Oregon Revised Statutes

Chapter 255 — Special District Elections

90 sections

255.001 [1973 c.155 §2 (enacted in lieu of 255.011); 1975 c.766 §21; repealed by 1979 c.190 §431]

GENERAL PROVISIONS

255.005 Definitions

As used in this chapter: “County clerk” means the county clerk or the county official in charge of elections. “District board” means the governing body of a district. “District election” means any election authorized or required to be held by a district. “District elections authority” means the county court or board of county commissioners, district boar…

255.010 [Repealed by 1957 c.608 §231]

255.011 [1957 c.608 §190; 1965 c.39 §1; 1971 c.733 §1; repealed by 1973 c.155 §1 (255.001 enacted in lieu of 255.011)]

255.012 “District” defined

As used in this chapter, “district” means: A domestic water supply district organized under ORS chapter 264. A cemetery maintenance district organized under ORS chapter 265. A park and recreation district organized under ORS chapter 266. A mass transit district organized under ORS 267.010 to 267.394. A transportation district organized under ORS 267.510…

255.013 [1971 c.94 §2; 1973 c.264 §1; repealed by 1979 c.190 §431]

255.015 [1967 c.309 §2; 1969 c.401 §1; 1971 c.733 §4; 1973 c.794 §17; repealed by 1979 c.190 §431]

255.018 [1967 c.309 §3; 1979 c.190 §185; renumbered 251.155]

255.020 [Repealed by 1957 c.608 §231]

255.022 Procedures for district elections; metropolitan service district candidates

Except as otherwise specifically provided in this section or by the law under which the district is formed or is operating, a district election shall be conducted in accordance with this chapter. Except as otherwise provided by this chapter, district elections shall be subject to the election laws, excluding ORS chapter 251 providing for voters’ pamphlets u…

255.025 [1955 c.154 §1; 1973 c.400 §1; 1975 c.766 §22; 1979 c.190 §174; renumbered 251.026]

255.027 [1971 c.733 §2; 1975 c.766 §6; 1979 c.190 §179; renumbered 251.085]

255.028 [1973 c.155 §4; 1975 c.766 §23; repealed by 1979 c.190 §431]

255.029 [1973 c.155 §5; 1975 c.766 §7; repealed by 1979 c.190 §431]

255.030 [Repealed by 1957 c.608 §231]

255.031 [1957 c.608 §192; 1959 c.457 §1; 1963 c.144 §1; 1969 c.82 §1; 1971 c.94 §6; 1973 c.658 §1; 1975 c.766 §8; 1975 c.779 §29; 1979 c.190 §177; 1979 c.533 §1; renumbered 251.065]

255.035 Authority of elections officer to obtain advice and assistance

In performing functions under this chapter, the elections officer may request the advice and assistance of the district elections authority or the officers of the district. Upon receipt of a request, a district elections authority or the officer of a district shall furnish advice and assistance to the maximum extent practicable.

255.040 [Amended by 1957 c.608 §193; 1959 c.457 §2; 1979 c.190 §176; renumbered 251.055]

255.045 Notice of change of district boundary

If the boundary of a district is changed, the district board immediately shall send a certified copy of the order, resolution or other action changing the boundary to the elections officer.

255.050 [Amended by 1955 c.96 §1; repealed by 1957 c.608 §231]

255.051 [1957 c.608 §194; 1959 c.457 §3; 1969 c.329 §1; 1975 c.766 §9; 1975 c.779 §30; 1979 c.190 §180; 1979 c.533 §3; renumbered 251.095]

255.055 Delegation to district elections authority of responsibility to conduct district election

Except as provided in ORS 255.400 to 255.424, the elections officer may delegate to the district elections authority at the request of the district elections authority any responsibility to conduct the district election, in whole or in part, if the elections officer determines that: The election will be conducted in accordance with this chapter; and No inc…

255.060 [Repealed by 1957 c.608 §231]

