Notice of Rulemaking
OAR 165-010-0005 and 165-014-0005
Relating To State & Local Candidate, Political Party, Initiative & Referendum, Referral, Recall and Circulator Training Manuals
The Election Division is providing this notice of rulemaking activity for OAR 165-010-0005 and OAR 165-014-0005. The Elections Division has filed notice regarding proposed changes to the rules and will hold a hearing and accept public comments. More information may be found below and on our website.
FILING CAPTION FOR 165-010-0005: Proposing amendments to the state and local candidate manuals and the political party manual.
FILING CAPTION FOR 165-014-0005: Proposes amendments to the manuals on initiatives and referendums, referrals, recalls, and circulator training.
RULE SUMMARY FOR 165-010-0005: The proposed changes to this rule and the associated manuals and forms update the filing deadlines for the 2022 and 2023 calendar years. In addition, the changes incorporate legislative mandates set out in Senate Bill 259 (2021) which pauses the filing period for the offices of US Representative, State Senator, and State Representative until redistricting maps are finalized. Further, it modifies the filing process for precinct committeepersons due to the circumstances surrounding the delay in U.S. Census redistricting data. The changes also update the residency requirement section for state legislators per the Oregon Supreme Court’s ruling in Kotek v. Fagan, 367 Or 803 (2021).
The changes implement the legislative mandate found in Senate Bill 27 (2021) which changes the process by which the required number of signatures for Individual Electors is calculated. In addition, the changes incorporate the relevant provisions of House Bill 3291 which changed the date of the regularly scheduled September election to August and changed the deadlines for certain write-in nomination processes.
Additional changes were made throughout the manual and forms to provide clarity for the various candidacy and political party processes and requirements.
RULE SUMMARY FOR 165-014-0005: The proposed amendments to this rule and the associated manuals and forms update the filings deadlines for the 2022 and 2023 calendar years. Changes throughout the manuals and forms provide clarity for the various processes laid out in the State Initiative and Referendum Manual; the County, City, and District Initiative and Referendum Manual; the County, City, and District Referral Manual, the Recall Manual, and the Circulator Training Manual.
In addition, the changes incorporate legislative mandates set out in Senate Bill 27 (2021) related to cover and signature sheets for initiative, referendum and recall petitions. Further, these revisions also incorporate the changes set out in House Bill 3291 (2021) which changes the date of the regularly scheduled September election to August.
CHANGES TO THE RULES: The proposed amendments to the text of OAR 165-010-0005 and OAR 165-014-0005 can be found here.
PUBLIC HEARING: The hearing for both rules will be conducted virtually via Microsoft Teams. The hearing will take place on December 28, 2021 from 2:00 to 3:00 p.m. Visit our website for more information.
LAST DAY FOR PUBLIC COMMENT: Public comments may be sent to the Elections Division until December 29, 2021 at 3:00 p.m.
NEED FOR OAR 165-010-0005: These amendments provide the 2022 and 2023 deadlines for candidates, political parties, and others interested in the candidacy filing and political party formation and maintenance processes. In addition, to process clarifications, the manuals adopted by this rule implement legislative mandates passed by the 81st Legislative Assembly. Further, these changes are needed to the Oregon Supreme Court’s ruling in Kotek v. Fagan, 367 Or 803 (2021).
NEED FOR OAR 165-014-0005: These amendments are needed to provide the updated deadlines for the 2022 and 2023 calendar years. In addition, these amendments clarify and update the procedures and requirements related to filing of state and local initiatives; referenda; referrals; recalls; and circulator training and registration. Further, these revisions are necessary to incorporate legislative mandates passed by the 81st Legislative Assembly.
DOCUMENTS RELIED UPON FOR OAR 165-010-0005: SB 259 (2021) and SB 27 (2021) available online at 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.
DOCUMENTS RELIED UPON FOR OAR 165-014-0005: SB 27 (2021) and HB 3291 (2021) available online at oregonlegislature.gov or from the Elections Division.
|
