Chapter 251 — Voters’ Pamphlet

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2001 EDITION

STATE VOTERS’ PAMPHLET GENERALLY

251.005 Definitions. As used in this chapter:

(1) "Candidate" means an individual whose name is or is expected to be printed on the official ballot.

(2) "City office" means the office of mayor, city auditor, city councilman or municipal judge of a city having a population of 50,000 or more according to the most recent determination made under ORS 190.510 to 190.610.

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

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

(5) "Measure" includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.

(b) An Act or part of an Act of the Legislative Assembly.

(d) Local, special or municipal legislation.

(e) A proposition or question. [1979 c.190 §172; 1981 c.173 §28; 1983 c.123 §1; 1983 c.392 §4; 1987 c.432 §1]

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

251.010 [Repealed by 1957 c.217 §9]

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

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

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

251.020 [Repealed by 1957 c.217 §9]

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

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

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

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

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

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

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

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

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

(3) The Secretary of State may include in the voters’ pamphlet the 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 and the right of an elector to seek assistance in marking the ballot. [Formerly 255.025; 1987 c.267 §24; 1991 c.719 §§23,24; 1993 c.713 §28; 1993 c.797 §21a; 1995 c.712 §35; 1999 c.318 §9; 1999 c.410 §25]

251.030 [Repealed by 1957 c.217 §9]

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

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

251.040 [Repealed by 1957 c.217 §9]

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

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

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

251.049 Names of persons or organizations excluded from arguments and statements; exceptions; prohibitions. (1) Except as provided in subsection (2) of this section, the Secretary of State shall not print the name of any person or organization in any argument supporting or opposing any measure or any statement of any candidate, political party or assembly of electors filed for inclusion in the voters’ pamphlet, if the name of the person or organization is cited as supporting or indorsing the argument or statement.

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

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

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

(3) A person may not:

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

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

251.050 [Repealed by 1957 c.217 §9]

251.055 Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded. (1) The Secretary of State shall reject any statement, argument or other matter offered for filing and printing in a voters’ pamphlet which:

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

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

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

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

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

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

251.060 [1957 c.217 §5; 1979 c.190 §318; renumbered 258.046]

251.065 Filing portrait and statement by or for candidate; format of statement. (1) Not later than the 68th day before the primary election, any candidate or agent on behalf of the candidate for nomination or election at the primary election to the office of President or Vice President of the United States, 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 printed or typewritten statement of the reasons the candidate should be nominated or elected. A candidate or agent on behalf of the candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under ORS 251.067.

(2) Not later than the 70th day before the general election, any candidate or agent on behalf of the candidate for election at the general election to the office of President or Vice President of the United States, 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 printed or typewritten statement of the reasons the candidate should be elected. A candidate or agent on behalf of the candidate for election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under ORS 251.067.

(3) In the case of a special election to fill a vacancy as described in ORS 251.022, the Secretary of State by rule shall set the deadline for filing with the secretary a portrait of the candidate and a printed or typewritten statement of the reasons the candidate should be nominated or elected.

(4) Subject to subsections (1) to (3) of this section, the Secretary of State by rule shall establish the format of the statements permitted under this section.

(5) 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 ORS 251.087. [Formerly 255.031; 1981 c.375 §1; 1983 c.567 §13; 1985 c.808 §30; 1987 c.267 §25; 1989 c.503 §9; 1993 c.493 §§92,93; 1995 c.550 §6; 1995 c.712 §36; 1999 c.318 §10; 1999 c.999 §40]

251.067 Inclusion of portrait and statement of candidate for county, city or metropolitan service district office; inclusion of county measure or metropolitan service district measure. (1) A candidate or agent on behalf of the candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait or statement for inclusion in the state voters’ pamphlet under ORS 251.065 if a county voters’ pamphlet described in ORS 251.305 to 251.435 is not prepared for the election in each county in which the electoral district of the candidate is located.

(2) A county measure or a measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, shall be included in the state voters’ pamphlet as provided in ORS 251.285, if a county voters’ pamphlet described in ORS 251.305 to 251.435 is not prepared:

(a) For the election on the county measure; or

(b) In each county in which the metropolitan service district is located, for the election on the metropolitan service district measure.

(3) If a county voters’ pamphlet described in ORS 251.305 to 251.435 is prepared for an election at which a candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, is listed on the ballot, or at which a county measure or a measure of a metropolitan service district organized under ORS chapter 268 is listed on the ballot, the county voters’ pamphlet shall include the county or city office, the office of the metropolitan service district or the county measure or measure of the metropolitan service district. Such offices and measures shall not be included in any state voters’ pamphlet prepared for the election and distributed in the county for which the county voters’ pamphlet is prepared.

