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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3166
Sponsored by Representatives LIVELY, EVANS; Representatives GAMBA, MCLAIN (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: Requires that all candidates will be on the same primary ballot. (Flesch Readability
Score:64.9).
Requires all candidates for partisan office and nonpartisan office, regardless of political party
affiliation or nonaffiliation, to appear on the same unified primary election ballot, with the five
candidates receiving the most votes advancing to the general election ballot. Exempts candidates for
President and Vice President of the United States.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS 3.030, 8.610, 51.230, 171.051, 171.060,
171.068, 188.120, 202.100, 204.005, 236.225, 248.006, 248.008, 248.009, 249.002, 249.013, 249.016,
249.020, 249.021, 249.023, 249.031, 249.035, 249.037, 249.042, 249.046, 249.056, 249.064, 249.072,
249.076, 249.180, 249.205, 249.215, 249.705, 249.712, 249.720, 249.722, 249.735, 249.737, 249.810,
249.830, 249.842, 249.850, 250.042, 251.022, 251.026, 253.540, 253.565, 254.005, 254.056, 254.076,
254.115, 254.135, 254.365, 254.470, 254.555, 254.565, 254.650, 255.345, 258.280 and 260.005; and re-
pealing ORS 236.100, 248.007, 248.012, 248.015, 248.017, 248.019, 248.021, 248.023, 248.024, 248.026,
248.027, 248.029, 248.031, 248.033, 248.035, 248.043, 248.045, 248.072, 248.075, 248.085, 249.048,
249.068, 249.088, 249.091, 249.190, 249.200, 249.740, 254.025 and 254.370.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Sections 4 and 5 of this 2025 Act shall be known and may be cited as the
Open Primary Act.
SECTION 2. Sections 4 and 5 of this 2025 Act are added to and made a part of ORS
chapter249.
SECTION 3. ORS 249.002 is amended to read:
249.002. As used in this chapter:
(1) “Candidate” means an individual whose name is or is expected to be printed on the official
ballot or a write-in candidate.
(2) “County clerk” means the county clerk or the county official in charge of elections.
(3) “Elector” means an individual qualified to vote under Article II, section 2, Oregon Consti-
tution.
(4) “Judge” means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon
TaxCourt.
(5) “Member” means an individual who is registered as being affiliated with the political party.
(6) “Minor political party” means a political party that has qualified as a minor political party
under ORS 248.008.
(7) “Nonpartisan office” means the office of judge, Commissioner of the Bureau of Labor and
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1109 HB3166
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Industries, any elected office of a metropolitan service district under ORS chapter 268, justice of the
peace, county clerk, county assessor, county surveyor, county treasurer, county judge who exercises
judicial functions, sheriff, district attorney or any office designated nonpartisan by a home rule
charter.
(8) “Prospective petition” means the information, except signatures and other identification of
petition signers, required to be contained in a completed petition.
(9) “Public office” means any national, state, county, city or district office or position, except
a political party office, filled by the electors.
(10) “State office” means Governor, Secretary of State, State Treasurer, Attorney General,
Commissioner of the Bureau of Labor and Industries, judge, state Senator, state Representative or
district attorney.
(11) “Voter choice office” means:
(a) The office of United States Senator, Representative in Congress, Governor, Secretary
of State, State Treasurer, Attorney General, state Senator and state Representative and any
other state, county, city or district office that is not a nonpartisan office nor an office for
which nominations to the general election by political parties are expressly authorized by
law;
(b) The Commissioner of the Bureau of Labor and Industries; and
(c) Any other state, county, city, regional or district office that the governing body of
the jurisdiction designates as a voter choice office.
SECTION 4. (1) All electors shall have the opportunity to vote in the primary election for
the nomination of any candidate for a voter choice office, regardless of whether the elector
is affiliated with the same political party as the candidate.
(2) Regardless of the political party affiliation of a candidate, all candidates for nomi-
nation to a public office shall appear on the same primary election ballot, with the five can-
didates who receive the most votes being nominated for that office at the general election.
(3) A candidate may not appear on a general election ballot unless the candidate receives
not less than one-half of one percent of the total number of votes cast for candidates for that
office in the primary election.
(4) Subsections (1) to (3) of this section:
(a) Are subject to the provisions of a home rule charter; and
(b) Do not apply to candidates for President or Vice President of the United States.
SECTION 5. (1) Except as provided in a home rule charter or subsection (2) of this sec-
tion, for voter choice offices, the five candidates receiving the highest number of votes at
the primary election shall be the sole candidates who advance to the general election.
(2) If a vacancy occurs in a nomination for a voter choice office after the primary
election and before the 61st day before the general election, the qualified candidate who re-
ceived the next highest number of votes at the primary election, but not less than one-half
of one percent of the total number of votes cast for candidates for that office, shall be the
replacement nominee. The chief elections officer, as defined in ORS 254.005, shall file the
name of the replacement nominee with each appropriate county clerk.
(3) If a county government redesignates an office from partisan to nonpartisan, that of-
fice must continue to be a voter choice office unless the county government designates oth-
erwise.
SECTION 6. ORS 249.013 is amended to read:
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249.013. (1) A person may not be a candidate for more than one lucrative office to be filled at
the same election.
(2)[(a)] A person may not file a nominating petition or declaration of candidacy for more than
one lucrative office [or more than one office of precinct committeeperson] before the date of the
election at which a person will be nominated or elected to each office unless the person first files
a written withdrawal, under ORS 249.170, of the person’s initial filing.
[(b) Notwithstanding ORS 249.170, if a person files a declaration of write-in candidacy for an office
of precinct committeeperson under ORS 248.019, any prior declaration of candidacy for the office of
precinct committeeperson that was filed for that election by the same person is considered withdrawn.]
(3) If at any time before the date of the election at which a person will be nominated or elected
to each office it is determined that a person has filed two or more nominating petitions or declara-
tions of candidacy for any lucrative office [or two or more nominating petitions or declarations of
candidacy for the office of precinct committeeperson] without written withdrawal or withdrawals in-
tervening, all such filings are invalid and any other filing made by the same person is void.
(4)(a) A person may not be a candidate for more than one position on the same district board
to be filled at the same election.
(b) As used in this subsection, “district board” means the governing body of a district as defined
in ORS 255.012.
(5) A person may not be a candidate for more than one city office to be filled at the same
election.
(6) Notwithstanding any provision of this section, in the case of a vacancy to be filled by
election, the same person is eligible for nomination and election to both the unexpired and the
succeeding terms. The name of the candidate may be placed on the ballot in both places.
(7) For any incumbent officeholder, the filing deadline for a nominating petition or a
declaration of candidacy for an additional term of the same public office, or for filing a
withdrawal of the petition or declaration, must be seven days prior to the corresponding fil-
ing deadlines for nonincumbent candidates for that public office.
SECTION 7. ORS 249.016 is amended to read:
249.016. A candidate [of a major political party] for public office [or a candidate for nonpartisan
office] shall be nominated only in the manner provided in ORS 249.016 to 249.205.
SECTION 8. ORS 249.020 is amended to read:
249.020. (1) An eligible elector, regardless of party affiliation or non-affiliation, may become
a candidate for voter choice office or nonpartisan office[, or for the nomination to an office by the
major political party of which the elector is a member,] by filing a nominating petition or a declara-
tion of candidacy.
(2) At the time of filing, a declaration of candidacy shall be accompanied by the filing fee
specified in ORS 249.056.
(3) At the time of filing, a nominating petition shall contain the signature sheets described under
ORS249.064.
SECTION 9. ORS 249.023 is amended to read:
249.023. Notwithstanding any provision of this chapter, and except as provided in section 8,
Article IV, Oregon Constitution, and section 2, Article V, Oregon Constitution, an otherwise quali-
fied person who will attain the age of 18 years after the deadline for filing a nominating petition
or declaration of candidacy for nomination to any [major political party] office and on or before the
date of the primary election, and who is registered [as a member of the major political party] to vote
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not later than the date of the primary election, is eligible to file a nominating petition for nomi-
nation to any [major political party] office, to be listed on the ballot and to be nominated for the
office, including by write-in votes.
SECTION 10. ORS 249.031 is amended to read:
249.031. (1) [Except as provided in subsection (2) of this section,] A nominating petition or decla-
ration of candidacy shall contain:
(a) The name by which the candidate is commonly known. A candidate may use a nickname in
parentheses in connection with the candidate’s full name.
(b) Address information as required by the Secretary of State by rule.
(c) The office and department or position number, if any, for which the candidate seeks nomi-
nation.
[(d) If the candidate is seeking the nomination of a major political party, the name of the major
political party of which the candidate will have been a member, subject to the exceptions stated in ORS
249.046, during at least 180 days before the deadline for filing a nominating petition or declaration of
candidacy.]
(d) If the candidate is seeking nomination for or election to a voter choice office, the
names of the political parties that have officially issued endorsements that the candidate has
accepted.
(e) A statement that the candidate is willing to accept the nomination or election [or, regarding
a candidate for precinct committeeperson, that the candidate accepts the office if elected].
(f) A statement that the candidate will qualify if elected.
[(g) If the candidate is seeking the nomination of a major political party, a statement that the
candidate, if not nominated, will not accept the nomination or endorsement of any political party other
than the one of which the candidate is a member on the date the petition or declaration is filed.]
[(h)] (g) The signature of the candidate.
[(i)](h) A statement of the candidate’s occupation, educational and occupational background and
prior governmental experience.
[(2) Subsection (1)(i) of this section does not apply to a candidate for election as a precinct com-
mitteeperson.]
[(3)] (2) The Secretary of State shall ensure that the templates for a nominating petition or
declaration of candidacy provide the candidate with the option to:
(a) Provide the candidate’s race and ethnicity; and
(b) Limit the public accessibility of the candidate’s residence address in the manner set forth in
ORS 249.021.
[(4)] (3) A declaration of candidacy shall include a statement that the required fee is included
with the declaration.
[(5) If required by the national rules of the major political party, the declaration of a candidate for
election as a precinct committeeperson shall include the name of the individual the candidate supports
for President of the United States or “uncommitted” or “no preference.”]
SECTION 11. ORS 249.037 is amended to read:
249.037. (1) Except as otherwise provided in this section, a nominating petition or declaration
of candidacy shall be filed not sooner than the 250th day and not later than the 70th day before the
date of the nominating election.
(2) If a vacancy occurs in a partisan elective office or voter choice office after the 80th day
and before the 70th day before the nominating election, a nominating petition or declaration of
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candidacy for that office may be filed not later than the 65th day before the nominating election.
[(3) A declaration of candidacy for the office of precinct committeeperson shall be filed not sooner
than the 250th day and not later than the 70th day before the date of the primary election.]
SECTION 12. ORS 249.042 is amended to read:
249.042. When an elector files with the appropriate filing officer the statement and prospective
petition under ORS 249.061, or a declaration of candidacy, it is conclusive evidence that the elector
is a candidate for nomination or election [by the elector’s political party or] to the [nonpartisan] office
stated in the petition or declaration.
SECTION 13. ORS 249.056 is amended to read:
249.056. (1) At the time of filing a declaration of candidacy, a candidate for the following offices
shall pay to the officer with whom the declaration is filed the following fee:
(a) United States Senator, $150.
(b) Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bu-
reau of Labor and Industries, Representative in Congress, judge of the Supreme Court, Court of
Appeals or Oregon Tax Court, or executive officer or auditor of a metropolitan service district, $100.
(c) County officer, district attorney, county judge who exercises judicial functions or circuit
court judge, $50.
(d) State Senator or Representative or councilor of a metropolitan service district under ORS
chapter 268, $25.
(2) No filing fee [shall] may be required of persons filing a declaration of candidacy for [precinct
committeeperson or] justice of the peace or who have submitted sufficient verified voter signa-
tures to satisfy the requirements of ORS 249.072.
SECTION 14. ORS 249.064 is amended to read:
249.064. [(1) A nominating petition of a candidate seeking the nomination of a major political party
shall contain a statement that each elector whose signature appears on the petition is a member of the
same major political party as is the candidate.]
[(2)] (1) A nominating petition of any candidate shall contain the number of signatures of elec-
tors required by ORS [249.068 or] 249.072 and the residence or mailing address and name or number
of the precinct, if known, of each elector whose signature appears.
[(3)] (2) Pursuant to ORS 249.008, the county clerks or the Secretary of State shall certify the
signatures contained in the nominating petition for genuineness.
SECTION 15. ORS 249.072 is amended to read:
249.072. (1) If the nonpartisan or voter choice office is to be voted for in the state at large, the
nominating petition shall contain at least 1,000 signatures of electors, or a number of signatures of
electors equal to at least one percent of the vote cast in the state for all candidates for Governor
at the most recent election at which a candidate for Governor was elected to a full term, whichever
is less. The signatures shall include those of at least 100 electors registered in each congressional
district.
(2) The nominating petition for a nonpartisan or voter choice office not provided for in sub-
section (1) of this section shall contain at least 500 signatures of electors in the electoral district,
or a number of signatures of electors equal to at least one percent of the vote cast in the electoral
district for all candidates for Governor at the most recent election at which a candidate for Gov-
ernor was elected to a full term, whichever is less.
SECTION 16. ORS 249.076 is amended to read:
249.076. [(1) A person who is not a member of the same major political party as the candidate for
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nomination by the major political party may not sign the nominating petition of the candidate.]
