2007 Oregon Code - Chapter 249 :: Chapter 249 - Candidates - Recall
Chapter 249 —
Candidates; Recall
2007 EDITION
ELECTIONS
CANDIDATES; RECALL
GENERAL PROVISIONS
249.002Â Â Â Â Definitions
249.004Â Â Â Â Verification
of documents
249.005Â Â Â Â Acceptance
of petition or minutes without original signatures
249.006Â Â Â Â Official
dating of petitions and declarations
249.008Â Â Â Â Verification
of signatures by county clerk; removal of signatures prohibited after submittal
249.009Â Â Â Â Exclusive
form of signature sheets for petitions; numbering of signature sheets; rules
249.012Â Â Â Â Preservation
of certain records
249.013Â Â Â Â Candidacy
for more than one office; effect of filing petition or declaration for more
than one office without prior withdrawal; district and city offices
MAJOR POLITICAL
PARTY NOMINATIONS AND NOMINATIONS TO NONPARTISAN
OFFICE
(Generally)
249.016Â Â Â Â Nomination
of candidates of major political party or for nonpartisan office
249.020Â Â Â Â Filing
of candidatesÂ’ nominating petition or declaration of candidacy
249.023Â Â Â Â Nomination
of major political party candidates who attain age of 18 years after deadline
for filing nominating petition or declaration of candidacy
249.031Â Â Â Â Contents
of petition or declaration
249.035Â Â Â Â Filing
officer
249.037Â Â Â Â Time
for filing petition or declaration
249.042Â Â Â Â Declaration
or petition as evidence of candidacy
249.046Â Â Â Â Party
membership required for nomination of party; effect of inactive registration;
exceptions
249.048Â Â Â Â Unsuccessful
candidate not eligible as candidate
(Declarations of Candidacy)
249.056Â Â Â Â Filing
fees
(Nominating Petitions)
249.061Â Â Â Â One
candidate per petition; prospective petition; statement regarding payment of
petition circulators; certification of signature sheets
249.064Â Â Â Â Information
required on petition; certification of petition
249.068Â Â Â Â Requirements
regarding number and distribution of persons signing partisan petitions
249.072Â Â Â Â Requirements
regarding number and distribution of persons signing nonpartisan petitions
249.076Â Â Â Â Qualifications
of signers of petitions
(Nomination of Presidential Candidate by
Major Political Party)
249.078Â Â Â Â Printing
name of candidate for presidential nomination of major party on ballot;
discretion of Secretary of State; nominating petition; petition requirements
(Nomination to Nonpartisan Office)
249.088Â Â Â Â Determining
number of nominees; nomination or election of candidate at nominating election
249.091Â Â Â Â Nomination
of certain nonpartisan candidates without election
(Withdrawal Before Nomination)
249.170Â Â Â Â Withdrawal
of candidacy; refund of filing fee
(Withdrawal from Nomination)
249.180Â Â Â Â Withdrawal
of candidacy by nominee
(Filling Vacancy in Nomination or Office)
249.190Â Â Â Â Filling
vacancy in nomination of major party; rules
249.200Â Â Â Â Nomination
by major party to fill vacancy in partisan office; exceptions; rules
249.205Â Â Â Â Filling
vacancy in nomination to nonpartisan office; nomination procedure to fill
vacancy in nonpartisan office; rules
NOMINATION OF CANDIDATES TO PARTISAN OFFICE
BY OTHER THAN MAJOR
POLITICAL PARTY
(General Provisions)
249.705Â Â Â Â Nomination
by other than major party
249.712Â Â Â Â Acceptance
of nomination
249.720Â Â Â Â Information
to be contained in certificate of nomination
249.722Â Â Â Â Time
for filing certificate; filing officers; rules
(Nomination by Assembly of Electors)
249.735Â Â Â Â Qualification
as assembly of electors; records; notice; nomination by assembly
249.737Â Â Â Â Filing
officer for nomination by assembly of electors
(Nomination by Individual Electors)
249.740Â Â Â Â Certificates
of nomination made by individual electors; statement regarding payment of
petition circulators; certification of signature sheets
(Register of Nominations)
249.810Â Â Â Â Entries
in register of nominations upon filing certificates
(Withdrawals; Filling Vacancies)
249.830Â Â Â Â Procedure
for withdrawing nomination
249.842Â Â Â Â Filling
vacancy in nomination; rules
249.850Â Â Â Â Filing
of certificate to fill vacancy in nominations; notifying proper officials to
make changes in general election ballots
RECALL OF PUBLIC OFFICER
249.865Â Â Â Â Filing
prospective petition; contents of petition; statement regarding payment of
petition circulators; certification of signature sheets; effect of violation
249.870Â Â Â Â Number
of signers on recall petition
249.875Â Â Â Â Time
for completing filing; verification of signatures
249.876Â Â Â Â Removal
of signature after petition submitted for verification
249.877Â Â Â Â Statement
of justification by public officer
GENERAL PROVISIONS
     249.002
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) “County clerk” means the county clerk
or the county official in charge of elections.
     (3) “Elector” means an individual
qualified to vote under section 2, Article II, Oregon Constitution.
     (4) “Judge” means judge of the Supreme
Court, Court of Appeals, circuit court or the Oregon Tax Court, or any county
judge who exercises judicial functions.
     (5) “Member” means an individual who is
registered as being affiliated with the political party.
     (6) “Minor political party” means a
political party that has qualified as a minor political party under ORS
248.008.
     (7) “Nonpartisan office” means the office
of judge, Superintendent of Public Instruction, Commissioner of the Bureau of
Labor and Industries, any elected office of a metropolitan service district
under ORS chapter 268, justice of the peace, county clerk, county assessor,
county surveyor, county treasurer, sheriff, district attorney or any office
designated nonpartisan by a home rule charter.
     (8) “Prospective petition” means the
information, except signatures and other identification of petition signers,
required to be contained in a completed petition.
     (9) “Public office” means any national,
state, county, city or district office or position, except a political party
office, filled by the electors.
     (10) “State office” means Governor,
Secretary of State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries, Superintendent of Public Instruction, judge,
state Senator, state Representative or district attorney. [1979 c.190 §94; 1983
c.350 §64; 1985 c.324 §1; 1987 c.707 §6; 1993 c.493 §5; 1995 c.92 §1; 1995 c.107
§1; 1995 c.607 §76; 2001 c.430 §1]
     249.004
Verification of documents.
(1) A filing officer may verify the validity of the contents of the documents
filed with the officer under this chapter.
     (2) When a copy of any election document
filed under this chapter is presented to the filing officer with whom the
original document was filed and a request is made to have the copy compared and
certified, the filing officer shall compare the copy with the original and, if
necessary, correct the copy and certify and deliver it to the person who
presented it. [Formerly 249.014]
     249.005
Acceptance of petition or minutes without original signatures. (1) Notwithstanding ORS 249.008 and 249.875,
a petition or minutes for which original signatures are otherwise required may
be accepted by the county clerk for signature verification, or by another
filing officer in the case of a recall petition, with photographic copies of
one or more signature sheets if:
     (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 sheet prescribed
by the Secretary of State under ORS 249.009.
     (2) As used in this section, “act of God”
means an unanticipated grave natural disaster or other natural phenomenon of an
exceptional, inevitable and irresistible character, the effects of which could
not have been prevented or avoided by the exercise of due care or foresight. [1989
c.68 §11]
     249.006
Official dating of petitions and declarations. Immediately upon filing, a nominating
petition, declaration of candidacy, withdrawal, certificate of nomination or
other document required to be filed under this chapter shall be dated and time
stamped by the filing officer. [Formerly 249.130]
     249.007 [1985 c.508 §4; repealed by 1995 c.607 §91]
     249.008
Verification of signatures by county clerk; removal of signatures prohibited
after submittal. (1) Except
as provided in subsection (2) of this section, before a nominating petition,
minutes of an assembly of electors, or petition by individual electors is
offered for filing, the county clerk of each county in which the signatures
were secured shall compare the signatures of electors on the petition or
minutes with the signatures of the electors on the elector registration cards.