(4) If a city or metropolitan service district organized under ORS chapter 268 is located in more than one county, and a county in which the city or metropolitan service district is located does not prepare a county voters’ pamphlet described in ORS 251.305 to 251.435 for the election, candidates for nomination or election to any city office or an elected office of the metropolitan service district, and any measure of the metropolitan service district, shall be included in the state voters’ pamphlet to be distributed to the county that does not prepare a county voters’ pamphlet. The Secretary of State shall designate the candidates and measures that may be included in the state voters’ pamphlet under this subsection. [1999 c.318 §8]

251.069 Map of metropolitan service district to be printed in certain pamphlets. The Secretary of State shall include in each voters’ pamphlet, in which material of a candidate for nomination or election to an office of a metropolitan service district organized under ORS chapter 268 is printed as provided in ORS 251.065, 251.067 and 251.285, a map of the service district which illustrates the boundaries of each subdistrict. The map shall be printed immediately preceding the material of the candidates for an office of the district. [Formerly 251.036]

251.070 [1957 c.217 §6; 1979 c.190 §319; renumbered 258.055]

251.075 Portrait requirements. (1) A candidate shall not submit for inclusion in the voters’ pamphlet a portrait that was taken more than two years before the date the portrait is filed with the Secretary of State.

(2) A portrait submitted for inclusion in the voters’ pamphlet shall:

(a) Be a conventional photograph with a plain background;

(b) Show the face or the head, neck and shoulders of the candidate; and

(3) A portrait submitted for inclusion in the voters’ pamphlet shall not:

(a) Include the hands or anything held in the hands of the candidate;

(b) Show the candidate wearing a judicial robe, a hat or a military, police or fraternal uniform; and

(4) The Secretary of State by rule shall prescribe the size and manner of placement of the portrait printed in the voters’ pamphlet, except that the size of a portrait shall not be smaller than 1.5 inches by 1.75 inches. The rule shall apply in the same manner to all candidates for the same nomination or office. [1979 c.190 §178; 1979 c.533 §2; 1985 c.808 §30a; 1987 c.707 §11; 1999 c.318 §11]

251.080 [1957 c.217 §7; 1969 c.617 §1; repealed by 1979 c.190 §431]

251.085 Format of candidate’s statement. The candidate’s statement shall begin with a summary of the following: Occupation, educational and occupational background, and prior governmental experience. [Formerly 255.027]

251.087 Secretary of State review of candidate portrait and statement; procedure if portrait or statement must be revised. (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. [1995 c.550 §2]

251.090 [1957 c.217 §8; 1973 c.197 §4; 1979 c.190 §322; renumbered 258.085]

251.095 Fees for candidate space in voters’ pamphlet; use of space. (1) At the time materials are filed under ORS 251.065, each candidate for nomination or election to any of the following offices shall pay to the Secretary of State the following fee for space in the voters’ pamphlet:

(a) President or Vice President of the United States, United States Senator, Representative in Congress or any state office to be voted for in the state at large, $1,000.

(b) State Senator, state Representative or any other office, $300.

(2) The space allotted to each candidate shall be used for materials filed under ORS 251.065, including the portrait and statement of reasons the candidate should be nominated or elected and the information required under ORS 251.085. If a portrait is not filed, the statement may cover the entire allotted space. The length of the statement shall not exceed 325 words. All materials submitted by a candidate under ORS 251.065 shall fit within 30 square inches of space. All candidates shall be allowed the same amount of space. [Formerly 255.051; 1981 c.375 §2; 1983 c.567 §14; 1985 c.808 §30b; 1987 c.707 §12; 1999 c.318 §12]

251.110 [Repealed by 1957 c.217 §9]

251.115 Statement of statewide and less than statewide political party or assembly; size; fees. (1) Not later than the 70th day before the general election, the party officers as designated in the organizational documents of any statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a printed or typewritten statement of arguments for the success of its principles and election of its candidates on a statewide basis and opposing the principles and candidates of other political parties or organizations on a statewide basis.

(2) Not later than the 70th day before the general election, the party officers as designated in the organizational documents of any less than statewide political party or assembly of electors having nominated candidates may file with the Secretary of State a typewritten statement of arguments for the success of its principles and election of its candidates on a county basis and opposing the principles and candidates of other political parties or organizations on a county basis.

