State Candidate s Manual: Individual Electors

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1 State Candidate s Manual: Individual Electors Published by phone Elections Division fax State Capitol tty Salem OR web Secretary of State Bill Bradbury

2 Notice The 2006 State Candidate s Manual: Individual Electors and associated forms are adopted by Oregon Administrative Rule No

3 Office of the Secretary of State Bill Bradbury Secretary of State Elections Division John Lindback Director 141 State Capitol Salem OR Dear Oregonian, It is my pleasure to provide the 2006 State Candidate s Manual: Individual Electors. Oregon continually strives to open its elections system to the broadest citizen participation possible. For individuals interested in running for partisan elective office, this manual provides information for candidates filing for partisan office by individual electors. Candidates nominated in this manner are designated as nonaffiliated on the ballot and may not have been a member of any political party for 180 days before the filing deadline. This manual also reviews the rights and responsibilities of candidates and campaign committees. The information in this manual is presented in two parts. The first part outlines the process for filing by certificate of nomination; the second part is general information for all state partisan candidates, including definitions of terms used throughout the manual. A companion Campaign Finance Manual is available at your county elections office or the Elections Division of the Secretary of State s Office. Candidates participating in the 2006 General Election should carefully study both publications. Contact your county elections official or the Elections Division for assistance in registering to vote, voting or filing for candidacy. Best, Bill Bradbury Secretary of State

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5 Contents 2 Office Requirements for Partisan Federal and State Candidates 3 Introduction 5 Certificate of Nomination by Individual Electors 6 Filing Certificate of Nomination by Individual Electors 12 Timeline for Nomination by Petition of Individual Electors 15 General Information 16 General Information 16 State Voters Pamphlet 17 Withdrawal of Nomination 17 Contribution and Expenditure Reporting 18 Conduct of Elections 19 Signature Sheet Requirements 20 Petition Signer Requirements 21 Circulator Requirements 22 Certification of Signature Sheets 23 Signature Requirements 25 Definitions 31 OAR Forms

6 2 State Candidate s Manual: Individual Electors Office Requirements for Partisan Federal and State Candidates All Candidates must be US Citizens and Electors. Term Age Residency Term Limits of Office Vacancies President 35 Natural born citizen and resident within US for 14 years prior to election US Const., Art II, 1 May serve two consecutive terms 4 years Succession order: 1 Vice President 2 Congress to appoint officer US Const., Art II, 1, 3 USC 19 US Senator 30 US citizen for 9 years prior to election and inhabitant of state at time of election US Const., Art I, 3 6 years Governor shall call special election to fill vacancy US Const., Art I; ORS US Representative 25 US citizen for 7 years prior to election and inhabitant of state at time of election US Const., Art I, 2 2 years Governor shall call special election to fill vacancy US Const., Art I; ORS Governor 30 US citizen and resident of state for 3 years prior to election Ore. Const., Art V, 2 8 years in any period of 12 years Ore. Const., Art V, 1 4 years Succession order: 1 Secretary of State 2 State Treasurer 3 President of the Senate 4 Speaker of the House Ore. Const., Art V, 8a Secretary of State, State Treasurer 18 Resident of state 8 years in any period of 12 years Ore. Const., Art VI, 1 4 years Governor appoints qualified person to serve until successor is elected at next General Election Ore. Const., Art V, 16 Attorney General 18 Resident of state 8 years in lifetime 4 years Governor appoints qualified person to serve until successor is elected at next General Election Ore. Const., Art V, 16; ORS State Senator 21 Inhabitant of district for 1 year prior to election Ore. Const., Art. IV, 8 4 years Appointment process by Board of County Commissioners from party nominees. ORS State Representative 21 Inhabitant of district for 1 year prior to election Ore. Const., Art. IV, 8 2 years Appointment process by Board of County Commissioners from party nominees ORS

7 Introduction The 2006 State Candidate s Manual: Individual Electors provides individuals interested in filing for candidacy for partisan state office by petition information regarding the procedures and regulations necessary to file for office. Candidates nominated in this manner are designated as nonaffiliated on the ballot and cannot have been a member of any political party for 180 days before the filing deadline. All references in this manual to the Elections Division are to the Elections Division of the Secretary of State s Office. This symbol denotes deadlines, which are always located at the bottom of the page. For assistance, contact the Elections Division at: Elections Division 141 State Capitol Salem OR phone web elections@sos.state.or.us toll free ORE VOTES/ se habla español tty for the hearing impaired

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9 Certificate of Nomination by Individual Electors

