Bill Text: OR SB151 | 2013 | Regular Session | Introduced

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Bill Title: Relating to election petitions; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB151 Detail]

Download: Oregon-2013-SB151-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2605

                         Senate Bill 151

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 Senate Interim Committee on
  Rules)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires circulator of petitions to certify on each signature
sheet that circulator did not violate any laws in obtaining
signatures on sheet.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to election petitions; creating new provisions; amending
  ORS 198.430, 198.750, 221.031, 248.008, 249.061, 249.740,
  249.865, 250.045, 250.165, 250.265, 255.135, 261.115 and
  545.025; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 250.045 is amended to read:
  250.045. (1) Before circulating a petition to initiate or refer
a state measure under section 1, Article IV, Oregon Constitution,
the petitioner shall file with the Secretary of State a
prospective petition. The prospective petition for a state
measure to be initiated shall contain the signatures of at least
1,000 electors. The signature sheets must be attached to a full
and correct copy of the measure to be initiated.
  (2) Before obtaining signatures on a prospective petition for a
state measure to be initiated, the chief petitioners shall file
with the secretary a statement declaring whether one or more
persons will be paid money or other valuable consideration for
obtaining signatures of electors on the prospective petition.
After a statement has been filed under this subsection, the chief
petitioners shall notify the secretary not later than the 10th
day after any of the chief petitioners first has knowledge or
should have had knowledge that:
  (a) Any person is being paid for obtaining signatures, when the
statement filed under this subsection declared that no such
person would be paid.
  (b) No person is being paid for obtaining signatures, when the
statement filed under this subsection declared that one or more
such persons would be paid.
  (3) The secretary by rule shall establish procedures for
verifying whether a prospective petition for a state measure to

be initiated contains the required number of signatures of
electors.
  (4) The secretary shall date and time stamp the prospective
petition and specify the form on which the initiative or
referendum petition shall be printed for circulation as provided
in ORS 250.052. The secretary shall retain the prospective
petition.
  (5) The chief petitioner may amend the state measure to be
initiated that has been filed with the secretary without filing
another prospective petition, if:
  (a) The Attorney General certifies to the secretary that the
proposed amendment will not substantially change the substance of
the measure; and
  (b) The deadline for submitting written comments on the draft
title has not passed.
  (6) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the secretary by rule. The cover
of a referendum petition shall contain the final measure summary
described in ORS 250.065 (1). If a petition seeking a different
ballot title is not filed with the Supreme Court by the deadline
for filing a petition under ORS 250.085, the cover of an
initiative petition shall contain the latest ballot title
certified by the Attorney General under ORS 250.067 (2). However,
if the Supreme Court has reviewed the ballot title, the cover of
the initiative petition shall contain the title certified by the
court.
  (7) The chief petitioners shall 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 initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners 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.
  (8)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the subject expressed in
the title of the Act to be referred.
  (b) Each sheet of signatures on an initiative or referendum
petition shall:
  (A) Contain a notice describing the meaning of the color of the
signature sheet in accordance with ORS 250.052; and
  (B) If one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid.' The notice
shall be in boldfaced type and shall be prominently displayed on
the sheet.
  (c) The secretary by rule shall adopt a method of designation
to distinguish signature sheets of referendum petitions
containing the same subject reference and being circulated during
the same period.
  (9) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on the
initiative or referendum petition.
  (10) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition may be counted. The circulator