[(2)] (1) Any elector may sign:
(a) A nominating petition or certificate of nomination of any candidate for nonpartisan office
or voter choice office; and
[(b) A nominating petition or certificate of nomination of any nonaffiliated candidate; and]
[(c)] (b) Nominating petitions or certificates of nomination for more than one candidate for the
same office.
SECTION 17. ORS 249.205 is amended to read:
249.205. (1) If the only candidate nominated to [a nonpartisan] an office dies, withdraws or be-
comes ineligible, or if a vacancy occurs in the [nonpartisan] office after the 70th day before the
nominating election and on or before the 62nd day before the general election, a candidate for the
office may file a declaration of candidacy in the manner provided for [nonpartisan] that office or
shall be nominated by nominating petition in the manner provided for [nonpartisan] that office.
(2) The Secretary of State by rule may adopt a schedule for filing nominating petitions or dec-
larations of candidacy under this section. The schedule may specify the period within which nomi-
nating petitions or declarations of candidacy must be filed after a vacancy occurs.
SECTION 18. ORS 249.215 is amended to read:
249.215. (1) If a vacancy occurs in a state office before the 61st day before the first general
election to be held during that term of office, the remaining two years of the term of the state office
shall be filled by the electors at that general election.
(2) The remaining two years of the term of the state office shall commence on the second
Monday in January following the general election. Any appointment made to fill the vacancy shall
expire when a successor to the office is elected and qualified.
(3) Candidates for the remaining two years of the term of the state office under this section shall
be nominated as provided in this chapter.[, with major political parties following the procedure set
forth in ORS 249.200, except as follows:]
[(a) A minor political party, by party rule, or an assembly of electors or individual electors, may
select a nominee; and]
[(b) The Secretary of State shall accept certificates of nomination and notifications of nominees filed
with the secretary pursuant to a schedule for filing set by the secretary, but in any case not later than
the 62nd day before the first general election.]
(4) As used in this section, “state office” means the office of Governor, Secretary of State, State
Treasurer, Attorney General and Commissioner of the Bureau of Labor and Industries.
SECTION 19. ORS 249.705 is amended to read:
249.705. A minor political party, assembly of electors or individual electors may nominate [one
candidate for each partisan public office to be filled at the general election] electors of President and
Vice President of the United States by preparing and filing a certificate of nomination as provided
in ORS 249.712 to 249.850.
SECTION 20. ORS 249.712 is amended to read:
249.712. (1) To complete a nomination for electors of President and Vice President of the
United States, the nominee must accept the nomination.
(2) The acceptance of the nominee may be indorsed upon the certificate of nomination and
signed by the nominee, or it may be indorsed by a letter or telegram from the nominee attached to
the certificate and filed with it. If the acceptance does not accompany the certificate of nomination,
the nominee, at any time after the certificate is filed and before the time for filing nominations for
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the office has expired, may file an acceptance in the same manner and in the same office where the
certificate is filed. The officer with whom the acceptance is filed shall indorse it and attach it to the
certificate of nomination to which it refers.
SECTION 21. ORS 249.720 is amended to read:
249.720. (1) A certificate of nomination for electors of President and Vice President of the
United States shall contain:
(a) The name by which the candidate is commonly known. A candidate may use a nickname in
parentheses in connection with the full name.
(b) Address information as required by the Secretary of State by rule.
(c) The office, and department or position number if any, for which the candidate is nominated.
(d) The name of the minor political party, if any, that nominated the candidate.
(e) If the candidate is nominated for a partisan office by an assembly of electors or individual
electors, the word “nonaffiliated” and a statement that the candidate has not been a member of a
major or minor political party during at least 180 days before the deadline for filing the certificate
of nomination.
(f) A statement that the candidate will qualify if elected.
(g) The signature of the candidate.
(h) A statement of the candidate’s occupation, educational and occupational background and
prior governmental experience.
(2) The Secretary of State shall ensure that the template for a certificate of nomination provides
the candidate with the option to:
(a) Provide the candidate’s race and ethnicity; and
(b) Limit the public accessibility of the candidate’s residence address in the manner set forth in
ORS 249.021.
(3) [For certificates of nomination of candidates for electors of President and Vice President of the
United States,] The names of the candidates for President and Vice President the candidates repre-
sent may be added to the name of the minor political party or the word “nonaffiliated,” as the case
may be.The names of all the candidates of a minor political party, or nonaffiliated candidates, for
electors of President and Vice President may be upon the same certificate of nomination.
(4) A certificate of nomination made by an assembly of electors shall be signed by the presiding
officer and secretary of the nominating convention of the assembly. A certificate of nomination made
by a minor political party shall be signed by an officer of the party. An affidavit shall be made on
the certificate by the presiding officer and secretary of the nominating convention of the assembly
or by the officer of the minor political party and signed and acknowledged by them before a notary
public. The affidavit shall be that the statements in the certificate of nomination and related docu-
ments are true. With respect to an assembly of electors, the affidavit shall state that the assembly
satisfied the requirements of ORS 249.735.
SECTION 22. ORS 249.722 is amended to read:
249.722. [(1)] Except as provided in subsection (3) of this section, a certificate of nomination of
[a candidate for public office] electors of President and Vice President of the United States shall
be filed not sooner than the 15th day after the date of the primary election and not later than the
70th day before the date of the general election.
[(2) A certificate of nomination of a candidate for:]
[(a) State office, United States Senator or Representative in Congress shall be filed with the Sec-
retary of State.]
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[(b) County office shall be filed with the county clerk.]
[(c) City office shall be filed with the chief city elections officer.]
[(3) For a special election, including an election to fill a vacancy that occurs after the 70th day
before the general election, the Secretary of State by rule may adopt a schedule specifying the period
within which a certificate of nomination must be filed. If the Secretary of State does not adopt a rule
under this subsection, a certificate of nomination must be filed before the 61st day preceding the
election.]
SECTION 23. ORS 249.735 is amended to read:
249.735. (1) An assembly of electors is an organized body:
(a) Of not fewer than 1,000 electors of the state for a statewide nomination.
(b) Of not fewer than 500 electors of the congressional district for which the nomination for
Representative in Congress is made.
(c) Of not fewer than 250 electors of the county or any other district for which the nomination
is made.
(2) An assembly of electors may nominate candidates for electors of President and Vice
President of the United States at a nominating convention. The convention shall be held in one
day and last not longer than 12 hours. The signature, printed name and residence or mailing address
of each member of the assembly shall be recorded at the convention and entered of record in the
minutes by the secretary of the assembly. Not less than the minimum number of electors required
to constitute an assembly of electors must have recorded their signatures in the minutes of the as-
sembly and must be present when the assembly nominates a candidate. The candidate receiving the
highest number of votes of the assembly for the office shall be the nominee of the assembly.
(3) Not later than the 10th day before the meeting of an assembly of electors, notice shall be
published at least once in not less than three newspapers of general circulation within the electoral
district for which the nomination will be made. The notice shall contain the time and place the as-
sembly will meet, the office or offices for which nominations will be made, and the names and ad-
dresses of not fewer than 25 electors qualified to vote in the assembly who desire that it be held.
(4) Proof of publication of notice in subsection (3) of this section shall be made by affidavit of
the owner, editor, publisher, manager, advertising manager, principal clerk of any of them, or the
printer or printer’s foreman of the newspaper in which the notice is published. The affidavit shall
show publication and shall be filed with the filing officer with the certificate of nomination.
(5) Not later than the 10th day before the meeting of an assembly of electors, a copy of the
notice under subsection (3) of this section shall be delivered to the filing officer who will supervise
the conduct of the nominating convention.
(6) The presiding officer of an assembly of electors shall deliver the signatures of assembly
members entered in the minutes to the appropriate county clerks of the counties in which the as-
sembly members live or to the Secretary of State if the Secretary of State is designated as the filing
officer under ORS 249.035. The signatures shall be certified by the appropriate county clerk or by
the Secretary of State under ORS 249.008. A copy of the minutes, certified by the secretary of the
assembly, and the certificate of the county clerk or the Secretary of State shall be filed with the
certificate of nomination.
(7) If the assembly of electors designates a committee to whom the assembly delegated the au-
thority to fill vacancies as provided in ORS 249.842, a notice containing the names of the members
of the committee shall be delivered to the filing officer with the certificate of nomination.
SECTION 24. ORS 249.737 is amended to read:
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249.737. [(1)] The [filing officer for the office for which nominations will be considered by an as-
sembly of electors] Secretary of State shall supervise the conduct of the nominating convention.
The [filing officer] secretary shall [insure] ensure that when the assembly of electors makes a
nomination, the number of electors required to be present at the nominating convention for the
purpose of constituting an assembly is at least equal to each of the following:
[(a)] (1) The number of signatures of assembly members in the minutes of the assembly.
[(b)] (2) The number of electors present at the nominating convention.
[(2) If an assembly of electors will consider nominations for an office for which the Secretary of
State is the filing officer and an office for which the county clerk or chief city elections officer is the
filing officer, the Secretary of State shall be thesupervisingofficerundersubsection(1)ofthis
section.]
[(3) If an assembly of electors will consider nominations for an office for which the county clerk
is the filing officer and an office for which the chief city elections officer is the filing officer, the county
clerk shall be the supervising officer under subsection (1) of this section.]
SECTION 25. ORS 249.810 is amended to read:
249.810. (1) Immediately after each certificate of nomination for elector of President and Vice
President of the United States is filed, the [filing officer] Secretary of State shall enter in the
register of nominations:
(a) The date the certificate was filed.
(b) The name of each candidate.
(c) The office for which the candidate is nominated.
(d) When applicable, the name of the minor political party or identification of the assembly of
electors making the nomination, and the names of the chairperson and secretary certifying it.
(e) If the certificate of nomination is made by individual electors, the total number of certified
signatures contained in the certificate.
(2) As soon as an acceptance or withdrawal of a candidate is filed with a filing officer, it shall
be entered in the register of nominations.
SECTION 26. ORS 249.830 is amended to read:
249.830. (1) A person who has been nominated and has accepted the nomination under ORS
249.712 may withdraw from the nomination by filing with the [officer with whom the certificate of
nomination was filed] Secretary of State a written statement declining the nomination and stating
the reason for withdrawal.
(2) The statement must be:
(a) Signed by the person withdrawing from the nomination; and
(b) Filed not later than the 67th day before the general election.
[(3) The statement may be sent to the Secretary of State through a county clerk, as provided by
ORS249.850.]
SECTION 27. ORS 249.842 is amended to read:
249.842. (1) Subject to subsection (5) of this section, before the date of the general election, a
vacancy in a nomination of elector of President and Vice President of the United States made
by a minor political party may be filled as provided by party rule.
(2) Subject to subsection (5) of this section, before the date of the general election, a vacancy
in a nomination of elector of President and Vice President of the United States made by an
assembly of electors may be filled by:
(a) Reconvening the assembly that made the original nomination to select a new nominee; or
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(b) A committee to whom the assembly at its convention delegated the authority to fill vacan-
cies.
(3) An assembly of electors may reconvene under subsection (2) of this section only at the call
of the chairperson of the original assembly. An assembly will be considered the assembly that made
the original nomination if the chairperson and secretary are the same as those of the original as-
sembly.
(4) Subject to subsection (5) of this section, before the date of the general election, a vacancy
in a nomination made by individual electors may be filled by filing a new certificate of nomination.
The certificate of nomination to fill the vacancy shall conform with the requirements of ORS 249.720
[and249.740].
(5) The Secretary of State by rule may adopt a schedule specifying the period after a vacancy
in a nomination occurs within which a certificate of nomination filling the vacancy must be filed.
SECTION 28. ORS 249.850 is amended to read:
249.850. (1) The certificate of nomination to fill the vacancy under ORS 249.842, may be filed
directly with the [officer with whom the certificate of nomination of the original candidate was filed,
or it may be presented in duplicate to any county clerk who shall file one of the certificates in the
clerk’s office, immediately notify the appropriate filing officer of the nomination and send the duplicate
certificate to the officer by the most expeditious method practicable] Secretary of State.
(2) Upon receipt of notification that a vacancy has been filled, the [filing officer] secretary shall
certify the name of the person selected to fill the vacancy to be included on the ballot. If the cer-
tification of candidates has already been sent to the county clerk, the secretary [of State or city fil-
ing officer] immediately shall give written certification of the new candidate to each county clerk
responsible for preparing ballots on which the office will appear. The certification shall state the
name and residence of the candidate nominated to fill the vacancy, the office for which the nomi-
nation was made, the name of the minor political party the candidate represents or the name of the
chairperson of the assembly nominating the candidate, and the name of the person for whom the
candidate is substituted. Upon receipt of the certification, the county clerk shall place the new
candidate’s name on the ballot.
SECTION 29. ORS 249.048, 249.068, 249.088, 249.091, 249.190, 249.200 and 249.740 are re-
pealed.
SECTION 30. ORS 3.030 is amended to read:
3.030. Each circuit judge shall hold office for the term for which the circuit judge was
elected[;], and at the general election [or, if applicable, at the election specified in ORS 249.088] next
prior to the expiration of the term of office there shall be elected a circuit judge to succeed the
circuitjudge.
SECTION 31. ORS 8.610 is amended to read:
8.610. A district attorney for each county shall be elected by the electors of the county, at the
general election [or, if applicable, at the election specified in ORS 249.088] next preceding the expi-
ration of the term of the then incumbent. The district attorney shall hold office for the term of four
years and until a successor is elected and qualified.