(3) The size of the statements permitted under this section shall not exceed 60 square inches for any statewide political party or assembly of electors having nominated candidates and 30 square inches for any less than statewide political party or assembly of electors having nominated candidates. The fee for a statement filed under this section shall be $600 for any statewide political party or assembly of electors having nominated candidates and $300 for any less than statewide political party or assembly of electors having nominated candidates. [Formerly 255.211; 1987 c.707 §13; 1989 c.503 §10; 1993 c.797 §22; 1999 c.318 §13]

251.120 [Repealed by 1957 c.217 §9]

251.125 Identification of portrait or statement. On each allotted space of the voters’ pamphlet containing a portrait or statement filed by a candidate, political party or assembly of electors, the Secretary of State shall indicate who furnished the portrait or statement. [1979 c.190 §182]

251.130 [Repealed by 1957 c.217 §9]

251.135 Refund of filing fee. Not later than the last day for filing material for inclusion in a voters’ pamphlet, the person who paid the filing fee may receive a refund from the Secretary of State. When a refund is made, the material for which the fee was paid shall not be included in the pamphlet. [1979 c.190 §183]

251.140 [Repealed by 1957 c.217 §9]

251.145 Exemption from public records law. Notwithstanding ORS 192.410 to 192.505 relating to public records, materials filed by a political party, assembly of electors or candidate for inclusion in a voters’ pamphlet and arguments supporting or opposing a measure filed by any person for inclusion in a voters’ pamphlet are exempt from public inspection until the fourth business day after the final date for filing the materials. [1979 c.190 §184; 1991 c.719 §48; 1993 c.493 §18]

251.150 [Repealed by 1957 c.217 §9]

251.155 Statements and arguments inadmissible in action to enjoin publication of pamphlet. Material submitted for inclusion in any voters’ pamphlet shall not be admitted as evidence in any suit or action against the Secretary of State to restrain or enjoin the publication of the voters’ pamphlet. [Formerly 255.018]

251.160 [Repealed by 1957 c.217 §9]

251.165 Preparing material for inclusion in state voters’ pamphlet. (1) The Secretary of State shall prepare:

(a) A list of the names of candidates for nomination or election at the primary election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under ORS 251.067, or a list of names of candidates for election at the general election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under ORS 251.067, along with a designation of the offices for which the candidates are competing;

(b) All portraits and statements filed under ORS 251.065 and 251.115; and

(c) The information specified in ORS 251.185 relating to measures to be voted upon at the election for which the pamphlet is prepared.

(2) For a special election described in ORS 251.022, the Secretary of State shall prepare a list of the names of candidates for nomination or election to the offices of United States Senator or Representative in Congress along with all portraits and statements filed for the special election under ORS 251.065.

(3) The items specified in subsections (1) and (2) of this section shall be properly compiled, edited, prepared and indexed for printing by the Secretary of State before delivery to the printer. [Formerly 255.061; 1987 c.267 §28; 1987 c.707 §14; 1991 c.719 §§25,26; 1995 c.712 §38; 1999 c.318 §14; 1999 c.999 §41]

251.175 Distribution of pamphlet; rules for nonstatewide special elections. (1) Except as provided in subsection (2) of this section, not later than the 20th day before a primary election, general election or special election for which a voters’ pamphlet has been prepared, the Secretary of State shall cause the voters’ pamphlet to be mailed to each post-office mailing address in Oregon, and shall use any additional means of distribution necessary to make the pamphlet available to electors.

(2) For any special election described in ORS 251.022 that is not held statewide, or for any other state special election that is not held statewide, the Secretary of State by rule may prescribe methods for distributing the voters’ pamphlet prepared for the election. The rule shall require the secretary to mail the pamphlet to at least each elector whose registration is determined to be active on the 21st day before the date of the election and who is eligible to vote in the election. The rule may specify other methods of distribution. If the special election is conducted by mail, voters’ pamphlets prepared for the election shall be mailed not later than the date ballots are mailed to electors as provided in ORS 254.470. [1979 c.190 §187; 1987 c.267 §29; 1995 c.712 §40; 1999 c.318 §15; 1999 c.1002 §8]

STATE INITIATIVE AND REFERENDUM PAMPHLET

251.185 Measures, statements and arguments included in voters’ pamphlet; county and metropolitan service district measures. (1) The Secretary of State shall have printed in the voters’ pamphlet for a general election or any special election a copy of the title and text of each state measure to be submitted to the people at the election for which the pamphlet was prepared. Each measure shall be printed in the pamphlet with the number, ballot title and the financial estimates under ORS 250.125, if any, to be printed on the official ballot, and with the explanatory statement and arguments relating to it.

