2015 ORS § 251.415¹

Type of material to be excluded from pamphlet
  • liability for libel
  • procedure if material excluded

(1) The county clerk shall reject any statement, argument or other matter offered for filing and printing in a county voters pamphlet which:

(a) Contains any obscene, profane or defamatory language;

(b) Incites or advocates hatred, abuse or violence toward any person or group; or

(c) Contains any language which may not legally be circulated through the mails.

(2) Nothing in this chapter shall make the author of any statement or argument exempt from any civil or criminal action because of any defamatory statements offered for printing or contained in the voters pamphlet. The persons writing, signing or offering a statement or argument for filing shall be deemed its authors and publishers.

(3) The county clerk shall by rule establish a procedure to notify a person who offered a statement, argument or other matter that was rejected pursuant to this section. Subject to voters pamphlet deadlines, the procedure shall require the county clerk to:

(a) Make reasonable attempts to notify the person of the rejection; and

(b) Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement so that it does not violate the provisions of this section. [1989 c.1031 §13; 1993 c.351 §2]


1 Legislative Counsel Committee, CHAPTER 251—Voters Pamphlet, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors251.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.