Bill Text: OR SB146 | 2013 | Regular Session | Enrolled
Bill Title: Relating to minor political parties.
Spectrum: Unknown
Status: (Passed) 2013-07-03 - Effective date, January 1, 2014. [SB146 Detail]
Download: Oregon-2013-SB146-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 146
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Secretary of State Kate
Brown)
CHAPTER ................
AN ACT
Relating to minor political parties; amending ORS 248.008.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 248.008 is amended to read:
248.008. (1) An affiliation of electors becomes a minor
political party in the state, a county or other electoral
district, qualified to make nominations for public office in that
electoral district and in any other electoral district wholly
contained within the electoral district, when { - either of the
following events occurs - } { + the affiliation of electors has
acted as described in either paragraph (a) or (b) of this
subsection + }:
(a) { + (A) + } When the affiliation of electors has filed with
the Secretary of State a petition with the signatures of at least
a number of electors equal to one and one-half percent of the
total votes cast in the electoral district for all candidates for
Governor at the most recent election at which a candidate for
Governor was elected to a full term.
{ + (B) The petition must contain only original signatures
and must be filed not later than two years following the date the
prospective petition is filed. + } The petition { - also - }
must state the intention to form a new political party and
{ - give the designation of it - } { + designate a name for
the political party + }. { - The petition must contain only
original signatures and must be filed not later than two years
following the date the prospective petition is filed. - }
{ + (C) Before circulating the petition, the chief sponsor of
the petition must file with the Secretary of State a signed copy
of the prospective petition. The chief sponsor must include with
the prospective petition a statement declaring whether one or
more persons will be paid money or other valuable consideration
for obtaining signatures of electors on the petition. After the
prospective petition is filed, the chief sponsor must notify the
filing officer not later than the 10th day after the chief
sponsor first has knowledge or should have had knowledge that:
(i) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
person would be paid for obtaining signatures of electors.
Enrolled Senate Bill 146 (SB 146-A) Page 1
(ii) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more persons would be paid for obtaining signatures of
electors.
(D) + } The circulator shall certify on each signature sheet
that the circulator witnessed the signing of the signature sheet
by each individual whose signature appears on the signature sheet
and that the circulator believes each individual is an elector
registered in the electoral district.
{ + (E) + } The Secretary of State shall verify whether the
petition contains the required number of signatures of electors.
The Secretary of State may not accept a petition for filing if it
contains less than 100 percent of the required number of
signatures. The Secretary of State by rule shall designate a
statistical sampling technique to verify whether a petition
contains the required number of signatures of electors. A
petition may not be rejected for the reason that it contains less
than the required number of signatures unless two separate
sampling processes both establish that the petition lacks the
required number of signatures. The second sampling must contain a
larger number of signatures than the first sampling. The
Secretary of State may employ professional assistance to
determine the sampling technique. The statistical sampling
technique may be the same as that adopted under ORS 250.105.
{ - Before circulating the petition, the chief sponsor of the
petition must file with the Secretary of State a signed copy of
the prospective petition. The chief sponsor must include with the
prospective petition a statement declaring whether one or more
persons will be paid money or other valuable consideration for
obtaining signatures of electors on the petition. After the
prospective petition is filed, the chief sponsor must notify the
filing officer not later than the 10th day after the chief
sponsor first has knowledge or should have had knowledge
that: - }
{ - (A) Any person is being paid for obtaining signatures,
when the statement included with the prospective petition
declared that no such person would be paid. - }
{ - (B) No person is being paid for obtaining signatures,
when the statement included with the prospective petition
declared that one or more such persons would be paid. - }
(b) When the affiliation of electors has polled for any one of
its candidates for any public office in the electoral district at
least one percent of the total votes cast in the electoral
district for all candidates for:
(A) Presidential elector at the last general election at which
candidates for President and Vice President of the United States
were listed on the ballot; or
(B) Any single state office to be voted upon in the state at
large for which nominations by political parties are permitted by
law at the most recent election at which a candidate for the
office was elected to a full term.
(2) After satisfying either { - requirement of - }
subsection (1) { + (a) or (b) + } of this section, the minor
political party may nominate candidates for election at the next
general election.
(3) A filing officer may not accept a certificate of nomination
of a candidate nominated by a minor political party for a
subsequent general election unless the minor political party has
Enrolled Senate Bill 146 (SB 146-A) Page 2
{ - satisfied the requirements of subsection (4)(a) or (b) of
this section - } { + maintained status as a minor political
party as described in subsection (4) of this section + }.
(4) { - After a minor political party qualifies to nominate
candidates for a general election under subsection (1) of this
section, - } In order to maintain status as a minor political
party for a subsequent general election:
{ - (a)(A) Following each general election, at any time
during the period beginning on the date of the next primary
election and ending on the 90th day before the next general
election, a number of electors equal to at least one-tenth of one
percent of the total votes cast in the state or electoral
district for all candidates for Governor at the most recent
election at which a candidate for Governor was elected to a full
term must be registered as members of the party; and - }
{ - (B) A candidate or candidates of the party must poll a
number of votes described in subsection (1)(b) of this section at
each subsequent general election; or - }
{ - (b) - } { + (a) + } Following each general election, at
any time during the period beginning on the date of the next
primary election and ending on the 90th day before the next
general election, a number of electors equal to at least one-half
of one percent of the total number of registered electors in this
state must be registered as members of the party { - . - }
{ + ; or
(b)(A) Following each general election, at any time during the
period beginning on the date of the next primary election and
ending on the 90th day before the next general election, a number
of electors equal to at least one-tenth of one percent of the
total votes cast in the state or electoral district for all
candidates for Governor at the most recent election at which a
candidate for Governor was elected to a full term must be
registered as members of the party; and
(B) At least once in a four-year period, a candidate or
candidates of the party must poll at least one percent of the
total votes cast in the electoral district for all candidates
for:
(i) Presidential elector at the last general election at which
candidates for President and Vice President of the United States
were listed on the ballot; or
(ii) Any single state office to be voted upon in the state at
large for which nominations by political parties are permitted by
law at the most recent election at which a candidate for the
office was elected to a full term. + }
(5) An affiliation of electors that fails to maintain
{ - its - } status as a minor political party { - , as
described in subsection (4) of this section, - } ceases to be a
minor political party on the 90th day before the date of the next
general election.
(6) During the period beginning on the date of the primary
election and ending on the 90th day before the date of the
general election, the Secretary of State shall determine
{ - not less than - } { + at least + } once each month whether
{ - the - } registration requirements
{ - of subsection (4) of this section - } { + to maintain
status as a minor political party + } have been satisfied.
{ + (7) + } If { - the - } { + a + } minor political
party changes its name, only those electors who register on or
after the effective date of the name change as members of the
Enrolled Senate Bill 146 (SB 146-A) Page 3
party under the new party name shall be counted as members of the
party { - under this subsection - } .
{ - (7) - } { + (8) + } An affiliation of electors or a
minor political party may not { + nominate a candidate who is
the nominee of another political party at the same election in
order to + } satisfy the one percent requirement referred to in
subsection (1)(b) { + or (4)(b)(B) + } of this section { - by
nominating a candidate who is the nominee of another political
party at the same election - } .
{ - (8) - } { + (9) + } For purposes of this section,
'subsequent general election' means any general election that is
held after the first general election following qualification as
a minor political party under subsection (1) of this section.
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Passed by Senate May 29, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 20, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 146 (SB 146-A) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 146 (SB 146-A) Page 5
