Permits local elections officials not to take certain actions on a petition or prospective petition for an initiative or referendum if the petition is filed between the 75th day prior to and the 35th day following an election in either May or November.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3384
Sponsored by COMMITTEE ON RULES (at the request of Oregon Association of County Clerks)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act allows local elections chiefs not to act on IM petitions that are filed during a
specified time. (Flesch Readability Score: 67.3).
Permits local elections officials not to take certain actions on a petition or prospective petition
for an initiative or referendum if the petition is filed between the 75th day prior to and the 35th day
following an election in either May or November.
A BILL FOR AN ACT
Relating to filing petitions for initiatives and referenda; amending ORS 250.168, 250.175, 250.215,
250.270, 250.275, 250.315, 255.140, 255.145 and 255.175.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 250.168 is amended to read:
250.168. (1)(a) Except as provided in paragraph (b) of this subsection, not later than the fifth
business day after receiving a prospective petition for an initiative measure, the county clerk shall
determine in writing whether the initiative measure meets the requirements of section 1 (2)(d), Ar-
ticle IV, and section 10, Article VI of the Oregon Constitution.
(b) For any prospective petition that is received by the county clerk between the 75th day
prior to and the 35th day following an election in either May or November, the county clerk
shall make the determination described under paragraph (a) of this subsection not later than
the 40th day following the election.
(2) If the county clerk determines that the initiative measure meets the requirements of section
1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the clerk shall proceed
as required in ORS 250.175. The clerk shall include in the publication required under ORS 250.175
(5) a statement that the initiative measure has been determined to meet the requirements of section
1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution.
(3) If the county clerk determines that the initiative measure does not meet the requirements
of section 1 (2)(d), Article IV, and section 10, Article VI of the Oregon Constitution, the clerk shall
immediately notify the petitioner, in writing by certified mail, return receipt requested, of the de-
termination.
(4) Any elector dissatisfied with a determination of the county clerk under subsection (1) of this
section may petition the circuit court of the judicial district in which the county is located seeking
to overturn the determination of the clerk. If the elector is dissatisfied with a determination that
the initiative measure meets the requirements of section 1 (2)(d), Article IV, and section 10, Article
VI of the Oregon Constitution, the petition must be filed not later than the seventh business day
after the ballot title is filed with the clerk. If the elector is dissatisfied with a determination that
the initiative measure does not meet the requirements of section 1 (2)(d), Article IV, and section 10,
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2020
HB 3384
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Article VI of the Oregon Constitution, the petition must be filed not later than the seventh business
day after the written determination is made by the clerk.
(5) The review by the circuit court shall be the first and final review, and shall be conducted
expeditiously to ensure the orderly and timely circulation of the petition.
SECTION 2.
ORS 250.175 is amended to read:
250.175. (1)(a) When a prospective petition for a county measure to be referred is filed with the
county clerk, the clerk shall authorize the circulation of the petition containing the title of the
measure as enacted by the county governing body or, if there is no title, the title supplied by the
petitioner filing the prospective petition. Except as provided in paragraph (b) of this subsection,
the county clerk immediately shall send one copy of the prospective petition to the district attorney.
(b) For any prospective petition that is filed with the county clerk between the 75th day
prior to and the 35th day following an election in either May or November, the county clerk
immediately shall send one copy of the prospective petition to the district attorney following
the period described in this paragraph.
(2)(a) Except as provided in paragraph (b) of this subsection, not later than the sixth busi-
ness day after a prospective petition for a county measure to be initiated is filed with the county
clerk, the clerk shall send one copy of [ it] the prospective petition to the district attorney if the
measure to be initiated has been determined to be in compliance with section 1 (2)(d), Article IV,
and section 10, Article VI of the Oregon Constitution, as provided in ORS 250.168.
(b) For any prospective petition that is filed with the county clerk between the 75th day
prior to and the 35th day following an election in either May or November, the county clerk
shall send one copy of the prospective petition to the district attorney not later than the
sixth business day following the period described in this paragraph if the county clerk de-
termines that the measure to be initiated is in compliance with the requirements set forth
in paragraph (a) of this subsection.
(3)(a) Not later than the fifth business day after receiving the copy of the prospective petition,
and notwithstanding ORS 203.145 (3), the district attorney shall prepare a ballot title for the county
measure to be initiated or referred and certify the ballot title to the county clerk.
