justicedao/ipfs_state_laws huggingface dataset:
165-022-0050 Filing Measure Arguments (1) Any person may file an argument supporting or opposing a measure with each county clerk of the counties in which the local government that filed the measure is located if the counties will be publishing a voters' pamphlet. (2) The county clerk may require that an argument supporting or opposing a measure be typewritten or legibly printed and submitted on a form approved by the county clerk. (3) The content of arguments shall conform to ORS 251.395: (4) The names of persons or organizations to be excluded from arguments shall conform to ORS 251.405; (5) Arguments shall be limited to 325 words. (6) All materials submitted for inclusion in a county voters' pamphlet shall not exceed 30 square inches of space. (7) Filing fees or signature petitions for arguments shall be filed with the county clerk at the time of submitting the arguments. (8) A verified signature petition may be substituted for the appropriate filing fee for measure arguments (ORS 251.355). The petition shall be submitted on forms prescribed by the county clerk. (9) The filing fees for measure arguments shall be based upon the electoral jurisdiction's registration as of January 1st of the election year. (10) The filing fees shall be: (a) For a jurisdiction with voter registration of less than 1,000 within a county — $100.00; (b) For a jurisdiction with voter registration between 1,000 and 4,999 within a county — $200.00; (c) For a jurisdiction with voter registration between 5,000 and 9,999 within a county — $250.00; (d) For a jurisdiction with voter registration between 10,000 and 24,999 within a county — $350.00; (e) For a jurisdiction with voter registration over 25,000 within a county — $400.00; (11) Refunds of filing fees shall conform to ORS 251.325(5) and the procedures established by the county clerk. Statutory/Other Authority: ORS 246.150, 251.305 & 251.325 Statutes/Other Implemented: ORS 251.355 History: ELECT 7-2006, f. & cert. ef. 4-18-06 ELECT 6-1994, f. & cert. ef. 3-31-94 ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3050 ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91 ELECT 6-1991(Temp), f. & cert. ef. 7-2-91 ELECT 19-1989, f. & cert. ef. 10-16-89
165-022-0060 Printing and Distributing the County Voters’ Pamphlet (1) The county clerk shall print the voters' pamphlet using a format which allows for equal space for every statement and portrait. (2) Candidate portraits shall be printed 1.5 inches by 1.75 inches. (3) Measure arguments may be printed in a continuous running format. (4) The county clerk may edit any statements or arguments which do not conform to the allocated space and word count requirements. (5) The preparation and order of materials for the county voters' pamphlet may be organized by electoral jurisdiction in the following order: (a) Measure, explanatory statement and arguments: (A) Measure arguments shall follow the relating measure; arguments in support are placed first and arguments in opposition shall be placed second and are placed in the order the arguments are received by the county clerk; (B) The identification of a measure argument and the disclaimer to be included in the county voters' pamphlet shall conform to ORS 251.355. (b) Candidates. The identification of a candidate statement and the disclaimer to be included in the county voters’ pamphlet shall conform to ORS 251.335. (6) The county clerk shall mail or distribute the county voters' pamphlet by the seventh day before the election or the last day for mailing ballots if the election is conducted by mail. (7) The county clerk shall mail or distribute the county voters' pamphlet in such a manner as to ensure at least one voters' pamphlet to each household with a registered voter within the jurisdictional boundary of any local government that is involved in an election. Statutory/Other Authority: ORS 246.150 & 251.325 Statutes/Other Implemented: ORS 251.325 History: ELECT 7-2006, f. & cert. ef. 4-18-06 ELECT 6-2000, f. & cert. ef. 3-20-00 ELECT 6-1994, f. & cert. ef. 3-31-94 ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3060 ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91 ELECT 6-1991(Temp), f. & cert. ef. 7-2-91 ELECT 19-1989, f. & cert. ef. 10-16-89
