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SECRETARY OF STATE, ELECTIONS DIVISION

 

DIVISION 20

SPECIAL DISTRICT ELECTIONS

165-020-0007

Form SEL 704 as Cash/Security Deposit

The Secretary of State hereby designates Form SEL 704 to comply with ORS 198.775 in contents required in filing a Cash/Security Deposit. Form SEL 704 shall be the deposit form and shall contain:

(1) Name of district to be annexed, formed, withdrawn or dissolved.

(2) Number of precincts in the district.

(3) Number of dollars to be charged for each precinct.

(4) Total deposit amount.

(5) Oath of the chief petitioners to pay any costs in excess of total deposit.

(6) Chief petitioners' names, addresses, and phone numbers.

(7) Names and addresses of any persons or organizations providing any part of cash, bond or other security deposit and the amount of contribution or value of secured deposit.

(8) Attachment of description of secured deposit(s).

(9) Attachment of additional contributors.

(10) Date of chief petitioner's signature.

[ED. NOTE: The Forms referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 198.775 & ORS 246.150
Stats. Implemented: ORS 198.775
Hist.: SD 4-1984(Temp), f. & ef. 2-9-84; SD 6-1984, f. & ef. 3-19-84; ELECT 24-1993, f. & cert. ef. 6-21-93

Forms

165-020-0020

Notice of Election of Board Members for Special Districts

(1) The Secretary of State hereby adopts by reference and designates SEL 815, Notice of Election of Board Members for Special Districts to comply with ORS 255.069.

(2) The elections officer shall deliver the SEL 815, or similar form that contains at a minimum the information set forth in subsection (3) of this rule, to each district elections authority, no later than the dates prescribed in ORS 255.069(1). The elections officer shall instruct the district elections authority to review the information on the form and make additions and corrections as necessary. If the information supplied by the elections officer to the district elections authority is correct, the district elections authority shall so indicate.

(3) The SEL 815 shall contain:

(a) Name of district;

(b) Date of election;

(c) Open board positions;

(d) Title of office;

(e) Term of each office;

(f) Name of county in which declaration of candidacy or petition of nomination is to be filed;

(g) Deadline for candidate filings;

(h) Designation of newspaper in which legal notice is to be published; and

(i) Signature of authorized district election authority, title and date signed.

(4) The elections officer shall prepare the notice required by ORS 255.075 using the updated information submitted by the district elections authority under subsection (2) of this rule.

(5) In making the designation of a newspaper of general circulation in the district for publication of the district's notices the elections officer shall consider the criteria set forth in ORS 193.020.

(6) In addition to the information required in a publication made pursuant to ORS 255.075, the elections officer shall also include a statement as to where declarations of candidacy and petitions for nomination may be filed.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 246.120 & 246.150
Stats. Implemented: ORS 255.075
Hist.: SD 13-1980, f. & ef. 2-1-80; ELECT 29-1993, f. & cert. ef. 7-23-93; ELECT 10-2003, f. & cert. ef. 9-3-03; ELECT 26-2007, f. & cert. ef. 12-31-07; ELECT 36-2009, f. & cert. ef. 12-31-09

165-020-0021

Record Retention for Preparation of Notice of Election of Board Members for Special Districts

(1) In accordance with ORS 255.069(4) the election officer shall retain completed SEL 815, Notice of Election of Board Members for Special Districts, filed by the district elections authority in a file maintained for that purpose. All forms shall be kept for a period of at least 4 years after the district election for which the form was completed.

(2) To maintain adequate records for preparation of the SEL 815 by the elections officer, the district elections authority must notify the elections officer of any vacancy as soon as practicable. If the vacancy occurs after the 101st day before the regular district election and on or before the 62nd day before the regular district election, the district elections authority must immediately notify the elections officer, but not later than the next business day.

