reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0450 - Risk Limiting Audit Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to establish
			 a procedure for the conduct of risk limiting audits of selected ballots
			 following an election conducted in this state pursuant to ORS 254.532.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 that responsibility by providing an additional
			 mechanism for selective recounts to confirm the accuracy of the automated vote
			 tally systems used to count ballots.
(2) The "risk limit" required by ORS
			 254.532(6)(a)
			 is 0.10%.
(3) In order to ensure
			 that no change or error in technology used to assist with the audit could
			 result in an undetected change in the results of the audit, a county elections
			 official may only choose to utilize risk limiting audit software that has been
			 examined by a federally accredited voting systems testing laboratory (VSTL),
			 and certified by the Secretary of State. The Secretary will review the
			 laboratory report and procedures for the specific risk limiting audit software
			 and then issue a decision on whether to certify the risk limiting audit
			 software not later than 30 days after an application is received in the
			 Elections Division from a county.
(4) Upon completion of the audit, and not
			 later than the date the county certifies the results of the election to the
			 Secretary of State, the county elections official shall publicly report on the
			 results of the audit.
(5) The
			 procedures described in this rule may be implemented only if a county is not
			 required to conduct either an automatic recount under ORS
			 258.280 and ORS
			 258.290 or a partial or full demand recount under ORS
			 258.161.
			 In the event that a recount under these statutes is commenced, any risk
			 limiting audit is automatically terminated.
Statutory/Other Authority: ORS
				  246.150, ORS
				  254.465  & ORS
				  254.532
Statutes/Other Implemented: ORS
				  254.532,
				  ORS
				  254.529  & ORS
				  254.535
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-0550 - Procedure for Reporting Elections Results

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule governs the procedure for
			 announcing the status of the tally of ballots received on and after the date of
			 the election. This rule is intended to encourage frequent reporting.
(a) Nothing in this rule shall be construed
			 to require a county to publish unofficial elections results less frequently
			 than the county has historically published unofficial elections
			 results.
(b) Nothing in this rule
			 shall be construed to prevent a county from publishing unofficial elections
			 results more frequently than this rule specifies.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-2020 - Timelines for the referrals to the November 3, 2020, General Election

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 7 - CONDUCT OF ELECTIONS › Section 165-007-2024 - Timelines for the referrals to the November 5, 2024, General Election from the 2023 regular legislative session

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 8 - REAPPORTIONMENT › Section 165-008-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  188.015
Stats. Implemented: ORS
				  188.015
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 8 - REAPPORTIONMENT › Section 165-008-0010 - Schedule if Legislature Does Not Complete Reapportionment by July 1

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 8 - REAPPORTIONMENT › Section 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

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 8 - REAPPORTIONMENT › Section 165-008-0030 - Conduct of Public Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  188.015
Stats. Implemented: ORS
				  188.015
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 8 - REAPPORTIONMENT › Section 165-008-0040 - Submission of Evidence or Argument

Current through Register Vol. 63, No. 7, July 1, 2024
(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 OAR
			 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.
Stat. Auth.: ORS
				  188.015
Stats. Implemented: ORS
				  188.015
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 8 - REAPPORTIONMENT › Section 165-008-0050 - Limits on Submission of Evidence, Views and Arguments

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 8 - REAPPORTIONMENT › Section 165-008-0060 - Criteria for Reapportionment

