Laws governing local ballot measures in Oregon

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

All Oregon cities and counties have an initiative and referendum process for local ballot measures.

This article sets out the laws governing local ballot measures in Oregon. It explains:

• Which local units of government make the initiative process available to residents.
• How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
• An overview of laws governing local recall elections.

Types of local government

Local government in Oregon consists of 36 counties and 241 cities. In addition, there are 1002 special districts and 230 independent school districts.

Further classifications:

Counties may be:

• General law: of which there are 27
• Home rule charter: of which there are 9. Lane and Washington were the first to adopt home rule in 1962, followed by Hood River (1964), Multnomah (1967), Benton (1972), Jackson (1978), Josephine (1980), Clatsop (1988) and Umatilla (1993).

Cities may be:

• General law: of which there are 130
• Home rule charter: of which there are 111

School districts

See also: School bond and tax elections in Oregon

In Oregon, ballot questions are required if a school district wants to issue bonds.

Local recall rules

The citizens of Oregon are granted the authority to perform a recall election by Article 2, Section 18 of the Oregon Constitution.

For additional detail, see: Laws governing recall in Oregon

Campaign finance rules

See also: Campaign finance requirements for Oregon ballot measures

Initiative process availability

Initiative is available for citizens of all cities and counties in Oregon.

• General law cities
• Charter cities (for ordinances and charter amendments)
• General law counties
• Charter counties (for county measures and charter amendments)

Authority

Ballot Law Portal

Laws Governing Ballot Measures

Constitution

Art. VI, Section 10 reserves the initiative power for county legislation and charter amendments in charter counties.

See law: Oregon Constitution, Article VI, Section 10

Art. IV, Section 1(5) reserves the initiative power to citizens in all cities.

“

(5) The initiative and referendum powers reserved to the people by subsections (2) and (3) of this section are further reserved to the qualified voters of each municipality and district as to all local, special and municipal legislation of every character in or for their municipality or district. The manner of exercising those powers shall be provided by general laws, but cities may provide the manner of exercising those powers as to their municipal legislation. In a city, not more than 15 percent of the qualified voters may be required to propose legislation by the initiative, and not more than 10 percent of the qualified voters may be required to order a referendum on legislation.

”

See law: Oregon Constitution, Article IV, Section 1(5)

A guide to local ballot initiatives

Statutes

The laws governing initiative in Oregon are in the Oregon Revised Statutes, Chapter 250. There are general provisions applicable to counties and cities in Sections 250.005 to 250.043.

See law: Oregon Revised Statutes, Sections 250.005 to 250.043

General law counties have a state-set process for initiative in Oregon Revised Statutes Sections 250.155 to 250.235. Charter counties must allow initiative under the Constitutional provision. A charter county may use the general law process, or adopt alternative provisions by charter or ordinance, subject to the Constitutional signature requirements.

See law: Oregon Revised Statutes, Sections 250.155 to 250.235

Cities must allow initiative under the Constitutional provision. There is a state-set process in Oregon Revised Statutes Sections 250.265 to 250.346, but cities are allowed to alter certain requirements such as different filing deadlines and signature percentages, subject to the Constitutional signature percentage limits. ORS 221.210 makes the same initiative process available for charter amendments, but charter cities may again change particular requirements by charter.

See law: Oregon Revised Statutes, Sections 250.255, 250.265 to 250.346Section 221.210