Any petition or minutes submitted for verification under this section shall
contain only original signatures. The county clerk shall attach to the petition
or minutes a certificate stating the number of signatures believed to be
genuine. The certificate is prima facie evidence of the facts stated in it. A
signature not included in the number certified to be genuine shall not be
counted by the officer with whom the petition is filed. No signature in
violation of the provisions of this chapter shall be counted.
     (2) If the total number of signatures
presented to a county clerk for verification is 15,000 or more, the county
clerk may use a statistical sampling technique authorized by the Secretary of
State to verify the signatures. The sample shall be drawn from at least 100
percent of the number of signatures required for nomination.
     (3) After signatures of electors on a
nominating petition, minutes of an assembly of electors or petition by
individual electors are submitted for verification, no elector who signed the
petition or minutes may remove the signature of the elector from the petition
or minutes. [Formerly 249.055; 1985 c.808 §10; 1989 c.68 §2; 1993 c.493 §6]
     249.009
Exclusive form of signature sheets for petitions; numbering of signature
sheets; rules. (1) The
Secretary of State by rule shall:
     (a) Design the form of nominating or
recall petitions, certificates of nomination by individual electors, minutes of
an assembly of electors or minor political party formation petitions; and
     (b) Prescribe a system for numbering all
signature sheets of nominating or recall petitions, certificates of nomination
by individual electors, minutes of an assembly of electors or minor political
party formation petitions.
     (2) Regardless of any provision to the
contrary in a county or city charter or ordinance, for the purpose of
nominating city or county candidates, recalling city or county officers or
forming a minor political party, an individual must use the applicable form
designed under this section. [Formerly 246.180; 1985 c.808 §11; 1989 c.68 §3]
     249.010 [Repealed by 1957 c.608 §231]
     249.011 [1957 c.608 §65(1); repealed by 1979 c.190 §431]
     249.012
Preservation of certain records. Certificates of nomination, acceptances and withdrawals shall be
preserved for two years after the election to which they relate. [1979 c.190 §99]
     249.013
Candidacy for more than one office; effect of filing petition or declaration
for more than one office without prior withdrawal; district and city offices. (1) No person shall be a candidate for more
than one lucrative office to be filled at the same election.
     (2) No person shall file a nominating
petition or declaration of candidacy for more than one lucrative office or more
than one office of precinct committeeperson before the date of the election at
which a person will be nominated or elected to each office unless the person
first files a written withdrawal, under ORS 249.170, of the personÂ’s initial
filing.
     (3) If at any time before the date of the
election at which a person will be nominated or elected to each office it is
determined that a person has filed two or more nominating petitions or
declarations of candidacy for any lucrative office or two or more nominating
petitions or declarations of candidacy for the office of precinct
committeeperson without written withdrawal or withdrawals intervening, all such
filings shall be invalid and any other filing made by the same person shall be
void.
     (4)(a) No person shall be a candidate for
more than one district office to be filled at the same election. This paragraph
does not apply to a district that has fewer than 10,000 electors residing
within the district.
     (b) No person shall be a candidate for
more than one position on the same district board to be filled at the same
election.
     (c) As used in this subsection, “district”
means a district as defined in ORS 255.012.
     (5) No person shall be a candidate for
more than one city office to be filled at the same election.
     (6) Notwithstanding any provision of this
section, in the case of a vacancy to be filled by election, the same person is
eligible for nomination and election to both the unexpired and the succeeding
terms. The name of the candidate may be placed on the ballot in both places. [Formerly
249.750; 1991 c.971 §15; 1995 c.606 §6a; 1995 c.607 §14; 1999 c.318 §49; 2001
c.965 §3]
     249.014 [1961 c.64 §2; 1971 c.749 §76; 1979 c.190 §95;
renumbered 249.004]
     249.015 [1979 c.190 §101; 1983 c.514 §6; repealed by
2005 c.797 §73]
MAJOR
POLITICAL PARTY NOMINATIONS AND NOMINATIONS TO NONPARTISAN OFFICE
(Generally)
     249.016
Nomination of candidates of major political party or for nonpartisan office. A candidate of a major political party for
public office or a candidate for nonpartisan office shall be nominated only in
the manner provided in ORS 249.016 to 249.205. [1957 c.608 §65 (2); 1979 c.190 §102;
1993 c.797 §7; 2001 c.721 §4]
     249.020
Filing of candidatesÂ’ nominating petition or declaration of candidacy. (1) An eligible elector may become a
candidate for nonpartisan office, or for the nomination to an office by the
major political party of which the elector is a member, by filing a nominating
petition or a declaration of candidacy.
     (2) At the time of filing, a declaration
of candidacy shall be accompanied by the filing fee specified in ORS 249.056.
     (3) At the time of filing, a nominating
petition shall contain the signature sheets described under ORS 249.064. [Amended
by 1957 c.608 §66; 1975 c.779 §17; 1979 c.190 §103]
     249.023
Nomination of major political party candidates who attain age of 18 years after
deadline for filing nominating petition or declaration of candidacy. Notwithstanding any provision of this
chapter, and except as provided in section 8, Article IV, Oregon Constitution,
and section 2, Article V, Oregon Constitution, an otherwise qualified person
who will attain the age of 18 years after the deadline for filing a nominating
petition or declaration of candidacy for nomination to any major political
party office and on or before the date of the primary election, and who is
registered as a member of the major political party not later than the date of
the primary election, is eligible to file a nominating petition for nomination
to any major political party office, to be listed on the ballot and to be
nominated for the office, including by write-in votes. [1993 c.583 §4; 1995
c.712 §24]
     249.025 [1973 c.283 §2; repealed by 1979 c.190 §431]
     249.030 [Repealed by 1957 c.608 §231]
     249.031
Contents of petition or declaration. (1) Except as provided in subsection (2) of this section, a nominating
petition or declaration of candidacy shall contain:
     (a) The name by which the candidate is
commonly known. A candidate may use a nickname in parentheses in connection
with the candidateÂ’s full name.
     (b) Address information as required by the
Secretary of State by rule.
     (c) The office and department or position
number, if any, for which the candidate seeks nomination.
     (d) If the candidate is seeking the
nomination of a major political party, the name of the major political party of
which the candidate will have been a member, subject to the exceptions stated
in ORS 249.046, during at least 180 days before the deadline for filing a
nominating petition or declaration of candidacy.
     (e) A statement that the candidate is
willing to accept the nomination or election or, regarding a candidate for
precinct committeeperson, that the candidate accepts the office if elected.
     (f) A statement that the candidate will
qualify if elected.
     (g) If the candidate is seeking the
nomination of a major political party, a statement that the candidate, if not
nominated, will not accept the nomination or indorsement of any political party
other than the one of which the candidate is a member on the date the petition
or declaration is filed.
     (h) The signature of the candidate.
     (i) A statement of the candidate’s
occupation, educational and occupational background and prior governmental
experience.
     (2) Subsection (1)(i) of this section does
not apply to a candidate for election as a precinct committeeperson.
     (3) A declaration of candidacy shall
include a statement that the required fee is included with the declaration.