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 8 - REAPPORTIONMENT › Section 165-008-0150 - Mass Transit District Reapportionment Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 10 - CANDIDATES AND POLITICAL PARTIES › Section 165-010-0005 - Designating the Candidate's Manual, Minor Political Party Manual and Forms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Secretary
			 of State designates the State Candidate's Manual revised 01/2024 and associated
			 forms as the procedures and forms to be used by candidates filing and running
			 for a federal or state office as that term is defined in ORS
			 249.002(10).
(2) The Secretary of State designates the
			 County, City, and District Candidate's Manual revised 01/2024 and associated
			 forms as the procedures and forms to be used by candidates filing and running
			 for elected office in a county, city or district.
(3) The Secretary of State designates the
			 Political Party Manual revised 01/2024 and associated forms as the procedures
			 and forms to be used to form a minor political party and nominate candidates
			 for elective office. This manual also includes information on qualifying as a
			 major political party and a party's obligation to file organizational
			 documents.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  248.008, ORS
				  249.031, ORS
				  249.190, ORS
				  249.200, ORS
				  249.009, ORS
				  249.205, ORS
				  249.215, ORS
				  249.720, ORS
				  249.722, ORS
				  249.842, ORS
				  251.012, ORS
				  251.014, ORS
				  260.345, ORS
				  246.150, ORS
				  249.037, ORS
				  249.046, ORS
				  249.170, ORS
				  249.180, ORS
				  251.065, ORS
				  251.255, Oregon Constitution,
				  Article IV, Section 15, ORS
				  249.740, ORS
				  249.865, ORS
				  249.875, ORS
				  248.015, ORS
				  248.023, ORS
				  254.548, ORS
				  255.295, ORS
				  255.345, SB 166 (2023), HB 3073
				  (2023) & SB 585 (2023)
Statutes/Other Implemented: ORS
				  248.008, ORS
				  249.009, Oregon Constitution,
				  Article IV, Section 15, ORS
				  249.740, ORS
				  249.865, ORS
				  249.875, ORS
				  248.015, ORS
				  248.023, ORS
				  254.548, ORS
				  255.295, ORS
				  255.345, SB 166 (2023), HB 3073
				  (2023) & SB 585 (2023)
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 10 - CANDIDATES AND POLITICAL PARTIES › Section 165-010-0060 - Procedure for Conduct of Meeting to Fill Vacancy in Legislative Assembly

Current through Register Vol. 63, No. 7, July 1, 2024
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)
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 10 - CANDIDATES AND POLITICAL PARTIES › Section 165-010-0070 - Filling Vacancy in Nomination of Major Political Party

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 10 - CANDIDATES AND POLITICAL PARTIES › Section 165-010-0090 - Order of Candidate Names on the Ballot

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 10 - CANDIDATES AND POLITICAL PARTIES › Section 165-010-0110 - Filling Vacancy in Nomination to Nonpartisan Office or Vacancy in Nonpartisan Office

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  246.150 &
				  249.205
Stats. Implemented: ORS
				  249.205
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 10 - CANDIDATES AND POLITICAL PARTIES › Section 165-010-1108 - Filing Deadlines for Filling Vacancies in Deschutes County Rural Fire Districts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of this rule is to adopt the deadline to accept nominating petitions or
			 declarations of candidacy when a vacancy occurs in the offices listed below,
			 after the deadline for notice in ORS
			 255.069 but on or before the 62nd day before the May 21, 2019 Regular District
			 Elections:
(a) Deschutes County Rural Fire
			 Protection District #2, Position #2; and
(b) Sisters Camp Sherman Rural Fire
			 Protection District, Position #1.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0005 - Designating the Campaign Finance Manual and Forms

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary of State designates the Campaign Finance Manual
				revised 04/2024 and associated forms as the procedures and forms to be used for
				compliance with Oregon campaign finance regulations.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS 246.150, ORS 260.156, ORS
				  260.200, ORS 260.044, ORS 260.046, ORS 260.049, ORS 260.057, ORS 260.083, ORS
				  260.095, ORS 260.118 & SB 1538 (2024)
Statutes/Other Implemented: ORS 260.044, ORS 260.046, ORS
				  260.049, ORS 260.057, ORS 260.083, ORS 260.118, ORS 260.005, ORS 260.007, ORS
				  260.035, ORS 260.037, ORS 260.038, ORS 260.039, ORS 260.041, ORS 260.042, ORS
				  260.043, ORS 260.054, ORS 260.055, ORS 260.056, ORS 260.076, ORS 260.078, ORS
				  260.085, ORS 260.102, ORS 260.112, ORS 260.145, ORS 260.232, ORS 260.995, ORS
				  260.064, ORS 260.052, ORS 260.095, ORS 260.011, ORS 260.402, ORS 260.407, ORS
				  260.409 & SB 1538 (2024)
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0005 - Designating the Campaign Finance Manual and Forms

