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SECRETARY OF STATE, ELECTIONS DIVISION

 

DIVISION 22

COUNTY VOTERS' PAMPHLET

 

165-022-0000

Definitions

(1) The terms used in this chapter have the same definitions as identified in ORS 251.005(1), (3), (4), (5). For this chapter, the terms:

(a) "Statements" refers to the county voters' pamphlet filings made by candidates;

(b) "Arguments" refers to the filings of measure arguments for inclusion in the county voters' pamphlet;

(c) "Words" refers to both words and numbers;

(d) "Filing forms" for candidate statements, explanatory statements and measure arguments refers to the forms required and provided by the county clerk;

(e) "City office" means any elected position of a city as specified by state law or city charter.

(f) "Local government" means the county or a city, or district as defined in ORS 255.012 located within the county.

(2) For elected public offices, the terms:

(a) "Paid office" means any elected public office for which the person elected will receive a fixed salary. For purposes of this rule, per diem and reimbursement for expenses do not constitute a fixed salary;

(b) "Unpaid office" means any elected public office which is not a paid office.

(3) Recall measures may be excluded from the county voters' pamphlet.

Stat. Auth.: ORS 246.150, 251.305 & 251.325
Stats. Implemented: ORS 251.305
Hist.: ELECT 19-1989, f. & cert. ef. 10-16-89; ELECT 6-1991(Temp), f. & cert. ef. 7-2-91; ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91; ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3000; ELECT 6-1994, f. & cert. ef. 3-31-94; ELECT 7-2006, f. & cert. ef. 4-18-06

165-022-0010

Filing Officer and Schedule for Filing Explanatory Statements, Measure Arguments and Candidate Statements

(1)(a) If the county in which a local government election is scheduled produces a county voters' pamphlet, the county clerk shall be the filing officer for the candidate statements and arguments which will appear in that county's voters' pamphlet;

(b) If a local government is located in more than one county, the county clerk of the county in which the city hall of the city or the administrative office of the local government is located shall be the filing officer for the measure and explanatory statement.

(2) The filing deadlines for candidate statements, portraits, arguments and filing fees shall be based upon the final dates for filing either a nominating petition/declaration of candidacy; notice of measure election or a certified statement of candidates by a local government or the Department of Agriculture:

(a) For candidates who file their candidacy with the county clerk -- not later than 5 p.m. on the 68th day before the election for inclusion in a county voters' pamphlet for a primary or general election, except as provided in subsection (d) and (e) of this section;

(b) For candidates who file their candidacy with the county clerk -- Not later than 5 p.m. on the 57th day before the election for inclusion in a county voters' pamphlet for any election other than a primary or general election, except as provided in subsection (d) and (e) of this section;

(c) For candidates who file their candidacy with a governing body other than the county clerk -- Not later than 5 p.m. on the 57th day before the election for inclusion in a county voters' pamphlet for any election, except as provided in subsection (d) and (e) of this section;

(d) For candidates to fill a vacancy when the candidate filing deadline falls after the 61st day before an election -- Not later than the candidate filing deadline;

(e) For candidates on any election ballot whose names are certified to a subsequent runoff election ballot for the same office, and where the voters' pamphlet filing deadline for the subsequent runoff election falls on or before the date of the first election -- not later than 5 p.m. on the second business day after the first election for inclusion in a county voters' pamphlet for the subsequent runoff election.

(f) For local government measures and explanatory statements -- Not later than 5 p.m. on the deadline for filing a notice of measure election;

(g) For arguments in support or opposition to any measure and filing fee or verified petition -- Not later than 5 p.m. on the second business day after the deadline for filing a notice of measure election;

(h) For all statements of endorsement -- Not later than the deadline for filing statements and arguments.

(3) All explanatory statements shall become public record upon filing.

(4) The text of all candidate statements shall become public record on the fourth business day after the filing deadline.

(5) The text of all arguments shall become public record on the fourth business day after the filing deadline.

