69th OREGON LEGISLATIVE ASSEMBLY--1997 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 1130
House Bill 2205
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State for the
Oregon Association of County Clerks)
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.
Provides for election of precinct committeepersons only if
positions are contested. Specifies that qualified persons filing
declarations of candidacy are declared elected if there is no
contest for office.
A BILL FOR AN ACT
Relating to precinct committeepersons; creating new provisions;
and amending ORS 248.015, 248.017, 248.023, 248.024, 248.026,
248.029, 248.033, 248.035, 248.043, 251.026, 253.055, 254.056,
254.115 and 254.145.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this Act is added to and made a
part of ORS chapter 248. + }
SECTION 2. { + (1) Notwithstanding any provision of ORS
chapter 248, in each precinct, precinct committeepersons shall
not be elected at the biennial primary election and the name of a
candidate for the office of precinct committeeperson shall not be
placed on the ballot at the biennial primary election unless the
number of candidates filing a declaration of candidacy described
in ORS 249.031 exceeds the number of positions of precinct
committeeperson in the precinct for which those candidates are
qualified.
(2) If the number of candidates filing a declaration of
candidacy described in ORS 249.031 exceeds the number of
positions of precinct committeeperson in the precinct for which
those candidates are qualified, the names of those candidates
only shall be placed on the ballot at the biennial primary
election. Notwithstanding any other provision of law, write-in
votes for the office of precinct committeeperson shall not be
counted at an election held pursuant to this subsection.
(3) If the number of candidates filing a declaration of
candidacy described in ORS 249.031 is less than or equal to the
number of positions of precinct committeeperson in the precinct
for which those candidates are qualified, the county clerk or
county official in charge of elections, not later than 10 days
after the deadline for filing a declaration of candidacy, shall
declare each qualified candidate elected.
(4) For purposes of law, a candidate declared elected under
this section shall be treated the same as a candidate elected at
the biennial primary election.
(5) A position of precinct committeeperson for which no
qualified candidate filed a declaration of candidacy shall be
considered vacant. + }
SECTION 3. ORS 248.015 is amended to read:
248.015. (1) A precinct committeeperson shall be a
representative of the major political party in the precinct.
{ - At the biennial primary election a major political party
shall elect from its members - } { + A major political party
shall have + } a committeeperson of each sex for every 500
electors, or major fraction thereof, who are registered in the
precinct on January 31 of the year of the biennial primary
election. In any event the political party members of a precinct
shall be entitled to elect not less than one committeeperson of
each sex in the precinct. No person shall hold office as
committeeperson in more than one precinct. { + Except as
provided in section 2 of this 1997 Act, a major political party
shall elect precinct committeepersons from its members at the
biennial primary election. + }
(2) A member of a major political party may become a candidate
for precinct committeeperson of the precinct in which the person
is registered, or of a precinct within the same county adjoining
that precinct, by filing a declaration of candidacy described in
ORS 249.031, except as provided in subsection (3) of this
section.
(3) ORS 249.031 (1)(i) shall not apply to declarations of
candidacy for candidates for precinct committeeperson.
{ - (4) A member of the major political party who has been a
member of that party for 180 days before the biennial primary
election may be elected by write-in votes as precinct
committeeperson of the precinct in which the member is
registered, or of a precinct within the same county adjoining
that precinct. - }
{ - (5) - } { + (4) + } { - Unless a qualified person
receives at least three votes, no person shall be deemed to have
been elected as precinct committeeperson and the office of
committeeperson shall be vacant - } { + The office of precinct
committeeperson shall be considered vacant if:
(a) No qualified candidate filed a declaration of candidacy
described under ORS 249.031; or
(b) At the biennial primary election, a qualified candidate
received less than three votes + }.
{ - (6) - } { + (5) + } The term of office of a precinct
committeeperson is from the 24th day after the date of the
biennial primary election until the 24th day after the date of
the next following biennial primary election.
{ - (7) - } { + (6) + } A precinct committeeperson shall
not be considered a public officer.
SECTION 4. ORS 248.023 is amended to read:
248.023. (1) Not later than the 20th day after a biennial
primary election, the county clerk shall mail a certificate of
election to each newly elected precinct committeeperson within
the county. { - The clerk also shall mail an 'Acceptance of
Office ' form to each person elected by write-in votes to the
office of committeeperson. The form shall include a statement to
be signed by the person elected that the person is qualified to
hold the office. - }
{ - (2) A person elected by write-in votes to the office of
precinct committeeperson shall be certified for the office by
filing with the county clerk, not later than the 27th day after
the date of the biennial primary election, a signed 'Acceptance
of Office' form. - }
{ - (3) - } { + (2) + } Not later than the 31st day after a
biennial primary election, the county clerk shall prepare,
maintain and furnish to the chairpersons of the respective
retiring county central committees within the county and the
chairpersons of the state central committees, a list of the party
precinct committeepersons elected and certified. At the same time
the county clerk shall declare the other offices of
committeeperson vacant.
