68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

HA to HB 2954

LC 2669

                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2954

                By COMMITTEE ON LEGISLATIVE RULES

                              May 1

  On page 1 of the printed bill, line 2, after 'statements '
insert '; creating new provisions; and amending ORS 251.065 and
section 4, chapter 811, Oregon Laws 1993'.
  Delete lines 4 through 32 and page 2 and insert:
  '  { +  SECTION 1. + }  { + Section 2 of this Act is added to
and made a part of ORS chapter 251. + }
  '  { +  SECTION 2. + }  { + (1) If a candidate files a portrait
and statement under ORS 251.065 for inclusion in the voters'
pamphlet, the Secretary of State shall review the portrait and
statement to ensure that the portrait complies with the
requirements of ORS 251.075 and that the statement complies with
the requirements of ORS 251.049 and 251.085.
  ' (2) Review by the Secretary of State under this section shall
be limited to determining whether the portrait and statement
comply with the requirements of ORS 251.049, 251.075 and 251.085
and shall not include any determination relating to the accuracy
or truthfulness of materials filed.
  ' (3) The Secretary of State shall review each portrait and
statement not later than three business days following the
deadline for filing a portrait and statement under ORS 251.065.
If the Secretary of State determines that the portrait or
statement of a candidate must be revised in order to comply with
the requirements of ORS 251.049, 251.075 or 251.085, the
Secretary of State shall attempt to contact the candidate not
later than the fifth business day following the deadline for
filing a portrait and statement under ORS 251.065. A candidate
contacted by the Secretary of State under this section may file a
revised portrait or statement not later than the seventh business
day following the deadline for filing a portrait and statement
under ORS 251.065.
  ' (4) If the Secretary of State is required to attempt to
contact a candidate under subsection (3) of this section, the
Secretary of State shall attempt to contact the candidate by
telephone or by using an electronic transmission facsimile
machine.
  ' (5) If the Secretary of State is unable to contact a
candidate or if the candidate does not file a revised portrait or
statement, the following rules apply:
  ' (a) If a portrait does not comply with ORS 251.075, the
Secretary of State may modify the portrait. The candidate shall
pay the expense of any modification prior to publication of the
portrait in the voters' pamphlet. If the portrait cannot be
modified to comply with ORS 251.075, the portrait shall not be
printed in the voters' pamphlet.
  ' (b) If a statement does not comply with ORS 251.085 the
statement shall not be printed in the voters' pamphlet.
  ' (c) If a statement does not comply with ORS 251.049, the
Secretary of State shall edit the statement to remove language
that does not comply with ORS 251.049.

  ' (6) If the portrait or statement of a candidate filed under
ORS 251.065 does not comply with a requirement of ORS 251.049,
251.075 or 251.085 and the Secretary of State does not attempt to
contact the candidate by the deadline specified in subsection (3)
of this section, for purposes of ORS 251.049, 251.075 and 251.085
only, the portrait or statement shall be printed as filed.
  ' (7) A candidate revising a portrait or statement under this
section shall make only those revisions necessary to comply with
ORS 251.049, 251.075 and 251.085.
  ' (8) The Secretary of State by rule may define the term '
contact' as used in this section. + }
  '  { +  SECTION 3. + }  { +  Notwithstanding section 2 of this
Act, until January 1, 1997, section 2 of this Act shall not be
operative, but section 5 of this Act shall operate in lieu
thereof. + }
  '  { +  SECTION 4. + }  { + Section 5 of this Act is added to
and made a part of sections 1 to 13 and 17 and 18, chapter 811,
Oregon Laws 1993. + }
  '  { +  SECTION 5. + }  { + (1) If a candidate files a portrait
and statement under section 4, chapter 811, Oregon Laws 1993, for
inclusion in the voters' pamphlet, the Secretary of State shall
review the portrait and statement to ensure that the portrait
complies with the requirements of section 5, chapter 811, Oregon
Laws 1993, and that the statement complies with ORS 251.049 and
with the summary requirements of section 6, chapter 811, Oregon
Laws 1993.
  ' (2) Review by the Secretary of State under this section shall
be limited to determining whether the portrait and statement
comply with the requirements of ORS 251.049 and section 5,
chapter 811, Oregon Laws 1993, and the summary requirements of
section 6, chapter 811, Oregon Laws 1993, and shall not include
any determination relating to the accuracy or truthfulness of
materials filed.
  ' (3) The Secretary of State shall review each portrait and
statement not later than three business days following the
deadline for filing a portrait and statement under section 4,
chapter 811, Oregon Laws 1993. If the Secretary of State
determines that the portrait or statement of a candidate must be
revised in order to comply with the requirements of ORS 251.049
or section 5, chapter 811, Oregon Laws 1993, or the summary
requirements of section 6, chapter 811, Oregon Laws 1993, the
Secretary of State shall attempt to contact the candidate not
later than the fifth business day following the deadline for
filing a portrait and statement under section 4, chapter 811,
Oregon Laws 1993. A candidate contacted by the Secretary of State
under this section may file a revised portrait or statement not
later than the seventh business day following the deadline for
filing a portrait and statement under section 4, chapter 811,
Oregon Laws 1993.
  ' (4) If the Secretary of State is required to attempt to
contact a candidate under subsection (3) of this section, the
Secretary of State shall attempt to contact the candidate by
telephone or by using an electronic transmission facsimile
machine.
  ' (5) If the Secretary of State is unable to contact a
candidate or if the candidate does not file a revised portrait or
statement, the following rules apply:
  ' (a) If a portrait does not comply with section 5, chapter
811, Oregon Laws 1993, the Secretary of State may modify the
portrait. The candidate shall pay the expense of any modification
prior to publication of the portrait in the voters' pamphlet. If
the portrait cannot be modified to comply with section 5, chapter
811, Oregon Laws 1993, the portrait shall not be printed in the
voters' pamphlet.