shall certify on each signature sheet of the initiative or
referendum petition that the circulator:
  (a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet  { - ;
and - }  { + . + }
  (b) Believes each individual is an elector.
   { +  (c) Did not violate any laws in obtaining the signatures
on the sheet. + }
  (11) The person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
initiated or referred and shall allow any person to review a copy
upon request of the person.
  SECTION 2. ORS 250.165 is amended to read:
  250.165. (1) Before circulating a petition to initiate or refer
a county measure, the petitioner shall file with the county clerk
a prospective petition. The county clerk immediately shall date
and time stamp the prospective petition, and specify the form on
which the petition shall be printed for circulation. The clerk
shall retain the prospective petition.
  (2) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 250.175 (1). If the circuit court has not
reviewed the ballot title under ORS 250.195, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.175 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
  (3) The chief petitioners shall 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 initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners 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.
  (4)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the county governing body.
  (b) Each sheet of signatures on an initiative or referendum
petition shall, if one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid.  '
  (5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
  (6) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet that the
circulator:
  (a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet  { - ;
and - }  { + . + }
  (b) Believes each individual is an elector registered in the
county.
   { +  (c) Did not violate any laws in obtaining the signatures
on the sheet. + }
  (7) 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.
  (8) A county clerk may not accept for filing any petition which
has not met the provisions of subsection (7) of this section.
  (9) 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.
  (10) The person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
initiated or referred and shall allow any person to review a copy
upon request of the person.
  SECTION 3. ORS 250.265 is amended to read:
  250.265. (1) Before circulating a petition to initiate or refer
a city measure, the petitioner shall file with the city elections
officer a prospective petition. The officer immediately shall
date and time stamp the prospective petition, and specify the
form on which the petition shall be printed for circulation.  The
officer shall retain the prospective petition.
  (2) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 250.275 (1). If the circuit court has not
reviewed the ballot title under ORS 250.296, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.275 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
  (3) The chief petitioners shall 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 initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners 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.
  (4)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the city governing body.
  (b) Each sheet of signatures on an initiative or referendum
petition shall, if one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid.  '
  (5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
  (6) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet that the
circulator:

  (a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet  { - ;
and - }  { + . + }
  (b) Believes each individual is an elector registered in the
city.
   { +  (c) Did not violate any laws in obtaining the signatures
on the sheet. + }
  (7) 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.
  (8) A city elections officer may not accept for filing any
petition which has not met the provisions of subsection (7) of
this section.
  (9) 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.
  (10) The person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
initiated or referred and shall allow any person to review a copy
upon request of the person.
  SECTION 4. ORS 198.430 is amended to read:
  198.430. (1) Before circulating a petition for recall of a
district officer of a district other than a district defined in
ORS 255.012, the petitioner shall file the petition with the
officer with whom a petition for nomination to such office should
be filed. Except as provided in this subsection, if there is no
such officer or if the officer is the district officer against
whom the petition is being filed, the petition shall be filed
with the county clerk of the county in which the administrative
office of the district is located. In the case of an irrigation
district organized under ORS chapter 545, if there is no such
officer or if the officer is the district officer against whom
the petition is being filed, the petition shall be filed with the
board of directors of the irrigation district.
  (2) The petition shall be signed by a number of persons who are
qualified to vote in the district, that is equal to but not less
than the lesser of:
  (a) Fifteen percent of the persons who are qualified to vote in
the district, or subdivision of the district from which the
district officer was elected; or
  (b) Fifteen 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.
  (3) The circulator of the signature sheet shall certify on each
sheet that the circulator:
  (a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet  { - ;
and - }  { + . + }
  (b) Believes each individual stated the correct residence
address of the individual and is an individual qualified to vote
in the district.
   { +  (c) Did not violate any laws in obtaining the signatures
on the sheet. + }
  (4) In those districts where a person qualified to vote must be
an elector, the petition, before filing, shall be submitted to
the county clerk who shall compare the signatures of the persons
signing the petition with the signatures of electors on the
register of electors and, on the face of each signature sheet,
shall make a certificate of the number of signatures the county
clerk believes to be genuine. In other districts, the officer who
receives the petition for filing, before filing the petition,
shall verify the signatures and make a certificate of the number
of signatures the officer believes to be genuine.

