250.105
Petition filing requirements; monthly filing; signature verification; rules. (1)(a) An initiative or referendum
petition relating to a state measure must be filed with the Secretary of State
for the purpose of verifying whether the petition contains the required number
of signatures of electors.
(b) Signatures
previously verified on a prospective petition for a state measure to be
initiated shall be included in the calculation under this section for the
purpose of verifying whether the initiative petition contains the required
number of signatures of electors.
(c) When filing
an initiative or referendum petition, the signature sheets must be sorted on
the basis of the name of the person who obtained the signatures on the sheet.
(d) The secretary
shall adopt rules establishing procedures for verifying signatures on an
initiative or referendum petition.
(e) A filed
initiative or referendum petition must contain only original signatures. The
secretary or county clerk shall verify each petition in the order in which the
petitions are filed with the secretary.
(2)(a) Once every
month, the chief petitioner, or agent on behalf of the chief petitioner, of an
initiative petition relating to a state measure shall file with the secretary
all signature sheets containing signatures of electors obtained by a person being
paid to obtain signatures on the petition since the previous monthly filing.
The secretary shall hold all signature sheets filed under this subsection
unless the chief petitioner withdraws the petition.
(b) The secretary
shall adopt rules prescribing the dates by which signature sheets must be filed
each month. The secretary may not accept signature sheets containing signatures
of electors obtained by a person being paid to obtain signatures on the petition
before the previous monthly filing deadline prescribed under this paragraph for
purposes of determining whether an initiative petition relating to a state
measure contains the required number of signatures of electors under this
section.
(3) The secretary
may not accept a referendum petition relating to a state measure for filing if
the petition contains less than 100 percent of the required number of
signatures. The secretary may not determine whether an initiative petition
contains the required number of signatures of electors unless at least 100
percent of the required number of signatures have been filed with the
secretary.
(4) If the total
number of signatures required on an initiative petition or referendum petition
is submitted not less than 165 days before the election at which the proposed
measure is to be voted upon and if the secretary determines that insufficient
signatures have been submitted but the deadline for filing signatures on the
petition has not passed, the petitioners may submit additional signatures.
(5) The secretary
by rule shall designate a statistical sampling technique to verify whether a
petition contains the required number of signatures of electors. A petition may
not be rejected for the reason that it contains 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
contain a larger number of signatures than the first sampling. If two samplings
are required under this subsection, the total number of signatures verified on
the petition shall be not less than five percent of the total number of
signatures on the petition.
(6) For purposes
of estimating the number of duplicate signatures contained in a petition, the
secretary shall apply at least an eight percent duplication rate in the first
sampling of signatures on all petitions. If a second sampling of signatures is
required under subsection (5) of this section, the secretary shall calculate an
estimated signature duplication rate for each petition for which a second
sampling is required. The calculation shall be based on the number of electors
the secretary determines have signed a specific petition more than once.
(7) When
verifying signatures for a state initiative or referendum petition, the
secretary or county clerk shall identify on an elector’s voter registration
record or other database that the elector signed the specific initiative or
referendum petition.
(8) The Secretary
of State may employ professional assistance to determine the sampling technique
to be designated under subsection (5) of this section.
(9) The Secretary
of State and the county clerk, if requested, shall permit authorized persons to
be at the office of the secretary or county clerk to watch the verification of
signatures on a state initiative petition or prospective petition for a state
measure to be initiated under this section. The authorization shall be in
writing and shall be filed with the secretary or county clerk. The secretary or
county clerk shall permit only as many persons as watchers under this
subsection as will not interfere with an orderly procedure at the office of the
secretary or county clerk. [1979 c.190 §149; 1985 c.447 §7; 1989 c.68 §6; 1999
c.1021 §1; 2007 c.848 §11; 2009 c.533 §8; 2009 c.720 §5; 2013 c.519 §2]
250.110 [Amended by 1953 c.632 §6; 1957
c.608 §126; 1961 c.170 §2; subsection (7) enacted as 1967 c.26 §4; 1977 c.508 §6;
1979 c.190 §237; renumbered 254.135]
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1984–2026 · leading case:
Leo v. Keisling, 964 P.2d 1023 (Or. 1998).
Leo v. Keisling, 964 P.2d 1023 (Or. 1998).
· cites it 12× “We conclude that, in this case, the provision of OAR 165-014-0030 (the “acceptance/rejection limit” in Appendix I) that allows the Secretary of State to qualify an initiative petition for the ballot even though the Secretary of State is up to 80 percent certain that the petition…”
State ex rel Sajo v. Paulus, 688 P.2d 367 (Or. 1984).
· cites it 5× “ORS 250.105 directs the Secretary of State to designate by rule a statistical sampling technique to be used in the verification procedure.”
State Ex Rel. Fidanque v. Paulus, 688 P.2d 1303 (Or. 1984).
· cites it 2× “ORS 250.105, ORS 254.085. Normally the manner and timing of judicial review is itself prescribed by statute.”
Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
“at 563 (quoting ORS 250.105(4)). The sampling rule promulgated by the *683 Secretary of State, however, allowed initiatives to appear on the ballot unless there was an 80 percent chance that the initiative had not met the signature requirements.”
Leo v. Keisling, 986 P.2d 562 (Or. 1999).