(2) A county measure or measure of a metropolitan service district organized under ORS chapter 268, and ballot title, explanatory statement and arguments relating to the measure, filed by the county or metropolitan service district under ORS 251.285 shall be included in the voters’ pamphlet described in subsection (1) of this section if required under ORS 251.067. [Formerly 255.410; 1991 c.719 §10; 1991 c.971 §7; 1993 c.493 §19; 1999 c.318 §16]

251.195 Form for printing proposed constitutional amendment. The text of a proposed amendment to the Oregon Constitution shall be printed in the voters’ pamphlet to indicate by the use of brackets and italic type the words that would be deleted from, and by boldfaced type the words that would be added to, the existing provision. [Formerly 255.440; 1989 c.503 §11]

251.205 Appointment of committee to draft explanatory statement of measure proposed by initiative or referendum. (1) 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 of Representatives, who shall appoint a Representative.

(2) For each state measure to be submitted to the people at a special election held on the date of a primary election or any general election, a committee of five citizens shall be selected to prepare the explanatory statement under ORS 251.215.

(3) Not later than the 120th day before the election, the proponents of the measure shall appoint two members to the committee and notify the Secretary of State in writing of the selections. If the proponents do not appoint two members, the Secretary of State shall appoint two members of the committee from among supporters, if any, of the measure not later than the 118th day before the election.

(4) Not later than the 118th day before the election, the Secretary of State shall appoint two members of the committee from among the opponents, if any, of the measure.

(5) The four appointed members of the committee shall select the fifth member and notify the Secretary of State in writing of the selection. If the four members have not selected the fifth member by the 111th day before the election, the fifth member shall be appointed by the Secretary of State not later than the 109th day before the election.

(6) A vacancy shall be filled not later than two business days after the vacancy occurs by the person who made the original appointment. Unless the Secretary of State fills a vacancy, the person filling the vacancy shall notify the Secretary of State in writing of the selection.

(7) With respect to a measure referred by the Legislative Assembly, a Senator or Representative appointed under subsection (2) 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.

(8) The Legislative Administration Committee shall provide any administrative staff assistance required by the explanatory statement committee to facilitate the work of the explanatory statement committee under this section or ORS 251.215.

(9) For purposes of this section, "measure" includes an initiative petition relating to a state measure that has been filed with the Secretary of State for the purpose of verifying signatures under ORS 250.105. The requirements of this section shall not apply to the petition if the secretary determines that the petition contains less than the required number of signatures of electors. [Formerly 254.210; 1987 c.707 §15; 1995 c.607 §§31,31a; 1999 c.844 §2; 2001 c.965 §9]

251.215 Preparation and filing of explanatory statement of measure. (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, an impartial, simple and understandable statement explaining the measure. The statement shall not exceed 500 words.

(2) Not 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. 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 with the Secretary of State not later than the 90th day before the election.

(4) The original statement and any revised statement must be approved by at least three members of the committee. If a member does not concur, the statement shall show only that the member dissents.

(5) For purposes of this section, "measure" includes an initiative petition relating to a state measure that has been filed with the Secretary of State for the purpose of verifying signatures under ORS 250.105. The requirements of this section shall not apply to the petition if the secretary determines that the petition contains less than the required number of signatures of electors. [Formerly 254.222; 1991 c.719 §49; 1993 c.493 §20; 1993 c.811 §14; 1995 c.712 §42; 2001 c.965 §10]

251.225 Preparation and filing of explanatory statement by Legislative Counsel Committee; when explanatory statement of committee used. (1) The Legislative Counsel Committee shall prepare an impartial, simple and understandable statement of not more than 500 words explaining each state measure. The statement shall be filed with the Secretary of State not later than the last day for filing a statement prepared under ORS 251.215.

(2) If an explanatory statement is not filed by a committee under ORS 251.215, the statement of the Legislative Counsel Committee shall be the explanatory statement of the measure, and shall be subject to the provisions of ORS 251.215. [Formerly 254.225; 1993 c.493 §21; 1993 c.811 §15]

251.230 Effect if explanatory statement not filed. If an explanatory statement 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. [1991 c.971 §6]

251.235 Supreme Court review of explanatory statement; service requirements. (1) Any person dissatisfied with an explanatory statement 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 and stating the reasons the statement filed with the court is insufficient or unclear. If the petition is filed and served as required in subsection (2) of this section not later than the fifth day after the deadline for filing a revised statement with the Secretary of State, the court shall review the statement and certify an explanatory statement to the Secretary of State. Failure to file and serve the petition within the time prescribed in this subsection precludes Supreme Court review and certification of an explanatory statement. If the court considers the petition, the court may allow oral argument. The review by the Supreme Court shall be conducted expeditiously to ensure the orderly and timely conduct of the election at which the measure is to be submitted to the electors. The statement certified by the court shall be the explanatory statement printed in the voters’ pamphlet.