     (4) If required by the national rules of
the major political party, the declaration of a candidate for election as a
precinct committeeperson shall include the name of the individual the candidate
supports for President of the
     249.035
Filing officer. A nominating
petition or declaration of candidacy relating to a candidate for:
     (1) State office, United States Senator or
Representative in Congress shall be filed with the Secretary of State.
     (2) County office or precinct
committeeperson shall be filed with the county clerk.
     (3) City office shall be filed with the
chief city elections officer.
     (4) Any elected office of a metropolitan
service district under ORS chapter 268 shall be filed with the county clerk of
the county in which the administrative office of the district is located.
     (5) Any other office shall be filed under
ORS chapter 255. [1979 c.190 §105; 1981 c.173 §21; 1981 c.485 §3; 1983 c.350 §65;
1985 c.808 §12; 1993 c.493 §89]
     249.037
Time for filing petition or declaration. (1) A nominating petition or declaration of candidacy shall be filed
not sooner than the 250th day and not later than the 70th day before the date
of the primary election.
     (2) Notwithstanding subsection (1) of this
section, a declaration of candidacy for the office of precinct committeeperson
may not be filed before February 1 immediately preceding the primary election. [Formerly
249.060; 1987 c.267 §16; 1995 c.607 §§16,16a; 1995 c.712 §25; 1999 c.999 §37;
2001 c.145 §1; 2005 c.797 §32]
     249.040 [Repealed by 1957 c.608 §231]
     249.041 [1957 c.608 §69; 1975 c.779 §19; 1979 c.190 §113;
renumbered 249.068]
     249.042
Declaration or petition as evidence of candidacy. When an elector files with the appropriate
filing officer the statement and prospective petition under ORS 249.061, or a
declaration of candidacy, it is conclusive evidence that the elector is a
candidate for nomination or election by the electorÂ’s political party or to the
nonpartisan office stated in the petition or declaration. [1979 c.190 §107;
2007 c.155 §2]
     249.046
Party membership required for nomination of party; effect of inactive
registration; exceptions. If
a candidate has not been a member of the major political party for at least 180
days before the deadline for filing a nominating petition or declaration of
candidacy, the candidate shall not be entitled to receive the nomination of
that major political party. If a candidateÂ’s registration becomes inactive, the
inactive status shall not constitute a lapse of membership in the party if,
immediately before the registration became inactive, the candidate was a member
of the party and was not a member of any other political party within the 180
days preceding the deadline for filing a nominating petition or declaration of
candidacy. The requirement that the candidate be qualified by length of
membership does not apply to any candidate whose 18th birthday falls within the
period of 180 days or to a write-in candidate. [1979 c.190 §108; 1991 c.719 §6;
1995 c.742 §11]
     249.048
Unsuccessful candidate not eligible as candidate. A candidate for nomination of a major
political party to a public office who fails to receive the nomination may not
be the candidate of any other political party or a nonaffiliated candidate for
the same office at the succeeding general election. The filing officer may not
certify the name of the candidate. [Formerly 249.420; 2005 c.797 §62]
     249.050 [Repealed by 1957 c.608 §231]
     249.051 [1957 c.608 §70; 1979 c.190 §115; renumbered
249.076]
     249.055 [1957 c.608 §71; 1959 c.177 §1; 1977 c.508 §4;
1979 c.190 §97; renumbered 249.008]
(Declarations
of Candidacy)
     249.056
Filing fees. (1) At the time
of filing a declaration of candidacy a candidate for the following offices
shall pay to the officer with whom the declaration is filed the following fee:
     (a) United States Senator, $150.
     (b) Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor and
Industries, Superintendent of Public Instruction, Representative in Congress,
judge of the Supreme Court, Court of Appeals or Oregon Tax Court, or executive
officer or auditor of a metropolitan service district, $100.
     (c) County office, district attorney or
circuit court judge, $50.
     (d) State Senator or Representative or
councilor of a metropolitan service district under ORS chapter 268, $25.
     (2) No filing fee shall be required of
persons filing a declaration of candidacy for precinct committeeperson or
justice of the peace. [Formerly 249.271; 1981 c.173 §22; 1983 c.567 §6; 1993
c.493 §90]
     249.060 [Amended by 1957 c.608 §72; 1971 c.749 §77;
1973 c.827 §24c; 1979 c.190 §106; renumbered 249.037]
(Nominating
Petitions)
     249.061
One candidate per petition; prospective petition; statement regarding payment
of petition circulators; certification of signature sheets. (1) A petition for nomination may not
contain the name of more than one candidate.
     (2) Before circulating a nominating
petition, the candidate shall deliver to the officer with whom the petition
will be filed:
     (a) A statement signed by the candidate
indicating that the candidacy is by prospective petition; and
     (b) A copy of the prospective petition.
     (3) The candidate shall include with the
nominating petition a statement declaring whether one or more persons will be
paid money or other valuable consideration for obtaining signatures of electors
on the nominating petition. After the nominating petition is filed, the
candidate shall notify the filing officer not later than the 10th day after the
candidate first has knowledge or should have had knowledge that:
     (a) Any person is being paid for obtaining
signatures, when the statement included with the nominating petition declared
that no such person would be paid.
     (b) No person is being paid for obtaining
signatures, when the statement included with the nominating petition declared
that one or more such persons would be paid.
     (4) The circulator shall certify on each
signature sheet that the circulator:
     (a) Witnessed the signing of the signature
sheet by each individual whose signature appears on the signature sheet; and
     (b) Believes each individual is an elector
qualified to sign the petition. [1979 c.190 §111; 1983 c.756 §3; 1993 c.493 §7;
1999 c.318 §24; 2007 c.155 §3; 2007 c.848 §23]
     249.064
Information required on petition; certification of petition. (1) A nominating petition of a candidate
seeking the nomination of a major political party shall contain a statement
that each elector whose signature appears on the petition is a member of the
same major political party as is the candidate.
     (2) A nominating petition of any candidate
shall contain the number of signatures of electors required by ORS 249.068 or
249.072 and the residence or mailing address and name or number of the
precinct, if known, of each elector whose signature appears.
     (3) Pursuant to ORS 249.008, the county
clerks shall certify the signatures contained in the nominating petition for
genuineness. [1979 c.190 §112; 2007 c.155 §4; 2007 c.881 §3]
     249.068
Requirements regarding number and distribution of persons signing partisan
petitions. (1) Except as
otherwise provided for a candidate for nonpartisan office in ORS 249.072:
     (a) A nominating petition for an office to
be voted for in the state at large or for a candidate for Representative in
Congress shall contain signatures of members of the same major political party
as the candidate. Except as provided in this subsection, there shall be at
least 1,000 signatures or the number of signatures at least equal to two
percent of the vote cast in the state or congressional district, as the case
may be, for the candidates of that major political party for presidential
electors at the last presidential election, whichever is less;
     (b) For an election next following any
change in the boundaries of a congressional district, there shall be at least
1,000 signatures or the number of signatures at least equal to two percent of
the average number of votes cast in all congressional districts in this state,
as the case may be, for the candidates of that major political party for
presidential electors at the last presidential election, whichever is less;
     (c) In the case of a candidate nominated
by a major political party that did not nominate presidential electors at the
last presidential election, there shall be at least 1,000 signatures; and
     (d) If the office is one to be voted for
in the state at large, the signatures shall include those of electors
registered in at least five percent of the precincts in each of at least seven
counties. If the office is one to be voted for in a congressional district the
signatures shall include those of electors registered in at least five percent
of the precincts in each of at least one-fourth of the counties in the
congressional district.
     (2) Except as otherwise provided in this
section or for a candidate for nonpartisan office in ORS 249.072:
     (a) A nominating petition for an office
not provided for in subsection (1) of this section shall contain the signatures
of electors who are members of the same major political party as the candidate.