SECTION 32. ORS 51.230 is amended to read:
51.230. The election at which a justice of the peace shall be elected shall be the general election
[or, if applicable, the election specified in ORS 249.088] next preceding the expiration of the term of
the incumbent of the office.
SECTION 33. ORS 202.100 is amended to read:
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202.100. (1) Not later than the 30th day after the Governor issues the proclamation provided for
in ORS 199.790 or 202.060, the Governor shall appoint three electors, who must be residents of the
new county so formed, to serve as county judge and commissioners for the new county. When the
persons appointed accept and qualify for their offices under ORS 204.016 and 204.020, the new
county shall have existence as a county and shall be governed by the laws of this state relating to
counties. The persons appointed shall serve until the first Monday in January after the general
election[, or, if applicable, after the election specified in ORS 249.088,] at which their successors are
elected.
(2) At the next practicable general election[, or, if applicable, at the next practicable election
specified in ORS 249.088,] following the appointment, successors to the persons appointed under this
section shall be elected. The candidate receiving the highest number of votes shall be elected county
judge. If the office of county judge has judicial functions, the candidate shall be elected to a six-year
term. If the office of county judge has no judicial functions, the candidate shall be elected to a
four-year term. The candidate receiving the second highest number of votes shall be elected to a
four-year term as commissioner. The candidate receiving the third highest number of votes shall be
elected to a two-year term as commissioner.
(3) The successors shall take office on the first Monday in January next following their election.
(4) At each general election[, or, if applicable, at each election specified in ORS 249.088,] follow-
ing the election at which the first board is elected, a successor shall be elected to fill any expiring
term.
SECTION 34. ORS 204.005 is amended to read:
204.005. (1) The following county officers shall be elected at the primary election or general
election[, as provided in ORS 249.088]:
(a) A sheriff.
(b) A county clerk.
(c) A county assessor.
(d) A county treasurer.
(e) A county commissioner to succeed any commissioner whose term of office expires the fol-
lowingJanuary.
(f) In any county where there is a vacancy from any cause in the office of county commissioner,
an additional commissioner to fill the vacancy.
(2) Unless an adopted county charter or a county ordinance provides otherwise, the governing
body of a county shall appoint a county surveyor.
SECTION 35. ORS 249.180 is amended to read:
249.180. Any person who has been nominated at a primary election, or any person who has been
nominated to fill a vacancy as provided in ORS 188.120 [or 249.190 and 249.200], may withdraw from
nomination by filing a written statement declining the nomination and stating the reason for with-
drawal. The statement shall be signed by the candidate and filed not later than the 67th day before
the general election with the officer with whom the candidate’s declaration of candidacy or nomi-
nating petition was filed.
SECTION 36. ORS 254.005 is amended to read:
254.005. As used in this chapter:
(1) “Ballot” means any material on which votes may be cast for candidates or measures. In the
case of a recall election, “ballot” includes material posted in a voting compartment or delivered to
an elector by mail.
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(2) “Chief elections officer” means the:
(a) Secretary of State, regarding a candidate for a state office or an office to be voted on in the
state at large or in a congressional district, or a measure to be voted on in the state at large.
(b) County clerk, regarding a candidate for a county office, or a measure to be voted on in a
countyonly.
(c) City clerk, auditor or recorder, regarding a candidate for a city office, or a measure to be
voted on in a city only.
(3) “County clerk” means the county clerk or the county official in charge of elections.
(4) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Consti-
tution.
(5) “Major political party” means a political party that has qualified as a major political party
under ORS 248.006.
(6) “Measure” includes any of the following submitted to the people for their approval or re-
jection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(7) “Minor political party” means a political party that has qualified as a minor political party
under ORS 248.008.
(8) “Nonpartisan office” means the office of judge of the Supreme Court, Court of Appeals, cir-
cuit court or the Oregon Tax Court, Commissioner of the Bureau of Labor and Industries, any
elected office of a metropolitan service district under ORS chapter 268, justice of the peace, county
clerk, county assessor, county surveyor, county treasurer, county judge who exercises judicial
functions, sheriff, district attorney or any office designated nonpartisan by a home rule charter.
(9) “Prospective petition” means the information, except signatures and other identification of
petition signers, required to be contained in a completed petition.
(10) “Regular district election” means the election held each year for the purpose of electing
members of a district board as defined in ORS 255.005 (2).
(11) “Vote tally system” means one or more pieces of equipment necessary to examine and tally
automatically the marked ballots.
(12) “Voter choice office” means:
(a) The office of United States Senator, Representative in Congress, Governor, Secretary
of State, State Treasurer, Attorney General, state Senator and state Representative and any
other state, county, city or district office that is not a nonpartisan office nor an office for
which nominations to the general election by political parties are expressly authorized by
law;
(b) The Commissioner of the Bureau of Labor and Industries; and
(c) Any other state, county, city, regional or district office that the governing body of
the jurisdiction designates as a voter choice office.
[(12)] (13) “Voting machine” means any device that will record every vote cast on candidates
and measures and that will either internally or externally total all votes cast on that device.
SECTION 37. Sections 38 to 40 of this 2025 Act are added to and made a part of ORS
chapter254.
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SECTION 38. (1) The provisions of this section are intended to provide electors access
to information in the public record about candidates for voter choice offices and the political
parties that endorse those candidates, without infringing on the rights of political parties and
their members to organize and associate.
(2)(a) For each candidate for a voter choice office, the county clerk shall print on the
primary election ballot the name of the candidate with the names of up to three political
parties that have official endorsed the candidate, in the order specified by the candidate,
preceded by the phrase “Endorsed by:”.
(b) The county clerk shall print only those endorsements that have been accepted by the
candidate and for which the chief elections officer has received notice not later than the 45th
day before the primary election.
(c) The county clerk shall print on every page of a primary election ballot that displays
a candidate for voter choice office:“The political party name next to the name of the can-
didate means that the party recognizes the candidate as acceptable to the party and its
membership. It is not an endorsement of the candidate by the party.”
(3) For each candidate for a voter choice office, the county clerk shall print on the gen-
eral election ballot the name of the candidate with the names of up to three political parties
that have officially endorsed the candidate, in the order specified by the candidate, preceded
by the phrase “Endorsed by:”. The county clerk shall print only those endorsements that
have been accepted by the candidate and for which the chief elections officer has received
notice not later than the 55th day before the date of the general election.
(4) in order to officially endorse candidates for voter choice office, a political party must
adopt rules governing the endorsement. The rules shall be filed with the Secretary of State.
The rules must ensure the fair and open participation of all interested members of the party
in making endorsement decisions and must be adopted not later than 180 days before any
election to which the rules would apply.
(5) A political party may officially endorse multiple candidates for the same office.
(6) As used in this section, “political party” means a party qualified as a major or minor
political party in this state under ORS chapter 248.
SECTION 39. Except as provided in this 2025 Act, all provisions of state law that apply
to elections and ballots for nonpartisan offices also apply to voter choice offices.
SECTION 40.(1) Notwithstanding ORS 254.065, all general elections for voter choice of-
fices must be conducted by a method that enables each voter to assign multiple rankings or
multiple ratings to candidates for each office, with the winner or winners to be determined
by means of automatic runoff calculations that do not require electors to cast additional
ballots.
(2) The Secretary of State shall establish by rule the method described in subsection (1)
of this section.
SECTION 41. Section 40 of this 2025 Act applies to general elections after January 1, 2028.
SECTION 42. ORS 254.056 is amended to read:
254.056. (1) The general election shall be held on the first Tuesday after the first Monday in
November of each even-numbered year. Except as provided in ORS 254.650, at the general election
officers of the state and subdivisions of the state, members of Congress and electors of President
and Vice President of the United States as are to be elected in that year shall be elected.
(2) The primary electionfor offices other than President and Vice President of the United
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States shall be held on the [third Tuesday in May] first Tuesday of August of each even-numbered
year. [At the primary election precinct committeepersons shall be elected and major political party
candidates shall be nominated for offices to be filled at the general election held in that year.]
(3) The primary election for major political party nominations for President and Vice
President of the United States shall be held on the second Tuesday in March of each year in
which a President of the United States is elected.
(4) Not later than the first day of September of the year previous to a year in which a
President of the United States is elected, the Secretary of State may adopt a different date
for the presidential primary, including in coordination with other states in a regional pri-
mary. The adopted date must not be earlier than permitted by the national rules of any
major political party.
SECTION 43. ORS 254.076 is amended to read:
254.076. The chief elections officer shall keep a register of candidates for nomination at the
primary election. The register, if applicable, shall contain [for each major political party]:
[(1) The title of each office for which the major political party will nominate candidates at the
primaryelection.]
[(2)] (1) The name and mailing address of each candidate for nomination at the primary election.
[(3) The name of the major political party with which the candidate is registered as affiliated.]
(2) The names of the political parties that have officially issued endorsements that the
candidate has accepted.
[(4)] (3) The date of filing of the prospective petition for nomination of the candidate.
[(5)] (4) The date of filing of the completed petition for nomination of the candidate, the number
of valid signatures contained and the number of signatures required.
[(6)] (5) The date of filing of the declaration of candidacy of the candidate.
[(7)] (6) Such other information as may aid the chief elections officer in arranging the official
ballot for the primary election.
SECTION 44. ORS 254.115 is amended to read:
254.115. (1) The official primary election ballot shall be styled “Official Primary [Nominating]
Ballot [for the Party].” and shall state:
(a) The name of the county for which it is intended.
(b) The date of the primary election.
(c) The names of all candidates for nomination at the primary election to nonpartisan, voter
choice or other office whose nominating petitions or declarations of candidacy have been made and
filed, and who have not died, withdrawn or become disqualified.
[(d) The names of candidates for election as precinct committeeperson.]
[(e) The names of candidates for the party nomination for President of the United States who
qualified for the ballot under ORS 249.078.]
(2) The primary election ballot may include any city, county, voter choice or nonpartisan office
or the number, ballot title and financial estimates under ORS 250.125 of any measure.
(3)(a) The ballot may not contain the name of any person other than those referred to in sub-
sections (1) and (2) of this section.
(b) The name of each candidate for whom a nominating petition or declaration of candidacy has
been filed shall be printed on the ballot in but one place, except in circumstances where a candidate
may hold more than one office or nomination without violating ORS 249.013.
(c) In the event that two or more candidates for the same nomination or office have the same
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first name and last name, as indicated on the declarations of candidacy or nominating petitions of
the candidates, the location of their places of residence shall be printed with their names to distin-
guish one from another. [This paragraph does not apply to candidates for precinct committeeperson.]
(4) In a year in which a President of the United States is elected, the official presidential
primary election ballot must be styled “Official Presidential Primary Ballot for the (name
of) Party” and must state the name of each candidate for a political party nomination for
President of the United States who has qualified for the ballot under ORS 249.078.
SECTION 45. ORS 254.135 is amended to read:
254.135. (1) The official general or special election ballot shall be styled “Official Ballot” and
shallstate:
(a) The name of the county for which it is intended.
(b) The date of the election.
(c) The names of all candidates for offices to be filled at the election whose nominations have
been made and accepted and who have not died, withdrawn or become disqualified. The ballot may
not contain the name of any other person.
(d) The number, ballot title and financial estimates under ORS 250.125 of any measure to be
voted on at the election.
(2) The names of candidates for President and Vice President of the United States shall be
printed in groups together, with their political party designations. The names of the electors may
not be printed on the general election ballot. A vote for the candidates for President and Vice
President is a vote for the group of presidential electors supporting those candidates and selected
as provided by law. The general election ballot shall state that electors of President and Vice
President are being elected and that a vote for the candidates for President and Vice President shall
be a vote for the electors supporting those candidates.
(3)(a) The name of each candidate nominated shall be printed on the ballot in but one place,
without regard to how many times the candidate may have been nominated, except in circumstances
where a candidate may hold more than one office or nomination without violating ORS 249.013. [The
name of a political party, or names of political parties, shall be printed with the name of a candidate
for other than nonpartisan office according to the following rules:]
[(A) For a candidate not affiliated with a political party who is nominated by a minor political
party, the name of the minor political party shall be printed with the name of the candidate;]
[(B) For a candidate not affiliated with a political party who is nominated by more than one minor
political party, the names of not more than three minor political parties selected by the candidate shall
be printed with the name of the candidate;]
[(C) For a candidate who is a member of a political party who is nominated by a political party
of which the candidate is not a member, the name of the political party that nominated the candidate
shall be printed with the name of the candidate;]
[(D) For a candidate who is a member of a political party who is nominated by more than one
political party of which the candidate is not a member, the names of not more than three political
parties selected by the candidate shall be printed with the name of the candidate;]
[(E) For a candidate who is nominated only by a political party of which the candidate is a mem-
ber, the name of the political party of which the candidate is a member shall be printed with the name
of the candidate; and]
[(F) For a candidate who is nominated by a political party of which the candidate is a member and
by any political party or parties of which the candidate is not a member, the name of the political party
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of which the candidate is a member and the names of not more than two other political parties selected
by the candidate shall be printed with the name of the candidate.]
[(b) If a candidate is required to select the name of a political party to be printed on the ballot
under paragraph (a) of this subsection, the candidate shall notify the filing officer of the selection not
later than the 61st day before the day of the election.]
[(c)] (b) The word “incumbent” shall be printed with the name of each candidate for the Supreme
Court, Court of Appeals, Oregon Tax Court or circuit court who is designated the incumbent by the
Secretary of State under ORS 254.085.
