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 704
Senate Bill 170
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Secretary of State)
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.
Requires summary page for state measures in state voters'
pamphlet. Directs summary page to include summary of measures,
statement of general effect of 'yes' or 'no' vote on measures,
summary of arguments supporting and opposing measures and list of
names of persons to contact for more information. Allows printing
in state voters' pamphlet of no more than one argument supporting
and one argument opposing state measure. Allows rebuttal
arguments. Specifies procedures for preparing arguments and
rebuttal arguments.
A BILL FOR AN ACT
Relating to voters' pamphlets; creating new provisions; and
amending ORS 251.026, 251.205, 251.215, 251.225, 251.230,
251.235 and 251.265 and sections 10 and 11, chapter 811, Oregon
Laws 1993.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 251.026 is amended to read:
251.026. (1) The Secretary of State shall prepare and have
printed in the state voters' pamphlet a statement containing the
following information:
(a) Requirements for a citizen to qualify as an elector.
(b) When an elector is required to register or update a
registration.
(c) How an elector may obtain an absentee ballot.
(d) How an elector may obtain a certificate of registration.
(e) In the voters' pamphlet for the primary election, a
statement of the duties and responsibilities of a precinct
committeeperson to be elected at the primary 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 at the polls.
{ + (3) The Secretary of State shall prepare and have printed
in the state voters' pamphlet a summary page at the beginning of
the voters' pamphlet section containing ballot measures. The
summary page shall include for each measure:
(a) The measure number and caption of the ballot title;
(b) The ballot measure summary; and
(c) The summaries prepared under ORS 251.215 or 251.225
describing the meaning and effect of 'yes' and 'no' votes on the
measure. + }
{ - (3) - } { + (4) + } The Secretary of State may include
in the voters' pamphlet the following information:
(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 second ballot if the first ballot is spoiled, the right
of an elector to take into the voting booth a sample ballot
marked in advance and the right of an elector to seek assistance
of the election board clerks or someone of the elector's own
choosing in marking the ballot.
{ + (d) A description of resources available to electors for
additional elector information. + }
SECTION 2. { + Section 3 of this Act is added to and made a
part of sections 1 to 13, chapter 811, Oregon Laws 1993. + }
SECTION 3. { + In addition to the requirements of ORS 251.026,
the Secretary of State shall prepare and have printed in the
state voters' pamphlet a summary page at the beginning of the
voters' pamphlet section containing ballot measures. The summary
page shall include for each measure:
(a) The measure number and caption of the ballot title;
(b) The ballot measure summary;
(c) The summaries prepared under ORS 251.215 or 251.225
describing the meaning and effect of 'yes' and 'no' votes on the
measure;
(d) The summaries of arguments supporting and opposing the
measure filed under section 11, chapter 811, Oregon Laws 1993, as
amended by section 9 of this 1995 Act; and
(e) A name of one person supporting and one person opposing the
measure filed under section 11, chapter 811, Oregon Laws 1993, as
amended by section 9 of this 1995 Act, whom electors may contact
for more information. + }
SECTION 4. ORS 251.205 is amended to read:
251.205. (1) Not later than the 120th day before a special
election held on the date of a primary election or any general
election at which a state measure is to be submitted to the
people, a committee of five citizens shall be selected for each
measure to prepare the explanatory statement { + and
summaries + } under ORS 251.215. The proponents of the measure
shall appoint two members to the committee and notify the
Secretary of State of the selections. The Secretary of State
shall appoint two members of the committee from among the
opponents, if any, of the measure. Those four shall select the
fifth member and notify the Secretary of State of the selection.
If the four members have not selected the fifth member by the
110th day before the election, the fifth member shall be
appointed by the Secretary of State. A vacancy shall be filled by
the person who made the original appointment.
(2) As used in this section, 'proponents' means:
(a) With respect to any state measure initiated or referred by
petition, the chief petitioners; or
(b) With respect to a measure referred by the Legislative
Assembly, the President of the Senate, who shall appoint a
Senator, and the Speaker of the House, who shall appoint a
Representative.
(3) With respect to a measure referred by the Legislative
Assembly, a Senator or Representative appointed under subsection
(1) of this section may disclose whether the Senator or
Representative supports or opposes the state measure. The
Secretary of State shall print the disclosure in the voters'
pamphlet following the explanatory statement.
SECTION 5. ORS 251.215 is amended to read:
251.215. (1) Not later than the 99th day before a special
election held on the date of a primary election or any general
election at which any state measure is to be submitted to the
people, the committee appointed under ORS 251.205 shall prepare
and file with the Secretary of State { + : + } { - , - }
{ + (a) + } An impartial, simple and understandable statement
{ + of not more than 500 words + } explaining the measure { + ;
and + } { - . The statement shall not exceed 500 words - }
{ + (b) A concise summary describing the meaning and effect
of a ' yes' vote on the measure and a concise summary describing
the meaning and effect of a 'no' vote on the measure. Each
summary shall not exceed 50 words + }.
