ORS 250.270
Determination of compliance with constitutional provisions

  • notice
  • appeal

(1)

Not later than the fifth business day after receiving a prospective petition for an initiative measure, the city elections officer shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.

(2)

If the city elections officer determines that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the city elections officer shall proceed as required in ORS 250.275 (Preparation of ballot titles for certain city measures). The city elections officer shall include in the publication required under ORS 250.275 (Preparation of ballot titles for certain city measures) (5) a statement that the initiative measure has been determined to meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.

(3)

If the city elections officer determines that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the city elections officer shall immediately notify the petitioner, in writing by certified mail, return receipt requested, of the determination.

(4)

Any elector dissatisfied with a determination of the city elections officer under subsection (1) of this section may petition the circuit court of the judicial district in which the city is located seeking to overturn the determination of the city elections officer. If the elector is dissatisfied with a determination that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the ballot title is filed with the city elections officer. If the elector is dissatisfied with a determination that the initiative measure does not meet the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business day after the written determination is made by the city elections officer.

(5)

The review by the circuit court shall be the first and final review, and shall be conducted expeditiously to ensure the orderly and timely circulation of the petition. [1991 c.719 §36; 2005 c.797 §42]

Source: Section 250.270 — Determination of compliance with constitutional provisions; notice; appeal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors250.­html.

250.005
Definitions
250.015
Form of petition
250.025
Qualifications for signers of petition
250.029
Withdrawal of initiative or referendum petition
250.031
Rules for conduct of election under Article XI, section 11, of Oregon Constitution
250.035
Form of ballot titles for state and local measures
250.036
Form of ballot title for measure subject to Article XI, section 11 (8), of Oregon Constitution
250.037
Form of ballot title for measure requesting approval of certain bonds
250.038
Form of ballot title for measure authorizing imposition or renewal of local option taxes or establishing permanent rate limitation
250.041
Applicability of ORS 250.005 to 250.038 to counties and cities
250.042
Effect of failure of petition circulator to certify signature sheet
250.043
Acceptance of initiative or referendum petition without original signatures
250.044
When actions challenging constitutionality of state measure must be filed in Marion County Circuit Court
250.045
Prospective petition
250.048
Registration and training for paid petition circulators
250.052
Official templates of cover and signature sheets
250.062
Identical draft ballot titles required for certain state measures
250.065
Preparation of ballot titles for certain state measures
250.067
Notice of draft ballot title
250.075
Preparation of ballot titles by Legislative Assembly
250.085
Procedure for elector dissatisfied with ballot title of state measure
250.095
State measures affecting a county or district
250.105
Petition filing requirements
250.115
Numbering of state measures
250.125
Estimate of financial impact of state measures
250.127
Preparation and filing of estimates and statements of financial impact of state measure
250.131
Court review of procedures under which estimates and statements of financial impact of state measure were prepared
250.135
Retention of petition materials
250.137
Citizens’ Initiative Review Commission
250.139
Citizen panels
250.141
Citizen panel statements
250.143
Evaluation of citizen panel procedures
250.147
Contributions to Citizens’ Initiative Review Commission
250.149
Determination of sufficient funds for commission and citizen panels
250.155
Application of ORS 250.165 to 250.235
250.165
Prospective petition
250.168
Determination of compliance with constitutional provisions
250.175
Preparation of ballot titles for certain county measures
250.185
Preparation of ballot titles by county governing body
250.195
Procedure for elector dissatisfied with ballot title of county measure
250.205
Filing and signature requirements for nonhome rule counties
250.215
Filing officer for county measure
250.221
Date of election
250.235
Retention of petition materials
250.255
Application of ORS 250.265 to 250.346
250.265
Prospective petition
250.270
Determination of compliance with constitutional provisions
250.275
Preparation of ballot titles for certain city measures
250.285
Preparation of ballot titles by city governing body
250.296
Procedure for elector dissatisfied with ballot title of city measure
250.305
Signature requirements
250.315
Filing officer
250.325
Procedure following filing of initiative petition
250.346
Retention of petition materials
250.355
Date of election
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