[(d) The word “nonaffiliated” shall be printed with the name of each candidate who is not affiliated
with a political party and who is nominated by an assembly of electors or individual electors.]
[(e)] (c) If two or more candidates for the same office have the same or similar surnames, the
candidates’ occupations or the location of their places of residence shall be printed with their
names to distinguish one from another.
(4) Notwithstanding subsection (3)(a) of this section, the name of a candidate nominated for more
than one district office that is to be filled at the same election shall be separately printed upon the
ballot for each district office for which the candidate is nominated.
SECTION 46. ORS 254.365 is amended to read:
254.365. (1) An elector is not qualified or permitted to vote at any presidential primary election
for any candidate of a major political party, and it is unlawful for the elector to offer to do so, un-
less:
(a) The elector is registered as being affiliated with [one of] the major political [parties] party
nominating [or electing] its [candidates] candidate for [public office] President of the United States
at the primary election; or
(b) The elector [is registered as not being affiliated with any political party and] wishes to vote
in the primary election of a major political party that has provided under subsection (3) of this
section for apresidential primary election that admits electors not affiliated with [any] that poli-
tical party.
(2) Except as provided in ORS 254.470 (3), any elector offering to vote at the presidential pri-
mary election shall be given a ballot of the major political party with which the elector is registered
as being affiliated. The elector may not be given a ballot of any other political party at that primary
election. An elector not affiliated with any major political party and offering to vote at the presi-
dential primary election shall be given the ballot of the major political party in whose presidential
primary election the elector wishes to vote if that party has provided under subsection (3) of this
section for a primary election that admits electors not affiliated with [any] that political party. An
elector not affiliated with [any] that political party who is given a ballot of the major political party
associates with the party for the purpose of voting in that primary election.
(3)(a) Not later than the 90th day before the date of the presidential primary election, a major
political party may file with the Secretary of State a certified copy of the current party rule al-
lowing an elector not affiliated with [any] that political party to vote in the party’s presidential
primary election. The party may not repeal the rule as filed during the 90 days before the presi-
dential primary election. The rule shall continue to be effective after the date of the presidential
primary election until the party gives written notice to the Secretary of State that the rule has been
repealed. [Except as provided in paragraph (b) of this subsection, a party rule under this subsection
may limit the candidates for whom an elector who is not affiliated with any political party may vote.]
[(b) The party rule shall allow any elector who is permitted to vote for the most numerous branch
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of the Legislative Assembly also to vote in federal legislative elections, consistent with section 2, Article
I, and the Seventeenth Amendment to the United States Constitution.]
(b) The major political party’s rule may specify which categories of electors may vote in
the party’s presidential primary election, including those electors registered as not affiliated
with any political party or members of specified minor political parties.
[(4) If the primary election ballot includes city, county or nonpartisan offices or measures, and it
is given to an elector who is not eligible to vote for party candidates, the ballot shall be marked
“non-affiliated.”]
(4) The Secretary of State shall distribute presidential primary election ballots to each
elector qualified to vote in that party’s presidential primary election on the same basis as
for members of that party, without requiring a separate request from the elector.
SECTION 47. ORS 254.470 is amended to read:
254.470. (1) The Secretary of State by rule shall establish requirements and criteria for the
designation of places of deposit for the ballots cast in an election. The rules shall also specify the
dates and times the places of deposit must be open and the security requirements for the places of
deposit. At a minimum, the places designated under this section shall be open on the date of the
election for a period of eight or more hours, but must be open until at least 8 p.m. At each place
of deposit designated under this section, the county clerk shall prominently display a sign stating
that the location is an official ballot drop site.
(2)(a) Except as provided in paragraphs (b) to (e) of this subsection, the county clerk shall mail
by nonforwardable mail an official ballot with a return identification envelope and a secrecy envel-
ope not sooner than the 20th day before the date of an election and not later than the 14th day
before the date of the election, to each active elector of the electoral district as of the 21st day
before the date of the election.
(b) If the county clerk determines that an active elector of the electoral district as of the 21st
day before the date of the election does not receive daily mail service from the United States Postal
Service, the county clerk shall mail by nonforwardable mail an official ballot with a return iden-
tification envelope and a secrecy envelope to the elector not sooner than the 20th day before the
date of an election and not later than the 18th day before the date of the election.
(c) In the case of ballots to be mailed to addresses outside this state to electors who are not
military or overseas electors, the county clerk may mail the ballots not sooner than the 29th day
before the date of the election.
(d) If an active elector of the electoral district requests an absentee ballot because the elector
will be absent from the electoral district during the period of time described in paragraph (a) of this
subsection, the county clerk may, if the elector’s ballot is available:
(A) Allow the elector to receive the elector’s ballot in person at the office of the county clerk
not sooner than the 43rd day before the date of the election; or
(B) Mail by nonforwardable mail an official ballot with a return identification envelope and a
secrecy envelope to the elector not sooner than the 43rd day before the date of the election.
(e) The county clerk is not required to mail a secrecy envelope under this subsection if the
Secretary of State has approved a different procedure under ORS 254.458 that provides substantially
the same degree of secrecy.
(3) For an election held on the date of a primary election[:]
[(a) The county clerk shall mail the official ballot of a major political party to each elector who is
registered as being affiliated with the major political party as of the 21st day before the date of the
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election.]
[(b) The county clerk shall mail the official ballot of a major political party to an elector not af-
filiated with any political party if the elector has applied for the ballot as provided in this subsection
and that party has provided under ORS 254.365 for a primary election that admits electors not affil-
iated with any political party.]
[(c) An elector not affiliated with any political party who wishes to vote in the primary election of
a major political party shall apply to the county clerk in writing. The application must be completed,
signed and submitted by the elector electronically, in person or by mail, in a manner determined by the
secretary by rule and must indicate which major political party ballot the elector wishes to receive.
Except for electors described in subsection (4) of this section, and subject to ORS 247.203, the applica-
tion must be received by the county clerk not later than 5 p.m. of the 21st day before the date of the
election.]
[(d) If the primary election ballot includes city, county or nonpartisan offices or measures], the
county clerk shall mail to each elector [who is not eligible to vote for party candidates] a ballot
limited to those offices and measures for which the elector is eligible to vote.
(4)(a) For each elector who updates a voter registration after the deadline in ORS 247.025, the
county clerk shall make the official ballot, the return identification envelope and the secrecy en-
velope available either by mail or at the county clerk’s office or at another place designated by the
county clerk. An elector to whom this subsection applies must request a ballot from the county
clerk.
(b) The county clerk is not required to make available a secrecy envelope under this subsection
if the Secretary of State has approved a different procedure under ORS 254.458 that provides sub-
stantially the same degree of secrecy.
(5) The ballot shall contain the following warning:
_______________________________________________________________________________________
Any person who, by use of force or other means, unduly influences an elector to vote in any
particular manner or to refrain from voting is subject to a fine.
_______________________________________________________________________________________
(6)(a) Upon receipt of any ballot described in this section, the elector shall mark the ballot, sign
the return identification envelope supplied with the ballot and comply with the instructions provided
with the ballot.
(b) The elector may return the marked ballot to the county clerk by United States mail or by
depositing the ballot at the office of the county clerk, at any place of deposit designated by the
county clerk or at any location described in ORS 254.472 or 254.474.
(c) The ballot must be returned in the return identification envelope.
(d) Subject to paragraph (e) of this subsection, if a person returns a ballot for an elector, the
person shall deposit the ballot in a manner described in paragraph (b) of this subsection not later
than two days after receiving the ballot.
(e) If the elector deposits the ballot at the office of the county clerk, at any place of deposit
designated by the county clerk or at any location described in ORS 254.472 or 254.474, the ballot
must be received at the office of the county clerk, at the designated place of deposit or at any lo-
cation described in ORS 254.472 or 254.474 not later than the end of the period determined under
subsection (1) of this section on the date of the election.If the elector returns the ballot by mail:
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(A) The ballot must be received at the office of the county clerk not later than the end of the
period determined under subsection (1) of this section on the date of the election; or
(B) The ballot must:
(i) Have a postal indicator showing that the ballot was mailed not later than the date of the
election;and
(ii) Be received at the office of the county clerk not later than seven calendar days after the
date of the election.
(f) If a county clerk receives a marked ballot for an elector who does not reside in the clerk’s
county, the ballot shall be forwarded to the county clerk of the county in which the elector resides
not later than the eighth day after the election.
(7) The following shall appear on the return identification envelope:
(a) Space for the elector to sign the envelope.
(b) A notice designed by rule by the Secretary of State, in consultation with the county clerks,
explaining that by signing the ballot the elector is attesting under penalty of perjury that the ballot
was mailed no later than the date of the election.
(c) A summary of the applicable penalties for knowingly making a false statement, oath or affi-
davit under the election laws.
(8) If the elector returns the ballot by mail, and a postal indicator is not present or legible, the
ballot shall be considered to be mailed on the date of the election and may be counted if the ballot
is received no later than seven calendar days after the election.
(9) An elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not
received by the elector.Replacement ballots shall be issued and processed as described in this
section and ORS 254.480. The county clerk shall keep a record of each replacement ballot provided
under this subsection.Notwithstanding any deadline for mailing ballots in subsection (2) of this
section, a replacement ballot may be mailed, made available in the office of the county clerk or made
available at one central location in the electoral district in which the election is conducted. The
county clerk shall designate the central location. A replacement ballot need not be mailed after the
fifth day before the date of the election.
(10) A ballot shall be counted only if:
(a) It is returned in the return identification envelope;
(b) The envelope is signed by the elector to whom the ballot is issued, unless a certified state-
ment is submitted under ORS 254.431; and
(c) The signature is verified as provided in subsection (11) of this section.
(11) The county clerk shall verify the signature of each elector on the return identification en-
velope with the signature on the elector’s registration record, according to the procedure provided
by rules adopted by the Secretary of State. Rules adopted by the secretary under this subsection
must limit personnel authorized to verify signatures to the personnel authorized to count ballots
under ORS 254.476. If the county clerk determines that an elector to whom a replacement ballot has
been issued has voted more than once, the county clerk shall count only one ballot cast by that
elector.
(12) At 8 p.m. on election day, electors who are at the county clerk’s office, a place of deposit
designated under subsection (1) of this section or any location described in ORS 254.472 or 254.474
and who are in line waiting to vote or deposit a voted ballot shall be considered to have begun the
act of voting.
(13)(a)(A) Except as provided in subparagraph (B) of this paragraph, the name of the Secretary
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of State may not appear in the secretary’s official capacity on the return identification envelope or
on any instructions or materials included with the ballot if the secretary is a candidate in the
election for which the ballot is printed.
(B) This paragraph does not prohibit the name of the Secretary of State from appearing in the
secretary’s official capacity in the voters’ pamphlet.
(b) The name of the county clerk or other filing officer may not appear in the official capacity
of the county clerk or filing officer on the return identification envelope or on any instructions or
materials included with the ballot if the county clerk or filing officer is a candidate in the election
for which the ballot is printed.
(c) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165.
(14) As used in this section, “postal indicator” means a postmark or other indicator on a mailed
ballot, identified by the Secretary of State by rule, that demonstrates the date or time at which a
ballot was mailed.
SECTION 48. ORS 254.555, as amended by section 6, chapter 56, Oregon Laws 2024, is amended
toread:
254.555. (1) Except as provided in ORS 254.548 or as necessary to comply with federal law con-
cerning the issuance of a certificate of ascertainment of presidential electors, not later than the 37th
day after any election, the Secretary of State, regarding offices for which the secretary receives
filings for nomination, shall:
(a) Canvass the votes for the offices, except the office of Governor after the general election.
(b) Enter in a register of nominations after the primary election the name [and, if applicable,
major political party] of each candidate nominated, the office for which the candidate is nominated,
the names of the political parties that have officially issued endorsements that the candidate
has accepted and the date of entry.
(c) Prepare and deliver a certificate of nomination or election to each candidate having the most
votes for nomination for or election to the office other than a voter choice office.The Secretary
of State shall sign the certificate under the seal of the state.
(d) Issue a proclamation declaring the election of candidates to the offices.
(e) Prepare and deliver the certificates of nomination to the five candidates for a voter
choice office who received the highest number of votes at the nominating election with not
less than one-half of one percent of the total number of votes cast for that office.
(2) Not later than the 30th day after the election:
(a) The Secretary of State, regarding measures for which the secretary is the filing officer, shall
canvass the votes for each measure.
(b) The Governor shall issue a proclamation giving the number of votes cast for or against each
such measure, and declaring the approved measures as the law on the effective date of the measure.
If two or more approved measures contain conflicting provisions, the Governor shall proclaim which
isparamount.
SECTION 49. ORS 254.565 is amended to read:
254.565. Subject to ORS 254.548, the chief city elections officer:
(1) After the primary election, shall enter in a register of nominations:
(a) The name of each candidate for city office nominated at the primary election.
(b) The office for which the candidate is nominated.
(c) If applicable, the [name of the major political party nominating the candidate] names of the
political parties that have officially issued endorsements that the candidate has accepted .
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(d) The date of the entry.
(2) After the general election, shall prepare and deliver a certificate of election to each qualified
candidate having the most votes for election to a city office.
(3) Not later than the 40th day after any election, shall canvass the vote on each city measure,
and if two or more of the approved measures contain conflicting provisions, proclaim which is par-
amount.