165-022-0070 Notification Between Electoral Jurisdictions (1) If a local government is located in more than one county, the county clerk with whom the filings are made shall certify, within one business day after the filing deadline, to the county clerk of another county in which the local government is located: (a) Copies of all measures; (b) Copies of all explanatory statements; (c) Copies of all candidate filings. (2) If a candidate files for office with a filing officer other than a county clerk, the filing officer shall include a copy of such candidate filing when the officer certifies the ballot information to the county clerk. (3) If a candidate or measure for a local government which is located in more than one county will appear in more than one county’s voters’ pamphlet, the candidate filing a statement or the person filing an argument is responsible for filing the information and appropriate fee with the other county clerks for inclusion in another county voters’ pamphlet. Statutory/Other Authority: ORS 246.150, 251.305 & 251.325 Statutes/Other Implemented: ORS 251.325 History: ELECT 6-1994, f. & cert. ef. 3-31-94 ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3070 ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91 ELECT 6-1991(Temp), f. & cert. ef. 7-2-91 ELECT 19-1989, f. & cert. ef. 10-16-89
165-022-0080 Billing Electoral Jurisdictions for County Voters’ Pamphlet The formula used to determine the apportioned expenditure and revenue allocations for the county voters’ pamphlet as related to election costs is outlined in OAR 165-020-0050, 165-020-0055, and 165-020-0060, Billing for Local Elections. Statutory/Other Authority: ORS 246.150, 251.305 & 251.325 Statutes/Other Implemented: ORS 251.365 History: ELECT 6-1994, f. & cert. ef. 3-31-94 ELECT 16-1993, f. & cert. ef. 4-29-93, Renumbered from 165-060-3080 ELECT 8-1991, f. 8-16-91, cert. ef. 9-1-91 ELECT 6-1991(Temp), f. & cert. ef. 7-2-91 ELECT 19-1989, f. & cert. ef. 10-16-89
165-024-0015 Temporary rule language in effect until 03/09/2026. Language Lists for Translation of Selected State and County Voters' Pamphlet Materials (1) This rule defines the process by which the Secretary of State creates lists of languages to be used to translate Selected State and County Voters’ Pamphlet Materials. (2) The Secretary of State shall use data about state and county populations to determine the Top Five languages in the state and Top Ten languages in each county in Oregon. (a) The data sources may include the most recent American Community Survey (ACS) from the United States Census Bureau, estimates from the Population Resource Center at Portland State University, and other data sources that the Secretary of State determines are available and appropriate. (b) The data sets obtained from the American Community Survey shall include estimated numbers of people with Limited English Proficiency who self-evaluate their ability to speak English as “less than very well.” (3) Based on this data, the Secretary of State shall compile the following language lists and make them available on the Secretary of State’s website: (a) a list of the state’s Top Five Languages and estimated numbers of speakers; (b) lists of each county’s Top Ten Languages and estimated number of speakers in each county; (c) the State List of Languages; and (d) the County Lists of Languages. (4) The Secretary of State shall update the language lists at least once every five years. Statutory/Other Authority: ORS 251.026, 251.167, 251.170, 251.173 & 251.315 Statutes/Other Implemented: ORS 251.026, 251.167, 251.170, 251.173, 251.315, SB 1533 (2024) & SB 1538 (2024) History: ELECT 7-2025, temporary amend filed 09/11/2025, effective 09/11/2025 through 03/09/2026 ELECT 3-2023, adopt filed 01/10/2023, effective 01/11/2023 ELECT 27-2022, temporary adopt filed 08/31/2022, effective 09/01/2022 through 02/27/2023
165-024-0020 Professional Translations of Selected State and County Voters’ Pamphlet Materials (1) Required translations of Selected State and County Voters’ Pamphlet Materials shall be performed according to the highest degree of professional accuracy. (2) Professional translators selected to translate Selected State and County Voters’ Pamphlet Materials should possess a level of translation qualification, language competency, cultural competency, standard of general education, and relevant experience appropriate to translating voters’ pamphlet material in the particular language. (3) The Secretary shall consider the following criteria when selecting translators: (a) For languages for which American Translator Association-certified translation tests are available, the Secretary shall seek certified translators. (b) For languages that the American Translator Association does not certify, the Secretary shall seek translators who meet the following criteria, in descending order of importance: (A) verifiable translation competency, (B) interpreting competency, (C) language proficiency via a recognized testing entity of language skills, (D) paid translation experience, (E) active membership in a professional language organization, (F) academic higher education degree from an institution of higher education, (G) diploma of completion in secondary education, (H) diploma of completion in primary education. Statutory/Other Authority: HB3021, ORS 247.005, ORS 246.150, ORS 251.026, ORS 251.167, ORS 251.170, ORS 251.173 & ORS 251.315 Statutes/Other Implemented: ORS 251.170 History: ELECT 4-2023, adopt filed 01/10/2023, effective 01/11/2023 ELECT 28-2022, temporary adopt filed 08/31/2022, effective 09/01/2022 through 02/27/2023
