Notice of Temporary Administrative Order
OAR 165-013-0030
Restrictions on Political Advocacy by Public Employees
The Elections Division hereby provides notice of a temporary administrative order for OAR 165-013-0030. More information may be found below and on our website.
This temporary rule went into effect today, October 4, 2022 and will end on March 31, 2023, or upon adoption of a permanent administrative rule.
FILING CAPTION: Amends manual interpreting ORS 260.432 - Restrictions on Political Advocacy by Public Employees
RULE TEXT: The rule text and manual may be found on the State Archives website or the Elections Division's website.
NEED FOR TEMPORARY RULE: The Secretary of State, Elections Division, is tasked with enforcing election laws. As a result, the Division receives complaints and requests for investigations into possible election law violations. The Division is experiencing an increase in complaints from the public alleging possible violations of election law. Because safe harbor review and enforcement of ORS 260.432 are performed by the same staff members, the Division must enact these changes to ensure statutory obligations relating to complaints and investigations are being met. Based on current trends and a review of previous data, the Elections Division anticipates receiving more complaints for this election cycle. This temporary rule is needed to ensure the Division can meet statutorily imposed deadlines and be able to devote more staff time to investigations. This temporary rule is also needed to help public agencies understand the how the Elections Division interprets ORS 260.432 and to understand the requirements of the modified “safe harbor” program.
JUSTIFICATION FOR TEMPORARY RULE: This rule is being promulgated as a temporary rule to ensure the Division can devote more staff time to statutorily mandated duties during upcoming elections. The Secretary of State finds that the failure to act promptly will result in serious prejudice to the public interest because incoming investigations would take longer to acknowledge and resolve. Because changes are being made to the Division’s “safe harbor” program, several other parts of the manual adopted by the rule are being clarified so that public agencies seeking review of materials have more information to help them comply. Without this rule, the Division’s ability to meet statutory deadlines of incoming and existing complaints will be diminished. Complainants, subjects of complaints and the voting public would be harmed if the Division cannot devote additional staff time to investigations; this would result in less transparency and trust in the electoral process.
DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE: None.
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