10 6 State Candidate s Manual: Individual Electors Filing Certificate of Nomination by Individual Electors (ORS (1)(e) and ) The following information for nonaffiliated candidates is provided in the order in which the activities generally occur and includes explanations and time frames for each activity. A nonaffiliated candidate may not be registered to vote as a member of a major or minor political party. See the deadline information at the bottom of the page. All Candidates for Public Office Qualifications for various public offices differ. Before filing for public office, a candidate should review the constitutional and statutory requirements for the office sought. See the office requirements table on page 2. Candidates for state partisan offices file under ORS chapter 249. Warning A person may only file for one lucrative office at the same election. Unless the person has withdrawn from the first filing, all filings are invalid. ORS (3). Candidates who qualify to the ballot by nomination by individual electors will appear on the ballot with the designation of nonaffiliated. For US President and Vice President, a discussion of the methods by which a nonaffiliated candidate may have the candidate s name placed on the ballot in 2008 is on pages Secretary of State The Elections Division provides the following approved candidate filing forms, available at the back of this manual and online: g Certificate of Nomination by Individual Electors (SEL 114) g Chief Sponsor Petition for Nonaffiliated Nomination Signature Sheet (SEL 122) g Statement One or More/No Petition Circulators Will Be Paid (SEL 300) g Statement of Organization (one of the following sets of forms must be filed): Statement of Organization for Candidate Committee (SEL 220) and Campaign Account Information (SEL 223) or Statement of Organization for Political Action Committee (SEL 221) and Campaign Account Information (SEL 223) If the chief sponsor of a nominating petition by individual electors is receiving contributions or making expenditures that will not be reported by the prospective candidate, the chief sponsor must establish a political committee by opening a campaign account, filing a Statement of Organization for Political Action Committee (SEL 221) and Campaign Account Information form (SEL 223) and filing contribution and expenditure reports. Warning All signature sheets must be approved in writing by the Elections Division before circulating. Failure to do so will result in the rejection of those signature sheets. Deadline for a Candidate Filing by Petition of Individual Electors to Register as Nonaffiliated To qualify for nomination by individual electors, a candidate must be registered as a nonaffiliated voter for a minimum of 180 days prior to the filing deadline. For the 2006 General Election, the 180-day period begins on March 2, 2006.

11 Certificate of Nomination by Individual Electors 7 Chief Sponsor of Certificate A candidate may have only one candidate committee. A prospective candidate establishes a candidate committee by opening a campaign account and filing a Statement of Organization for Candidate Committee (SEL 220) and Campaign Account Information form (SEL 223) with the Elections Division. The candidate is not required to establish a campaign account, file a Statement of Organization or file contribution and expenditure reports, if all three of the following conditions are met: g the candidate serves as the candidate s own treasurer g the candidate does not have an existing candidate committee and g the candidate does not expect to receive or spend more than $300 for the entire election However, if at any time that candidate exceeds $300 in either contributions or expenditures, the candidate must establish a campaign account, file a Statement of Organization and file contribution and expenditure reports. The $300 includes personal funds spent for any campaign-related costs, such as expenses incurred in circulating a nominating petition and paying a Voters Pamphlet filing fee. Most candidates for federal office in Oregon file their campaign finance information with the Federal Election Commission ( ). Candidates for United States Senator file their campaign finance information with the Secretary of the Senate ( ) at: Office of Public Records, 232 Hart Senate Office Building, Washington, DC If the candidate has an existing candidate committee, the candidate or treasurer must file an amended Statement of Organization for Candidate Committee (SEL 220) within 10 days of changing any information on the Statement of Organization, but not later than the date of the filing of candidacy. The amendment will reflect any changes (designation of office sought, applicable election, etc.). If filing for a new office involves changing filing officers, e.g., county to state, refer to the Changing Office section of the Campaign Finance Manual. Before circulating the nominating petition, the chief sponsor files a prospective petition with the Elections Division. See pages for signature sheet requirements. Checklist for Filing a Certificate of Nomination Below is a checklist of all the components required to file a prospective nominating petition: Certificate of Nomination by Individual Electors (SEL 114) check-marked Filing of Candidacy by Prospective Petition Petition for Nonaffiliated Nomination Signature Sheet (SEL 122) with Line 1 signed and completed by the candidate Statement One or More/No Petition Circulators Will Be Paid (SEL 300) Deadline to File a Statement of Organization The Statement of Organization must be filed within 3 business days of receiving a contribution or making an expenditure, but no later than the date the Certificate of Nomination by Individual Electors (SEL 114) is filed.