Current through Register Vol. 63, No. 7, July 1, 2024
The Secretary of State designates the Campaign Finance Manual
				revised 02/2024 and associated forms as the procedures and forms to be used for
				compliance with Oregon campaign finance regulations.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  246.150, ORS
				  260.156, ORS
				  260.200, ORS
				  260.044, ORS
				  260.046, ORS
				  260.049, ORS
				  260.057, ORS
				  260.083, ORS
				  260.095, ORS
				  260.118 & SB 166
				  (2023)
Statutes/Other Implemented: ORS
				  260.044, ORS
				  260.046, ORS
				  260.049, ORS
				  260.057, ORS
				  260.083, ORS
				  260.118, ORS
				  260.005, ORS
				  260.007, ORS
				  260.035, ORS
				  260.037, ORS
				  260.038, ORS
				  260.039, ORS
				  260.041, ORS
				  260.042, ORS
				  260.043, ORS
				  260.054, ORS
				  260.055, ORS
				  260.056, ORS
				  260.076, ORS
				  260.078, ORS
				  260.085, ORS
				  260.102, ORS
				  260.112, ORS
				  260.145, ORS
				  260.232, ORS
				  260.995, SB 166 (2023), ORS
				  260.064, ORS
				  260.052, ORS
				  260.095, ORS
				  260.011, ORS
				  260.402, ORS
				  260.407 & ORS
				  260.409
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0050 - Contribution of Polls, Allocation of Polling Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to establish
			 procedures for reporting the contribution of poll results, the allocation of
			 polling expenses, the valuation of poll results, and the reporting of in-kind
			 contributions of poll results.
(2)
			 This rule does not apply to:
(a) Individuals
			 mentioned in a poll who are not candidates; and
(b) Polls conducted internally by a campaign
			 or entity that are not contributed.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0240 - Administrative Discontinuation of a Political Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Elections Division may
			 administratively discontinue a political or petition committee when:
(a) The committee has not filed any
			 transactions under ORS
			 260.057 for one calendar year;
(b) The
			 committee's ending cash balance reflected on the committee's ORESTAR Account
			 Summary is between $3,500.00 and negative $3,500.00; and
(c) The committee's balance deficit reflected
			 on the committee's ORESTAR Account Summary is between $3,500.00 and negative
			 $3,500.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0500 - Applicability of Elections Divisions Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise provided in rules 165-012-0505  through
				165-012-0530, the administrative rules set out in OAR Chapter 165, Division
				001, apply to filings, notices, hearings, and other applications of Oregon
				election law to Covered Organizations and their Authorized Representative(s).
				In the event of a potential conflict, ORS 260.275, ORS 260.281, ORS 260.285 and
				these administrative rules OAR 165-012-0050  through 165-012-0530  will
				control.
Statutory/Other Authority:
ORS
				  183.341,
				  246.150 & 260.281
Statutes/Other Implemented:
ORS 260.275, 260.281  & 260.285
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0505 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Address" means
			 street number and name, or rural route number or post office box, and city and
			 state, plus zip code if available, where the person may be found or receives
			 mail. For individual donors, address means the physical place where the
			 individual receives correspondence, which might include but is not limited to
			 the following: personal residence, post office box, place of business, or place
			 of employment.
(2) An "anonymous
			 donation" is one that the covered organization cannot reasonably attribute to
			 or associate with a donor by virtue of any identifying information, including
			 the donor's name, address or location.
(3) "Authorized Representative" means any
			 person who has:
(a) actual oral or written
			 authority, either express or implied, to make or to authorize the action of any
			 person or entity, including but not limited to a covered organization;
			 or
(b) been placed in a position
			 within entity or on behalf of a person where it would reasonably appear that in
			 the ordinary course of business or political activities the person may
			 authorize the conduct or action.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0510 - Forms Required

