250.045
Prospective petition; signature requirement; cover and signature sheet
requirements; rules.
(1)(a) Before circulating a petition to initiate or refer a state measure under
Article IV, section 1, of the Oregon Constitution, the petitioner shall file
with the Secretary of State a prospective petition.
(b) The
prospective petition for a state measure to be initiated:
(A) Shall contain
the signatures of at least 1,000 electors; and
(B) May not
contain the signatures of more than 2,000 electors.
(c) The signature
sheets for a state measure to be initiated must be attached to a full and
correct copy of the measure to be initiated.
(2) Before
obtaining signatures on a prospective petition for a state measure to be
initiated, the chief petitioners shall file with the secretary a statement
declaring whether one or more persons will be paid money or other valuable
consideration for obtaining signatures of electors on the prospective petition.
After a statement has been filed under this subsection, the chief petitioners
shall notify the secretary not later than the 10th day after any of the chief
petitioners first has knowledge or should have had knowledge that:
(a) Any person is
being paid for obtaining signatures, when the statement filed under this
subsection declared that no such person would be paid.
(b) No person is
being paid for obtaining signatures, when the statement filed under this
subsection declared that one or more such persons would be paid.
(3) The secretary
by rule shall establish procedures for verifying whether a prospective petition
for a state measure to be initiated contains the required number of signatures
of electors.
(4) The secretary
shall date and time stamp the prospective petition and specify the form on
which the initiative or referendum petition shall be printed for circulation as
provided in ORS 250.052. The secretary shall retain the prospective petition.
(5) The chief
petitioner may amend the state measure to be initiated that has been filed with
the secretary without filing another prospective petition, if:
(a) The Attorney
General certifies to the secretary that the proposed amendment will not
substantially change the substance of the measure; and
(b) The deadline
for submitting written comments on the draft title has not passed.
(6)(a) The cover
of an initiative or referendum petition shall designate the name and city and
state of residence of not more than three persons as chief petitioners and
shall contain instructions for persons obtaining signatures of electors on the
petition. The instructions shall be adopted by the secretary by rule.
(b) The cover of
a referendum petition shall contain the final measure summary described in ORS
250.065 (1).
(c)(A) If a
petition seeking a different ballot title is not filed with the Supreme Court
by the deadline for filing a petition under ORS 250.085, the cover of an
initiative petition shall contain the latest ballot title certified by the
Attorney General under ORS 250.067 (2).
(B) If a petition
seeking a different ballot title is filed with the Supreme Court by the
deadline for filing a petition under ORS 250.085:
(i) The secretary
may not issue an official template of the cover and signature sheets of the
initiative petition until the Supreme Court has certified a final ballot title;
and
(ii) The cover of
the initiative petition shall contain the final ballot title certified by the
court.
(7) The chief
petitioners shall include with the prospective petition a statement declaring
whether one or more persons will be paid money or other valuable consideration
for obtaining signatures of electors on the initiative or referendum petition.
After the prospective petition is filed, the chief petitioners shall notify the
filing officer not later than the 10th day after any of the chief petitioners
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 petition declared that no such person would be paid.
(b) No person is
being paid for obtaining signatures, when the statement included with the
prospective petition declared that one or more such persons would be paid.
(8)(a) Each sheet
of signatures on an initiative petition shall contain the caption of the final
certified ballot title. Each sheet of signatures on a referendum petition shall
contain the subject expressed in the title of the Act to be referred.
(b) Each sheet of
signatures on an initiative or referendum petition shall:
(A) Contain a
notice describing the meaning of the color of the signature sheet in accordance
with ORS 250.052; and
(B) If one or
more persons will be paid for obtaining signatures of electors on the petition,
contain a notice stating: “Some Circulators For This Petition Are Being Paid.”
The notice shall be in boldfaced type and shall be prominently displayed on the
sheet.
(c) The secretary
by rule shall adopt a method of designation to distinguish signature sheets of
referendum petitions containing the same subject reference and being circulated
during the same period.
(9) The reverse
side of the cover of an initiative or referendum petition shall be used for
obtaining signatures on the initiative or referendum petition.
(10) Not more
than 20 signatures on the signature sheet of the initiative or referendum
petition may be counted. The circulator shall certify on each signature sheet
of the initiative or referendum petition 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.
