Oregon Revised Statutes

Or. Rev. Stat. § 251.055 (2026)

Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded; rules

✓ current as of May 2026

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251.055 Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded; rules. (1) The Secretary of State shall reject any statement, argument, translation or other matter offered for filing and publishing in a voters’ pamphlet that:

(a) Contains any obscene, profane or defamatory language;

(b) Incites or advocates hatred, abuse or violence toward any person or group; or

(2) Nothing in this chapter shall make the author of any statement, argument or translation exempt from any civil or criminal action because of any defamatory statements offered for publishing or contained in the voters’ pamphlet. The persons writing, signing or offering a statement, argument or translation for filing shall be deemed its authors and publishers.

(3) The Secretary of State by rule shall establish a procedure to notify a person who offered a statement, argument, translation or other matter that was rejected pursuant to this section. Subject to voters’ pamphlet deadlines, the procedure shall require the Secretary of State to:

(a) Make reasonable attempts to notify the person of the rejection; and

(b) Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement, argument or translation so that it does not violate the provisions of this section. [Formerly 255.040; 1993 c.351 §1; 2021 c.464 §5]

251.060 [1957 c.217 §5; 1979 c.190 §318; renumbered 258.046]

Notes of Decisions

Cited in 4 cases, 1984–2017 · leading case: Teledyne Indus., Inc. v. Paulus, 687 P.2d 1077 (Or. 1984).

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Teledyne Indus., Inc. v. Paulus, 687 P.2d 1077 (Or. 1984). · cites it 4× “110 or mandated by ORS 251.055(1). Justiciability does not depend on the fortuitous appearance of an intervenor.”

Masters v. Sec'y of State, 744 P.2d 1309 (Or. Ct. App. 1987). · cites it 6× “His first claim for relief alleges a violation of the Secretary’s duty imposed by ORS 251.055: “(1) The Secretary of State shall reject any statement, argument or other matter offered for filing and printing in a voters’ pamphlet which: “(a) Contains any obscene, profane,…”

State Ex Rel. Bunn v. Roberts, 726 P.2d 925 (Or. 1986). · cites it 2× “See also ORS 251.055, 251.155 (Secretary of State is to reject certain statements offered for filing and printing in voters' pamphlet, but such material submitted not admissible as evidence to enjoin publication of voters' pamphlet).”

Oregon Nat. Resources Council Fund v. Port of Portland, 398 P.3d 923 (Or. Ct. App. 2017). “, ORS 251.055(1); ORS 251.085; State Voters’ Pamphlet Manual 9, 23 (2016) (adopted by OAR 165-016-0000), but its decision to do that does not implicate Article I, section 8.”

— Or. Rev. Stat. § 251.055(1) — 2 cases

Teledyne Indus., Inc. v. Paulus, 687 P.2d 1077 (Or. 1984). “110 or mandated by ORS 251.055(1). Justiciability does not depend on the fortuitous appearance of an intervenor.”

— Or. Rev. Stat. § 251.055(l)(a) — 1 case

Teledyne Indus., Inc. v. Paulus, 687 P.2d 1077 (Or. 1984). “110 or mandated by ORS 251.055(1). Justiciability does not depend on the fortuitous appearance of an intervenor.”

— Or. Rev. Stat. § 251.055(l)(c) — 1 case

Teledyne Indus., Inc. v. Paulus, 687 P.2d 1077 (Or. 1984). “110 or mandated by ORS 251.055(1). Justiciability does not depend on the fortuitous appearance of an intervenor.”

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