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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

DIVISION 71

REFERENDUM AND ELECTION PROCEDURES

 

603-071-0005

Referendum on the Creation of a District

As authorized by subsection (1) of ORS 568.380, the administrative procedures applicable to a referendum on the creation of a district, as provided for in ORS 568.350 and 568.360, shall be as follows:

(1) The department shall establish one or more voting places within, or if deemed more appropriate without, the proposed district. The department shall also establish the dates and hours for voting.

(2) The department shall cause due notice, as defined in subsection (5) of ORS 568.210, to be published or posted at least 15 days prior to the referendum and shall include in such notice the time and place of voting and the proposition to be submitted to vote.

(3) The department shall request of and obtain from the county clerk a list of registered voters residing within the proposed district, such list to be requested at least ten days prior to the time of the referendum. Such list shall constitute the registration of eligible voters for the referendum.

(4) The department shall prepare and make available at the voting places at the time of the referendum, ballots in the form prescribed in ORS 568.360. Procedures for absentee voting shall be in accordance with the provisions of ORS 253.010 to 253.120, and the department shall confer with the county clerk so as to comply therewith in lieu of the county clerk.

(5) The department shall tabulate and determine the results of the referendum, and shall cause such results to be published at least once in a newspaper of general circulation in the area.

(6) Proofs of publication and ballots, tally sheets and other referenda data shall be maintained by the department for at least six months after the referendum.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 568.380
Hist.: SC 7, f. 7-26-74, ef. 8-25-74; AD 3-1982, f. & ef. 5-20-82; Renumbered from 667-012-0005

 

603-071-0010

Referendum on the Consolidation of Districts

The administrative procedures applicable to a referendum on the consolidation of districts, as provided for in ORS 568.450 and 568.460, shall be those specified in OAR 603-071-0005, except the ballots shall provide for approval or disapproval of consolidation.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 568.380
Hist.: SCm7, f. 7-26-74, ef. 8-25-74; AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-012-0010

 

603-071-0015

Referendum on the Discontinuance of a District

The administrative procedures applicable to a referendum on the discontinuance of a district, as provided for in ORS 568.480, shall be those specified in OAR 603-071-0005, except the ballots shall conform with the provisions of subsection (2) of ORS 568.480. These provisions shall also apply to referendums on discontinuance due to a district being inactive, as provided for in ORS 568.515.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 568.380
Hist.: SC 7, f. 7-26-74, ef. 8-25-74; AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-012-0015

 

603-071-0020

Referendum on District Adoption of Land-Use Rules

Subject to the requirements of ORS 568.640 and 568.650, the administrative procedures applicable to a referendum on promulgation of land-use rules, as provided for in ORS 568.640, shall be those specified in OAR 603-071-0005. These provisions shall also apply to referendums on amendments, supplements, or repeals of such land-use rules, as provided for in ORS 568.670. However, the eligible voters shall only be the owners of lands to which the proposed land-use rule, amendment, supplement, or repeal applies. The district shall survey and determine, with the assistance of county officials and records, the eligible voters and such determination shall constitute the registration of eligible voters.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 568.380
Hist.: SC 7, f. 7-26-74, ef. 8-25-74; AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-012-0020

 

603-071-0025

Procedure for District Zoning and Elections Affected Thereby

In accordance with the provisions of subsection (1) of ORS 568.560, whereby the department is directed to provide for the zoning of each Soil and Water Conservation District in order to assure proper representation of all people in the district and to facilitate district functions, the following procedure shall be followed:

(1) Each Soil and Water Conservation District Board of Directors shall prepare a map of the district indicating the Board's proposed zones for the election of directors. In those districts where the Board of Directors consists of five members, the zones shall be three in number, and in those districts where the Board of Directors consists of seven members the zones shall be five in number.

(2) After preparation of said zoning map, the same shall be submitted to the department which shall review the proposed zones for compliance with the provisions of ORS 568.560, and thereafter either adopt the zones as proposed or modify the zones so as to cause the same to be in compliance with above cited statute.

(3) The department shall notify each Soil and Water Conservation District Board of Directors of the approved zoning of the district. Each director elected from one of the established zones shall meet the "land manager" requirements of subsection (1) of ORS 568.560, and the statutory provision for election of two "land occupiers" to a board (who need not be land managers), may be complied with by the election of two members at-large. Any registered voter residing within the district is qualified to be elected to an at-large position on the board.

Stat. Auth.: ORS 561
Stats. Implemented: ORS 568.380
Hist.: SC 8, f. & ef. 3-1-76; AD 3-1982, f. & ef. 5-20-82, Renumbered from 667-012-0025

 

603-071-0030

Nominating Petitions for Directors

(1) Except as provided in section (4) of this rule, nominating petitions of candidates for director to be voted for at a general election shall be filed with the department no later than the 70th day before the date of the election. The department shall file the nominating petition with the appropriate election officer no later than the 61st day before the date of the election, so that the appropriate election officer may perform the necessary election procedures.

(2) In the event of a vacancy in the office of a director, so that the provisions of either section (3) or (4) of this rule would apply, the district shall immediately prepare, and file with the department not later than 30 days after the vacancy occurs, a written confirmation of vacancy setting forth the date of vacancy, cause of vacancy, and identity of the office (term of office, position or zone, etc.).

(3) If a vacancy occurs in the office of a director, in addition to any other procedural requirements, the provisions of section (1) of this rule shall apply.

(4) If a vacancy occurs in the office of a director within a time period that would preclude compliance with section (1) of this rule, the appropriate election officer shall be immediately notified of this circumstance. Under this circumstance, nominating petitions of candidates for director shall be filed with the appropriate election officer for verification of signatures on the petitions no later than 20 days before the date of the election. The petitions shall thereafter be submitted by the election officer to the department for confirmation of the validity of the contents of the petitions and the need therefore. If the election is determined to be necessary, and the contents of the petitions appropriate, the department shall request the appropriate election officer to publish an amended Notice of Election, prepare supplemental election ballots and absentee ballots, and to perform other procedures prescribed in ORS Chapter 255 for district elections.

Stat. Auth.: ORS 561 & ORS 568
Stats. Implemented: ORS 568.380
Hist.: AD 17-1986, f. & ef. 12-18-86

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