ORS 251.087
Secretary of State review of candidate portrait and statement
- procedure if portrait or statement must be revised
- rules
(1)
If a candidate files a portrait and statement under ORS 251.065 (Filing portrait and statement by or for candidate) for inclusion in the voters’ pamphlet, the Secretary of State shall review the portrait and statement to ensure that the portrait complies with the requirements of ORS 251.075 (Portrait requirements) and that the statement complies with the requirements of ORS 251.049 (Names or titles of persons or names of organizations excluded from arguments and statements) and 251.085 (Format of candidate’s statement).(2)
Review by the Secretary of State under this section shall be limited to determining whether the portrait and statement comply with the requirements of ORS 251.049 (Names or titles of persons or names of organizations excluded from arguments and statements), 251.075 (Portrait requirements) and 251.085 (Format of candidate’s statement) and shall not include any determination relating to the accuracy or truthfulness of materials filed.(3)
The Secretary of State shall review each portrait and statement not later than three business days following the deadline for filing a portrait and statement under ORS 251.065 (Filing portrait and statement by or for candidate). If the Secretary of State determines that the portrait or statement of a candidate must be revised in order to comply with the requirements of ORS 251.049 (Names or titles of persons or names of organizations excluded from arguments and statements), 251.075 (Portrait requirements) or 251.085 (Format of candidate’s statement), the Secretary of State shall attempt to contact the candidate not later than the fifth business day following the deadline for filing a portrait and statement under ORS 251.065 (Filing portrait and statement by or for candidate). A candidate contacted by the Secretary of State under this section may file a revised portrait or statement not later than the seventh business day following the deadline for filing a portrait and statement under ORS 251.065 (Filing portrait and statement by or for candidate).(4)
If the Secretary of State is required to attempt to contact a candidate under subsection (3) of this section, the Secretary of State shall attempt to contact the candidate by telephone or by using an electronic transmission facsimile machine.(5)
If the Secretary of State is unable to contact a candidate or if the candidate does not file a revised portrait or statement, the following rules apply:(a)
If a portrait does not comply with ORS 251.075 (Portrait requirements), the Secretary of State may modify the portrait. The candidate shall pay the expense of any modification prior to publication of the portrait in the voters’ pamphlet. If the portrait cannot be modified to comply with ORS 251.075 (Portrait requirements), the portrait shall not be printed in the voters’ pamphlet.(b)
If a statement does not comply with ORS 251.085 (Format of candidate’s statement) the statement shall not be printed in the voters’ pamphlet.(c)
If a statement does not comply with ORS 251.049 (Names or titles of persons or names of organizations excluded from arguments and statements), the Secretary of State shall edit the statement to remove language that does not comply with ORS 251.049 (Names or titles of persons or names of organizations excluded from arguments and statements).(6)
If the portrait or statement of a candidate filed under ORS 251.065 (Filing portrait and statement by or for candidate) does not comply with a requirement of ORS 251.049 (Names or titles of persons or names of organizations excluded from arguments and statements), 251.075 (Portrait requirements) or 251.085 (Format of candidate’s statement) and the Secretary of State does not attempt to contact the candidate by the deadline specified in subsection (3) of this section, for purposes of ORS 251.049 (Names or titles of persons or names of organizations excluded from arguments and statements), 251.075 (Portrait requirements) and 251.085 (Format of candidate’s statement) only, the portrait or statement shall be printed as filed.(7)
A candidate revising a portrait or statement under this section shall make only those revisions necessary to comply with ORS 251.049 (Names or titles of persons or names of organizations excluded from arguments and statements), 251.075 (Portrait requirements) and 251.085 (Format of candidate’s statement).(8)
The Secretary of State by rule may define the term “contact” as used in this section. [1995 c.550 §2]
Source:
Section 251.087 — Secretary of State review of candidate portrait and statement; procedure if portrait or statement must be revised; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors251.html.
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