{ + (3) As used in this section, 'elected' means elected at
the biennial primary election or declared elected under section 2
of this 1997 Act. + }
SECTION 5. ORS 248.024 is amended to read:
248.024. (1) A precinct committeeperson may resign from the
office by filing a written notification of resignation with the
county clerk. Upon receipt of this notification, the county clerk
shall:
(a) Remove the name of the person from the list of
committeepersons.
(b) Declare that office vacant.
(c) Notify the appropriate county central committee.
(2) When a precinct committeeperson ceases to be registered in
the precinct in which the committeeperson was elected or a
precinct adjoining that precinct within the same county, changes
political party registration or dies, the county central
committee shall notify the county clerk of the fact. Upon receipt
of this notification, if the county clerk determines that the
notification is correct, the clerk shall:
(a) Remove the name of the person from the list of
committeepersons.
(b) Declare that office vacant.
{ + (3) As used in this section, 'elected' means elected at
the biennial primary election or declared elected under section 2
of this 1997 Act. + }
SECTION 6. ORS 248.026 is amended to read:
248.026. (1) The members of a county central committee may
select a member of the major political party who is registered in
the precinct in which the vacancy exists, or registered in a
precinct within the same county adjoining that precinct, to fill
a vacancy in the office of precinct committeeperson.
(2) When a county central committee votes to select a person to
fill a vacancy in the office of precinct committeeperson, the
chairperson of the committee shall give written notice to the
county clerk of the proposed selection. The selection shall take
effect when the county clerk upon timely verification of
eligibility, places the name of the person selected on the list
of committeepersons. The county clerk shall then send written
notice of the selection to the person and the county central
committee.
(3) A person selected to fill a vacancy in the office of
precinct committeeperson may be removed from office at the
pleasure of the central committee, but, except as provided in
subsection (4) of this section, otherwise shall hold the office
for the unexpired term and shall have the powers, duties and
privileges of an elected committeeperson.
(4) A person selected to fill a vacancy in the office of
precinct committeeperson may not vote on the election of county
central committee officers at the organizational meeting of the
{ - newly elected - } { + new + } committee as provided in
ORS 248.035. A person selected to fill a vacancy in the office of
precinct committeeperson may vote to fill any vacancy in a
committee office after the organizational meeting.
{ + (5) As used in this section, 'elected' means elected at
the biennial primary election or declared elected under section 2
of this 1997 Act. + }
SECTION 7. ORS 248.029 is amended to read:
248.029. (1) Except as provided in this section, the provisions
for recall of a public officer under ORS 249.002 to 249.015 and
249.865 to 249.877, apply to a recall election of a precinct
committeeperson.
(2) A precinct committeeperson may be recalled by a petition
signed by the number of party members equal to not less than 25
percent of the number of party members who voted in the precinct
as it existed at the preceding biennial primary election. The
petitioners shall state in not more than 200 words on the recall
petition the reasons for the recall. If the committeeperson
resigns, the resignation shall take effect on the date of the
resignation. If the committeeperson does not resign before the
fifth day after the petition is filed with the county clerk, a
special election shall be ordered by the county clerk to be held
not later than the 25th day after the petition is filed to
determine whether the committeeperson will be recalled. The
recall election shall be held in the precinct as it existed when
the committeeperson was elected. On the ballot shall be printed
the reasons for the recall stated in the recall petition, and, in
not more than 200 words, the committeeperson's justification of
the committeeperson's actions in office. The committeeperson
shall continue to perform duties of the office until the result
of the special election is declared.
(3) The cost of the election shall be paid by the county
central committee of the party of the committeeperson.
{ + (4) As used in this section, 'elected' means elected at
the biennial primary election or declared elected under section 2
of this 1997 Act. + }
SECTION 8. ORS 248.033 is amended to read:
248.033. (1) The organizational meeting of a { - newly
elected - } { + new + } county central committee shall be held
not sooner than the sixth day following the mailing of the notice
of the organizational meeting required by subsection (2) of this
section and not later than the 50th day after the date of the
biennial primary election or the 50th day after the date of the
general election, as provided by state party rule. The retiring
county central committee shall prepare a written notice
designating the time, date and place of the meeting. A copy of
the notice for each newly elected precinct committeeperson shall
be filed with the county clerk not later than the 10th day
following the biennial primary election. The retiring county
central committee also shall mail a copy of the notice to the
retiring state central committee.