· cites it 5× “Plaintiffs asserted that the Secretary of State’s action violated OAR 165-014-0030, ORS 250.105, and Article IV, section l(2)(b), of the Oregon Constitution.”
Oregon Educ. Ass'n v. Roberts, 721 P.2d 833 (Or. 1986).
· cites it 2× “ORS 250.105(1). ORS 250.105(1) provides: “An initiative * * * petition relating to a state measure shall be filed with the Secretary of State for the purpose of verifying whether the petition contains the required number of signatures of electors.”
Caruthers v. Kroger, 227 P.3d 723 (Or. 2010).
“See ORS 250.105(2); OAR 165-014-0030(5) - (16) (stating rules for statistical sampling).”
Unger v. Rosenblum, 401 P.3d 789 (Or. 2017).
“1 The measure, if enacted, would amend one paragraph in ORS 250.105(1) and add another. The first paragraph would provide for digital signatures.”
Crumpton v. Roberts, 798 P.2d 1100 (Or. 1990).
“” ORS 250.105 provides for filing the “initiative or referendum petition” with the Secretary of State for the purpose of verifying the signatures.”
Kucera v. Bradbury, 97 P.3d 1191 (Or. 2004).
“865(5) (‘[a]ny intentional or willful violation [of the statute] shall invalidate the prospective petition’); ORS 250.105(2) (the Secretary shall not accept initiative or referendum petition if fewer than required number of signatures are submitted).”
Meyer v. Bradbury, 134 P.3d 1005 (Or. Ct. App. 2006).
“ORS 250.105. The initiative petition in this case, IP 8, involves campaign financing.”
Nelson v. Keisling, 964 P.2d 284 (Or. Ct. App. 1998).
· cites it 2× “865(5) (“[a]ny intentional or willful violation [of the statute] shall invalidate the prospective petition”); ORS 250.105(2) (the Secretary shall not accept initiative or referendum petition if fewer than required number of signatures are submitted).”
— Or. Rev. Stat. § 250.105(1) — 5 cases
Oregon Educ. Ass'n v. Roberts, 721 P.2d 833 (Or. 1986).
“ORS 250.105(1). ORS 250.105(1) provides: “An initiative * * * petition relating to a state measure shall be filed with the Secretary of State for the purpose of verifying whether the petition contains the required number of signatures of electors.”
State ex rel Sajo v. Paulus, 688 P.2d 367 (Or. 1984).
“ORS 250.105 directs the Secretary of State to designate by rule a statistical sampling technique to be used in the verification procedure.”
Unger v. Rosenblum, 401 P.3d 789 (Or. 2017).
“1 The measure, if enacted, would amend one paragraph in ORS 250.105(1) and add another. The first paragraph would provide for digital signatures.”
— Or. Rev. Stat. § 250.105(1)(d) — 1 case
— Or. Rev. Stat. § 250.105(2) — 3 cases
Caruthers v. Kroger, 227 P.3d 723 (Or. 2010).
“See ORS 250.105(2); OAR 165-014-0030(5) - (16) (stating rules for statistical sampling).”
Kucera v. Bradbury, 97 P.3d 1191 (Or. 2004).
“865(5) (‘[a]ny intentional or willful violation [of the statute] shall invalidate the prospective petition’); ORS 250.105(2) (the Secretary shall not accept initiative or referendum petition if fewer than required number of signatures are submitted).”
Nelson v. Keisling, 964 P.2d 284 (Or. Ct. App. 1998).
“865(5) (“[a]ny intentional or willful violation [of the statute] shall invalidate the prospective petition”); ORS 250.105(2) (the Secretary shall not accept initiative or referendum petition if fewer than required number of signatures are submitted).”
— Or. Rev. Stat. § 250.105(3) — 2 cases
State ex rel Sajo v. Paulus, 688 P.2d 367 (Or. 1984).
“ORS 250.105 directs the Secretary of State to designate by rule a statistical sampling technique to be used in the verification procedure.”
— Or. Rev. Stat. § 250.105(4) — 4 cases
Leo v. Keisling, 964 P.2d 1023 (Or. 1998).
“We conclude that, in this case, the provision of OAR 165-014-0030 (the “acceptance/rejection limit” in Appendix I) that allows the Secretary of State to qualify an initiative petition for the ballot even though the Secretary of State is up to 80 percent certain that the petition…”
Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
“at 563 (quoting ORS 250.105(4)). The sampling rule promulgated by the *683 Secretary of State, however, allowed initiatives to appear on the ballot unless there was an 80 percent chance that the initiative had not met the signature requirements.”
Leo v. Keisling, 986 P.2d 562 (Or. 1999).
“Plaintiffs asserted that the Secretary of State’s action violated OAR 165-014-0030, ORS 250.105, and Article IV, section l(2)(b), of the Oregon Constitution.”
Nelson v. Keisling, 964 P.2d 284 (Or. Ct. App. 1998).
“865(5) (“[a]ny intentional or willful violation [of the statute] shall invalidate the prospective petition”); ORS 250.105(2) (the Secretary shall not accept initiative or referendum petition if fewer than required number of signatures are submitted).”
— Or. Rev. Stat. § 250.105(5) — 1 case
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