Chapter 2.75
BALLOT MEASURES
Sections:
Article I. Ballot Placement Procedure
2.75.005 Authorization for advisory ballot questions.
2.75.010 Requirements for inclusion.
2.75.020 Decision on inclusion.
2.75.030 Explanatory statement.
2.75.040 Notice to County Clerk.
Article II. Voters’ Pamphlet
2.75.080 Explanatory statements.
2.75.090 Intergovernmental agreements.
Article I. Ballot Placement Procedure
2.75.005 Authorization for advisory ballot questions.
At any regular public meeting of the Josephine County Board of Commissioners, and upon a majority vote of those members then present, the Board may adopt a resolution or order to place an advisory question or questions on the ballot to determine voter attitudes on matters of local concern, at the general or special election otherwise to be held. [Ord. 76-2G § 1.]
2.75.006 Costs.
Upon adoption of said resolution or order said advisory question or questions shall be placed on the ballot of the election therein designated, with all costs thereof to be borne by Josephine County. [Ord. 76-2G § 2.]
2.75.007 Applicable law.
The election laws of the State of Oregon shall be followed as nearly as possible when placing said advisory questions on the ballot. [Ord. 76-2G § 3.]
2.75.008 Nonbinding effect.
The final determination of voter attitudes on the question or questions so presented shall not be binding upon the Board and no affirmative or negative action shall be required as a result thereof. However, the Board may use said results in any manner deemed by them to be in the best interest of Josephine County. [Ord. 76-2G § 4.]
2.75.010 Requirements for inclusion.
The measure and the ballot title, explanatory statement, and arguments (for or against or both) concerning a County measure may be sent to the Oregon Secretary of State for inclusion in the voters’ pamphlet if the following requirements are met:
A. The measure, ballot title, explanatory statement, and the arguments are filed with the Secretary of State (1) no later than the seventieth day before the election at which the measure concerned is to be voted upon and (2) after the time for filing a petition for judicial review pursuant to JCC 2.75.050 has passed;
B. The ballot title is a concise and impartial statement of the purpose of the measure;
C. The explanatory statement is an impartial, simple, and understandable statement, explaining the measure and its effect;
D. The argument(s) (for the measure or against it or both) are:
1. Typewritten;
2. (a) Printable on 29.8 square inches of the voters’ pamphlet, and (b) consisting of not over 350 words;
3. Either (a) signed, in the form of a petition, by 1,000 electors of Josephine County or 10 percent of the electors of Josephine County, whichever is less or (b) accompanied by a $300.00 charge to defray the charge to Josephine County by the Oregon Secretary of State; any refund to the County from the Secretary of State will be transmitted to the person or group that paid the charge;
4. Filed at least 80 days before the election at which the measure is to be voted upon. [Ord. 90-3 § 1; Ord. 90-3-E § 1.]
2.75.020 Decision on inclusion.
The decision on whether to include a measure, ballot title, explanatory statement, or argument(s) concerning the measure shall be made by:
A. The Board of Commissioners with regard to any County measure; or
B. The chief petitioners of the initiative or referendum with regard to a County measure initiated or referred by the people. The chief petitioners shall indicate their decision in a statement signed by all of the chief petitioners and filed with the County Clerk; or
C. A political committee, as defined in ORS 260.005, that opposes the County measure. The committee shall indicate its decision in a statement signed by every committee director, as defined in ORS 260.005, and filed with the County Clerk.
If any argument is submitted for inclusion, then the ballot title and the text of the measure will also be included. [Ord. 90-3 § 2; Ord. 90-3-E § 2.]
2.75.030 Explanatory statement.
The explanatory statement shall:
A. Consist of 500 words or less;
B. Be prepared by the County Board of Commissioners or a citizen’s committee appointed by them;
C. Be filed with the County Clerk 85 days before the election upon which the measure is to be voted;
D. Be requested of the Board of County Commissioners and the County Clerk in accordance with JCC 2.90.020 at least 89 days before the election at which the measure will be voted on. [Ord. 90-3 § 3; Ord. 90-3-E § 3.]