  (5) The district shall pay the expense of verifying the
signatures and of calling and conducting the election. The
election shall be conducted in the district, or in the
subdivision of the district from which the district officer was
elected, in accordance with the law governing election of
district officers.
  (6) A person who is qualified to vote in a district under this
section is a person who is qualified, under the law applicable to
the district, to vote in an election at which members of the
governing body of the district are elected.
  (7) A recall petition is void unless the petition is filed not
later than the 100th day after the date of the first signature on
the petition. Not later than the 90th day after the date of the
first signature, the petition shall be submitted for signature
verification to the county clerk or other officer described in
subsection (4) of this section who shall make the certificate of
the number of genuine signatures not later than the 10th day
after the date of submission. The petition must contain only
original signatures. A recall petition shall not be accepted for
signature verification if the petition contains less than 100
percent of the required number of signatures. A recall petition
shall not be accepted for filing until 100 percent of the
required number of signatures have been verified.
  SECTION 5. ORS 198.750 is amended to read:
  198.750. (1) If a proposal for formation or change of
organization of a district is made by petition, the petition
shall:
  (a) State that the petition is filed pursuant to ORS 198.705 to
198.955.
  (b) State the names of all affected districts and all affected
counties.
  (c) Designate the principal Act of each affected district.
  (d) State the nature of the proposal, whether formation of a
district or change of organization and the kind of change
proposed.
  (e) State whether the territory subject to the petition is
inhabited or uninhabited.
  (f) If the petition is for formation, and district board
members are elected, state the number of members on the board.
  (g) If the petition is for formation, include a proposed
permanent rate limit for operating taxes sufficient to support
the services and functions described in the economic feasibility
statement required by ORS 198.749. A tax rate limit need not be
included in the petition if no tax revenues are necessary to
support the services and functions described in the economic
feasibility statement. The tax rate limit shall be expressed in
dollars per thousand dollars of assessed value. The tax rate
limit shall be calculated for the latest tax year for which the
assessed value of the proposed district is available.
  (h) Set forth any proposed terms and conditions, if any, to
which a proposed formation or change of organization is to be
subject.
  (i) State, or indicate opposite each signature, whether the
signers of the petition are landowners within the district or
electors registered in the district, or both.
  (j) Request that proceedings be taken for the formation or
change of organization proposed.
  (2) If the petition proposes formation of a district, the
petition shall set forth a description of the boundaries of the
territory proposed to be included in the district. If the
petition proposes annexation or withdrawal of territory, the
petition shall set forth a description of the boundaries of the
territory to be annexed or withdrawn.
  (3) If a petition proposes formation of a district, or
consolidation or merger of districts, the petition may propose a