(2) The county clerk shall mail a copy of the notice of the
organizational meeting to each newly elected precinct
committeeperson when the county clerk mails the certificate of
election { - or acceptance of office - } required by ORS
248.023 (1).
(3) If the organizational meeting is held after the general
election, the chairperson of the retiring county central
committee shall mail a second copy of the notice of the time,
date and place of the meeting, not later than the 10th day before
the meeting, to each member of the { - newly elected - }
{ + new + } county central committee.
{ + (4) As used in this section, 'elected' means elected at
the biennial primary election or declared elected under section 2
of this 1997 Act. + }
SECTION 9. ORS 248.035 is amended to read:
248.035. (1) At the organizational meeting of the { - newly
elected - } { + new + } county central committee:
(a) The officers of the retiring county central committee shall
make available to the { - newly elected - } { + new + }
committee the property, records and funds owned or controlled by
the retiring committee.
(b) The { - newly elected - } { + new + } committee next
shall elect a chairperson, vice chairperson and other officers
the committee considers necessary. The persons elected to the
offices need not be members of the county central committee. The
committee shall determine the term of each office. Only a newly
elected precinct committeeperson may vote on the election of
committee officers.
(2) The newly elected chairperson, within 48 hours of the
chairperson's election, shall send a list of the newly elected
officers of the committee to the county clerk and to the retiring
state central committee.
(3) Only a newly elected precinct committeeperson or a person
appointed or selected to fill a vacancy in the office of
committeeperson may vote to fill a vacancy in a committee office.
Immediately before a meeting of the county central committee at
which there may be an election to fill a vacancy in a committee
office, the chairperson shall obtain from the county clerk a list
of committee members. The list shall determine the eligibility of
a committeeperson to vote to fill a vacancy in a committee
office.
{ + (4) As used in this section, 'elected' means elected at
the biennial primary election or declared elected under section 2
of this 1997 Act. + }
SECTION 10. ORS 248.043 is amended to read:
248.043. { + (1) + } If a { - newly elected - }
{ + new + } county central committee fails to meet or to
organize or if no person within a county is elected by a major
political party as a precinct committeeperson, the chairperson of
the retiring state central committee shall appoint a temporary
chairperson of the county central committee. The temporary
chairperson shall call an organizational meeting and organize the
committee as provided by applicable provisions of ORS 248.033 and
248.035. A temporary chairperson appointed when no precinct
committeeperson is elected may appoint members to fill the
vacancies in the office of committeeperson for the precinct in
which the persons are registered. A person so appointed may be
removed from office at the pleasure of the central committee, but
otherwise shall hold the office of committeeperson for the
unexpired term and shall have the powers, duties and privileges
of a committeeperson. When a person is appointed to the office of
committeeperson pursuant to this subsection, the temporary
chairperson shall notify, in writing, the county clerk of the
appointment. The county clerk shall place the name of the person
appointed on the list of committeepersons.
{ + (2) As used in this section, 'elected' means elected at
the biennial primary election or declared elected under section 2
of this 1997 Act. + }
SECTION 11. ORS 251.026 is amended to read:
251.026. (1) The Secretary of State shall prepare and have
printed in the state biennial primary election and general
election 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 biennial primary election,
a statement of the duties and responsibilities of a precinct
committeeperson { - to be elected at the biennial primary
election - } { + including a statement describing how precinct
committeepersons are elected under section 2 of this 1997
Act + }.
(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 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.
SECTION 12. ORS 253.055 is amended to read:
253.055. (1) Absentee ballots may be the regular ballots used
at the election or special ballots and, except as provided in
subsections (2) and (3) of this section, shall be in
substantially the same form as the regular ballots used at the
election.
(2) In counties in which voting machines are used, paper
ballots may be used as absentee ballots.
(3) Ballot stubs are not required on absentee ballots.
(4) The ballot delivered to each absent elector shall contain
the names and other information concerning all candidates and the
information concerning all measures for which the absent elector
is entitled to vote. { - In lieu of the names and other
information concerning candidates for precinct committeeperson,
blank spaces shall be provided on the ballot, in which the absent
elector may write the name of a candidate for that office. - }
SECTION 13. ORS 254.056 is amended to read:
254.056. (1) The general election shall be held on the first
Tuesday after the first Monday in November of each even-numbered
year. At the general election officers of the state and
subdivisions of the state, members of Congress and electors of
President and Vice President of the United States as are to be
elected in that year shall be elected.
(2) The biennial primary election shall be held on the third
Tuesday in May of each even-numbered year. At the
{ + biennial + } primary election precinct committeepersons
shall be elected { + as provided in section 2 of this 1997
Act + } and major political party candidates other than
candidates for President of the United States shall be nominated
for offices to be filled at the general election held in that
year.
