Laws governing the initiative process in Oregon
Laws and procedures
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 known as single-subject rules.
See law: Oregon Constitution, Article IV, Section 1 (1d) and 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 and Oregon Revised Statutes, Chapter 250
Veto referendums on emergency legislation
In Oregon, veto referendums cannot be used on emergency legislation.
See law: Oregon Constitution, Article IV, Section 1
Competing initiatives
Oregon law does not address the approval of conflicting ballot measures.
However, in 1908, two ballot measures were approved that concerned the regulation of 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 Ultimately, the Oregon Legislature repealed the conflicting laws and negotiated a joint-management scheme with Washington State.[1]
See law: Oregon Constitution, Article IV, Section 1 and 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 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.[2][3][4]
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 up to three chief petitioners. After these items have been submitted, the Elections Division provides petitioners with cover and signature sheet templates for gathering preliminary signatures.[5]
- Required forms for the initiative process can be found here.
See law: Oregon Constitution, Article IV, Section 1 and Oregon Revised Statutes, Chapter 250.045 and 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 comply with the state constitution.[5]
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" vote and a "no" vote, and an impartial 125-word summary of the measure. This ballot 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 is allowed to 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.[5]
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.[5]
- 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 and 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 to qualify a measure for the ballot in Oregon is tied to the number of votes cast for the office of governor in the state's most recent gubernatorial election. Valid signatures equaling eight (8) percent of these votes are needed for initiated constitutional amendments, and signatures equal to six (6) percent of these votes are required for initiated state statutes. Signatures equal to four (4) percent of the votes cast for governor are needed for a veto referendum.
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with gubernatorial election years bolded.| Year | Amendment | Statute | Veto referendum |
|---|---|---|---|
| 2026 | 160,551 | 120,413 | 80,276 |
| 2024 | 160,551 | 120,413 | 80,276 |
| 2022 | 149,360 | 112,020 | 74,680 |
| 2020 | 149,360 | 112,020 | 74,680 |
| 2018 | 117,578 | 88,184 | 58,789 |
| 2016 | 117,578 | 88,184 | 58,789 |
| 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 and Oregon Revised Statutes, Chapter 250
Restrictions on circulators
Circulator requirements
- See also: Petition circulator
In Oregon circulators are permitted to sign the petition that they are circulating.[6] Each initiative petition contains a mandatory circulator affidavit. Circulators are not required to sign these affidavits before a public notary, but must swear to and sign a statement, under the penalty of law, that they personally witnessed every act of signing the petition. Paid circulators must complete training and be registered with the secretary of state, and all circulators must sign certification before filing.[7] Once circulation is completed, the petition are filed with the secretary of state. Petitions of paid circulators must be filed monthly.[8] Chief petitioners must ensure that criminal background checks have been performed on paid circulators.[9]
See law: Oregon Administrative Rule - 165-014-0270, Oregon Revised Statutes - 250.045, Oregon Revised Statutes - 250.105 and Senate Bill 148
Pay-per-signature
- See also: Pay-per-signature
Oregon prohibits paying signature gatherers based on the number of signatures collected.
The ban was challenged but upheld in Prete v. Bradbury in 2006.
Oregon also requires 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. Oregon requires any organization or person that pays persons to gather signatures to register with the state.
See law: Oregon Constitution, Article IV, Section 1b & Prete v. Bradbury
Out-of-state circulators
Oregon does not require petition circulators to reside in the state.
See law: Oregon Constitution, Article IV, Section 1 and 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 from 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 that differentiates the petition sheets of 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
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 that were collected more than a month before any given monthly submission will not be counted. 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) and 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 raw signature must contain at least the required number of valid 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 do count toward the final total.[5]
See law: Oregon Constitution, Article IV, Section 1 ; Oregon Revised Statutes, Chapter 250.105 and Oregon Administrative Rules, Chapter 165, Division 14, Section 0030
Ballot title and summary
- See also: Ballot title
In addition to a generic title (e.g. 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 effects of a "yes" vote and a "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. This explanation and one set of arguments for and against an initiative are created by the Oregon Citizens' Initiative Review Commission.
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 and Chapter 250.035 - 250.085 and 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. The committee may draft a longer "statement of financial impact" 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 Oregon Department of Revenue, and a local representative with expertise in local government finance, who is selected by the other members.
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 three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications 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 and 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 within 60 days of the decision in question. 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.[5]
See law: Oregon Administrative Rules, Chapter 165, Division 14, Section 0028 and Oregon Revised Statutes, Chapter 183.484 ; Chapter 246.910 and Chapter 251.235
Legislative alteration
- See also: Legislative alteration
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, which consists of a majority vote in both chambers.[10]
See law: Oregon Constitution, Article IV, Section 1
Re-attempting an initiative
Oregon does not limit how soon an initiative can be re-attempted.[11]
See law: Oregon Constitution, Article IV, Section 1 and Oregon Revised Statutes, Chapter 250
Funding an initiative campaign
Some of the notable features of Oregon's campaign finance laws are:
- Groups in support of or opposition to a ballot measure are treated the same as other political committees.
- Oregon has real-time electronic campaign finance reporting.
- Oregon requires the lead petitioners of any political committee to disclose their personal finances to the State of Oregon.
State initiative law
Article IV of the Oregon Constitution addresses initiatives.
Chapter 250 of the Oregon Revised Statutes governs initiatives.
External links
- Oregon Secretary of State, "State Initiative and Referendum Manual," 2010
- Oregon Secretary of State, "Campaign Finance Manual," 2020
- Oregon Secretary of State, "Initiatives, Referendums and Referrals"
- Oregon Secretary of State, "Election History"
Footnotes
- ↑ The Oregon History Project, "Protect the Salmon," accessed December 2, 2021
- ↑ NCSL, "Drafting the Initiative Proposal," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," accessed May 19, 2011
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 Oregon Secretary of State, "State Initiative and Referendum Manual," 2020
- ↑ Oregon Secretary of State, "Oregon Administrative Rule - 165-014-0270," accessed December 2, 2021
- ↑ Oregon Legislature, "Oregon Revised Statutes - 250.045," accessed December 2, 2021
- ↑ Oregon Legislature, "Oregon Revised Statutes - 250.105," accessed December 2, 2021
- ↑ OregonLive.com, "Senate Bill 148," accessed December 23, 2013
- ↑ NCSL, "Limiting the Legislature's Power to Amend and Repeal Initiated Statutes," June 28, 2011
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
Changes in the law
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Oregon. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2022
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2021
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2020
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2019
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2018
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2017
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2016
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2015
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2014
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2013
The following initiative related bills were approved by the legislature in 2013:
The following bills were introduced in the Oregon State Legislature:
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2012
2011
The following bills were introduced in the Oregon State Legislature:
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2010
The following bills were introduced in the Oregon Legislature:
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.[2] |