(b) If the district attorney determines that a ballot title certified under this subsection contains
a clerical error, the district attorney may correct the error and certify to the county clerk a cor-
rected ballot title not later than the 10th business day after the date the ballot title was certified.
(c) A copy of the ballot title shall be furnished to the chief petitioner.
(4) Unless the circuit court certifies a different ballot title, the latest ballot title certified by the
district attorney under subsection (3) of this section is the title to be printed on the ballot.
(5)(a) The county clerk, upon receiving a ballot title for a county measure to be referred or in-
itiated from the district attorney or the county governing body, shall publish in the next available
edition of a newspaper of general circulation in the county a notice of receipt of the ballot title
including notice that an elector may file a petition for review of the ballot title not later than the
date referred to in ORS 250.195.
(b) In addition to publishing a notice as described in paragraph (a) of this subsection, the county
clerk may publish a notice on the county’s website for a minimum of seven days.
(6) As used in this section, “clerical error” means a typographical, arithmetical or grammatical
error or omission that is evident from the text of the certified ballot title or by comparison of the
text of the ballot title with a written explanation that was provided by the district attorney and
issued concurrently with the certified ballot title.
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SECTION 3.
ORS 250.215 is amended to read:
250.215. (1) An initiative or referendum petition relating to a county measure shall be filed with
the county clerk for signature verification. The filed petition shall contain only original signatures.
(2) An initiative or referendum petition relating to a county measure [ shall] may not be ac-
cepted for filing if [ it] the petition:
(a) Contains less than 100 percent of the required number of signatures ; or
(b) Is filed between the 75th day prior to and the 35th day following an election in either
May or November .
(3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by
rule shall designate a statistical sampling technique to verify whether a petition contains the re-
quired number of signatures of electors. A petition may not be rejected for the reason that it con-
tains less than the required number of signatures unless two separate sampling processes both
establish that the petition lacks the required number of signatures. The second sampling must con-
tain a larger number of signatures than the first sampling.
(4) The Secretary of State may employ professional assistance to determine the sampling tech-
nique referred to in subsection (3) of this section.
SECTION 4.
ORS 250.270 is amended to read:
250.270. (1)(a) Except as provided in paragraph (b) of this subsection, not later than the fifth
business day after receiving a prospective petition for an initiative measure, the city elections offi-
cer shall determine in writing whether the initiative measure meets the requirements of section 1
(2)(d) and (5), Article IV of the Oregon Constitution.
(b) For any prospective petition that is received by the city elections officer between the
75th day prior to and the 35th day following an election in either May or November, the city
elections officer shall make the determination described under paragraph (a) of this sub-
section not later than the 40th day following the election.
(2) If the city elections officer determines that the initiative measure meets the requirements
of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the city elections officer shall
proceed as required in ORS 250.275. The city elections officer shall include in the publication re-
quired under ORS 250.275 (5) a statement that the initiative measure has been determined to meet
the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.
(3) If the city elections officer determines that the initiative measure does not meet the re-
quirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the city elections officer
shall immediately notify the petitioner, in writing by certified mail, return receipt requested, of the
determination.
(4) Any elector dissatisfied with a determination of the city elections officer under subsection
(1) of this section may petition the circuit court of the judicial district in which the city is located
seeking to overturn the determination of the city elections officer. If the elector is dissatisfied with
a determination that the initiative measure meets the requirements of section 1 (2)(d) and (5), Article
IV of the Oregon Constitution, the petition must be filed not later than the seventh business day
after the ballot title is filed with the city elections officer. If the elector is dissatisfied with a de-
termination that the initiative measure does not meet the requirements of section 1 (2)(d) and (5),
Article IV of the Oregon Constitution, the petition must be filed not later than the seventh business
day after the written determination is made by the city elections officer.
(5) The review by the circuit court shall be the first and final review, and shall be conducted
expeditiously to ensure the orderly and timely circulation of the petition.
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SECTION 5.
ORS 250.275 is amended to read:
250.275. (1)(a) When a prospective petition for a city measure to be referred is filed with the
city elections officer, the officer shall authorize the circulation of the petition containing the title
of the measure as enacted by the city governing body or, if there is no title, the title supplied by
the petitioner filing the prospective petition. Except as provided in paragraph (b) of this sub-
section, the city elections officer immediately shall send one copy of the prospective petition to the
city attorney.
