ORS 250.105
Petition filing requirements

  • monthly filing
  • signature verification
  • rules

(1)

Intentionally left blank —Ed.

(a)

An initiative or referendum petition relating to a state measure must be filed with the Secretary of State for the purpose of verifying whether the petition contains the required number of signatures of electors.

(b)

Signatures previously verified on a prospective petition for a state measure to be initiated shall be included in the calculation under this section for the purpose of verifying whether the initiative petition contains the required number of signatures of electors.

(c)

When filing an initiative or referendum petition, the signature sheets must be sorted on the basis of the name of the person who obtained the signatures on the sheet.

(d)

The secretary shall adopt rules establishing procedures for verifying signatures on an initiative or referendum petition.

(e)

A filed initiative or referendum petition must contain only original signatures. The secretary or county clerk shall verify each petition in the order in which the petitions are filed with the secretary.

(2)

Intentionally left blank —Ed.

(a)

Once every month, the chief petitioner, or agent on behalf of the chief petitioner, of an initiative petition relating to a state measure shall file with the secretary all signature sheets containing signatures of electors obtained by a person being paid to obtain signatures on the petition since the previous monthly filing. The secretary shall hold all signature sheets filed under this subsection unless the chief petitioner withdraws the petition.

(b)

The secretary shall adopt rules prescribing the dates by which signature sheets must be filed each month. The secretary may not accept signature sheets containing signatures of electors obtained by a person being paid to obtain signatures on the petition before the previous monthly filing deadline prescribed under this paragraph for purposes of determining whether an initiative petition relating to a state measure contains the required number of signatures of electors under this section.

(3)

The secretary may not accept a referendum petition relating to a state measure for filing if the petition contains less than 100 percent of the required number of signatures. The secretary may not determine whether an initiative petition contains the required number of signatures of electors unless at least 100 percent of the required number of signatures have been filed with the secretary.

(4)

If the total number of signatures required on an initiative petition or referendum petition is submitted not less than 165 days before the election at which the proposed measure is to be voted upon and if the secretary determines that insufficient signatures have been submitted but the deadline for filing signatures on the petition has not passed, the petitioners may submit additional signatures.

(5)

The secretary 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. If two samplings are required under this subsection, the total number of signatures verified on the petition shall be not less than five percent of the total number of signatures on the petition.

(6)

For purposes of estimating the number of duplicate signatures contained in a petition, the secretary shall apply at least an eight percent duplication rate in the first sampling of signatures on all petitions. If a second sampling of signatures is required under subsection (5) of this section, the secretary shall calculate an estimated signature duplication rate for each petition for which a second sampling is required. The calculation shall be based on the number of electors the secretary determines have signed a specific petition more than once.

(7)

When verifying signatures for a state initiative or referendum petition, the secretary or county clerk shall identify on an elector’s voter registration record or other database that the elector signed the specific initiative or referendum petition.

(8)

The Secretary of State may employ professional assistance to determine the sampling technique to be designated under subsection (5) of this section.

(9)

The Secretary of State and the county clerk, if requested, shall permit authorized persons to be at the office of the secretary or county clerk to watch the verification of signatures on a state initiative petition or prospective petition for a state measure to be initiated under this section. The authorization shall be in writing and shall be filed with the secretary or county clerk. The secretary or county clerk shall permit only as many persons as watchers under this subsection as will not interfere with an orderly procedure at the office of the secretary or county clerk. [1979 c.190 §149; 1985 c.447 §7; 1989 c.68 §6; 1999 c.1021 §1; 2007 c.848 §11; 2009 c.533 §8; 2009 c.720 §5; 2013 c.519 §2]

Source: Section 250.105 — Petition filing requirements; monthly filing; signature verification; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors250.­html.

Notes of Decisions

Use of statistical method that allowed placement of measure on ballot if probability of insufficient signatures did not exceed 80 percent failed to “verify” existence of sufficient signatures. Leo v. Keisling, 327 Or 556, 964 P2d 1023 (1998)

Attorney General Opinions

Verification of signatures on referendum petition before filing, (1980) Vol 40, p 486

250.005
Definitions
250.015
Form of petition
250.025
Qualifications for signers of petition
250.029
Withdrawal of initiative or referendum petition
250.031
Rules for conduct of election under Article XI, section 11, of Oregon Constitution
250.035
Form of ballot titles for state and local measures
250.036
Form of ballot title for measure subject to Article XI, section 11 (8), of Oregon Constitution
250.037
Form of ballot title for measure requesting approval of certain bonds
250.038
Form of ballot title for measure authorizing imposition or renewal of local option taxes or establishing permanent rate limitation
250.041
Applicability of ORS 250.005 to 250.038 to counties and cities
250.042
Effect of failure of petition circulator to certify signature sheet
250.043
Acceptance of initiative or referendum petition without original signatures
250.044
When actions challenging constitutionality of state measure must be filed in Marion County Circuit Court
250.045
Prospective petition
250.048
Registration and training for paid petition circulators
250.052
Official templates of cover and signature sheets
250.062
Identical draft ballot titles required for certain state measures
250.065
Preparation of ballot titles for certain state measures
250.067
Notice of draft ballot title
250.075
Preparation of ballot titles by Legislative Assembly
250.085
Procedure for elector dissatisfied with ballot title of state measure
250.095
State measures affecting a county or district
250.105
Petition filing requirements
250.115
Numbering of state measures
250.125
Estimate of financial impact of state measures
250.127
Preparation and filing of estimates and statements of financial impact of state measure
250.131
Court review of procedures under which estimates and statements of financial impact of state measure were prepared
250.135
Retention of petition materials
250.137
Citizens’ Initiative Review Commission
250.139
Citizen panels
250.141
Citizen panel statements
250.143
Evaluation of citizen panel procedures
250.147
Contributions to Citizens’ Initiative Review Commission
250.149
Determination of sufficient funds for commission and citizen panels
250.155
Application of ORS 250.165 to 250.235
250.165
Prospective petition
250.168
Determination of compliance with constitutional provisions
250.175
Preparation of ballot titles for certain county measures
250.185
Preparation of ballot titles by county governing body
250.195
Procedure for elector dissatisfied with ballot title of county measure
250.205
Filing and signature requirements for nonhome rule counties
250.215
Filing officer for county measure
250.221
Date of election
250.235
Retention of petition materials
250.255
Application of ORS 250.265 to 250.346
250.265
Prospective petition
250.270
Determination of compliance with constitutional provisions
250.275
Preparation of ballot titles for certain city measures
250.285
Preparation of ballot titles by city governing body
250.296
Procedure for elector dissatisfied with ballot title of city measure
250.305
Signature requirements
250.315
Filing officer
250.325
Procedure following filing of initiative petition
250.346
Retention of petition materials
250.355
Date of election
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