Current through Register Vol. 63, No. 7, July 1, 2024
Covered organizations shall use the forms designated by the
				Secretary of State's Office for use in complying with ORS 260.275, ORS 260.281 and ORS 260.285 and administrative rules OAR 165-012-0500  through
				165-012-0530.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority:
ORS
				  246.150 &
				  260.281
Statutes/Other Implemented:
ORS 260.275, 260.281  & 260.285
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0515 - Deadlines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 246.021 applies to the forms and other information that must be filed with the
			 Secretary of State for purposes of complying with ORS 260.275, ORS 260.281 and
			 ORS 260.285 and these administrative rules OAR 165-012-0500  through
			 165-012-0530.
(2) Any filings
			 required under ORS 260.275, ORS 260.281 and ORS 260.285 or administrative rules
			 OAR 165-012-0500  through 165-012-0530  may be filed as follows:
(a) by delivery, including but not limited to
			 the use of the U.S. Postal Service, to the Elections Division at 255 Capitol
			 Street NE, Suite 501; Salem, OR 97310;
(b) by email to
			 orestar-support.sos@oregon.gov; or
(c) by facsimile to 503-373-7414.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0520 - Application of ORS 260.281

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 donation is received for purposes of ORS 260.281 and administrative rules OAR
			 165-012-0500  through 165-012-0530  as follows:
(a) If made by financial instrument (e.g.
			 cash, check, or other written instrument), when the instrument is received by
			 an agent or authorized representative of a covered organization, or by the
			 financial institution if made directly to a financial institution.
(b) If made by electronic transfer of funds
			 or credit card, when the donation is credited to an account in the name of a
			 covered organization.
(c) If made
			 by stock the date when an agent or authorized representative of the covered
			 organization receives notice either of the authorization or of the completion
			 of the transfer, whichever notification occurs first.
(d) If made in the form of an item of value,
			 the date an agent or authorized representative of a covered organization has
			 knowledge of the in-kind contribution and the item of value has been purchased
			 or provided.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0525 - Application of ORS 260.266 - Campaign Advertising Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to establish guidelines for the implementation of ORS
			 260.266,
			 implemented by the Oregon Legislature in 2019.
(2) Definitions:
(a) "
de minimis"
means
			 having a fair market value of less than $1.00.
(b) "Digital communication" means a
			 communication that is placed or promoted on an internet or digital platform,
			 including but not limited to search engine marketing, display advertisements,
			 video or audio advertisements, native advertising, and sponsorships. For
			 purposes of the preceding sentence, 'internet or digital platform' means a
			 public-facing website, internet-enabled application, or other digital
			 application, including but not limited to a social network, ad network, or
			 search engine that displays, or causes to be displayed, digital
			 communications.
(c) "Name" means:
(A) For candidates, the full name of the
			 candidate's principal campaign committee as the committee is registered in
			 ORESTAR and the committee ID number.
(B) For political action committees and
			 petition committees, the full name of the committee as the committee is
			 registered in ORESTAR and the committee ID number.
(C) For organizations, the full name by which
			 the organization is registered with the Oregon Secretary of State's Office,
			 Corporations Division, or comparable agency in the applicable state. If the
			 organization does business under a different name, as reflected in the
			 organization's website or social media, then that name shall be included in the
			 disclosure.
(D) For groups of
			 individuals or other entities not set out in sections 2(c)(A) through (C)
			 above, the name the group or entity most often uses in conjunction with their
			 website or social media accounts, or used in conjunction with their financial
			 records or other official business documentation.
(d) "Payment" means "expenditure" as defined
			 and treated under Oregon election law.
(e) "Wearable merchandise" includes but is
			 not limited to any form of clothing, hats, gloves, scarves, masks and other
			 face coverings.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 13 - ELECTION OFFENSES › Section 165-013-0010 - Penalty Matrix for Other Campaign Finance Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This penalty matrix applies to civil
			 penalties for campaign finance violations not covered by the penalty matrices
			 in the Campaign Finance Manual.
(2)
			 Mitigating Circumstances. The only mitigating circumstances that will be
			 considered in a campaign finance violation covered by this rule include:
(a) The violation is a direct result of a
			 valid personal emergency of the candidate, treasurer, alternate transaction
			 filer, or independent expenditure filer. A valid personal emergency is an
			 emergency, such as a serious personal illness or death in the immediate family
			 of the candidate, treasurer, alternate transaction filer, or independent