SECTION 50. ORS 254.650 is amended to read:
254.650. (1) If the Secretary of State determines that [a vacancy exists in the nomination of] a
candidate [of a major political party] for state office[, that the vacancy is due to the death of the
candidate and that the vacancy occurred]has died after the 47th day before the date of the general
election, if the deceased candidate was the only nominee for the office :
(a) The election for that state office may not be held at the general election;
(b) The county clerks may not count ballots cast for candidates for that state office at the
general election; and
(c) The Secretary of State shall order a special election as provided in ORS 254.655.
(2) The candidates listed on the ballot at the special election shall be:
(a) The candidates who were listed on the general election ballot, other than the candidate
whose nomination became vacant; and
(b) The candidate selected to fill the vacancy in the nomination as provided in ORS [249.190
or]249.205.
(3) If the Secretary of State determines that a candidate for state office has died after
the 47th day before the date of the general election, if the deceased candidate was not the
only nominee for the office:
(a) The election for that state office must be held at the general election, and the name
of the deceased candidate must appear on the ballot;
(b) The county clerks shall count ballots cast for candidates for that state office at the
general election, including any ballot cast for the deceased candidate; and
(c) If the deceased candidate receives the most votes, the office shall be filled through
the process for filling vacancies for that office.
[(3)] (4) As used in this section “state office” means the office of Governor, Secretary of State,
State Treasurer, Attorney General, state Senator or state Representative.
SECTION 51. ORS 254.025 and 254.370 are repealed.
SECTION 52. ORS 248.008 is amended to read:
248.008. (1) An affiliation of electors becomes a minor political party in the state, a county or
other electoral district, qualified to make nominations for public office in that electoral district and
in any other electoral district wholly contained within the electoral district, when the affiliation of
electors has acted as described in either paragraph (a) or (b) of this subsection:
(a)(A) When the affiliation of electors has filed with the Secretary of State a petition with the
signatures of at least a number of electors equal to one and one-half percent of the total votes cast
in the electoral district for all candidates for Governor at the most recent election at which a can-
didate for Governor was elected to a full term.
(B) The petition must contain only original signatures and must be filed not later than two years
following the date the prospective petition is filed. The petition must state the intention to form a
new political party and designate a name for the political party.
(C) Before circulating the petition, the chief sponsor of the petition must file with the Secretary
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of State a signed copy of the prospective petition. The chief sponsor must include with the pro-
spective petition a statement declaring whether one or more persons will be paid money or other
valuable consideration for obtaining signatures of electors on the petition. After the prospective
petition is filed, the chief sponsor must notify the filing officer not later than the 10th day after the
chief sponsor first has knowledge or should have had knowledge that:
(i) Any person is being paid for obtaining signatures, when the statement included with the
prospective petition declared that no person would be paid for obtaining signatures of electors.
(ii) No person is being paid for obtaining signatures, when the statement included with the
prospective petition declared that one or more persons would be paid for obtaining signatures of
electors.
(D) The circulator shall certify on each signature sheet that the circulator witnessed the signing
of the signature sheet by each individual whose signature appears on the signature sheet and that
the circulator believes each individual is an elector registered in the electoral district.
(E) The Secretary of State shall verify whether the petition contains the required number of
signatures of electors. The Secretary of State may not accept a petition for filing if it contains less
than 100 percent of the required number of signatures. The Secretary of State by rule shall desig-
nate 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 peti-
tion lacks the required number of signatures. The second sampling must contain a larger number
of signatures than the first sampling. The Secretary of State may employ professional assistance to
determine the sampling technique. The statistical sampling technique may be the same as that
adopted under ORS 250.105.
(b) When the affiliation of electors has polled for any one of its candidates for any public office
in the electoral district at least one percent of the total votes cast in the electoral district for all
candidates for:
(A) Presidential elector at the last general election at which candidates for President and Vice
President of the United States were listed on the ballot; or
(B) Any single [state] voter choice office to be voted upon in the state at large [for which
nominations by political parties are permitted by law] at the most recent election at which a candi-
date for the office was elected to a full term.
(2) After satisfying either subsection (1)(a) or (b) of this section, the minor political party may
nominate candidates for election at the next general election.
(3) A filing officer may not accept a certificate of nomination of a candidate nominated by a
minor political party for a subsequent general election unless the minor political party has main-
tained status as a minor political party as described in subsection (4) of this section.
(4)(a) In order to maintain status as a minor political party for a subsequent general election:
[(a)] (A) Following each general election, at any time during the period beginning on the date
of the next primary election and ending on the 90th day before the next general election, a number
of electors equal to at least one-quarter of one percent of the total number of registered electors in
this state must be registered as members of the party; or
[(b)(A)] (B)(i) Following each general election, at any time during the period beginning on the
60th day before the date of the next primary election and ending on the 90th day before the next
general election, a number of electors equal to at least one-tenth of one percent of the total votes
cast in the state or electoral district for all candidates for Governor at the most recent election at
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which a candidate for Governor was elected to a full term must be registered as members of the
party;and
[(B)](ii) At least once in a four-year period, a candidate or candidates [of] endorsed by the
party must poll at least one percent of the total votes cast in the electoral district at the primary
election or at the general election for all candidates for:
[(i)] (I) Presidential elector at the last general election at which candidates for President and
Vice President of the United States were listed on the ballot; or
[(ii)] (II) Any single [state] voter choice office to be voted upon in the state at large [for which
nominations by political parties are permitted by law at the most recent election at which a candidate
for the office was elected to a full term].
(b) If the primary or general election employs a method that allows electors to rank
multiple candidates for an office, followed by an automatic runoff, the affiliation of electors
or minor party shall receive credit for the highest number of votes received by any endorsed
candidate at any stage of the vote tabulation process.
(c) If the primary or general election employs a method that allows an elector to assign
the same rating to multiple candidates for an office, the affiliation of electors or minor party
shall receive credit for a vote, if on that elector’s ballot the candidate received the highest
rating given for the office. If multiple candidates receive the highest rating, each candidate
shall receive credit for one vote.
(5) An affiliation of electors that fails to maintain status as a minor political party ceases to be
a minor political party on the [90th] 60th day before the date of the next general election.
(6) During the period beginning on the 60th day before the date of the primary election and
ending on the 90th day before the date of the general election, the Secretary of State shall determine
at least once each month whether registration requirements to maintain status as a minor political
party have been satisfied.
(7) If a minor political party changes its name, only those electors who register on or after the
effective date of the name change as members of the party under the new party name shall be
counted as members of the party. If two or more minor parties merge, the members of each
merging party must be counted as members of the merged party.
[(8) An affiliation of electors or a minor political party may not nominate a candidate who is the
nominee of another political party at the same election in order to satisfy the one percent requirement
referred to in subsection (1)(b) or (4)(b)(B) of this section.]
(8) If a candidate is listed on the ballot as endorsed by more than one party, the candi-
date shall specify, on or before the 60th day before the date of the election, which party must
receive credit for the votes received by the candidate.
(9) For purposes of this section, “subsequent general election” means any general election that
is held after the first general election following qualification as a minor political party under sub-
section (1) of this section.
SECTION 53. ORS 248.009 is amended to read:
248.009. (1) A minor political party shall file with the filing officer a copy of its organizational
documents establishing its process for nominating candidates for [public office] President and Vice
President of the United States. The organizational documents shall be filed not later than 30 days
after they are adopted. The nominating process for candidates for election at the general election
shall provide an equal opportunity to all registered members of the party within the electoral dis-
trict to participate in the process of making nominations or selecting the delegates who will make
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the nominations. A minor political party shall file copies of any changes to its organizational docu-
ments relating to nomination of candidates for public office not later than 30 days after the date any
changes were made. The minor political party shall nominate candidates for public office only in
accordance with the procedures set forth in its organizational documents.
(2) A minor political party shall file with the filing officer a list of any officers selected by the
party. The list shall be filed not later than 10 days after any selection is made.A minor political
party shall file copies of any changes to the list of officers not later than 10 days after the date any
changes were made.
(3) Not later than the 10th day before any nominating convention of a minor political party,
[notice shall be published at least once in not fewer than three newspapers of general circulation within
the electoral district for which the nomination will be made. If there are fewer than three newspapers
of general circulation within the electoral district, notice shall be published at least once in one news-
paper of general circulation within the electoral district for which the nomination will be made and
other public notice shall be given that is reasonably calculated to assure that party members in the
electoral district receive notice of the convention. The notice shall contain the time and place of the
convention, and the office or offices for which nominations will be made.] the party shall publish
reasonable notice of the convention, including the time and place of the convention, to the
party’smembers.
SECTION 54. ORS 248.007, 248.012, 248.015, 248.017, 248.019, 248.021, 248.023, 248.024,
248.026, 248.027, 248.029, 248.031, 248.033, 248.035, 248.043, 248.045, 248.072, 248.075 and 248.085
arerepealed.
SECTION 55. ORS 171.051 is amended to read:
171.051. (1) When any vacancy occurs in the Legislative Assembly due to death or recall or by
reason of resignation filed in writing with the Secretary of State or a person is declared disqualified
by the house to which the person was elected, the vacancy shall be filled by appointment if:
(a) The vacancy occurs during any session of the Legislative Assembly;
(b) The vacancy occurs in the office of a state Representative before the 61st day before the
general election to be held during that term of office;
(c) The vacancy occurs in the office of a state Senator before the 61st day before the first gen-
eral election to be held during that term of office;
(d) The vacancy occurs in the office of a state Senator at any time after the 62nd day before the
first general election and before the 61st day before the second general election to be held during
that term of office; or
(e) A special session of the Legislative Assembly will be convened before a successor to the of-
fice can be elected and qualified.
(2) The person appointed under the provisions of subsection (1) of this section shall be a citizen
qualified to hold the office[,] and an elector of the affected legislative district [and a member of the
same political party for at least 180 days before the date on which the vacancy occurred. The political
affiliation of a person appointed under subsection (1) of this section shall be determined under ORS
236.100]. The appointment shall be made by the county courts or boards of county commissioners
of the affected counties pursuant to ORS 171.060 to 171.064. When the provisions of ORS 171.060 (1)
are applicable, the appointment shall be made from a list of not fewer than three nor more than five
nominees who have signed written statements indicating that they are willing to serve furnished by
the Secretary of State. If fewer than three names of nominees are furnished, a list shall not be
considered to have been submitted and the county courts or boards of county commissioners shall
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fill the vacancy. The vacancy must be filled by appointment within 30 days after its occurrence or
not later than the time set for the convening of the special session described in subsection (1)(e) of
this section when that is the basis for filling the vacancy.
(3) If the appointing authority required by this section to fill the vacancy does not do so within
the time allowed, the Governor shall fill the vacancy by appointment within 10 days.
(4) Notwithstanding any appointment under the provisions of subsection (1)(c) of this section,
when a vacancy occurs in the office of a state Senator before the 61st day before the first general
election to be held during that term of office, the remaining two years of the term of office shall
be filled by the electors of the affected legislative district at the first general election.
(5) Candidates for the remaining two years of the term of office of a state Senator under sub-
section (4) of this section shall be nominated as provided in ORS chapter 249[, with major political
parties following the procedure set forth in ORS 249.200, except as follows:]
[(a) A minor political party, assembly of electors or individual electors may select a nominee for
any vacancy occurring before the 61st day before the first general election; and]
[(b) The Secretary of State shall accept certificates of nomination and notifications of nominees se-
lected at a primary election or by party rule and filed with the secretary pursuant to a schedule for
filing set by the Secretary of State but in any case not later than the 62nd day before the first general
election].
(6) The remaining two years of the term of office of a state Senator under subsection (4) of this
section will commence on the second Monday in January following the general election. Any ap-
pointment under the provisions of subsection (1)(c) of this section shall expire when a successor to
the office is elected and qualified.
SECTION 56. ORS 171.060 is amended to read:
171.060. (1)(a) When any vacancy as is mentioned in ORS 171.051 exists in the office of Senator
or Representative [affiliated with a major political party] and that vacancy is to be filled by an ap-
pointing authority as provided in ORS 171.051, the Secretary of State forthwith shall notify [the
person designated by the party to receive such notice.] each party that endorsed the departing
Senator or Representative as a candidate in the previous primary election for that office or
endorsed the departing Senator or Representative as a candidate in the previous general
election for that office.
(b) A party that may nominate candidates to fill the vacancy are the qualified parties.
If one or more parties endorsed the departing Senator or Representative as a candidate in
the previous general election for that office, those shall be the qualified parties. If no parties
endorsed the departing Senator or Representative as a candidate in the previous general
election for that office, the parties that endorsed the departing Senator or Representative
as a candidate in the previous primary election for that office shall be the qualified parties.
(c) [The] Each qualified party shall pursuant to party rule nominate not fewer than three nor
more than five qualified persons to fill the vacancy. The nominating procedure shall reflect the
principle of one-person, one-vote to accord voting weight in proportion to the number of party
members represented. At the request of a party making a nomination, the county clerks of each
county constituting the district in which the vacancy exists shall assist the party in determining the
number of electors registered as members of the party in the district. A person shall not be nomi-
nated to fill the vacancy unless the person signs a written statement indicating that the person is
willing to serve in the office of Senator or Representative. As soon as the nominees have been ap-
pointed, but no later than 20 days after the vacancy occurs, the party or parties shall notify the
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Secretary of State of the persons nominated. The notification shall be accompanied by the signed
written statement of each nominee indicating that the nominee is willing to serve in the office of
Senator or Representative. The Secretary of State shall notify the county courts or boards of county
commissioners of the counties constituting the district in which the vacancy exists of the nominees
and of the number of votes apportioned to each member of the county courts or boards of county
commissioners under ORS 171.062 and 171.064. The Secretary of State shall set a time for the
meeting of the county courts or boards of county commissioners in order to fill the vacancy and by
rule shall establish procedures for the conduct of the meeting. If the district is composed of more
than one county, the Secretary of State shall name a temporary chairperson and designate a meeting
place within the district where the county courts or boards of county commissioners shall convene
for the purpose of filling the vacancy, pursuant to ORS 171.051 (2).
