ORS Chapter 251 - Oregon Statutes

Chapter 251 — Voters’Pamphlet

 

2009 EDITION

 

VOTERS’PAMPHLET

 

ELECTIONS

 

STATEVOTERS’ PAMPHLET GENERALLY

 

251.005     Definitions

 

251.008     Jointproduction of state and county voters’ pamphlet

 

251.012     Size,format and distribution of voters’ pamphlet

 

251.016     Dispositionof fee

 

251.022     Voters’pamphlet for election to fill vacancy in office of United States Senator orRepresentative in Congress

 

251.026     Statementsand information included in voters’ pamphlets

 

251.046     Contentof statements and arguments

 

251.049     Namesor titles of persons or names of organizations excluded from arguments andstatements; exceptions; prohibitions

 

251.055     Typeof material to be excluded from pamphlet; liability for libel; procedure ifmaterial excluded; rules

 

251.065     Filingportrait and statement by or for candidate; format of statement; rules

 

251.067     Inclusionof portrait and statement of candidate for county, city or metropolitan servicedistrict office; inclusion of county measure or metropolitan service districtmeasure

 

251.069     Mapof metropolitan service district to be printed in certain pamphlets

 

251.075     Portraitrequirements; rules

 

251.085     Formatof candidate’s statement

 

251.087     Secretaryof State review of candidate portrait and statement; procedure if portrait orstatement must be revised; rules

 

251.095     Candidatespace in voters’ pamphlet; fee or petition; use of space; rules

 

251.115     Statementof statewide and less than statewide political party or assembly; fee orpetition; size of statement; rules

 

251.125     Identificationof portrait or statement; disclaimer

 

251.135     Refundof filing fee

 

251.145     Exemptionfrom public records law

 

251.155     Statementsand arguments inadmissible in action to enjoin publication of pamphlet

 

251.165     Preparingmaterial for inclusion in state voters’ pamphlet

 

251.175     Distributionof pamphlet; rules for nonstatewide special elections

 

STATEINITIATIVE AND REFERENDUM PAMPHLET

 

251.185     Measures,estimates, statements and arguments included in voters’ pamphlet; county andmetropolitan service district measures

 

251.195     Formfor printing proposed constitutional amendment

 

251.205     Appointmentof committee to draft explanatory statement of measure proposed by initiativeor referendum

 

251.215     Preparationand filing of explanatory statement of measure

 

251.225     Preparationand filing of explanatory statement by Legislative Counsel Committee; whenexplanatory statement of committee used

 

251.230     Effectif explanatory statement not filed

 

251.235     SupremeCourt review of explanatory statement; service requirements

 

251.245     Committeeto prepare and file argument in support of measure referred by legislature

 

251.255     Filingarguments for or against measure; fee or petition; size of argument space;rules

 

251.260     Secretaryof State review of arguments for error in identification of measure number ordesignation of support or opposition to measure; changes allowed

 

251.265     Authorof argument, author’s organization and disclaimer to be included in voters’pamphlet

 

251.285     Inclusionof county measure or metropolitan service district measure in voters’ pamphlet

 

251.295     Radioand television broadcasts to supplement pamphlet

 

COUNTYVOTERS’ PAMPHLET

 

251.305     Countyvoters’ pamphlet

 

251.315     Informationrequired to be included in voters’ pamphlet; deadline for distribution

 

251.325     Scheduleand procedures for producing and distributing pamphlet; fees; rules

 

251.335     Filingportrait and statement by or for candidate; disclaimer

 

251.345     Explanatorystatement

 

251.355     Filingarguments for or against measure

 

251.358     Omissionfrom voters’ pamphlet of ballot titles, explanatory statements and argumentsfor certain measures

 

251.365     Costof pamphlet preparation; allocation of revenue

 

251.375     Exceptionto ORS 251.365 for certain districts

 

251.385     “Electoraldistrict” defined for ORS 251.345 to 251.375

 