(b) For any prospective petition that is filed with the city elections officer between the
75th day prior to and the 35th day following an election in either May or November, the city
elections officer immediately shall send one copy of the prospective petition to the city at-
torney following the period described in this paragraph.
(2)(a) Except as provided in paragraph (b) of this subsection, not later than the sixth busi-
ness day after a prospective petition for a city measure to be initiated is filed with the city elections
officer, the officer shall send one copy of [ it] the prospective petition to the city attorney if the
measure to be initiated has been determined to be in compliance with section 1 (2)(d) and (5), Article
IV of the Oregon Constitution, as provided in ORS 250.270.
(b) For any prospective petition that is filed with the city elections officer between the
75th day prior to and the 35th day following an election in either May or November, the city
elections officer shall send one copy of the prospective petition to the city attorney not later
than the sixth business day following the period described in this paragraph if the officer
determines that the measure to be initiated is in compliance with the requirements set forth
in paragraph (a) of this subsection.
(3)(a) Not later than the fifth business day after receiving the copy of the prospective petition,
the city attorney shall provide a ballot title for the city measure to be initiated or referred and
certify the ballot title to the city elections officer.
(b) If the city attorney determines that a ballot title certified under this subsection contains a
clerical error, the city attorney may correct the error and certify to the city elections officer a
corrected ballot title not later than the 10th business day after the date the ballot title was certified.
(c) A copy of the ballot title shall be furnished to the chief petitioner.
(4) Unless the circuit court certifies a different ballot title, the latest ballot title certified by the
city attorney under subsection (3) of this section is the title to be printed on the ballot.
(5)(a) The city elections officer, upon receiving a ballot title for a city measure to be referred
or initiated from the city attorney or city governing body, shall publish in the next available edition
of a newspaper of general distribution in the city a notice of receipt of the ballot title including
notice that an elector may file a petition for review of the ballot title not later than the date re-
ferred to in ORS 250.296.
(b) In addition to publishing a notice as described in paragraph (a) of this subsection, the city
elections officer may publish a notice on the city’s website for a minimum of seven days.
(6) As used in this section, “clerical error” means a typographical, arithmetical or grammatical
error or omission that is evident from the text of the certified ballot title or by comparison of the
text of the ballot title with a written explanation that was provided by the city attorney and issued
concurrently with the certified ballot title.
SECTION 6.
ORS 250.315 is amended to read:
250.315. (1) An initiative or referendum petition relating to a city measure shall be filed with
the city elections officer for signature verification. The filed petition shall contain only original
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signatures.
(2) An initiative or referendum petition relating to a city measure shall not be accepted for filing
if [ it] the petition:
(a) Contains less than 100 percent of the required number of signatures ; or
(b) Is filed between the 75th day prior to and the 35th day following an election in either
May or November .
(3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by
rule shall designate a statistical sampling technique to verify whether a petition contains the re-
quired number of signatures of electors. A petition may not be rejected for the reason that it con-
tains less than the required number of signatures unless two separate sampling processes both
establish that the petition lacks the required number of signatures. The second sampling must con-
tain a larger number of signatures than the first sampling.
(4) The Secretary of State may employ professional assistance to determine the sampling tech-
nique referred to in subsection (3) of this section.
SECTION 7.
ORS 255.140 is amended to read:
255.140. (1)(a) Except as provided in paragraph (b) of this subsection, not later than the fifth
business day after receiving a prospective petition for an initiative measure, the elections officer
shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d)
and (5), Article IV of the Oregon Constitution.
(b) For any prospective petition that is received by the elections officer between the 75th
day prior to and the 35th day following an election in either May or November, the elections
officer shall make the determination described under paragraph (a) of this subsection not
later than the 40th day following the election.
(2) If the elections officer determines that the initiative measure meets the requirements of
section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections officer shall proceed as
required in ORS 255.145. The elections officer shall include in the publication required under ORS
255.145 (5) a statement that the initiative measure has been determined to meet the requirements
of section 1 (2)(d) and (5), Article IV of the Oregon Constitution.
(3) If the elections officer determines that the initiative measure does not meet the requirements
of section 1 (2)(d) and (5), Article IV of the Oregon Constitution, the elections officer shall imme-
diately notify the petitioner, in writing by certified mail, return receipt requested, of the determi-
nation.
