ORS 250.045
Prospective petition
- signature requirement
- cover and signature sheet requirements
- rules
(1)
Intentionally left blank —Ed.(a)
Before circulating a petition to initiate or refer a state measure under Article IV, section 1, of the Oregon Constitution, the petitioner shall file with the Secretary of State a prospective petition.(b)
The prospective petition for a state measure to be initiated:(A)
Shall contain the signatures of at least 1,000 electors; and(B)
May not contain the signatures of more than 2,000 electors.(c)
The signature sheets for a state measure to be initiated must be attached to a full and correct copy of the measure to be initiated.(2)
Before obtaining signatures on a prospective petition for a state measure to be initiated, the chief petitioners shall file with the secretary a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the prospective petition. After a statement has been filed under this subsection, the chief petitioners shall notify the secretary not later than the 10th day after any of the chief petitioners first has knowledge or should have had knowledge that:(a)
Any person is being paid for obtaining signatures, when the statement filed under this subsection declared that no such person would be paid.(b)
No person is being paid for obtaining signatures, when the statement filed under this subsection declared that one or more such persons would be paid.(3)
The secretary by rule shall establish procedures for verifying whether a prospective petition for a state measure to be initiated contains the required number of signatures of electors.(4)
The secretary shall date and time stamp the prospective petition and specify the form on which the initiative or referendum petition shall be printed for circulation as provided in ORS 250.052 (Official templates of cover and signature sheets). The secretary shall retain the prospective petition.(5)
The chief petitioner may amend the state measure to be initiated that has been filed with the secretary without filing another prospective petition, if:(a)
The Attorney General certifies to the secretary that the proposed amendment will not substantially change the substance of the measure; and(b)
The deadline for submitting written comments on the draft title has not passed.(6)
Intentionally left blank —Ed.(a)
The cover of an initiative or referendum petition shall designate the name and city and state of residence of not more than three persons as chief petitioners and shall contain instructions for persons obtaining signatures of electors on the petition. The instructions shall be adopted by the secretary by rule.(b)
The cover of a referendum petition shall contain the final measure summary described in ORS 250.065 (Preparation of ballot titles for certain state measures) (1).(c)
Intentionally left blank —Ed.(A)
If a petition seeking a different ballot title is not filed with the Supreme Court by the deadline for filing a petition under ORS 250.085 (Procedure for elector dissatisfied with ballot title of state measure), the cover of an initiative petition shall contain the latest ballot title certified by the Attorney General under ORS 250.067 (Notice of draft ballot title) (2).(B)
If a petition seeking a different ballot title is filed with the Supreme Court by the deadline for filing a petition under ORS 250.085 (Procedure for elector dissatisfied with ballot title of state measure):(i)
The secretary may not issue an official template of the cover and signature sheets of the initiative petition until the Supreme Court has certified a final ballot title; and(ii)
The cover of the initiative petition shall contain the final ballot title certified by the court.(7)
The chief petitioners 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 initiative or referendum petition. After the prospective petition is filed, the chief petitioners shall notify the filing officer not later than the 10th day after any of the chief petitioners 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.(8)
Intentionally left blank —Ed.(a)
Each sheet of signatures on an initiative petition shall contain the caption of the final certified ballot title. Each sheet of signatures on a referendum petition shall contain the subject expressed in the title of the Act to be referred.(b)
Each sheet of signatures on an initiative or referendum petition shall:(A)
Contain a notice describing the meaning of the color of the signature sheet in accordance with ORS 250.052 (Official templates of cover and signature sheets); and(B)
If one or more persons will be paid for obtaining signatures of electors on the petition, contain a notice stating: “Some Circulators For This Petition Are Being Paid.” The notice shall be in boldfaced type and shall be prominently displayed on the sheet.(c)
The secretary by rule shall adopt a method of designation to distinguish signature sheets of referendum petitions containing the same subject reference and being circulated during the same period.(9)
The reverse side of the cover of an initiative or referendum petition shall be used for obtaining signatures on the initiative or referendum petition.(10)
Not more than 20 signatures on the signature sheet of the initiative or referendum petition may be counted. The circulator shall certify on each signature sheet of the initiative or referendum petition 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.(11)
The person obtaining signatures on the petition shall carry at least one full and correct copy of the measure to be initiated or referred and shall allow any person to review a copy upon request of the person. [1979 c.190 §144; 1979 c.345 §2; 1981 c.909 §2; 1983 c.514 §8; 1983 c.756 §9; 1985 c.447 §1; 1985 c.808 §25; 1987 c.519 §1; 1989 c.959 §3; 1992 c.1 §1; 1995 c.607 §26; 1997 c.846 §1; 1999 c.262 §2; 1999 c.318 §27; 1999 c.793 §2; 2001 c.965 §4; 2005 c.797 §36; 2007 c.159 §3; 2007 c.848 §8; 2009 c.533 §1; 2018 c.70 §17; 2021 c.473 §1]
Source:
Section 250.045 — Prospective petition; signature requirement; cover and signature sheet requirements; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors250.html.
Notes of Decisions
Under former similar statute (ORS 254.030)
Omission of phrase “That this Article is added to the Constitution to read:” from cover sheet of initiative petition did not violate full-and-correct-copy rule of this section where defect was unlikely to mislead signers of petition because ballot title and caption stated that measure proposed constitutional amendment. Barnes v. Paulus, 36 Or App 327, 588 P2d 1120 (1978)
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