There shall be at least 500 signatures or the number of signatures at least
equal to two percent of the vote in the electoral district for the candidates
of that major political party for presidential electors at the last
presidential election, whichever is less;
     (b) In the case of major political party
candidates for the office of state Senator or state Representative, for an
election next following any change in the boundaries of the districts of state
Senators or state Representatives under section 6, Article IV of the Oregon
Constitution, there shall be at least 500 signatures or the number of
signatures at least equal to two percent of the average number of votes cast in
all state senatorial or state representative districts in this state, as the
case may be, for the candidates of that major political party for presidential
electors at the last presidential election, whichever is less;
     (c) In the case of a candidate nominated
by a major political party that did not nominate presidential electors at the
last presidential election, there shall be at least 500 signatures;
     (d) If the office under this subsection is
to be voted for in more than one county, the signatures shall include those of
electors registered in at least six percent of the precincts in the electoral
district that are located in each of two or more of the counties, or portions
of the counties, within which the electoral district is located. If six percent
of the precincts of the electoral district in one of the counties or portion
thereof does not constitute a whole precinct, the nominating petition shall
contain signatures from at least one precinct in that county; and
     (e) If the office is to be voted for in
only one county or in a city, the signatures shall include those of electors
registered in at least 10 percent of the precincts in the electoral district. [Formerly
249.041; 1983 c.567 §7; 1985 c.808 §13; 1993 c.493 §13; 1995 c.606 §5; 1999
c.410 §22; 2001 c.721 §5; 2005 c.797 §34]
     249.070 [1957 c.608 §73; 1979 c.190 §231; renumbered
254.076]
     249.072
Requirements regarding number and distribution of persons signing nonpartisan
petitions. (1) If the
nonpartisan office is to be voted for in the state at large, the nominating
petition shall contain at least 1,000 signatures of electors, or a number of
signatures of electors equal to at least one percent of the vote cast in the
state for all candidates for Governor at the most recent election at which a
candidate for Governor was elected to a full term, whichever is less. The
signatures shall include those of electors registered in each of at least five
percent of the precincts in each of at least seven counties.
     (2) The nominating petition for a
nonpartisan office not provided for in subsection (1) of this section shall
contain at least 500 signatures of electors in the electoral district, or a
number of signatures of electors equal to at least one percent of the vote cast
in the electoral district for all candidates for Governor at the most recent
election at which a candidate for Governor was elected to a full term, whichever
is less. In addition:
     (a) If an office under this subsection is
to be voted for in more than one county, the signatures shall include those of
electors registered in each of at least six percent of the precincts in the
electoral district that are located in each of two or more of the counties, or
portions of the counties, within which the electoral district is located. If
six percent of the precincts of the electoral district in one of the counties
or portion thereof does not constitute a whole precinct, the nominating
petition shall contain signatures from at least one precinct in that county.
     (b) If the office is to be voted for in
only one county or in a city, the signatures shall include those of electors
registered in each of at least 10 percent of the precincts in the electoral
district. [Formerly 252.810; 1987 c.707 §7; 1989 c.174 §2; 1999 c.410 §23]
     249.076
Qualifications of signers of petitions. (1) A person who is not a member of the same major political party as
the candidate for nomination by the major political party may not sign the
nominating petition of the candidate.
     (2) Any elector may sign:
     (a) A nominating petition or certificate
of nomination of any candidate for nonpartisan office;
     (b) A nominating petition or certificate
of nomination of any nonaffiliated candidate; and
     (c) Nominating petitions or certificates
of nomination for more than one candidate for the same office. [Formerly
249.051; 1981 c.173 §23; 2005 c.797 §63]
(Nomination
of Presidential Candidate by Major Political Party)
     249.078
Printing name of candidate for presidential nomination of major party on
ballot; discretion of Secretary of State; nominating petition; petition
requirements. (1) The name
of a candidate for a major political party nomination for President of the
     (a) By direction of the Secretary of State
who in the secretaryÂ’s sole discretion has determined that the candidateÂ’s
candidacy is generally advocated or is recognized in national news media; or
     (b) By nominating petition described in
this section and filed with the Secretary of State.
     (2) A petition nominating a candidate
under this section shall contain from each congressional district the
signatures of at least 1,000 electors who are registered in the district and
who are members of the major political party of the candidate. The electors in
each congressional district shall include electors registered in at least five
percent of the precincts in each of at least one-fourth of the counties in the
congressional district. The petition shall contain the printed name, residence
or mailing address and name or number of the precinct, if known, of each
elector whose signature appears on the petition. The signatures shall be
certified for genuineness by the county clerks under ORS 249.008.
     (3) Before circulating the nominating
petition, the chief sponsor shall file with the Secretary of State a signed
copy of the prospective petition. The chief sponsor shall include with the
prospective petition a statement declaring whether one or more persons will be
paid money or other valuable consideration for obtaining signatures of electors
on the petition. After the prospective petition is filed, the chief sponsor
shall notify the Secretary of State not later than the 10th day after the chief
sponsor first has knowledge or should have had knowledge that:
     (a) Any person is being paid for obtaining
signatures, when the statement included with the prospective petition declared
that no such person would be paid.
     (b) No person is being paid for obtaining
signatures, when the statement included with the prospective petition declared
that one or more such persons would be paid. [1979 c.190 §116; 1981 c.173 §24;
1983 c.756 §4; 1987 c.267 §17; 1995 c.712 §26; 1999 c.410 §24; 1999 c.999 §38;
2007 c.154 §8; 2007 c.155 §5]
     249.080 [Repealed by 1957 c.608 §231]
     249.085 [1979 c.190 §117; 1979 c.451 §4; 1979 c.587 §2;
1985 c.808 §14; repealed by 1989 c.218 §4]
(Nomination
to Nonpartisan Office)
     249.088
Determining number of nominees; nomination or election of candidate at
nominating election. (1)
Unless otherwise provided by a home rule charter, at the nominating election
held on the date of the primary election, two candidates shall be nominated for
the nonpartisan office. However, when a candidate, other than a candidate for
the office of sheriff, a candidate for the office of county clerk, a candidate
for the office of county treasurer or a candidate to fill a vacancy, receives a
majority of the votes cast for the office at the nominating election, that
candidate is elected.
     (2) When a candidate for the office of
sheriff, the office of county clerk, the office of county treasurer or a
candidate to fill a vacancy receives a majority of votes cast for the office at
the nominating election, that candidate alone is nominated. [1979 c.190 §118;
1979 c.451 §5; 1979 c.587 §3; 1983 c.350 §66; 1989 c.218 §1; 1991 c.719 §7;
1993 c.493 §12; 1995 c.92 §2; 1995 c.607 §77; 1995 c.712 §27]
     249.090 [Amended by 1957 c.608 §74; 1975 c.766 §5;
1977 c.829 §6; repealed by 1979 c.190 §431]
     249.091
Nomination of certain nonpartisan candidates without election. Unless otherwise provided by a home rule
charter, if a nominating petition or declaration of candidacy is filed by no
more than two candidates for the office of sheriff, the office of county
treasurer or the office of county clerk or by no more than two candidates to
fill a vacancy in a nonpartisan office:
     (1) The candidate or candidates shall be
the nominee or nominees for the office; and
     (2) The name or names of the candidate or
candidates may not be printed on the ballot at the nominating election. [1995
c.92 §4; 1995 c.607 §77a; 2007 c.154 §9]
     249.100 [Amended by 1975 c.675 §11; repealed by 1979
c.190 §431]
     249.110 [Amended by 1957 c.608 §75; 1961 c.121 §1;
1975 c.675 §12; repealed by 1979 c.190 §431]
     249.120 [Repealed by 1957 c.608 §231]
     249.130 [1967 c.126 §3; 1979 c.190 §96; renumbered
249.006]
     249.150 [Formerly 249.280; 1973 c.827 §24d; 1975
c.675 §13; repealed by 1979 c.190 §431]
     249.160 [1967 c.126 §§2,4; 1979 c.190 §119; 1987
c.267 §19; repealed by 1995 c.607 §91]
(Withdrawal
Before Nomination)
     249.170
Withdrawal of candidacy; refund of filing fee. (1) A candidate who has filed a declaration
of candidacy or a nominating petition may withdraw not later than the 67th day
before the date of the primary election by filing a statement of withdrawal
with the filing officer with whom the declaration or petition was filed. The
statement shall be made under oath and state the reasons for withdrawal.
