Notice of Temporary Administrative Order
OAR 165-010-0005
Relating To Candidacy Filings for the 2022 Election Cycle
The Secretary of State, Elections Division, hereby provides notice of a temporary administrative order for OAR 165-010-0005. This temporary rule is in effect starting today, September 9, 2021 through March 7, 2022 or upon suspension, whichever occurs first.
RULE TEXT: The text of the rule may be found directly at this link.
MANUALS AND FORMS: The manuals and forms adopted by this rule may be found on the Elections Division's website.
NEED FOR THE RULES: This temporary rule implements legislative mandates found in Senate Bill 259 (2021) and section 7 of Senate Bill 27 (2021). Both of the bills contain emergency clauses which will be in effect for the candidacy filing period starting on September 9, 2021. These changes are also needed to respond to Oregon Supreme Court’s ruling in Kotek v. Fagan, 367 Or 803 (2021). Further, the updates to the manual and associated forms set forth updated statutory deadlines and clarify processes with which candidates are required to comply.
JUSTIFICATION OF TEMPORARY FILING: The Secretary of State, Elections Division (Agency), finds that the failure to act promptly will result in serious prejudice to the public interest. If these changes are not effective by September 9, 2021, candidates and the public at large may be unaware of changes made to candidacy filing processes and deadlines. Making these changes effective immediately will ensure an orderly and transparent filing process given the circumstances associated with the delay in U.S. Census data and redistricting. The Elections Division will separately be conducting a permanent rulemaking process to allow for public comment on these changes.
DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: SB 259 (2021) and SB 27 (2021) available online at www.oregonlegislature.gov or from the Agency; Kotek v. Fagan, 367 Or 803 (2021), available at the State of Oregon Law Library or from the Agency.
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