.255
Filing arguments for or against measure; fee or petition; size of argument
space; rules. (1) Not later
than the 70th day before a general election or the 68th day before a special
election held on the date of any primary election at which a state measure is
to be voted upon, any person may file with the Secretary of State a printed or
typewritten argument supporting or opposing the measure.
(2) A person filing an argument under this
section shall pay a fee of $500 to the Secretary of State when the argument is
filed or may submit a petition in a form prescribed by the Secretary of State
containing the signatures of 1,000 electors eligible to vote on the measure.
Each person signing the petition shall subscribe to a statement that the person
has read and agrees with the argument. The signatures on each petition shall be
certified by the county clerk in the manner provided in ORS 249.008. The
petition shall be filed with the Secretary of State.
(3) The Secretary of State by rule shall
establish the size and length of arguments permitted under ORS 251.245 and this
section. The size and length of an argument may not exceed 30 square inches or
325 words. The size and length limitations shall be the same for arguments
submitted under ORS 251.245 or this section. [Formerly 255.415; 1989 c.646 §1;
1995 c.712 §45; 1999 c.318 §18; 2005 c.797 §55]
251.260
Secretary of State review of arguments for error in identification of measure
number or designation of support or opposition to measure; changes allowed. (1) Not later than three business days
following the deadline for filing an argument supporting or opposing a state
measure under ORS 251.255, the Secretary of State shall review each argument to
determine whether the person filing the argument made an error in:
(a) Identifying the measure number to
which the argument relates; or
(b) Designating that the argument supports
or opposes the measure.
(2) If the Secretary of State determines
that the person filing the argument may have made an error described in
subsection (1) of this section, the secretary shall attempt to contact the
person not later than the fifth business day following the deadline for filing
the argument. A person contacted by the secretary under this section may file a
change to the identification of the measure number or the designation of the
argument not later than the seventh business day following the deadline for
filing the argument.
(3) If the Secretary of State is required
to attempt to contact a person under subsection (2) of this section, the
secretary shall attempt to contact the person by telephone, electronic mail,
electronic facsimile transmission or other method designated by the secretary
by rule.
(4) If a person files a change to an
argument under subsection (2) of this section, the argument shall be printed in
the voters’ pamphlet as changed under subsection (2) of this section. If the
Secretary of State is unable to contact a person under subsection (2) of this
section or if the secretary contacts the person and the person does not file a
change to the argument, the argument shall be printed in the voters’ pamphlet
as originally filed. [2003 c.752 §2]
251.265
Author of argument, author’s organization and disclaimer to be included in
voters’ pamphlet. The
Secretary of State shall include in the voters’ pamphlet on the page of the
printed argument on a measure the name of the person who submitted the argument,
the name of the organization the person represents, if any, whether the
argument supports or opposes the measure, and a disclaimer in substantially the
following form:
______________________________________________________________________________
The printing
of this argument does not constitute an endorsement by the State of
______________________________________________________________________________
[Formerly
255.435]
251.275 [Formerly 255.418; repealed by 1993 c.811 §20]
251.285
Inclusion of county measure or metropolitan service district measure in voters’
pamphlet. (1) If any county
measure or any measure of a metropolitan service district organized under ORS
chapter 268, and the ballot title, explanatory statement and arguments relating
to the measure, are to be included by the Secretary of State in the state
voters’ pamphlet as provided in ORS 251.067, the requirements of this section
shall be satisfied.
(2) The county or district measure, ballot
title, explanatory statement and arguments shall not be printed in the voters’
pamphlet unless:
(a) The ballot title is a concise and
impartial statement of the purpose of the measure;
(b) The explanatory statement is an
impartial, simple and understandable statement explaining the measure and its
effect;
(c) The county or metropolitan service
district adopts and complies with an ordinance that provides a review procedure
for a ballot title or explanatory statement which is contested because it does
not comply with the requirements of paragraph (a) or (b) of this subsection;
(d) The county or metropolitan service
district adopts and complies with an ordinance that provides for acceptance of
typewritten arguments relating to the measure to be printed on 30 square inches
of the voters’ pamphlet; and
(e) The county or metropolitan service
district does not require of a person filing an argument a payment of more than
$300, or a petition containing more than a number of signatures equal to 1,000
electors eligible to vote on the measure or 10 percent of the total of such
electors, whichever is less.
(3) Any judicial review of a determination
made under the review procedures adopted under subsection (2)(c) of this
section shall be first and finally in the circuit court of the judicial
district in which the county is located or, for a district measure, in the
circuit court of the judicial district in which the administrative office of
the metropolitan service district is located.