251.395     Contentof statements and arguments; notice of material that may be excluded

 

251.405     Namesor titles of persons or names of organizations excluded from arguments andstatements; exceptions; prohibitions

 

251.415     Typeof material to be excluded from pamphlet; liability for libel; procedure ifmaterial excluded

 

251.425     Formatof candidate’s statement

 

251.430     Exemptionfrom public records law

 

251.435     Statementsand arguments inadmissible in action to enjoin publication of pamphlet

 

STATEVOTERS’ PAMPHLET GENERALLY

 

      251.005Definitions.As used in this chapter:

      (1)“Candidate” means an individual whose name is or is expected to be printed onthe official ballot.

      (2)“City office” means the office of mayor, city auditor, city councillor ormunicipal judge of a city having a population of 50,000 or more according tothe most recent determination made under ORS 190.510 to 190.610.

      (3)“County clerk” means the county clerk or the county official in charge of elections.

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

      (5)“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. [1979 c.190 §172; 1981 c.173 §28; 1983 c.123 §1;1983 c.392 §4; 1987 c.432 §1; 2003 c.14 §118]

 

      251.008Joint production of state and county voters’ pamphlet. Notwithstandingany other provision of law, the Secretary of State and a county may enter intoan intergovernmental agreement as provided in ORS 190.003 to 190.130 underwhich the Secretary of State and the county clerk of the county may jointlyproduce a voters’ pamphlet for any election as provided under this chapter orany other law relating to production and distribution of a voters’ pamphlet. [1993c.3 §2 and 1993 c.604 §9]

 

      251.010 [Repealed by1957 c.217 §9]

 

      251.012Size, format and distribution of voters’ pamphlet. The Secretaryof State by rule shall prescribe the size, format and method of distribution ofany state voters’ pamphlet, subject to the limits described in this chapter. [1999c.318 §7]

 

      251.015 [1957 c.217 §1;1979 c.190 §314; renumbered 258.006]

 

      251.016Disposition of fee.The Secretary of State shall pay fees received under this chapter into theGeneral Fund. [1979 c.190 §173]

 

      251.020 [Repealed by1957 c.217 §9]

 

      251.022Voters’ pamphlet for election to fill vacancy in office of United StatesSenator or Representative in Congress. (1) If a special election or specialprimary election is held under ORS 188.120 for the purpose of filling a vacancyin election or office of United States Senator or Representative in Congress,or for nominating a candidate of each major political party to fill thevacancy, the Secretary of State shall prepare a voters’ pamphlet for eachelection.

      (2)A voters’ pamphlet prepared under subsection (1) of this section shall containinformation about the candidates for nomination or election to the office ofUnited States Senator or Representative in Congress at the special election orspecial primary election. [1999 c.318 §6]

 

      251.025 [1957 c.217 §2;1979 c.190 §315; renumbered 258.016]

 

      251.026Statements and information included in voters’ pamphlets. (1) TheSecretary of State shall prepare and have printed in the voters’ pamphlet forthe state primary election, the general election and any special electiondescribed in ORS 251.022 a statement containing, if applicable:

      (a)Requirements for a citizen to qualify as an elector.

      (b)When an elector is required to register or update a registration.

      (c)In the voters’ pamphlet for the primary election, a statement of the duties andresponsibilities of a precinct committeeperson to be elected at the primaryelection.

      (d)Any other information the Secretary of State considers relevant to the conductof the election.

      (2)The Secretary of State shall include a statement on the cover of the voters’pamphlet that the pamphlet may be used to assist electors in voting.

      (3)The Secretary of State may include in the voters’ pamphlet the followinginformation:

      (a)Maps showing the boundaries of senatorial and representative districts.

      (b)Voter registration forms.