12 8 State Candidate s Manual: Individual Electors Secretary of State The Elections Division reviews the prospective petition for the required information. The Elections Division gives written approval to circulate the petition and advises the chief sponsor of the number of signatures required. See page 23 for signature requirements. Chief Sponsor of Certificate Before circulating the nominating petition for signatures, the chief sponsor reviews with the circulators all of the guidelines for circulating the petition. Failure to comply with the legal requirements and guidelines will result in rejection of those sheets. The guidelines are: gall signers must be active registered voters within the candidate s electoral district g all signers on any one petition sheet must be registered in the same county g all signatures must be original signatures g all signatures must be personally witnessed by the petition circulator and the circulator s certification must be completed and dated after all signatures on the sheet have been collected and g signatures should not be added to a signature sheet once the circulator has certified and dated that sheet For instructions on certifying new signatures to a petition sheet that has already been certified and dated by a circulator, see OAR (4)(d) on page 32. See pages for petition signer and circulator requirements and circulator certification guidelines. Warning Violations of the circulator requirements may result in conviction of a felony with a fine of up to $125,000 and/or prison for up to 5 years. The chief sponsor circulates the nominating petition by: g obtaining more than the required number of electors signatures to ensure the petition contains a sufficient number of valid signatures and g ensuring each signature sheet certification is signed and dated by the circulator Before submitting the signature sheets to the appropriate county elections officials for signature verification, the chief sponsor must: g sort the signature sheets by county and g number each signature sheet sequentially within each county in the space provided The signature verification process must be finished before submitting the completed nominating petition to the Elections Division. Candidates must allow enough time to have the signatures verified before the filing deadline. County Elections Official The county elections official verifies the signatures against the voter registration records and returns the certified signature sheets to the chief sponsor of the certificate of nomination, informing the chief sponsor of the total number of valid signatures. Chief Sponsor of Certificate The chief sponsor files the completed nominating petition with the Elections Division. The petition consists of: g new Certificate of Nomination by Individual Electors (SEL 114) check-marked Filing of Candidacy by Completed Petition, either: endorsed on the filing form by the nominee or endorsed on an attached acceptance statement from the nominee, providing the same required information as the filing form and g signature sheets with the sufficient number of signatures verified by the appropriate county elections officials If the nominee s acceptance statement is not submitted with the certificate of nomination it may be submitted up to the filing deadline.

13 Certificate of Nomination by Individual Electors 9 Warning An elector may not participate in more than one nominating process for each partisan public office to be filled at the General Election. Returning a partisan ballot at a Primary Election counts as participation for all partisan offices to be filled at a General Election. The signature on a nominating petition of a voter who voted a partisan ballot in the Primary Election is considered invalid. For a detailed description of this prohibition, see pages Candidates for US President and Vice President for 2008 Oregon Election Law provides two methods by which a candidate that is not affiliated with any political party (nonaffiliated) may have their name placed on the ballot for nomination for United States President at the 2008 General Election. Any candidate for President or Vice President nominated by these methods will be designated as nonaffiliated on the ballot. The Presidential and Vice Presidential candidates and the presidential electors must not have been a member of any political party for 180 days before the filing deadline in However, any Oregon registered voter may sign a nominating petition, assembly of electors signature sheet or certificate of nomination for President and Vice President (subject to the prohibition against participating in more than one nominating process as discussed on pages 21 22). The names of all candidates for presidential electors of President and Vice President may be upon the same certificate of nomination and the names of the candidates for President and Vice President may be added. Although a vote for the candidates for President and Vice President is a vote for the group of presidential electors supporting those candidates selected by law, the names of the electors are not printed on the General Election ballot. However, the General Election ballot will state that the presidential electors of President and Vice President are being elected and that a vote for the candidates for President and Vice President is a vote for the presidential electors supporting those candidates. The two methods referenced for nonaffiliated candidates for President and Vice President are: g by an assembly of electors, as described in the 2006 State Candidate s Manual: Assembly of Electors An assembly of electors involves a gathering of registered voters in one place at one time to nominate candidates to partisan office. or g by a Certificate of Nomination by Individual Electors The Certificate of Nomination by Individual Electors process involves first filing with the Elections Division and receiving written approval to circulate a prospective petition. The prospective petition consists of a Filing of Certificate of Nomination by Individual Electors (SEL 114), a Chief Sponsor Petition for Nonaffiliated Nomination for President/ Vice President Signature Sheet (SEL 122p) and a Statement One or More/No Petition Circulators Will Be Paid (SEL 300). Each candidate for presidential elector, President and Vice President must complete and sign form SEL 114. This method most closely follows statutory language, however in the alternative, a nonaffiliated candidate for President may use an SEL 122 rather than an SEL 122p, to pursue nomination for the office in his or her own name. After the Elections Division provides written approval to circulate the petition, it may be circulated using the same process described in the previous pages for Deadline to File the Completed Nominating Petition The deadline is no sooner than May 31, 2006, and no later than 5pm, August 29, 2006, for the 2006 General Election.

14 10 State Candidate s Manual: Individual Electors other nominations by individual electors, except that campaign finance reporting requirements do not apply. The offices of President and Vice President are federal offices. Therefore, candidates for these offices must meet the federal campaign finance reporting requirements, not Oregon s. Contact the Federal Election Commission at or for information.