  ' (b) If a statement does not comply with the summary
requirements of section 6, chapter 811, Oregon Laws 1993, the
statement shall not be printed in the voters' pamphlet.
  ' (c) If a statement does not comply with ORS 251.049, the
Secretary of State shall edit the statement to remove language
that does not comply with ORS 251.049.
  ' (6) If the portrait or statement of a candidate filed under
section 4, chapter 811, Oregon Laws 1993, does not comply with a
requirement of ORS 251.049 or section 5, chapter 811, Oregon Laws
1993, or the summary requirements of section 6, chapter 811,
Oregon Laws 1993, and the Secretary of State does not attempt to
contact the candidate by the deadline specified in subsection (3)
of this section, for purposes of ORS 251.049 and section 5,
chapter 811, Oregon Laws 1993, and the summary requirements of
section 6, chapter 811, Oregon Laws 1993, only, the portrait or
statement shall be printed as filed.
  ' (7) A candidate revising a portrait or statement under this
section shall make only those revisions necessary to comply with
ORS 251.049 and section 5, chapter 811, Oregon Laws 1993, and the
summary requirements of section 6, chapter 811, Oregon Laws 1993.
  ' (8) The Secretary of State by rule may define the term '
contact' as used in this section. + }
  '  { +  SECTION 6. + } ORS 251.065 is amended to read:
  ' 251.065. (1) Not later than the 68th day before the primary
election and the 70th day before the general election, any
candidate for nomination or election at the next primary or
general election to the office of President or Vice President of
the United States, United States Senator, Representative in
Congress, any state office other than justice of the peace,
county, any city or legislative office, or an elected office of a
metropolitan service district organized under ORS chapter 268, or
an agent on behalf of the candidate, may file with the Secretary
of State a portrait of the candidate and a typewritten statement
of the reasons the candidate should be nominated or elected.
  ' (2) The Secretary of State by rule shall establish the format
and length of the statement permitted under this section.
  '  { +  (3) A portrait or statement filed under this section
shall be accompanied by a telephone or electronic facsimile
transmission machine number where the candidate may be contacted
for purposes of section 2 of this 1995 Act. + }
  '  { +  SECTION 7. + } Section 4, chapter 811, Oregon Laws
1993, is amended to read:
  '  { +  Sec. 4. + } (1) Not later than the 68th day before the
primary election and the 70th day before the general election,
any candidate or agent on behalf of the candidate for nomination
or election at the next primary or general election to:
  ' (a) The office of United States Senator, Representative in
Congress or any state office as defined in ORS 249.002 may file
with the Secretary of State a portrait of the candidate and a
typewritten statement of the reasons the candidate should be
nominated or elected.
  ' (b) The office of President or Vice President of the United
States may file with the Secretary of State a portrait of the
candidate and a typewritten statement of the reasons the
candidate should be nominated or elected. At any primary
election, a portrait and statement shall be printed for each
candidate for nomination to the office of President of the United
States. At the general election, portraits and statements of
candidates for election to the office of President and Vice
President of the United States shall be printed.
  ' (2) Subject to subsection (1) of this section, the Secretary
of State by rule shall establish the format of the statement
permitted under this section.
  '  { +  (3) A portrait or statement filed under this section
shall be accompanied by a telephone or electronic facsimile

transmission machine number where the candidate may be contacted
for purposes of section 5 of this 1995 Act. + } ' .
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