(2) At the time a person petitions the Supreme Court under subsection (1) of this section, the person also shall serve a copy of the petition on:

(a) The Attorney General;

(b) The members of the explanatory statement committee, if the committee filed a statement under ORS 251.215;

(d) The Legislative Counsel, if the measure was referred by the Legislative Assembly or if the explanatory statement prepared by the Legislative Counsel Committee is the explanatory statement for the measure under ORS 251.225. [Formerly 254.230; 2001 c.18 §1]

251.245 Committee to prepare and file argument in support of measure referred by legislature. (1) For any measure referred to the electors by the Legislative Assembly, an argument prepared by the Legislative Assembly in support of the measure may be printed in the voters’ pamphlet. The size and length of an argument under this section shall be determined as specified in ORS 251.255.

(2) 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. [Formerly 255.465; 1987 c.267 §33; 1995 c.712 §43; 1999 c.318 §17]

251.255 Filing arguments for or against measure; fee or petition; size of argument space. (1) 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 measure is to be voted upon, any person may file with the Secretary of State a printed or 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 1,000 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.

(3) The Secretary of State by rule shall establish the size and length of arguments permitted under ORS 251.245 and this section. The size and length of an argument shall not exceed 30 square inches or 325 words. The size and length limitations shall be the same for arguments submitted under ORS 251.245 or this section. [Formerly 255.415; 1989 c.646 §1; 1995 c.712 §45; 1999 c.318 §18]

251.265 Author of argument, author’s organization and disclaimer to be included in voters’ pamphlet. The Secretary of State shall include in the voters’ pamphlet on the page of the printed argument on a measure the name of the person who submitted the argument, the name of the organization the person represents, 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.

______________________________________________________________________________

[Formerly 255.435]

251.275 [Formerly 255.418; repealed by 1993 c.811 §20]

251.285 Inclusion of county measure or metropolitan service district measure in voters’ pamphlet. (1) If any county measure or any measure of a metropolitan service district organized under ORS chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, are to be included by the Secretary of State in the state voters’ pamphlet as provided in ORS 251.067, the requirements of this section shall be satisfied.

(2) The county or district measure, ballot title, explanatory statement and arguments shall not be printed in the voters’ pamphlet unless:

(a) The ballot title is a concise and impartial statement of the purpose of the measure;

(b) The explanatory statement is an impartial, simple and understandable statement explaining the measure and its effect;

(c) The county or metropolitan service district adopts and complies with an ordinance that provides a review procedure for a ballot title or explanatory statement which is contested because it does not comply with the requirements of paragraph (a) or (b) of this subsection;

(d) The county or metropolitan service district adopts and complies with an ordinance that provides for acceptance of typewritten arguments relating to the measure to be printed on 30 square inches of the voters’ pamphlet; and

(e) The county or metropolitan service district does not require of a person filing an argument a payment of more than $300, or a petition containing more than a number of signatures equal to 1,000 electors eligible to vote on the measure or 10 percent of the total of such electors, whichever is less.

(3) Any judicial review of a determination made under the review procedures adopted under subsection (2)(c) of this section shall be first and finally in the circuit court of the judicial district in which the county is located or, for a district measure, in the circuit court of the judicial district in which the administrative office of the metropolitan service district is located.

(4) If the county or metropolitan service district has adopted and complied with ordinances prescribed in subsection (2) of this section, the decision to include the county or district measure, ballot title, explanatory statement and arguments in the voters’ pamphlet shall be made by:

(a) The county governing body with regard to any county measure or the council of the metropolitan service district with regard to any district measure;

(b) The chief petitioners of the initiative or referendum with regard to a county or district measure initiated or referred by the people. The chief petitioners shall indicate their decision in a statement signed by all of the chief petitioners and filed with the county clerk or, for a district measure, with the executive officer of the metropolitan service district; or

(c) A political committee, as defined in ORS 260.005, that opposes the county or district measure. The committee shall indicate its decision in a statement signed by every committee director, as defined in ORS 260.005, and filed with the county clerk or, for a district measure, with the executive officer of the metropolitan service district.