(2) When any vacancy as is mentioned in ORS 171.051 exists in the office of Senator or Repre-
sentative [not affiliated with a major] when the departing Senator or Representative was not
endorsed in the prior general election for that office or in the prior primary election for that
office by any political party and that vacancy is to be filled by an appointing authority as provided
in ORS 171.051, the Secretary of State forthwith shall notify the county courts or boards of county
commissioners of the counties constituting the district in which the vacancy occurs of the vacancy
and of the number of votes apportioned to each member of the county courts or boards of county
commissioners under ORS 171.062 and 171.064. The Secretary of State shall set a time for a meeting
of the county courts or boards of county commissioners and by rule shall establish procedures for
the conduct of the meeting.If the district is composed of more than one county, the Secretary of
State shall name a temporary chairperson and designate a meeting place within the district where
the county courts or boards of county commissioners shall convene for the purpose of appointing a
person to fill the vacancy.
(3) A written statement signed by a majority of those qualified to vote upon the filling of any
vacancy naming the person selected to fill the vacancy and directed to the Secretary of State is
conclusive evidence of the filling of the vacancy by the appointing authority named therein.
SECTION 57. ORS 171.068 is amended to read:
171.068. (1) For purposes of ORS 171.060, 171.062 and 171.064, the county court or the board of
county commissioners which shall fill the vacancy in the Legislative Assembly in a district created
by reapportionment shall be the county court or board of county commissioners of each county any
part of which is in the district that is created by the reapportionment and includes the residence
from which the former Senator or Representative was elected.
[(2) Each person nominated by a major political party to fill a vacancy in the Legislative Assembly
occurring as described by ORS 171.051 in a district created by reapportionment must be registered to
vote in the district from which the former Senator or Representative was elected and must have been
a member of the same major political party at least 180 days before the date the vacancy to be filled
occurred.]
[(3)] (2) This section shall apply only to a vacancy in the Legislative Assembly occurring after
the primary election next following reapportionment and before a person has been elected and
qualified to fill the vacancy.
SECTION 58. ORS 188.120 is amended to read:
188.120. (1) If a vacancy in election or office of Representative in Congress or United States
Senator occurs before the 61st day before the general election, the Governor shall call a special
election to fill that vacancy. If a vacancy in election or office of United States Senator occurs after
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the 62nd day before the general election but on or before the general election, and if the term of
that office is not regularly filled at that election, the Governor shall call a special election to fill
the vacancy as soon as practicable after the general election.
(2) If a special election to fill the vacancy in election or office of Representative in Congress
or United States Senator is called before the 80th day after the vacancy occurs, [each major political
party shall select its nominee for the office and certify the name of the nominee to the Secretary of State.
The Secretary of State shall place the name of the nominee on the ballot] nominations to the election
shall take the form of a declaration of candidacy or nominating petition, which may be by
any otherwise eligible person.
(3) If a special election to fill the vacancy in election or office of Representative in Congress
or United States Senator is called after the 79th day after the vacancy occurs, a special primary
election shall be conducted by the Secretary of State for the purpose of nominating [a candidate of
each major political party] candidates to the special election called to fill the vacancy. A decla-
ration of candidacy or nominating petition may be filed not later than the 10th day following the
issuance of the writ of election. The primary election must be conducted as a voter choice
primaryelection.
(4) Special elections and special primary elections for voter choice office under this sec-
tion shall be conducted as elections for voter choice office, except that the Secretary of State
may accept nominating petitions, declarations of candidacy and party endorsements accord-
ing to a schedule for filing set by the secretary.
SECTION 59. Section 60 of this 2025 Act is added to and made a part of ORS chapter 236.
SECTION 60.(1) Notwithstanding ORS 171.051, 171.060, 171.068, 236.215 and 236.217,
whenever a vacancy exists in any voter choice office in this state and is to be filled by ap-
pointment, a person who is otherwise eligible may be appointed to fill the vacancy regardless
of the person’s affiliation or lack of affiliation with a political party.
(2) Whenever a vacancy exists in any voter choice office and is to be filled by election,
the election procedure for voter choice office must be followed.
SECTION 61.ORS 236.100 is repealed.
SECTION 62. ORS 251.022 is amended to read:
251.022. (1) If a special election or special primary election is held under ORS 188.120 for the
purpose of filling a vacancy in election or office of United States Senator or Representative in
Congress, [or for nominating a candidate of each major political party to fill the vacancy,] the Secre-
tary of State shall prepare a voters’ pamphlet for each election.
(2) A voters’ pamphlet prepared under subsection (1) of this section shall contain information
about the candidates for nomination or election to the office of United States Senator or Represen-
tative in Congress at the special election or special primary election.
SECTION 63. ORS 251.026, as amended by section 2, chapter 55, Oregon Laws 2024, is amended
toread:
251.026. (1) The Secretary of State shall prepare and have printed in the voters’ pamphlet for
the state primary election, the general election and any special election described in ORS 251.022
a statement containing, if applicable:
(a) Requirements for a citizen to qualify as an elector.
(b) When an elector is required to register or update a registration.
[(c) In the voters’ pamphlet for the primary election, a statement of the duties and responsibilities
of a precinct committeeperson to be elected at the primary election.]
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[(d)] (c) Any other information the Secretary of State considers relevant to the conduct of the
election.
(2) The Secretary of State, in cooperation with the county clerks, shall include:
(a) A statement on the cover of the voters’ pamphlet that the pamphlet may be used to assist
electors in voting; and
(b)(A) Statements in the information section of the voters’ pamphlet on the pages immediately
following the page containing the Secretary of State letter, to the extent reasonably practicable,
that, for residents of each county to which the voters’ pamphlet is distributed:
(i) Are written in English and the 10 additional common languages for the county listed by the
Secretary of State under ORS 251.167;
(ii) Explain that an electronic copy of portions of the voters’ pamphlet is publicly available in
that language; and
(iii) Provide the website address to the translated voters’ pamphlet.
(B) The statements required under subparagraph (A) of this paragraph must be written so as to
be clearly readable.
(C) The Secretary of State may adopt rules necessary to implement this paragraph.
(3) The Secretary of State may include in the voters’ pamphlet the following information:
(a) Maps showing the boundaries of senatorial and representative districts.
(b) Voter registration forms.
(c) Elector instructions, including the right of an elector to request a second ballot if the first
ballot is spoiled and the right of an elector to seek assistance in marking the ballot.
(4)(a) The name of the county clerk or other filing officer may not appear in the voters’ pamphlet
in the county clerk’s or filing officer’s official capacity if the county clerk or filing officer is a
candidate in the election for which the voters’ pamphlet is printed.
(b) As used in this subsection, “filing officer” has the meaning given that term in ORS 254.165.
(5) For each primary election candidate statement, the Secretary of State shall promi-
nently display the names of the political party official endorsements that the candidate has
accepted and wishes to display, in the order specified by the candidate, preceded by the
phrase “Endorsed by:”.
(6) For each general election candidate statement, the Secretary of State shall promi-
nently display the names of the political party official endorsements that the candidate has
accepted and wishes to display, in the order specified by the candidate, preceded by the
phrase “Endorsed by:”.
SECTION 64. ORS 253.540 is amended to read:
253.540. (1) Any military or overseas elector may secure a ballot by submitting an application
as specified in subsection (2) of this section to the clerk of the county of the military or overseas
elector’s residence, or to the Secretary of State. If the application is addressed to the Secretary of
State, the secretary shall forward it to the appropriate county clerk.
(2) An application for a ballot by a military or overseas elector shall be made in the form of a
written request and may be submitted by mail, electronic mail, a facsimile machine or other means
identified by the Secretary of State by rule. The application shall be valid for every subsequent
election until the elector otherwise notifies the clerk or is no longer an elector of the county. The
application shall be signed by the applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A statement that the applicant is a citizen of the United States;
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(c) A statement that the applicant will be 18 years of age or older on the date of the election;
(d) A statement that for more than 20 days preceding the election the applicant’s home residence
has been in this state, and giving the address of the last home residence;
(e) A statement of the facts that qualify the applicant as a military or overseas elector or as the
spouse or a dependent of a military or overseas elector;
(f) A statement that the applicant is not requesting a ballot from any other state and is not
voting in any other manner in the election except by the requested ballot; and
(g) If the applicant desires to vote in a presidential primary election, a designation of the
applicant’s political party affiliation or a statement that the applicant is not affiliated with any
political party. An applicant not affiliated with any political party may request a ballot for a major
political party.The applicant shall be sent the ballot for the political party that the applicant re-
quested if that political party has provided under ORS 254.365 for a primary election that admits
electors not affiliated with [any] that political party.
SECTION 65. ORS 253.565 is amended to read:
253.565. (1) Any military or overseas elector may secure a special ballot for a primary election
or general election by making an application under this section if the elector believes that:
(a) The elector will be residing, stationed or working outside the territorial limits of the United
States and the District of Columbia; and
(b) The elector will be unable to vote and return a regular ballot by normal mail delivery within
the period provided for regular absent electors.
(2) A military or overseas elector shall make the application for a special ballot in the form of
a written request, which may be submitted by mail, electronic mail, a facsimile machine or other
means identified by the Secretary of State by rule. The elector shall submit the application before
the date of the applicable election to the clerk of the county of the military or overseas elector’s
residence or to the Secretary of State. If the application is addressed to the Secretary of State, the
secretary shall forward it to the appropriate county clerk. The application shall be signed by the
applicant and contain:
(a) The name and current mailing address of the applicant;
(b) A designation of the election for which the applicant requests a special ballot;
(c) A statement that the applicant is a citizen of the United States;
(d) A statement that the applicant will be 18 years of age or older on the date of the election;
(e) A statement that for more than 20 days preceding the election the applicant’s home residence
has been in this state, and giving the address of the last home residence;
(f) A statement of the facts that qualify the applicant as a military or overseas elector or as the
spouse or a dependent of a military or overseas elector;
(g) A statement of the facts that qualify the applicant to vote by means of a special ballot;
(h) A statement that the applicant is not requesting a ballot from any other state and is not
voting in any other manner in the election except by the requested special ballot; and
(i) If the applicant requests a ballot for a presidential primary election, a designation of the
applicant’s political party affiliation or a statement that the applicant is not affiliated with any
political party. An applicant not affiliated with any political party may request a ballot for a major
political party.The applicant shall be sent the ballot for the political party that the applicant re-
quested if that political party has provided under ORS 254.365 for a primary election that admits
electors not affiliated with [any] that political party.
(3) An application for a special ballot shall be valid only for the election specified in the appli-
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cation.
(4) The county clerk shall list on the special ballot the offices and measures scheduled to appear
on the regular ballot, if known when the ballot is prepared, and provide space in which the elector
may write in the elector’s preference.
(5) The elector may write in the name of any eligible candidate for each office to be filled or for
which nominations will be made at the election, and may vote on any measure submitted at the
election.
SECTION 66. ORS 255.345 is amended to read:
255.345. (1) Except as provided in subsection (2) of this section, a special election called by a
district elections authority shall not be held on any date other than:
(a) The second Tuesday in March;
(b) The third Tuesday in May;
(c) The [fourth] first Tuesday in August; or
(d) The first Tuesday after the first Monday in November.
(2) A special election may be held on a date other than that provided in subsection (1) of this
section, if the district elections authority by resolution finds that an election sooner than the next
available election date is required on a measure to finance repairs to property damaged by fire,
vandalism or a natural disaster.
(3) As used in this section, “district elections authority” means the body or officer authorized
or required to call an election for a public corporation formed under, and deriving its powers solely
from, the statutes of this state, but does not include a city or county.
SECTION 67. ORS 258.280 is amended to read:
258.280. (1) The Secretary of State shall order a full recount of the votes cast for nomination
or election to a public office for which the Secretary of State is the filing officer, and the county
clerk who conducted the election shall order a full recount of the votes cast for nomination or
election to any other public office if the canvass of votes of the election reveals that[:]
[(a) Two or more candidates for that nomination or office have an equal and the highest number
of votes; or]
[(b) The] the difference in the number of votes cast for a candidate apparently nominated or
elected to the office and the votes cast for the closest apparently defeated opponent is not more than
one-fifth of one percent of the total votes for both candidates.
(2)[(a)] Unless otherwise provided by a home rule charter, [at an election described in ORS
249.088,] the Secretary of State shall order a full recount of the votes cast for nomination or election
to a nonpartisan office for which the Secretary of State is the filing officer, and the county clerk
who conducted the election shall order a full recount of the votes cast for nomination or election
to any other nonpartisan office, if the canvass of votes of the election reveals that the number of
votes cast for a candidate differs from a majority of votes cast for the office by not more than
one-fifth of one percent of the total votes cast for the office.
