ORS 249.865
Filing prospective petition

  • contents of petition
  • statement regarding payment of petition circulators
  • certification of signature sheets
  • effect of violation

(1)

Pursuant to Article II, section 18, of the Oregon Constitution, an elector of the electoral district from which the public officer is elected may file a petition demanding the recall of the public officer. The production and circulation of the petition must conform to the requirements governing recall petitions set forth in ORS 250.048 (Registration and training for paid petition circulators) and 250.052 (Official templates of cover and signature sheets). Before the petition is circulated for signatures, the chief petitioner of the petition shall file with the officer authorized to order the recall election a copy of the prospective petition signed by the chief petitioner.

(2)

The chief petitioner shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the recall petition. After the prospective petition is filed, the chief petitioner shall notify the filing officer not later than the 10th day after the chief petitioner first has knowledge or should have had knowledge that:

(a)

Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid.

(b)

No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid.

(3)

Each sheet of the recall petition must contain:

(a)

The words “Petition for recall of,” (name and title of officer) and the date of the filing under subsection (1) of this section; and

(b)

The name and city and state of residence of the chief petitioner.

(4)

Not more than 20 signatures on each sheet of the recall petition shall be counted. The circulator shall certify on each signature sheet that the circulator:

(a)

Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and

(b)

Believes each individual is an elector.

(5)

Any intentional or willful violation of subsection (1) or (2) of this section by a chief petitioner of the recall petition listed on the statement of organization filed under ORS 260.118 (Treasurer and statement of organization of petition committee) invalidates the prospective petition before it is circulated for signatures. [1979 c.190 §136; 1981 c.142 §2; 1981 c.173 §26; 1983 c.756 §8; 1985 c.471 §7; 1987 c.210 §1; 1999 c.318 §26; 2005 c.797 §22; 2007 c.155 §7; 2007 c.848 §25; 2009 c.818 §20; 2017 c.749 §52; 2019 c.675 §14; 2021 c.473 §16]

Source: Section 249.865 — Filing prospective petition; contents of petition; statement regarding payment of petition circulators; certification of signature sheets; effect of violation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors249.­html.

See annotations under ORS 254.460 in permanent edition.

249.002
Definitions 249.004
Verification of documents 249.005
Acceptance of petition or minutes without original signatures 249.006
Official dating of petitions and declarations 249.008
Verification of signatures by county clerk or Secretary of State 249.009
Exclusive form of signature sheets for petitions 249.012
Preservation of certain records 249.013
Candidacy for more than one office 249.016
Nomination of candidates of major political party or for nonpartisan office 249.020
Filing of candidates’ nominating petition or declaration of candidacy 249.023
Nomination of major political party candidates who attain age of 18 years after deadline for filing nominating petition or declaration of candidacy 249.031
Contents of petition or declaration 249.035
Filing officer 249.037
Time for filing petition or declaration 249.042
Declaration or petition as evidence of candidacy 249.046
Party membership required for nomination of party 249.048
Unsuccessful candidate not eligible as candidate 249.052
Determination of inhabitancy of candidate for Legislative Assembly 249.056
Filing fees 249.061
One candidate per petition 249.064
Information required on petition 249.068
Requirements regarding number and distribution of persons signing partisan petitions 249.072
Requirements regarding number and distribution of persons signing nonpartisan petitions 249.076
Qualifications of signers of petitions 249.078
Printing name of candidate for presidential nomination of major party on ballot 249.088
Nomination or election of candidate at nominating election 249.091
Nomination of certain nonpartisan candidates or candidates to fill a vacancy in nonpartisan office 249.170
Withdrawal of candidacy 249.180
Withdrawal of candidacy by nominee 249.190
Filling vacancy in nomination of major party 249.200
Nomination by major party to fill vacancy in partisan office 249.205
Filling vacancy in nomination to nonpartisan office 249.215
Filling vacancy in state office at general election 249.705
Nomination by other than major party 249.712
Acceptance of nomination 249.720
Information to be contained in certificate of nomination 249.722
Time for filing certificate 249.735
Qualification as assembly of electors 249.737
Filing officer for nomination by assembly of electors 249.740
Certificates of nomination made by individual electors 249.810
Entries in register of nominations upon filing certificates 249.830
Procedure for withdrawing nomination 249.842
Filling vacancy in nomination 249.850
Filing of certificate to fill vacancy in nomination 249.865
Filing prospective petition 249.870
Number of signers on recall petition 249.875
Time for completing filing 249.876
Removal of signature after petition submitted for verification 249.877
Statement of justification by public officer
Green check means up to date. Up to date

Current through early 2024

§ 249.865’s source at oregon​.gov