2.75.040 Notice to County Clerk.
The County Clerk must be notified, in writing, at least the number of days shown below, prior to the election, of a decision to include a copy of any of the following documents in the voters’ pamphlet:
A. Eighty days for the measure;
B. Eighty-five days for an explanatory statement;
C. Eighty-seven days for a ballot title prepared by the Board of County Commissioners pursuant to ORS 250.185(1);
D. Eighty-four days for a ballot title prepared by the District Attorney pursuant to ORS 250.185(2);
E. Eighty days for a ballot title which has been previously prepared pursuant to ORS 250.175;
F. Eighty-eight days for argument(s) (for or against or both). [Ord. 92-10 § 1; Ord. 90-3 § 4; Ord. 90-3-E § 4.]
2.75.050 Judicial review.
A. Explanatory Statement.
1. Any judicial review of an explanatory statement shall be first and finally in the Circuit Court of the fourteenth Judicial District.
2. The statement shall be sustained by the Court if it complies with ORS 251.285(2)(b); if the statement does not so comply, the Court shall prepare a substituted explanatory statement which does comply with ORS 251.285(2)(b) and certify it to the County Clerk.
3. The petition for judicial review shall be filed not later than the seventh business day after the explanatory statement is filed with the County Clerk.
B. Ballot Title.
1. Any judicial review of a ballot title shall be in accordance with the procedure set forth in ORS 250.195.
2. The ballot title shall be sustained if it complies with ORS 251.285(2)(a); if it does not so comply, the Court shall prepare a ballot title which does comply with ORS 251.285(2)(a) and certify it to the County Clerk.
C. Expedited Review and Decision. The Court shall review and decide on the petition as soon as possible, to accommodate submission of the explanatory statement or ballot title, or by the County Clerk to the Secretary of State in sufficient tine for publication in the voters’ pamphlet. [Ord. 90-3 § 5; Ord. 90-3-E § 5.]
Article II. Voters’ Pamphlet
2.75.060 Definitions.
Except where a term is defined in this section, the definitions contained in ORS 251.005 and OAR 165-22-000 apply to this article.
“Board” means the Josephine County Board of Commissioners.
“Measure” means either of the following matters submitted to the people for approval or rejection at an election; except a “measure” does not include the question of whether a person should be recalled from office:
1. A proposed ordinance or other legislation referred by the governing body of a county.
2. A proposed ordinance or charter amendment or other legislation placed on the ballot by an initiative or referendum petition. [Ord. 96-9 § 1.]
2.75.070 Voters’ pamphlet.
A. The County Clerk may prepare, print and distribute a County voters’ pamphlet for any election held in Josephine County. The County Clerk is granted the discretion to determine whether, under all the circumstances, the publication of a County voters’ pamphlet for a given election is appropriate. This article does not impose a legal duty on the County Clerk to publish a voters’ pamphlet for all elections held in Josephine County.
B. When the County Clerk determines that a County voters’ pamphlet should be published, ORS 251.305 to 251.435 and OAR Chapter 165, Division 22, shall govern the publication and distribution of the County voters’ pamphlet except as otherwise specifically provided in this article. [Ord. 96-9 § 2.]
2.75.080 Explanatory statements.
A. Measures Referred by Governing Body. The governing body of the County that has referred a measure to the voters shall submit an explanatory statement to the County Clerk within the time allowed by Oregon law. If the governing body does not submit an explanatory statement, the County Legal Counsel shall provide an explanatory statement.
B. Initiatives and Referendums by Petition – Effect of Ordinance Adopted under OAR 165-22-040. When an initiative measure or referendum measure by petition is certified for election, an explanatory statement shall be included in the County voters’ pamphlet as provided in this subsection for all County measures.
When the initiative or referendum measure is a County measure, an explanatory statement shall be prepared and submitted by the official responsible for drafting a ballot title for initiative measures for the County. If the official does not file an explanatory statement, the County Legal Counsel shall provide an explanatory statement.
C. Availability of Proposed Explanatory Statement to the Public. The County Clerk shall keep available to the public in the Clerk’s Office a full and complete copy of all explanatory statements filed under this article. [Ord. 96-9 § 3.]
2.75.090 Intergovernmental agreements.
The County Clerk may enter into intergovernmental agreements with the Secretary of State pursuant to ORS 251.008 for the production and distribution of a County voters’ pamphlet. [Ord. 96-9 § 4.]
2.75.100 Short title.
This article may be referred to as the “Josephine County Voters’ Pamphlet Ordinance.” [Ord. 96-9 § 5.]