Initiative process features

Local I&R Laws in the 50 States

Source:Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns

Counties

County Initiative Process   The initiative process for counties is governed by the Oregon Revised Statutes Sections 250.155 to 250.235. Charter counties may adopt alternative provisions, such as different filing deadlines. Petition form and pre-approval: A prospective petition must be filed with the county clerk. The Secretary of State designed the required form, which is available at the website below. The petition must include the full text of the proposed law and shall embrace one subject only and matters properly connected therewith. Oregon Constitution, Article IV, Section 1(2)(d) ORS Sec. 250.165, 168 Oregon Secretary of State, I&R Petitions Signature requirements in general law counties: A petition to initiate a county measure must contain at least the number of signatures of electors residing in the county equal to 6% of the total number of votes cast in the county for all candidates for Governor at the election at which a Governor is elected for a four-year term next preceding the filing of the petition for verification of signatures. Oregon Revised Statutes, Section 250.205 Signature requirements in charter counties: 6% of the total number of votes cast in the county for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition shall be required for a petition to propose an initiative ordinance. 8% of the total number of votes cast in the county for all candidates for Governor at the election at which a Governor was elected for a term of four years next preceding the filing of the petition shall be required for a petition to propose a charter amendment. Oregon Constitution, Article VI, Section 10 Circulation period: Unless otherwise provided by a county ordinance, the gathering of signatures on a petition to initiate a county measure may not exceed a period of two years from the time the petition is approved for circulation. A petition to initiate a county measure must be filed not less than 90 days before the election at which the proposed law is to be voted on. Oregon Revised Statutes, Section 250.165 Circulator restrictions: Circulators may be paid, but not based on the number of signatures obtained. Oregon Constitution, Article IV, Section 1(b)< Submitting signatures: Petitions are filed with the county clerk. Oregon Revised Statutes, Section 250.215 Election procedure: If an initiative petition contains the required number of verified signatures, the election on the county measure shall be held on the next available election date in ORS 203.085 that is not sooner than the 90th day after the measure was filed with the county clerk. Oregon Revised Statutes, Section 250.221 Majority required: Majority vote passes the initiated measure. Oregon Constitution, Article IV, Section 1(4)(d)

Cities

Cities Initiative Process   The initiative process for cities is governed by Oregon Constitution Article IV, Section 1 and Oregon Revised Statutes Sections 250.265 to 250.346. In charter cities, initiative is available for ordinances and charter amendments. Charters may alter some statutory provisions, such as different signature requirements, filing deadlines, or election timing. Petition form and pre-approval: A prospective petition must be filed with the city elections officer. The Secretary of State designed the required form, which is available at the website below. The petition must include the full text of the proposed law and shall embrace one subject only and matters properly connected therewith. Oregon Constitution, Article IV, Section 1(2)(d) Oregon Revised Statutes Sec. 250.265 Oregon Secretary of State, I&R Petitions Signature requirements in general law cities: A petition to initiate a city measure must be signed by not less than 15% of the electors registered in the city at the time the prospective petition is filed Oregon Revised Statutes, Section 250.305 Signature requirements in charter cities: Charter cities may set a signature requirement lower than 15% of registered voters. Many have done so, either by setting a lower percentage of registered voters, or by basing the percentage on actual votes cast in a previous election. Specific information on the top ten most populated cities in Oregon (all of which have a charter) is available below. Oregon Constitution, Article IV, Section 1(5) Oregon Revised Statutes Sec. 250.265 Circulation period: Unless otherwise provided by a city ordinance, the gathering of signatures on a petition to initiate a city measure may not exceed a period of two years from the time the petition is approved for circulation. A petition to initiate a city measure must be filed not less than 90 days before the election at which the proposed law is to be voted on. Oregon Revised Statutes, Section 250.265 Circulator restrictions: Circulators may be paid, but not based on the number of signatures obtained. Oregon Constitution, Article IV, Section 1(b) Submitting signatures: Petitions are filed with the city elections officer. In some cities, this role is handled by the recorder. Oregon Revised Statutes, Section 250.315 Election procedure: The governing body has 30 days after receiving the certified measure to adopt or reject the measure, unless the measure is required to be submitted to city electors under the city charter or state law (many charters provide a direct to election process for charter amendments). If the measure is not adopted, or the measure is required to be submitted to city electors under the city charter or state law, it shall be submitted to city electors on the next available election date in ORS 221.230 held not sooner than the 90th day after the measure was filed with the city governing body. Oregon Revised Statutes, Section 250.325 Majority required: Generally, majority vote passes the initiated measure. Some tax issues contain additional requirements to pass. Oregon Constitution, Article IV, Section 4(d)

Initiative in the top 10 most populated cities

List of Most Populated Cities in Oregon
City	Population	City Type	Next election
Portland	593,820	Charter	Specified in Petition
Eugene	156,929	Charter	May or November Even
Salem	156,244	Charter	May or November
Gresham	107,439	Charter	November Even
Hillsboro	93,455	Charter	No Later Than November Even
Beaverton	91,625	Charter	November Even
Bend	77,905	Charter	Next Available
Medford	75,501	Charter	Next Available
Springfield	59,695	Charter	Next Available
Corvallis	54,674	Charter	Next Available

The top 10 most populated cities in Oregon are all governed under a home rule charter. Initiative is available for ordinances and charter amendments. The initiative process for cities is generally governed by the Oregon Constitution Article IV, Section 1 and Oregon Revised Statutes Chap. 250 as provided above. However, charter cities may differ from the statutes and set their own signature percentages, filing deadlines, or additional requirements. The requirements altered by the city charter or code are provided below. Charter cities must follow the state rules regarding form of petitions and pre-filing.

