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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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SECRETARY OF STATE, ELECTIONS DIVISION

 

DIVISION 10

CANDIDATES AND POLITICAL PARTIES

165-010-0005

Designating the State Candidates Manuals, County Candidate's Manual and Forms

(1) The Secretary of State designates the 2014 Candidate's Manual and associated forms as the procedures and forms to be used by candidates filing and running for elective office.

(2) The Secretary of State designates the 2014 Minor Political Party Formation and Candidate Nomination and associated forms as the procedures and forms to be used to form a Minor Political Party and nominate candidates for elective office.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 246.120, 246.150 & 249.009
Stats. Implemented: ORS 246.120, 246.150 & 249.009
Hist.: SD 35-1980, f. & ef. 3-6-80; SD 31-1983, f. & ef. 12-20-83; SD 5-1986, f. & ef. 2-26-86; ELECT 9-1992(Temp), f. & cert. ef. 4-9-92; ELECT 32-1992, f. & cert. ef. 10-8-92; ELECT 33-1993, f. & cert. ef. 11-1-93; ELECT 1-1996, f. & cert. ef. 1-3-96; ELECT 8-1997, f. & cert. ef. 10-3-97; ELECT 3-1998, f. & cert. ef. 2-11-98; ELECT 6-1998, f. & cert. ef. 5-8-98; ELECT 10-1999, f. & cert. ef. 10-18-99; ELECT 3-2002, f. & cert. ef. 3-13-02; ELECT 18-2003, f. & cert. ef. 12-5-03; ELECT 2-2004(Temp), f. & cert. ef. 4-9-04 thru 10-6-04; Administrative correction 10-22-04; ELECT 9-2005, f. & cert. ef. 12-14-05; ELECT 11-2007, f. & cert. ef. 12-31-07; ELECT 25-2009, f. & cert. ef. 12-31-09; ELECT 1-2011, f. & cert. ef. 2-4-11; ELECT 16-2011(Temp), f. & cert. ef. 8-16-11 thru 12-31-11; ELECT 4-2012, f. & cert. ef. 1-3-12; ELECT 6-2014, f. & cert. ef. 1-2-14

165-010-0060

Procedure for Conduct of Meeting to Fill Vacancy in Legislative Assembly

The following procedures govern the conduct of a meeting of a county court or board of commissioners (hereafter, county governing body(ies)) to fill a vacancy in the Legislative Assembly These meeting procedures apply to appointments made under either ORS 171.060(1) (vacancy to be filled by nominee affiliated with a major political party) or ORS 171.060(2) (vacancy need not be filled by member of a particular major political party).

(1) A meeting of the members of the county governing body(ies) shall convene at the time designated by the Secretary of State. If the legislative district includes more than one county, the Secretary of State shall also name the temporary chairperson for the meeting and designate its location, which shall be within the legislative district. The Secretary of State shall also notify the county governing body(ies) of the nominees and of the number of votes apportioned to each member of the county governing body(ies) under ORS 171.062 and 171.064.

(2) The chairperson conducting the meeting shall open the meeting at the time designated by the Secretary of State. The chairperson shall announce that the purpose of the meeting is to appoint a person to fill the vacancy in the Legislative Assembly. If applicable, the appointment will be made from the list of nominees from the major political party as furnished by the Secretary of State.

(3) Members of the county governing body eligible to vote on the selection are those physically or electronically present at the meeting, who are currently holding office by election or appointment.

(4) The county governing body(ies), in making its determination, may allot time for interviewing nominees or applicants and for other pertinent deliberations prior to voting.

(5) The vote shall be taken in a manner specified by a majority of those present and eligible to vote on the selection. The person receiving the highest number of votes shall be the appointee. However, in any case, the vote of each member of the governing body(ies) shall be recorded and included in the written statement required by ORS 171.060(3).