(5) The county or metropolitan service district shall file the measure, ballot title, explanatory statement and arguments with the Secretary of State not later than the 70th day before the general election or the 68th day before a special election held on the date of any primary election. The county or district shall pay to the Secretary of State the cost of including the county or district material in the pamphlet as determined by the secretary. The Secretary of State shall not have this material printed in the pamphlet unless:

(a) The time for filing a petition for judicial review of a determination made under subsection (2)(c) of this section has passed; and

(b) The measure, title, statement and arguments properly filed with the county or metropolitan service district, are delivered to the secretary. [Formerly 255.455; 1981 c.173 §29; 1989 c.250 §1; 1991 c.15 §3; 1991 c.719 §11; 1995 c.712 §47; 1999 c.318 §53; 2001 c.965 §11]

251.295 Radio and television broadcasts to supplement pamphlet. The Secretary of State, pursuant to ORS 193.310 to 193.360, may supplement the special or general election voters’ pamphlet by causing to have broadcast by radio or television, material specified in this section at times the secretary determines suitable during the four weeks immediately preceding the election at which state measures are to be submitted to the people. The material provided by broadcast shall include only the following:

(1) The ballot title or popular name of each state measure.

(2) The number and form in which the ballot title of the state measures will be printed on the official ballot.

(3) A summary of the explanatory statements filed relating to each state measure. [Formerly 255.510]

COUNTY VOTERS’ PAMPHLET

251.305 County voters’ pamphlet. The county clerk of any county may prepare, print and distribute a county voters’ pamphlet for any election. [1989 c.1031 §2; 1991 c.48 §1]

251.310 [Repealed by 1957 c.217 §9]

251.315 Information required to be included in voters’ pamphlet; deadline for distribution. (1) If a county produces a county voters’ pamphlet, the county voters’ pamphlet shall include, when applicable, at least the following information:

(a) If the election is conducted at polling places under ORS chapter 254, a sample ballot containing the names of candidates for all offices appearing on the ballot, and the ballot titles of all measures appearing on the ballot in the county.

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

(d) Elector instructions, including the right of an elector to request a second ballot if the first ballot is spoiled and the right of an elector to seek assistance in marking the ballot.

(e) The hours and locations of sites designated under ORS 254.470 (2) for deposit of official ballots.

(f) Any portraits and statements relating to candidates submitted in accordance with the provisions of ORS 251.305 to 251.435.

(g) Any ballot titles, explanatory statements and arguments submitted in accordance with the provisions of ORS 251.305 to 251.435.

(h) If the election is to be at the polls, a listing of the polling places.

(i) Such other information as the county clerk considers to be appropriate or necessary to inform the voters.

(2) The county clerk shall mail or otherwise distribute the county voters’ pamphlet not later than the seventh day before the election or the last day for mailing ballots if the election is conducted by mail. [1989 c.1031 §3; 1993 c.713 §29; 1993 c.811 §16; 1999 c.410 §26]

251.320 [Repealed by 1957 c.217 §9]

251.325 Schedule and procedures for producing and distributing pamphlet; fees. (1) The Secretary of State by rule shall adopt a schedule and procedures for preparing, printing and distributing county voters’ pamphlets. The schedule and procedures shall include but not be limited to deadlines for filing material for the voters’ pamphlet, and except as otherwise provided by law, the format of material to be submitted and the size and other requirements applicable to candidate portraits.

(2) The Secretary of State by rule shall adopt a schedule of fees to be charged by the county clerks for including portraits of candidates, statements and arguments in the voters’ pamphlet. The fees need not reflect the actual cost of producing the voters’ pamphlet. The county clerk shall refund the filing fee to any person who applies for the refund not later than the last day for filing material for inclusion in the voters’ pamphlet. When a refund is made, the material for which the fee was paid shall not be included in the pamphlet. [1989 c.1031 §4]

251.330 [Repealed by 1957 c.217 §9]

251.335 Filing portrait and statement by or for candidate. (1) Not later than the date specified by the Secretary of State, any candidate for election to county, city or special district office within the county, or an agent of the candidate, may file with the county clerk of a county that prepares a county voters’ pamphlet a portrait of the candidate and a typewritten statement of the reasons the candidate should be elected. The portrait and statement must comply with the applicable rules of the Secretary of State. The county clerk shall not accept the filing of a statement or portrait of any candidate unless the filing is accompanied by the appropriate fee as prescribed by the Secretary of State.

