68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2159
House Bill 2864
Sponsored by Representative JOHNSTON; Representatives EIGHMEY,
GORDLY, RASMUSSEN, SHIELDS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Adds offices of state Senator and state Representative to list
of nonpartisan offices. Retains election of state Senator and
state Representative at general election.
Applies to nominations, appointments and elections occurring on
or after effective date of Act.
A BILL FOR AN ACT
Relating to the Legislative Assembly; creating new provisions;
amending ORS 171.051, 171.060, 171.068, 171.540, 173.730,
188.010, 197.130, 249.002, 249.068, 249.072, 249.088, 249.200,
254.005, 260.005, 260.073, 260.655, 260.725 and 260.737; and
repealing section 1, chapter 1, Oregon Laws 1995 (Measure No.
9).
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 249.002 is amended to read:
249.002. As used in this chapter:
(1) 'Candidate' means an individual whose name is or is
expected to be printed on the official ballot.
(2) 'County clerk' means the county clerk or the county
official in charge of elections.
(3) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(4) 'Judge' means judge of the Supreme Court, Court of Appeals,
circuit or district court or the Oregon Tax Court.
(5) 'Member' means an individual who is registered as being
affiliated with the political party.
(6) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(7) 'Nonpartisan office' means the office of judge,
Superintendent of Public Instruction, { + state Senator, state
Representative, + } any elected office of a metropolitan service
district under ORS chapter 268, justice of the peace, sheriff or
district attorney.
(8) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(9) 'Public office' means any national, state, county, city or
district office or position, except a political party office,
filled by the electors.
(10) 'State office' means Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries, Superintendent of Public Instruction, judge,
state Senator, state Representative or district attorney.
SECTION 2. ORS 249.088 is amended to read:
249.088. (1) At the nominating election held on the date of the
primary election, two candidates shall be nominated for the
nonpartisan office. However, when a candidate, other than a
candidate for sheriff { + , state Senator, state
Representative + } or a candidate to fill a vacancy, receives a
majority of the votes cast for the office at the nominating
election, that candidate is elected.
(2) When a candidate for the office of sheriff { + , state
Senator, state Representative + } or a candidate to fill a
vacancy receives a majority of votes cast for the office at the
nominating election, that candidate alone is nominated.
SECTION 3. ORS 249.200 is amended to read:
249.200. (1) A major political party may nominate a candidate
to fill a vacancy in a partisan elective office in the following
manner:
(a) If the vacancy occurs on or before the 70th day before a
primary election, by selecting a nominee at the next primary
election; or
(b) If the vacancy occurs after the 70th day before the primary
election but before the { - 20th - } { + 61st + } day before
the general election, by selecting a nominee as provided by party
rule.
(2) The procedure under subsection (1) of this section shall
not apply in any case in which one of the following specific
procedures for filling a vacancy applies:
(a) The procedure specified in ORS 188.120 for the offices of
Representative in Congress and United States Senator.
{ - (b) The appointment procedure specified in ORS 171.051 to
171.064 for state legislative office. - }
{ - (c) - } { + (b) + } The procedure specified in ORS
chapter 236 for county office.
{ - (d) - } { + (c) + } The procedure specified in ORS
chapter 221 for city office.
(3) A party that selects a nominee under subsection (1)(b) of
this section, immediately after the nomination, shall notify the
filing officer with whom a declaration of candidacy for the
office is filed of the name of the nominee by the most
expeditious means practicable.
(4) The Secretary of State by rule may adopt a schedule
specifying the period following a vacancy within which a major
political party that selects a nominee under subsection (1)(b) of
this section must notify the filing officer of the name of the
nominee under subsection (3) of this section.
SECTION 4. ORS 249.068 is amended to read:
249.068. (1) Except as otherwise provided for a candidate for
nonpartisan office in ORS 249.072, a nominating petition for an
office to be voted for in the state at large or for a candidate
for Representative in Congress shall contain signatures of
members of the same major political party as the candidate.
Except as provided in this subsection, there shall be at least
1,000 signatures or the number of signatures at least equal to
two percent of the vote cast in the state or congressional
district, as the case may be, for the candidates of that major
political party for presidential electors at the last
presidential election, whichever is less. For an election next
following any change in the boundaries of a congressional
district, there shall be at least 1,000 signatures or the number
of signatures at least equal to two percent of the average number
of votes cast in all congressional districts in this state, as
the case may be, for the candidates of that major political party
for presidential electors at the last presidential election,
whichever is less. If the office is one to be voted for in the
state at large the signatures shall include those of electors
registered in at least one-tenth of the precincts in each of at
least seven counties. If the office is one to be voted for in a
congressional district the signatures shall include those of
electors registered in at least one-tenth of the precincts in
each of at least one-fourth of the counties in the congressional
district.