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16 Timeline for Nomination by Petition of Individual Electors Candidate The last day for A Statement of The deadline to file The deadline to submit The deadline for a candidate filing by Organization for completed Voters Pamphlet withdrawing candidacy petition of individual Candidate Committee nominating documents forms and photographs or nomination electors to register (SEL 220) and is no sooner is no later than 5pm is no later than 5pm as nonaffiliated Campaign Account than May 31, 2006, on August 29th for the on September 1 to meet the require- Information form and no later 2006 General Election. for the 2006 General ment that the (SEL 223) for a new than August 29, Election. candidate not be committee must a member of a be filed within 3 busi- major or minor political ness days of receiving a party within contribution or 180 days of the filing making an expenditure, deadline is but no later than March 2, when the Certificate of Nomination by Individual Electors (SEL 114) is filed. Secretary of State The deadline for reviewing the Candidate s Statement for the Voters Pamphlet is no later than 5pm on September 1 for the 2006 General Election. The deadline to contact the candidate on an insufficient Voters Pamphlet filing is no later than 5pm on September 6 for the 2006 General Election. County Elections Officials

17 The deadline to provide corrections on an insufficient Voters Pamphlet filing is no later than 5pm on September 8 for the 2006 General Election. The deadline to file a statement of candidates and measures for the ballot with county elections officials is no later than 5pm on September 7 for the 2006 General Election. The deadline to mail the Voters Pamphlet is no later than 5pm on October 18 for the 2006 General Election. The deadline to certify abstract of votes, prepare and deliver certificates of election and issue a proclamation declaring election of candidates is no later than 5pm on December 7 for the 2006 General Election. The deadline The 2006 to deliver General abstracts Election to is Secretary conducted of on State November is no later than 7, November 27 for the 2006 General Election The deadline to deliver the abstract of votes to the Secretary of State is no later than November 27 for the 2006 General Election.

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19 General Information

20 16 State Candidate s Manual: Individual Electors General Information The following information gives a general overview of other procedures relating to candidates filing for office, including submitting a Voters Pamphlet statement, withdrawal of candidacy, contribution and expenditure reporting, conduct of elections and signature sheet requirements. State Voters Pamphlet (ORS Chapter 251) Any federal or state candidate may file a statement for inclusion in the state Voters Pamphlet. Secretary of State The Elections Division publishes and distributes the state Voters Pamphlet. Published candidate information includes: g candidate s photograph g office for which candidate has filed g candidate s name and party affiliation, if applicable g candidate s required information (occupation, occupational background, educational background and prior governmental experience) Checklist for Filing a Statement in the State Voters Pamphlet Below is a checklist of all the components required to file a state Voters Pamphlet statement: one original and two identical copies (for a total of three) of Candidate s Statement for State Voters Pamphlet (SEL 430) Statement of Endorsement (SEL 400), if the candidate s statement uses the name or title of another person or organization as supporting or endorsing the candidate A separate Statement of Endorsement must be filed for each person or organization named, unless the statement of the person or organization is a quotation, identified by source and date, which has been previously published. phone numbers and fax numbers, if available, for possible contact by the Elections Division for any corrections appropriate Voters Pamphlet filing fee two identical 5 x 7 black and white photographs meeting the requirements listed on form SEL 430 (ORS ) g candidate s optional information (the candidate s statement of the reasons for seeking nomination or election) and g name of the candidate or the candidate committee that provided the information Deadline for Candidates to Submit Voters Pamphlet Forms and Photographs The deadline is no later than 5pm on August 29 for the 2006 General Election. Deadline for the Elections Division to Mail the Voters Pamphlet The mailing of the Voters Pamphlet must be completed no later than October 18 for the 2006 General Election.