(2) As used in this section, "district" has the meaning given that term in ORS 255.012. [1989 c.1031 §5]

251.340 [Repealed by 1957 c.217 §9]

251.345 Explanatory statement. Not later than the date specified by the Secretary of State, in a county that prepares a county voters’ pamphlet, the governing body for any electoral district that has referred a measure to the voters shall submit an impartial, simple and understandable statement explaining the measure and its effect. [1989 c.1031 §6; 1991 c.48 §2]

251.350 [Repealed by 1957 c.217 §9]

251.355 Filing arguments for or against measure. (1) Not later than the date specified by the Secretary of State by rule, in a county that prepares a county voters’ pamphlet, any person may file with the county clerk a typewritten argument supporting or opposing any measure to be submitted to the voters on the ballot. The county clerk shall not accept any arguments which are not accompanied by the fee established by the Secretary of State or a petition in a form prescribed by the Secretary of State. A petition shall contain the signatures of at least four percent of the electors in the county eligible to vote on the measure to which the argument refers, or the signatures of 1,000 electors in the county eligible to vote on the measure to which the argument refers, whichever is less. The number of registered electors in an electoral district, for the purposes of this section, shall be calculated on January 1 of each year. 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 county clerk.

(2) The county clerk shall include in the county voters’ pamphlet, on the page of the printed argument, the name of the person who submitted the argument, the name of the organization the person represents, if any, whether the argument supports or opposes the measure and a disclaimer that the argument does not constitute an indorsement by the county and that the county does not warrant the accuracy or truth of any statement made in the argument. [1989 c.1031 §7]

251.358 Omission from voters’ pamphlet of ballot titles, explanatory statements and arguments for certain measures. Notwithstanding ORS 251.315, 251.345 or 251.355, in the case of a measure submitted under ORS 254.095 (3), 254.103 (2) or 255.085 (2) and at the discretion of the county clerk, the ballot title, explanatory statement and all arguments supporting or opposing the measure may be omitted from a county voters’ pamphlet. [1995 c.607 §33]

Note: 251.358 was added to and made a part of 251.305 to 251.435 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

251.360 [Repealed by 1957 c.217 §9]

251.365 Cost of pamphlet preparation; allocation of revenue. (1) Any county clerk preparing, printing and distributing a county voters’ pamphlet may apportion the cost of preparing, printing and distributing the county voters’ pamphlet as a cost of the election according to the formula established by the Secretary of State for the allocation of election costs. The apportioned election costs shall be reduced for each electoral district by the amount of any revenue received by the county clerk from the submission of candidate portraits, statements and arguments for that electoral district.

(2) Any revenue collected by the county clerk from the submission of candidate portraits, statements or arguments for any electoral district which may exceed the apportioned cost of the election for that electoral district shall be applied to reduce the shared costs of the election for all remaining electoral districts. [1989 c.1031 §8]

251.370 [Repealed by 1957 c.217 §9]

251.375 Exception to ORS 251.365 for certain districts. ORS 251.365 does not apply to any special district for which the county clerk is required to hold elections if the special district demonstrates to the satisfaction of the county clerk that the special district is unable to pay the apportioned expenses of the voters’ pamphlet as determined under ORS 251.365. If the special district is unable to pay, the expenses apportioned to that district may be apportioned among the other electoral districts participating in the election. [1989 c.1031 §9]

251.380 [Repealed by 1957 c.217 §9]

251.385 "Electoral district" defined for ORS 251.345 to 251.375. As used in ORS 251.345 to 251.375, "electoral district" means the county or a city, or district as defined in ORS 255.012 located within the county. [1989 c.1031 §10]

251.390 [Repealed by 1957 c.217 §9]

251.395 Content of statements and arguments; notice of material that may be excluded. (1) Statements and arguments submitted for inclusion in a county voters’ pamphlet by a candidate, political party or assembly of electors, or a person supporting or opposing a measure shall consist only of words or numbers.

(2) The county clerk shall specify on any instructions for filing a statement, argument or other material in the voters’ pamphlet that the statement, argument or material may be excluded under ORS 251.415. [1989 c.1031 §11; 1993 c.351 §4]

251.400 [Repealed by 1957 c.217 §9]

251.405 Names of persons or organizations excluded from arguments and statements; exceptions. (1) Except as provided in subsection (2) of this section, the county clerk shall not print the name of any person or organization in any argument supporting or opposing any measure or any statement of any candidate, filed for inclusion in a county voters’ pamphlet, if the name of the person or organization is cited as supporting or endorsing the argument or statement.