(4) If the county or metropolitan service
district has adopted and complied with ordinances prescribed in subsection (2)
of this section, the decision to include the county or district measure, ballot
title, explanatory statement and arguments in the voters’ pamphlet shall be
made by:
(a) The county governing body with regard
to any county measure or the council of the metropolitan service district with
regard to any district measure;
(b) The chief petitioners of the
initiative or referendum with regard to a county or district measure initiated
or referred by the people. The chief petitioners shall indicate their decision
in a statement signed by all of the chief petitioners and filed with the county
clerk or, for a district measure, with the executive officer of the
metropolitan service district; or
(c) A political committee, as defined in
ORS 260.005, that opposes the county or district measure. The committee shall
indicate its decision in a statement signed by every committee director, as
defined in ORS 260.005, and filed with the county clerk or, for a district
measure, with the executive officer of the metropolitan service district.
(5) The county or metropolitan service
district shall file the measure, ballot title, explanatory statement and
arguments with the Secretary of State not later than the 70th day before the
general election or the 68th day before a special election held on the date of
any primary election. The county or district shall pay to the Secretary of State
the cost of including the county or district material in the pamphlet as
determined by the secretary. The Secretary of State shall not have this
material printed in the pamphlet unless:
(a) The time for filing a petition for
judicial review of a determination made under subsection (2)(c) of this section
has passed; and
(b) The measure, title, statement and
arguments properly filed with the county or metropolitan service district, are
delivered to the secretary. [Formerly 255.455; 1981 c.173 §29; 1989 c.250 §1;
1991 c.15 §3; 1991 c.719 §11; 1995 c.712 §47; 1999 c.318 §53; 2001 c.965 §11]
251.295
Radio and television broadcasts to supplement pamphlet. The Secretary of State, pursuant to ORS
193.310 to 193.360, may supplement the special or general election voters’
pamphlet by causing to have broadcast by radio or television, material
specified in this section at times the secretary determines suitable during the
four weeks immediately preceding the election at which state measures are to be
submitted to the people. The material provided by broadcast shall include only
the following:
(1) The ballot title or popular name of
each state measure.
(2) The number and form in which the
ballot title of the state measures will be printed on the official ballot.
(3) A summary of the explanatory
statements filed relating to each state measure. [Formerly 255.510]
251.305
County voters’ pamphlet.
The county
clerk of any county may prepare, print and distribute a county voters’ pamphlet
for any election. [1989 c.1031 §2; 1991 c.48 §1]
251.310 [Repealed by 1957 c.217 §9]
251.315
Information required to be included in voters’ pamphlet; deadline for
distribution. (1) If a
county produces a county voters’ pamphlet, the county voters’ pamphlet shall
include, when applicable, at least the following information:
(a) Requirements for a citizen to qualify
as an elector.
(b) Requirements for registration and
updates of registration.
(c) Elector instructions, including the
right of an elector to request a second ballot if the first ballot is spoiled
and the right of an elector to seek assistance in marking the ballot.
(d) The hours and locations of places
designated under ORS 254.470 for deposit of official ballots.
(e) Any portraits and statements relating
to candidates submitted in accordance with the provisions of ORS 251.305 to
251.435.
(f) Any ballot titles, explanatory
statements and arguments submitted in accordance with the provisions of ORS
251.305 to 251.435.
(g) Such other information as the county
clerk considers to be appropriate or necessary to inform the voters.
(2) The county clerk shall mail or
otherwise distribute the county voters’ pamphlet not later than the last day
for mailing ballots to electors as provided in ORS 254.470. [1989 c.1031 §3;
1993 c.713 §29; 1993 c.811 §16; 1999 c.410 §26; 2007 c.154 §13]
251.320 [Repealed by 1957 c.217 §9]
251.325
Schedule and procedures for producing and distributing pamphlet; fees; rules. (1) The Secretary of State by rule shall
adopt a schedule and procedures for preparing, printing and distributing county
voters’ pamphlets. The schedule and procedures shall include but not be limited
to deadlines for filing material for the voters’ pamphlet, and except as
otherwise provided by law, the format of material to be submitted and the size
and other requirements applicable to candidate portraits.
(2) Except as provided in subsection (3)
of this section, at the time materials are filed under ORS 251.335, each
candidate for nomination or election to the following offices shall pay to the
county clerk the following fee for space in the county voters’ pamphlet:
(a) An office to which a salary or other
compensation beyond expenses is attached, $100.