21 17 General Information 17 Secretary of State The Elections Division reviews the required information submitted on Candidate s Statement for State Voters Pamphlet (SEL 430), photographs and statements of endorsement for compliance. If any of the reviewed material is insufficient, the Elections Division attempts to contact the candidate regarding the insufficiencies. Federal and State Candidates Upon notification of insufficiencies, the candidate may provide corrections to the Elections Division. If corrections are not received by the 7th business day after the Voters Pamphlet filing deadline, the Elections Division takes the appropriate action pursuant to ORS (5). Withdrawal of Nomination (ORS ) All Candidates To withdraw from nomination, a candidate must file a Withdrawal of Candidacy or Nomination (SEL 150). Deadline for the Elections Division to Complete the Review of the Candidate s Statement for the State Voters Pamphlet The deadline is no later than 5pm on the 3rd business day after the Voters Pamphlet filing deadline; September 1 for the 2006 General Election. Contribution and Expenditure Reporting (ORS Chapter 260) Every candidate and prospective candidate is required to establish a candidate committee by opening a campaign account and filing a Statement of Organization for Candidate Committee (SEL 220) and Campaign Account Information form (SEL 223) within 3 business days of receiving or spending any money to support the candidacy. The candidate is not required to establish a campaign account, file a Statement of Organization or file contribution and expenditure reports, if all three of the following conditions are met: g the candidate serves as the candidate s own treasurer g the candidate does not have an existing candidate committee and g the candidate does not expect to receive or spend more than $300 for the entire election However, if at any time the candidate exceeds $300 in either contributions or expenditures, the candidate must establish a campaign account, file a Statement of Organization and file contribution and expenditure reports. The $300 includes personal funds spent by the candidate or treasurer for campaign-related expenses, such as any costs related to circulating a nominating petition and Voters Pamphlet filing fees. Deadline for the Candidate to Provide Corrections to the Candidate s Statement The deadline is no later than 5pm on the 7th business day after the Voters Pamphlet filing deadline; September 8 for the 2006 General Election. Deadline for the Elections Division to Contact the Candidate Regarding Insufficiencies The deadline is no later than 5pm on the 5th business day after the Voters Pamphlet filing deadline; September 6 for the 2006 General Election. Deadline for Candidates to Withdraw Nomination The deadline is later than 5pm on September 1 for the 2006 General Election.

22 18 State Candidate s Manual: Individual Electors Most candidates for federal office in Oregon file their campaign finance information with the Federal Election Commission ( ). Candidates for United States Senator file their campaign finance information with the Secretary of the Senate ( ) at: Office of Public Records, 232 Hart Senate Office Building, Washington, DC If filing for a new office involves changing filing officers, e.g., county to state, refer to the Changing Office section of the Campaign Finance Manual. All Candidates A candidate or the candidate s treasurer files contribution and expenditure reports for the election. Candidate includes any of the following: g a candidate who files for office g a candidate who withdraws or is disqualified g an individual who files a prospective petition for candidacy, even if signatures are never filed or g an individual who has solicited or received a contribution or made an expenditure to secure the nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot Oregon election law requires all candidates or their candidate committees to submit timely and accurate contribution and expenditure reports. All candidates and committees must maintain detailed records of all contributions received and expenditures made. The statutes on campaign finance establish accounting periods and filing deadlines for contribution and expenditure reports and specify the information that must be included in the reports. In addition, the statutes provide for civil penalties up to $10,000 for filing late or insufficient reports. If a General Election candidate receives contributions or makes expenditures greater than $2,000 before May 16, 2006, the candidate must file contribution and expenditure reports for the 2006 Primary Election. A candidate or committee that does not expect to receive or spend more than $2,000 to support a candidacy may qualify to file a Certificate of Limited Contributions and Expenditures (PC 7). See the Campaign Finance Manual for information on who is eligible to file a certificate (PC 7). The candidate and treasurer are jointly responsible for the committee and for filing the contribution and expenditure reports. If the treasurer violates any campaign finance regulations, the candidate is also in violation. State candidates and committees that receive and expend more than $50,000 in an election must file their detailed reports by electronic transmission. See the Campaign Finance Manual: g to determine when a committee is required to file reports g for the appropriate forms for filing the reports g for instructions on how to complete the contribution and expenditure report forms and g for format requirements for filing reports electronically Conduct of Elections (ORS Chapter 254) Secretary of State The Elections Division prepares and files with county elections officials a statement of candidates and measures for placement on the ballot. County Elections Official County elections officials conduct the election. County elections officials deliver the abstract of votes for federal and state offices to the Elections Division.

23 General Information 19 Secretary of State The Elections Division completes the post-election procedures for federal and state offices. The Elections Division canvasses county abstracts and issues a proclamation declaring results of the election. The Elections Division issues certificates of election or nomination to federal and state candidates. Write-In Post-Election Procedures If any individual is elected by write-in votes: The Elections Division delivers a write-in acceptance form to the individual. The individual must sign and file the write-in acceptance form with the Elections Division. If the individual files the write-in acceptance form, the Elections Division must prepare and deliver a certificate of election to the individual and issue a proclamation of election. Deadline for Elections Division to File a Statement of Candidates and Measures The statement must be filed no later than 5pm on September 7, 2006 for the 2006 General Election. Signature Sheet Requirements (ORS ) All signature sheets must be approved in writing by the Elections Division before circulating. Failure to do so will result in the rejection of those signature sheets. Signature Sheet Requirements Each signature sheet must include all of the following: g candidate s name, office for which the candidate is running and district, department or position number g statement one or more/no petition circulators will be paid g statement that signers on any one signature sheet must be active registered voters from the same county g area for placing the petition identification number g area for placing the signature sheet number g petition circulator s certification stating that each person who signed the petition did Deadline for Elections Division to Complete the Post-Election Procedures The post-election procedures must be completed no later than December 7, 2006, for the 2006 General Election. Deadline for County Elections Officials to Deliver Abstract of Votes County elections officials deliver the abstract of election results for federal and state offices to the Elections Division no later than November 27, 2006, for the 2006 General Election. Deadline to Complete the Post-Election Procedures for Write-in Candidates If applicable, the deadlines for the 2006 General Election are as follows: 1 Elections Division delivers write-in acceptance form to candidate no later than December 7 2 Candidate files write-in acceptance form no later than December 22 3 Elections Division delivers certificate of election and issues a proclamation no later than December 27

