Notice of Temporary Administrative Orders
The Secretary of State, Elections Division, hereby provides notice of two temporary administrative orders. These temporary rules went into effect on December 22, 2021 and will end on March 7, 2022 or upon adoption of permanent administrative orders.
OAR 165-016-0000
Amends State Voters' Pamphlet Manual
RULE TEXT AND AUTHORITY: The text of the rule and citations of authority to promulgate this rule may be found directly at this link.
NEED FOR THE RULES: These amendments are needed to provide the updated filing periods and deadlines for the 2022 calendar year. In addition, these amendments clarify and update the procedures and requirements related to filings for the state voters’ pamphlet. Further, these revisions are necessary to incorporate legislative mandates passed by the 79th Legislative Assembly. Most of these amendments were noticed in the Elections Division’s Notice of Proposed Rulemaking filed on November 15, 2021. However, now that reapportionment maps were determined to be effective on January 1, 2022, the Division is filing this temporary rule to specify the filing period during which candidates for the offices of US Representative, State Senator, and State Representative may file a statement in the voters’ pamphlet in accordance with SB 259 (2021).
JUSTIFICATION OF TEMPORARY FILING: The Elections Division finds that the failure to act promptly will result in serious prejudice to the public interest because without this rule candidates for the offices of US Representative, State Senator, and State Representative would not have clear expectation about the filing period during which they may file a statement in the voters’ pamphlet. Further, the Legislative Assembly passed SB 259 (2021) and authorized the Secretary of State to promulgate rules to ensure an orderly and transparent filing process due to the circumstances surrounding the delay in U.S. Census redistricting data. The Elections Division is currently 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: HB 2238 (2017) and SB 259 (2021) available online at oregonlegislature.gov or from the Elections Division.
OAR 165-010-0005
Amends the state and local Candidate Manuals
RULE TEXT AND AUTHORITY: The text of the rule and citations of authority to promulgate this rule may be found directly at this link.
NEED FOR THE RULES: This temporary rule implements legislative mandates found in Senate Bill 259 (2021) and section 7 of Senate Bill 27 (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. Most of these amendments were noticed in the Elections Division’s Notice of Proposed Rulemaking filed on November 8, 2021. However, now that reapportionment maps were determined to be effective on January 1, 2022, the Division is filing this temporary rule to specify the residency requirements for candidates for the offices of State Senator and State Representative in accordance with the ruling in Kotek v. Fagan, 367 Or 803 (2021).
JUSTIFICATION OF TEMPORARY FILING: The Elections Division finds that the failure to act promptly will result in serious prejudice to the public interest because without this rule candidates for the offices of State Senator and State Representative would not have a clear expectation about the residency requirements set out in the Oregon Supreme Court’s ruling in Kotek v. Fagan, 367 Or
803 (2021). Making these changes effective immediately will ensure an orderly and transparent filing process given the circumstances associated with the delay in U.S. Census redistricting data and redistricting. The Elections Division is currently 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: SB 259 (2021) and SB 27 (2021) available online at oregonlegislature.gov or from the Elections Division; Kotek v. Fagan, 367 Or 803 (2021), available at the State of Oregon Law Library or from the Elections Division.
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