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Oregon Bulletin

August 1, 2012

Secretary of State, Elections Division, Chapter 165

Rule Caption: Amending Voters’ Pamphlet Rules to Reflect Current State Law and Current Policies.

Adm. Order No.: ELECT 11-2012

Filed with Sec. of State: 6-21-2012

Certified to be Effective: 6-21-12

Notice Publication Date: 5-1-2012

Rules Adopted: 165-016-0100, 165-016-0105

Rules Amended: 165-016-0040, 165-016-0045, 165-016-0050, 165-016-0055, 165-016-0070, 165-016-0080

Subject: These rules are proposed for adoption or amendment to clarify the process for submitting candidate statements, measure arguments or statement of arguments by any political party or assembly of electors. These rules set forth the process by which statements, photos, or arguments must be filed as well as the order in which they will appear in the state voters’ pamphlet, allowable formatting and provides a process for contacting statement or argument filers regarding required revisions.

Rules Coordinator: Brenda Bayes—(503) 986-1518

165-016-0040

Candidate Filing Statement

(1) The candidate’s statement of required and optional information must be filed electronically using ORESTAR or on form SEL 430 Candidate’s Statement for State Voters’ Pamphlet.

(2) Required information must include:

(a) Occupation, meaning the nature of an individual’s principal business, whether paid or unpaid;

(b) Occupational background, meaning any previous occupations;

(c) Educational background, meaning any form of training or teaching; and

(d) Prior governmental experience, meaning any previous appointed or elected position with a governmental organization, whether paid or unpaid.

(3) The individual who signs the statement shall be deemed its author, therefore responsible for its contents.

(4) If “This Information Furnished By” is left blank, the candidate’s name will be used.

(5) Candidate statements for each race will be placed in the voters’ pamphlet in the same random alpha order completed under ORS 254.155.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 246.150
Stats. Implemented: ORS 251.046, 251.065, 251.075, 251.085, 251.087 & 251.095.
Hist.: ELECT 28-1990(Temp), f. & cert. ef. 7-13-90; ELECT 33-1990, f. & cert. ef. 8-16-90; ELECT 9-1994, f. & cert. ef. 5-10-94; ELECT 3-1996(Temp), f. & cert. ef. 1-3-96;ELECT 15-1996 , f. & cert. ef. 12-19-96; ELECT 7-1998, f. & cert. ef. 5-8-98; ELECT 3-2000, f. & cert ef. 1-14-00; ELECT 7-2006, f. & cert. ef. 4-18-06; ELECT 11-2012, f. & cert. ef. 6-21-12

165-016-0045

Photographs

(1) If a candidate desires to provide a photograph when filing a candidate statement by paper, the candidate shall:

(a) Provide two identical 5” x 7”photographs;

(b) Identify each photograph on the back upper right hand corner with the candidate’s name as it should appear on the ballot and the office for which the candidate has filed;

(c) Photographs may be filed separately from the candidate’s statement and fee, but must be received in the Elections Division not later than 5 p.m. on the filing deadline day;

(d) Replacement or substitute photographs may be submitted, but must be received in the Elections Division not later than 5 p.m. on the filing deadline day:

(A) The replacement or substitute photograph must be filed using the same specifications as the original photograph;

(B) The photograph must indicate it is a replacement or substitute photograph;

(e) Electronic photos will not be accepted for candidate statements filed by paper.

(2) If a candidate desires to provide a photograph when filing a candidate statement electronically, that photo must be submitted electronically using ORESTAR. Allowable image formats include: .png, .jpg, .gif or bmp.

(a) Photographs may be filed separately from the candidate’s statement, but must be received by the Elections Division not later than 5 p.m. on the filing deadline day;

(b) Replacement or substitute photographs may be submitted, but must be received by the Elections Division not later than 5 p.m. on the filing deadline day.

(3) A candidate’s photograph must be:

(a) Less than four years old when it is filed; and

(b) Front-facing, showing the face, neck and shoulders only. Hands shall not be shown.

(4) It is preferred that a candidate’s photograph be:

(a) Portrait-style 5” x 7” or 1.5” x 1.75” if electronic;

(b) Black and white; and

(c) Matte finish.

(5) Photographs must not:

(a) Display anything in the background (this includes, but is not limited to, backdrops, landscaping, paneling, wallpaper, signs);

(b) Show the candidate wearing clothing which indicates a profession or organization (this includes, but is not limited to, judicial robes, any type of uniform, religious clothing, hats);

(c) Display any symbols which indicate a profession, organization or belief (this includes, but is not limited to, jewelry in the shape of religious symbols, lapel pins of any organization).

(6) Photographs which do not meet the above criteria shall be cropped and airbrushed.

(7) Photographs shall not be returned to the candidate or the candidate’s campaign for review before or after printing of the voters’ pamphlet.

(8) Faxed photos will not be accepted. If a photo is not received by the Elections Division in accordance with (1) or (2) of this rule by 5 p.m. on the filing deadline day, the statement “No Photo Submitted” will appear next to the candidate’s statement in the voters’ pamphlet.

