Special District Elections

ORS 255.424
Notice requirements to bring action

  • reimbursement of reasonable costs


(1)

An individual who meets the qualifications set forth in ORS 255.411 (Violations of ORS 255.405) (2) and who intends to file an action alleging a qualifying district’s electoral system fails to comply with ORS 255.405 (Requirements for qualifying district elections) shall first notify the board of the qualifying district by certified mail. The notice shall:

(a)

Be in writing;

(b)

Identify and provide contact information for the individual who intends to file the action;

(c)

Identify the protected class whose members do not have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election because of alleged vote dilution or abridgement or polarized voting; and

(d)

Include a proposed remedy to cure the alleged violation of ORS 255.405 (Requirements for qualifying district elections).

(2)

An individual who sends notice under subsection (1) of this section may not commence an action under ORS 255.411 (Violations of ORS 255.405) to enforce compliance with ORS 255.405 (Requirements for qualifying district elections) within 90 days of the receipt of the notice by the board of the qualifying district.

(3)

Within 90 days of receiving a notice sent under subsection (1) of this section, the board of a qualifying district may pass a resolution outlining its intention to alter its electoral system in order to ensure compliance with ORS 255.405 (Requirements for qualifying district elections). A resolution passed under this subsection shall set forth:

(a)

The specific steps the board of a qualifying district will take to comply with ORS 255.405 (Requirements for qualifying district elections); and

(b)

The time frame for accomplishing the steps set forth in paragraph (a) of this subsection.

(4)

If the board of a qualifying district passes a resolution under subsection (3) of this section within 90 days of receiving a notice sent under subsection (1) of this section, the individual who sent the notice under subsection (1) of this section may not commence an action to enforce compliance with ORS 255.405 (Requirements for qualifying district elections) within 90 days of passage of the resolution.

(5)

(a) If, following receipt of a notice sent under subsection (1) of this section, the board of a qualifying district passes a resolution establishing a new electoral system in order to comply with ORS 255.405 (Requirements for qualifying district elections), the individual who sent the notice may make a demand for reimbursement of the costs incurred by the individual in conducting the research necessary to file the action. A demand made under this subsection must:

(A)

Be in writing;

(B)

Be received by the board of a qualifying district within 30 days of the board passing the resolution; and

(C)

Include financial documentation, such as a detailed invoice for demographic services, that support the demand.

(b)

The board of a qualifying district may request additional documentation if the documentation provided under paragraph (a) of this subsection is insufficient for the board to corroborate the claimed costs.

(6)

(a) In response to a demand for reimbursement made under subsection (5) of this section, the board of a qualifying district shall, within 60 days of receiving the demand:

(A)

Reimburse the reasonable costs of the individual who sent the notice; or

(B)

Reimburse the individual who sent the notice in an amount mutually agreed to by the parties.

(b)

If more than one individual files a demand for reimbursement under subsection (5) of this section, the board of a qualifying district shall, within 60 days of receiving each demand:

(A)

Reimburse the reasonable costs of each individual who sent the notice; or

(B)

Reimburse each individual who sent the notice in an amount mutually agreed to by the parties.

(c)

(A) Except as provided in subparagraph (B) of this paragraph, the total amount of moneys that the board of a qualifying district shall reimburse pursuant to demands for reimbursement made under subsection (5) of this section may not exceed $30,000.

(B)

The total amount of moneys that the board of a qualifying district shall reimburse pursuant to demands for reimbursement made under subsection (5) of this section may not exceed $5,000 if the qualifying district is a school district, as defined in ORS 332.002 (Definitions for chapter), that has 500 or fewer students. [2019 c.449 §6]

Source

Last accessed
Jun. 26, 2021