(3) The presidential preference primary election shall be held
on the second Tuesday in March of each year in which electors of
the President and Vice President of the United States are to be
elected. At the presidential preference primary election,
electors may vote for candidates for nomination for President of
the United States.
SECTION 14. ORS 254.115 is amended to read:
254.115. (1) The official biennial primary election ballot or
ballot label shall be styled 'Official Biennial Primary
Nominating Ballot for the __ Party.' and shall state:
(a) The number or name of the precinct and county for which it
is intended.
(b) The date of the biennial primary election.
(c) The names of all candidates for nomination at the biennial
primary election whose nominating petitions or declarations of
candidacy have been made and filed, and who have not died,
withdrawn or become disqualified.
(d) { + Subject to section 2 of this 1997 Act, + } the names
of candidates for election as precinct committeeperson.
(2) The biennial primary election ballot may include any city,
county or nonpartisan office or the number, ballot title and
financial estimates under ORS 250.125 of any measure.
(3) The ballot shall not contain the name of any person other
than those referred to in subsections (1) and (2) of this
section. The name of each candidate for whom a nominating
petition or declaration of candidacy has been filed shall be
printed on the ballot in but one place. In the event that two or
more candidates for the same nomination or office have the same
or similar surnames, the location of their places of residence
shall be printed opposite their names to distinguish one from
another.
SECTION 15. ORS 254.145 is amended to read:
254.145. (1) The names of candidates for nomination for or
election to each office shall be arranged on the ballot or ballot
label in the order determined under ORS 254.155. The names of
candidates for the offices of President and Vice President of the
United States, however, shall be arranged in groups. Except as
provided in ORS 254.125, 254.135 and this section, no information
about the candidate, including any title or designation, other
than the candidate's name, shall appear on the ballot. In a
precinct in which voting machines are used, spaces shall be
provided, either on the ballot or on separate material delivered
to the elector with the ballot, in which the elector may write
the names of persons for any offices appearing on the ballot
label. In other precincts, at the end of the list of candidates
for each office shall be a blank space in which the elector may
write the name of any person not printed on the ballot.
{ + Notwithstanding any provision of this subsection, where
write-in votes for candidates for an office are prohibited by
law, a ballot shall not contain space for electors to write the
names of persons for that office. + } On the left margin of the
ballot or ballot label the name of each group or candidate may be
numbered. The blank spaces shall not be numbered. A particular
number shall not be used to designate more than one candidate at
any election.
(2) The names of all candidates for the same office shall be
listed in the same column on the ballot or ballot label. If more
than one column is needed to list names of all candidates for
that office, the names may be arranged in one or more columns in
block form. The block shall be set apart by rulings under the
title of the office. If a blank space follows the list of
candidates, the space shall be in the same column as the names of
candidates for that office. If blocks of columns are used, blank
spaces shall be included within the ruled block.
(3) In precincts using voting machines, the ballot label shall
be clearly marked to indicate when names of candidates for the
office are continued on the following page.
(4) When a measure is submitted to the people, the number,
ballot title and financial estimates under ORS 250.125 of each
measure shall be printed after the list of candidates. A measure
referred by the Legislative Assembly shall be designated '
Referred to the People by the Legislative Assembly.' A state
measure referred by petition shall be designated 'Referendum
Order by Petition of the People.' A state measure proposed by
initiative petition shall be designated 'Proposed by Initiative
Petition. '
(5) Each official ballot shall have a removable stub. The stub
on the ballots for a precinct shall be numbered consecutively.
(6) The ballot shall be printed to give the elector a clear
opportunity to designate the elector's choice for candidates and
approval or rejection of measures submitted. In precincts not
using voting machines the elector shall indicate a preference by
making a cross or check mark inside a voting square corresponding
to the candidate or answer for which the elector wishes to vote.
A voting square may be printed on the blank, write-in vote
spaces. However, the elector is not required to place a mark in
the voting square corresponding to a name written in a blank
space. On the ballot or ballot label shall be printed words to
aid the elector, such as 'Vote for one,' 'Vote for three,' and
regarding measures, 'Yes' and 'No. '
SECTION 16. ORS 248.017 is amended to read:
248.017. Notwithstanding any provision of ORS 248.015, an
otherwise qualified person who will attain the age of 18 years
after the deadline for filing a declaration of candidacy for the
office of precinct committeeperson and on or before the date of
the biennial primary election, and who is registered as a member
of the major political party not later than the date of the
biennial primary election, is eligible to file a nominating
petition for the office of precinct committeeperson, to be listed
on the ballot and to be elected to the office { - , including by
write-in votes - } { + or declared elected under section 2 of
this 1997 Act + }.
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