ORS 251.055
Type of material to be excluded from pamphlet

  • liability for libel
  • procedure if material excluded
  • rules

(1)

The Secretary of State shall reject any statement, argument, translation or other matter offered for filing and publishing in a voters’ pamphlet that:

(a)

Contains any obscene, profane or defamatory language;

(b)

Incites or advocates hatred, abuse or violence toward any person or group; or

(c)

Contains any language which may not legally be circulated through the mails.

(2)

Nothing in this chapter shall make the author of any statement, argument or translation exempt from any civil or criminal action because of any defamatory statements offered for publishing or contained in the voters’ pamphlet. The persons writing, signing or offering a statement, argument or translation for filing shall be deemed its authors and publishers.

(3)

The Secretary of State by rule shall establish a procedure to notify a person who offered a statement, argument, translation or other matter that was rejected pursuant to this section. Subject to voters’ pamphlet deadlines, the procedure shall require the Secretary of State to:

(a)

Make reasonable attempts to notify the person of the rejection; and

(b)

Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement, argument or translation so that it does not violate the provisions of this section. [Formerly 255.040; 1993 c.351 §1; 2021 c.464 §5]
Note: The amendments to 251.055 (Type of material to be excluded from pamphlet) by section 5, chapter 464, Oregon Laws 2021, apply to all voters’ pamphlets distributed on or after June 30, 2022. See section 10, chapter 464, Oregon Laws 2021. The text that applies to all voters’ pamphlets distributed before June 30, 2022, is set forth for the user’s convenience.
251.055 (Type of material to be excluded from pamphlet). (1) The Secretary of State shall reject any statement, argument or other matter offered for filing and printing in a voters’ pamphlet which:

(a)

Contains any obscene, profane or defamatory language;

(b)

Incites or advocates hatred, abuse or violence toward any person or group; or

(c)

Contains any language which may not legally be circulated through the mails.

(2)

Nothing in this chapter shall make the author of any statement or argument exempt from any civil or criminal action because of any defamatory statements offered for printing or contained in the voters’ pamphlet. The persons writing, signing or offering a statement or argument for filing shall be deemed its authors and publishers.

(3)

The Secretary of State by rule shall establish a procedure to notify a person who offered a statement, argument or other matter that was rejected pursuant to this section. Subject to voters’ pamphlet deadlines, the procedure shall require the Secretary of State to:

(a)

Make reasonable attempts to notify the person of the rejection; and

(b)

Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement so that it does not violate the provisions of this section.

Source: Section 251.055 — Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors251.­html.

See also annotations under ORS 255.040 in permanent edition.

Notes of Decisions

Secretary of State is proper party named in petition to challenge voters’ pamphlet explanation; her duties are primarily ministerial, however, she may assume adversarial role if she feels such role is mandated under this section. Teledyne Industries v. Paulus, 297 Or 665, 687 P2d 1077 (1984)

251.005
Definitions 251.008
Joint production of state and county voters’ pamphlet 251.012
Size, format and distribution of voters’ pamphlet 251.014
Electronic filing system 251.016
Disposition of fee 251.022
Voters’ pamphlet for election to fill vacancy in office of United States Senator or Representative in Congress 251.026
Statements and information included in voters’ pamphlets 251.046
Content of statements and arguments 251.049
Names or titles of persons or names of organizations excluded from arguments and statements 251.055
Type of material to be excluded from pamphlet 251.065
Filing portrait and statement by or for candidate 251.067
Inclusion of portrait and statement of candidate for county, city or metropolitan service district office 251.069
Map of metropolitan service district to be printed in certain pamphlets 251.075
Portrait requirements 251.085
Format of candidate’s statement 251.087
Secretary of State review of candidate portrait and statement 251.095
Candidate space in voters’ pamphlet 251.115
Statement of statewide and less than statewide political party or assembly 251.125
Disclaimer 251.135
Withdrawal of material 251.145
Exemption from public records law 251.155
Statements and arguments inadmissible in action to enjoin publication of pamphlet 251.165
Preparing material for inclusion in state voters’ pamphlet 251.167
Secretary of State creation of list of five most commonly spoken languages 251.170
Requirements for translation of voters’ pamphlets 251.173
Translation Advisory Council 251.175
Distribution of pamphlet 251.185
Measures, estimates, statements and arguments included in voters’ pamphlet 251.195
Form for printing proposed constitutional amendment 251.205
Appointment of committee to draft explanatory statement of measure proposed by initiative or referendum 251.215
Preparation and filing of explanatory statement of measure 251.225
Preparation and filing of explanatory statement by Legislative Counsel Committee 251.230
Effect if explanatory statement not filed 251.235
Supreme Court review of explanatory statement 251.245
Committee to prepare and file argument in support of measure referred by Legislative Assembly 251.255
Filing arguments for or against measure 251.260
Secretary of State review of arguments for error in identification of measure number or designation of support or opposition to measure 251.265
Inclusion of author of argument, author’s organization and notice of support or opposition to measure in voters’ pamphlet 251.285
Inclusion of community college district measure relating to bonding, county measure or metropolitan service district measure in voters’ pamphlet 251.295
Radio and television broadcasts to supplement pamphlet 251.305
County voters’ pamphlet 251.315
Information required to be included in voters’ pamphlet 251.325
Schedule and procedures for producing and distributing pamphlet 251.335
Filing portrait and statement by or for candidate 251.345
Explanatory statement 251.355
Filing arguments for or against measure 251.365
Cost of pamphlet preparation 251.375
Exception to ORS 251.365 for certain districts 251.385
“Electoral district” defined for ORS 251.345 to 251.375 251.395
Content of statements and arguments 251.405
Names or titles of persons or names of organizations excluded from arguments and statements 251.415
Type of material to be excluded from pamphlet 251.425
Format of candidate’s statement 251.430
Exemption from public records law 251.435
Statements and arguments inadmissible in action to enjoin publication of pamphlet
Green check means up to date. Up to date

Current through early 2024

§ 251.055’s source at oregon​.gov