24 20 State Candidate s Manual: Individual Electors so in the circulator s presence and the circulator believes each signer is a qualified voter g area for providing date when circulator signed certification g area for placing the county elections official s certification and g ten signature lines unless a variation is approved by the Elections Division Each signature line must include fields for: signature date of signing petition printed name residence or mailing address Signers are required to provide a signature and a residence or mailing address. However, an elector s printed name and date they signed the petition are not mandatory under Oregon law. These information fields, while optional for the signer, provide valuable assistance to county elections officials who perform the signature verification. If these optional fields are not completed, the signatures may still be submitted for signature verification. If the county elections official can determine from the signature alone that the elector was an active registered voter at the time the elector signed the petition, that signature will count toward the total signature requirement for the petition. If no date is provided by the elector, the signature is considered valid only if the county elections official determines that the elector was an active registered voter during the period beginning the date the petition was approved for circulation through the date the petition is filed for signature verification. Warning Circulators are advised to encourage signers to complete the optional information whenever possible. Failure to provide the optional information increases the possibility that the signature cannot be confirmed to be that of an active registered voter, and thus reduces the chances of the petition having adequate verifiable signatures to complete the nominating petition. Signature Sheet Format Individual elector signature sheets must meet the following format requirements: g standard 8 ½ x 11 size paper g at least 20 pound (weight) uncoated paper and g printed on white or pastel colored paper stock to render text readable and enable elections officials to readily verify signatures Size and style of type must be deemed readable and approved in writing by the Elections Division. Warning Logos, slogans, advertisements, party affiliation, etc. or any symbol or language, which may be construed as advocacy is not permitted on any cover or signature sheet. Failure to comply with this requirement will result in rejection of those sheets and disqualification of those signatures. Warning Any proposed variation to an approved signature sheet must be resubmitted and approved in writing by the Elections Division before circulating. Failure to do so will result in the rejection of those signature sheets. Petition Signer Requirements (ORS ) Electors signatures on candidate nominating petitions must be verified by the appropriate county elections official before filing the completed petition with the Elections Division. Signers must meet all of the following requirements: g signers on any one signature sheet must be active registered voters in the same county g each signer must be an active registered voter of the candidate s electoral district at the time of signing the petition and g each signer must provide a signature and a residence or mailing address

25 General Information 21 Circulator Requirements (ORS ) Circulator The circulator of the candidate nominating petition must sign the circulator s certification, stating that: I hereby certify that every person who signed this sheet did so in my presence, and I believe each person is a qualified voter in the State of Oregon. The circulator must complete the date when the certification is signed and should not collect any additional signatures on that sheet after dating the certification. For instructions on certifying new signatures to a petition sheet that has already been certified and dated by a circulator, see OAR (4)(d) on page 32. Warning Violations of the circulator requirements may result in conviction of a felony with a fine of up to $125,000 and/or prison for up to 5 years. Prohibition Against Participating in More Than One Nominating Process An elector may not participate in more than one nominating process for each partisan public office to be filled at the General Election. Partisan public offices to be filled at the 2006 General Election include US Representatives, the Governor, State Senate and State Representative positions and any county and city offices designated as partisan although most are nonpartisan. Administrative rule OAR provides a detailed description of what constitutes participation in a nominating process for purposes of this prohibition. If an elector has returned a partisan ballot at the 2006 Primary Election (Democrat or Republican) the elector may not participate in any of the following processes to nominate minor political party or nonaffiliated candidates to the General Election ballot (regardless of how the elector voted the partisan ballot). If an elector has not returned a partisan ballot at the 2006 Primary Election, the elector may participate in only one of the following processes for each office to be filled at the General Election. ga minor political party s candidate nominating process, which is established in the minor political party s by-laws and is usually by a nominating convention g signing the minutes of an assembly of electors to nominate a nonaffiliated candidate (a candidate not affiliated with any political party) to the General Election (SEL 116) g signing a certificate of nomination by individual electors to nominate a nonaffiliated candidate (a candidate not affiliated with any political party) to the General Election (SEL 122) A violation of this restriction may result in disqualification of the signature on the petition or could affect the process for a candidate s nomination. example 1 Elector A is registered to vote as a member of a major political party and is issued and returns a partisan ballot at the 2006 Primary Election on May 16, On this Primary Election ballot, Elector A votes for most, but not all, of the partisan races listed. In July 2006, Elector A signs a petition to nominate a nonaffiliated candidate for State Representative District 25 to the 2006 General Election. Elector A s signature is not a valid signature and must be disqualified if it is submitted for signature verification. Elector A s signature on this petition must be disqualified since, by voting a partisan ballot for the 2006 Primary Election, Elector A is deemed to have already participated in a nominating process for all partisan offices for the 2006 General Election. Also see example 2 on the next page.

