Laws governing the initiative process in Oregon

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Citizens of Oregon may initiate legislation as either a state statute or a constitutional amendment. In Oregon, citizens also have the power to repeal legislation via veto referendum. The Oregon State Legislature may also place measures on the ballot as legislatively-referred constitutional amendments or legislatively-referred state statutes with a majority vote of each chamber.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the scope and content of proposed initiatives. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

In Oregon, each proposed measure must address only one subject. Such laws are also known as single-subject rules.

See law: Oregon Constitution, Article IV, Section 1 (1d) & Article XVII, Section 1

Subject restrictions

See also: Subject restrictions (ballot measures)

Oregon does not restrict the subject matter of ballot measures. In addition, measures are not required to specify a funding source for mandated expenditures.

See law: Oregon Constitution, Article IV, Section 1 & Oregon Revised Statutes, Chapter 250

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Oregon ballot measures

Oregon law does not address the approval of conflicting ballot measures.

However, in 1908, two ballot measures were approved, regulating fishing in the Columbia river. Each restricted fishing in only a portion of the river. However, since both were approved, almost the entire river was off limits to fisherman--an effect not intended by voters. Furious, the fisherman flagrantly disobeyed the laws. The Oregon Master Fish Warden, in an attempt to enforce the statutes, began arresting fisherman not only on the Oregon side of the river but on the Washington side as well. This led to a conflict between the states that was initially resolved by a federal judicial injunction against the laws. Ultimately, the Oregon Legislature repealed the conflicting laws and negotiated a joint-management scheme with Washington State.

See law: Oregon Constitution, Article IV, Section 1 & Oregon Revised Statutes, Chapter 250

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

Oregon is one of several states that require a certain number of signatures to accompany the prospective petition filing. The signatures of at least 1,000 electors are required. Prior to gathering these signatures, petitioners must submit the text of the measure, a form disclosing their planned use of paid circulators, and a form designating three chief petitioners. After these items have been submitted, the Elections Division provides petitioners with cover and signature sheet templates for gathering preliminary signatures.

• Required forms for the initiative process can be found here.

See law: Oregon Constitution, Article IV, Section 1 & Oregon Revised Statutes, Chapter 250.045 & 250.052

Proposal review/approval

See also: Approved for circulation

Once the prospective petition signatures have been submitted, the Secretary of State confirms that the sheets are in the proper form and verifies the signatures using a random sample method. If the signatures are sufficient, the Secretary forwards the petition to Attorney General to receive a ballot title. At this time, the Secretary also sends the petition and a notice of the successful verification to the chief petitioners, the legislative assembly, and any person subscribing to the "interested party" service. This distribution begins a period of public comment on the constitutionality of the prospective petition. After the public comments have been received, the Secretary (consulting with the Attorney General) issues a statement declaring that the measure either complies or does not complies with the state constitution (e.g. the single-subject rule).

Meanwhile, the Attorney General prepares a ballot title for the proposed measure. This title includes a 15-word caption, two 25-word statements explaining the effect of a yes or no vote, and an impartial 125-word summary of the measure. This title is then sent to the Elections Division which distributes the draft title to the same parties that received the prospective petition. This also begins a period of public comment--any elector may submit a comment. These comments are then forwarded to the Attorney General who revises and certifies a final title. The Elections Division then sends the final title to the same parties that received the draft.

Once the ballot title is finalized, the Elections Division provides the chief petitioners with official cover and signature sheet templates. Petitioners then complete these templates and submit them for final approval by the Elections Division.

• An example of an approved ballot title can be found here.

See law: Oregon Constitution, Article IV, Section 1 ; Oregon Revised Statutes, Chapter 250.035 - 250.085 & Oregon Administrative Rules, Chapter 165, Division 14, Section 0028 - 0030

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Number required

See also: Oregon signature requirements

The number of signatures required is tied to the number of votes cast for the office of governor in the state's most recent gubernatorial election. Valid signatures equaling 8% of this vote are needed for initiated constitutional amendments and signatures equal to 6% of this vote are required for initiated statutes. Signatures equal to 4% of the votes cast for governor are needed for a veto referendum.

Year	Amendment	Statute	Veto referendum
2014	116,284	87,213	58,142
2012	116,284	87,213	58,142
2010	110,358	82,769	55,179
2008	110,358	82,769	55,179

See law: Oregon Constitution, Article IV, Section 1

Distribution requirements

See also: Distribution requirements

Oregon does not have a distribution requirement for petition signatures.