(11) The person
obtaining signatures on the petition shall carry at least one full and correct
copy of the measure to be initiated or referred and shall allow any person to
review a copy upon request of the person. [1979 c.190 §144; 1979 c.345 §2; 1981
c.909 §2; 1983 c.514 §8; 1983 c.756 §9; 1985 c.447 §1; 1985 c.808 §25; 1987
c.519 §1; 1989 c.959 §3; 1992 c.1 §1; 1995 c.607 §26; 1997 c.846 §1; 1999 c.262
§2; 1999 c.318 §27; 1999 c.793 §2; 2001 c.965 §4; 2005 c.797 §36; 2007 c.159 §3;
2007 c.848 §8; 2009 c.533 §1; 2018 c.70 §17; 2021 c.473 §1]
Notes of Decisions
Cited in
28
cases (
1 in the last 5 years), 1982–2024 · leading case:
Crumpton v. Roberts, 798 P.2d 1100 (Or. 1990).
Crumpton v. Roberts, 798 P.2d 1100 (Or. 1990).
· cites it 22× “This case involves the construction of ORS 250.045. More specifically, it involves the effect of a 1989 amendment to that statute, Or Laws 1989, ch 959, § 3, that took effect on October 3, 1989 (the 1989 amendment).”
Am. Fed'n of Teachers-Oregon v. Oregon Taxpayers United Pac, 145 P.3d 1111 (Or. Ct. App. 2006).
· cites it 14× “" Pursuant to the authority granted by section 1(4)(a), the legislature has enacted ORS 250.045 to 250.135, which govern the Secretary of State's obligations regarding state measures, including the certification of signatures on initiative petitions, and ORS chapter 260, which…”
Couey v. Atkins, 355 P.3d 866 (Or. 2015).
· cites it 3× “See ORS 250.045(1) (requiring filing of text of prospective petition with signatures of at least 1,000 electors).”
State Ex Rel. Fidanque v. Paulus, 688 P.2d 1303 (Or. 1984).
· cites it 8× “ORS 250.045(1) requires that, prior to circulating a petition under section 1, Article IV, the petitioner must file the prospective petition with the Secretary of State.”
Ellis v. Roberts, 725 P.2d 886 (Or. 1986).
· cites it 3× “[ORS 250.045(1).] The counties verified the signatures and returned them to the Secretary of *14 State and on October 6, 1983, she sent two copies of the prospective petition to the Attorney General’s office for preparation of a ballot title.”
Oregon Educ. Ass'n v. Roberts, 721 P.2d 833 (Or. 1986).
· cites it 2× “ORS 250.045(1). ORS 250.045(1) provides: “Before circulating a petition to initiate or refer a state measure under section 1, Article IV, Oregon Constitution, the petitioner shall file with the Secretary of State a prospective petition.”
State ex rel Sajo v. Paulus, 688 P.2d 367 (Or. 1984).
“ORS 250.045(7) requires circulators to verify on each signature sheet that every person who signed the sheet did so in the presence of the circulator and that the circulator believes each individual is an elector.”
Portland Gen. Elec. Co. v. Roberts, 709 P.2d 1086 (Or. 1985).
· cites it 3× “05(3) provides: “* * * The petition shall show proof of service on the following persons, if those persons participated in proposing, revising, or in any manner affecting a state measure: “(a) The “chief petitioner” or “chief petitioners” referred to in ORS 250.045.” Although…”
Unger v. Rosenblum, 401 P.3d 789 (Or. 2017).
“See ORS 250.045 (describing procedures for qualifying measures and referenda and signature sheet requirements); Elections Division, Oregon Secretary of State, State Initiative & Referendum Manual 8,21 (Jan 2016), http://sos.”
Am. Fed'n of Teachers v. Oregon Taxpayers United Pac, 189 P.3d 9 (Or. 2008).
· cites it 2× “Former ORS 250.045(1). 13 In Count 1, plaintiffs alleged that defendants knowingly and intentionally, and with the intent to injure plaintiffs, forged signatures and made false statements in connection with the statements of sponsorship for Measures 92 and 98.”
Bassien v. Buchanan, 798 P.2d 667 (Or. 1990).
