ORS Chapter 250

Chapter 250 — Initiativeand Referendum

2009 EDITION

INITIATIVEAND REFERENDUM

ELECTIONS

GENERALPROVISIONS

250.005 Definitions

250.015 Formof petition; numbering of signature sheets; rules

250.025 Qualificationsfor signers of petition; removal of signatures

250.029 Withdrawalof initiative or referendum petition; form

250.031 Rulesfor conduct of election under section 11, Article XI of Oregon Constitution

250.035 Formof ballot titles for state and local measures

250.036 Formof ballot title for measure subject to section 11 (8), Article XI of OregonConstitution; exception

250.037 Formof ballot title for measure requesting approval of certain bonds

250.038 Formof ballot title for measure authorizing imposition or renewal of local option taxesor establishing permanent rate limitation

250.041 Applicabilityof ORS 250.005 to 250.038 to counties and cities

250.042 Effectof failure of petition circulator to certify signature sheet

250.043 Acceptanceof initiative or referendum petition without original signatures

250.044 Actionschallenging constitutionality of state measure to be filed in Marion CountyCircuit Court

STATEMEASURES

250.045 Prospectivepetition; signature requirement; cover and signature sheet requirements; rules

250.048 Registrationand training for paid petition circulators; requirements; effect of failure toregister; rules

250.052 Officialtemplates of cover and signature sheets; electronic template; rules

250.062 Identicaldraft ballot titles required for certain state measures

250.065 Preparationof ballot titles for certain state measures

250.067 Noticeof draft ballot title; written comments; certification of title; correction ofclerical errors; rules

250.075 Preparationof ballot titles by Legislative Assembly

250.085 Procedurefor elector dissatisfied with ballot title of state measure; Supreme Courtreview of title

250.095 Statemeasures affecting a county or district

250.105 Petitionfiling requirements; monthly filing; signature verification; rules

250.115 Numberingof state measures

250.125 Estimateof financial impact of state measures; financial estimate committee

250.127 Preparationand filing of estimates and statements of financial impact of state measure

250.131 Courtreview of procedures under which estimates and statements of financial impactof state measure were prepared

250.135 Retentionof petition materials

Note CitizenStatements by citizen review panel--2009 c.632 §§1,2

COUNTYMEASURES

250.155 Applicationof ORS 250.165 to 250.235

250.165 Prospectivepetition; cover and signature sheet requirements; circulation; filing deadline

250.168 Determinationof compliance with constitutional provisions; notice; appeal

250.175 Preparationof ballot titles for certain county measures; notice

250.185 Preparationof ballot titles by county governing body

250.195 Procedurefor elector dissatisfied with ballot title of county measure

250.205 Filingand signature requirements for nonhome rule counties

250.215 Filingofficer for county measure; filing requirements; signature verification

250.221 Dateof election

250.235 Retentionof petition materials

CITYMEASURES

250.255 Applicationof ORS 250.265 to 250.346

250.265 Prospectivepetition; cover and signature sheet requirements; circulation; filing deadline

250.270 Determinationof compliance with constitutional provisions; notice; appeal

250.275 Preparationof ballot titles for certain city measures; notice

250.285 Preparationof ballot titles by city governing body

250.296 Procedurefor elector dissatisfied with ballot title of city measure

250.305 Signaturerequirements

250.315 Filingofficer; filing requirements; signature verification

250.325 Procedurefollowing filing of initiative petition

250.346 Retentionof petition materials

250.355 Dateof election

GENERALPROVISIONS

250.005Definitions.As used in this chapter:

(1)“County clerk” means the county clerk or the county official in charge ofelections.

(2)“Elector” means an individual qualified to vote under section 2, Article II,Oregon Constitution.

(3)“Measure” includes any of the following submitted to the people for theirapproval 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.

(4)“Prospective petition” means the information, except signatures and otheridentification of petition signers, required to be contained in a completedpetition. [1979 c.190 §140; 1983 c.392 §3]

250.010 [Amended by1957 c.608 §120; repealed by 1979 c.190 §431]

250.015Form of petition; numbering of signature sheets; rules. The Secretaryof State by rule shall:

(1)Design the form of the prospective petition, and the initiative and thereferendum petition, including the signature sheets, to be used in anyinitiative or referendum in this state.

