1992-05369-Ordinance No. 92-011 Recorded 2/24/1992BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
92-05369
An Ordinance Amending Deschutes
County Code Sections 1.12.030,
Preparation of Ballot Titles and
Explanatory Statements, 1.12.040,
Judicial Review of Ballot Titles
and Explanatory Statements, and
1.12.060, Filing of Material with
Secretary of State, and Declaring
an Emergency.
ORDINANCE NO. 92-011
I«V9E ED
LEGAL CC/TN M
v
COUNTY, OREGON
a"j
0108 1536
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Section 1.12.030 be amended as follows:
"1.12.030 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 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 Section 1.12.020D of this chapter.
C. Ballot titles shall consist of:
1. A caption of not more than ten words [by which the
measure is commonly referred to] which reasonably identifies
the subject of the measure;
2. A question of not more than twenty words which plainly
[states] phrases the chief purpose of the measure[, and is
phrased] so that an affirmative response to the question
corresponds to an affirmative vote on the measure;
3. A concise and impartial statement of not more than
[seventy-five] eighty-five words [of the chief purpose of the
measure] summarizing the measure and its major effect,
excluding those words excluded from the word count pursuant to
ORS Chapter 250 and 310; or, in the case of a tax base
1 - ORDINANCE NO. 92-011 (2/24/92) WCRORLME6 • ->>,•
li`
MAR 0 2 '0 92. FE 1992
0108 1537
measure, a concise and impartial statement of not more than
175 words explaining the chief purpose of the measure and
giving reasons for the measure, excluding those words excluded
from the word count pursuant to ORS Chapter 250 and 310.
D. An [E]explanatory statement[s] shall be an impartial,
simple and understandable statement, explaining the measure
and its effect, and shall not exceed [five hundred] 500 words,
including the heading and ballot title. (Ord. 92-011 S 1,
1992, Ord. 84-024 S 3, 1984)"
Section 2. Section 1.12.040 be amended as follows:
"1.12.040 Judicial review of ballot titles and explanatory
statements.
Within seven ( 7 ) days after the ballot title and explanatory
statements are received by the clerk under Section 1.12.030A
or 1.12.030B of this chapter, any elector dissatisfied with
the ballot title or explanatory statement, or both, may
petition the [ Oregon State Circuit Court] circuit court of the
judicial district in which the county is located [of the
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 chapter or other applicable law.
If the court finds that the ballot title or explanatory
statement complies with the requirements of this chapter 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 chapter or other applicable law, the court shall prepare
an alternative ballot title or explanatory statement. The
title or statement so prepared shall supersede and replace
that of the district attorney for purposes of this chapter.
The order of the circuit court shall not be appealable. (Ord.
92-011 $ 2, 1992, Ord. 90-016 S 2, 1990, Ord. 84-024, § 4,
1984)"
Section 3. Section 1.12.060 is amended as follows:
"1.12.060 Filing of material with Secretary of State.
On or before the seventieth day [preceding the] before the
general election or the sixty-eighth day before a special
election held on the date of any primary election at which any
measure which qualifies for and is subject to this chapter is
to be submitted to the electors, the clerk shall file with the
Secretary of State the measure, ballot title, explanatory
statements and any arguments which have been filed and
completed in accordance with the requirements of this chapter
and any other applicable law. The county shall pay the
Secretary of State the cost of including the material in the
state voters, pamphlet. (Ord. 92-011 S 3, 1992, Ord. 84-024
§ 6, 1984)"
2 - ORDINANCE NO. 92-011 (2/24/92)
0108 1538
Section 4. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this 24th day of February, 1992.
BOARD OF BOUNTY COMMISSIONERS
OF DESCHU ES COUNTY, OREGON
ATT T: NANCY POP b 9CHA
AeKco-rding Secretary DICK MAUDLIN, C
3 - ORDINANCE NO. 92-011 (2/24/92)
ssione
, commiss.igner