(2) Except as otherwise provided in this section or for a
candidate for nonpartisan office in ORS 249.072, a nominating
petition for an office not provided for in subsection (1) of this
section shall contain the signatures of electors who are members
of the same major political party as the candidate. There shall
be at least 500 signatures or the number of signatures at least
equal to two percent of the vote in the electoral district for
the candidates of that major political party for presidential
electors at the last presidential election, whichever is less.
{ - In the case of major political party candidates for the
office of state Senator or state Representative, for an election
next following any change in the boundaries of the districts of
state Senators or state Representatives under section 6, Article
IV of the Oregon Constitution, there shall be at least 500
signatures or the number of signatures at least equal to two
percent of the average number of votes cast in all state
Senatorial or state Representative districts in this state, as
the case may be, for the candidates of that major political party
for presidential electors at the last presidential election,
whichever is less. - } In addition:
(a) If the office under this subsection is to be voted for in
more than one county, the signatures shall include those of
electors registered in at least one-eighth of the precincts in
the electoral district that are located in each of two or more of
the counties, or portions of the counties, within which the
electoral district is located. If one-eighth of the precincts of
the electoral district in one of the counties or portion thereof
does not constitute a whole precinct, the nominating petition
shall contain signatures from at least one precinct in that
county.
(b) If the office is to be voted for in only one county or in a
city, the signatures shall include those of electors registered
in at least one-fifth of the precincts in the electoral district.
SECTION 5. ORS 249.072 is amended to read:
249.072. (1) If the nonpartisan office is to be voted for in
the state at large, the nominating petition shall contain at
least 1,000 signatures of electors, or a number of signatures of
electors equal to at least one percent of the vote cast in the
state for all candidates for Governor at the most recent election
at which a candidate for Governor was elected to a full term,
whichever is less. The signatures shall include those of electors
registered in each of at least one-tenth of the precincts in each
of at least seven counties.
(2) The nominating petition for a nonpartisan office not
provided for in subsection (1) of this section shall contain at
least 500 signatures of electors in the electoral district, or a
number of signatures of electors equal to at least one percent of
the vote cast in the electoral district for all candidates for
Governor at the most recent election at which a candidate for
Governor was elected to a full term, whichever is less. { + In
the case of candidates for the office of state Senator or state
Representative, for an election next following any change in the
boundaries of the districts of state Senators or state
Representatives under section 6, Article IV of the Oregon
Constitution, there shall be at least 500 signatures or the
number of signatures at least equal to one percent of the average
number of votes cast in all state Senatorial or state
Representative districts in this state, as the case may be, for
all candidates for presidential electors at the last presidential
election, whichever is less. + } In addition:
(a) If an office under this subsection is to be voted for in
more than one county, the signatures shall include those of
electors registered in each of at least one-eighth of the
precincts in the electoral district that are located in each of
two or more of the counties, or portions of the counties, within
which the electoral district is located. If one-eighth of the
precincts of the electoral district in one of the counties or
portion thereof does not constitute a whole precinct, the
nominating petition shall contain signatures from at least one
precinct in that county.
(b) If the office is to be voted for in only one county or in a
city, the signatures shall include those of electors registered
in each of at least one-fifth of the precincts in the electoral
district.
SECTION 6. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) 'Ballot' means any material on which votes may be cast for
candidates or measures.
(2) 'Ballot label' means the material containing the names of
candidates or the measures to be voted on.
(3) 'Chief elections officer' means the:
(a) Secretary of State, regarding a candidate for a state
office or an office to be voted on in the state at large or in a
congressional district, or a measure to be voted on in the state
at large.
(b) County clerk, regarding a candidate for a county office, or
a measure to be voted on in a county only.
(c) City clerk, auditor or recorder, regarding a candidate for
a city office, or a measure to be voted on in a city only.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) 'Major political party' means a political party that has
qualified as a major political party under ORS 248.006.
(7) 'Measure' includes any of the following submitted to the
people for their approval 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.
(8) 'Minor political party' means a political party that has
qualified as a minor political party under ORS 248.008.
(9) 'Nonpartisan office' means the office of judge of the
Supreme Court, Court of Appeals, circuit or district court or the
Oregon Tax Court, Superintendent of Public Instruction,
{ + state Senator, state Representative, + } any elected office
of a metropolitan service district under ORS chapter 268, justice
of the peace, sheriff or district attorney.
(10) 'Prospective petition' means the information, except
signatures and other identification of petition signers, required
to be contained in a completed petition.
(11) 'Regular district election' means the election held each
year for the purpose of electing members of a district board as
defined in ORS 255.005 (2).
(12) 'Voting machine' means:
(a) Any device which will record every vote cast on candidates
and measures and which will either internally or externally total
all votes cast on that device.