(2) Not sooner than the 98th nor later than the 95th day before
the election, the Secretary of State shall hold a hearing in
Salem upon reasonable statewide notice to receive suggested
changes or other information relating to any explanatory
statement { + or summary prepared under this section or ORS
251.225 + }. At the hearing any person may submit suggested
changes or other information orally or in writing. Written
suggestions or other information also may be submitted at any
time before the hearing.
(3) The committee for each measure shall consider suggestions
and any other information submitted under subsection (2) of this
section, and may file a revised statement { + or revised
summaries + } with the Secretary of State not later than the 90th
day before the election.
(4) The original statement { + and summaries + } and any
revised statement { + or summaries + } must be approved by at
least three members of the committee. If a member does not
concur, { - the - } { + each + } statement { + or
summary + } shall show only that the member dissents.
SECTION 6. ORS 251.225 is amended to read:
251.225. (1) { + For each state measure, + } the Legislative
Counsel Committee shall prepare { + :
(a) + } An impartial, simple and understandable statement of
not more than 500 words explaining { - each state - }
{ + the + } measure { + ; and
(b) A concise summary describing the meaning and effect of a '
yes' vote on the measure and a concise summary describing the
meaning and effect of a 'no' vote on the measure. Each summary
shall not exceed 50 words + }.
{ + (2) + } The statement { + and summaries described in
subsection (1) of this section + } shall be filed with the
Secretary of State not later than the last day for filing a
statement { + and summaries + } prepared under ORS 251.215.
{ - (2) - } { + (3) + } If an explanatory statement { + or
summary described in ORS 251.215 + }is not filed by a committee
under ORS 251.215, the statement { + or summary + } of the
Legislative Counsel Committee shall be the explanatory statement
{ - of - } { + or summary for + } the measure, and shall be
subject to the provisions of ORS 251.215.
SECTION 7. ORS 251.230 is amended to read:
251.230. If an explanatory statement { + or summary + } is not
filed by a committee under ORS 251.215 or by the Legislative
Counsel Committee under ORS 251.225, the measure shall be printed
in the voters' pamphlet without the explanatory statement { + or
summary + }.
SECTION 8. ORS 251.235 is amended to read:
251.235. Any person dissatisfied with an explanatory statement
{ + or summary + } for which suggestions were offered at the
Secretary of State's hearing under ORS 251.215, may petition the
Supreme Court seeking a different statement { + or summary + }
and stating the reasons the statement { + or summary + } filed
with the court is insufficient or unclear. If the petition is
filed not later than the fifth day after the deadline for filing
a revised statement { + or summary + } with the Secretary of
State, the court shall review the statement { + or summary + },
hear arguments and certify an explanatory statement { + or
summary + } to the Secretary of State. The review by the Supreme
Court shall be conducted expeditiously to insure the orderly and
timely conduct of the election at which the measure is to be
submitted to the electors. The statement { + or summary + }
certified by the court shall be the explanatory statement { + or
summary + } printed in the voters' pamphlet.
SECTION 9. Section 11, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 11. + } { + (1) For each state measure to be voted
upon, the voters' pamphlet shall contain no more than one
argument supporting the measure, one argument opposing the
measure and one rebuttal argument to each.
(2) Except as provided in section 10, chapter 811, Oregon Laws
1993, for measures referred by the Legislative Assembly, the
chief petitioners of any state measure may file with the
Secretary of State a typewritten argument supporting the measure.
(3) An argument opposing any state measure shall be prepared as
follows:
(a) In the case of a measure for which one political committee
is organized exclusively to oppose the specific identified
measure, by that political committee;
(b) In the case of a measure for which more than one political
committee is organized exclusively to oppose the specific
identified measure, by three individuals selected by the
Secretary of State representing those political committees; or
(c) In the case of a measure for which no political committee
is organized exclusively to oppose the specific identified
measure, by selection of the Secretary of State after
solicitation of proposed arguments. The Secretary of State by
rule shall adopt a procedure for soliciting proposed arguments
and a deadline by which the arguments must be submitted. In
selecting the argument, the Secretary of State shall give
preference and priority in the following order to arguments
submitted by:
(A) Members of the Legislative Assembly, in the case of a
measure referred by the Legislative Assembly;
(B) Bona fide associations of citizens; and
(C) Individual electors. + }
{ - (1) - } { + (4) Except as provided by rule of the
Secretary of State under subsection (3) of this section, an
argument referred to in this section shall be typewritten and
shall be filed with the Secretary of State + } not later than the
{ - 70th - } { + ___ + } day before a general election or the
{ - 68th - } { + ___ + } day before a special election held on
the date of any primary election at which a { - statewide - }
{ + state + } measure is to be voted upon { - , any person may
file with the Secretary of State a typewritten argument
supporting or opposing the measure - } .