(b) An office to which a salary or other
compensation beyond expenses is not attached, $25.
(3) At the time materials are filed under
ORS 251.335, each candidate for nomination or election to a city or county
office at the primary or general election shall pay to the county clerk the
following fee for space in the county voters’ pamphlet:
(a) If the number of active electors in
the electoral district is less than 1,000, $25.
(b) If the number of active electors in
the electoral district is 1,000 or more and less than 10,000, $50.
(c) If the number of active electors in
the electoral district is 10,000 or more and less than 50,000, $100.
(d) If the number of active electors in
the electoral district is 50,000 or more, $300.
(4) The Secretary of State by rule shall
adopt a schedule of fees to be charged by the county clerks for including
arguments in the voters’ pamphlet. The fees need not reflect the actual cost of
producing the voters’ pamphlet.
(5) The county clerk shall refund a filing
fee described in this section to any person who applies for the refund not
later than the last day for filing material for inclusion in the voters’
pamphlet. When a refund is made, the material for which the fee was paid may
not be included in the pamphlet.
(6) As used in this section, “electoral
district” means a county, the part of a city located within the county or, if a
candidate is elected by zone or subdistrict of the county or city, the zone or
subdistrict in which the candidate is nominated or elected. [1989 c.1031 §4;
2003 c.468 §1]
251.330 [Repealed by 1957 c.217 §9]
251.335
Filing portrait and statement by or for candidate; disclaimer. (1) As used in this section, “district” has
the meaning given that term in ORS 255.012.
(2) Not later than the date specified by
the Secretary of State, any candidate for nomination or election to county,
city or special district office within the county, or an agent of the
candidate, may file with the county clerk of a county that prepares a county
voters’ pamphlet a portrait of the candidate and a typewritten statement of the
reasons the candidate should be elected. The portrait and statement must comply
with the applicable rules of the Secretary of State.
(3) The county clerk may not accept the
filing of a statement or portrait of any candidate unless the filing is accompanied
by the appropriate fee described in ORS 251.325.
(4) At the bottom of each allotted space
of the county voters’ pamphlet containing a portrait and statement filed by a
candidate, the county clerk shall include:
(a) A statement identifying the person who
furnished the portrait and statement; and
(b) A disclaimer in boldfaced type in
substantially the following form:
______________________________________________________________________________
The above
information has not been verified for accuracy by the county.
______________________________________________________________________________
[1989 c.1031 §5;
2003 c.468 §2; 2005 c.234 §2]
251.340 [Repealed by 1957 c.217 §9]
251.345
Explanatory statement. Not
later than the date specified by the Secretary of State, in a county that
prepares a county voters’ pamphlet, the governing body for any electoral
district that has referred a measure to the voters shall submit an impartial,
simple and understandable statement explaining the measure and its effect. [1989
c.1031 §6; 1991 c.48 §2]
251.350 [Repealed by 1957 c.217 §9]
251.355
Filing arguments for or against measure. (1) Not later than the date specified by the Secretary of State by
rule, in a county that prepares a county voters’ pamphlet, any person may file
with the county clerk a typewritten argument supporting or opposing any measure
to be submitted to the voters on the ballot. The county clerk shall not accept
any arguments which are not accompanied by the fee established by the Secretary
of State or a petition in a form prescribed by the Secretary of State. A
petition shall contain the signatures of at least four percent of the electors
in the county eligible to vote on the measure to which the argument refers, or
the signatures of 1,000 electors in the county eligible to vote on the measure
to which the argument refers, whichever is less. The number of registered
electors in an electoral district, for the purposes of this section, shall be
calculated on January 1 of each year. Each person signing the petition shall
subscribe to a statement that the person has read and agrees with the argument.
The signatures on each petition shall be certified by the county clerk in the
manner provided in ORS 249.008. The petition shall be filed with the county
clerk.
(2) The county clerk shall include in the
county voters’ pamphlet, on the page of the printed argument, the name of the
person who submitted the argument, the name of the organization the person
represents, if any, whether the argument supports or opposes the measure and a
disclaimer that the argument does not constitute an indorsement by the county
and that the county does not warrant the accuracy or truth of any statement
made in the argument. [1989 c.1031 §7]
251.358
Omission from voters’ pamphlet of ballot titles, explanatory statements and
arguments for certain measures.