(2)Designate the quality of paper to be used for signature sheets in order toensure the legibility of the signatures.

(3)Prescribe a system for numbering the signature sheets to be used in anyinitiative or referendum in this state. [1979 c.190 §141; 1979 c.345 §1; 1981c.909 §1; 1989 c.68 §5; 2005 c.22 §188]

250.020 [Amended by1957 c.608 §121; 1961 c.121 §4; 1979 c.190 §232; 1979 c.519 §17; renumbered254.085]

250.025Qualifications for signers of petition; removal of signatures. (1) Any electormay sign an initiative or referendum petition for any measure on which theelector is entitled to vote.

(2)After an initiative or referendum petition is submitted for signatureverification, no elector who signed the petition may remove the signature ofthe elector from the petition. [Formerly 254.160; 1985 c.808 §24]

250.029Withdrawal of initiative or referendum petition; form. (1) Except asprovided in subsection (2) of this section, the chief petitioners of aninitiative or referendum petition may withdraw the petition at any time priorto the submission of the petition for signature verification.

(2)The chief petitioners of an initiative petition relating to a state measure maywithdraw the petition at any time prior to the submission of the total numberof signatures required on the petition for signature verification.

(3)The Secretary of State by rule shall design a form for use in filing awithdrawal of any initiative or referendum petition. The withdrawal form mustbe signed by all of the chief petitioners and filed with the filing officer. [1995c.607 §25; 2009 c.533 §9]

250.030 [Amended by1957 c.608 §122; 1961 c.121 §5; 1979 c.190 §233; 1979 c.317 §8a; 1979 c.519 §18a;renumbered 254.095]

250.031Rules for conduct of election under section 11, Article XI of OregonConstitution.The Secretary of State shall adopt administrative rules for the conduct ofelections under section 11, Article XI of the Oregon Constitution, that includebut are not limited to provisions that:

(1)Set forth the requirements for an election to which section 11 (8), Article XIof the Oregon Constitution, is applicable that are consistent with the voterregistration requirements of ORS chapter 247 and with the federal NationalVoter Registration Act of 1993 (P.L. 103-31);

(2)Provide directions to election officers for calculating whether the requirednumber of registered voters eligible to vote voted in the election; and

(3)Interpret the words “cast a ballot” in section 11 (8), Article XI of the OregonConstitution, as meaning that a ballot was lawfully cast, whether or not thevote of that ballot may lawfully be counted for reasons other than theeligibility of the voter to vote. [1997 c.541 §310]

250.035Form of ballot titles for state and local measures. (1) The ballottitle of any measure, other than a state measure, to be initiated or referredshall consist of:

(a)A caption of not more than 10 words which reasonably identifies the subject ofthe measure;

(b)A question of not more than 20 words which plainly phrases the chief purpose ofthe measure so that an affirmative response to the question corresponds to anaffirmative vote on the measure; and

(c)A concise and impartial statement of not more than 175 words summarizing themeasure and its major effect.

(2)The ballot title of any state measure to be initiated or referred shall consistof:

(a)A caption of not more than 15 words that reasonably identifies the subjectmatter of the state measure. The caption of an initiative or referendumamendment to the Constitution shall begin with the phrase, “AmendsConstitution,” which shall not be counted for purposes of the 15-word captionlimit;

(b)A simple and understandable statement of not more than 25 words that describesthe result if the state measure is approved. The statement required by thisparagraph shall include either the phrase, “I vote” or “vote yes,” or asubstantially similar phrase, which may be placed at any point within thestatement;

(c)A simple and understandable statement of not more than 25 words that describesthe result if the state measure is rejected. The statement required by thisparagraph shall not describe existing statutory or constitutional provisions ina way that would lead an average elector to believe incorrectly that one ofthose provisions would be repealed by approval of the state measure, ifapproval would not have that result. Any thing or action described both in thestatement required by paragraph (b) of this subsection and in the statementrequired by this paragraph shall be described using the same terms in bothstatements, to the extent practical. Any different terms must be terms that anaverage elector would understand to refer to the same thing or action. Thestatement shall include either the phrase, “I vote” or “vote no,” or asubstantially similar phrase, which may be placed at any point within the statement;and

(d)A concise and impartial statement of not more than 125 words summarizing thestate measure and its major effect.