      (c)Elector instructions, including the right of an elector to request a secondballot if the first ballot is spoiled and the right of an elector to seekassistance in marking the ballot. [Formerly 255.025; 1987 c.267 §24; 1991 c.719§§23,24; 1993 c.713 §28; 1993 c.797 §21a; 1995 c.712 §35; 1999 c.318 §9; 1999c.410 §25]

 

      251.030 [Repealed by1957 c.217 §9]

 

      251.035 [1957 c.217 §3;1979 c.190 §316; renumbered 258.026]

 

      251.036 [1979 c.533 §6;1993 c.493 §91; 1999 c.318 §52; renumbered 251.069 in 1999]

 

      251.040 [Repealed by1957 c.217 §9]

 

      251.045 [1957 c.217 §4;1975 c.675 §21; 1979 c.190 §317; renumbered 258.036]

 

      251.046Content of statements and arguments. (1) Statements and arguments submittedfor inclusion in a voters’ pamphlet by a candidate, political party or assemblyof electors, or a person supporting or opposing a measure shall consist only ofwords or numbers.

      (2)The Secretary of State shall specify on any instructions for filing astatement, argument or other material in the voters’ pamphlet that thestatement, argument or material may be excluded under ORS 251.055. [1979 c.190 §175;1993 c.351 §3]

 

      251.049Names or titles of persons or names of organizations excluded from argumentsand statements; exceptions; prohibitions. (1) Except as provided insubsection (2) of this section, the Secretary of State may not print the nameor title of a person or the name of an organization in an argument supportingor opposing any measure or a statement of any candidate, political party orassembly of electors filed for inclusion in the voters’ pamphlet, if the nameor title of the person or the name of the organization is cited as supportingor endorsing the argument or statement.

      (2)The Secretary of State may print the name or title of a person or the name ofan organization in an argument or statement submitted for inclusion in thevoters’ pamphlet as supporting or endorsing the argument or statement if:

      (a)Not later than the deadline for filing an argument or statement with theSecretary of State, the secretary receives a statement signed by the person, orby an authorized person on behalf of an organization, stating that the personconsents to the use of the name or title of the person or the name of theorganization; or

      (b)The name or title of a person or the name of an organization is used with aquotation made by the person or by an authorized person on behalf of anorganization, the quotation was disseminated to the public prior to itsinclusion in the argument or statement and the quotation is identified by itssource and date.

      (3)A person may not:

      (a)Submit a false signature under subsection (2) of this section; or

      (b)Alter the manner in which a person signing a statement of consent described insubsection (2) of this section designates the person’s name or title or thename of the organization the person represents to appear in the argument orstatement. This paragraph does not prohibit revisions allowed or required underORS 251.055 or 251.087. [1987 c.724 §2; 1991 c.719 §47; 1993 c.493 §108; 2001c.564 §1; 2003 c.233 §2; 2009 c.11 §22]

 

      251.050 [Repealed by1957 c.217 §9]

 

      251.055Type of material to be excluded from pamphlet; liability for libel; procedureif material excluded; rules. (1) The Secretary of State shall rejectany statement, argument or other matter offered for filing and printing in avoters’ pamphlet which:

      (a)Contains any obscene, profane or defamatory language;

      (b)Incites or advocates hatred, abuse or violence toward any person or group; or

      (c)Contains any language which may not legally be circulated through the mails.

      (2)Nothing in this chapter shall make the author of any statement or argumentexempt from any civil or criminal action because of any defamatory statementsoffered for printing or contained in the voters’ pamphlet. The persons writing,signing or offering a statement or argument for filing shall be deemed itsauthors and publishers.

      (3)The Secretary of State by rule shall establish a procedure to notify a personwho offered a statement, argument or other matter that was rejected pursuant tothis section. Subject to voters’ pamphlet deadlines, the procedure shallrequire the Secretary of State to:

      (a)Make reasonable attempts to notify the person of the rejection; and

      (b)Allow the person, if notified pursuant to paragraph (a) of this subsection, torevise the statement so that it does not violate the provisions of thissection. [Formerly 255.040; 1993 c.351 §1]