			 expenditure filer which caused the violation to occur. A valid personal
			 emergency does not include a common cold or flu, or a long-term illness where
			 other arrangements could have been made. In this case, independent written
			 verification must be provided;
(b)
			 The violation is the direct result of an error by the elections filing
			 officer;
(c) The violation is the
			 direct result of clearly-established fraud, embezzlement, or other criminal
			 activity against the committee, committee treasurer, candidate, alternate
			 transaction filer, or independent expenditure filer, as determined in a
			 criminal or civil action in a court of law or independently corroborated by a
			 report of a law enforcement agency or insurer or the sworn testimony or
			 affidavit of an accountant or bookkeeper or the person who actually engaged in
			 the criminal activity. This mitigating circumstance does not apply to the
			 treasurer, candidate, alternate transaction filer, or independent expenditure
			 filer who was the perpetrator of the wrongdoing described above;
(d) The violation is the direct result of
			 fire, flood, utility failure or other calamitous event, resulting in physical
			 destruction of, or inaccessibility to, campaign finance records. ("Calamitous
			 event" means a phenomenon of an exceptional character, the effects of which
			 could not have been reasonably prevented or avoided by the exercise of due care
			 or foresight);
(e) The violation is
			 the direct result of failure of a professional delivery service to deliver
			 documents in the time guaranteed for delivery by written receipt of the service
			 provider. This does not include delivery by fax.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 13 - ELECTION OFFENSES › Section 165-013-0020 - Penalty Matrix for Non-Campaign Finance Civil Penalty Election Law Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) This penalty matrix applies to civil
			 penalties for violations of election laws that are not covered by the penalty
			 matrices in the Campaign Finance Manual (late and insufficient campaign finance
			 transactions), or other campaign finance violations as outlined in
			 165-013-0010.
(b) The penalty
			 amount will be calculated against the same person, candidate or entity as
			 described below for a period of four years from the date the violation occurs,
			 for any election law violation, other than campaign finance violations covered
			 in the penalty matrices in the Campaign Finance Manual and other campaign
			 finance violations as outlined in 165-013-0010.
(c) In determining whether the offense is to
			 be considered against the same person, candidate or entity, the following
			 factors are to be considered:
(A) A person is
			 considered the same candidate, regardless of the office(s) for which the person
			 runs within this state, or whether there is a lapse in time between
			 candidacies.
(B) A political
			 committee is considered the same, regardless of who the treasurer is, or if the
			 political committee has changed names but is established by the same group of
			 persons.
(C) The same
			 individual.
(d) When
			 determining whether the offense is to be considered a single or multiple
			 violations, the following factors are to be considered:
(A) One occurrence is considered one
			 violation.
(B) Violations of
			 Article IV, Section 1(b) will be calculated by deeming each individual
			 signature sheet that contains signatures that were collected in violation of
			 Section 1(b) as a single occurrence.
(C) Violations of ORS
			 260.569 will be calculated by deeming each individual signature sheet that contains a
			 signature a violation of ORS
			 260.569 or each signed voter registration card in violation of ORS
			 260.569 as a single occurrence.
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 13 - ELECTION OFFENSES › Section 165-013-0030 - Restrictions on Political Advocacy by Public Employees

Current through Register Vol. 63, No. 7, July 1, 2024
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.
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)
Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 13 - ELECTION OFFENSES › Section 165-013-0045 - Application of ORS 260.537 - False Statement Intended to Mislead Electors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 260.345 provides that, in certain circumstances, the Elections Division may take action
			 against people who disseminate false statements concerning election law in
			 violation of ORS 260.537. The Elections Division recognizes the importance of
			 avoiding mis- and dis-information in elections while encouraging the public to
			 participate in the electoral process. The purpose of this rule is to explain
			 how the Elections Division honors those dual goals when evaluating complaints
			 alleging a violation of ORS 260.537.
(2) The Elections Division evaluates
			 complaints alleging violations of ORS 260.537 to determine whether they state
			 facts sufficient to meet the criteria described in Section (4). The Elections
			 Division may decline further investigation as to any complaint that:
(a) Alleges a violation of ORS 260.537 but
			 does not state facts sufficient to meet the criteria in Section (4),
			 or
(b) Is filed more than 90 days
			 after the election defined in Section (4)(c), or more than 90 days after the
			 date the violation occurs, whichever is later.