(4) Any elector dissatisfied with a determination of the elections officer under subsection (1) of
this section may petition the circuit court of the judicial district in which the administrative office
of the district is located seeking to overturn the determination of the elections officer. If the elector
is dissatisfied with a determination that the initiative measure meets the requirements of section 1
(2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the
seventh business day after the ballot title is filed with the elections officer. If the elector is dissat-
isfied with a determination that the initiative measure does not meet the requirements of section 1
(2)(d) and (5), Article IV of the Oregon Constitution, the petition must be filed not later than the
seventh business day after the written determination is made by the elections officer.
(5) The review by the circuit court shall be the first and final review, and shall be conducted
expeditiously to ensure the orderly and timely circulation of the petition.
SECTION 8. ORS 255.145 is amended to read:
255.145. (1)(a) When a prospective petition for a district measure to be referred is filed with the
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elections officer, the officer shall authorize the circulation of the petition containing the title of the
measure as enacted by the district elections authority or, if there is no title, the title supplied by
the petitioner filing the prospective petition. Except as provided in paragraph (b) of this sub-
section, the elections officer immediately shall send one copy of the prospective petition to the
district attorney of the county in which the administrative office of the district is located.
(b) For any prospective petition that is filed with the elections officer between the 75th
day prior to and the 35th day following an election in either May or November, the elections
officer immediately shall send one copy of the prospective petition to the district attorney
in accordance with paragraph (a) of this subsection following the period described in this
paragraph.
(2)(a) Except as provided in paragraph (b) of this subsection, not later than the sixth busi-
ness day after a prospective petition for a district measure to be initiated is filed with the elections
officer, the officer shall send one copy of it to the district attorney of the county in which the ad-
ministrative office of the district is located if the measure to be initiated has been determined to
be in compliance with section 1 (2)(d) and (5), Article IV of the Oregon Constitution, as provided in
ORS 255.140.
(b) For any prospective petition that is filed with the elections officer between the 75th
day prior to and the 35th day following an election in either May or November, the elections
officer shall send one copy of the prospective petition to the district attorney not later than
the sixth business day following the period described in this paragraph if the officer deter-
mines that the measure to be initiated is in compliance with the requirements set forth in
paragraph (a) of this subsection.
(3)(a) Not later than the fifth business day after receiving the copy of the prospective petition,
the district attorney shall provide a ballot title for the district measure to be initiated or referred
and send one copy of the ballot title to the elections officer. Unless the circuit court certifies a
different title, or the district attorney determines that a clerical correction is necessary, this ballot
title shall be the title printed on the ballot.
(b) As used in this subsection, “clerical correction” means a typographical, arithmetical or
grammatical correction that is evident from the text of the draft or certified ballot title.
(4) A copy of the ballot title shall be furnished to the chief petitioner.
(5)(a) The elections officer, upon receiving a ballot title for a district measure to be referred or
initiated from the district attorney, shall publish in the next available edition of a newspaper of
general circulation in the district a notice of receipt of the ballot title including notice that an
elector may file a petition for review of the ballot title not later than the date referred to in ORS
255.155.
(b) In addition to publishing a notice as described in paragraph (a) of this subsection, the
elections officer may publish a notice on the county’s website for a minimum of seven days.
SECTION 9.
ORS 255.175 is amended to read:
255.175. (1) An initiative or referendum petition relating to a district measure shall be filed with
the elections officer for signature verification. The filed petition shall contain only original signa-
tures.
(2) An initiative or referendum petition relating to a district measure shall not be accepted for
filing if [ it] the petition:
(a) Contains less than 100 percent of the required number of signatures ; or
(b) Is filed between the 75th day prior to and the 35th day following an election in either
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May or November .
(3) For any petition requiring a number of signatures exceeding 4,500, the Secretary of State by
rule shall designate a statistical sampling technique to verify whether a petition contains the re-
quired number of signatures of electors. A petition may not be rejected for the reason that it con-
tains less than the required number of signatures unless two separate sampling processes both
establish that the petition lacks the required number of signatures. The second sampling must con-
tain a larger number of signatures than the first sampling.
(4) The Secretary of State may employ professional assistance to determine the sampling tech-
nique referred to in subsection (3) of this section.
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