(b) Any device into which a ballot may be inserted and which is
so designed and constructed that the vote for any candidate or
measure may be indicated by punching or marking the ballot.
(13) 'Vote tally system' means one or more pieces of equipment
necessary to examine and tally automatically the marked or
punched ballots.
SECTION 7. ORS 171.051 is amended to read:
171.051. (1) When any vacancy occurs in the Legislative
Assembly due to death or recall or by reason of resignation filed
in writing with the Secretary of State or a person is declared
disqualified by the house to which the person was elected, the
vacancy shall be filled by appointment if:
(a) The vacancy occurs during any session of the Legislative
Assembly;
(b) The vacancy occurs in the office of a state Representative
before the 60th day before the general election to be held during
that term of office;
(c) The vacancy occurs in the office of a state Senator before
the 60th day before the first general election to be held during
that term of office;
(d) The vacancy occurs in the office of a state Senator at any
time after the 15th day before the first general election and
before the 60th day before the second general election to be held
during that term of office; or
(e) A special session of the Legislative Assembly will be
convened before a successor to the office can be elected and
qualified.
(2) The person appointed under the provisions of subsection (1)
of this section shall be a citizen qualified to hold the office
{ - , - } { + and + } an elector of the affected legislative
district { - and a member of the same political party for at
least 180 days before the date on which the vacancy occurred. The
political affiliation of a person appointed under subsection (1)
of this section shall be determined under ORS 236.100 - } . The
appointment shall be made by the county courts or boards of
county commissioners of the affected counties pursuant to ORS
171.060 to 171.064. { - When the provisions of ORS 171.060 (1)
are applicable, the appointment shall be made from a list of not
fewer than three nor more than five nominees who have signed
written statements indicating that they are willing to serve
furnished by the Secretary of State. If fewer than three names of
nominees are furnished, a list shall not be considered to have
been submitted and the county courts or boards of county
commissioners shall fill the vacancy. - } The vacancy must be
filled by appointment within 30 days after its occurrence or not
later than the time set for the convening of the special session
described in subsection (1)(e) of this section when that is the
basis for filling the vacancy.
(3) If the appointing authority required by this section to
fill the vacancy does not do so within the time allowed, the
Governor shall fill the vacancy by appointment within 10 days.
(4) Notwithstanding any appointment under the provisions of
subsection (1)(c) of this section, when a vacancy occurs in the
office of a state Senator before the 15th day before the first
general election to be held during that term of office, the
remaining two years of the term of office shall be filled by the
electors of the affected legislative district at the first
general election.
(5) Candidates for the remaining two years of the term of
office of a state Senator under subsection (4) of this section
shall be nominated as provided in ORS chapter 249 except { - as
follows: - }
{ - (a) A major political party, minor political party,
assembly of electors or individual electors may select a nominee
for any vacancy occurring before the 15th day before the first
general election; and - }
{ - (b) - } { + that + } the Secretary of State shall
accept { - certificates of nomination and notifications of
nominees selected by party rule and filed with the secretary - }
{ + nominating petitions or declarations of candidacy + }
pursuant to a schedule for filing set by the Secretary of State
but in any case not later than the 10th day before the first
general election.
(6) The remaining two years of the term of office of a state
Senator under subsection (4) of this section will commence on the
second Monday in January following the general election. Any
appointment under the provisions of subsection (1)(c) of this
section shall expire when a successor to the office is elected
and qualified.
SECTION 8. ORS 171.060 is amended to read:
171.060. { - (1) When any vacancy as is mentioned in ORS
171.051 exists in the office of Senator or Representative
affiliated with a major political party and that vacancy is to be
filled by an appointing authority as provided in ORS 171.051, the
Secretary of State forthwith shall notify the person designated
by the party to receive such notice. The party shall pursuant to
party rule nominate not fewer than three nor more than five
qualified persons to fill the vacancy. The nominating procedure
shall reflect the principle of one-person, one-vote to accord
voting weight in proportion to the number of party members
represented. At the request of a party making a nomination, the
county clerks of each county constituting the district in which
the vacancy exists shall assist the party in determining the
number of electors registered as members of the party in the
district. A person shall not be nominated to fill the vacancy
unless the person signs a written statement indicating that the
person is willing to serve in the office of Senator or
Representative. As soon as the nominees have been appointed, but
no later than 20 days after the vacancy occurs, the party shall
notify the Secretary of State of the persons nominated. The
notification shall be accompanied by the signed written statement
of each nominee indicating that the nominee is willing to serve
in the office of Senator or Representative. The Secretary of
State shall notify the county courts or boards of county
commissioners of the counties constituting the district in which
the vacancy exists of the nominees and of the number of votes
apportioned to each member of the county courts or boards of
county commissioners under ORS 171.062 and 171.064. The Secretary
of State shall set a time for the meeting of the county courts or
boards of county commissioners in order to fill the vacancy and
by rule shall establish procedures for the conduct of the
meeting. If the district is composed of more than one county, the
Secretary of State shall name a temporary chairperson and
designate a meeting place within the district where the county
courts or boards of county commissioners shall convene for the
purpose of filling the vacancy, pursuant to ORS 171.051 (2). - }
{ - (2) - } { + (1) + } When any vacancy as is mentioned in
ORS 171.051 exists in the office of Senator or Representative
{ - not affiliated with a major political party - } and that
vacancy is to be filled by an appointing authority as provided in
ORS 171.051, the Secretary of State forthwith shall notify the
county courts or boards of county commissioners of the counties
constituting the district in which the vacancy occurs of the
vacancy and of the number of votes apportioned to each member of
the county courts or boards of county commissioners under ORS
171.062 and 171.064. The Secretary of State shall set a time for
a meeting of the county courts or boards of county commissioners
and by rule shall establish procedures for the conduct of the
meeting. If the district is composed of more than one county, the
Secretary of State shall name a temporary chairperson and
designate a meeting place within the district where the county
courts or boards of county commissioners shall convene for the
purpose of appointing a person to fill the vacancy.