165-025-0110 Certificates of Ascertainment (1) In addition to the certificates of election issued under OAR 165-025-0100 (6), the Secretary of State shall issue certificates of ascertainment of presidential electors as required by law. (2) Each year in which a President and Vice-President of the United States are to be nominated and elected, the Secretary of State shall select one or more security features to be used for purposes of verifying the authenticity of certificates of ascertainment. (a) In selecting security feature(s), the Secretary of State shall consider best practices used by other states, the needs of the parties who receive certificates of ascertainment as required by federal law, technological developments, and the reliability and reproducibility of the available security feature(s). (b) No later than ninety days before the date of the general election, the Secretary of State shall document what security feature(s) shall be used for certificates of ascertainment that year, shall place the documentation in a sealed envelope, and shall maintain it in a secure manner. (c) The Secretary of State shall maintain the security feature(s) in confidence in accordance with best practices for sensitive information and shall disclose it only as necessary to those officials responsible for producing, receiving, and authenticating the certificates of ascertainment. Statutory/Other Authority: ORS 246.150, Electoral Count Reform and Presidential Transition Improvement Act, HB 4019 (2024) & ORS 248.370 Statutes/Other Implemented: HB 4019 (2024) & ORS 248.370 History: ELECT 24-2024, adopt filed 12/20/2024, effective 12/21/2024 ELECT 13-2024, temporary adopt filed 07/18/2024, effective 07/19/2024 through 01/14/2025
165-025-0130 Transmission of Original Documents to Authorized Officials of the United States (1) The Secretary of State’s duties after the convening of presidential electors shall include but shall not be limited to, the following: (a) transmitting original documents related to the convening of electors to officials of the United States as required by law and communicating with those officials to ensure the documents are received promptly and securely; (b) maintaining in a secure manner at least two additional sets of the original documents transmitted to officials of the United States; (c) communicating as necessary with officials of the United States regarding authenticity of the original documents transmitted to them; and (d) undertaking any other actions that the Secretary of State deems necessary and proper to ensure that officials of the United States promptly receive and can properly authenticate the original documents related to the convening of electors in the manner required by law. (2) The Secretary of State may transmit one or more of the sets of original documents described in OAR 165-025-0120 to an official of the United States if the Secretary of State has already transmitted the documents described in section (3)(g) to that official and those documents are missing, damaged, or cannot be authenticated. (3) The Secretary of State must retain at least one of the sets of original documents described in section (3)(g) in the custody of the state of Oregon. Statutory/Other Authority: ORS 246.150, Electoral Count Reform and Presidential Transition Improvement Act, HB 4019 (2024) & ORS 248.370 Statutes/Other Implemented: HB 4019 (2024) & ORS 248.370 History: ELECT 26-2024, adopt filed 12/20/2024, effective 12/21/2024 ELECT 15-2024, temporary adopt filed 07/18/2024, effective 07/19/2024 through 01/14/2025
166-001-0000 Notice Rule for Rulemaking Prior to the adoption, amendment, or repeal of any permanent rule, the State Archivist shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date. (2) By mailing a copy of the Notice to persons on the State Archivist’s mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule. (3) By mailing or furnishing a copy of the Notice to the following persons, organizations, or publications: (a) Oregon State Bar Bulletin; (b) Association of Oregon Counties Bulletin; (c) League of Oregon Cities; (d) Oregon Historical Society. (e) The Associated Press; (f) Capitol Press Room; and (4) By mailing a copy of the Notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule. Statutory/Other Authority: ORS 183 & 357.895 Statutes/Other Implemented: ORS 183 History: OSA 5-2003, f. & cert. ef. 11-24-03 OSA 4-1994, f. & cert. ef. 8-29-94 OSA 3, f. & ef. 11-21-75
