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1995-25340-Ordinance No. 95-054 Recorded 7/20/1995REVIEWED 95-215311'x® LE COUNSEL COU BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES NTYr,-�OREr�GON An Ordinance Repealing Chapter * 014-'7- ! t�4 1.12, Elections, and Declaring an Emergency. _ J ORDINANCE NO. 95-054 CIO THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,,�;ORq�GON, ORDAINS as follows: Section 1. Chapter 1.12, ELECTIONS, Deschutes County Code, as amended, is hereby repealed in its entirety. Section 2. Emergency. 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 19th day of July, 1995. ATTEST: Recording Secr tary BOARD OF COUNTY COMMISSIONERS OF D,XSCHUTES CregNTY, OREGON H NANCY P ISCH�ANGEk, Commissioner ✓J . ROBE L. NIPPER, CommToner PAGE 1 - ORDINANCE NO. 95-054 (7-19-95) MICROFILMED Tl�- JUL 2 6 1995 K �c KEY �010 5 N Chapter 1.12 ELECTIONS Sections: 1.12.010 Purpose. 1.12.020 County measures included in pamphlet. 1.12.030 Preparation of ballot titles and explanatory statements. 1.12.040 Judicial review of ballot titles and explanatory review. 1.12.050 Arguments favoring or opposing measures. 1.12.060 Filing of material with Secretary of State. 1.12.010 Purpose. The purpose of this chapter is to allow inclusion of county measures, ballot titles and explanatory statements therefor, and arguments relating thereto in the state voters' pamphlet in accordance with Oregon Revised Statutes 251.285 and these provisions. (Ord. 95-026 § 1, 1995; Ord. 84-024 § 1, 1984) 1.12.020 County measures included in pamphlet. A county measure shall qualify for and be subject to the provisions of this chapter and Oregon Revised Statutes 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 chapter relating 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 Chapter 1.12 0147-0755 such form as the clerk shall prescribe, at the time the prospective petition for the measure is filed with the clerk. 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 preceding 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 Oregon Revised Statutes chapter 260, such committee indicates its decision in a statement signed by every committee director, as defined in Oregon Revised Statutes 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. (Ord. 95-026 § 1,1995; Ord. 84-024 § 2,1984) 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 Ming 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 (5/95) r ballot title and explanatory statement for the measure at the time it files the order described in section 1.12.020(D) of this chapter. C. Ballot titles shall consist ofi 1. A caption of not more than 10 words which reasonably identifies the subject of the measure; 2. A question of not more than 20 words which plainly phrases the chief purpose of the measure 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 85 words summarizing the measure and its major effect, excluding those words excluded from the word county pursuant to Oregon Revised Statutes chapter 250 and 310; or, in the case of a tax base 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 Oregon Revised Statutes chapter 250 and 310. D. An explanatory statement shall be an impartial, simple and understandable statement, explaining the measure and its effect, and shall not exceed 500 words, including the heading and ballot title. (Ord. 92-012 § 1, 1992; Ord. 92-011 § 1, 1992; Ord. 90-016, § 1, 1990; Ord. 84-024 § 3, 1984) 1.12.040 Judicial review of ballot titles and explanatory statements. Within seven days after the ballot title and explanatory statements are received by the clerk under section 1.12.030(A) or 1.12.030(B) of this chapter, any elector dissatisfied with the ballot title or explanatory statement, or both, may petition the Circuit Court of the judicial district in which the county is located 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 Chapter 1.12 0147-07 56 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 § 2,1990; Ord. 84-024, § 4,1984) 1.12.050 Argument favoring or opposing measures. A. Arguments favoring or opposing a measure which qualifies for and is subject to this chapter 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 $300.00 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 argument supports or opposes the measure; or 2. One thousand or more electors eligible to vote on the measure or 10 percent of the total of such electors, whichever is less, whose representative files with their argument a form as the clerk shall prescribe or provide, which contains the qualified signatures of at least 1,000 such electors or 10 percent of the total electors eligible to vote on the measure, whichever is less. B. Prior to the circulation of a petition under subsection 1.12.050(A)(2), 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 2 (5/95) ©14'7-075 person or persons who submitted 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 petition circulated among the electors. The procedures for circulation of the petition shall be the same as the applicable procedures 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. (Ord. 95-026 § 1,1995; Ord. 84-024 § 5, 1984) 1.12.060 Filing of material with Secretary of State. On or before the 70th day before the general election or the 68th 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 § 3, 1992; Ord. 84-024 § 6, 1984) Chapter 1.12 3 (5/95)