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1995-10597-Ordinance No. 84-024 Recorded 8/15/198495-1059'7 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES 19% AL't 15 f't1 3. 09 An Ordinance Providing For VOL 55 pk, The Inclusion of County' �I} Measures in the State Voters' CGUiii ;En Pamphlet, Prescribing Pro- cedures, and Declaring an Emergency. ORDINANCE NO. 84-024 WHEREAS, ORS 251.285 provides that a county measure, and the ballot title, explanatory statement and arguments relating to the measure, may be included in the state voters' pamphlet; and WHEREAS, the Deschutes County Board of County Commissioners find that it is in the public interest to allow county measures the opportunity to be printed in the state voters' pamphlet; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Purpose. The purpose of this Ordinance is to allow Inc usion oT-county measures, ballot titles and explanatory statements therefore, and arguments relating thereto in the state voters' pamphlet in accordance with ORS 251.285 and these provisions. Section 2. County Measures Included in Pamphlet. A county measure shall qualify for and be subject to the provisions of this ordinance and ORS 251.285 only if: A. The measure is to be submitted to the electors at an election for which a state voters' pamphlet is printed. B. All procedures set forth in this ordinance relat- ing to the preparation of the ballot title and to the explanatory statement for the measure, have been completed on or before the 75th day before the election at which the measure is to be submitted to the electors. C. In the case of a measure proposed by initiative or referendum petition: 1. All chief petitioners indicate their decision to include the measure, its ballot title, explanatory statement and arguments in the state voters' pamphlet by filing with the County Clerk a statement of that decision, in such form as the Clerk shall prescribe, at the time the prospec ive petition for the measure is filed with the Clerk. KE `<HED 1 - ORDINANCE NO. 84-024 A 5995 *r VOL 55 PACE 132 2. A petition containing sufficient numbers of qualified signatures to require submission of the measure to the electors is filed with the Clerk on or before the 90th day pre- ceding the election at which the measure is to be submitted to the electors. D. In the case of a measure referred to the electors by the Board of County Commissioners, the Board indicates its decision to include the measure, its ballot title, explanatory statement and arguments in the state voters' pamphlet, by filing with the Clerk its order reflecting that decision on or before the 85th day preceding the election at which the measure is to be submitted to the electors. E. In the case of any County measure supported or opposed by a political committee, as defined in ORS Chapter 260, such committee indicates its decision in a statement signed by every committee director, as defined in ORS Chapter 260, and files such statement with the Clerk on or before the 80th day preceding the election at which the measure is to be submitted to the electors. Section 3. Preparation of Ballot Titles and Explanatory Statements. A. In the case of a measure proposed by initiative or referendum petition, upon the filing of the prospective petition, the Clerk shall convey two copies of the prospective petition to the District Attorney who shall, within five days after receiving it, prepare a ballot title and explanatory statement for the measure and return a copy of the prospective petition, together with the ballot title and explanatory statement to the Clerk and to one of the chief petitioners. B. In the case of a measure referred to the electors by the Board of County Commissioners which will be voted upon at an election for which there is a state voters' pamphlet, the Board shall file with the Clerk a ballot title and explanatory statement for the measure at the time it files the order described in subsection D of section 2 of this ordinance. C. Ballot titles shall consist of: 1. A caption of not more than 10 words by which the measure is commonly referred to. 2. A question of not more than 20 words which plainly states the purpose of the measure, and is phrased so that an affirmative response to the question corresponds to an affirm- ative vote on the measure. 3. A concise and impartial statement of not more than 75 words of the chief purpose of the measure. 2 - ORDINANCE NO. 84-024 . r! r VOL 55 FACE 1,31 D. Explanatory statements shall be impartial, simple, and understandable, explaining the measure and its effect, and shall not exceed 500 words. Section 4. Judicial Review of Ballot Titles and Explanatory Statements. Within five days after the ballot title and explan- atory statements are received by the Clerk under subsection A or B of section 3 of this ordinance, any elector dissatisfied with the ballot title or explanatory statement or both may petition the Oregon State Circuit Court of Deschutes County for review of the title or statement, and shall set forth the reasons why the title or statement does not conform to the requirements of this ordinance or other applicable law. If the Court finds that the ballot title or explanatory statement complies with the require- ments of this ordinance or other applicable law, it shall enter an appropriate order to that effect. If the court determines that the ballot title or explanatory statement does not comply with the requirements of this ordinance or other applicable law, the Court shall prepare an alternative ballot title or explana- tory statement. The title or statement so prepared shall super - cede and replace that of the District Attorney for purposes of this ordinance. The order of the Circuit Court shall not be appealable. Section 5. Arguments Favoring or Opposing Measures. A. Arguments favoring or opposing a measure which qualifies for and is subject to this ordinance may be filed with the Clerk on or before the 75th day preceding the election at which the measure is to be submitted to the electors by: 1. Any elector eligible to vote on the measure, or any organization eligible to file arguments under Oregon Law, upon payment to the Clerk of a fee of $300 and the filing of a statement, in such form as the Clerk shall prescribe, which identifies the name of the person or persons who submitted the argument, the name of the organization the person or persons represent, if any, and whether the agument supports or opposes the measure, or; 2. One thousand or more electors eligible to vote on the measure or 10% of the total of such electors, which- ever is less, whose representative files with their argument a petition for its inclusion in the state voters' pamphlet, in such form as the Clerk shall prescribe or provide, which contains the qualified signatures of at least 11000 such electors or 10% of the total electors eligible to vote on the measure, whichever is less. B. Prior to the circulation of a petition under sub- section A(2) of this section,, a prospective petition shall be filed with the Clerk, in such form as the Clerk shall prescribe or provide, which sets forth the text of the proposed argument and which identifies the name of the person or persons who sub - 3 - ORDINANCE NO. 84-024 VOL 55 PAGE 134 mitted the argument, the name of the organization the person or persons represent, if any, and whether the argument supports or opposes the measure. A copy of the contents of the prospective petition shall be attached to each signature sheet of the peti- tion circulated among the electors. The procedures for circu- lation of the petition shall be the same as the applicable pro- cedures for circulation of initiative or referendum petitions, and the Clerk shall verify the signatures on the petition in the same manner signatures are verified on referendum or initiative petitions. C. Arguments shall be typewritten, and shall be prepared for printing on not more than 29.8 square inches of the State voters' pamphlet and shall comply with all applicable laws and rules pertaining to arguments in the State voters' pamphlet. Section 6. Filing of Material With Secretary of State. On or before the 70th day preceding the election at which any meas- ure which qualifies for and is subject to this ordinance is to be submitted to the electors, the Clerk shall file with the Secre- tary of State the measure, ballot title, explanatory statements, and any arguments which have been filed and completed in accord- ance with the requirements of this ordinance and of any other applicable law. The County shall pay the Secretary of State the cost of including the material in the state voters' pamphlet. Section 7. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this /j day of , 1984. BOARD COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON AT EST: Recording Secretary 4 - ORDINANCE NO. 84-024 ALB A. Yq G Chair B ISTOW PRANTE, Commissioner rUR CE A. TUTTL , Commissioner