ORS 401.833¹
Changing number of board members
  • election
  • notice to Secretary of State

(1) This section establishes the procedure for determining the following questions:

(a) Whether a district having a five-member board shall increase the number of members to seven.

(b) Whether a district having a seven-member board shall decrease the number of members to five.

(2) The question of increasing or decreasing the membership of the district board shall be determined at a regular district election. The district board, by resolution, may order the question to be submitted to the electors of the district. The district board shall order the question to be submitted to the electors when a petition is filed with the secretary of the board requesting that the electors of the district be permitted to vote on the question. The requirements for preparing, circulating and filing the petition shall be as provided for an initiative petition in ORS 255.135 (Submitting prospective petition) to 255.205 (Retention of petition materials). The board shall be increased to seven members or decreased to five members if a majority of the votes cast on the question favors the increase or decrease. At an election to increase the membership, electors shall vote for candidates to fill the additional positions.

(3) When a district is situated entirely within one county, if the electors approve the increase or decrease in board membership, not later than the 30th day after the election, the district board shall adjust and stagger the terms of the board members as necessary in order to continue biennial elections of board members in accordance with ORS 401.834 (Continuing schedule of biennial elections after change in number of board members). The district board shall take into consideration and, as much as possible, provide for the continued method of representation adopted by the district under ORS 401.836 (Manner of electing board members).

(4) When a district includes territory in more than one county, not later than the 40th day before the regular district election at which a question under this section will be submitted, the district elections authority shall notify the Secretary of State. If the electors favor the increase or decrease in board membership, not later than the 30th day after the election, the Secretary of State by rule shall adjust and stagger the terms of the board members as necessary in order to continue biennial elections of board members in accordance with ORS 401.834 (Continuing schedule of biennial elections after change in number of board members). The Secretary of State shall take into consideration and, as much as possible, provide for the continued method of representation adopted by the district under ORS 401.836 (Manner of electing board members). [1989 c.1063 §5]

Note: See note under 401.818 (Definitions for ORS 401.818 to 401.857).

Chapter 401

Law Review Cita­tions

54 OLR 677 (1975)

1 Legislative Counsel Committee, CHAPTER 401—Emergency Services and Communications, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors401.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 401, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­401ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information