Difference between revisions of "Laws governing local ballot measures in Oregon"

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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.
 
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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Sections 250.005 to 250.043]''</span>
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html Oregon Revised Statutes, Sections 250.005 to 250.043]''</span>
  
 
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.
 
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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Sections 250.155 to 250.235]''</span>
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html Oregon Revised Statutes, Sections 250.155 to 250.235]''</span>
  
 
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.
 
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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Sections 250.255, 250.265 to 250.346][http://www.leg.state.or.us/ors/221.html Section 221.210]''</span>
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] <span style="color:#404040">'''''See law:''' [http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html Oregon Revised Statutes, Sections 250.255, 250.265 to 250.346][http://www.leg.state.or.us/ors/221.html Section 221.210]''</span>
  
 
==Initiative process features==
 
==Initiative process features==
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'''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.
 
'''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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[[Article IV, Oregon Constitution|Oregon Constitution, Article IV, Section 1(2)(d)]] [http://www.leg.state.or.us/ors/250.html ORS Sec. 250.165, 168]''  
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[[Article IV, Oregon Constitution|Oregon Constitution, Article IV, Section 1(2)(d)]] [http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html ORS Sec. 250.165, 168]''  
  
 
[http://www.oregonvotes.org/pages/irr/petitions/index.html Oregon Secretary of State, I&R Petitions]
 
[http://www.oregonvotes.org/pages/irr/petitions/index.html Oregon Secretary of State, I&R Petitions]
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'''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.
 
'''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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Section 250.205]''
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html 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.
 
'''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.
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'''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.
 
'''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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Section 250.165]''
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html Oregon Revised Statutes, Section 250.165]''
  
 
'''Circulator restrictions:''' Circulators may be paid, but not based on the number of signatures obtained.
 
'''Circulator restrictions:''' Circulators may be paid, but not based on the number of signatures obtained.
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'''Submitting signatures:''' Petitions are filed with the county clerk.  
 
'''Submitting signatures:''' Petitions are filed with the county clerk.  
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Section 250.215]''
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html 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.
 
'''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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Section 250.221]''
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html Oregon Revised Statutes, Section 250.221]''
  
 
'''Majority required:''' Majority vote passes the initiated measure.
 
'''Majority required:''' Majority vote passes the initiated measure.
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'''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.
 
'''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.
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law|11px]] ''[[Article IV, Oregon Constitution|Oregon Constitution, Article IV, Section 1(2)(d)]] [http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes Sec. 250.265]
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law|11px]] ''[[Article IV, Oregon Constitution|Oregon Constitution, Article IV, Section 1(2)(d)]] [http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html Oregon Revised Statutes Sec. 250.265]
  
 
[http://www.oregonvotes.org/pages/irr/petitions/index.html Oregon Secretary of State, I&R Petitions]''
 
[http://www.oregonvotes.org/pages/irr/petitions/index.html Oregon Secretary of State, I&R Petitions]''
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'''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
 
'''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
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Section 250.305]''
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html 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.
 
'''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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law|11px]] ''[[Article IV, Oregon Constitution|Oregon Constitution, Article IV, Section 1(5)]] [http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes Sec. 250.265]''
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law|11px]] ''[[Article IV, Oregon Constitution|Oregon Constitution, Article IV, Section 1(5)]] [http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html 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.
 
'''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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Section 250.265]''
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html Oregon Revised Statutes, Section 250.265]''
  
 
'''Circulator restrictions:''' Circulators may be paid, but not based on the number of signatures obtained.
 
'''Circulator restrictions:''' Circulators may be paid, but not based on the number of signatures obtained.
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'''Submitting signatures:''' Petitions are filed with the city elections officer. In some cities, this role is handled by the recorder.
 
'''Submitting signatures:''' Petitions are filed with the city elections officer. In some cities, this role is handled by the recorder.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Section 250.315]''
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html 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.
 
'''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.
  
[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.leg.state.or.us/ors/250.html Oregon Revised Statutes, Section 250.325]''
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[[File:DocumentIcon.jpg|link=Portal:Ballot measure law]] ''[http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors250.html Oregon Revised Statutes, Section 250.325]''
  
 
'''Majority required:''' Generally, majority vote passes the initiated measure.  Some tax issues contain additional requirements to pass.   
 
'''Majority required:''' Generally, majority vote passes the initiated measure.  Some tax issues contain additional requirements to pass.   

Revision as of 12:51, 7 April 2014


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Laws Governing Local Ballot Measures

State-by-State Laws
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Terms
InitiativeHome ruleGeneral law cityCharter cityPetitionCirculation periodCirculatorPaid circulatorVolunteer circulatorCirculator affidavitSignerValid signatureForged signatureFraudulent signatureInvalid signatureElectronic petition signatureLegislative tamperingRegistered 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.[1]

Further classifications:

Counties may be:

  • General law: of which there are 27
  • Home rule charter: of which there are 9.[2] 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).[3]

Cities may be:

  • General law: of which there are 130
  • Home rule charter: of which there are 111[4]

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)[5]

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.

DocumentIcon.jpg 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.[6]

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

A guide to local ballot initiatives
Local Ballot Initiatives cover.jpg

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.

DocumentIcon.jpg 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.

DocumentIcon.jpg 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.

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

Counties


Cities


Initiative in the top 10 most populated cities

List of Most Populated Cities in Oregon
City[7] Population City Type Next election
Portland 593,820 Charter November 4, 2014
Eugene 156,929 Charter N/A
Salem 156,244 Charter N/A
Gresham 107,439 Charter N/A
Hillsboro 93,455 Charter N/A
Beaverton 91,625 Charter N/A
Bend 77,905 Charter N/A
Medford 75,501 Charter N/A
Springfield 59,695 Charter N/A
Corvallis 54,674 Charter N/A

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.



External links

References