See law: Oregon Constitution, Article IV, Section 1 & Oregon Revised Statutes, Chapter 250

Restrictions on circulators

Pay-per-signature

See also: Pay-per-signature

Oregon bans paying petition circulators by the signature. This ban was challenged but upheld in Prete v. Bradbury. In addition, paid signature gatherers are required to register with the state and carry "evidence of registration" with them as they gather. By law, this evidence must include a photo of the circulator and his or her registration number. As part of this registration, petition circulators must also complete a training course.

See law: Oregon Constitution, Article IV, Section 1b & Prete v. Bradbury

Out-of-state circulators

See also: Residency requirements for petition circulators

Oregon does not require petition circulators to reside in the state.

See law: Oregon Constitution, Article IV, Section 1 & Oregon Revised Statutes, Chapter 250

Badge requirements

See also: Badge requirements

Oregon requires that paid petition circulators be identified by their petition form. The color of petition sheets circulated by paid gatherers must be different than the color of those circulated by volunteers. If proponents pay anyone to collect signatures, all petitions forms must prominently feature, in bold type, the words: "Some Circulators For This Petition Are Being Paid." In addition, the sheets must explain the color scheme for differentiated volunteer and paid circulators.

See law: Oregon Revised Statutes, Chapter 250.045

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Oregon law assumes that petitions will be printed on paper. For example, it grants the Secretary of State the authority to designate the quality of the paper to be used.

See law: Oregon Revised Statutes, Chapter 250.015

Deadlines for collection

See also: Petition drive deadlines; Circulation period

Signatures for Oregon initiatives must be submitted four months prior to the next regular general election. Since these elections are scheduled biennially, petitioners have approximately two years to circulate petitions. To maximize the circulation period, petitioners should make their initial filing shortly after the final filing deadline for the election prior to the election at which the measure will be considered. If signatures are submitted at least 165 days before an election and the petition is found insufficient, additional signatures can be submitted prior to the final deadline.

In addition to the final deadline, Oregon imposes special deadlines for submitting signatures gathered by paid circulators. Paid gatherers must submit their signatures after every month--signatures from earlier months may not be submitted. The exact day of the month for submitting these signatures is set by the Secretary of State.

See law: Oregon Constitution, Article IV, Section 1 (2e,4c) & Oregon Revised Statutes, Chapter 250.105

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

In Oregon, signatures are verified using a random sample method. Under certain circumstances, petitioners can continue to collect signatures during the verification process. In order to be filed, the first round of signature must contain at least the required number of signatures. If this round is submitted at least 165 days before an election and does not contain enough valid signatures, additional signatures can be submitted prior to the final deadline. The 1,000 preliminary signatures count toward the final total.

See law: Oregon Constitution, Article IV, Section 1 ; Oregon Revised Statutes, Chapter 250.105 & Oregon Administrative Rules, Chapter 165, Division 14, Section 0030

Ballot title and summary

See also: Ballot title

In addition to a generic title (Measure 70, Measure 71, Measure 72), each Oregon ballot measure also receives a ballot title prior to circulation. This title contains a 15-word caption, two 25-word statements explaining the effect of a yes or no vote, and an impartial 125-word summary of the measure. In addition, the measure receives a fiscal estimate for the ballot and a section in the Oregon Voters' Pamphlet. In addition to the text of the measure and fiscal information, this section contains an explanatory statement and arguments for and against the initiative.

Any person may submit a short argument for or against a ballot measure to be included in the pamphlet. To submit an argument, an individual must either pay a $1,200 fee or collect 500 signatures. A panel of citizens prepares the explanatory statement.

• A example of complete ballot language can be found here.

• A recent voters' pamphlet can be found here.

See law: Oregon Revised Statutes, Chapter 251.185 - 251.235 & Chapter 250.035 - 250.085 & 250.115 - 250.125

Fiscal review

See also: Fiscal impact statement

In Oregon, each measure that affects revenue, expenditure, or indebtedness by more than $100,000 receives an estimate of financial impact. This estimate is included in the voters' pamphlet and on the ballot. If necessary, a longer "statement of financial impact" can also be written explaining the estimate in the voters' pamphlet. The financial estimate committee is responsible for creating these estimates. The committee includes the Secretary of State, the State Treasurer, the Director of the Oregon Department of Administrative Services, the Director of the Department of Revenue, and a local representative (selected by the other members) with expertise in local government finance.