Stat. Auth.: ORS 251.055
Stats. Implemented: ORS 251.087
Hist.: ELECT 28-1990(Temp), f. & cert. ef. 7-13-90; ELECT 33-1990, f. & cert. ef. 8-16-90; ELECT 7-2006, f. & cert. ef. 4-18-06; ELECT 11-2012, f. & cert. ef. 6-21-12

165-016-0050

Arguments Filed in Support or Opposition to Ballot Measures

(1) Any individual or organization may file an argument in support of or opposition to a ballot measure. The ballot measure argument must be filed electronically using ORESTAR or on form SEL 405 Measure Argument for State Voters’ Pamphlet.

(2) The individual who signs the statement shall be deemed its author, therefore responsible for its contents.

(3) Each argument submitted in favor of a measure will be assigned a number. A random number generator program will be used to assign a random order to all arguments submitted in favor of a measure. Arguments in favor of a measure will be placed in the state voters’ pamphlet in the randomly generated order.

(4) Each argument submitted in opposition to a measure will be assigned a number. A random number generator program will be used to assign a random order to all arguments submitted in opposition to a measure. Arguments in opposition to a measure will be placed in the state voters’ pamphlet in the randomly generated order.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 246.150
Stats. Implemented: ORS 251.046 & 251.255

Hist: ELECT 28-1990(Temp), f. & cert. ef. 7-13-90; ELECT 33-1990, f. & cert. ef. 8-16-90; ELECT 9-1994, f. & cert. ef. 5-10-94; ELECT 3-1996(Temp), f. & cert. ef. 1-3-96; ELECT 15-1996, f. & cert. ef. 12-19-96; ELECT 7-1998, f. & cert. ef. 5-8-98; ELECT 3-2000, f. & cert ef. 1-14-00; ELECT 7-2006, f. & cert. ef. 4-18-06; ELECT 11-2012, f. & cert. ef. 6-21-12

165-016-0055

Statement of Arguments by Political Party or Assembly of Electors

(1) The managing officers of any political party or assembly of electors who have nominated candidates may file, for inclusion in the state voters’ pamphlet, a statement of arguments for the success of its principles and election of its candidates on a statewide or county basis or opposing the principles and candidates of other statewide or county political parties or organizations. A statement of arguments must be filed electronically using ORESTAR or on form SEL 420 Precinct Committeeperson/ Political Party/ Assembly of Electors Statement for State Voters’ Pamphlet.

(2) The individual who signs the statement shall be deemed its author, therefore responsible for its contents.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 246.150
Stats. Implemented: ORS 251.046 & 251.115
Hist.: ELECT 15-1996, f. & cert. ef. 12-19-96; ELECT 7-1998, f. & cert. ef. 5-8-98; ELECT 3-2000, f. & cert ef. 1-14-00; ELECT 7-2006, f. & cert. ef. 4-18-06; ELECT 11-2012, f. & cert. ef. 6-21-12

165-016-0070

Material to be Excluded

The Secretary of State shall reject any statement, argument or other material filed for publication in the state voters’ pamphlet which violates the provisions of ORS 251.055:

(1) The Secretary of State shall notify any person submitting a statement, argument or other material of any rejection in the following manner:

(a) By telephone;

(b) By fax;

(c) By email; or

(d) If unable to contact the person by telephone, fax or email, and if voters’ pamphlet timelines permit, by certified mail immediately upon determining a rejection.

(2) Notification of a rejection shall identify the portions of the statement, argument or other material which are deemed to violate the provisions of ORS 251.055 and shall include a deadline for submitting a revised statement.

(3) Any person notified by the Secretary of State of any rejection may revise the statement, argument or other material only to the extent necessary to bring the statement into conformance with state statute.

(4) Any person may submit a revised statement, argument or other material for publication in the state voters’ pamphlet provided:

(a) The revised statement does not violate the provisions of ORS 251.055; and

(b) The revised statement is returned to the Secretary of State, Elections Division by the deadline specified in the Secretary of State’s notification.

(5) The revised statement may be submitted by fax, email, hand-delivered or mailed.

(6) If the revised statement is made by telephone, written verification of the revision shall be mailed, emailed, submitted by fax or otherwise delivered to the Secretary of State, Elections Division, confirming the telephone revision; the revised statement must be submitted by the deadline set by the Secretary of State, Elections Division.

(7) If the Secretary of State is unable to contact any person submitting a statement, argument or other material for publication in the state voters’ pamphlet to inform the person of the rejection of all or part of the statement which is in violation of ORS 251.055, or if the person fails to respond to the Secretary of State’s notification, the Secretary of State shall reject the statement, argument or other material in its entirety.

Stat. Auth.: ORS 246.150 & 251
Stats. Implemented: ORS 251.055
Hist.: ELECT 28-1990(Temp), f. & cert. ef. 7-13-90; ELECT 33-1990, f. & cert. ef. 8-16-90; ELECT 9-1994, f. & cert. ef. 5-10-94; ELECT 7-2006, f. & cert. ef. 4-18-06

165-016-0080

Notice to Candidate of Need to Revise Statement or Portrait for State Voters’ Pamphlet

(1) The Secretary of State, Elections Division shall review each candidate’s statement and portrait filed for publication in the state voters’ pamphlet for compliance with ORS 251.049, 251.075 and 251.085 and contact any candidate whose statement or portrait does not comply.