{ - (2) A person filing An argument under this section shall
pay a fee of $500 to the Secretary of State when the argument is
filed or may submit a petition in a form prescribed by the
Secretary of State containing the signatures of 2,500 electors
eligible to vote on the measure. Each person signing the petition
shall subscribe to a statement that the person has read and
agrees with the argument. The signatures on each petition shall
be certified by the county clerk in the manner provided in ORS
249.008. The petition shall be filed with the Secretary of
State. - }
{ + (5) The Secretary of State shall send a copy of the
argument supporting the measure to the authors of the argument
opposing the measure and a copy of the argument opposing the
measure to the authors of the argument supporting the measure not
later than two business days after the Secretary of State
receives the respective argument. The authors of the arguments
may prepare and file rebuttal arguments not later than the ___
day before a general election or the ___ day before a special
election held on the date of any primary election at which a
state measure is to be voted upon. Rebuttal arguments shall be
printed in the voters' pamphlet in the same manner as arguments
supporting or opposing the measure and shall appear following the
arguments supporting and opposing the measure. The Secretary of
State shall include in the voters' pamphlet, on the page of each
rebuttal argument, the name of the persons who submitted the
rebuttal argument, the name of the organization the persons
represent, if any, and the disclaimer described in ORS 251.265.
The Secretary of State may include the names of up to three
persons on the page of each printed rebuttal argument.
(6) A person filing an argument under this section shall
include with the argument:
(a) A concise summary not exceeding 50 words explaining the
argument; and
(b) The name, address and telephone number of one person whom
electors may contact for more information. + }
{ - (3) - } { + (7) + } The Secretary of State by rule
shall establish the size of arguments { + and rebuttal
arguments + } permitted under section 10 { + , chapter 811,
Oregon Laws 1993, + } { - of this Act - } and this section.
The size of an argument shall not exceed { - 30 - }
{ + 60 + } square inches or
{ - 325 - } { + 650 + } words. { + The size of a rebuttal
argument shall not exceed 30 square inches or 325 words. + } The
size { - shall be the same as for an argument submitted - }
{ + for arguments filed + } under section 10 { + , chapter 811,
Oregon Laws 1993, + } { - of this Act - } { + and this
section shall be the same + }.
{ + (8)(a) If no arguments are filed for a particular state
measure, no arguments supporting or opposing the measure shall be
printed in the voters' pamphlet.
(b) If no argument opposing the measure is filed but an
argument supporting the measure is filed, only the argument
supporting the measure shall be printed in the voters' pamphlet.
(c) If no argument supporting the measure is filed but an
argument opposing the measure is filed, only the argument
opposing the measure shall be printed in the voters' pamphlet.
(d) No rebuttal arguments to arguments printed under this
subsection shall be printed in the voters' pamphlet. + }
SECTION 10. Section 10, chapter 811, Oregon Laws 1993, is
amended to read:
{ + Sec. 10. + } For any measure referred to the electors by
the Legislative Assembly, an argument in support of the measure
may be printed in the voters' pamphlet. The Secretary of State by
rule shall establish the size and length of the argument
permitted under this section. { - The size shall be the same as
for an argument submitted under section 11 of this Act. - } A
joint committee consisting of one Senator, to be appointed by the
President of the Senate, and two Representatives, to be appointed
by the Speaker of the House of Representatives, shall be
appointed to prepare the argument. The committee shall file the
argument with the Secretary of State not later than the
{ - 70th - } { + ___ + } day before a general election or the
{ - 68th - } { + ___ + } day before a special election held on
the date of any primary election. There shall be no fee for
including an argument submitted under this section in the voters'
pamphlet.
SECTION 11. ORS 251.265 is amended to read:
251.265. { + (1) + } The Secretary of State shall include in
the voters' pamphlet on the page of { - the - } { + each + }
printed argument on a measure the name of the { - person - }
{ + persons + } who submitted the argument, the name of the
organization the { - person represents - } { + persons
represent + }, if any, whether the argument supports or opposes
the measure, and a disclaimer in substantially the following
form:
_________________________________________________________________
The printing of this argument does not constitute an endorsement
by the State of Oregon, nor does the state warrant the accuracy
or truth of any statement made in the argument.
_________________________________________________________________
{ + (2) Under subsection (1) of this section, the Secretary
of State may include the names of up to three persons on the page
of each printed argument. + }
SECTION 12. { + Nothing in section 3 of this Act or in the
amendments to sections 10 or 11, chapter 811, Oregon Laws 1993,
by sections 9 and 10 of this Act is intended to affect the
provisions of section 19, chapter 811, Oregon Laws 1993. + }
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