{ - (3) - } { + (2) + } A written statement signed by a
majority of those qualified to vote upon the filling of any
vacancy naming the person selected to fill the vacancy and
directed to the Secretary of State is conclusive evidence of the
filling of the vacancy by the appointing authority named therein.
SECTION 9. ORS 171.068 is amended to read:
171.068. (1) For purposes of ORS 171.060, 171.062 and 171.064,
the county court or the board of county commissioners which shall
fill the vacancy in the Legislative Assembly in a district
created by reapportionment shall be the county court or board of
county commissioners of each county any part of which is in the
district that is created by the reapportionment and includes the
residence from which the former Senator or Representative was
elected.
{ - (2) Each person nominated by a major political party to
fill a vacancy in the Legislative Assembly occurring as described
by ORS 171.051 in a district created by reapportionment must be
registered to vote in the district from which the former Senator
or Representative was elected and must have been a member of the
same major political party at least 180 days before the date the
vacancy to be filled occurred. - }
{ - (3) - } { + (2) + } This section shall apply only to a
vacancy in the Legislative Assembly occurring after the primary
election next following reapportionment and before a person has
been elected and qualified to fill the vacancy.
SECTION 10. ORS 171.540 is amended to read:
171.540. (1) The Joint Legislative Committee on Water Policy is
established as a committee of the Legislative Assembly.
(2) The Joint Legislative Committee on Water Policy shall
consist of five members of the House appointed by the Speaker of
the House of Representatives and five members of the Senate
appointed by the President of the Senate. { - No more than four
of the House members, nor more than four of the Senate members,
shall be of the same political party. - } If the Speaker or the
President is a member, either from time to time may designate an
alternate from among the members of the appropriate body to
exercise powers as a member of the committee, except that the
alternate shall not preside if the Speaker or the President is a
chairperson.
(3) A committee shall be appointed within 30 days after the
convening of the Legislative Assembly in regular session.
Vacancies occurring in the membership of the committee shall be
filled by the appointing authority. If a vacancy occurs in the
membership of the committee during the interim, the vacant
position shall not be counted for the purpose of determining a
quorum until the vacancy is filled.
(4) Any action of the committee must be approved by an
affirmative vote of a majority of the members of the committee.
(5) The committee shall have a continuing existence and may
meet, act and conduct its business during the sessions of the
Legislative Assembly or any recess thereof, and in the interim
period between sessions. During the sessions of the Legislative
Assembly, the committee may conduct its business as a joint
committee or as separate water committees for the Senate and the
House of Representatives, as determined by the President of the
Senate and the Speaker of the House of Representatives.
(6) Each presiding officer shall designate a chairperson who
shall serve as cochairperson and who shall perform such duties as
the members require including the approval of voucher claims.
SECTION 11. ORS 173.730 is amended to read:
173.730. (1) The Legislative Administration Committee shall
consist of the Speaker of the House of Representatives, the
President of the Senate, four members of the House appointed by
the Speaker, and three members of the Senate appointed by the
President. The Speaker of the House of Representatives and the
President of the Senate may each designate an alternate from time
to time from among the members of the house over which that
person presides to exercise the powers, except as cochairman, as
a member of the committee. { - No more than three House members
of the committee shall be of the same political party. No more
than three Senate members of the committee shall be of the same
political party. - }
(2) The committee has a continuing existence and may meet, act
and conduct its business during sessions of the Legislative
Assembly or any recess thereof, and in the interim period between
sessions.