26 22 State Candidate s Manual: Individual Electors example 2 Elector B is registered to vote as not affiliated with any political party and is issued and returns a nonpartisan ballot at the 2006 Primary Election on May 16, On June 24, 2006, Elector B signs a petition to nominate Candidate X, a nonaffiliated candidate for State Representative District 25, to the 2006 General Election. Since Elector B has not yet participated in any nominating process for a partisan office for this election, Elector B s signature is a valid signature on this individual electors signature sheet when it is submitted for signature verification. The completed petition is filed for signature verification on June 29, In addition, on July 8, 2006, Elector B attends a nominating convention and signs an assembly of electors signature sheet for a nonaffiliated candidate for the office of Governor. Again, Elector B s signature is a valid signature on this assembly of electors signature sheet if it is submitted for signature verification. This is because it can be determined that Elector B did not previously participate in a nominating process for this particular partisan office for the 2006 General Election. However, at this same event on July 8, 2006, Elector B also signs a different assembly of electors signature sheet for Candidate Y, a nonaffiliated candidate for State Representative District 25. Since Elector B previously signed an individual electors signature sheet to nominate Candidate X to this same office and that petition was submitted for signature verification on June 29, 2006, Elector B has already participated in the nominating process for this particular partisan office of State Representative District 25 to be filled at the 2006 General Election. Therefore, Elector B s signature is not a valid signature on the assembly of electors signature sheet for Candidate Y for this particular office and must be disqualified if it is submitted for signature verification. Certification of Signature Sheets (OAR ) While processing signature sheets submitted for verification the Elections Division and county elections officials confirm that each signature sheet has a sufficient circulator certification. The following criteria (as adopted in OAR ; see pages 32 33) are used to determine what constitutes an insufficient or sufficient circulator certification. Insufficient Circulator Certification A petition sheet will be rejected for insufficient circulator certification for any of the following reasons: g no signature whatsoever appears below the certification g no date appears next to circulator s signature or the date is crossed out g the date of the circulator certification is earlier than the date of the electors signatures, unless the circulator and the only signer are the same person g the original date is crossed out, and a new date is provided, but the circulator failed to re-sign g any part of the original date is overwritten with a different date g the date information is insufficient or ambiguous The date must be provided in month, day, year order if written in all numeric characters. g the original signature of a circulator has been crossed out, and a different circulator s signature is inserted g two individuals sign and date as circulator, unless the only signers and the circulators are the same people g white-out appears on the signature or date line g the circulator has signed using only initials, unless the circulator s use of initials as a signature is verified by exemplar g the circulator has signed using a signature stamp, unless use of a signature stamp has been approved under ORS

27 General Information 23 g the circulator s signature is photocopied, carboncopied, or otherwise appears on the face of the document to be a replicated and not an original signature except as provided for in ORS g the signature, printed name, and address are all illegible g the signature alone is illegible, unless the circulator s use of the apparently illegible signature is verified by exemplar g the circulator s signature is in printed script rather than cursive script, unless the circulator s use of a printed signature is verified by exemplar Signature Requirements (ORS ) For any office, the number of verified signatures required to place a candidate on the ballot by individual electors is 1% of votes cast in the electoral district for which the nomination is intended, for all candidates for presidential electors at the last presidential election (which was in 2004). The number of valid signatures needed for a statewide office is 18,368. or g if for any other reason, from the face of the signature sheet, the circulator s identity cannot be determined or it otherwise cannot be determined that the circulator executed the certification after witnessing the electors signatures If a preliminary determination is made that a certification is insufficient, the certification signature may be verified by exemplar. For correct procedures on filing an exemplar, refer to OAR located on pages Sufficient Circulator Certification The following defects in the circulator certification will not result in rejection of the signature sheet: g the circulator s signature appears on the printed name line instead of on the signature line g signature consists of full last name and at least the first name initial g the circulator has signed and dated the certification, but has not provided an address or printed name or g the circulator has re-signed and re-dated the certification and the circulator s original signature has not been crossed out