(2) The county clerk may print the name of a person or organization in an argument or statement submitted for inclusion in a county voters’ pamphlet as supporting or endorsing the argument or statement if:

(a) Not later than the deadline for filing an argument or statement with the county clerk, the county clerk receives a statement signed by the person, or by an authorized person on behalf of an organization, stating that the person consents to the use of the name of the person or organization; or

(3) A person shall not submit a false signature under subsection (2) of this section. [1989 c.1031 §12; 1993 c.493 §22]

251.410 [Repealed by 1957 c.217 §9]

251.415 Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded. (1) The county clerk shall reject any statement, argument or other matter offered for filing and printing in a county voters’ pamphlet which:

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

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

(3) The county clerk shall by rule establish a procedure to notify a person who offered a statement, argument or other matter that was rejected pursuant to this section. Subject to voters’ pamphlet deadlines, the procedure shall require the county clerk to:

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

(b) Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement so that it does not violate the provisions of this section. [1989 c.1031 §13; 1993 c.351 §2]

251.420 [Repealed by 1957 c.217 §9]

251.425 Format of candidate’s statement. The candidate’s statement in a county voters’ pamphlet shall begin with a summary of the following: Occupation, educational and occupational background, and prior governmental experience. [1989 c.1031 §14]

251.430 Exemption from public records law. Notwithstanding ORS 192.410 to 192.505 relating to public records, materials filed by a candidate for inclusion in a county voters’ pamphlet and arguments supporting or opposing a measure filed by any person for inclusion in a county voters’ pamphlet are exempt from public inspection until the fourth business day after the final date for filing the materials. [1989 c.1031 §15; 1993 c.493 §23]

251.435 Statements and arguments inadmissible in action to enjoin publication of pamphlet. Material submitted for inclusion in any state or county voters’ pamphlet shall not be admitted as evidence in any suit or action against the county clerk to restrain or enjoin the publication of the voters’ pamphlet. [1989 c.1031 §16]

251.440 [1989 c.773 §6; repealed by 1995 c.607 §91]

251.510 [1955 c.498 §1; 1957 c.218 §1; 1973 c.657 §5; repealed by 1979 c.190 §431]

251.520 [1955 c.498 §2; 1957 c.218 §2; 1963 c.351 §4; 1965 c.124 §1; 1975 c.675 §22; 1979 c.190 §324; renumbered 258.161]

251.530 [1955 c.498 §3; repealed by 1957 c.218 §11]

251.540 [1955 c.498 §5; 1963 c.351 §5; 1979 c.190 §326; renumbered 258.181]

251.550 [1955 c.498 §4; 1957 c.218 §3; 1963 c.351 §6; 1965 c.124 §2; 1975 c.675 §23; 1979 c.190 §327; renumbered 258.190]

251.560 [1955 c.498 §6; 1957 c.218 §4; 1963 c.351 §7; 1975 c.675 §24; 1979 c.190 §328; renumbered 258.200]

251.570 [1955 c.498 §7; 1957 c.218 §5; 1979 c.190 §329; renumbered 258.211]

251.580 [1955 c.498 §8; 1957 c.218 §6; 1965 c.124 §3; 1969 c.462 §1; repealed by 1979 c.190 §431]

251.590 [1955 c.498 §9; 1957 c.218 §7; 1963 c.351 §8; 1979 c.190 §330; renumbered 258.221]

251.600 [1955 c.498 §10; 1957 c.218 §8; 1963 c.351 §9; 1979 c.190 §332; renumbered 258.241]

251.610 [1955 c.498 §11; 1957 c.218 §9; 1963 c.351 §10; 1971 c.743 §348; 1979 c.190 §333; renumbered 258.250]

251.615 [1963 c.351 §3; 1979 c.190 §335; renumbered 258.270]

251.620 [1955 c.498 §14; 1957 c.218 §10; 1973 c.657 §6; repealed by 1979 c.190 §431]

251.625 [1963 c.351 §2; 1979 c.190 §323; renumbered 258.150]

251.630 [1969 c.272 §2; 1979 c.190 §331; renumbered 258.231]

251.635 [1969 c.272 §3; 1979 c.190 §334; renumbered 258.260]

251.640 [1973 c.657 §2; 1975 c.675 §25; 1979 c.190 §336; renumbered 258.280]

251.645 [1973 c.657 §3; 1975 c.675 §26; 1979 c.190 §337; renumbered 258.290]

251.650 [1973 c.657 §4; 1979 c.190 §338; renumbered 258.300]

251.990 [1955 c.498 §15; repealed by 1979 c.190 §431]

251.991 [Formerly 255.990; repealed by 1987 c.718 §5]