(3) The term of a member shall expire upon the convening of the
Legislative Assembly in regular session next following the
commencement of the member's term. When a vacancy occurs in the
membership of the committee in the interim between sessions,
until such vacancy is filled, the membership of the committee
shall be deemed not to include the vacant position for the
purpose of determining whether a quorum is present and a quorum
is a majority of the remaining members.
(4) The presiding officers shall act as cochairmen and may
alternate at succeeding meetings as presiding chairman of the
committee and vice chairman thereof. The chairmen, jointly or
singly, may, in addition to other acts authorized, approve
voucher claims.
(5) Action of the committee shall be taken only upon the
affirmative vote of the majority of members from each house who
serve as members of the committee.
SECTION 12. ORS 188.010 is amended to read:
188.010. The Legislative Assembly or the Secretary of State,
whichever is applicable, shall consider the following criteria
when apportioning the state into congressional and legislative
districts:
(1) Each district, as nearly as practicable, shall:
(a) Be contiguous;
(b) Be of equal population;
(c) Utilize existing geographic or political boundaries;
(d) Not divide communities of common interest; and
(e) Be connected by transportation links.
(2) No district shall be drawn for the purpose of favoring any
{ - political party, - } incumbent legislator or other person.
(3) No district shall be drawn for the purpose of diluting the
voting strength of any language or ethnic minority group.
(4) Two state House of Representative districts shall be wholly
included within a single state senatorial district.
{ + (5) No congressional district shall be drawn for the
purpose of favoring any political party. + }
SECTION 13. ORS 197.130 is amended to read:
197.130. (1) The Joint Legislative Committee on Land Use shall
consist of four members of the House of Representatives appointed
by the Speaker and three members of the Senate appointed by the
President. { - No more than three House members of the
committee shall be of the same political party. No more than two
Senate members of the committee shall be of the same political
party. - } If the Speaker of the House of Representatives or the
President of the Senate is a member, either may designate from
time to time an alternate from among the members of the
appropriate house to exercise powers as a member of the committee
except that the alternate shall not preside if the Speaker or
President is chairperson.
(2) The committee shall have a continuing existence and may
meet, act and conduct its business during sessions of the
Legislative Assembly or any recess thereof, and in the interim
period between sessions.
(3) The term of a member shall expire upon the convening of the
Legislative Assembly in regular session next following the
commencement of the member's term. When a vacancy occurs in the
membership of the committee in the interim between sessions,
until such vacancy is filled, the membership of the committee
shall be deemed not to include the vacant position for the
purpose of determining whether a quorum is present and a quorum
is the majority of the remaining members.
(4) The committee shall select a chairperson. The chairperson
may, in addition to other authorized duties, approve voucher
claims.
(5) Action of the committee shall be taken only upon the
affirmative vote of the majority of the members of the committee.
SECTION 14. ORS 260.005, is amended to read:
260.005. As used in this chapter:
(1)(a) 'Candidate' means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed, who has requested a
tally of write-in votes under ORS 249.007 or whose name is
expected to be or has been presented with the individual's
consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made { + , + } and
whether or not the name of the individual is printed on a ballot;
or
(C) A public office holder against whom a recall petition has
been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.156, '
candidate' does not include a candidate for the office of
precinct committeeperson.
(2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
A person, other than a political party officer, serving on a
board or committee of a political party that has more than 10
members with substantially equal authority to make decisions
shall not be deemed to participate substantially in
decision-making of the political party solely on account of such
service.
(3)(a) { + Except as provided in section 2, chapter 1, Oregon
Laws 1995 (Measure No. 9), + } ' contribute' or 'contribution '
includes:
(A) The payment, { - unrepaid - } loan, gift, forgiving of
indebtedness, or furnishing without equivalent compensation or
consideration, of money, services other than personal services
for which no compensation is asked or given, supplies, equipment
or any other thing of value:
(i) For the purpose of influencing an election for public
office { + or an election on a measure + }, or { + of + }
reducing the debt of a candidate for nomination or election to
public office or the debt of a political committee; or
(ii) To or on behalf of a candidate, political committee or
measure; and
(B) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
(b) Regarding a contribution made for compensation or
consideration of less than equivalent value, only the excess
value of it shall be considered a contribution.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(6) { + Except as provided in section 2, chapter 1, Oregon
Laws 1995 (Measure No. 9), + } 'expend' or 'expenditure' includes
the payment or furnishing of money or any thing of value or the
incurring or repayment of indebtedness or obligation by or on
behalf of a candidate, political committee or person in
consideration for any services, supplies, equipment or other
thing of value performed or furnished for any reason, including
in support of or opposition to a candidate, political committee
or measure { + , + } or for reducing the debt of a candidate for
nomination or election to public office. { + Subject to section
4, chapter 1, Oregon Laws 1995 (Measure No. 9), + } 'expenditure'
also includes contributions made by a candidate or political
committee to or on behalf of any other candidate or political
committee.