(2) For purposes of this rule, “contact” means speaking with any person or leaving a message on an answering device at any telephone number provided on the voters’ pamphlet filing form, sending an email to the email address provided on the voters’ pamphlet filing form, or receiving a fax confirmation report showing a successful transmission to the fax number provided on the voters’ pamphlet filing form.

(3) If a candidate’s statement or portrait does not comply with provisions of ORS 251.049, 251.075 or 251.085, the Secretary of State, Elections Division shall make up to four attempts to contact the candidate. If the candidate is contacted after fewer than four attempts, no further attempts at contact will be made.

(4) The attempts to contact the candidate will be made not later than the fifth business day after the deadline for filing candidates’ statements

(5) Notification of a need for revision shall identify the reasons why the statement or portrait fails to comply with applicable statutes.

(6) A revised statement may be submitted by email, fax, hand-delivered or mailed. A revised portrait may be hand-delivered or mailed.

(7) If the statement is revised by telephone, the Secretary of State, Elections Division may require that a hard (paper) copy of the revised statement, signed by the candidate, be submitted to the Secretary of State, Elections Division, to confirm the telephone revision. The revised statement must be submitted not later than the deadline set by ORS 251.087.

Stat. Auth.: ORS 246.150 & 251.087
Stats. Implemented: ORS 251.087

Hist: ELECT 15-1996, f. & cert. ef. 12-19-96; ELECT 7-2006, f. & cert. ef. 4-18-06; ELECT 11-2012, f. & cert. ef. 6-21-12

165-016-0100

Designating Voters’ Pamphlet Filer for Statements and Arguments Filed Electronically

(1) The following statements and arguments must be filed electronically in ORESTAR for inclusion in the state Voters’ Pamphlet:

(a) An argument in support of a legislative referral prepared under ORS 251.245;

(b) Statements prepared by explanatory statement committees under ORS 251.215;

(c) Statements prepared by the Legislative Counsel Committee under ORS 251.225; and

(d) Financial estimates and any additional financial statements prepared by the Financial Estimate Committee under ORS 250.127.

(2) The following statements may be filed electronically in ORESTAR for inclusion in the state Voters’ Pamphlet:

(a) Statements prepared by a political party under ORS 251.115;

(b) Statements prepared by an assembly of electors under ORS 251.115; and

(c) Statements prepared by the Citizens’ Initiative Review Panel under ORS 250.141.

(3) Not later than 15 days prior to any filing deadline for providing the statements or arguments listed in paragraph (1) of this rule, the committees required to file statements or arguments electronically must designate a person to file these statements and provide the Elections Division with the ORESTAR account user name, first and last name and contact information for that person.

(4) Not later than 15 days prior to any filing deadline for providing the statements listed in paragraph (2) of this rule, a political party, assembly of electors or the Citizens’ Review Panel must designate a person to file these statements and provide the Elections Division with the ORESTAR account user name, first and last name, and contact information for that person, if the statements will be filed electronically.

(5) Notification of the designated electronic filer’s user name must be made in writing and delivered to the Elections Division at 255 Capitol St NE, Ste 501, Salem OR 97310, faxed to (503) 373-7414 or emailed to elections.sos@state.or.us

Stat. Auth.: ORS 246.150, 251.014, 251.065, 251.075 & 251.255
Stats. Implemented: ORS 251.046, 251.049, 251.055, 251.065, 251.075, 251.085, 251.087, 251.095, 251.115, 251.255 & 251.285
Hist.: ELECT 11-2012, f. & cert. ef. 6-21-12

165-016-0105

Formatting of Voters’ Pamphlet Material

(1) Formatting of voters’ pamphlet text materials is limited to:

(a) Words and numbers only; charts and graphics may not be used;

(b) Numbered lists;

(c) Bulleted lists;

(d) Italics;

(e) Bold;

(f) Underline;

(g) Centered text;

(h) Left justified text;

(i) Right justified text;

(j) Block quotes;

(k) Standard font size;

(l) Standard vertical spacing between paragraphs;

(m) Plain text for candidate statement required information; and

(n) Use of table to apply two-column formatting. Table borders will not be published and cell padding will not be enforced.

(2) Text changes may be made by the Elections Division either to correct space problems or to reduce word count during the publishing process for the state voters’ pamphlet.

(3) Formatted statements and measure arguments shall not be returned to filers for proofreading before or after the printing of the state voters’ pamphlet.

Stat. Auth.: ORS 246.150, 251.014, 251.065, 251.075 & 251.255
Stats. Implemented: ORS 251.046, 251.049, 251.055, 251.065, 251.075, 251.085, 251.087, 251.095, 251.115, 251.255 & 251.285
Hist.: ELECT 11-2012, f. & cert. ef. 6-21-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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