(3) When a person is appointed to fill a vacancy in a district office, the district elections authority must give written notice to the elections officer within two business days after such appointment is made.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 246.150
Stats. Implemented: ORS 255.069
Hist.: ELECT 26-2007, f. & cert. ef. 12-31-07

165-020-0030

Designation of Identification Numbers for Measures of Special Districts Located in More Than One County

(1) ORS 246.150 requires the Secretary of State to adopt rules to facilitate correctness, impartiality and efficiency in administering elections laws. ORS 254.108 directs the Secretary of State to provide a means of numbering a measure of a special district located in more than one county.

(2) Measures of special districts located in more than one county shall be numbered consecutively in the order in which the measures are filed with the district's election officer. These measures shall be identified by a unique prefix number. This prefix number shall be assigned by the special district's election officer. For the purpose of this rule, and as provided by ORS 255.005(5)(b), the election officer shall be the county clerk of the county in which the administrative office of the district is located.

(3) The following are the unique prefix numbers which shall be assigned by the special district election officer:

(a) Baker -- 1;

(b) Benton -- 2;

(c) Clackamas -- 3;

(d) Clatsop -- 4;

(e) Columbia -- 5;

(f) Coos -- 6;

(g) Crook -- 7;

(h) Curry -- 8;

(i) Deschutes -- 9;

(j) Douglas -- 10;

(k) Gilliam -- 11;

(l) Grant -- 12;

(m) Harney -- 13;

(n) Hood River -- 14;

(o) Jackson -- 15;

(p) Jefferson -- 16;

(q) Josephine -- 17;

(r) Klamath -- 18;

(s) Lake -- 19;

(t) Lane -- 20;

(u) Lincoln -- 21;

(v) Linn -- 22;

(w) Malheur -- 23;

(x) Marion -- 24;

(y) Morrow -- 25;

(z) Multnomah -- 26;

(aa) Polk -- 27;

(bb) Sherman -- 28;

(cc) Tillamook -- 29;

(dd) Umatilla -- 30;

(ee) Union -- 31;

(ff) Wallowa -- 32;

(gg) Wasco -- 33;

(hh) Washington -- 34;

(ii) Wheeler -- 35;

(jj) Yamhill -- 36.

(4) The election officer for a special district located in more than one county shall immediately certify a measure to the appropriate county clerk(s).

Stat. Auth.: ORS 246.150
Stats. Implemented: ORS 254.108, ORS 255.005
Hist.: SD 38-1980(Temp), f. & ef. 3-17-80; SD 1-1981, f. & ef. 7-21-81; ELECT 10-2003, f. & cert. ef. 9-3-03

Nomination of a Candidate to Fill Vacancy as Board Member of a District Defined in ORS 255.012,
When Candidate Could Not Be Nominated Pursuant to ORS Chapter 255

165-020-0035

Nominating Schedule for Filling Vacancy in Office of Board Member of District

(1) The purpose of this rule is to provide a nominating schedule for candidates' names to be printed on the official district election ballot to fill the remainder of an unexpired term resulting from a vacancy in the office of an elected board member.

(2) This rule shall apply only when a vacancy in the office of an elected board member occurs after the 101st day before the regular district election and on or before the 62nd day before the regular district election.

(3) As soon as practicable after a vacancy in the office of district board member occurs the district elections authority shall deliver written confirmation of the vacancy to the elections officer. The written confirmation shall include the office information, position or zone number and the expiration date of the term.

(4) Upon receipt of the written confirmation of the vacancy the elections officer shall publish in the next available edition of a newspaper of general circulation or mail to each elector of the district an amended notice of district board election. The amended notice shall contain:

(a) All the information contained in the original published notice, including the same filing date and time, for the office(s) originally scheduled for election;

(b) The new office information for the office in which the vacancy exists; and

(c) The filing deadline date and time, as determined by the elections officer, for the office in which the vacancy exists.

(5) Candidates shall file for election in accordance with ORS 255.235(1)(a) and (b).

(6) The elections officer shall accept candidate filings for not fewer than seven calendar days after receipt of written confirmation of vacancy.

(7) The office title only shall be printed on the ballot in those cases when no nominations are received by the election officer.