(3)The statements required by subsection (2)(b) and (c) of this section shall bewritten so that, to the extent practicable, the language of the two statementsis parallel.

(4)The statement required by subsection (2)(b) of this section shall be written sothat an affirmative response to the statement corresponds to an affirmativevote on the state measure.

(5)The statement required by subsection (2)(c) of this section shall be written sothat an affirmative response to the statement corresponds to a negative vote onthe state measure.

(6)In the statements required by subsection (2)(b), (c) and (d) of this section,reasonable discretion shall be allowed in the use of articles and conjunctions,but the statements shall not omit articles and conjunctions that are necessaryto avoid confusion to or misunderstanding by an average elector. [1979 c.190 §143;1979 c.675 §1; 1985 c.405 §1; 1987 c.556 §1; 1987 c.875 §1; 1995 c.534 §1; 1997c.541 §312; 1999 c.793 §1; 2001 c.104 §78; 2009 c.566 §3]

250.036Form of ballot title for measure subject to section 11 (8), Article XI of OregonConstitution; exception. (1) Notwithstanding any other provision of law, allballot titles subject to section 11 (8), Article XI of the Oregon Constitution,shall include the following statement as the first statement of the ballottitle summary:

______________________________________________________________________________

Thismeasure may be passed only at an election with at least a 50 percent voterturnout.

______________________________________________________________________________

(2)As used in this section, “at least a 50 percent voter turnout” means a voterturnout that meets the requirements of section 11 (8), Article XI of the OregonConstitution.

(3)The statement required by this section shall not be counted in determining theword count requirements of ORS 250.035.

(4)Subsection (1) of this section does not apply to the ballot title of a measuresubject to section 11k, Article XI of the Oregon Constitution. [1997 c.541 §311;2009 c.247 §1]

250.037Form of ballot title for measure requesting approval of certain bonds. (1) The ballottitle of any measure requesting elector approval of bonds, the principal andinterest on which will be payable from taxes imposed on property or propertyownership that are not subject to the limitations of sections 11 and 11b,Article XI of the Oregon Constitution, shall contain, in addition to thematters required by ORS 250.035, the following statement immediately after theballot title question and appearing with it, in this manner:

______________________________________________________________________________

Question:(herein the question is stated) If the bonds are approved, they will be payablefrom taxes on property or property ownership that are not subject to the limitsof sections 11 and 11b, Article XI of the Oregon Constitution.

______________________________________________________________________________

(2)The words of the statement required by subsection (1) of this section are notcounted for purposes of ORS 250.035.

(3)The ballot title statement for any measure requesting elector approval ofbonds, the principal and interest on which is to be payable from taxes imposedon property or property ownership that are not subject to the limitations ofsections 11 and 11b, Article XI of the Oregon Constitution, shall contain, inaddition to the other requirements of ORS 250.035 and this section, areasonably detailed, simple and understandable description of the use ofproceeds.

(4)The front of the outer envelope in which the ballot title is delivered shallstate, clearly and boldly printed in red, “CONTAINS VOTE ON PROPOSED TAXINCREASE.” [1991 c.902 §119; 1997 c.541 §313; 2007 c.154 §10]

250.038Form of ballot title for measure authorizing imposition or renewal of localoption taxes or establishing permanent rate limitation. (1) In additionto meeting other applicable requirements of this chapter:

(a)The ballot title for a measure authorizing the imposition of local option taxesshall contain the statement required by ORS 280.070 (4) and the informationrequired by ORS 280.070 (5);

(b)The ballot title for a measure authorizing the establishment of a permanentrate limitation shall contain the information required by ORS 280.070 (6); and