Notwithstanding ORS 251.315, 251.345 or 251.355, in the case of a measure
submitted under ORS 254.095 (3), 254.103 (2) or 255.085 (2) and at the
discretion of the county clerk, the ballot title, explanatory statement and all
arguments supporting or opposing the measure may be omitted from a county
voters’ pamphlet. [1995 c.607 §33]
Note: 251.358 was added to and made a part of
251.305 to 251.435 by legislative action but was not added to any smaller
series therein. See Preface to Oregon Revised Statutes for further explanation.
251.360 [Repealed by 1957 c.217 §9]
251.365
Cost of pamphlet preparation; allocation of revenue. (1) Any county clerk preparing, printing and
distributing a county voters’ pamphlet may apportion the cost of preparing,
printing and distributing the county voters’ pamphlet as a cost of the election
according to the formula established by the Secretary of State for the
allocation of election costs. The apportioned election costs shall be reduced
for each electoral district by the amount of any revenue received by the county
clerk from the submission of candidate portraits, statements and arguments for
that electoral district.
(2) Any revenue collected by the county
clerk from the submission of candidate portraits, statements or arguments for
any electoral district which may exceed the apportioned cost of the election
for that electoral district shall be applied to reduce the shared costs of the election
for all remaining electoral districts. [1989 c.1031 §8]
251.370 [Repealed by 1957 c.217 §9]
251.375
Exception to ORS 251.365 for certain districts. ORS 251.365 does not apply to any special
district for which the county clerk is required to hold elections if the
special district demonstrates to the satisfaction of the county clerk that the
special district is unable to pay the apportioned expenses of the voters’
pamphlet as determined under ORS 251.365. If the special district is unable to
pay, the expenses apportioned to that district may be apportioned among the
other electoral districts participating in the election. [1989 c.1031 §9]
251.380 [Repealed by 1957 c.217 §9]
251.385
“Electoral district” defined for ORS 251.345 to 251.375. As used in ORS 251.345 to 251.375, “electoral
district” means the county or a city, or district as defined in ORS 255.012
located within the county. [1989 c.1031 §10]
251.390 [Repealed by 1957 c.217 §9]
251.395
Content of statements and arguments; notice of material that may be excluded. (1) Statements and arguments submitted for
inclusion in a county voters’ pamphlet by a candidate, political party or
assembly of electors, or a person supporting or opposing a measure shall
consist only of words or numbers.
(2) The county clerk shall specify on any
instructions for filing a statement, argument or other material in the voters’
pamphlet that the statement, argument or material may be excluded under ORS
251.415. [1989 c.1031 §11; 1993 c.351 §4]
251.400 [Repealed by 1957 c.217 §9]
251.405
Names or titles of persons or names of organizations excluded from arguments
and statements; exceptions; prohibitions. (1) Except as provided in subsection (2) of this section, the county
clerk may not print the name or title of a person or the name of an
organization in an argument supporting or opposing any measure or a statement
of any candidate, filed for inclusion in a county voters’ pamphlet, if the name
or title of the person or the name of the organization is cited as supporting
or endorsing the argument or statement.
(2) The county clerk may print the name or
title of a person or the name of an organization in an argument or statement
submitted for inclusion in a county voters’ pamphlet as supporting or endorsing
the argument or statement if:
(a) Not later than the deadline for filing
an argument or statement with the county clerk, the county clerk receives a
statement signed by the person, or by an authorized person on behalf of an
organization, stating that the person consents to the use of the name or title
of the person or the name of the organization; or
(b) The name or title of a person or the
name of an organization is used with a quotation made by the person or by an
authorized person on behalf of an organization, the quotation was disseminated
to the public prior to its inclusion in the argument or statement and the
quotation is identified by its source and date.
(3) A person may not:
(a) Submit a false signature under
subsection (2) of this section; or
(b) Alter the manner in which a person
signing a statement of consent described in subsection (2) of this section
designates the person’s name or title or the name of the organization the
person represents to appear in the argument or statement. This paragraph does
not prohibit revisions allowed or required under ORS 251.415. [1989 c.1031 §12;
1993 c.493 §22; 2003 c.233 §3]
251.410 [Repealed by 1957 c.217 §9]
251.415
Type of material to be excluded from pamphlet; liability for libel; procedure
if material excluded. (1)
The county clerk shall reject any statement, argument or other matter offered
for filing and printing in a county voters’ pamphlet which:
(a) Contains any obscene, profane or
defamatory language;
(b) Incites or advocates hatred, abuse or
violence toward any person or group; or
(c) Contains any language which may not
legally be circulated through the mails.