Individual city provisions   Portland Population as of the July, 2011 census update: 593,820 Charter city Signature requirement is 9% of the number of electors registered in the city on the date of the primary municipal election immediately preceding the date the prospective petition is filed (Portland Code, Sec. 2.04.090). Chief petitioners must be registered voters of the city. Petitions must be filed for signature verification no less than 4 months before the election date specified on the petition. If petition is sufficient, council has 30 days to pass or the initiated measure will be submitted at the regular primary or general election specified on the petition. Portland Code, Chap. 2.04 Portland Citizen Initiative Petition Information Packet, Office of City Auditor Eugene Population as of the July, 2011 census update: 156,929 Charter city Signature requirement is 15% of the number of votes cast for the office of mayor at the mayoral election last preceding the date when circulation of the petition begins. Filing is done with the city recorder. The date of the first signature on the petition cannot be later than 90 days after the issuance of the ballot title on the measure; and the completed petition is submitted to the city recorder for signature verification no later than 100 days after the date of the first signature on the petition. Eugene also allows a petitioner to designate an initiated ordinance as a "protected ordinance", which makes it harder for the council to amend or repeal the measure once it passes. Eugene Code, Secs. 2.972 to 2.989Eugene Charter, Sec. 32-A Salem Population as of the July, 2011 census update: 156,244 Charter city Signature requirement is 15% of the votes cast for the office of mayor at the last preceding election. Filing is done with the city recorder. Petitions must be filed within 110 days after the date stamped on the prospective petition by the city recorder. Initiated ordinances not enacted by council, tax levy or bond issues, and charter amendments shall be submitted on the next available election date in May or November after the city recorder certifies and files the petition. Salem Code, Secs. 11.240 to 11.450 Gresham Population as of the July, 2011 census update: 107,439 Charter city Signature requirement is 3% of the electors registered in the city at the time the prospective petition is filed. The city code generally mirrors the default state process, except initiated charter amendments require 60% approval to pass. Gresham Code, Art. 2.04Gresham Charter, Sec. 45A Hillsboro Population as of the July, 2011 census update: 93,455 Charter city Signature requirement is 15% of the total number of registered voters in the city on January 1st of the calendar year the petition is filed. Filing is done with the city recorder. No initiative petition may be accepted for signature verification more than 6 months after the date of the recorder’s initial certification of the prospective petition. Hillsboro Code, Sec. 1.12.120 to .180 Beaverton Population as of the July, 2011 census update: 91,625 Charter city City code largely references the general law requirements as provided above. It specifies that a prospective petition shall be filed within two years of the date by which the completed petition must be filed. Elections on initiated measures are to be held at the statewide November general election in even numbered years, although an earlier election may be an option under state law. Beaverton City Code, Sec. 2.06.400 to .410 Bend Population as of the July, 2011 census update: 77,905 Charter city Follows the general law requirements as provided above with no alternative provisions in the city charter or code. Bend City Code, Title 1, Chap. 1.25 Medford Population as of the July, 2011 census update: 75,501 Charter city Follows the general law requirements as provided above, except the signature requirement is 15% of the number of votes cast for the office of mayor at the regular election last preceding the deposit of the petition at the office of the recorder after its circulation. Medford Code, Sec. 2.115 Springfield Population as of the July, 2011 census update: 59,695 Charter city Follows the general law requirements as provided above, except the signature requirement is 15% of the votes cast for mayor at the last regular election for mayor. Springfield Code, Sec. 2.230 to 2.280 Corvallis Population as of the July, 2011 census update: 54,674 Charter city Follows the general law requirements as provided above, except the signature requirement is 15% of the votes cast for Mayor at the last preceding municipal election. Corvallis Charter, Chap. 6, Sec. 32

External links

• Ballotpedia research document of Oregon local I&R laws
• League of Oregon Cities
• Charter cities of Oregon, League of Oregon Cities