PROPOSED AMENDMENTS TO HOUSE BILL 4033

Transcription

1 HB 0- (LC ) // (DRG/ps) Requested by HOUSE COMMITTEE ON RULES PROPOSED AMENDMENTS TO HOUSE BILL In line of the printed bill, after elections insert ; and declaring an emergency. Delete lines through and insert: SECTION 1. (1) Sections 1 to of this Act apply if: (a) House Joint Resolution 1 () is referred to the people by the Seventy-ninth Legislative Assembly; or (b) House Joint Resolution () is referred to the people by the Seventy-ninth Legislative Assembly. () Except as otherwise provided in sections 1 to of this Act, ORS chapters 0, 1 and apply to an election held on a measure described in subsection (1) of this section. () Arguments relating to a measure described in subsection (1) of this section may be filed with the Secretary of State under ORS 1. and 1.. () As used in sections 1 to of this Act, measure has the meaning given that term in ORS SECTION. (1) Notwithstanding ORS 0.0, 0.0 and 0.0, the ballot title for a measure described in section 1 of this Act shall be prepared by the joint legislative committee appointed under section of this Act in the manner set forth in this section. Unless modified under section of this Act, the ballot title prepared

2 1 0 by the committee under this section shall be the ballot title printed in the voters pamphlet and printed on, or included with, the ballot. () Not later than the 0th day after the regular session of the Legislative Assembly adjourns sine die, a draft ballot title for the measure shall be prepared by the joint legislative committee. () The joint legislative committee shall provide reasonable statewide notice, as determined by the committee, of having prepared a draft ballot title and of the public s right to submit written comments as provided in this section. Written comments concerning a draft ballot title may be submitted to the committee not later than the th business day after the committee has prepared the draft ballot title. The committee shall maintain a record of written comments received. ()(a) If written comments are submitted to the joint legislative committee under subsection () of this section, the committee shall consider the comments and file either the ballot title it prepared or a revised ballot title with the Secretary of State not later than the th business day after the deadline for submitting comments under subsection () of this section. (b) If no written comments are submitted to the committee, the committee shall file the ballot title it prepared with the Secretary of State not later than the st business day after the committee prepared the draft ballot title. (c) If the committee determines that a ballot title filed with the Secretary of State under this subsection contains a clerical error, the committee may correct the error and file a corrected ballot title with the Secretary of State not later than the th business day after the date the ballot title was filed. () Unless the Supreme Court certifies a different ballot title, the latest ballot title filed with the Secretary of State by the joint legislative committee under subsection () of this section is the title to be HB 0- // Proposed Amendments to HB 0 Page

3 1 0 printed in the voters pamphlet and printed on, or included with, the ballot. () If a petition is filed with the Supreme Court as provided in section of this Act, the Attorney General shall file with the Supreme Court a copy of the written comments received as part of the record on review of the ballot title. () As used in this section, clerical error means a typographical, arithmetical or grammatical error or omission that is evident from the text of the draft or certified ballot title or by comparison of the text of the draft or certified ballot title with a written explanation that was provided by the joint legislative committee and issued concurrently with the draft or certified ballot title. SECTION. (1) Notwithstanding ORS 1., 1., 1., 1.0 and 1., the explanatory statement for a measure described in section 1 of this Act shall be drafted by the joint legislative committee appointed under section of this Act in the manner set forth in this section. Unless modified under section of this Act, the explanatory statement prepared by the committee under this section shall be the explanatory statement printed in the voters pamphlet. () Not later than the th day before the date of the November,, general election, the joint legislative committee shall prepare an impartial, simple and understandable statement explaining the measure. The statement shall not exceed 00 words. () Not later than the th day before the election, the joint legislative committee shall hold a hearing upon reasonable statewide notice, as determined by the committee, to receive suggested changes or other information relating to the explanatory statement. Any person may submit suggested changes or other information orally or in writing at the hearing or may submit written suggestions or other HB 0- // Proposed Amendments to HB 0 Page

4 1 0 information at any time before the hearing. () The joint legislative committee shall consider suggestions and any other information submitted under subsection () of this section and file a final explanatory statement with the Secretary of State not later than the 0th day before the election. SECTION. Notwithstanding ORS 0.0: (1) Any elector dissatisfied with the ballot title for a measure described in section 1 of this Act prepared by the joint legislative committee appointed under section of this Act, and who timely submitted written comments to the committee on the draft ballot title, may petition the Supreme Court seeking a different title. The petition shall state the reasons that the title filed with the Secretary of State does not substantially comply with the requirements of ORS 0.0. () The petition shall name the Attorney General as the respondent and must be filed not later than the th business day after the joint legislative committee files a ballot title or a corrected ballot title with the Secretary of State, whichever is later. () An elector filing a petition under this section shall notify the Secretary of State in writing that the petition has been filed. The notice must be received in the office of the Secretary of State not later than p.m. on the next business day following the day the petition is filed. () The Supreme Court shall review the ballot title for substantial compliance with the requirements of ORS 0.0. () When reviewing a ballot title filed with the Secretary of State by the joint legislative committee, the Supreme Court shall not consider an argument concerning the ballot title that was not presented in writing to the committee unless the court determines that the argument concerns language added to or removed from the draft ballot title after expiration of the comment period provided in section of HB 0- // Proposed Amendments to HB 0 Page

