ORS 251.167
Secretary of State creation of list of five most commonly spoken languages

  • public access and distribution
  • rules

(1)

The Secretary of State shall create and make publicly available a list of:

(a)

The five most commonly spoken languages in the state, other than English; and

(b)

The five most commonly spoken languages in each county, other than English.

(2)

The lists created under subsection (1) of this section must:

(a)

Be based on the best available data, which may include the most recent American Community Survey from the United States Census Bureau, estimates from the Portland State University Population Research Center and any other necessary data sources;

(b)

Include, when complying with subsection (1)(b) of this section, the estimated number of individuals in each county who speak each listed language; and

(c)

Be updated at least once every five years.

(3)

The Secretary of State shall:

(a)

Ensure each state voters’ pamphlet mailed to residents of a county is translated in the manner described in ORS 251.170 (Requirements for translation of voters’ pamphlets) into:

(A)

Each language listed by the Secretary of State under subsection (1)(a) of this section;

(B)

Each language listed by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 100 or more individuals in any one county; and

(C)

Each language that has previously been listed by the Secretary of State under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;

(b)

Ensure each county voters’ pamphlet mailed to residents of a county is translated in the manner described in ORS 251.170 (Requirements for translation of voters’ pamphlets) into:

(A)

Each language listed by the Secretary of State under subsection (1)(a) of this section;

(B)

Each language listed for the county for that county voters’ pamphlet by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 100 or more individuals in the county; and

(C)

Each language that has previously been listed by the Secretary of State for the county for that county voters’ pamphlet under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;

(c)

Make each translation of the voters’ pamphlet that is made under paragraph (a) or (b) of this subsection or subsection (4) of this section available on the website of the Secretary of State and of the county as applicable; and

(d)

Prominently provide the website address for each translation in the manner set forth in ORS 251.026 (Statements and information included in voters’ pamphlets) and 251.315 (Information required to be included in voters’ pamphlet).

(4)

Notwithstanding subsection (3)(a)(B) and (b)(B) of this section, if the Secretary of State estimates under subsection (2)(b) of this section that no language, other than English, is spoken by 100 or more individuals in a particular county, the Secretary of State shall ensure:

(a)

Each state voters’ pamphlet mailed to residents of the county is translated in the manner described in ORS 251.170 (Requirements for translation of voters’ pamphlets) into the most commonly spoken language in that county, other than English, as listed by the Secretary of State under subsection (1)(b) of this section; and

(b)

Each county voters’ pamphlet mailed to residents of the county is translated in the manner described in ORS 251.170 (Requirements for translation of voters’ pamphlets) into the most commonly spoken language in that county, other than English, as listed by the Secretary of State under subsection (1)(b) of this section.

(5)

The Secretary of State:

(a)

May adopt any rules necessary to implement this section; and

(b)

Is responsible for all costs necessary to comply with this section. [2021 c.464 §2]
Note: Section 10, chapter 464, Oregon Laws 2021, provides:
Sec. 10. Sections 2, 3 and 7 of this 2021 Act [251.167 (Secretary of State creation of list of five most commonly spoken languages), 251.170 (Requirements for translation of voters’ pamphlets) and 251.173 (Translation Advisory Council)] and the amendments to ORS 251.026 (Statements and information included in voters’ pamphlets), 251.055 (Type of material to be excluded from pamphlet) and 251.315 (Information required to be included in voters’ pamphlet) by sections 4 to 6 of this 2021 Act apply to all voters’ pamphlets distributed on or after June 30, 2022. [2021 c.464 §10]

Source: Section 251.167 — Secretary of State creation of list of five most commonly spoken languages; public access and distribution; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors251.­html.

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
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