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Oregon Library Laws - Revised Statutes - Elections: Generally
Oregon Revised Statutes
Chapter 255 - Special District Elections
 
GENERAL PROVISIONS
 
255.005 Definitions. As used in this chapter:
(1) "County clerk" means the county clerk or the county official in charge of elections.
 
(2) "District board" means the governing body of a district.
 
(3) "District election" means any election authorized or required to be held by a district.
 
(4) "District elections authority" means the county court or board of county commissioners, district board or other body or officer authorized or required to call a district election.
 
(5) "Elections officer" means the:
(a) County clerk of the county in which the administrative office of the district is located regarding a measure, or a candidate for an office, to be voted on in a district located in more than one county.
 
(b) County clerk regarding a measure, or a candidate for an office, to be voted on in a district situated wholly within the county.
(6) "Elector" means an individual qualified to vote under section 2, Article II, Oregon Constitution.
 
(7) "Measure" includes any of the following submitted to the people for their approval or rejection at an election:
(a) A proposed law.
 
(b) An Act or part of an Act of the Legislative Assembly.
 
(c) A revision of or amendment to the Oregon Constitution.
 
(d) Local, special or municipal legislation.
 
(e) A proposition or question.
(8) "Regular district election" means the election held each year for the purpose of electing members of any district board as defined in subsection (2) of this section.
 
(9) "School district" means a common school district, a union high school district, an education service district or a community college district.
255.012 "District" defined. As used in this chapter, "district" means:
. . . .
 
(8) A library district organized under ORS 357.216 to 357.286.
 
. . . .
 
(16) A county service district organized under ORS chapter 451.
 
. . . .
255.022 Procedures for district elections; metropolitan service district candidates.
(1) Except as otherwise specifically provided in this section or by the law under which the district is formed or is operating, a district election shall be conducted in accordance with this chapter.
 
(2) Except as otherwise provided by this chapter, district elections shall be subject to the election laws, excluding ORS chapter 251 providing for voters' pamphlets unless specifically applicable, and shall be conducted as nearly as practicable as are general elections.
 
(3) Except as otherwise provided by the law under which the district is formed or is operating, candidates for any elected office of a metropolitan service district organized under ORS chapter 268 shall be nominated and elected in accordance with ORS chapter 249.
255.035 Authority of elections officer to obtain advice and assistance. In performing functions under this chapter, the elections officer may request the advice and assistance of the district elections authority or the officers of the district. Upon receipt of a request, a district elections authority or the officer of a district shall furnish advice and assistance to the maximum extent practicable.
 
255.045 Notice of change of district boundary. If the boundary of a district is changed, the district board immediately shall send a certified copy of the order, resolution or other action changing the boundary to the elections officer.
 
255.055 Delegation to district elections authority of responsibility to conduct district election. The elections officer may delegate to the district elections authority at the request of the district elections authority any responsibility to conduct the district election, in whole or in part, except the designation of polling places, if the elections officer determines that:
(1) The election will be conducted in accordance with this chapter;
 
(2) The polling places designated by the elections officer for the election will be the only polling places used by the district for that election; and
 
(3) No inconvenience for electors of the district will result.
255.062 Date of election on measure referred by district elections authority. Unless specifically provided otherwise, when the district elections authority of a district that holds regular district elections refers a measure to the electors of the district, the election on the measure shall be held on a district election date specified by the district elections authority in the order calling the election. The election date may not be sooner than the first available election date in ORS 255.345 (1) for which the filing deadline can be met after the date of the order calling the election and may not be later than the next regular district election following the 61st day after the date of the order.
 
255.069 Delivery and preparation of form for updating information on members of district boards; rules.
(1) Not later than the 115th day before a regular district election, or not later than the 135th day before a district election held on the date of a primary election or general election, the elections officer shall deliver to each district elections authority, by certified mail, a form for updating information on members of district boards. The form shall include, at a minimum, the district offices to be filled or for which candidates are to be nominated or elected at the next district election and information concerning the candidates.
 
(2) Not later than the 105th day before a regular district election or not later than the 125th day before a district election held on the date of a primary election or general election, the district elections authority shall return to the elections officer the form for updating information on members of district boards.
 
