2017 ORS 478.225¹
Election subdistricts
  • petition for formation
  • election

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

(a) Whether subdistricts should be created in a district for the purpose of nominating or electing two or more directors.

(b) Whether the method established in a district for nominating and electing directors should be changed to another method.

(2) A question under this section shall be decided by election. The district board shall order an election when a petition is filed as provided in this section.

(3) Except as otherwise provided in this section, the requirements for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 255.135 (Prospective petition) to 255.205 (Retention of petition materials).

(4) If the question proposes creation of subdistricts or a change in the boundaries or the number of existing subdistricts, the following requirements shall apply:

(a) The petition shall contain a map indicating the proposed subdistrict boundaries. The map shall be attached to the cover sheet of the petition and shall not exceed 14 inches by 17 inches in size.

(b) Notwithstanding ORS 250.035 (Form of ballot titles for state and local measures), the statement summarizing the measure and its major effect in the ballot title shall not exceed 150 words.

(c) The following apply to the statement summarizing the measure and its major effect in the ballot title:

(A) The statement shall specify the method of nomination and election of directors from among the methods described in ORS 478.221 (Nomination and election of directors).

(B) The statement shall specify whether, in filling each position on the board, an elector of the district may sign a petition of nomination or vote for a candidate from any subdistrict or only for a candidate from the subdistrict in which the elector resides.

(C) If the method for nominating directors combines nomination of candidates from and by subdistricts and nomination of candidates at large, the statement shall specify the number of candidates to be nominated in each manner. The statement shall include a general description of the proposed boundaries of the subdistricts, using streets and other generally recognized features.

(d) The order calling the election shall contain a map of the proposed subdistrict boundaries and a metes and bounds or legal description of the proposed subdistrict boundaries. The map and description shall be prepared by the county surveyor or county assessor and shall reflect any adjustment made in the boundaries under subsection (7) of this section.

(5) The map to be contained in the petition under subsection (4) of this section shall be prepared by the county surveyor or county assessor. The chief petitioners shall pay the county for the cost of preparing the map, as determined by the county surveyor or county assessor. The county clerk shall not accept the prospective petition for filing until the chief petitioners have paid the amount due.

(6) Subsection (4) of this section does not apply if the question proposes abolition of all subdistricts.

(7) If the district board determines or adjusts the boundaries of the subdistricts under ORS 478.228 (Boundaries of subdistricts) before submitting the question under this section, the district board shall amend the ballot title as necessary to reflect its adjustment of the boundaries.

(8) If the electors of the district approve the creation of subdistricts, or a change in the boundaries or the number of existing subdistricts, directors then holding office shall continue to serve until their terms of office expire. As vacancies occur, positions to be filled by nomination or election by subdistrict shall be filled by persons who reside within subdistricts which are not represented on the board. If more than one subdistrict is not represented on the board when a vacancy occurs, the subdistrict entitled to elect a director shall be decided by lot. [1979 c.364 §2; 1983 c.350 §286; 1995 c.79 §290; 1995 c.534 §18]

Chapter 478

Atty. Gen. Opinions

Propriety of office holding of a land owning nonresident elected director of a rural fire protec­tion district, (1975) Vol 37, p 873

Law Review Cita­tions

51 OLR 53 (1971)

1 Legislative Counsel Committee, CHAPTER 478—Rural Fire Protection Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors478.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 478, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano478.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.