Notice of Temporary Administrative Order
OAR 165-010-1113
Deadline to Fill Vacancy -
Judge of the Circuit Court, District 4, Position 38
The Elections Division hereby provides notice of rulemaking activity for OAR 165-010-1113. More information may be found below and on our website. This temporary rule went into effect today, September 4, 2024.
RULE TEXT: The rule text may be found at this link.
RULE SUMMARY: A vacancy in the office of Judge of the Circuit Court, District 4, Position 38, occurred after the 80th day before the 2024 General Election and before the 62nd day before the 2024 General Election to be held during the term of office which commenced on August 22, 2024. The vacancy in office will be filled at the November 5, 2024, General Election. This rule sets the deadline for a candidate to file a declaration of candidacy with the Secretary of State.
NEED FOR TEMPORARY RULE: A vacancy in the office of Judge of the Circuit Court, District 4, Position 38 occurred after the 80th day before the 2024 General Election and before the 62nd day before the 2024 General Election to be held during the term of office, which commenced on August 22, 2024. The vacancy in office will be filled at the November 5, 2024, General Election. This rule sets the deadline for a candidate to file a declaration of candidacy.
JUSTIFICATION FOR TEMPORARY RULE: The Elections Division finds that following permanent rulemaking procedures would result in serious prejudice to the public interest as the vacancy must be filled at the November 5, 2024, General Election. There is not sufficient time to adopt this rule by regular rulemaking procedures.
The specific consequences and why those consequences would result in serious prejudice are as follows. If there is no schedule set, the Secretary would not have authority to accept the declaration(s) of candidacy. If no declarations were accepted, the election of this office would be severely impacted. Candidates would have to work on a write-in campaign which would be costly for the candidates and the county(ies) to administer the election. Candidates for the office would suffer serious consequences. Failure to act immediately would result in these consequences. Without a schedule, the public is left without direction. Temporary rulemaking will avoid or mitigate these actions because the temporary rule sets the schedule and provides an avenue for parties and individuals to select a nominee.
DOCUMENTS RELIED UPON & WHERE THEY ARE AVAILABLE: OAR 165-010-0110, available on the State Archives website; Letter of Resignation signed by Judge Amy Baggio, dated August 23, 2024, available from the Elections Division.
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