justicedao/ipfs_state_laws huggingface dataset:
165-007-2020 Timelines for the referrals to the November 3, 2020, General Election. (1) When a document is to be filed with the Secretary of State, Elections Division under this rule, the document must be delivered to, and actually received in its entirety, in the office of the Secretary of State, Elections Division, not later than 5:00 p.m. on the designated filing deadline date. (2) The following timeline is adopted for the legislative referral of SJR 18 and HB 2270 to the statewide General Election on November 3, 2020, as directed in SB 116: (a) February 27, 2020: Last day for joint legislative committee to designate a person to file the explanatory statement and provide the Elections Division with the ORESTAR account user name, first and last name, and contact information for that person. (b) March 12, 2020: (A) Last day for joint legislative committee to file final explanatory statement with the Secretary. (B) Last day for joint legislative committee to file final ballot title with the Secretary. (c) March 19, 2020: Last day for an elector dissatisfied with the explanatory statement, or ballot title to petition the Oregon Supreme Court for a different explanatory statement, or ballot title. (d) August 4, 2020: Last day for court ordered changes to ballot title, and/or explanatory statement to be filed with the Secretary, or if the Supreme Court refers the ballot title to the Attorney General for modification, it is the deadline for the Attorney General to file the modified ballot title with the Secretary of State. (e) August 25, 2020: (A) Last day to file measure arguments to be included in the state voters' pamphlet. (B) Last day for Legislative Assembly to submit arguments in support of the measure, as provided in ORS 251.245. (f) August 31, 2020: Measure arguments become available for public inspection (ORS 251.145). (g) September 3, 2020: Secretary of State certifies the ballot to the county election officials. Statutory/Other Authority: ORS 246.150, ORS 254.465 & SB 116 (2019) Statutes/Other Implemented: SB 116 (2019), SJR 18 (2019) & HB 2270 (2019) History: ELECT 1-2020, adopt filed 02/11/2020, effective 02/11/2020
165-007-2024 Timelines for the referrals to the November 5, 2024, General Election from the 2023 regular legislative session. (1) When a document is to be filed with the Secretary of State, Elections Division under this rule, the document must be delivered to, and received in its entirety, in the office of the Secretary of State, Elections Division, not later than 5:00:00 p.m. on the designated filing deadline date. (2) The following timeline is adopted for any amendment to the Oregon Constitution or if an Act of the Eighty-second Legislative Assembly, during its 2023 regular session, is referred to the people by the Legislative Assembly under Article IV, section 1 (3)(c), of the Oregon Constitution to the statewide General Election on November 5, 2024, as directed in SB 28. (a) February 29, 2024: Last day for joint legislative committee to designate a person to file the explanatory statement and provide the Elections Division with the ORESTAR account username, first and last name, and contact information for that person. (b) March 14, 2024: (A) Last day for joint legislative committee to file final explanatory statement with the Secretary. (B) Last day for joint legislative committee to file final ballot title with the Secretary. (c) March 21, 2024: Last day for an elector dissatisfied with the explanatory statement, or ballot title to petition the Oregon Supreme Court for a different explanatory statement, or ballot title. (d) July 30, 2024: Last day for court ordered changes to ballot title, and/or explanatory statement to be filed with the Secretary. (e) August 6, 2024: Last day for the Attorney General to file the modified ballot title with the Secretary of State if the Supreme Court refers the ballot title to the Attorney General for modification. (f) August 27, 2024: (A) Last day to file measure arguments to be included in the state voters' pamphlet. (B) Last day for Legislative Assembly to submit arguments in support of the measure, as provided in ORS 251.245. (g) September 3, 2024: Measure arguments become available for public inspection (ORS 251.145). (h) September 5, 2024: Secretary of State certifies the ballot to the county election officials (ORS 254.085). Statutory/Other Authority: SB 28 (2023), ORS 246.150 & ORS 254.465 Statutes/Other Implemented: SB 28 (2023) History: ELECT 17-2023, adopt filed 11/29/2023, effective 11/30/2023