(3) The elections officer shall prepare the notice required by ORS 255.075 by using the form completed by the district elections authority and any other information available. If the form is not returned by the district elections authority by the deadline specified in subsection (2) of this section, the elections officer shall prepare the notice for the district using the most current information available. If the form is returned by the district elections authority after the deadline, the elections officer shall prepare a corrected notice. The district shall be liable for any additional costs incurred in preparing and publishing a corrected notice.
 
(4) The elections officer shall retain the completed forms in a file maintained for that purpose. All forms shall be kept for a period of at least four years after the district election for which the form was completed.
 
(5) If a district is located in more than one county, the elections officer shall immediately certify the information contained on the form required under subsection (2) of this section to the county clerk of any other county in which the district is located.
 
(6) The Secretary of State by rule shall establish the forms and procedures the elections officer and the district elections authority shall use in maintaining adequate records for preparation of the form required under subsection (1) of this section.
255.075 Publication of notice of district election to elect district board or district school board; notice by mail; rules.
(1) When a district election is to be held for the purpose of electing members of the district board, the elections officer shall publish a notice stating the date of the election, the board positions to be voted upon and the latest date on which candidates for election as board members may file petitions for nomination or declarations of candidacy. The notice shall be printed once in a newspaper of general circulation in the district not later than the 40th day before the last day for filing a petition for nomination or declaration of candidacy.
 
(2) In lieu of or in addition to publication of notice under subsection (1) of this section, the elections officer may give notice by mail to each elector of the district. The notice shall have postage prepaid and shall be considered given when mailed. The notice shall be made not later than the 40th day before the last day for filing a petition for nomination or declaration of candidacy. Proof of mailing shall be by affidavit of the district elections officer who mailed the notice. The affidavit shall state the time and place the notice was mailed.
 
(3) The Secretary of State by rule shall establish the procedures that the elections officer shall follow in maintaining adequate records for preparation of the notice required under subsection (1) of this section.
255.085 Notice of district election on issuance of bonds or on other measure.
(1) Not later than the 61st day before a district election on a measure, the district elections authority shall deliver to the elections officer a notice stating the date of the election and a ballot title. The district elections authority shall prepare the ballot title for a measure referred by the authority with the assistance of the district attorney for the county of the elections officer or an attorney employed by the district elections authority.
 
(2) If a district submits a measure to the electors of the district at an election held on the first Tuesday after the first Monday in November and the district submitted a measure on the election date in ORS 255.345 (1) immediately preceding the date of an election held on the first Tuesday after the first Monday in November, the district elections authority shall file the measure for the election held on the first Tuesday after the first Monday in November with the elections officer not later than the 47th day before an election held on the first Tuesday after the first Monday in November.
 
(3) A notice of election called to approve the issuance of bonds shall include:
(a) The purpose for which the bonds are to be used;
 
(b) The amount and the term of the bonds;
 
(c) The kind of bonds proposed to be issued; and
 
(d) If the bond election is authorized by ORS 450.900, the additional notice requirements in ORS 450.905.
(4)
(a) In the case of a measure submitted by initiative or referendum petition, the elections officer shall publish the notice in the next available edition of a newspaper of general circulation in the district after the deadline for filing the notice.
 
(b) In the case of a measure referred by the district elections authority, the elections officer shall publish the notice of election in the next available edition of a newspaper of general circulation in the district after the notice of election is filed. The notice shall also state that an elector may file a petition for review of the ballot title not later than the date referred to in ORS 255.155. If the circuit court certifies a different ballot title, the elections officer shall publish an amended notice of election in the next available edition of the newspaper referred to in this subsection after the new title is certified to the elections officer.
255.095 Publication of election notice and facsimile of sample ballot for polling place elections; rules. If the election is conducted at polling places:
(1) Notice of any district election shall be published once in a newspaper of general circulation in the district.
 
(2) Not later than the day of the election nor sooner than the 15th day before the election, the elections officer shall publish a facsimile, except as to size, of the sample ballot, a list of the polling places and the hours the polls are to be open. The information shall be published once in the newspaper in which the notice was published under subsection (1) of this section, at the current published local display advertising rate.
 
(3) The Secretary of State by rule may establish the procedure for preparing election notices for publication in a newspaper.