166-001-0005 Model Rules of Procedure The State Archivist adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act, dated July 1, 2014. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Archives Division.] Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183 History: OSA 2-2015, f. & cert. ef. 8-3-15 OSA 9-2009, f. & cert. ef. 10-15-09 OSA 4-2006, f. & cert. ef. 10-12-06 OSA 5-2004, f. & cert. ef. 11-1-04 OSA 4-2001, f. & cert. ef. 5-22-01 OSA 3-1994, f. 7-14-94, cert. ef. 7-15-94 OSA 1-1991, f. & cert. ef. 12-5-91 OSA 1-1988, f. & cert. ef. 8-10-88 OSA 2-1986, f. & ef. 3-17-86 OSA 4, f. & ef. 4-21-76
166-005-0000 Policy It is the policy of the State of Oregon to assure the preservation of records essential to meet the needs of the state, its political subdivisions and its citizens and to assure the prompt destruction of records without continuing value. Unlawful destruction of any public record, regardless of medium or physical format, is a crime punishable under the provisions of ORS 162.305. Public records may be created and retained in a variety of media and physical formats, including but not limited to paper, microfilm, sound recordings, video recordings, and electronic media, devices and recordkeeping systems. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192 & 357 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78
166-005-0005 Purpose The purpose of these rules is to implement the provisions of ORS 192.005 to 192.170, and 357.825 to 357.895, by providing procedures for the orderly retention and disposition of public records, regardless of medium or physical format; specify standards for appropriate use of microforms and electronic records; specify standards for the protection and storage of public records; and specify rules for the use of the State Archives, State Records Center and Security Copy Depository. General Records Retention Schedules published as a part of these rules provide state and local agencies with the lawful authority to destroy or otherwise dispose of commonly occurring public records. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192 & 357 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 3-1996, f. 4-9-96, cert. ef. 4-15-96 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78
166-010-0000 General The Archives Division, Office of the Secretary of State, is administered by the State Archivist. The State Archives accepts custody of permanently valuable public records and provides access to those public records in the official custody of the State Archivist. The State Records Center provides storage and retrieval services for inactive records of state agencies. The Archives Division also provides advice and assistance to state and local agencies, and operates the Security Copy Depository which is a storage and retrieval service for security copy microfilm from state or local agencies. Statutory/Other Authority: ORS 192.070, 357.825(2) & 357.895 Statutes/Other Implemented: ORS 357.825, 357.835, 357.855 & 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 5-1992, f. 12-21-92, cert. ef. 1-1-93 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78
166-010-0006 Custody of Records The Archives Division may accept custody of public records in accordance with ORS 357.825 or 357.835. The ownership of the records, transfers to the State Archivist upon acceptance into the State Archives. The State Archives accessions records in under the following conditions: (1) Prior approval is required to deposit public records in the State Archives. These deposits will be done according to procedures, criteria and standards established by the State Archivist. (2) Except as otherwise provided by ORS 357.835(2), official custody of all records of a state agency which is abolished or ceases to operate shall pass to the State Archivist. (3) When the State Archivist has determined that public records, no longer required for the discharge of duties by the official custodian, are stored where they are no longer available for use or in conditions which endanger the public records, the State Archivist shall requisition them for transfer to the State Archivist’s custody if they are determined by the State Archivist to be of value. (4) Public records in the State Archives are available for use in the Archives Building Reference room. Records may not be removed from the Archives Building, except as otherwise provided by law. Patrons shall use public records in the Reference Room, observing its rules, OAR 166-010-0015. (5) When the State Archivist has determined that records in the custody of the State Archivist cease to be of value, the State Archivist may destroy the records. Statutory/Other Authority: ORS 192.070, 357.825(2) & 357.895 Statutes/Other Implemented: ORS 357.825 & 357.835 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 5-1992, f. 12-21-92, cert. ef. 1-1-93 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78