(7) 'Filing officer' means the:
(a) Secretary of State, regarding a candidate for any state
office { - , - } or any office to be voted for in the state at
large { - , - } or in a congressional district { + ; + }
{ - , - } or regarding a measure to be voted for in the state
at large.
(b) County clerk, regarding a candidate for any county office
or any district or precinct office within the county, or
regarding a measure to be voted for in one county or in a
district situated wholly within one county.
(c) Chief city election officer, regarding a candidate for any
city office, or a measure to be voted for in a city only.
(d) County clerk of the county in which the office of the chief
administrative officer or administrative board is located
regarding a candidate for office for any district or regarding a
measure to be voted on in a district, when the district is
situated in more than one county.
{ + (8) 'Independent expenditure' means an expenditure by a
person for a communication expressly advocating the election or
defeat of a clearly identified candidate that is not made with
the cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate. As used in this
subsection:
(a) 'Agent' means any person who has:
(A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign related activities the person may authorize
expenditures.
(b) 'Clearly identified' means:
(A) The name of the candidate involved appears;
(B) A photograph or drawing of the candidate appears; or
(C) The identity of the candidate is apparent by unambiguous
reference.
(c) 'Expressly advocating' means a message advocating election
or defeat, including but not limited to the name of the
candidate, or expressions such as 'vote for,' 'elect, ' '
support,' 'cast your ballot for,' or 'vote against, ' ' defeat'
or 'reject. '
(d) 'Made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a
candidate or any agent or authorized committee of the candidate':
(A) Means any arrangement, coordination or direction by the
candidate or the candidates agent prior to the publication,
distribution, display or broadcast of the communication. An
expenditure shall be presumed to be so made when it is:
(i) Based on information about the candidates plans, projects
or needs provided to the expending person by the candidate or by
the candidates agent, with a view toward having an expenditure
made; or
(ii) Made by or through any person who is, or has been,
authorized to raise or expend funds, who is, or has been, an
officer of a political committee authorized by the candidate or
who is, or has been, receiving any form of compensation or
reimbursement from the candidate, the candidates principal
campaign committee or agency; and
(B) Does not include providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures. + }
{ - (8) - } { + (9) + } 'Initiative petition' means a
petition to initiate a measure for which a prospective petition
has been filed but that is not yet a measure.
{ - (9) - } { + (10) + } 'Judge' means judge of the Supreme
Court, Court of Appeals, circuit or district court or the Oregon
Tax Court.
{ + (11) 'Labor organization' means any organization of any
kind, or any agency or employee representation committee or plan,
in which employees participate and that exists for the purpose,
in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment or conditions of work. + }
{ - (10) - } { + (12) + } 'Mass mailing' means over 200
substantially similar pieces of mail, but does not include a form
letter or other mail which is sent in response to an unsolicited
request, letter or other inquiry.
{ - (11) - } { + (13) + } 'Measure' includes any of the
following submitted to the people for their approval 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.
{ - (12) - } { + (14) + } 'Occupation' means the nature of
an individual's principal business or, if the individual is
employed by another person, the nature of the individual's
principal business or the business name and address of the
employer.
{ - (13) - } { + (15) + } 'Person' means an individual or a
corporation, association, firm, partnership, joint stock company,
club, organization or other combination of individuals having
collective capacity.
{ - (14) - } { + (16) + } 'Political committee' means a
combination of two or more individuals, or a person other than an
individual, that has received a contribution or made an
expenditure for the purpose of { + :
(a) + } Supporting or opposing a candidate, measure or
political party { + ; or + } { - . - }
{ + (b) Making independent expenditures in support of or in
opposition to a candidate, measure or political party. + }
{ - (15) - } { + (17) + } 'Public office' means any
national, state, county, district, city office or position,
except a political party office, that is filled by the electors.
{ - (16) - } { + (18) + } 'Recall petition' means a
petition to recall a public officer for which a prospective
petition has been filed but that is not yet a measure.
{ - (17) - } { + (19) + } 'Referendum petition' means a
petition to refer a measure for which a prospective petition has
been filed but that is not yet a measure.
{ - (18) - } { + (20) + } 'Slate mailer' means a mass
mailing that supports or opposes a total of three or more
candidates or measures.
{ - (19) - } { + (21) + }(a) 'Slate mailer organization'
means, except as provided in paragraph (b) of this subsection,
any person who directly or indirectly:
(A) Is involved in the production of one or more slate mailers
and exercises control over the selection of the candidates and
measures to be supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more
slate mailers or for endorsing or opposing, or refraining from
endorsing or opposing a candidate or measure in one or more slate
mailers.
(b) Notwithstanding paragraph (a) of this subsection, 'slate
mailer organization' does not include:
(A) A political committee organized by a political party; or
(B) A political committee organized by the { - caucus of
either the - } Senate or the House of Representatives of the
Legislative Assembly.
