Notice of Proposed Rulemaking and Temporary Rule Filing
OAR 165-013-0045
Relating To Criteria for Investigations Under ORS 260.537, False Statements Intended to Mislead Electors
The Election Division is providing this notice of rulemaking activity for OAR 165-013-0045. A notice of proposed rulemaking and a companion temporary rule have been filed concurrently. More information may be found below and on our website.
FILING CAPTION: Proposes Criteria for Investigations Under ORS 260.537 - False Statement Intended to Mislead Electors.
RULE SUMMARY: HB 2323 (2021), now codified in ORS 260.537 and ORS 260.345, vested the Secretary of State with authority to investigate complaints of certain false statements intended to mislead voters. This rule explains how the Secretary of State’s Elections Division intends to evaluate such complaints.
PUBLIC HEARING: The hearing for the proposed rulemaking will be conducted virtually via Microsoft Teams. The hearing will take place on May 18, 2022 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 May 19, 2022 at 3:00 p.m.
NEED FOR PROPOSED RULE: ORS 260.537 requires the Elections Division to investigate certain complaints of false statements. This rule explains the criteria that the Elections Division will use when investigating complaints that arise under ORS 260.537.
NEED FOR TEMPORARY RULE: ORS 260.537 requires the Elections Division to investigate certain complaints of false statements. This temporary rule is needed to explain the criteria that the Elections Division will use when investigating complaints concerning statements that may occur before the May 2022 primary election or other special elections that may occur even earlier.
JUSTIFICATION FOR TEMPORARY RULE: The Elections Division finds that the failure to act promptly will result in serious prejudice to the public interest because without this rule complainants and respondents would not have clear expectations about how the Elections Division intends to respond to complaints that occur before the adoption of a permanent rule. The Elections Division is
accepting public comments on the Notice of Proposed Rulemaking filing for this rule which will supersede this temporary filing when formally adopted.
DOCUMENTS RELIED UPON: ORS 260.345, ORS 260.537, and HB 2323 (2021), available online at oregonlegislature.gov or from the Elections Division.
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