     (2) The official with whom a declaration
of candidacy is filed, upon request received not later than the 67th day before
the date of the primary election, shall refund the filing fee of a candidate
who dies, withdraws or becomes ineligible for the nomination. [1979 c.190 §120;
1987 c.267 §20; 1995 c.712 §29]
(Withdrawal
from Nomination)
     249.180
Withdrawal of candidacy by nominee. Any person who has been nominated at a primary election, or any person
who has been nominated to fill a vacancy as provided in ORS 188.120 or 249.190
and 249.200, may withdraw from nomination by filing a written statement
declining the nomination and stating the reason for withdrawal. The statement
shall be signed by the candidate and filed not later than the 67th day before
the general election with the officer with whom the candidateÂ’s declaration of
candidacy or nominating petition was filed. [Formerly 249.680; 1985 c.471 §6;
1987 c.267 §21; 1995 c.712 §30; 1999 c.318 §3]
(Filling
Vacancy in Nomination or Office)
     249.190
Filling vacancy in nomination of major party; rules. (1) Except as provided in ORS 254.650, a
vacancy in the nomination of a major political party candidate may be filled
before the date of the general election by that political party in a manner
prescribed by party rule.
     (2) Immediately after selecting a new
nominee, the party, by the most expeditious means practicable, shall notify the
filing officer with whom a declaration of candidacy for the office is filed of
the name of the nominee.
     (3) The Secretary of State by rule may
adopt a schedule specifying the period following a vacancy within which a major
political party must notify the filing officer of the name of the new nominee. [1979
c.190 §122; 1985 c.808 §15; 2003 c.542 §23]
     249.200
Nomination by major party to fill vacancy in partisan office; exceptions;
rules. (1) A major political
party may nominate a candidate to fill a vacancy in a partisan elective office
in the following manner:
     (a) If the vacancy occurs on or before the
70th day before a primary election, by selecting a nominee at the next primary
election; or
     (b) If the vacancy occurs after the 70th
day before the primary election but before the 61st day before the general
election, by selecting a nominee as provided by party rule.
     (2) The procedure under subsection (1) of
this section shall not apply in any case in which one of the following specific
procedures for filling a vacancy applies:
     (a) The procedure specified in ORS 188.120
for the offices of Representative in Congress and United States Senator.
     (b) The appointment procedure specified in
ORS 171.051 to 171.064 for state legislative office.
     (c) The procedure specified in ORS chapter
236 for county office.
     (d) The procedure specified in ORS chapter
221 for city office.
     (3) A party that selects a nominee under
subsection (1)(b) of this section, immediately after the nomination, shall
notify the filing officer with whom a declaration of candidacy for the office
is filed of the name of the nominee by the most expeditious means practicable.
     (4) The Secretary of State by rule may
adopt a schedule specifying the period following a vacancy within which a major
political party that selects a nominee under subsection (1)(b) of this section
must notify the filing officer of the name of the nominee under subsection (3)
of this section. [1979 c.190 §123; 1985 c.586 §3; 1985 c.808 §16; 1987 c.267 §22;
1987 c.380 §4; 1987 c.549 §5; 1995 c.607 §17; 1995 c.712 §31]
     249.205
Filling vacancy in nomination to nonpartisan office; nomination procedure to
fill vacancy in nonpartisan office; rules. (1) If the only candidate nominated to a nonpartisan office dies,
withdraws or becomes ineligible, or if a vacancy occurs in the nonpartisan
office after the 70th day before the nominating election and on or before the
62nd day before the general election, a candidate for the office may file a
declaration of candidacy in the manner provided for nonpartisan office or shall
be nominated by nominating petition in the manner provided for nonpartisan
office.
     (2) The Secretary of State by rule may
adopt a schedule for filing nominating petitions or declarations of candidacy
under this section. The schedule may specify the period within which nominating
petitions or declarations of candidacy must be filed after a vacancy occurs. [Formerly
252.060; 1981 c.173 §25; 1983 c.7 §2; 1983 c.567 §8; 1985 c.808 §17; 1995 c.607
§18; 1999 c.318 §4]
     249.210 [Amended by 1957 c.608 §76; 1975 c.675 §14;
1975 c.779 §20a; repealed by 1979 c.190 §431]
     249.220 [Repealed by 1957 c.608 §231]
     249.221 [1957 c.608 §78; 1961 c.336 §2; 1961 c.667 §6;
1969 c.245 §2; 1975 c.779 §21; repealed by 1979 c.190 §431]
     249.230 [Repealed by 1957 c.608 §231]
     249.240 [Repealed by 1957 c.608 §231]
     249.250 [Repealed by 1957 c.608 §231]
     249.260 [Amended by 1957 c.608 §79; 1971 c.749 §78;
repealed by 1979 c.190 §431]
     249.270 [Repealed by 1957 c.608 §231]
     249.271 [1957 c.608 §80; 1973 c.152 §1; 1975 c.779 §22;
1977 c.665 §9; 1979 c.190 §110; renumbered 249.056]
     249.280 [Amended by 1957 c.608 §81; 1961 c.76 §1;
renumbered 249.150]
     249.310 [Repealed by 1979 c.190 §431]
     249.320 [Amended by 1957 c.608 §87; repealed by 1979
c.190 §431]
     249.330 [Amended by 1955 c.726 §7; repealed by 1957
c.608 §231]
     249.340 [Amended by 1965 c.417 §1; repealed by 1979
c.190 §431]
     249.350 [Amended by 1957 c.608 §88; 1961 c.121 §2;
repealed by 1979 c.190 §431]
     249.352 [Formerly 249.530; 1961 c.121 §3; repealed
by 1979 c.190 §431]
     249.354 [Formerly 249.550; 1963 c.174 §1; subsection
(7) enacted as 1967 c.26 §2; 1969 c.245 §3; 1973 c.154 §2; 1975 c.779 §23; 1977
c.508 §5; 1979 c.190 §235; 1979 c.409 §1; renumbered 254.115]
     249.356 [1957 c.608 §103; 1961 c.68 §1; 1975 c.675 §15;
repealed by 1979 c.190 §431]
     249.358 [Formerly 249.540; 1961 c.74 §1; 1967 c.340 §1;
repealed by 1979 c.190 §431]
     249.360 [Repealed by 1957 c.608 §231]
     249.362 [Formerly 249.570; 1979 c.190 §239;
renumbered 254.155]
     249.364 [Formerly 249.580; 1979 c.190 §388;
renumbered 260.675]
     249.366 [Formerly 249.510; 1979 c.190 §259;
renumbered 254.365]
     249.367 [1969 c.101 §3; 1977 c.829 §7; repealed by
1979 c.190 §431]
     249.368 [Formerly 249.600; 1959 c.390 §1; 1961 c.170
§1; 1969 c.101 §1; repealed by 1979 c.190 §431]
     249.369 [1957 c.608 §107; 1961 c.114 §10; 1977 c.352
§3; repealed by 1979 c.190 §431]
     249.370 [Amended by 1957 c.608 §89; repealed by 1979
c.190 §431]
     249.375 [1963 c.345 §§2,3; repealed by 1979 c.190 §431]