name for the new district or for the surviving or successor
district.
  (4) The circulator of the petition shall certify on each
signature sheet of the petition that the circulator { + :
  (a) + } Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet.
   { +  (b) Did not violate any laws in obtaining the signatures
on the sheet. + }
  SECTION 6. ORS 221.031 is amended to read:
  221.031. (1) Before circulating a petition to incorporate
unincorporated territory as a city, the petitioners shall file a
petition for incorporation in a form prescribed by rule of the
Secretary of State with:
  (a) The county clerk of the county in which the proposed city
lies; or
  (b) If the proposed city lies in more than one county, the
county clerk of the county in which the largest part of its
territory lies.
  (2) The county clerk shall immediately date and time stamp the
prospective petition and shall authorize the circulation of the
petition when the economic feasibility statement required by ORS
221.035 is filed with the county clerk. The county clerk shall
retain the prospective petition and economic feasibility
statement and shall immediately send two copies of the
prospective petition to the appropriate county court.
  (3)(a) A petition for incorporation filed with the county clerk
under subsection (1) of this section shall designate the name and
residence address of not more than three persons as chief
petitioners, who shall be electors registered within the
boundaries of the proposed city.
  (b) The petition shall contain the name of the proposed city.
  (c) The petition shall include a proposed permanent rate limit
for operating taxes that would generate operating tax revenues
sufficient to support an adequate level of municipal services.
The tax rate limit shall be expressed in dollars per thousand
dollars of assessed value. The tax rate limit shall be calculated
for the latest tax year for which the assessed value of the
proposed city is available.
  (d) There shall be attached to the cover sheet of the petition
a map indicating the exterior boundaries of the proposed city.
The map shall not exceed 14 inches by 17 inches in size and shall
be used in lieu of a metes and bounds or legal description of the
proposed city.
  (e) If the territory proposed to be incorporated is within the
jurisdiction of a local government boundary commission, the
petition shall be accompanied by the economic feasibility
analysis required under ORS 199.476 (1). Notwithstanding
subsection (2) of this section, unless the economic feasibility
analysis is approved by the local government boundary commission
as provided in ORS 199.522, the county clerk shall not authorize
the circulation of the petition.
  (f) If the petitioners propose not to extinguish a special
district pursuant to ORS 222.510 (2) or a county service district
pursuant to ORS 451.585 (1), the petition shall include a
statement of this proposal.
  (4) { + (a) + } Each sheet of signatures shall be attached to a
full and correct copy of the petition for incorporation. Not more
than 20 signatures on each sheet of the petition for
incorporation shall be counted.
   { +  (b) + } The circulator shall certify on each signature
sheet that the circulator { + :
  (A) + } Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet
 { - and that the circulator - }  { + .
  (B) + } Believes each individual is an elector registered in
the county.
   { +  (C) Did not violate any laws in obtaining the signatures
on the sheet.
  (c) + } If the territory proposed to be incorporated is within
the jurisdiction of a local government boundary commission, each
signature sheet shall contain a statement that the economic
feasibility analysis for the proposed city was approved by the
boundary commission, that the analysis is available for
inspection at the offices of the boundary commission and that
subsequent to the gathering of the petitions the boundary
commission must review and finally approve the proposal prior to
submission at an election.
  SECTION 7. 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:
  (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. The petition also must state
the intention to form a new political party and give the
designation of it. 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 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  { +  and did not violate any laws in
obtaining the signatures on the sheet + }. 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) 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
satisfied the requirements of subsection (4)(a) or (b) 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) 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.
  (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 once each month whether the registration requirements of
subsection (4) of this section have been satisfied. If the 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 party under the new party name shall be counted as
members of the party under this subsection.
  (7) An affiliation of electors or a minor political party may
not satisfy the one percent requirement referred to in subsection
(1)(b) of this section by nominating a candidate who is the
nominee of another political party at the same election.
  (8) 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.
  SECTION 8. ORS 249.061 is amended to read:
  249.061. (1) A petition for nomination may not contain the name
of more than one candidate.
  (2) Before circulating a nominating petition, the candidate
shall deliver to the officer with whom the petition will be
filed:

  (a) A statement signed by the candidate indicating that the
candidacy is by prospective petition; and
  (b) A copy of the prospective petition.
  (3) The candidate shall include with the nominating petition a
statement declaring whether one or more persons will be paid
money or other valuable consideration for obtaining signatures of
electors on the nominating petition. After the nominating
petition is filed, the candidate shall notify the filing officer
not later than the 10th day after the candidate first has
knowledge or should have had knowledge that:
  (a) Any person is being paid for obtaining signatures, when the
statement included with the nominating petition declared that no
such person would be paid.
  (b) No person is being paid for obtaining signatures, when the
statement included with the nominating petition declared that one
or more such persons would be paid.
  (4) The circulator shall certify on each signature sheet that
the circulator:
  (a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet  { - ;
and - }  { + . + }
  (b) Believes each individual is an elector qualified to sign
the petition.
   { +  (c) Did not violate any laws in obtaining the signatures
on the sheet. + }
  SECTION 9. ORS 249.740 is amended to read:
  249.740. (1) A certificate of nomination made by individual
electors shall contain a number of signatures of electors in the
electoral district equal to not less than one percent of the
total votes cast in the electoral district for which the
nomination is intended to be made, for all candidates for
presidential electors at the last general election.
  (2) Each elector signing a certificate of nomination made by
individual electors shall include the residence or mailing
address of the elector. Except for a certificate of nomination of
candidates for electors of President and Vice President of the
United States, a certificate of nomination made by individual
electors shall contain the name of only one candidate.
  (3) Before beginning to circulate the certificate of
nomination, the chief sponsor of the certificate shall file a
signed copy of the prospective certificate with the filing
officer referred to in ORS 249.722. The chief sponsor of the
certificate shall include with the prospective certificate a
statement declaring whether one or more persons will be paid
money or other valuable consideration for obtaining signatures of
electors on the certificate. After the prospective certificate is
filed, the chief sponsor shall 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 certificate declared that
no such person would be paid.
  (b) No person is being paid for obtaining signatures, when the
statement included with the prospective certificate declared that
one or more such persons would be paid.
  (4) The circulator shall certify on each signature sheet that
the circulator:
  (a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet  { - ;
and - }  { + . + }
  (b) Believes each individual is an elector registered in the
electoral district.
   { +  (c) Did not violate any laws in obtaining the signatures
on the sheet. + }

