Notice of Proposed Rulemaking and Temporary Rule Filing
OAR 165-010-0005 and 165-014-0005
Regarding Proposed Updates to Recall, Political Party and Candidate Manuals
The Election Division provides this notice of rulemaking activity for OAR 165-010-0005 and 165-014-0005. Notices of proposed rulemaking and companion temporary rules have been filed. More information may be found below and on our website.
FILING CAPTION, OAR 165-010-0005: Updates filing deadlines and implements legislative changes regarding candidate, and political party manuals and forms.
FILING CAPTION, OAR 165-014-0005: Updates signature verification deadlines and implements required legislative changes to the Recall Manual.
RULE SUMMARY, OAR 165-010-0005: The proposed changes to this rule and the associated manuals and forms update the write-in notification and acceptance deadlines for the 2022 election period required by Senate Bill 1527 (2022). Further, it modifies the formula for determining if a party can maintain its minor party status. Additional changes were made throughout the manual to provide clarity for the various processes related to candidacy filings.
RULE SUMMARY, OAR 165-014-0005: The proposed changes to this rule and associated Recall Manual and forms include update of recall petition signature verification deadlines required by Senate Bill 1527 (2022). Additional changes were made throughout the manual to provide clarity for filing deadline time.
PUBLIC HEARING: The hearing for the proposed rulemakings will be conducted virtually via Microsoft Teams. The hearing will take place on July 14, 2022 from 2:00 to 2:30 p.m. Visit our website for more information.
LAST DAY FOR PUBLIC COMMENT: Public comments may be sent to the Elections Division until July 15, 2022 at 3:00 p.m.
NEED FOR PROPOSED RULE 165-010-0005: This rule implements legislative mandates found in Senate Bill 1527 (2022). The bill contains an emergency clause which is in effect for the primary election, May 17, 2022 for write-in notification and acceptance deadlines. Further, the updates to the manual and associated forms set forth updated statutory deadlines and clarify processes with which write-in candidates and minor parties are required to comply.
NEED FOR PROPOSED RULE 165-014-0005: This rule implements legislative mandates found in Senate Bill 1527 (2022). Further, the updates to the Recall Manual and associated forms set forth updated statutory deadlines and clarify processes with which chief petitioners and filing officers are required to comply.
NEED FOR TEMPORARY RULE 165-010-0005: This temporary rule implements legislative mandates found in Senate Bill 1527 (2022). The bill contains an emergency clause which is in effect for the primary election, May 17, 2022, for write-in notification and acceptance deadlines. Further, the updates to the manual and associated forms set forth updated statutory deadlines and clarify processes with which write-in candidates and minor parties are required to comply.
NEED FOR TEMPORARY RULE 165-014-0005: This rule implements legislative mandates found in Senate Bill 1527 (2022). Further, the updates to the manual and associated forms set forth updated statutory deadlines and clarify processes with which chief petitioners and filing officers are required to comply.
JUSTIFICATION FOR TEMPORARY RULE 165-010-0005: 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 May 17, 2022, write-in candidates and the public at large may
be unaware of changes made to the deadlines. Making these changes effective immediately will ensure an orderly and transparent filing. The Elections Division will separately be conducting a permanent rulemaking process to allow for public comment on these changes.
JUSTIFICATION FOR TEMPORARY RULE 165-014-0005: 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 immediately, the public at large may be unaware of changes made to the deadlines. Making these changes effective immediately will ensure an orderly and transparent process. The Elections Division will separately be conducting a permanent rulemaking process to allow for public comment on these changes.
DOCUMENTS RELIED UPON: SB 1527 (2022) available online at www.oregonlegislature.gov or from the Agency.
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