255.061 [1957 c.608 §195; 1961 c.532 §1; 1969 c.83 §1; 1971 c.94 §7; 1975 c.766 §10; 1977 c.364 §1; 1979 c.190 §186; renumbered 251.165]

255.062 Date of election on measure referred by district elections authority

Unless specifically provided otherwise, when the district elections authority of a district that holds regular district elections refers a measure to the electors of the district, the election on the measure shall be held on a district election date specified by the district elections authority in the order calling the election. The election date may not be …

255.069 Delivery and preparation of form for updating information on members of district boards; rules

Not later than the 115th day before a regular district election, or not later than the 135th day before a district election held on the date of a primary election or general election, the elections officer shall deliver to each district elections authority a form for updating information on members of district boards. The form shall include, at a minimum, th…

255.070 [Repealed by 1957 c.608 §231]

255.075 Publication of notice of district election to elect district board or district school board; notice by mail; rules

When a district election is to be held for the purpose of electing members of the district board, the elections officer shall publish a notice stating the date of the election, the board positions to be voted upon and the latest date on which candidates for election as board members may file petitions for nomination or declarations of candidacy. The election…

255.080 [Repealed by 1957 c.608 §231]

255.085 Notice of district election on issuance of bonds or on other measure

Not later than the 61st day before a district election on a measure, the district elections authority shall deliver to the elections officer a notice stating the date of the election and a ballot title. The district elections authority shall prepare the ballot title for a measure referred by the authority with the assistance of the district attorney for the …

255.090 [Repealed by 1957 c.608 §231]

255.095 [Formerly 259.100; 1983 c.379 §3; 1999 c.410 §64; repealed by 2007 c.154 §67]

INITIATIVE AND REFERENDUM

255.115 Definitions for ORS 255.125 to 255.205

As used in ORS 255.125 to 255.205, “district” means a district referred to in section 1 (5), Article IV, Oregon Constitution.

255.125 Application of ORS 255.135 to 255.205

ORS 255.135 to 255.205 carry out the provisions of section 1, Article IV, Oregon Constitution, and shall apply to the exercise of initiative or referendum powers by the people of a district regarding a district measure.

255.135 Prospective petition; cover and signature sheet requirements; circulation; filing deadline

Before circulating a petition to initiate or refer a district measure, the petitioner shall file with the elections officer a prospective petition. The elections officer immediately shall date and time stamp the prospective petition, and specify the form on which the petition shall be printed for circulation. The officer shall retain the prospective petition…

255.140 Determination of compliance with constitutional provisions; notice; appeal

Not later than the fifth business day after receiving a prospective petition for an initiative measure, the elections officer shall determine in writing whether the initiative measure meets the requirements of section 1 (2)(d) and (5), Article IV of the Oregon Constitution. If the elections officer determines that the initiative measure meets the requiremen…

255.145 Preparation of ballot title for certain measures; notice

When a prospective petition for a district measure to be referred is filed with the elections officer, the officer shall authorize the circulation of the petition containing the title of the measure as enacted by the district elections authority or, if there is no title, the title supplied by the petitioner filing the prospective petition. The elections offi…

255.155 Procedure for elector dissatisfied with title of district measure

Any elector dissatisfied with a ballot title filed with the elections officer by the district attorney or district elections authority may petition the circuit court of the judicial district in which the administrative office of the district is located seeking a different title and stating the reasons the title filed with the court is insufficient, not conci…

255.165 Signature requirements

Except for a district measure of the Port of Portland, a metropolitan service district organized under ORS chapter 268, a school district with an enrollment exceeding 40,000 pupils or a mass transit district situated in a metropolitan statistical area with a population exceeding 400,000, other than a mass transit district measure relating to a route, schedul…

255.175 Filing officer; filing requirements; verification of signatures

An initiative or referendum petition relating to a district measure shall be filed with the elections officer for signature verification. The filed petition shall contain only original signatures. An initiative or referendum petition relating to a district measure shall not be accepted for filing if it contains less than 100 percent of the required number o…