Stat. Auth.: ORS 246.150, 251.305 & 251.325
Stats. Implemented: ORS 246.150, 251.305, 251.325 & 251.335
Hist.: ELECT 19-1989, f. & cert. ef. 10-16-89; ELECT 6-1991(Temp), f. & cert. ef. 7-2-91; ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91; ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3010; ELECT 6-1994, f. & cert. ef. 3-31-94; ELECT 4-1995, f. & cert. ef. 3-10-95; ELECT 11-2001, f. & cert. ef. 5-7-01

165-022-0030

Filing Candidate Statement and Portrait

(1) Any candidate for local office may file a candidate statement and portrait with the county clerk of each county in which the local government is located.

(2) The county clerk may require that the candidate statement be typewritten and submitted on a form approved by the county clerk.

(3) The content of statements shall conform to ORS 251.395:

(a) The names of persons or organizations to be excluded from statements shall conform to ORS 251.405;

(b) Candidate portrait requirements shall conform to ORS 251.075;

(c) The format of the candidate's statement shall conform to ORS 251.425;

(d) The identification of the candidate's portrait or statement shall conform to ORS 251.125;

(4) Candidate statements shall be limited to 325 words.

(5) All materials submitted by a candidate for inclusion in a county voters' pamphlet shall fit within 30 square inches of space.

Stat. Auth.: ORS 246.150 & 251.325
Stats. Implemented: ORS 251.325
Hist.: ELECT 19-1989, f. & cert. ef. 10-16-89; ELECT 6-1991(Temp), f. & cert. ef. 7-2-91; ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91; ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3030; ELECT 6-1994, f. & cert. ef. 3-31-94; ELECT 6-2000, f. & cert. ef. 3-20-00; ELECT 7-2006, f. & cert. ef. 4-18-06

165-022-0040

Filing Explanatory Statements

(1) The governing body for any local government which has referred a measure to the voters, shall submit an impartial, simple and understandable statement explaining the measure and its effect.

(2) For any initiative or referendum by petition, an impartial, simple and understandable statement explaining the measure and its effect shall be submitted by the governing body of the local government only if the local government has an ordinance requiring the submission of such a statement.

(3) Explanatory statements shall be limited to 500 words.

(4) The county clerk shall reject any referred measure submitted without an explanatory statement.

Stat. Auth.: ORS 246.150, 251.305 & 251.325
Stats. Implemented: ORS 251.345
Hist.: ELECT 19-1989, f. & cert. ef. 10-16-89; ELECT 6-1991(Temp), f. & cert. ef. 7-2-91; ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91; ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3040; ELECT 6-1994, f. & cert. ef. 3-31-94; ELECT 7-2006, f. & cert. ef. 4-18-06

165-022-0050

Filing Measure Arguments

(1) Any person may file an argument supporting or opposing a measure with each county clerk of the counties in which the local government that filed the measure is located if the counties will be publishing a voters' pamphlet.

(2) The county clerk may require that an argument supporting or opposing a measure be typewritten or legibly printed and submitted on a form approved by the county clerk.

(3) The content of arguments shall conform to ORS 251.395:

(4) The names of persons or organizations to be excluded from arguments shall conform to ORS 251.405;

(5) Arguments shall be limited to 325 words.

(6) All materials submitted for inclusion in a county voters' pamphlet shall not exceed 30 square inches of space.

(7) Filing fees or signature petitions for arguments shall be filed with the county clerk at the time of submitting the arguments.

(8) A verified signature petition may be substituted for the appropriate filing fee for measure arguments (ORS 251.355). The petition shall be submitted on forms prescribed by the county clerk.

(9) The filing fees for measure arguments shall be based upon the electoral jurisdiction's registration as of January 1st of the election year.

(10) The filing fees shall be:

(a) For a jurisdiction with voter registration of less than 1,000 within a county -- $100.00;

(b) For a jurisdiction with voter registration between 1,000 and 4,999 within a county -- $200.00;

(c) For a jurisdiction with voter registration between 5,000 and 9,999 within a county -- $250.00;

(d) For a jurisdiction with voter registration between 10,000 and 24,999 within a county -- $350.00;

(e) For a jurisdiction with voter registration over 25,000 within a county -- $400.00;

(11) Refunds of filing fees shall conform to ORS 251.325(5) and the procedures established by the county clerk.