  (5) The signatures contained in each certificate of nomination
made by individual electors shall be certified for genuineness by
the county clerk under ORS 249.008.
  (6) As used in this section, 'prospective certificate ' means
the information, except signatures and other identification of
certificate signers, required to be contained in a completed
certificate of nomination.
  SECTION 10. ORS 249.865 is amended to read:
  249.865. (1) Pursuant to section 18, Article II of the Oregon
Constitution, an elector of the electoral district from which the
public officer is elected may file a petition demanding the
recall of the public officer. Before the petition is circulated
for signatures, the chief petitioner of the petition shall file
with the officer authorized to order the recall election a copy
of the prospective petition signed by the chief petitioner.
  (2) The chief petitioner shall 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 recall petition. After the
prospective petition is filed, the chief petitioner shall notify
the filing officer not later than the 10th day after the chief
petitioner 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.
  (3) Each sheet of the recall petition must contain:
  (a) The words 'Petition for recall of,' (name and title of
officer) and the date of the filing under subsection (1) of this
section; and
  (b) The name and address of the treasurer or the chief
petitioner listed on the statement of organization filed under
subsection (1) of this section.
  (4) Not more than 20 signatures on each sheet of the recall
petition shall be counted. The circulator shall certify on each
signature sheet that the circulator:
  (a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet  { - ;
and - }  { + . + }
  (b) Believes each individual is an elector.
   { +  (c) Did not violate any laws in obtaining the signatures
on the sheet. + }
  (5) Any intentional or willful violation of subsection (1) or
(2) of this section by a chief petitioner of the recall petition
or by the treasurer listed on the statement of organization filed
under subsection (1) of this section invalidates the prospective
petition before it is circulated for signatures.
  SECTION 11. ORS 255.135 is amended to read:
  255.135. (1) Before circulating a petition to initiate or refer
a district measure, the petitioner shall file with the elections
officer a prospective petition. The elections officer immediately
shall date and time stamp the prospective petition, and specify
the form on which the petition shall be printed for circulation.
The officer shall retain the prospective petition.
  (2) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 255.145 (1). If the circuit court has not
reviewed the ballot title under ORS 255.155, the cover of an
initiative petition shall contain the ballot title described in
ORS 255.145 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
  (3) The chief petitioners shall 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 initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners 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.
  (4)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the number of the
ordinance to be referred and the date it was adopted by the
district board.
  (b) Each sheet of signatures on an initiative or referendum
petition shall, if one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid.  '
  (5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
  (6) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet that the
circulator:
  (a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet  { - ;
and - }  { + . + }
  (b) Believes each individual is an elector registered in the
district.
   { +  (c) Did not violate any laws in obtaining the signatures
on the sheet. + }
  (7) Unless otherwise provided by a district ordinance, the
gathering of signatures on a petition to initiate a district
measure may not exceed a period of two years from the time the
petition is approved for circulation.
  (8) The elections officer may not accept for filing any
petition that has not met the provisions of subsection (7) of
this section.
  (9) A petition to initiate a district measure must be filed not
less than 90 days before the election at which the proposed law
is to be voted on.
  (10) The person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
initiated or referred and shall allow any person to review a copy
upon request of the person.
  SECTION 12. ORS 261.115 is amended to read:
  261.115. (1) All electors' petitions shall contain a statement
as to whether or not the petitioners are desirous of forming a
utility district, or to annex territory to an existing utility
district, or to consolidate two or more existing utility
districts, the description of the territory sought to be included
therein and the name by which the utility district is to be
known.  The statement shall be printed on a separate page or
pages.
  (2) There shall be a signature sheet with sufficient space for
20 signatures, and opposite the name of each signer, a space for
the residence address of the signers of the petition and the