{ - (20) - } { + (22) + } 'State office' means the office
of Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, state Senator, state
Representative, judge or district attorney.
{ + (23) With respect to a single election means, in the case
of a contribution to a candidate for public office:
(a) The next election for nomination or election to that public
office, other than national or political party office, after the
contribution is made; or
(b) In the case of a contribution made after an election and
designated in writing by the contributor for a previous election,
the election so designated. A contribution may be designated for
a previous election under this subsection if the contribution
does not exceed the expenditure deficit of the candidate or
principal campaign committee of the candidate receiving the
contribution. + }
SECTION 15. { + Section 1, chapter 1, Oregon Laws 1995
(Measure No. 9) is repealed. + }
SECTION 16. ORS 260.073 is amended to read:
260.073. (1) Except as otherwise provided in ORS 260.112, each
political committee, other than a candidate's principal campaign
committee, supporting or opposing one or more candidates or
measures at the general election shall file the following with
each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 39th day and not later than the 29th day before
the date of the election. For a political committee that
supported or opposed one or more candidates or measures at the
primary election, the accounting period for the statement
required by this paragraph begins on the 21st day after the
primary election. Otherwise, the accounting period for the
statement begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 unless a
political committee has filed a post-election or supplemental
statement of contributions and expenditures showing an unexpended
balance of contributions or an expenditure deficit for a previous
election. If such a post-election or supplemental statement is
filed, the accounting period begins on the day following the last
day of the accounting period for the statement filed for the
previous election. If a political committee has filed a
post-election or supplemental statement of contributions and
expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that political
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by this
paragraph ends on the 40th day before the date of the election.
(b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee,
not sooner than the eighth day and not later than the fifth day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 39th day
before the date of the election and ends on the ninth day before
the date of the election.
(c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the political
committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received from a political committee or other person during the
period described in this paragraph exceed $500. The supplement
must be written but may be transmitted to the filing officer by
any expeditious means available. A treasurer of a political
committee who filed a certificate under ORS 260.112 shall file a
supplement under this paragraph if the aggregate contributions
exceed $500 because of contributions received after the ninth day
and before the day preceding the day of the election.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not
sooner than the 21st day and not later than the 30th day after
the date of the election. The accounting period for a statement
required by this paragraph begins on the eighth day before the
date of the election and ends on the 20th day after the date of
the election.
(2) A political committee affiliated with a political party,
{ - a caucus of - } either house of the Legislative Assembly,
a legislative official or a statewide official as defined in ORS
244.020, the Governor, Governor-elect or candidate for Governor
shall file a supplement to the post-election statement of
contributions received and expenditures made by or on behalf of
the political committee not sooner than the first business day in
January and not later than the Friday before the second Monday in
January. The supplement shall be filed if the aggregate
contributions received from any political committee or other
person exceed $500 during the period beginning after the 20th day
after the date of the election and ending on December 31 and
shall disclose only those contributions received from any
political committee or other person that exceed an aggregate of
$500 during the period beginning after the 20th day after the
date of the election and ending on December 31. The supplement
shall be written but may be transmitted to the filing officer by
any means available. A treasurer of a political committee
described in this subsection who filed a certificate under ORS
260.112 shall file a supplement under this subsection if the
aggregate contributions exceed $500 because of contributions
received after the 20th day following the election and prior to
January 1 of the following year.
(3) A political committee shall file a supplemental statement
of contributions received and expenditures made by or on behalf
of the political committee, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for a statement required under
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
(4) A political committee shall prepare one original copy of
each statement and the supplement required by subsections (1) to
(3) of this section and file a duplicate copy of the statement
and supplement with the filing officer of each candidate or
measure supported or opposed by the political committee. The
statement, supplement and each duplicate copy shall be signed and
certified as true by the treasurer required to file it.
SECTION 17. ORS 260.655 is amended to read:
260.655. No payment or contribution for any purpose shall be
made a condition precedent to putting a name on any { - caucus
or - } convention ballot, nomination paper or petition, or to the
performance of any duty imposed by law on a political committee.
SECTION 18. ORS 260.725 is amended to read:
260.725. (1) No legislative official, statewide official or
candidate therefor shall attempt to receive or to solicit or
receive or solicit a campaign contribution to the official or
candidate or the official's or candidate's principal campaign
committee or attempt to solicit or solicit a campaign expenditure
in support of the official or candidate from any person or
political committee during the period beginning January 1
immediately preceding a regular biennial session of the
Legislative Assembly and ending upon adjournment of the regular
biennial session of the Legislative Assembly, or during any
special session of the Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor
shall not attempt to receive or to solicit or receive or solicit
a campaign contribution to the Governor or candidate for Governor
or the Governor's or candidate's principal campaign committee or
attempt to solicit or solicit a campaign expenditure in support
of the Governor or candidate for Governor from any person or
political committee during the period beginning January 1
immediately preceding a regular biennial session of the
Legislative Assembly and ending 30 days following adjournment of
the regular biennial session of the Legislative Assembly, or
during any special session of the Legislative Assembly.