5 1 0 this Act. () The review by the Supreme Court shall be conducted expeditiously to ensure the orderly and timely conduct of the election at which the measure is to be submitted to the electors. () If the Supreme Court determines that the latest ballot title filed with the Secretary of State by the joint legislative committee substantially complies with the requirements of ORS 0.0, the court shall certify the title to the Secretary of State. If the Supreme Court determines that the latest ballot title filed with the Secretary of State by the committee does not substantially comply with the requirements of ORS 0.0, the court shall modify the ballot title and certify the ballot title to the Secretary of State or refer the ballot title to the Attorney General for modification. () Not later than five business days after the Supreme Court refers a ballot title to the Attorney General under this section, the Attorney General shall file a modified ballot title with the Supreme Court and serve copies of the modified ballot title on all parties to the ballot title review proceeding. If no party to the ballot title review proceeding files an objection to the modified ballot title within five business days after the date the modified ballot title is filed, the Supreme Court shall certify the modified ballot title to the Secretary of State and enter an appellate judgment the next judicial day. If any of the parties to the ballot title review proceeding timely files a petition objecting to the modified ballot title, the Supreme Court shall review the modified ballot title to determine whether the modified ballot title substantially complies with the requirements of ORS 0.0. () Upon the filing of a petition under subsection () of this section objecting to a modified ballot title: (a) If the Supreme Court determines that the modified ballot title substantially complies with the requirements of ORS 0.0, the court HB 0- // Proposed Amendments to HB 0 Page

6 1 0 shall certify the modified ballot title to the Secretary of State. (b) If the Supreme Court determines that the modified ballot title does not substantially comply with the requirements of ORS 0.0, the court shall modify the ballot title and certify the ballot title to the Secretary of State or refer the modified ballot title to the Attorney General for additional modification and further proceedings under subsection () of this section. SECTION. Notwithstanding ORS 1.: (1) Any person dissatisfied with the explanatory statement for a measure described in section 1 of this Act prepared by the joint legislative committee appointed under section of this Act, and for which suggestions were offered at the committee hearing held under section of this Act, may petition the Supreme Court seeking a different explanatory statement and stating the reasons the explanatory statement filed with the court is insufficient or unclear. () The Supreme Court shall review the explanatory statement and certify an explanatory statement to the Secretary of State if the petition is filed and served as required in subsection () of this section not later than the fifth business day after the joint legislative committee files the explanatory statement with the Secretary of State. () Failure to file and serve the petition within the time prescribed in subsection () of this section precludes Supreme Court review and certification of an explanatory statement. If the court considers the petition, the court may allow oral argument. The review by the Supreme Court shall be conducted expeditiously to ensure the orderly and timely conduct of the election at which the measure is to be submitted to the electors. The explanatory statement certified by the court shall be the explanatory statement printed in the voters pamphlet. () At the time a person petitions the Supreme Court under sub- HB 0- // Proposed Amendments to HB 0 Page

7 1 section (1) of this section, the person also shall serve a copy of the petition on: (a) The Attorney General; and (b) The Legislative Assembly. SECTION. (1) For each measure described in section 1 of this Act, a joint legislative committee consisting of three Senators and three Representatives shall be appointed to prepare the ballot title and explanatory statement for the measure. ()(a) The President of the Senate shall appoint three members of a committee from among members of the Senate, two from the majority party and one from the minority party. (b) The Speaker of the House of Representatives shall appoint three members of a committee from among members of the House of Representatives, two from the majority party and one from the minority party. SECTION. (1) The Secretary of State shall cause to be printed in the voters pamphlet the number, ballot title and text of a measure described in section 1 of this Act and the financial estimate, explanatory statement and arguments relating to the measure. The Secretary of State shall also cause to be printed in the voters pamphlet any other material required by law. () The Secretary of State shall adopt rules governing an election held on a measure described in section 1 of this Act as may be necessary to implement sections 1 to of this Act. SECTION. This Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Act takes effect on its passage.. HB 0- // Proposed Amendments to HB 0 Page