number of their voting precinct. The circulator shall certify on
each signature sheet that the circulator:
  (a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet  { - ;
and - }  { + . + }
  (b) Believes that each individual stated the correct residence
address of the individual and that the individual is an elector.
   { +  (c) Did not violate any laws in obtaining the signatures
on the sheet. + }
  (3) An electors' petition shall designate three or more persons
as chief petitioners and shall set forth their names and mailing
addresses.
  SECTION 13. ORS 545.025 is amended to read:
  545.025. (1) When owners of land that is irrigated or
susceptible to irrigation desire to provide for the construction
of works for irrigation of their land, to provide for the
reconstruction, betterment, extension, purchase, operation or
maintenance of works already constructed, or to provide for the
assumption of indebtedness to the United States incurred under
the federal reclamation laws on account of their lands, they may
propose the organization of an irrigation district under the
Irrigation District Law by signing a petition and filing it with
the county court of the principal county, as defined in ORS
198.705. The petition must be signed by a majority of the owners
of land or 50 owners of land within the exterior boundaries of
the proposed district.
  (2) The petition shall set forth:
  (a) A statement that the petition is filed for the formation of
an irrigation district under the Irrigation District Law;
  (b) The name of the proposed district;
  (c) A description of the exterior boundaries of the proposed
district. The description may be by metes and bounds, quarter
quarter section lines or assessor's map and tax lot numbers;
  (d) A statement declaring whether the district board of
directors shall consist of three or five members and, if three
members, whether the district shall be subdivided for the
election of directors or whether directors shall be elected at
large; and
  (e) A request that proceedings be taken for the formation of
the district.
  (3) ORS 198.760, 198.765, 198.770 and 198.775 apply to
petitions for the formation of an irrigation district, except
that an economic feasibility statement is not required.
  (4) The circulator shall certify on each signature sheet that
the circulator { + :
  (a) + } Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet.
   { +  (b) Did not violate any laws in obtaining the signatures
on the sheet. + }
  (5) A description and map of all of the lands that are included
within the proposed district and that will be subject to the
charges and assessments of the district, together with the names
and mailing addresses of all of the owners of the lands, shall be
included in the petition or attached to the petition as an
exhibit. Reference to the assessor's map and tax lot number is
sufficient for the description of lands required under this
subsection.
  (6) When the petition for formation is filed with the county
court of the principal county, the county court shall set a date
for a hearing on the petition. The date set for the hearing shall
be not less than 30 days nor more than 50 days after the date on
which the petition is filed. The county court shall cause notice
of the hearing to be posted in at least three public places in
the county and published by two insertions in a newspaper. The
notice shall state:
  (a) The purpose for which the district is to be formed.
  (b) The name and boundaries of the proposed district.
  (c) The time and place for the hearing on the petition.
  (d) That all interested persons may appear and be heard.
  (7) If the petition is signed by all of the owners of all of
the lands that are included within the proposed district and that
will be subject to the charges and assessments of the proposed
district, publication of the notice of the hearing on the
petition is not required. A petition signed by all of the owners
of all of the lands that are included within the proposed
district and that will be subject to the charges and assessments
of the proposed district may also contain the names of persons
desired as the members of the first board of directors of the
proposed district, the initial term of office of each director
and a written statement from each of those persons in which the
person agrees to serve as a director of the proposed district.
  (8) If an elector is not a resident of the district or this
state, a legal representative of the owner of land, including an
individual acting pursuant to a power of attorney, may sign a
formation petition for and on behalf of the owner.
  SECTION 14.  { + The amendments to ORS 198.430, 198.750,
221.031, 248.008, 249.061, 249.740, 249.865, 250.045, 250.165,
250.265, 255.135, 261.115 and 545.025 by sections 1 to 13 of this
2013 Act apply to signatures obtained on or after January 1,
2014. + }
  SECTION 15.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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