Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 249.740

Certificates of nomination made by individual electors; statement regarding payment of petition circulators; certification of signature sheets

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      249.740 Certificates of nomination made by individual electors; statement regarding payment of petition circulators; certification of signature sheets. (1)(a) A certificate of nomination made by individual electors shall contain a number of signatures of electors in the electoral district equal to not less than one percent of the total votes cast in the electoral district for which the nomination is intended to be made, for all candidates for presidential electors at the most recent presidential election.

      (b) For all elections beginning with the election next following any change in the boundaries of an electoral district and ending with the presidential election next following any change in the boundaries of the electoral district, a certificate of nomination made by individual electors shall contain a number of signatures of electors equal to not less than one percent of the average number of votes cast in all of the same form of electoral districts in this state for all candidates for presidential electors at the most recent presidential election.

      (2) Each elector signing a certificate of nomination made by individual electors shall include the residence or mailing address of the elector. Except for a certificate of nomination of candidates for electors of President and Vice President of the United States, a certificate of nomination made by individual electors shall contain the name of only one candidate.

      (3) Before beginning to circulate the certificate of nomination, the chief sponsor of the certificate shall file a signed copy of the prospective certificate with the filing officer referred to in ORS 249.722. The chief sponsor of the certificate shall include with the prospective certificate a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the certificate. After the prospective certificate is filed, the chief sponsor shall notify the filing officer not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that:

      (a) Any person is being paid for obtaining signatures, when the statement included with the prospective certificate declared that no such person would be paid.

      (b) No person is being paid for obtaining signatures, when the statement included with the prospective certificate declared that one or more such persons would be paid.

      (4) The circulator shall certify on each signature sheet that the circulator:

      (a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and

      (b) Believes each individual is an elector registered in the electoral district.

      (5) The signatures contained in each certificate of nomination made by individual electors shall be certified for genuineness by the county clerk or the Secretary of State under ORS 249.008.

      (6) As used in this section, “prospective certificate” means the information, except signatures and other identification of certificate signers, required to be contained in a completed certificate of nomination. [Amended by 1955 c.169 §5; 1957 c.608 §112; 1971 c.152 §1; 1977 c.829 §10; 1979 c.190 §131; 1983 c.756 §7; 1993 c.493 §11; 1993 c.797 §15; 1999 c.318 §25; 2005 c.797 §61; 2007 c.848 §24; 2017 c.749 §47; 2021 c.473 §7; 2023 c.600 §26]

 

      249.750 [Amended by 1957 c.608 §113; 1979 c.190 §100; renumbered 249.013]

 

      249.760 [Amended by 1979 c.190 §126; renumbered 249.712]

 

      249.770 [Amended by 1957 c.608 §114; 1971 c.749 §79; 1977 c.324 §4; repealed by 1979 c.190 §431]

 

      249.780 [Amended by 1957 c.608 §115; 1961 c.49 §2; 1971 c.749 §80; 1977 c.324 §5; repealed by 1979 c.190 §431]

 

      249.790 [Amended by 1977 c.829 §11; repealed by 1979 c.190 §431]

 

(Register of Nominations)

Notes of Decisions
Cited in 4 cases, 1987–2006 · leading case: Kucera v. Bradbury
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Kucera v. Bradbury (2004) or · cites it 14× “ORS 249.740 describes the procedure for nomination of candidates by individual electors: “(1) A certificate of nomination made by individual electors shall contain a number of signatures of electors in the electoral district equal to not less than one percent of the total votes…”
Montanans for Justice: Vote No on CI-98 Not in Montana: Citizens Against CI-97 & Property Owners Against I-154 v. State (2006) mont “They also maintain that Montana law has a lax standard for signature gatherer certification, vis-a-vis other states, as it does not expressly require the gatherer to attest that the signatures were received in his or her presence. Compare Oregon’s statute, for example-“The…”
Libertarian Party of Oregon v. Roberts (1988) or · cites it 2× “ORS 249.740(1). For example, in the 1984 presidential election, 1,226,527 votes were cast in Oregon for presidential electors.”
Libertarian Party v. Roberts (1987) orctapp · cites it 4× “ORS 249.740(1) (a) addresses the very different matter of the necessary manifestation of support for a particular unaligned candidate for a particular statewide office to be present on the ballot.”
— Or. Rev. Stat. § 249.740(1) — 3 cases
Libertarian Party of Oregon v. Roberts (1988) or “ORS 249.740(1). For example, in the 1984 presidential election, 1,226,527 votes were cast in Oregon for presidential electors.”
Kucera v. Bradbury (2004) or “ORS 249.740 describes the procedure for nomination of candidates by individual electors: “(1) A certificate of nomination made by individual electors shall contain a number of signatures of electors in the electoral district equal to not less than one percent of the total votes…”
Libertarian Party v. Roberts (1987) orctapp “ORS 249.740(1) (a) addresses the very different matter of the necessary manifestation of support for a particular unaligned candidate for a particular statewide office to be present on the ballot.”
— Or. Rev. Stat. § 249.740(1)(a) — 1 case
Libertarian Party v. Roberts (1987) orctapp “ORS 249.740(1) (a) addresses the very different matter of the necessary manifestation of support for a particular unaligned candidate for a particular statewide office to be present on the ballot.”
— Or. Rev. Stat. § 249.740(4) — 1 case
Kucera v. Bradbury (2004) or “ORS 249.740 describes the procedure for nomination of candidates by individual electors: “(1) A certificate of nomination made by individual electors shall contain a number of signatures of electors in the electoral district equal to not less than one percent of the total votes…”
— Or. Rev. Stat. § 249.740(5) — 1 case
Kucera v. Bradbury (2004) or “ORS 249.740 describes the procedure for nomination of candidates by individual electors: “(1) A certificate of nomination made by individual electors shall contain a number of signatures of electors in the electoral district equal to not less than one percent of the total votes…”
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