165-008-0000 Purpose (1) The purpose of OAR 165-008-0000 to 165-008-0060 is to provide by rule procedures in the event that the Secretary of State is required to prepare a reapportionment plan as provided in Section 6, Article IV of the Oregon Constitution. (2) These rules establish timelines, hearing procedures and guidelines for evaluation of the constitutional and statutory criteria governing reapportionment. Statutory/Other Authority: ORS 188.015 Statutes/Other Implemented: ORS 188.015 History: ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022 ELECT 37-1990, f. & cert. ef. 10-18-90
165-008-0010 Schedule if Legislature Does Not Complete Reapportionment by July 1 (1) Subsection (3) of Section 6, Article IV of the Oregon Constitution requires the Secretary of State to make the reapportionment if the legislature fails to enact a reapportionment by July 1 of the year following a federal census. (2) In this event, the Secretary of State will follow this schedule: (a) July 16 — Publish a draft reapportionment plan; distribute to the public; (b) July 16–August 3 — Accept written comments from the public; (c) July 20–August 3 — Conduct one or more public hearings at locations to be announced; (d) August 4–15 — Complete transcription of hearing or hearings. Review "evidence, views and argument" submitted by the public. Prepare reapportionment plan; (e) August 15 — Submit reapportionment plan, together with transcript and evidence, to the Supreme Court. Statutory/Other Authority: ORS 188.015 Statutes/Other Implemented: ORS 188.015 History: ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022 ELECT 17-2001, f. & cert. ef. 7-3-01 ELECT 12-2001, f. & cert. ef. 5-7-01 ELECT 37-1990, f. & cert. ef. 10-18-90
165-008-0020 Schedule if Legislature’s Reapportionment Is Not Approved by the Supreme Court and the Secretary of State Is Directed to Draft a Reapportionment (1) Subsection (2) of Section 6, Article IV of the Oregon Constitution requires the Secretary of State to draft a reapportionment when the Oregon Supreme Court determines that the reapportionment prepared by the legislature is deficient. The Supreme Court will "specify with particularity wherein the reapportionment fails to comply" and will direct the Secretary of State to draft a reapportionment which does comply with the constitution and applicable laws. (2) In this event, the Secretary of State will follow this schedule: (a) On or before September 15 — Supreme Court files order with Secretary of State directing preparation of a reapportionment; (b) October 1 — Publish a corrected reapportionment plan; distribute to public; (c) October 1–October 19 — Accept written comments from the public; (d) October 8–19 — Conduct one or more public hearings at locations to be announced. The hearing or hearings shall be held in areas where the districts proposed by the legislature have been found insufficient by the Supreme Court. The Secretary of State may also, at the Secretary's discretion, hold hearings in other areas of the state if the Secretary determines additional hearings are needed to allow the public to participate; (e) October 20–31 — Complete transcription of hearing or hearings. Review "evidence, views and argument" submitted by the public. Prepare reapportionment plan; (f) November 1 — Submit corrected reapportionment plan, together with transcript and evidence, to the Supreme Court. Statutory/Other Authority: ORS 188.015 Statutes/Other Implemented: ORS 188.015 History: ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022 ELECT 12-2001, f. & cert. ef. 5-7-01 ELECT 37-1990, f. & cert. ef. 10-18-90
165-008-0030 Conduct of Public Hearings If the Secretary of State is required to hold a hearing pursuant to either subsection (2) or (3) of Section 6, Article IV of the Oregon Constitution, the following shall apply: (1) The Secretary of State, or the Secretary’s designee will be the presiding officer at the hearing. (2) Persons wishing to testify must provide their name and address at the beginning of the hearing. (3) Each person may testify only once, even if there are multiple hearings. A person who testified at one hearing may be denied an opportunity to testify again at another hearing. (4) Each person may speak for no more than five minutes. Statutory/Other Authority: ORS 188.015 Statutes/Other Implemented: ORS 188.015 History: ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022 ELECT 12-2001, f. & cert. ef. 5-7-01 ELECT 37-1990, f. & cert. ef. 10-18-90