• An example of a financial estimate can be found here.

See law: Oregon Revised Statutes, Chapter 250.125 – 250.131

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

Only ballot measures that propose changing vote requirements require a supermajority. Passed in 1998, Oregon Ballot Measure 63 amended the state constitution to require that:

"Any measure that includes any proposed requirement for more than a majority of votes cast by the electorate to approve any change in law or government action shall become effective only if approved by at least the same percentage of voters specified in the proposed voting requirement."

This provision also applies to legislatively-referred ballot measures.

See law: Oregon Constitution, Article II, Section 23 & Oregon Constitution, Article IV, Section 1 (4d)

Effective date

Ballot measures take effect 30 days after the election at which they are approved.

See law:Oregon Constitution, Article IV, Section 1 (4d)

Litigation

See also: Ballot measure lawsuit news

Any person may appeal the Secretary of State's decision on whether the prospective initiative complies with the state constitution. These appeals should be filed in the Marion County Circuit Court with 60 days of the decision. Challenges to the approved ballot title can only be filed by Oregon voters who officially commented on the draft title. These challenges should be filed in the Oregon Supreme Court. Any person may challenge the explanatory statement or financial estimate. These challenges should also be filed in the Oregon Supreme Court.

See law: Oregon Administrative Rules, Chapter 165, Division 14, Section 0028 & Oregon Revised Statutes, Chapter 183.484 ; Chapter 246.910 & Chapter 251.235

Legislative tampering

See also: Legislative tampering

The Oregon State Legislature may repeal or amend an initiated statute by a simple majority vote. Changes to initiated amendments must follow the ordinary legislative process (a majority vote of both chambers).

See law: Oregon Constitution, Article IV, Section 1

Re-attempting an initiative

Oregon does not limit how soon an initiative can be re-attempted.

See law: Oregon Constitution, Article IV, Section 1 & Oregon Revised Statutes, Chapter 250

Funding an initiative campaign

See also: Campaign finance requirements for Oregon ballot measures

Some of the notable features of Oregon's campaign finance laws are:

• Groups in support or opposition of a ballot measure are treated the same like other political committees.
• Oregon has real-time electronic campaign finance reporting.
• Oregon requires the lead petitioners of an political committee to disclose their personal finances with the State of Oregon.

State initiative law

Article IV of the Oregon Constitution addresses initiatives.

• Article IV, Oregon Constitution

Chapter 250 of the Oregon Revised Statutes governs initiatives.

• Oregon Revised Statutes, Chapter 250

External links

• Oregon Secretary of State, "State Initiative and Referendum Manual," 2010
• Oregon Secretary of State, "Campaign Finance Manual," 2010
• Oregon Secretary of State, "FAQ - Initiative and Referendum"
• Oregon Secretary of State, "Election History Archive"

References

Ballot law
State laws
Initiative law Recall law Statutory changes
Court cases
Lawsuit news Ballot access rulings Recent court cases Petitioner access Ballot title challenges Superseding initiatives Signature challenges
Laws governing local ballot measures

The following laws have been proposed which modify ballot measure law in Oregon.

Proposed changes by year

2012

See also: Changes in 2012 to laws governing ballot measures

As of May 2013, no bills were introduced in the Oregon State Legislature.