Stat. Auth.: ORS 246.150 & ORS 255.245
Stats. Implemented: ORS 255.245
Hist.: SD 2-1978(Temp), f. & ef. 2-28-78; SD 1-1979, f. & ef. 1-18-79; SD 2-1984, f. & ef. 1-19-84; ELECT 26-2007, f. & cert. ef. 12-31-07

Billing for Local Elections

165-020-0050

Purpose

(1) This rule provides a uniform billing system for state, county, city and special district elections as authorized under ORS 246.179, 254.046, and 255.305.

(2) All chargeable costs incurred by the county election officer for the conduct of an election held for the state on a date other than the primary or general election, shall be paid by the state, if provided by the act calling for the election or pursuant to ORS 246.179.

(3) All chargeable costs incurred by the county election officer for the conduct of an election held for a city on a date other than the primary or general election, shall be paid by the city.

(4) All chargeable costs incurred by the county election officer for the conduct of an election held for a special district shall be paid by the special district. Chargeable costs do not include expenses incurred by the county election officer for the election of directors of a soil and water conservation district organized under ORS 568.210 to 568.808 and 568.900 to 568.933.

(5) Any chargeable cost billed for an election shall be supported by such documentation as copies of payroll registers, invoices, vouchers, sales slips, billings, and receipts. Any cost not specified in this rule, or any unsupported chargeable cost, need not be paid.

(6) Documentation will be provided to the electoral districts upon request.

(7) Any electoral district bills and supporting documentation shall be subject to audit by the secretary of state at any time for the purpose of verifying the accuracy of the chargeable costs.

(8) The following forms are adopted by reference and designated for use to detail all costs to be billed to each electoral district holding an election:

(a) Election Equipment Amortization Worksheets forms SEL 950, SEL 950A, or SEL 950B.

(A) These forms shall be the forms used for calculating the amortization of election equipment.

(B) The total amortization costs billed to electoral districts over the years the election equipment is used cannot exceed the total cost of purchasing, operating and maintaining the equipment during the years the equipment is used.

(C) Amortization of election equipment is not mandatory; however, any county election official who chooses to amortize such equipment must use a method designated by this rule.

(b) Average Ballots Cast/Average Aggregate Registration Worksheet form SEL 951 shall be the form used for computing the average number of ballots cast per election for prior four years.

(c) Allocated Cost Worksheet form SEL 952 shall be the form used for computing the allocated cost of the election.

(d) Local Elections Billing Worksheet form SEL 953 shall be the form used for computing the total district cost.

(e) Voters’ Pamphlet Cost Worksheet form SEL 955 shall be the form used for computing the voters’ pamphlet cost allocated to each district.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 246.150, 246.179 & 255.305
Stats. Implemented: ORS 246.179, 251.365, 254.046 & 255.305
Hist.: SD 40-1980, f. & ef. 4-2-80; SD 16-1984, f. & ef. 9-5-84; ELECT 2-1990(Temp), f. & cert. ef. 1-19-90; ELECT 22-1990, f. & cert. ef. 6-4-90; ELECT 11-2000, f. & cert. ef. 6-7-00; ELECT 10-2003, f. & cert. ef. 9-3-03; ELECT 4-2004, f. & cert. ef. 4-15-04; ELECT 26-2007, f. & cert. ef. 12-31-07; ELECT 14-2009, f. & cert. ef. 6-30-09; ELECT 37-2009, f. & cert. ef. 12-31-09; ELECT 7-2010, f. & cert. ef. 11-1-10; ELECT 4-2013, f. & cert. ef. 6-4-13

165-020-0055

Definition of Terms

(1) "Adjustment Cost." A value which occurs when the voter registration of a district which did not have an excess credit is multiplied by the adjustment cost per elector.

(2) "Adjustment Cost Per Elector." A unit charge derived by dividing the total excess credit by the adjustment registration.

(3) "Adjustment Registration." The total aggregate registration minus the registration of those districts which have an excess credit.

(4) "Aggregate Registration." The total number of district offices plus the total number of district measures multiplied by the number of active electors in the district.