166-010-0015 State Archives Reference Room Rules Patrons shall observe the following rules for the protection and control of records: (1) Patrons shall register and shall furnish current and valid government-issued photo identification to use public records in the State Archives. (2) Patrons shall only use a pencil when making notations, shall not mark public records, and shall maintain the original order of the public records consulted. (3) No person shall smoke, drink or eat in the Reference Room. (4) Patrons shall notify the staff when their work is completed. (5) Patrons shall not remove from the Reference Room public records or other materials in the official custody of the State Archivist. (6) Patrons shall not alter, mutilate or otherwise deface public records. (7) Patrons may take paper and research materials into the Reference Room. Personal electronic devices such as laptop computers, cameras and scanners are allowed under the following conditions, but must be removed from any enclosed cases before entering the Reference Room: (a) Patrons may bring cameras to photograph records, but may not use a flash. (b) Patrons may use scanners with the following restrictions: the copying surface (platen) must be the same size or larger than the records they plan to scan; the scanner must not cause friction, abrasion, or otherwise damage records; light sources must not generate heat on the records; and equipment surfaces must be clean and dry before being used. Drum and automatic feeder scanners are prohibited. Statutory/Other Authority: ORS 192.005–192.170 & 357.895 Statutes/Other Implemented: ORS 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09 OSA 1-2002, f. & cert. ef. 1-25-02 OSA 6-2001(Temp), f. & cert. ef. 10-23-01 thru 4-15-02 OSA 3-1992, f. 4-3-92, cert. ef. 4-6-92 OSA 3-1988, f. & cert. ef. 10-20-88 OSA 5, f. 12-30-77, ef. 1-1-78 OSA 2, f. & ef. 11-21-75
166-010-0018 State Records Center The State Records Center accepts records for storage under the following conditions: (1) Only state agencies with approved records retention schedules can store records at the State Records Center. (2) Official custody of the records transferred to the State Records Center remains with the state agency from which they were received or its legal successor. (3) Prior approval is required for state agencies to transfer public records to the State Records Center. These transfers will be completed according to procedures, criteria and standards established by the State Archivist which are available on request. (4) Requests from the depositing state agency for records or information stored at the state Records Center shall be made by mail or fax, and only by authorized personnel. Phone requests are not accepted. (5) Deliveries to state agencies of public records as requested will be made as follows: (a) Deliveries will be made through the Central Mail Service of the Department of Administrative Services to state agencies served by that Department. (b) Postal service will be used for deliveries to state agencies which are not served by the Central Mail Service at the expense of the depositing agency. (c) Under special circumstances, the agency may make prior arrangements with the staff of the State Records Center to go to the State Records Center to pick up their request. (5) A state agency may request or authorize the loan or return of public records in its official custody from the State Records Center as follows: (a) Loans of individual files or boxes may be made and a follow-up system for loaned public records will be observed. (b) All requests for loan or return of public records in the State Records Center must originate from authorized personnel of the state agency which has official custody of the public records. (c) A state agency must authorize in writing the State Records Center to loan or transfer public records in its official custody to another agency. (6) Storage fees for the State Records Center are based on a biennial assessment and are listed in the State Price List. Statutory/Other Authority: ORS 192 & 357 Statutes/Other Implemented: ORS 192.005 - 192.170 & 357.805 - 357.895 History: OSA 9-2009, f. & cert. ef. 10-15-09