     249.380 [Amended by 1957 c.608 §90; 1961 c.139 §1;
repealed by 1979 c.190 §431]
     249.385 [1963 c.337 §2; repealed by 1979 c.190 §431]
     249.390 [Repealed by 1957 c.608 §231]
     249.400 [Amended by 1955 c.498 §12; repealed by 1957
c.608 §231]
     249.410 [Amended by 1957 c.608 §91; repealed by 1979
c.190 §431]
     249.420 [Amended by 1957 c.608 §92; 1979 c.190 §109;
renumbered 249.048]
     249.430 [Amended by 1957 c.608 §93; repealed by 1979
c.190 §431]
     249.440 [Amended by 1957 c.608 §94; repealed by 1979
c.190 §431]
     249.450 [Amended by 1957 c.608 §95; repealed by 1979
c.190 §431]
     249.460 [Amended by 1957 c.608 §96; 1969 c.81 §1;
1975 c.675 §16; repealed by 1979 c.190 §431]
     249.470 [Amended by 1957 c.608 §97; 1975 c.675 §17;
repealed by 1979 c.190 §431]
     249.480 [Amended by 1957 c.608 §98; 1975 c.675 §18;
repealed by 1979 c.190 §431]
     249.490 [Repealed by 1957 c.608 §231]
     249.491 [1957 c.608 §99; 1979 c.190 §278; renumbered
254.565]
     249.505 [1971 c.29 §3; repealed by 1973 c.125 §1]
     249.510 [Amended by 1957 c.608 §100; renumbered
249.366]
     249.515 [1971 c.29 §4; repealed by 1973 c.125 §1]
     249.520 [Repealed by 1957 c.608 §231]
     249.525 [1971 c.29 §5; repealed by 1979 c.190 §431]
     249.530 [Amended by 1957 c.608 §101; renumbered
249.352]
     249.535 [1971 c.29 §6; repealed by 1973 c.125 §1]
     249.540 [Amended by 1957 c.608 §102; renumbered
249.358]
     249.545 [1971 c.29 §2; repealed by 1979 c.190 §431]
     249.550 [Amended by 1957 c.608 §104; renumbered
249.354]
     249.560 [Repealed by 1957 c.608 §231]
     249.570 [Amended by 1957 c.608 §105; renumbered
249.362]
     249.580 [Amended by 1957 c.608 §106; renumbered
249.364]
     249.590 [Repealed by 1957 c.608 §231]
     249.600 [Amended by 1957 c.608 §108; renumbered
249.368]
     249.610 [Repealed by 1957 c.608 §231]
     249.640 [1975 c.779 §24; 1977 c.829 §8; repealed by
1979 c.190 §431]
     249.650 [1957 c.608 §82; repealed by 1975 c.799 §28]
     249.652 [1973 c.527 §5; repealed by 1975 c.799 §28]
     249.654 [1973 c.527 §§6,7,8; 1975 c.779 §25; 1979
c.190 §394; renumbered 188.120]
     249.655 [1957 c.608 §83; repealed by 1973 c.527 §10]
     249.656 [1973 c.527 §9; repealed by 1975 c.799 §28]
     249.660 [1957 c.608 §84; 1973 c.773 §6; repealed by
1975 c.799 §28]
     249.665 [1957 c.608 §85; 1973 c.773 §7; repealed by
1975 c.799 §28]
     249.670 [1957 c.608 §86; repealed by 1975 c.799 §28]
     249.680 [1961 c.73 §2; 1975 c.779 §26; 1979 c.190 §121;
renumbered 249.180]
NOMINATION OF
CANDIDATES TO PARTISAN OFFICE BY OTHER THAN MAJOR POLITICAL PARTY
(General
Provisions)
     249.705
Nomination by other than major party. A minor political party, assembly of electors or individual electors
may nominate one candidate for each partisan public office to be filled at the
general election by preparing and filing a certificate of nomination as
provided in ORS 249.712 to 249.850. [1979 c.190 §125]
     249.710 [Amended by 1957 c.608 §109; 1963 c.176 §1;
1977 c.829 §9; repealed by 1979 c.190 §431]
     249.712
Acceptance of nomination.
(1) To complete a nomination, the nominee must accept the nomination.
     (2) The acceptance of the nominee may be
indorsed upon the certificate of nomination and signed by the nominee, or it
may be indorsed by a letter or telegram from the nominee attached to the
certificate and filed with it. If the acceptance does not accompany the
certificate of nomination, the nominee, at any time after the certificate is
filed and before the time for filing nominations for the office has expired,
may file an acceptance in the same manner and in the same office where the
certificate is filed. The officer with whom the acceptance is filed shall
indorse it and attach it to the certificate of nomination to which it refers. [Formerly
249.760]
     249.715 [1977 c.324 §2; 1979 c.190 §130; renumbered
249.735]
     249.720
Information to be contained in certificate of nomination. (1) A certificate of nomination shall
contain:
     (a) The name by which the candidate is
commonly known. A candidate may use a nickname in parentheses in connection
with the full name.
     (b) Address information as required by the
Secretary of State by rule.
     (c) The office, and department or position
number if any, for which the candidate is nominated.
     (d) The name of the minor political party,
if any, that nominated the candidate.
     (e) If the candidate is nominated for a
partisan office by an assembly of electors or individual electors, the word “nonaffiliated”
and a statement that the candidate has not been a member of a major or minor
political party during at least 180 days before the deadline for filing the
certificate of nomination.
     (f) A statement that the candidate will
qualify if elected.
     (g) The signature of the candidate.
     (h) A statement of the candidate’s
occupation, educational and occupational background and prior governmental
experience.
     (2) For certificates of nomination of
candidates for electors of President and Vice President of the
     (3) A certificate of nomination made by an
assembly of electors shall be signed by the presiding officer and secretary of
the nominating convention of the assembly. A certificate of nomination made by
a minor political party shall be signed by an officer of the party. An
affidavit shall be made on the certificate by the presiding officer and
secretary of the nominating convention of the assembly or by the officer of the
minor political party and signed and acknowledged by them before a notary
public. The affidavit shall be that the statements in the certificate of
nomination and related documents are true. With respect to an assembly of electors,
the affidavit shall state that the assembly satisfied the requirements of ORS
249.735. [Amended by 1957 c.608 §110; 1961 c.336 §3; 1973 c.841 §2; 1975 c.678 §24;
1979 c.190 §127; 1981 c.142 §1; 1991 c.719 §8; 1993 c.797 §13; 1995 c.607 §19;
2005 c.797 §35]
     249.722
Time for filing certificate; filing officers; rules. (1) Except as provided in subsection (3) of
this section, a certificate of nomination of a candidate for public office
shall be filed not sooner than the 15th day after the date of the primary
election and not later than the 70th day before the date of the general
election.
     (2) A certificate of nomination of a
candidate for:
     (a) State office, United States Senator or
Representative in Congress shall be filed with the Secretary of State.
     (b) County office shall be filed with the
county clerk.
     (c) City office shall be filed with the
chief city elections officer.