(5) "Allocated Cost." The total of all costs on the "Allocated Cost Worksheet for Vote By Mail Elections (SEL 952 VBM) incurred by the county election officer for a given election.

(6) "Allocated Cost Per Elector." A unit charge determined by dividing the allocated cost by the aggregate registration.

(7) "Amortization." The allocation of a cost of an asset over its estimated economic life:

(a) "Estimated Economic Life." The period of time over which the asset will be used. This period of time cannot be longer than the estimated physical life of the asset;

(b) "Hardware." The physical equipment used in an information system;

(c) "Software or Program." The detailed instructions which direct the hardware functions of an information system;

(d) "Hardware Maintenance Agreement." An annual expenditure for the repair or preventative maintenance of the hardware portion of an information system;

(e) "Software License or Royalty." An expenditure for the licensed use of an information system's software.

(8) "Chargeable Cost." A charge directly associated with and incurred by the county election officer to conduct a given election. Chargeable costs include each district office and district measure’s apportioned costs and dedicated expenditures. Chargeable costs apply only to those district offices and district measures qualified to appear on the ballot. Costs associated with a county's voters' pamphlet shall be considered chargeable costs for local elections.

(9) "Apportioned Cost." A value which occurs when the aggregate registration for each district office and district measure is multiplied by the allocated cost per elector.

(10) "Dedicated Expenditure" Any charge associated with and incurred by the county election officer to conduct a given election but specific to one electoral district and not to be shared or apportioned to any other electoral district; such as notice of ballot title.

(11) "Election Cost." The billing cost for a district election. A value derived by subtracting the adjustment cost from the value in the total chargeable costs minus total revenue column for each district on the "Local Elections Billing Worksheet" (SEL 953).

(12) "District." A state, county, city, special district, or other municipal corporation for which the county election officer is required to hold an election.

(13) "Excess Credit." A value which occurs when the total revenue from a district exceeds the total cost for that district election.

(14) "Revenue." The deposits placed on account with the county election officer as provided in ORS 198.775, 261.210, and 607.025 and revenues received from submission of candidate statements and arguments for publication of the county voters' pamphlet.

(15) “Office.” Any elected office qualified for the ballot.

(16) “Measure.” A proposed law, an Act or part of an Act of the Legislative Assembly, a revision of or amendment to the Oregon Constitution, local, special or municipal legislation or a proposition or question submitted to the people for their approval or rejection at an election.

(17) “Total District Cost.” The total cost to a district for each office and measure filed on the ballot.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 246.179, 251.365, 254.046 & 255.305
Stats. Implemented: ORS 246.179, 251.365, 254.046 & 255.305
Hist.: SD 40-1980, f. & ef. 4-2-80; SD 16-1984, f. & ef. 9-5-84; ELECT 2-1990(Temp), f. & cert. ef. 1-19-90; ELECT 22-1990, f. & cert. ef. 6-4-90; ELECT 12-1992(Temp), f. & cert. ef. 5-18-92; ELECT 35-1992, f. & cert. ef. 12-15-92; ELECT 12-2000, f. & cert. ef. 6-7-00; ELECT 26-2007, f. & cert. ef. 12-31-07; ELECT 14-2009, f. & cert. ef. 6-30-09

165-020-0440

Adjusting the Terms of Office for Cammann Special Road District Commissioners

(1) This rule adjusts the terms of office for the district board of commissioners for the Cammann Special Road District, a Coos County special district created by election at the May 18, 2010 primary election. The terms must be adjusted to expire on odd-numbered years to conform to the regular district election schedule in ORS 255.335.

(2) The position numbers are assigned the following length of terms:

(a) Position 1, term to expire June 30, 2015;

(b) Position 2, term to expire June 30, 2017;

(c) Position 3, term to expire June 30, 2015.

(3) Following the expiration of these adjusted terms, each position will be filled by election at the regular district election for a four year term.

Stat. Auth.: ORS 246.150, 255.325
Stats. Implemented: ORS 255.335
Hist.: ELECT 13-2012, f. & cert. ef. 11-29-12

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