255.185 Date of election on measure initiated or referred by electors

In a district that holds regular district elections, if an initiative or referendum petition contains the required number of verified signatures, the election on the district measure shall be held on the third Tuesday in May, the first Tuesday after the first Monday in November or the date of the next scheduled regular district election. The election date ma…

255.195 [1979 c.190 §298; 1985 c.471 §13; repealed by 1987 c.724 §7]

255.205 Retention of petition materials

The elections officer shall retain the signature sheets of a filed initiative or referendum petition with a copy of the district measure. If the measure is approved by the district electors, a copy of the measure shall be preserved as a permanent public record, and the signature sheets shall be preserved for six years.

255.210 [Repealed by 1957 c.608 §231]

255.211 [1957 c.608 §197; 1961 c.49 §3; 1971 c.94 §3; 1971 c.733 §5; 1973 c.658 §2; 1975 c.766 §11; 1979 c.190 §181; renumbered 251.115]

255.215 Notice by mail in lieu of or in addition to newspaper publication

In lieu of or in addition to publication of notice under ORS 255.085, if it is expedient to do so the elections officer may give notice by mail to each elector of the district. The notice shall have postage prepaid and shall be considered given when mailed. Mailed notice of a district election under ORS 255.085 shall be made not later than three days after r…

255.220 [Amended by 1957 c.608 §198; repealed by 1979 c.190 §431]

255.230 [Repealed by 1957 c.608 §231]

255.231 [1957 c.608 §199; 1959 c.457 §4; 1971 c.94 §4; 1971 c.733 §6; 1973 c.658 §4; 1975 c.766 §12; repealed by 1979 c.190 §431]

NOMINATIONS

255.235 Nomination of candidates for election to district boards; withdrawal

Except as provided in ORS 255.400 to 255.424: A candidate for election as a member of a district board shall be nominated by filing with the elections officer either: A petition for nomination signed by at least 25 electors, or 10 percent of the electors, residing in the election district for the office, whichever number is less; or A declaration of candi…

255.240 [Repealed by 1957 c.608 §231]

255.241 [1957 c.608 §200; 1961 c.532 §2; 1969 c.83 §2; 1971 c.94 §5; 1975 c.766 §13; 1977 c.364 §2; repealed by 1979 c.190 §431]

255.245 Nominations to fill certain vacancies; Secretary of State to adopt rules

Except as provided in ORS 255.400 to 255.424, if a vacancy occurs in the office of district board member after the deadline for notice in ORS 255.069 (2) and on or before the 62nd day before the regular district election, the Secretary of State by rule shall provide a nominating schedule when practicable so that candidates’ names may be printed on the regula…

255.250 [Amended by 1955 c.96 §2; repealed by 1957 c.608 §231]

255.260 [Repealed by 1957 c.608 §231]

255.265 [Formerly 259.045; 1981 c.173 §35; 1987 c.267 §55; repealed by 1995 c.607 §91]

255.275 [Formerly 259.220; repealed by 2007 c.154 §67]

255.285 [Formerly 259.120; 1985 c.471 §12; repealed by 2007 c.154 §67]

CONDUCT OF ELECTIONS

255.288 Methods of providing map of proposed boundaries for election on boundary question

At any election in which the question of establishing or changing the exterior boundaries of a district or the question of establishing or changing boundaries of electoral zones or subdistricts within a district is submitted to a vote, the elections officer shall provide a map indicating the proposed boundaries. The elections officer shall provide the map by…

255.291 Ballot to state position or zone number of candidate

In a district in which a position or zone number is assigned to each office on the district board, the ballot shall state the position or zone number of the office to which the candidate seeks election. The candidate’s name shall appear on the ballot only for the designated position or zone.