     (3) For a special election, including an
election to fill a vacancy that occurs after the 70th day before the general
election, the Secretary of State by rule may adopt a schedule specifying the
period within which a certificate of nomination must be filed. If the Secretary
of State does not adopt a rule under this subsection, a certificate of
nomination must be filed before the 61st day preceding the election. [1979
c.190 §128; 1987 c.267 §23; 1993 c.493 §§8,9; 1995 c.607 §20; 1995 c.712 §32;
1999 c.999 §39; 2001 c.145 §2; 2005 c.593 §3; 2005 c.797 §33]
     249.730 [Amended by 1957 c.608 §111; 1963 c.176 §2;
1977 c.324 §3; repealed by 1979 c.190 §431]
     249.732 [1979 c.190 §129; 1983 c.756 §6; 1989 c.923 §28;
repealed by 1993 c.493 §113 and 1993 c.797 §33]
(Nomination
by Assembly of Electors)
     249.735
Qualification as assembly of electors; records; notice; nomination by assembly. (1) An assembly of electors is an organized
body:
     (a) Of not fewer than 1,000 electors of
the state for a statewide nomination.
     (b) Of not fewer than 500 electors of the
congressional district for which the nomination for Representative in Congress
is made.
     (c) Of not fewer than 250 electors of the
county or any other district for which the nomination is made.
     (2) An assembly of electors may nominate
candidates at a nominating convention. The convention shall be held in one day
and last not longer than 12 hours. The signature, printed name and residence or
mailing address of each member of the assembly shall be recorded at the
convention and entered of record in the minutes by the secretary of the
assembly. Not less than the minimum number of electors required to constitute
an assembly of electors must have recorded their signatures in the minutes of
the assembly and must be present when the assembly nominates a candidate. The
candidate receiving the highest number of votes of the assembly for the office
shall be the nominee of the assembly.
     (3) Not later than the 10th day before the
meeting of an assembly of electors, notice shall be published at least once in
not less than three newspapers of general circulation within the electoral
district for which the nomination will be made. The notice shall contain the
time and place the assembly will meet, the office or offices for which
nominations will be made, and the names and addresses of not fewer than 25
electors qualified to vote in the assembly who desire that it be held.
     (4) Proof of publication of notice in
subsection (3) of this section shall be made by affidavit of the owner, editor,
publisher, manager, advertising manager, principal clerk of any of them, or the
printer or printerÂ’s foreman of the newspaper in which the notice is published.
The affidavit shall show publication and shall be filed with the filing officer
with the certificate of nomination.
     (5) Not later than the 10th day before the
meeting of an assembly of electors, a copy of the notice under subsection (3)
of this section shall be delivered to the filing officer who will supervise the
conduct of the nominating convention.
     (6) The presiding officer of an assembly
of electors shall deliver the signatures of assembly members entered in the
minutes to the appropriate county clerks of the counties in which the assembly
members live. The signatures shall be certified by the appropriate county clerk
under ORS 249.008. A copy of the minutes, certified by the secretary of the
assembly, and the certificate of the county clerk shall be filed with the
filing officer with the certificate of nomination.
     (7) If the assembly of electors designates
a committee to whom the assembly delegated the authority to fill vacancies as
provided in ORS 249.842, a notice containing the names of the members of the
committee shall be delivered to the filing officer with the certificate of
nomination. [Formerly 249.715; 1983 c.514 §7; 1983 c.567 §9; 1985 c.808 §18;
1993 c.797 §14; 2005 c.797 §60]
     249.737
Filing officer for nomination by assembly of electors. (1) The filing officer for the office for
which nominations will be considered by an assembly of electors shall supervise
the conduct of the nominating convention. The filing officer shall insure that
when the assembly of electors makes a nomination, the number of electors
required to be present at the nominating convention for the purpose of
constituting an assembly is at least equal to each of the following:
     (a) The number of signatures of assembly
members in the minutes of the assembly.
     (b) The number of electors present at the
nominating convention.
     (2) If an assembly of electors will
consider nominations for an office for which the Secretary of State is the
filing officer and an office for which the county clerk or chief city elections
officer is the filing officer, the Secretary of State shall be the supervising
officer under subsection (1) of this section.
     (3) If an assembly of electors will
consider nominations for an office for which the county clerk is the filing
officer and an office for which the chief city elections officer is the filing
officer, the county clerk shall be the supervising officer under subsection (1)
of this section. [1983 c.567 §11]
(Nomination
by Individual Electors)
     249.740
Certificates of nomination made by individual electors; statement regarding
payment of petition circulators; certification of signature sheets. (1) A certificate of nomination made by
individual electors shall contain a number of signatures of electors in the electoral
district equal to not less than one percent of the total votes cast in the
electoral district for which the nomination is intended to be made, for all
candidates for presidential electors at the last general election.
     (2) Each elector signing a certificate of
nomination made by individual electors shall include the residence or mailing
address of the elector. Except for a certificate of nomination of candidates
for electors of President and Vice President of the
     (3) Before beginning to circulate the
certificate of nomination, the chief sponsor of the certificate shall file a
signed copy of the prospective certificate with the filing officer referred to
in ORS 249.722. The chief sponsor of the certificate shall include with the
prospective certificate a statement declaring whether one or more persons will
be paid money or other valuable consideration for obtaining signatures of electors
on the certificate. After the prospective certificate is filed, the chief
sponsor shall notify the filing officer not later than the 10th day after the
chief sponsor first has knowledge or should have had knowledge that:
     (a) Any person is being paid for obtaining
signatures, when the statement included with the prospective certificate
declared that no such person would be paid.
     (b) No person is being paid for obtaining
signatures, when the statement included with the prospective certificate
declared that one or more such persons would be paid.
     (4) The circulator shall certify on each
signature sheet that the circulator:
     (a) Witnessed the signing of the signature
sheet by each individual whose signature appears on the signature sheet; and
     (b) Believes each individual is an elector
registered in the electoral district.
     (5) The signatures contained in each
certificate of nomination made by individual electors shall be certified for
genuineness by the county clerk under ORS 249.008.
     (6) As used in this section, “prospective
certificate” means the information, except signatures and other identification
of certificate signers, required to be contained in a completed certificate of
nomination. [Amended by 1955 c.169 §5; 1957 c.608 §112; 1971 c.152 §1; 1977
c.829 §10; 1979 c.190 §131; 1983 c.756 §7; 1993 c.493 §11; 1993 c.797 §15; 1999
c.318 §25; 2005 c.797 §61; 2007 c.848 §24]
     249.750 [Amended by 1957 c.608 §113; 1979 c.190 §100;
renumbered 249.013]
     249.760 [Amended by 1979 c.190 §126; renumbered
249.712]
     249.770 [Amended by 1957 c.608 §114; 1971 c.749 §79;
1977 c.324 §4; repealed by 1979 c.190 §431]
     249.780 [Amended by 1957 c.608 §115; 1961 c.49 §2;
1971 c.749 §80; 1977 c.324 §5; repealed by 1979 c.190 §431]
     249.790 [Amended by 1977 c.829 §11; repealed by 1979
c.190 §431]
(Register of
Nominations)
     249.810
Entries in register of nominations upon filing certificates. (1) Immediately after each certificate of
nomination is filed, the filing officer shall enter in the register of
nominations:
     (a) The date the certificate was filed.
     (b) The name of each candidate.
     (c) The office for which the candidate is
nominated.
     (d) When applicable, the name of the minor
political party or identification of the assembly of electors making the
nomination, and the names of the chairperson and secretary certifying it.
     (e) If the certificate of nomination is
made by individual electors, the total number of certified signatures contained
in the certificate.