165-008-0040 Submission of Evidence or Argument (1) Persons may submit written evidence in the forms permitted by this section within the time permitted under OAR 165-008-0010 or 165-008-0020. If the written evidence is not submitted into the record at a hearing, it shall be delivered in person or mailed to and received by the office of the Secretary of State, Room 136, State Capitol, Salem, OR 97310. No evidence will be accepted after the last date specified in 165-008-0010 or 165-008-0020. (2) In addition to evidentiary materials, any person may submit their views or argument concerning the apportionment within the same time limits provided for submission of evidence. (3) Written evidence may consist of written text, charts, maps, photographs, audio and/or video tape records or similar materials. All evidence submitted will become part of the record and will not be returned. Statutory/Other Authority: ORS 188.015 Statutes/Other Implemented: ORS 188.015 History: ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022 Reverted to ELECT 37-1990, f. & cert. ef. 10-18-90 ELECT 18-2001(Temp), f. & cert. ef. 8-2-01 thru 8-3-01 ELECT 37-1990, f. & cert. ef. 10-18-90
165-008-0050 Limits on Submission of Evidence, Views and Arguments Persons testifying in person at a public hearing or through submission of written evidence, views and argument shall limit their comments to addressing the criteria for reapportionment in Section 6, Article IV of the Oregon Constitution, ORS 186.010 and other applicable law. The person should identify the particular district or districts of concern, discuss how the proposed reapportionment does or does not meet the criteria and describe, if possible, what reapportionment plan would better meet the criteria. Statutory/Other Authority: ORS 188.015 Statutes/Other Implemented: ORS 188.015 History: ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022 ELECT 37-1990, f. & cert. ef. 10-18-90
165-008-0060 Criteria for Reapportionment (1) In developing a reapportionment plan, the Secretary of State will comply with Section 6, Article IV of the Oregon Constitution, ORS 188.010 and any federal law which imposes requirements in addition to those imposed by the Oregon constitution and statutes. (2) Compliance with the criteria of ORS 188.010(1) shall be to the maximum extent practicable. The following interpretations will be made of specific criteria: (a) “Utilize existing geographic or political boundaries.” When possible, districts will be drawn to utilize county lines and to maintain cities within a single district; (b) “Not divide communities of common interest.” Where urban neighborhoods, rural communities or other communities can be identified, an effort will be made to retain that community within a single district. Consideration will be given to market areas covered by local media; (c) “Be connected by transportation links.” Road connections of at least a county road should be available within the district from one area of the district to another. This does not apply to unpopulated areas of the district. Statutory/Other Authority: ORS 188.015 Statutes/Other Implemented: ORS 188.015 History: ELECT 5-2021, temporary amend filed 08/12/2021, effective 09/27/2021 through 02/09/2022 ELECT 37-1990, f. & cert. ef. 10-18-90
165-008-0150 Mass Transit District Reapportionment Process (1) The purpose of this rule is to establish the procedure by which the Secretary of State will divide mass transit districts into subdistricts, pursuant to ORS 267.090. The Secretary of State, as the chief elections officer for the State of Oregon, has the responsibility to adopt rules that the Secretary considers necessary to facilitate and assist in achieving a maximum degree of correctness, impartiality and efficiency in administration of the election laws. This rule is intended to carry out the Secretary’s responsibilities by describing the process applicable to the redistricting of mass transit districts. Under the Secretary of State’s authority, this process requires significant engagement by the affected transit districts. (2) As used in this rule, “mass transit district” means a mass transit district established under ORS 267.010 to 267.394. (3) A mass transit district must submit to the Secretary of State’s office a map, containing proposed subdistricts, that: (a) Complies with the Oregon and United States Constitutions; (b) Complies with Oregon statutory law, including ORS 267.090(2); (c) Ensures that each subdistrict, as nearly as practicable: (A) Is contiguous; (B) Is of equal population; (C) Utilizes existing geographic or political boundaries; (D) Do not divide communities of interest; and (E) Is connected by transportation links; ( d ) Is consistent with the diversity, equity and inclusion and accessibility values of the Secretary of State, as outlined in the agency’s mission, vision, and values. (4) Each mass transit district must engage the public in drafting a proposed map. Each district must develop a written description of the district’s public engagement process and provide the