28

29 Definitions

30 26 State Candidate s Manual: Individual Electors Definitions As used in state election manuals, unless the context requires otherwise, the following terms mean: Act A bill that has been passed by both houses of the legislature and has either been signed by the Governor, or not vetoed by the Governor within the time provided for the Governor to veto or sign the bill. A bill becomes an Act when it has been signed by the Governor or has become law without the Governor s signature. Appropriate Elections Filing Officer/Official The person with whom the candidate or political committee files the appropriate forms: g State Candidate or Measure Elections Division, Secretary of State s Office g County Candidate or Measure County Elections Official g City Candidate or Measure City Recorder/Auditor g District Candidate or Measure County Elections Official. (For a district located in more than one county, the County Elections Official of the county in which the administrative office of the district is located.) As of January 1, 2007, most county and city candidates will file their Statement of Organization and contribution and expenditure reports with the Secretary of State, unless the county or city designates itself to remain the filing officer. Check with the Secretary of State Elections Division, county or city after January 1, Assembly of Electors A gathering of registered voters in one place at one time to nominate candidates to partisan office. Business Days Regular work days (calendar days excluding weekends and legal holidays as provided in ORS and ) Candidate An individual whose name is printed or expected to be printed on the ballot, an individual who campaigns for write-in votes, or an individual who collects or spends money to secure nomination or election to office at any time, even if the specific office is not indicated and the candidate s name does not appear on a ballot. Candidate for purposes of ORS chapter 260 does not include a candidate for precinct committee person. Candidate Committee A political committee formed by an individual running for public office. Chief Petitioner The individual responsible for the preparation and organization of an initiative, recall or referendum petition. No more than three persons may be designated as chief petitioners for any one initiative or referendum petition. For a recall petition, there is only one chief petitioner. Chief Petitioner Committee A committee formed by the chief petitioners of a state initiative or referendum petition or any recall petition. A chief petitioner committee may be designated to support only one state initiative, state referendum, or recall petition. The treasurer shall keep accounts and file reports for that single and distinct committee separate from any other chief petitioner committee or any political committee. A chief petitioner committee is not a political committee. Circulator Any person who carries cover and signatures sheets to obtain and witness the collection of signatures. City Offices The elected public offices of a city which may be voted on only by the registered voters of the city. City offices typically include a Mayor, four City Councilors, a municipal Judge and other officers the city council considers necessary for the conduct of business. (The offices may vary depending upon the city s charter and ordinances. Contact the city elections filing officer for any questions regarding city offices.)

31 Definitions 27 Committee A political committee or a chief petitioner committee. Committee Director Any person who directly and substantially participates in decision-making on behalf of a political committee concerning the solicitation or expenditure of funds and the support of or opposition to candidates or measures. The officers of a political party are considered the directors of any political party committee of that party, unless otherwise provided in the party s bylaws. Committee Identification Number The six-digit number assigned to Oregon committees registered with the Elections Division. Completed Petition A completed petition is either of the following: gthe prospective initiative or referendum petition where the chief petitioners have submitted 100% of the signatures required for verification ga candidate petition containing 100% of the certified signatures necessary to obtain ballot access County Offices The elected public offices of a county which may be voted on only by the registered voters of the county. County offices typically include County Commissioners, County Assessor, County Clerk, County Sheriff, County Surveyor and County Treasurer. The offices may vary depending upon the county s charter and ordinances. Contact the county elections filing officer for any questions regarding county offices. District Offices The elected public offices of a special district (such as a school or water district) which may be voted on only by the registered voters of the special district. District offices typically include a board of directors. The offices may vary depending upon the district s statutory requirements. Contact the county elections filing officer for any questions about district offices. Electoral District An area within the state, county, city or district that is designated to be governed or represented by a particular elected public office. Electors Active registered voters in the State of Oregon. Federal Offices President, Vice President, United States Senator or United States Representative. Filing Officer See Appropriate Elections Filing Officer/Official. Initiative Petition An initiative petition, including complete text, cover and signature sheet, which has received written approval to circulate from the filing officer but has not yet qualified for the ballot. Local Office or Measure Any office or measure to be voted upon by the registered voters of a county, city or special district. Measure Includes any of the following submitted to the people for their approval or rejection at an election: g an Act or part of an Act of the Legislative Assembly g a county, city or special district legislation g a proposed law g a proposition or question g a proposed revision or amendment to the Oregon Constitution Measure Committee A political committee organized exclusively to support or oppose one or more measures certified to a ballot in Oregon. Nonaffiliated Candidate A candidate filing for a partisan office by Assembly of Electors or Individual Electors. A nonaffiliated candidate cannot have been a member of any political party during the last 180 days before the deadline for filing the certificate of nomination.

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