     (2) As soon as an acceptance or withdrawal
of a candidate is filed with a filing officer, it shall be entered in the
register of nominations. [Amended by 1957 c.608 §116; 1979 c.190 §132]
     249.820 [Repealed by 1979 c.190 §431]
(Withdrawals;
Filling Vacancies)
     249.830
Procedure for withdrawing nomination. (1) A person who has been nominated and has accepted the nomination
under ORS 249.712 may withdraw from the nomination by filing with the officer
with whom the certificate of nomination was filed a written statement declining
the nomination and stating the reason for withdrawal.
     (2) The statement must be:
     (a) Signed by the person withdrawing from
the nomination; and
     (b) Filed not later than the 67th day
before the general election.
     (3) The statement may be sent to the
Secretary of State through a county clerk, as provided by ORS 249.850. [Amended
by 1957 c.608 §117; 1967 c.86 §1; 1979 c.190 §133; 2007 c.155 §6]
     249.840 [Amended by 1957 c.608 §118; repealed by
1979 c.190 §431]
     249.842
Filling vacancy in nomination; rules. (1) Subject to subsection (5) of this section, before the date of the
general election, a vacancy in a nomination made by a minor political party may
be filled as provided by party rule.
     (2) Subject to subsection (5) of this
section, before the date of the general election, a vacancy in a nomination
made by an assembly of electors may be filled by:
     (a) Reconvening the assembly that made the
original nomination to select a new nominee; or
     (b) A committee to whom the assembly at
its convention delegated the authority to fill vacancies.
     (3) An assembly of electors may reconvene
under subsection (2) of this section only at the call of the chairperson of the
original assembly. An assembly will be considered the assembly that made the
original nomination if the chairperson and secretary are the same as those of
the original assembly.
     (4) Subject to subsection (5) of this
section, before the date of the general election, a vacancy in a nomination
made by individual electors may be filled by filing a new certificate of
nomination. The certificate of nomination to fill the vacancy shall conform
with the requirements of ORS 249.720 and 249.740.
     (5) The Secretary of State by rule may
adopt a schedule specifying the period after a vacancy in a nomination occurs
within which a certificate of nomination filling the vacancy must be filed. [1979
c.190 §134; 1985 c.808 §19; 1993 c.797 §16]
     249.850
Filing of certificate to fill vacancy in nomination; notifying proper officials
to make changes in general election ballots. (1) The certificate of nomination to fill the vacancy under ORS
249.842, may be filed directly with the officer with whom the certificate of
nomination of the original candidate was filed, or it may be presented in
duplicate to any county clerk who shall file one of the certificates in the
clerkÂ’s office, immediately notify the appropriate filing officer of the
nomination and send the duplicate certificate to the officer by the most
expeditious method practicable.
     (2) Upon receipt of notification that a
vacancy has been filled, the filing officer shall certify the name of the
person selected to fill the vacancy to be included on the ballot. If the
certification of candidates has already been sent to the county clerk, the
Secretary of State or city filing officer immediately shall give written
certification of the new candidate to each county clerk responsible for
preparing ballots on which the office will appear. The certification shall
state the name and residence of the candidate nominated to fill the vacancy,
the office for which the nomination was made, the name of the minor political
party the candidate represents or the name of the chairperson of the assembly
nominating the candidate, and the name of the person for whom the candidate is
substituted. Upon receipt of the certification, the county clerk shall place
the new candidate’s name on the ballot. [Amended by 1957 c.608 §119; 1975 c.675
§19; 1979 c.190 §135]
     249.860 [1963 c.176 §4; repealed by 1979 c.190 §431]
RECALL OF
PUBLIC OFFICER
     249.865
Filing prospective petition; contents of petition; statement regarding payment
of petition circulators; certification of signature sheets; effect of
violation. (1) Pursuant to
section 18, Article II of the Oregon Constitution, an elector of the electoral
district from which the public officer is elected may file a petition demanding
the recall of the public officer. Before the petition is circulated for
signatures, the chief petitioner of the petition shall file with the officer
authorized to order the recall election:
     (a) A copy of the prospective petition
signed by the chief petitioner;
     (b) A statement of organization described
in ORS 260.118; and
     (c) A statement conforming to ORS 260.083
of contributions received and expenditures made by or on behalf of the chief
petitioner and political committee the chief petitioner represents, if any, to
the date of filing the prospective petition.
     (2) The chief petitioner shall include
with the prospective petition a statement declaring whether one or more persons
will be paid money or other valuable consideration for obtaining signatures of
electors on the recall petition. After the prospective petition is filed, the
chief petitioner shall notify the filing officer not later than the 10th day
after the chief petitioner first has knowledge or should have had knowledge
that:
     (a) Any person is being paid for obtaining
signatures, when the statement included with the prospective petition declared
that no such person would be paid.
     (b) No person is being paid for obtaining
signatures, when the statement included with the prospective petition declared
that one or more such persons would be paid.
     (3) Each sheet of the recall petition must
contain:
     (a) The words “Petition for recall of,”
(name and title of officer) and the date of the filing under subsection (1) of
this section; and
     (b) The name and address of the treasurer
or the chief petitioner listed on the statement of organization filed under
subsection (1) of this section.
     (4) Not more than 20 signatures on each
sheet of the recall petition shall be counted. The circulator shall certify on
each signature sheet that the circulator:
     (a) Witnessed the signing of the signature
sheet by each individual whose signature appears on the signature sheet; and
     (b) Believes each individual is an
elector.
     (5) Any intentional or willful violation
of subsection (1) or (2) of this section by a chief petitioner of the recall
petition or by the treasurer listed on the statement of organization filed
under subsection (1) of this section invalidates the prospective petition
before it is circulated for signatures. [1979 c.190 §136; 1981 c.142 §2; 1981
c.173 §26; 1983 c.756 §8; 1985 c.471 §7; 1987 c.210 §1; 1999 c.318 §26; 2005
c.797 §22; 2007 c.155 §7; 2007 c.848 §25]
     249.870
Number of signers on recall petition. The requisite number of signers on a recall petition is 15 percent of
the total votes cast in the electoral district for all candidates for Governor
at the most recent election at which a candidate for Governor was elected to a
full term next preceding the filing of the petition for verification of
signatures. [Formerly 254.450; 1981 c.173 §27; 1985 c.808 §22; 1995 c.607 §21]
     249.875
Time for completing filing; verification of signatures. (1) A recall petition shall be void unless
completed and filed not later than the 100th day after filing the prospective
petition described in ORS 249.865. Not later than the 90th day after filing the
prospective petition the petition shall be submitted to the filing officer who
shall verify the signatures not later than the 10th day after the submission.
The filed petition shall contain only original signatures. A recall petition
shall not be accepted for signature verification if it contains less than 100
percent of the required number of signatures. The petition shall not be
accepted for filing until 100 percent of the required number of signatures of
electors have been verified.
     (2) The provisions for verification of
signatures on an initiative or referendum petition contained in ORS 250.105,
are applicable to the verification of signatures on a recall petition. [Formerly
254.420; 1989 c.68 §4; 1991 c.719 §9]
     249.876
Removal of signature after petition submitted for verification. After a recall petition is submitted for
signature verification, no elector who signed the petition may remove the
signature of the elector from the petition. [1985 c.808 §21]
     249.877
Statement of justification by public officer. (1) A public officer against whom a recall petition has been filed may
submit to the filing officer, in not more than 200 words, a statement of
justification of the public officerÂ’s course in office. The statement must be
filed not later than the fifth day after the recall petition is filed.
     (2) The county clerk shall have the
statement printed on the official and sample ballots for the recall election. [1983
c.514 §7b]
     249.880 [Formerly 254.460; 1985 c.808 §23; repealed
by 1987 c.210 §3]
     249.990 [Repealed by 1979 c.190 §431]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.