description to the Secretary of State. (5) The proposed map and description of the public engagement process must be submitted to the Secretary of State no later than May 1 6 of the even-numbered year following legislative reapportionment. (6) The Secretary of State will review proposed map s for compliance with the requirements contained in this rule. (a) If the Secretary of State determines that a proposed map complies with the requirements of this rule and that the mass transit district conducted an appropriate public engagement process, the Secretary of State will approve the map and divide the mass transit subdistricts accordingly. (b) If the Secretary of State does not make the determinations described in subsection (6 )(a) of this rule, the Secretary of State may provide further instruction and guidance to the mass transit district and request that the district resubmit a map with changes identified by the Secretary. (7) Notwithstanding any other provision of this rule, the Secretary of State reserves the right to decline to adopt a proposed map submitted by a mass transit district and to divide the districts into subdistricts in a manner consistent with subsection (3) of this rule. Statutory/Other Authority: ORS 246.150 & ORS 267.090 (2) Statutes/Other Implemented: ORS 267.090 (2) History: ELECT 10-2022, adopt filed 02/01/2022, effective 02/02/2022
165-010-0060 Procedure for Conduct of Meeting to Fill Vacancy in Legislative Assembly The following procedures govern the conduct of a meeting of a county court or board of commissioners (hereafter, county governing body(ies)) to fill a vacancy in the Legislative Assembly. These meeting procedures apply to appointments made under either ORS 171.060(1) (vacancy to be filled by nominee affiliated with a major political party) or ORS 171.060(2) (vacancy need not be filled by member of a particular major political party). (1) A meeting of the members of the county governing body(ies) shall convene at the time designated by the Secretary of State. If the legislative district includes more than one county, the Secretary of State shall also name the temporary chairperson for the meeting and designate its location, which shall be within the legislative district. The Secretary of State shall also notify the county governing body(ies) of the nominees and of the number of votes apportioned to each member of the county governing body(ies) under ORS 171.062 and 171.064. (2) The chairperson conducting the meeting shall open the meeting at the time designated by the Secretary of State. The chairperson shall announce that the purpose of the meeting is to appoint a person to fill the vacancy in the Legislative Assembly. If applicable, the appointment will be made from the list of nominees from the major political party as furnished by the Secretary of State. (3) Members of the county governing body eligible to vote on the selection are those physically or electronically present at the meeting, who are currently holding office by election or appointment. (4) The county governing body(ies), in making its determination, may allot time for interviewing nominees or applicants and for other pertinent deliberations prior to voting. (5) The vote shall be taken in a manner specified by a majority of those present and eligible to vote on the selection. The person receiving the highest number of votes shall be the appointee. However, in any case, the vote of each member of the governing body(ies) shall be recorded and included in the written statement required by ORS 171.060(3). (6) The Secretary of State hereby adopts form SEL 145, Statement of Nominee’s Willingness to Serve, as the form to be used to accept a nomination to fill a legislative vacancy. Statutory/Other Authority: ORS 171.051, 171.060 & 249.200 Statutes/Other Implemented: ORS 171.060(1) History: ELECT 13-2018, amend filed 08/01/2018, effective 08/01/2018 ELECT 4-2012, f. & cert. ef. 1-3-12 ELECT 18-2003, f. & cert. ef. 12-5-03 ELECT 10-1999, f. & cert. ef. 10-18-99 ELECT 7-1993, f. & cert. ef. 2-16-93
165-010-0070 Filling Vacancy in Nomination of Major Political Party (1) The purpose of this rule is to specify the period following a vacancy within which a major political party must notify the filing officer of the name of the new nominee. (2) The Secretary of State hereby specifies that the deadline for notifying the filing officer of the name of the new nominee, where there is a vacancy in nomination of a major political party office from the primary election, is the 70th day before the general election, except that the deadline is the 62nd day before the general election if the vacancy occurs after the 84th day before the general election. Statutory/Other Authority: ORS 249.190 Statutes/Other Implemented: ORS 249.190 History: ELECT 13-2018, amend filed 08/01/2018, effective 08/01/2018 ELECT 14-1996, f. & cert. ef. 12-19-96 ELECT 14-1994(Temp), f. & cert. ef. 7-22-94 ELECT 40-1992, f. & cert. ef. 12-17-92 ELECT 17-1992(Temp), f. & cert. ef. 6-29-92