Stat. Auth.: ORS 246.150, 251.305 & 251.325
Stats. Implemented: ORS 251.355
Hist.: ELECT 19-1989, f. & cert. ef. 10-16-89; ELECT 6-1991(Temp), f. & cert. ef. 7-2-91; ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91; ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3050; ELECT 6-1994, f. & cert. ef. 3-31-94; ELECT 7-2006, f. & cert. ef. 4-18-06

165-022-0060

Printing and Distributing the County Voters' Pamphlet

(1) The county clerk shall print the voters' pamphlet using a format which allows for equal space for every statement and portrait.

(2) Candidate portraits shall be printed 1.5 inches by 1.75 inches.

(3) Measure arguments may be printed in a continuous running format.

(4) The county clerk may edit any statements or arguments which do not conform to the allocated space and word count requirements.

(5) The preparation and order of materials for the county voters' pamphlet may be organized by electoral jurisdiction in the following order:

(a) Measure, explanatory statement and arguments;

(A) Measure arguments shall follow the relating measure; arguments in support are placed first and arguments in opposition shall be placed second and are placed in the order the arguments are received by the county clerk;

(B) The identification of a measure argument and the disclaimer to be included in the county voters' pamphlet shall conform to ORS 251.355.

(b) Candidates. The identification of a candidate statement and the disclaimer to be included in the county voters' pamphlet shall conform to ORS 251.335.

(6) The county clerk shall mail or distribute the county voters' pamphlet by the seventh day before the election or the last day for mailing ballots if the election is conducted by mail.

(7) The county clerk shall mail or distribute the county voters' pamphlet in such a manner as to ensure at least one voters' pamphlet to each household with a registered voter within the jurisdictional boundary of any local government that is involved in an election.

Stat. Auth.: ORS 246.150 & 251.325
Stats. Implemented: ORS 251.325
Hist.: ELECT 19-1989, f. & cert. ef. 10-16-89; ELECT 6-1991(Temp), f. & cert. ef. 7-2-91; ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91; ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3060; ELECT 6-1994, f. & cert. ef. 3-31-94; ELECT 6-2000, f. & cert. ef. 3-20-00; ELECT 7-2006, f. & cert. ef. 4-18-06

165-022-0070

Notification Between Electoral Jurisdictions

(1) If a local government is located in more than one county, the county clerk with whom the filings are made shall certify, within one business day after the filing deadline, to the county clerk of another county in which the local government is located:

(a) Copies of all measures;

(b) Copies of all explanatory statements;

(c) Copies of all candidate filings.

(2) If a candidate files for office with a filing officer other than a county clerk, the filing officer shall include a copy of such candidate filing when the officer certifies the ballot information to the county clerk.

(3) If a candidate or measure for a local government which is located in more than one county will appear in more than one county's voters' pamphlet,

the candidate filing a statement or the person filing an argument is responsible for filing the information and appropriate fee with the other county clerks for inclusion in another county voters' pamphlet.

Stat. Auth.: ORS 242 6.150, ORS 251 .305 & ORS 251 .325
Stats. Implemented: ORS 251 .325
Hist.: ELECT 19-1989, f. & cert. ef. 10-16-89; ELECT 6-1991(Temp), f. & cert. ef. 7-2-91; ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91; ELECT 16-1993, f. & cert. ef. 4-29-93; Renumbered from 165-060-3070; ELECT 6-1994, f. & cert. ef. 3-31-94

 

165-022-0080

Billing Electoral Jurisdictions for County Voters' Pamphlet

The formula used to determine the apportioned expenditure and revenue allocations for the county voters' pamphlet as related to election costs is outlined in OAR 165-020-0050, 165-020-0055, and 165-020-0060, Billing for Local Elections.

Stat. Auth.: ORS 242 6.150, ORS 251 .305 & ORS 251 .325
Stats. Implemented: ORS 251 .365
Hist.: ELECT 19-1989, f. & cert. ef. 10-16-89; ELECT 6-1991(Temp), f. & cert. ef. 7-2-91; ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91; ELECT 16-1993, f. & cert. ef. 4-29-93; Renumbered from 165-060-3080; ELECT 6-1994, f. & cert. ef. 3-31-94

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