[(b) This subsection does not apply to the office of sheriff, the office of county clerk, the office of
county treasurer or a candidate to fill a vacancy, as described in ORS 249.091.]
(3) The cost of a full recount conducted under this section shall be paid by the county for a
county office, by the city for a city office, by the special district for a special district office or by
the state for any other office.
SECTION 68. ORS 236.225 is amended to read:
236.225. (1) If vacancies exist at the same time in all of the offices of members of a county
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governing body, two qualified persons shall be appointed by the Governor, and one by the appointees
of the Governor, to perform the duties of the offices until the vacancies are filled as provided by
law. If vacancies exist at the same time in all but one of such offices, the Governor shall appoint
one qualified person who, with the incumbent serving in office, shall appoint another, each to per-
form the duties of the offices until the vacancies are filled.If county judge is one of the offices
vacant, one of the appointments made by the Governor under this section shall be to the office of
countyjudge.
(2) When a county charter establishes a county governing body with more than three members,
if a number of vacancies exist at the same time in the offices of members of that governing body so
that all the remaining members do not constitute a quorum for the conduct of county business, the
Governor shall appoint to the vacant offices the minimum number of qualified persons sufficient,
with the incumbent members of the county governing body, to form a quorum. Persons appointed
by the Governor under this subsection, together with the incumbent members serving in office, shall
appoint qualified persons to the remaining vacant offices. All persons appointed under this sub-
section shall perform the duties of the office of member of the county governing body until the va-
cancies are filled as provided by law.
[(3) ORS 236.100 applies to appointments under this section.]
SECTION 69. ORS 248.006 is amended to read:
248.006. (1) An affiliation of electors becomes a major political party in this state and is qualified
to make nominations at a primary election when a number of electors equal to at least five percent
of the number of electors registered in this state are registered as members of the party not later
than the 275th day before the date of a primary election. [An affiliation of electors satisfying the re-
quirements of this subsection shall be subject to the provisions of ORS 248.007 on the date the Secre-
tary of State determines the registration requirements are satisfied.]
(2) The number of electors described in subsection (1) of this section shall be calculated based
on the number of electors registered in this state and eligible to vote, as reported on the official
abstracts of the election, at the general election immediately preceding the deadline specified in
subsection (1) of this section.
(3) After an affiliation of electors becomes a major political party under subsection (1) of this
section, [in order to maintain status as a major political party subject to ORS 248.007,] the party must
satisfy the registration requirement of subsection (1) of this section not later than the 275th day
before each primary election.
(4) An affiliation of electors ceases to be a major political party if the registration requirements
of subsection (1) of this section are not satisfied by the 275th day before each primary election. The
affiliation of electors ceases to be a major political party on the date the Secretary of State deter-
mines that the registration requirement is not satisfied.
(5) When an affiliation of electors has not satisfied the registration requirement of subsection
(1) of this section for the first time, at the request of a representative of the affiliation of electors,
the Secretary of State shall determine not less than once each month whether at least five percent
of the number of eligible electors registered in this state are registered as members of the party.
After an affiliation of electors has qualified as a major political party, the Secretary of State shall
determine on the 271st day before each primary election whether the major political party has sat-
isfied the registration requirements described in subsection (3) of this section.
SECTION 70. ORS 249.021 is amended to read:
249.021. (1)(a) The Secretary of State by rule shall establish a new provision that must be added
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to every nominating petition or declaration of candidacy used for public office. The provision es-
tablished under this section shall:
(A) Allow each candidate for public office to check a box indicating that the candidate does not
want the residence address of the candidate to be disclosed on:
(i) Publicly accessible versions of the nominating petition or declaration of candidacy used by
the candidate; or
(ii) A list of electors delivered under ORS 247.940 or 247.945; and
(B) Require that each candidate who chooses to check the box described in subparagraph (A)
of this paragraph includes an alternative mailing address that will be included on each list of elec-
tors delivered under ORS 247.940 or 247.945.
(b) The residence address of a candidate who checks the box described in paragraph (a)(A) of
thissubsection:
(A) May not be visible on any publicly accessible nominating petition or declaration of candi-
dacy;
(B) May not be disclosed on a list of electors delivered under ORS 247.940 or 247.945 until:
(i) The relevant filing officer determines that the person is no longer a candidate for the public
office described in the nominating petition or declaration of candidacy and was not elected to that
public office;
(ii) The relevant filing officer determines that a candidate who is elected to the public office
described in the nominating petition or declaration of candidacy ceases to hold that public office;
or
(iii) The candidate indicates to the relevant filing officer in a manner determined by the Secre-
tary of State by rule that the candidate would like the candidate’s residence address to be visible
on publicly accessible nominating petitions or declarations of candidacy or to appear on lists of
electors delivered under ORS 247.940 or 247.945; and
(C) Until one of the criteria in subparagraph (B) of this paragraph is satisfied, is subject to in-
spection as a public record under ORS 192.311 to 192.478 only to a person who has filed a written
public records request.
(2)(a) The Secretary of State shall by rule establish a method to allow any public office holder
to indicate that the public office holder does not want the residence address of the public office
holder to be disclosed on a list of electors delivered under ORS 247.940 or 247.945.
(b) The residence address of a public office holder who makes an indication described in para-
graph (a) of this subsection:
(A) May not be disclosed on a list of electors delivered under ORS 247.940 or 247.945 until:
(i) The relevant filing officer determines that the public office holder no longer holds that public
office;or
(ii) The public office holder indicates to the relevant filing officer in a manner determined by
the Secretary of State by rule that the public office holder would like the public office holder’s
residence address to appear on lists of electors delivered under ORS 247.940 or 247.945; and
(B) Until one of the criteria in subparagraph (A) of this paragraph is satisfied, is subject to in-
spection as a public record under ORS 192.311 to 192.478 only to a person who has filed a written
public records request.
[(3) This section does not apply to:]
[(a) Nominating petitions or declarations of candidacy for candidates for precinct committeeperson;
or]
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[(b) Precinct committeepersons.]
[(4)] (3) The Secretary of State may adopt any rules necessary to effectively implement this
section.
[(5)] (4) As used in this section, “filing officer” has the meaning given that term in ORS 260.005.
SECTION 71. ORS 249.035 is amended to read:
249.035. A nominating petition[, write-in form prepared under ORS 248.019 or 248.021] or decla-
ration of candidacy relating to a candidate for:
(1) State office, United States Senator or Representative in Congress shall be filed with the
Secretary of State.
(2) County office [or precinct committeeperson] shall be filed with the county elections official.
(3) City office shall be filed with the chief city elections officer.
(4) Any elected office of a metropolitan service district under ORS chapter 268 shall be filed
with the county elections official of the county in which the administrative office of the district is
located.
(5) Any other office shall be filed under ORS chapter 255.
SECTION 72. ORS 249.046 is amended to read:
249.046. (1) If a candidate has not been a member of the major political party for at least 180
days before the deadline for filing a nominating petition or declaration of candidacy, the candidate
shall not be entitled to receive the nomination of that major political party. If a candidate’s regis-
tration becomes inactive, the inactive status shall not constitute a lapse of membership in the party
if, immediately before the registration became inactive, the candidate was a member of the party
and was not a member of any other political party within the 180 days preceding the deadline for
filing a nominating petition or declaration of candidacy.
(2) The requirement that the candidate be qualified by length of membership does not apply to:
(a) Any candidate whose 18th birthday falls within the period of 180 days; or
(b) A write-in candidate[; or].
[(c) Any candidate for the office of precinct committeeperson who becomes a United States citizen
within the period of 180 days.]
SECTION 73. ORS 260.005 is amended to read:
260.005. As used in this chapter:
(1)[(a)] “Candidate” means:
[(A)] (a) An individual whose name is printed on a ballot, for whom a declaration of candidacy,
nominating petition or certificate of nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual’s consent, for nomination or election to
publicoffice;
[(B)](b) An individual who has solicited or received and accepted a contribution, made an ex-
penditure, or given consent to an individual, organization, political party or political committee to
solicit or receive and accept a contribution or make an expenditure on the individual’s behalf to
secure nomination or election to any public office at any time, whether or not the office for which
the individual will seek nomination or election is known when the solicitation is made, the contri-
bution is received and retained or the expenditure is made, and whether or not the name of the in-
dividual is printed on a ballot; or
[(C)] (c) A public office holder against whom a recall petition has been completed and filed.
[(b) For purposes of this section and ORS 260.035 to 260.156, “candidate” does not include a can-
didate for the office of precinct committeeperson.]
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(2) “Committee director” means any person who directly and substantially participates in
decision-making on behalf of a political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.The officers of a political party
shall be considered the directors of any political party committee of that party, unless otherwise
provided in the party’s bylaws.
(3) Except as provided in ORS 260.007, “contribute” or “contribution” includes:
(a) The payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compen-
sation or consideration, of money, services other than personal services for which no compensation
is asked or given, supplies, equipment or any other thing of value:
(A) For the purpose of influencing an election for public office or an election on a measure, or
of reducing the debt of a candidate for nomination or election to public office or the debt of a pol-
itical committee; or
(B) To or on behalf of a candidate, political committee or measure; and
(b) The excess value of a contribution made for compensation or consideration of less than
equivalentvalue.
(4) “Controlled committee” means a political committee that, in connection with the making of
contributions or expenditures:
(a) Is controlled directly or indirectly by a candidate or a controlled committee; or
(b) Acts jointly with a candidate or controlled committee.
(5) “Controlled directly or indirectly by a candidate” means:
(a) The candidate, the candidate’s agent, a member of the candidate’s immediate family or any
other political committee that the candidate controls has a significant influence on the actions or
decisions of the political committee; or
(b) The candidate’s principal campaign committee and the political committee both have the
candidate or a member of the candidate’s immediate family as a treasurer or director.
(6) “County clerk” means the county clerk or the county official in charge of elections.
(7) “Elector” means an individual qualified to vote under Article II, section 2, of the Oregon
Constitution.
(8) Except as provided in ORS 260.007, “expend” or “expenditure” includes the payment or fur-
nishing of money or anything of value or the incurring or repayment of indebtedness or obligation
by or on behalf of a candidate, political committee or person in consideration for any services,
supplies, equipment or other thing of value performed or furnished for any reason, including support
of or opposition to a candidate, political committee or measure, or for reducing the debt of a can-
didate for nomination or election to public office. “Expenditure” also includes contributions made
by a candidate or political committee to or on behalf of any other candidate or political committee.
(9) “Filing officer” means:
(a) The Secretary of State:
(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS 260.118;
(C) Regarding any measure; or
(D) Regarding any political committee.
(b) In the case of an irrigation district formed under ORS chapter 545, “filing officer” means:
(A) The county clerk, regarding any candidate for office or any measure at an irrigation district
formation election where the proposed district is situated wholly in one county;
(B) The county clerk of the county in which the office of the secretary of the proposed irrigation
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district will be located, regarding any candidate for office or any measure at an irrigation district
formation election where the proposed district is situated in more than one county; or
(C) The secretary of the irrigation district for any election other than an irrigation district
formationelection.
(10) “Independent expenditure” means an expenditure by a person for a communication in sup-
port of or in opposition to a clearly identified candidate or measure that is not made with the co-
operation or with the prior consent of, or in consultation with, or at the request or suggestion of,
a candidate or any agent or authorized committee of the candidate, or any political committee or
agent of a political committee supporting or opposing a measure. For purposes of this subsection:
(a) “Agent” means any person who has:
(A) Actual oral or written authority, either express or implied, to make or to authorize the
making of expenditures on behalf of a candidate or on behalf of a political committee supporting or
opposing a measure; or
(B) Been placed in a position within the campaign organization where it would reasonably ap-
pear that in the ordinary course of campaign-related activities the person may authorize expen-
ditures.
(b)(A) “Clearly identified” means, with respect to candidates:
(i) The name of the candidate involved appears;
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous reference.
(B) “Clearly identified” means, with respect to measures:
(i) The ballot number of the measure appears;
(ii) A description of the measure’s subject or effect appears; or
(iii) The identity of the measure is apparent by unambiguous reference.
(c) “Communication in support of or in opposition to a clearly identified candidate or measure”
means:
(A)(i) The communication, when taken as a whole and with limited reference to external events,
such as the proximity to the election, could only be interpreted by a reasonable person as containing
advocacy for the election or defeat of a clearly identified candidate for nomination or election to
public office, or the passage or defeat of a clearly identified measure; and
(ii) The electoral portion of the communication is unmistakable, unambiguous and suggestive of
only one meaning; or
(B)(i) The communication involves aggregate expenditures of more than $250 by a person;
(ii) The communication refers to a clearly identified candidate or measure that will appear on
the ballot or to a political party; and
(iii) The communication is published and disseminated to the relevant electorate within 60 cal-
endar days before a primary election, 120 calendar days before a general election or 90 calendar
days before an election other than a primary election or a general election.
(d) “Made with the cooperation or with the prior consent of, or in consultation with, or at the
request or suggestion of, a candidate or any agent or authorized committee of the candidate, or any
political committee or agent of a political committee supporting or opposing a measure”:
(A) Means any arrangement, coordination or direction by the candidate or the candidate’s agent,
or by any political committee or agent of a political committee supporting or opposing a measure,
prior to the publication, distribution, display or broadcast of the communication. An expenditure
shall be presumed to be so made when it is:
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(i) Based on information about the plans, projects or needs of the candidate, or of the political
committee supporting or opposing a measure, and provided to the expending person by the candidate
or by the candidate’s agent, or by any political committee or agent of a political committee sup-
porting or opposing a measure, with a view toward having an expenditure made; or
(ii) Made by or through any person who is or has been authorized to raise or expend funds, who
is or has been an officer of a political committee authorized by the candidate or by a political
committee or agent of a political committee supporting or opposing a measure, or who is or has been
receiving any form of compensation or reimbursement from the candidate, the candidate’s principal
campaign committee or agent or from any political committee or agent of a political committee
supporting or opposing a measure.