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Oregon State Legislature: a Oregon House Bill 2257: Bill description/summary: "House Bill 2257 Allows for or requires the electronic filing of certain documents with the Secretary of State for inclusion in voters’ pamphlets. The measure requires the Secretary of State to adopt an electronic filing system for the filing of these documents using the Internet." d Oregon House Bill 2258: HB 2258 would direct the Oregon Secretary of State to create an election law telephone hotline and empower the Elections Division to more rigorously investigate violations. In addition, the law would require petitioning organizations to collect extensive payroll information for petition circulators. Citizens in Charge Foundation rating: Reduces initiative rights. d Oregon House Bill 2264: Bill description/summary: "Provides for constitutional convention in 2015. Establishes qualifications for delegates, number of delegates and manner of electing delegates. Requires that chairperson of convention certify proposed Constitution to Secretary of State no later than August 21, 2015. Requires that Secretary of State submit proposed Constitution to people for approval or rejection at special election to be held on November 3, 2015. Creates Constitutional Commission to make recommendations to constitutional convention and serve as resource for advice and consultation to constitutional convention. Refers Act to people for their approval or rejection at next regular general election." d Oregon House Bill 2422: Bill description/summary: "Prohibits providing postage prepaid for signature sheet for petition or prospective petition for state measure to be initiated. Declaring emergency, effective on passage. d Oregon House Bill 2431: Bill description/summary: "Requires estimates, portraits, statements and arguments included in voters' pamphlet regarding statewide candidates or measures to be filed electronically with Secretary of State." d Oregon House Bill 2441: Bill description/summary: "Modifies provisions relating to inclusion of names or titles of persons or organizations in argument or statement in voters' pamphlet." a Oregon House Bill 2634: Bill description/summary: "Creates 11-member Citizens’ Initiative Review Commission to facilitate the review by citizen panels of one or more initiative petitions to be voted upon at the next general election. Specifies terms of office and appointment procedures for Commission members. Establishes criteria for selection of initiative(s) to be reviewed, as well as for moderators and citizens to be selected for each panel. Directs Commission to compensate panel members as determined by administrative rule. Directs panels to prepare and file statements in favor and opposed to the measure under review, along with a statement of key findings. Directs the Secretary of State to print the citizen review panel statements in the voters’ pamphlet." d Oregon House Bill 2775: Bill description/summary: "Specifies circumstances under which Secretary of State may invalidate or exclude signatures from statistical sampling used to verify signatures on state initiative or referendum petition." d Oregon House Bill 2776: HB 2776 requires the state to return a list of rejected signatures to the chief petitioners. Persons whose signature is ruled invalid are permitted, under the law, to contact the Secretary or State or county clerk and verify their signature. On certain petitions, the law exempts the personal information of public safety officers from disclosure. Citizens in Charge Foundation rating: Protects/expands initiative rights. d Oregon House Bill 2896: Bill description/summary: "Directs court to award certain damages in action involving false statement of material fact relating to candidate, political committee or measure." d Oregon House Bill 3007: Bill description/summary: "Modifies requirements for ballot title of state measure referred to people by referendum petition." d Oregon House Bill 3491: Bill description/summary: "Modifies provisions relating to inclusion of names or titles of persons or organizations in argument or statement in voters' pamphlet." d Oregon House Bill 3643: Bill description/summary: "Modifies certain provisions relating to state initiative measures that require appropriation or expenditure of public moneys. Takes effect only if House Joint Resolution 40 (2011) is approved by people at next regular general election. Takes effect on effective date of constitutional amendment proposed in House Joint Resolution 40 (2011)." d Oregon House Joint Resolution 40: Bill description/summary: "Proposes amendment to Oregon Constitution to require that initiative petition proposing law or constitutional amendment with fiscal impact also provide new tax or fee or increase in rate of existing tax or fee to cover immediate and future costs of law or amendment. Refers proposed amendment to people for their approval or rejection at next regular general election." d Oregon Senate Bill 159: Bill description/summary: "Makes payment for signature gathering for initiative or referendum petition based on number of signatures obtained for violation of wage and hour statutes." d Oregon Senate Bill 267: Bill description/summary: "Requires chief petitioner of initiative or referendum petition to disclose system of bonuses, incentives or payment or minimum expectation of signatures to be obtained. Prohibits system of bonuses, incentives or payment with effect of paying person per signature obtained. Modifies liability of contractors or subcontractors of chief petitioner with knowledge of violation of law or rule related to circulation of initiative or referendum petition. Provides confidential reporting of certain violations of election law or rule." d Oregon Senate Bill 274: Bill description/summary: "Prohibits providing postage prepaid for signature sheet for petition or prospective petition for state measure to be initiated." d Oregon Senate Bill 451: Bill description/summary: "Requires Legislative Assembly to provide funding for statutes created or amended by initiative petition. Provides that if funding measure is referred by people and defeated, Legislative Assembly need not fund initiated measure. Specifies that if funding measure is referred by people and defeated, Legislative Assembly must again provide funding at next regular session following referendum election." d Oregon Senate Bill 654: Bill description/summary: "Requires the Oregon Criminal Justice Commission to prepare a racial and ethnic impact statement for initiative measures that affect the racial and ethnic composition of the criminal justice offender population or the recipients of human services. Defines “criminal offender population” as those convicted of a felony or adjudicated a delinquent for the commission of what would be a felony if the person were an adult. Defines “recipients of human services” as persons found under the jurisdiction of the juvenile court for a dependency matter or who receive child welfare services. Requires the Secretary of State to have a hearing no later than the 95th day before an election to receive suggested changes to the ethnic impact statement. Applies to elections held after November 2012." d Oregon Senate Bill 911: Bill description/summary: "Requires Secretary of State to establish Initiative and Referendum Hotline for reports of election law or rule violations. Provides that no person may discriminate or retaliate against person who reports violation. Provides civil cause of action. Becomes operative on January 1, 2012." d Oregon Senate Bill 913: Bill description/summary: "Requires estimates, portraits, statements and arguments included in voters' pamphlet regarding statewide candidates or measures to be filed electronically with Secretary of State." d Oregon Senate Bill 914: Bill description/summary: "Creates Citizens' Initiative Review Commission to oversee review of state initiative measures by citizen panels. Directs panels to review state initiative measures and prepare statements to be included in voters' pamphlet. Specifies procedures for appointment of commission, panels and moderators of panels. Sets terms of office." d Oregon Senate Bill 915: Bill description/summary: "Provides that person who contracts or subcontracts with chief petitioner keep detailed accounts. Specifies that chief petitioners, contractors and subcontractors must submit accounts to Secretary of State for inspection every six months or upon ceasing to obtain more signatures on petition or prospective petition, whichever is sooner. Allows Secretary of State to issue temporary provisional registration for paid petition circulators in certain circumstances. Provides that persons who have served sentence for certain convictions during previous five-year period are ineligible to register as paid petition circulator." d Oregon Senate Joint Resolution 22: Bill description/summary: "Allows only certain person or entity to prepare ballot title, if required by law, for measure referred to people by Legislative Assembly. Refers proposed amendment to people for their approval or rejection at next regular general election." d Oregon Senate Joint Resolution 34: Bill description/summary: "Proposes amendment to Oregon Constitution to prohibit appropriation of moneys by initiative measure. Directs Legislative Assembly to raise by taxation or otherwise any moneys necessary to implement initiative laws and amendments to Oregon Constitution approved by people. Refers proposed amendment to people for their approval or rejection at next regular general election." d Oregon Senate Joint Resolution 35: Bill description/summary: "Proposes amendment to Oregon Constitution to require that initiative petition proposing law or constitutional amendment with fiscal impact include source of revenue to pay for proposed law or amendment. Specifies that proposed source of revenue may not draw from existing revenue. Refers proposed amendment to people for their approval or rejection at next regular general election."