(6) The Secretary of State hereby adopts form SEL 145, Statement of Nominee’s Willingness to Serve, as the form to be used to accept a nomination to fill a legislative vacancy. The form shall contain:

(a) Nominee’s name;

(b) Office and district number, if any, for which candidate would accept appointment;

(c) Candidate's residence address;

(d) Candidate's home and work telephone numbers;

(e) Mailing address where all correspondence will be sent;

(f) Statement that candidate will accept appointment; and

(g) Candidate's signature and date signed.

Stat. Auth.: ORS 171.051, 171.060 & 249.200
Stats. Implemented: ORS 171.060(1)
Hist.: ELECT 7-1993, f. & cert. ef. 2-16-93; ELECT 10-1999, f. & cert. ef. 10-18-99; ELECT 18-2003, f. & cert. ef. 12-5-03; ELECT 4-2012, f. & cert. ef. 1-3-12

165-010-0070

Filling Vacancy in Nomination of Major Political Party

(1) The purpose of this rule is to specify the period following a vacancy within which a major political party must notify the filing officer of the name of the new nominee.

(2) The Secretary of State hereby specifies that the deadline for notifying the filing officer of the name of the new nominee, where there is a vacancy in nomination of a major political party office from the primary election, is the 70th day before the general elections.

Stat. Auth.: ORS 249.190
Stats. Implemented: ORS 249.190
Hist.: ELECT 17-1992(Temp), f. & cert. ef. 6-29-92; ELECT 40-1992, f. & cert. ef. 12-17-92; ELECT 14, 1994(Temp), f. & cert. ef. 7-22-94; ELECT 14-1996, f. & cert. ef. 12-19-96

165-010-0090

Order of Candidate Names on the Ballot

(1) The purpose of this rule is to establish the procedure for determining the order in which candidate names will appear on the ballot.

(2) The Secretary of State shall provide to the county clerk a random ordering of the letters of the alphabet. The county clerk shall place each candidate's name on the ballot in the order that the first letter of the candidate's last name appears on the random order alphabet. For candidates whose last names begin with the same letter of the alphabet, the following procedure shall be followed:

(a) For candidates whose last names begin with the same letter, the order of placement of these names (within the order allocated to the first letter of the last name) shall be determined according to the second letter of the last name. The county clerk shall place the candidates' names in the order the second letter appears on the randomly ordered alphabet. If both the first two letters are the same, the procedure shall be followed for the third and following letters in the surname;

(b) If two or more surnames are identical, the order of placement of these names (within the allocated order) shall be according to the first letter of the first name of the candidates. If the first letter of the first name is identical the ordering shall be based on the second letter of the first name. If both the first two letters of the first name are identical, the same procedure is followed for the third and subsequent letters of the first name;

(c) If two or more candidates have identical last and first names, the order of names will be according to the letters of the middle name in a like manner.

Stat. Auth.: ORS 246.150 & 254.155
Stats. Implemented: ORS 245.155
Hist.: ELECT 4-1994, f. & cert. ef. 3-31-94; ELECT 18-2003, f. & cert. ef. 12-5-03

165-010-0110

Filling Vacancy in Nomination to Nonpartisan Office or Vacancy in Nonpartisan Office

(1) The purpose of this rule is to specify the period within which a candidate for a nonpartisan office may file a declaration of candidacy or nominating petition. This rule applies when 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.

(2) If the vacancy in nomination or vacancy in nonpartisan office occurs between the 70th day before the nominating election and the 80th day before the general election, a declaration of candidacy or nominating petition, for nonpartisan office, may be filed no sooner than 5 business days after the vacancy occurs and no later than the 70th day before the general election.

(3) If the vacancy in nomination or vacancy in nonpartisan office occurs after the 80th day before the general election, but on or before the 62nd day before the election the deadline for filing nominating petitions or declarations of candidacy will be specified in a separate rule for that vacancy.

Stat. Auth.: ORS 246.150 & 249.205
Stats. Implemented: ORS 249.205
Hist.: ELECT 5-2004, f. & cert. ef. 6-11-04; ELECT 7-2008, f. & cert. ef. 8-12-08

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