(2) Nothing in this chapter shall make the
author of any statement or argument exempt from any civil or criminal action
because of any defamatory statements offered for printing or contained in the
voters’ pamphlet. The persons writing, signing or offering a statement or
argument for filing shall be deemed its authors and publishers.
(3) The county clerk shall by rule
establish a procedure to notify a person who offered a statement, argument or
other matter that was rejected pursuant to this section. Subject to voters’
pamphlet deadlines, the procedure shall require the county clerk to:
(a) Make reasonable attempts to notify the
person of the rejection; and
(b) Allow the person, if notified pursuant
to paragraph (a) of this subsection, to revise the statement so that it does
not violate the provisions of this section. [1989 c.1031 §13; 1993 c.351 §2]
251.420 [Repealed by 1957 c.217 §9]
251.425
Format of candidate’s statement. The candidate’s statement in a county voters’ pamphlet shall begin
with a summary of the following: Occupation, educational and occupational
background, and prior governmental experience. [1989 c.1031 §14]
251.430
Exemption from public records law. Notwithstanding ORS 192.410 to 192.505 relating to public records,
materials filed by a candidate for inclusion in a county voters’ pamphlet and
arguments supporting or opposing a measure filed by any person for inclusion in
a county voters’ pamphlet are exempt from public inspection until the fourth
business day after the final date for filing the materials. [1989 c.1031 §15;
1993 c.493 §23]
251.435
Statements and arguments inadmissible in action to enjoin publication of
pamphlet. Material submitted
for inclusion in any state or county voters’ pamphlet shall not be admitted as
evidence in any suit or action against the county clerk to restrain or enjoin
the publication of the voters’ pamphlet. [1989 c.1031 §16]
251.440 [1989 c.773 §6; repealed by 1995 c.607 §91]
251.510 [1955 c.498 §1; 1957 c.218 §1; 1973 c.657 §5;
repealed by 1979 c.190 §431]
251.520 [1955 c.498 §2; 1957 c.218 §2; 1963 c.351 §4;
1965 c.124 §1; 1975 c.675 §22; 1979 c.190 §324; renumbered 258.161]
251.530 [1955 c.498 §3; repealed by 1957 c.218 §11]
251.540 [1955 c.498 §5; 1963 c.351 §5; 1979 c.190 §326;
renumbered 258.181]
251.550 [1955 c.498 §4; 1957 c.218 §3; 1963 c.351 §6;
1965 c.124 §2; 1975 c.675 §23; 1979 c.190 §327; renumbered 258.190]
251.560 [1955 c.498 §6; 1957 c.218 §4; 1963 c.351 §7;
1975 c.675 §24; 1979 c.190 §328; renumbered 258.200]
251.570 [1955 c.498 §7; 1957 c.218 §5; 1979 c.190 §329;
renumbered 258.211]
251.580 [1955 c.498 §8; 1957 c.218 §6; 1965 c.124 §3;
1969 c.462 §1; repealed by 1979 c.190 §431]
251.590 [1955 c.498 §9; 1957 c.218 §7; 1963 c.351 §8;
1979 c.190 §330; renumbered 258.221]
251.600 [1955 c.498 §10; 1957 c.218 §8; 1963 c.351 §9;
1979 c.190 §332; renumbered 258.241]
251.610 [1955 c.498 §11; 1957 c.218 §9; 1963 c.351 §10;
1971 c.743 §348; 1979 c.190 §333; renumbered 258.250]
251.615 [1963 c.351 §3; 1979 c.190 §335; renumbered
258.270]
251.620 [1955 c.498 §14; 1957 c.218 §10; 1973 c.657 §6;
repealed by 1979 c.190 §431]
251.625 [1963 c.351 §2; 1979 c.190 §323; renumbered
258.150]
251.630 [1969 c.272 §2; 1979 c.190 §331; renumbered
258.231]
251.635 [1969 c.272 §3; 1979 c.190 §334; renumbered
258.260]
251.640 [1973 c.657 §2; 1975 c.675 §25; 1979 c.190 §336;
renumbered 258.280]
251.645 [1973 c.657 §3; 1975 c.675 §26; 1979 c.190 §337;
renumbered 258.290]
251.650 [1973 c.657 §4; 1979 c.190 §338; renumbered
258.300]
251.990 [1955 c.498 §15; repealed by 1979 c.190 §431]
251.991
[Formerly 255.990; repealed by 1987 c.718 §5]
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