· cites it 2× “' "Pursuant to that express authority, the legislature has enacted ORS 250.045 and other statutes pertaining to the initiative process.”
Meyer v. Bradbury, 134 P.3d 1005 (Or. Ct. App. 2006).
“ORS 250.045. The prospective petition must include a copy of the measure to be initiated and a statement of sponsorship signed by at least 25 electors.”
— Or. Rev. Stat. § 250.045(1) — 13 cases
State Ex Rel. Fidanque v. Paulus, 688 P.2d 1303 (Or. 1984).
“ORS 250.045(1) requires that, prior to circulating a petition under section 1, Article IV, the petitioner must file the prospective petition with the Secretary of State.”
Am. Fed'n of Teachers-Oregon v. Oregon Taxpayers United Pac, 145 P.3d 1111 (Or. Ct. App. 2006).
“" Pursuant to the authority granted by section 1(4)(a), the legislature has enacted ORS 250.045 to 250.135, which govern the Secretary of State's obligations regarding state measures, including the certification of signatures on initiative petitions, and ORS chapter 260, which…”
Ellis v. Roberts, 725 P.2d 886 (Or. 1986).
“[ORS 250.045(1).] The counties verified the signatures and returned them to the Secretary of *14 State and on October 6, 1983, she sent two copies of the prospective petition to the Attorney General’s office for preparation of a ballot title.”
Couey v. Atkins, 355 P.3d 866 (Or. 2015).
“See ORS 250.045(1) (requiring filing of text of prospective petition with signatures of at least 1,000 electors).”
Crumpton v. Roberts, 798 P.2d 1100 (Or. 1990).
“This case involves the construction of ORS 250.045. More specifically, it involves the effect of a 1989 amendment to that statute, Or Laws 1989, ch 959, § 3, that took effect on October 3, 1989 (the 1989 amendment).”
— Or. Rev. Stat. § 250.045(10)(a) — 1 case
— Or. Rev. Stat. § 250.045(2) — 3 cases
Couey v. Atkins, 355 P.3d 866 (Or. 2015).
“See ORS 250.045(1) (requiring filing of text of prospective petition with signatures of at least 1,000 electors).”
Crumpton v. Roberts, 798 P.2d 1100 (Or. 1990).
“This case involves the construction of ORS 250.045. More specifically, it involves the effect of a 1989 amendment to that statute, Or Laws 1989, ch 959, § 3, that took effect on October 3, 1989 (the 1989 amendment).”
— Or. Rev. Stat. § 250.045(3) — 6 cases
Crumpton v. Roberts, 798 P.2d 1100 (Or. 1990).
“This case involves the construction of ORS 250.045. More specifically, it involves the effect of a 1989 amendment to that statute, Or Laws 1989, ch 959, § 3, that took effect on October 3, 1989 (the 1989 amendment).”
Portland Gen. Elec. Co. v. Roberts, 709 P.2d 1086 (Or. 1985).
“05(3) provides: “* * * The petition shall show proof of service on the following persons, if those persons participated in proposing, revising, or in any manner affecting a state measure: “(a) The “chief petitioner” or “chief petitioners” referred to in ORS 250.045.” Although…”
— Or. Rev. Stat. § 250.045(4) — 1 case
Crumpton v. Roberts, 798 P.2d 1100 (Or. 1990).
“This case involves the construction of ORS 250.045. More specifically, it involves the effect of a 1989 amendment to that statute, Or Laws 1989, ch 959, § 3, that took effect on October 3, 1989 (the 1989 amendment).”
— Or. Rev. Stat. § 250.045(5) — 1 case
Crumpton v. Roberts, 798 P.2d 1100 (Or. 1990).
“This case involves the construction of ORS 250.045. More specifically, it involves the effect of a 1989 amendment to that statute, Or Laws 1989, ch 959, § 3, that took effect on October 3, 1989 (the 1989 amendment).”
— Or. Rev. Stat. § 250.045(6) — 2 cases
— Or. Rev. Stat. § 250.045(7) — 2 cases
State ex rel Sajo v. Paulus, 688 P.2d 367 (Or. 1984).
“ORS 250.045(7) requires circulators to verify on each signature sheet that every person who signed the sheet did so in the presence of the circulator and that the circulator believes each individual is an elector.”
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