165-010-0090 Order of Candidate Names on the Ballot (1) The purpose of this rule is to establish the procedure for determining the order in which candidate names will appear on the ballot. (2) The Secretary of State shall provide to the county clerk a random ordering of the letters of the alphabet. The county clerk shall place each candidate's name on the ballot in the order that the first letter of the candidate's last name appears on the random order alphabet. For candidates whose last names begin with the same letter of the alphabet, the following procedure shall be followed: (a) For candidates whose last names begin with the same letter, the order of placement of these names (within the order allocated to the first letter of the last name) shall be determined according to the second letter of the last name. The county clerk shall place the candidates' names in the order the second letter appears on the randomly ordered alphabet. If both the first two letters are the same, the procedure shall be followed for the third and following letters in the surname; (b) If two or more surnames are identical, the order of placement of these names (within the allocated order) shall be according to the first letter of the first name of the candidates. If the first letter of the first name is identical the ordering shall be based on the second letter of the first name. If both the first two letters of the first name are identical, the same procedure is followed for the third and subsequent letters of the first name; (c) If two or more candidates have identical last and first names, the order of names will be according to the letters of the middle name in a like manner. Statutory/Other Authority: ORS 246.150 & 254.155 Statutes/Other Implemented: ORS 245.155 History: ELECT 18-2003, f. & cert. ef. 12-5-03 ELECT 4-1994, f. & cert. ef. 3-31-94
165-010-0110 Filling Vacancy in Nomination to Nonpartisan Office or Vacancy in Nonpartisan Office (1) The purpose of this rule is to specify the period within which a candidate for a nonpartisan office may file a declaration of candidacy or nominating petition. This rule applies when the only candidate nominated to a nonpartisan office dies, withdraws or becomes ineligible, or if a vacancy occurs in the nonpartisan office after the 70th day before the nominating election and on or before the 62nd day before the general election. (2) If the vacancy in nomination or vacancy in nonpartisan office occurs between the 70th day before the nominating election and the 80th day before the general election, a declaration of candidacy or nominating petition, for nonpartisan office, may be filed no sooner than 5 business days after the vacancy occurs and no later than the 70th day before the general election. (3) If the vacancy in nomination or vacancy in nonpartisan office occurs after the 80th day before the general election, but on or before the 62nd day before the election the deadline for filing nominating petitions or declarations of candidacy will be specified in a separate rule for that vacancy. Statutory/Other Authority: ORS 246.150 & 249.205 Statutes/Other Implemented: ORS 249.205 History: ELECT 7-2008, f. & cert. ef. 8-12-08 ELECT 5-2004, f. & cert. ef. 6-11-04
165-013-0030 Restrictions on Political Advocacy by Public Employees In addition to, and not in lieu of, any other elections processes contained in ORS chapters 246 through 260 and OAR chapter 165, the Secretary of State designates the Restrictions on Political Advocacy by Public Employees manual revised 05/2024. This rule and the associated manual provide guidance and information to the public, public employees, public agencies, and other stakeholders of permissible and impermissible activities. This rule and the associated manual also set forth the procedures the Elections Division will use when reviewing materials created by public agencies. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 246.150 Statutes/Other Implemented: ORS 260.432 & SB 168 (2023) History: ELECT 9-2024, amend filed 05/16/2024, effective 05/17/2024 ELECT 11-2023, amend filed 07/24/2023, effective 07/25/2023 ELECT 9-2023, temporary amend filed 04/01/2023, effective 04/01/2023 through 09/27/2023 ELECT 34-2022, temporary amend filed 10/03/2022, effective 10/04/2022 through 03/31/2023 ELECT 3-2016, f. & cert. ef. 7-6-16 ELECT 18-2015, f. 12-31-15, cert. ef. 1-2-16 ELECT 12-2012, f. & cert. ef. 9-13-12