(B) Does not mean providing to the expending person upon request a copy of this chapter or any
rules adopted by the Secretary of State relating to independent expenditures.
(11) “Initiative petition” means a petition to initiate a measure for which a prospective petition
has been filed but that is not yet a measure.
(12) “Judge” means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon
Tax Court.
(13) “Mass mailing” means more than 200 substantially similar pieces of mail, but does not in-
clude a form letter or other mail that is sent in response to an unsolicited request, letter or other
inquiry.
(14) “Measure” includes any of the following submitted to the people for their approval or re-
jection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(15) “Occupation” means:
(a) The nature of an individual’s principal business; and
(b) If the individual is employed by another person, the business name and address, by city and
state, of the employer.
(16) “Person” means an individual, corporation, limited liability company, labor organization,
association, firm, partnership, joint stock company, club, organization or other combination of indi-
viduals having collective capacity.
(17) “Petition committee” means an initiative, referendum or recall petition committee organized
under ORS 260.118.
(18) “Political committee” means a combination of two or more individuals, or a person other
than an individual, that has:
(a) Received a contribution for the purpose of supporting or opposing a candidate, measure or
political party; or
(b) Made an expenditure for the purpose of supporting or opposing a candidate, measure or
political party. For purposes of this paragraph, an expenditure does not include:
(A) A contribution to a candidate or political committee that is required to report the contri-
bution on a statement filed under ORS 260.057 or 260.076 or a certificate filed under ORS 260.112;
or
(B) An independent expenditure for which a statement is required to be filed by a person under
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ORS260.044.
(19) “Public office” means any national, state, county, district, city office or position, except a
political party office, that is filled by the electors.
(20) “Recall petition” means a petition to recall a public officer for which a prospective petition
has been filed but that is not yet a measure.
(21) “Referendum petition” means a petition to refer a measure for which a prospective petition
has been filed but that is not yet a measure.
(22) “Regular district election” means the regular district election described in ORS 255.335.
(23) “State office” means the office of Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries, state Senator, state Representative,
judge or district attorney.
SECTION 74. ORS 260.005, as amended by section 10, chapter 9, Oregon Laws 2024, is amended
toread:
260.005. As used in this chapter:
(1)[(a)] “Candidate” means:
[(A)] (a) An individual whose name is printed on a ballot, for whom a declaration of candidacy,
nominating petition or certificate of nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual’s consent, for nomination or election to
publicoffice;
[(B)](b) An individual who has solicited or received and accepted a contribution, made an ex-
penditure, or given consent to an individual, organization, political party or political committee to
solicit or receive and accept a contribution or make an expenditure on the individual’s behalf to
secure nomination or election to any public office at any time, whether or not the office for which
the individual will seek nomination or election is known when the solicitation is made, the contri-
bution is received and retained or the expenditure is made, and whether or not the name of the in-
dividual is printed on a ballot; or
[(C)] (c) A public office holder against whom a recall petition has been completed and filed.
[(b) For purposes of this section and ORS 260.035 to 260.156, “candidate” does not include a can-
didate for the office of precinct committeeperson.]
(2) “Committee director” means any person who directly and substantially participates in
decision-making on behalf of a political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.The officers of a political party
shall be considered the directors of any political party committee of that party, unless otherwise
provided in the party’s bylaws.
(3) Except as provided in ORS 260.007, “contribute” or “contribution” includes:
(a) The payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compen-
sation or consideration, of money, services other than personal services for which no compensation
is asked or given, supplies, equipment or any other thing of value:
(A) For the purpose of influencing an election for public office or an election on a measure, or
of reducing the debt of a candidate for nomination or election to public office or the debt of a pol-
itical committee; or
(B) To or on behalf of a candidate, political committee or measure;
(b) The excess value of a contribution made for compensation or consideration of less than
equivalent value; and
(c) An expenditure by a person for a communication in support of or in opposition to a clearly
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identified candidate or measure that is made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a candidate or any agent or authorized
committee of the candidate, or any political committee or agent of a political committee supporting
or opposing a measure.
(4) “Controlled committee” means a political committee that, in connection with the making of
contributions or expenditures:
(a) Is controlled directly or indirectly by a candidate or a controlled committee; or
(b) Acts jointly with a candidate or controlled committee.
(5) “Controlled directly or indirectly by a candidate” means:
(a) The candidate, the candidate’s agent, a member of the candidate’s immediate family or any
other political committee that the candidate controls has a significant influence on the actions or
decisions of the political committee; or
(b) The candidate’s principal campaign committee and the political committee both have the
candidate or a member of the candidate’s immediate family as a treasurer or director.
(6) “County clerk” means the county clerk or the county official in charge of elections.
(7) “Elector” means an individual qualified to vote under Article II, section 2, of the Oregon
Constitution.
(8) Except as provided in ORS 260.007, “expend” or “expenditure” includes the payment or fur-
nishing of money or anything of value or the incurring or repayment of indebtedness or obligation
by or on behalf of a candidate, political committee or person in consideration for any services,
supplies, equipment or other thing of value performed or furnished for any reason, including support
of or opposition to a candidate, political committee or measure, or for reducing the debt of a can-
didate for nomination or election to public office. “Expenditure” also includes contributions made
by a candidate or political committee to or on behalf of any other candidate or political committee.
(9) “Filing officer” means:
(a) The Secretary of State:
(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS 260.118;
(C) Regarding any measure; or
(D) Regarding any political committee.
(b) In the case of an irrigation district formed under ORS chapter 545, “filing officer” means:
(A) The county clerk, regarding any candidate for office or any measure at an irrigation district
formation election where the proposed district is situated wholly in one county;
(B) The county clerk of the county in which the office of the secretary of the proposed irrigation
district will be located, regarding any candidate for office or any measure at an irrigation district
formation election where the proposed district is situated in more than one county; or
(C) The secretary of the irrigation district for any election other than an irrigation district
formationelection.
(10) “Independent expenditure” means an expenditure by a person for a communication in sup-
port of or in opposition to a clearly identified candidate or measure that is not made with the co-
operation or with the prior consent of, or in consultation with, or at the request or suggestion of,
a candidate or any agent or authorized committee of the candidate, or any political committee or
agent of a political committee supporting or opposing a measure. For purposes of this subsection and
subsection (3) of this section:
(a) “Agent” means any person who has:
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(A) Actual oral or written authority, either express or implied, to make or to authorize the
making of expenditures on behalf of a candidate or on behalf of a political committee supporting or
opposing a measure; or
(B) Been placed in a position within the campaign organization where it would reasonably ap-
pear that in the ordinary course of campaign-related activities the person may authorize expen-
ditures.
(b)(A) “Clearly identified” means, with respect to candidates:
(i) The name of the candidate involved appears;
(ii) A photograph or drawing of the candidate appears; or
(iii) The identity of the candidate is apparent by unambiguous reference.
(B) “Clearly identified” means, with respect to measures:
(i) The ballot number of the measure appears;
(ii) A description of the measure’s subject or effect appears; or
(iii) The identity of the measure is apparent by unambiguous reference.
(c) “Communication in support of or in opposition to a clearly identified candidate or measure”
means:
(A)(i) The communication, when taken as a whole and with limited reference to external events,
such as the proximity to the election, could only be interpreted by a reasonable person as containing
advocacy for the election or defeat of a clearly identified candidate for nomination or election to
public office, or the passage or defeat of a clearly identified measure; and
(ii) The electoral portion of the communication is unmistakable, unambiguous and suggestive of
only one meaning; or
(B)(i) The communication involves aggregate expenditures of more than $250 by a person;
(ii) The communication refers to a clearly identified candidate or measure that will appear on
the ballot or to a political party; and
(iii) The communication is published and disseminated to the relevant electorate within 60 cal-
endar days before a primary election, 120 calendar days before a general election or 90 calendar
days before an election other than a primary election or a general election.
(d) “Made with the cooperation or with the prior consent of, or in consultation with, or at the
request or suggestion of, a candidate or any agent or authorized committee of the candidate, or any
political committee or agent of a political committee supporting or opposing a measure”:
(A) Means any arrangement, coordination or direction by the candidate or the candidate’s agent,
or by any political committee or agent of a political committee supporting or opposing a measure,
prior to the publication, distribution, display or broadcast of the communication. An expenditure
shall be presumed to be so made when it is:
(i) Based on information about the plans, projects or needs of the candidate, or of the political
committee supporting or opposing a measure, and provided to the expending person by the candidate
or by the candidate’s agent, or by any political committee or agent of a political committee sup-
porting or opposing a measure, with a view toward having an expenditure made; or
(ii) Made by or through any person who is or has been authorized to raise or expend funds, who
is or has been an officer of a political committee authorized by the candidate or by a political
committee or agent of a political committee supporting or opposing a measure, or who is or has been
receiving any form of compensation or reimbursement from the candidate, the candidate’s principal
campaign committee or agent or from any political committee or agent of a political committee
supporting or opposing a measure.
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(B) Does not mean providing to the expending person upon request a copy of this chapter or any
rules adopted by the Secretary of State relating to independent expenditures.
(11) “Initiative petition” means a petition to initiate a measure for which a prospective petition
has been filed but that is not yet a measure.
(12) “Judge” means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon
Tax Court.
(13) “Mass mailing” means more than 200 substantially similar pieces of mail, but does not in-
clude a form letter or other mail that is sent in response to an unsolicited request, letter or other
inquiry.
(14) “Measure” includes any of the following submitted to the people for their approval or re-
jection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(15) “Occupation” means:
(a) The nature of an individual’s principal business; and
(b) If the individual is employed by another person, the business name and address, by city and
state, of the employer.
(16) “Person” means an individual, corporation, limited liability company, labor organization,
association, firm, partnership, joint stock company, club, organization or other combination of indi-
viduals having collective capacity.
(17) “Petition committee” means an initiative, referendum or recall petition committee organized
under ORS 260.118.
(18) “Political committee” means a combination of two or more individuals, or a person other
than an individual, that has:
(a) Received a contribution for the purpose of supporting or opposing a candidate, measure or
political party; or
(b) Made an expenditure for the purpose of supporting or opposing a candidate, measure or
political party. For purposes of this paragraph, an expenditure does not include:
(A) A contribution to a candidate or political committee that is required to report the contri-
bution on a statement filed under ORS 260.057 or 260.076 or a certificate filed under ORS 260.112;
or
(B) An independent expenditure for which a statement is required to be filed by a person under
ORS 260.044.
(19) “Public office” means any national, state, county, district, city office or position, except a
political party office, that is filled by the electors.
(20) “Recall petition” means a petition to recall a public officer for which a prospective petition
has been filed but that is not yet a measure.
(21) “Referendum petition” means a petition to refer a measure for which a prospective petition
has been filed but that is not yet a measure.
(22) “Regular district election” means the regular district election described in ORS 255.335.
(23) “State office” means the office of Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries, state Senator, state Representative,
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judge or district attorney.
SECTION 75. ORS 250.042 is amended to read:
250.042. If a signature sheet of a petition is not certified by the circulator as required under
ORS 198.430, 198.750, 221.031, 248.008, 249.061, [249.740,] 249.865, 250.045, 250.165, 250.265, 255.135,
261.115 and 545.025, signatures contained on the signature sheet may not be counted for purposes
of determining whether the petition contains the required number of signatures of electors.
SECTION 76. This 2025 Act may not be interpreted to limit any existing authority of
counties or cities with home rule charters to specify election procedures for county and city
offices.
SECTION 77.(1) Sections 4, 5, 38 to 40, 60 and 76 of this 2025 Act, the amendments to
statutes by sections 3, 6 to 28, 30 to 36, 42 to 50, 52, 53, 55 to 58 and 62 to 75 of this 2025 Act
and the repeal of statutes by sections 29, 51, 54 and 61 of this 2025 Act become operative
March 1, 2027.
(2) Sections 4, 5, 38 to 40, 60 and 76 of this 2025 Act, the amendments to statutes by
sections 3, 6 to 28, 30 to 36, 42 to 50, 52, 53, 55 to 58 and 62 to 75 of this 2025 Act and the
repeal of statutes by sections 29, 51, 54 and 61 of this 2025 Act:
(a) Apply only to appointments and elections to public office occurring on or after the
operative date described in subsection (1) of this section.
(b) Apply to a certificate of nomination, nominating petition or declaration of candidacy
filed before the operative date for an election to a voter choice office to be conducted on or
after the operative date described in subsection (1) of this section.
(c) Apply only to vacancies occurring during terms of office for which the person ori-
ginally elected for the term was elected for that term on or after the operative date de-
scribed in subsection (1) of this section.
(d) Are not intended to require a change in the composition of any committee or com-
mission described in ORS 137.658 or 244.250.
(3) The Secretary of State and the county clerks may take any action before the opera-
tive date described in subsection (1) of this section that is necessary to enable the secretary
and the county clerks to exercise, on and after the operative date, all the duties, functions
and powers conferred on the secretary and the county clerks by this 2025 Act.
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