2010

See also: Changes in 2010 to laws governing the initiative process

The following bills were introduced in the Oregon Legislature: a Oregon Senate Bill 1015 (2010): SB 1015 is a bill that would end the double-majority requirement for district formation, city charters, consolidations, and mergers. Bill takes affect 91 days after regular session ends. The bill was approved by the Oregon State Senate by a 30-0 vote on February 11, 2010 and passed the Oregon House of Representatives on a 58-0-2 vote on February 19, 2010. The Governor of Oregon signed the bill into law on March 4, 2010. d SB 1043: Allows legislative staff to explain a vote on a legislative-referred measure done by a member of the Oregon House of Representatives or the Oregon State Senate. The bill died in committee without seeing a floor vote in either house of the legislature. a Oregon Senate Bill 998 (2010): SB 998 contains a package of election and campaign finance provisions. Under the law, registration to obtain signatures for recall or referendum is valid until the signature have been filed for verification. The law also permits all long term absent electors to vote by fax. The law alters the requirements to discontinue a statement of organization. In addition, the act mandates that the Secretary of State create and distribute guidelines for setting the boundaries of precincts and electoral districts. Also, the law clarifies that public employees, without violating restrictions on employee political activity during work time, may explain the vote of a lawmaker on acts referred to the people, an act for which prospective referendum petition has been filed, or a constitutional amendment. The raises the fundraising threshold for certain campaign finance compliance measures. It also broadens the prohibition against paying fines for the misuse of contributions with contributed funds. In addition, the law exempts some information on contributors to the Oregon Political Party Fund from certain disclosure requirements. The law also selected a ballot title for and arguments in favor of House Joint Resolution 101. The act gave ballot titles to House Joint Resolution 48 and Senate Joint Resolution 41. The bill was approved by the Oregon State Senate by a 30-0 vote on February 17, 2010 and passed the Oregon House of Representatives on a 36-23 vote on February 25, 2010. The Governor of Oregon signed the bill into law on the same day.