Secretary of State Elections Division 255 Capitol St. NE, Suite 500  Salem OR 97310 oregonvotes.gov

Contact: elections.sos@oregon.gov | 503-986-1518 | Toll Free 1-866-673-VOTE

Temporary Rules 165-010-1104 and 165-010-1105

The Elections Division has adopted two temporary rules:  OAR 165-010-1104 and 165-010-1105, related to filling vacancies.  

More information about these new rules can be found on our website at: https://sos.oregon.gov/elections/Pages/rulemaking.aspx

TEMPORARY ADMINISTRATIVE ORDER

INCLUDING STATEMENT OF NEED & JUSTIFICATION

FILING CAPTION: Adopts Filing Deadlines to Fill Vacancy - Judge of the Circuit Court, District 1, Position 4

EFFECTIVE DATE: 07/30/2018 THROUGH 11/06/2018

AGENCY APPROVED DATE: 07/30/2018

CONTACT: Michelle Teed

503-986-1518

elections.sos@oregon.gov

255 Capitol St. NE

Suite 501, Room 500C

Salem, OR 97310

NEED FOR THE RULE(S):

A vacancy in the office of Judge of the Circuit Court, District 1, Position 4 will occur after the 80th day before the 2018 General Election and before the 62nd day before the 2018 General Election to be held during the term of office, which commenced on January 2, 2017. The vacancy in office will be filled at the November 6, 2018 General Election. This rule sets the deadline for a candidate to file a nominating petition or declaration of candidacy with the Secretary of State.

JUSTIFICATION OF TEMPORARY FILING:

The Elections Division finds that following permanent rulemaking procedures would result in serious prejudice to the public interest as the vacancy must be filled at the November 6, 2018, General Election. There is not sufficient time to adopt this rule by regular rulemaking procedures.

The specific consequences and why those consequences would result in serious prejudice are as follows. If there is no schedule set, the Secretary would not have authority to accept the nominating petition(s) or declaration(s) of candidacy. If no nominations were accepted, the election of this office would be severely impacted. Candidates would have to work on a write-in campaign which would be costly for the candidates and the county(ies) to administer the election. Candidates for the office would suffer the serious consequences. The electorate would suffer because there would be no opportunity to have a campaign in the general format expected for a general election and there would not be the benefit of voter statements to inform the voters because there would be no candidates printed on the ballot. Failure to act immediately would result in these consequences. Without a schedule, the public is left without direction. Temporary rulemaking will avoid or mitigate these actions because the temporary rule sets the schedule and provides an avenue for parties and individuals to select a nominee.

DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:

OAR 165-010-0110, available on the State Archives website; Letter of Resignation signed by Judge Patricia Crain, dated July 6, 2018, available from the Elections Division.

ADOPT: 165-010-1104

RULE TITLE: Filing Deadlines for Filling Vacancy in the Nonpartisan Office of Judge of the Circuit Court, District 1, Position 4

 RULE SUMMARY: A vacancy in the office of Judge of the Circuit Court, District 1, Position 4, will occur after the 80th day before the 2018 General Election and before the 62nd day before the 2018 General Election to be held during the term of office which commenced on January 2, 2017. The vacancy in office will be filled at the November 6, 2018 General Election. This rule sets the deadline for a candidate to file a nominating petition or declaration of candidacy with the Secretary of State.

 RULE TEXT:

(1) The purpose of this rule is to adopt the deadline to accept nominating petitions or declarations of candidacy when a vacancy occurs in the office of Judge of the Circuit Court, District 1, Position 4, after the 80th day but on or before the 62nd day before the November 6, 2018, General Election.

(2) The last day to file a nominating petition or declaration of candidacy is no later than 5pm on August 28, 2018.

STATUTORY/OTHER AUTHORITY: ORS 246.150, 249.205

STATUTES/OTHER IMPLEMENTED: ORS 246.150, 249.205

TEMPORARY ADMINISTRATIVE ORDER

INCLUDING STATEMENT OF NEED & JUSTIFICATION

CHAPTER 165

FILING CAPTION: Filing Deadlines for a Minor Party Vacancy in Nomination

EFFECTIVE DATE: 07/30/2018 THROUGH 11/06/2018

AGENCY APPROVED DATE: 07/30/2018

CONTACT: 

Michelle Teed

503-986-1518

elections.sos@oregon.gov

255 Capitol St. NE

Suite 501, Room 500C

Salem, OR 97310

Filed By:

Michelle Teed

Rules Coordinator

NEED FOR THE RULE(S):

A vacancy in the nomination of a minor political party occurred before the deadline to file a certificate of nomination.

This rule sets the deadline for a minor political party to select their nominee for a vacancy and file a certificate of nomination or notification of nominee with the Secretary of State.

 JUSTIFICATION OF TEMPORARY FILING:

The Elections Division finds that following permanent rulemaking procedures would result in serious prejudice to the public interest as the office must be elected at the November 6, 2018, General Election and minor political parties are provided the opportunity to select a new nominee after the previously nominated candidate withdraws, creating a vacancy in nomination. There is not sufficient time to adopt this rule by regular rulemaking procedures. 

The specific consequences and why those consequences would result in serious prejudice are as follows. If there is no schedule set, the Secretary would not have authority set a deadline to accept the nomination(s) in a timely manner, allowing for the Secretary to certify the names of the candidates to the county clerks on the 61st day before the general election. If there is no deadline set, the local elections officials would be severely impacted. The local election officials responsible for the printing of ballots would possibly have to reprint ballots if the name of a new candidate were to be added to the list of candidate after the 61st day before the General Election, which would be costly for the county(ies) to implement. Individuals and parties would suffer the serious consequences. The parties would suffer as having no opportunity for their candidate to file a statement in the voters’ pamphlet if the filing is not received by August 28, 2018, and likely the electorate would suffer because there would be no benefit of voter statements to inform the voters. Failure to act immediately would result in these consequences. Without a schedule, the public is left without direction. Temporary rulemaking will avoid or mitigate these actions because the temporary rule sets the schedule and provides an avenue for parties and individuals to select a nominee.

 DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:

None.

 ADOPT: 165-010-1105

 RULE TITLE: Filing Deadlines for a Minor Party Vacancy in Nomination

 RULE SUMMARY: A vacancy in the nomination of a minor political party occurred before the deadline to file a certificate of nomination. This rule sets the deadline for a minor political party to select their nominee for a vacancy and file a certificate of nomination or notification of nominee with the Secretary of State.

 RULE TEXT:

(1) The purpose of this rule is to adopt the deadline to accept certificates of nomination and notifications of nominee selected by party rule for a vacancy in a minor party nomination.

(2) The last day for a minor party to select a nominee to fill a vacancy in nomination and file a certificate of nomination is no later than 5pm on August 28, 2018.

STATUTORY/OTHER AUTHORITY: ORS 246.150, ORS 249.842

STATUTES/OTHER IMPLEMENTED: ORS 246.150, ORS 249.842, ORS 171.051

Michelle Teed

Oregon Elections Division

Phone: (503) 986-2341

Email: michelle.teed@oregon.gov