255.295 Preparing abstract; notification of results

Not later than the 27th day after the date of an election, the elections officer shall prepare an abstract of the votes and deliver it to the district elections authority. Not later than the 45th day after the date of an election, the district elections authority shall determine from it the result of the election. Subject to ORS 254.548, the elections offic…

255.305 Election expenses paid by district; exceptions; apportionment of expenses; rules

Except as otherwise provided by ORS 198.775, 261.210 and 568.542, the expenses incurred for a district election shall be paid by that district. When two or more districts hold an election on the same day, the expenses of the election shall be equitably apportioned among the districts. The Secretary of State by rule: May designate a formula for the apporti…

255.310 [Repealed by 1963 c.160 §1]

ELECTION DATES

255.325 Legislative intent to promote regularity of special district elections; rulemaking and enforcement by Secretary of State

Except as provided in ORS 255.400 to 255.424, the Secretary of State by rule shall require the districts that are not in compliance with ORS 255.335 to so comply. For this purpose, the rule may require adjusting or staggering terms of board members.

255.335 Regular district election; terms of board members; organizational meeting

Except as provided in ORS 255.400 to 255.424: The regular district election shall be held by each district for the purpose of electing members of the district board to succeed a member whose term expires the following June 30 and to elect members to fill any vacancy which then may exist. The election shall be held in each such district in each odd-numbered …

255.345 Special election dates

Except as provided in subsection (2) of this section, a special election called by a district elections authority shall not be held on any date other than: The second Tuesday in March; The third Tuesday in May; The fourth Tuesday in August; or The first Tuesday after the first Monday in November. A special election may be held on a date other than that …

255.355 [Formerly 259.265; repealed by 1995 c.607 §91]

OREGON VOTING RIGHTS ACT

255.400 Definitions for ORS 255.400 to 255.424

As used in ORS 255.400 to 255.424: Except as provided in paragraph (b) of this subsection, “board of a qualifying district” means: A district school board as defined in ORS 332.002; The board of directors of an education service district as defined in ORS 334.003; or A board as defined in ORS 341.005. “Board of a qualifying district” does not include th…

255.405 Requirements for qualifying district elections; information required in manuals produced by Secretary of State

Notwithstanding ORS chapter 332, 334 or 341 or any other provision of law: A qualifying district election may not be conducted in a manner that impairs the ability of members of a protected class to have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election as a result of the dilution or abr…

255.410 [Amended by 1953 c.359 §4; 1957 c.608 §201; 1961 c.532 §3; 1969 c.83 §3; 1975 c.766 §14; 1977 c.516 §4; 1979 c.190 §188; renumbered 251.185]

255.411 Violations of ORS 255.405; process for bringing claim

A qualifying district is in violation of ORS 255.405 if it is shown that: Electors in the qualifying district exhibit polarized voting; and Members of a protected class do not have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election as a result of the dilution or abridgment of the rights …

255.415 [1975 c.766 §25; 1977 c.460 §1; 1977 c.508 §12; 1979 c.190 §195; renumbered 251.255]

255.416 Ability of board of qualifying district to remedy violation; process

The board of a qualifying district that intends to change the electoral system of the qualifying district in order to remedy a potential violation of ORS 255.405, or in order to comply with a court order requiring the board of a qualifying district to remedy a violation of ORS 255.405, shall, prior to voting on whether to adopt the proposed new electoral sys…

255.418 [1975 c.766 §18; 1979 c.190 §197; renumbered 251.275]

255.420 [Repealed by 1957 c.608 §231]

255.421 [1957 c.608 §203; 1959 c.457 §5; 1961 c.49 §4; 1965 c.350 §1; repealed by 1973 c.712 §5 (255.422 enacted in lieu of 255.421)]

255.422 [1973 c.712 §6 (enacted in lieu of 255.421); repealed by 1975 c.766 §29]

255.424 Notice requirements to bring action; reimbursement of reasonable costs

An individual who meets the qualifications set forth in ORS 255.411 (2) and who intends to file an action alleging a qualifying district’s electoral system fails to comply with ORS 255.405 shall first notify the board of the qualifying district by certified mail. The notice shall: Be in writing; Identify and provide contact information for the individual w…