(3) No person or political committee during the period
beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending upon adjournment
of the regular biennial session of the Legislative Assembly, or
during any special session of the Legislative Assembly, shall
attempt to make or promise to make or make or promise to make a
campaign contribution to a legislative official, statewide
official or candidate therefor or to the official's or
candidate's principal campaign committee, or promise to make a
campaign expenditure in support of the official or candidate.
(4) No person or political committee during the period
beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending 30 days following
adjournment of the regular biennial session of the Legislative
Assembly, or during any special session of the Legislative
Assembly, shall attempt to make or promise to make or make or
promise to make a campaign contribution to the Governor,
Governor-elect or candidate for Governor, or to the Governor's or
candidate's principal campaign committee, or promise to make a
campaign expenditure in support of the Governor or candidate for
Governor.
(5) No person or political committee affiliated with a
political party, { - caucus of either house of the Legislative
Assembly, - } legislative official, statewide official or the
Governor, Governor-elect or candidate for Governor shall attempt
to receive or solicit or receive or solicit a campaign
contribution on behalf of a legislative official, statewide
official or candidate therefor during the period beginning
January 1 immediately preceding a regular biennial session of the
Legislative Assembly and ending upon adjournment of the regular
biennial session of the Legislative Assembly, or during any
special session of the Legislative Assembly.
(6) No person or political committee affiliated with a
political party, { - caucus of either house of the Legislative
Assembly, - } legislative official, statewide official or the
Governor, Governor-elect or candidate for Governor shall attempt
to receive or solicit or receive or solicit a campaign
contribution on behalf of the Governor, Governor-elect or
candidate for Governor during the period beginning January 1
immediately preceding a regular biennial session of the
Legislative Assembly and ending 30 days following adjournment of
the regular biennial session of the Legislative Assembly, or
during any special session of the Legislative Assembly.
(7) Nothing in this section shall prohibit:
(a) A legislative official, statewide official or candidate
therefor from making a contribution as an individual from the
individual's personal funds to the same official, candidate or
the candidate's principal campaign committee; or
(b) The Governor, Governor-elect or a candidate for Governor
from making a contribution as an individual from the individual's
personal funds to the same individual as Governor,
Governor-elect, a candidate for Governor or the candidate's
principal campaign committee.
(8) As used in this section:
(a) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(b) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent of Public Instruction-elect, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
SECTION 19. ORS 260.737 is amended to read:
260.737. (1) A slate mailer organization shall not send a slate
mailer unless all of the following are satisfied:
(a) The name and address of the slate mailer organization shall
be shown on the outside of each piece of the slate mailer in a
legible size and type.
(b) The following notice shall appear in a legible size and
type at the top or bottom of the front side of the slate mailer:
_________________________________________________________________
NOTICE TO VOTERS
THIS DOCUMENT WAS NOT PREPARED BY A POLITICAL PARTY COMMITTEE
{ - OR PARTY CAUCUS COMMITTEE - } .
CANDIDATES AND MEASURES MARKED WITH AN * PAID FOR APPEARANCE IN
THIS DOCUMENT.
_________________________________________________________________
(c) Each candidate that has paid to appear in the slate mailer
and each measure on whose behalf payment has been received to
appear in the slate mailer shall be designated by an asterisk of
legible size immediately following the name of the candidate or
the name or number of the measure in each instance where the name
of the candidate or the name or number of the measure appears in
the slate mailer.
(2) The Secretary of State by rule shall define 'legible size'
and 'legible size and type' as used in this section.
(3) For purposes of ORS 260.735 and this section, 'address '
means the address of a residence, office, headquarters or similar
location where the slate mailer organization or a responsible
officer of the slate mailer organization may be conveniently
located. If the slate mailer organization is a political
committee, the address shall be the address of the political
committee included in the statement of organization under ORS
260.039 or 260.042.
(4) Nothing in this section is intended to affect the
requirements of ORS 260.522.
(5) The Secretary of State by rule may define the term '
payment' as used in this section and ORS 260.005 (19) and
260.735.
SECTION 20. { + (1) This Act applies only to nominations for,
appointments to and elections to the offices of state Senator and
state Representative, and appointments involving members of the
Legislative Assembly, occurring on or after the effective date of
this Act.
(2) Nothing in this Act is intended to require a change in the
composition of any committee described in ORS 171.540, 173.730 or
197.130 as amended by sections 10, 11 and 13 of this Act. + }
----------