State Candidates Manual - Oregon Secretary of State

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State Candidate Manual Published by

Adopted by

Elections Division 255 Capitol St NE, Suite 501 Salem, OR 97310-0722

503 986 1518 fax 503 373 7414 tty 1 800 735 2900 www.oregonvotes.gov

Oregon Administrative Rule No. 165-010-0005

Secretary of State Dennis Richardson Elections Division Rev. 01/2018

Contents Contents Using This Manual Icons Assistance

Getting Started ORESTAR Types of Public Office Qualifications for Public Office Filing Methods for Public Office Multiple Nominations to Public Office Campaign Finance Reporting

Partisan Office All Candidates for Partisan Office

2 3 3 3

3 3 4 4 4 5 6

7 7

Qualifications for Partisan Office 8 Filing Requirements for Partisan Office 9 Partisan Office 10 Major Political Party Candidates 10 Filing by Fee Filing by Nominating Petition

Minor Political Party Candidates Nonaffiliated Candidates Individual Electors Assembly of Electors

Nonpartisan Office Candidates for Nonpartisan Office Nomination and Election

Qualifications for Nonpartisan Candidates Filing Requirements for Nonpartisan Office Nonpartisan Office Filing at the Primary Election

10 10

10 11 11 11

15 15 15

16 17 17 17

Filing by Fee Filing by Nominating Petition

17 18

Nonpartisan Office Filing at the General Election Candidate Withdrawal

18 18 18

Primary Election General Election

18 19

Write-In Candidates Error! Bookmark not defined.

Vacancies General Information Partisan Offices Nonpartisan Offices

20 20 21 22

Filing by Prospective Petition Requirements and Guidelines

23

Official Signature Sheets Signature Sheet Requirements Guidelines for Circulation Circulator Requirements Circulator Prohibitions Signer Requirements Signature Date Signer Prohibitions Certification of Signature Sheets

24 24 26 26 26 27 27 28 28

Guidelines for Completing Candidate Filing Forms 30 Additional Information Required 31 SEL 101 Candidate Filing – Major Political Party or Nonpartisan SEL 110 Candidate Filing – Minor Political Party SEL 114 Candidate Filing – Individual Electors SEL 115 Candidate Filing – Assembly of Electors SEL 141 Candidate Filing – Write-In – New Filing SEL 150 Candidate Filing - Withdrawal

Other Forms SEL 220 Statement of Organization for a Candidate Committee SEL 223 Campaign Account Information SEL 338 Petition Submission

List of Forms

31 32 33 33 34 34

35 35 35 35

36

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Using This Manual This manual explains the procedures and requirements for individuals interested in filing for public office. The filing officer for state candidates is the Elections Division of the Secretary of State's Office and in this manual, is referred to as the Elections Division. The filing officer for county candidates is the county elections official. The filing officer for city candidates is the city elections official. The filing officer for district candidates is the county elections official of the county where the administrative office of the district is located. See the County, City and District Candidates Manual if filing for an office in one of these jurisdictions.

Icons The following icons used in this manual are to emphasize information: alert icon indicates alert; warning; attention needed

info icon indicates additional information

deadline icon indicates a deadline

petition sheet icon indicates a reference to a signature sheet

form icon indicates a reference to a form

search icon indicates information located elsewhere

ORESTAR secure web-based electronic reporting system

Assistance If you have any questions about the material covered in this manual or need further assistance, please contact: Elections Division 255 Capitol St NE Suite 501 Salem OR 97310

[email protected] www.oregonvotes.gov

503 986 1518 fax 503 373 7414

1 866 673 8683 se habla español

tty 1 800 735 2900 for the hearing impaired

Getting Started ORESTAR ORESTAR is the Secretary of State’s secure web-based electronic reporting system for candidate filing, voters’ pamphlet filing, and all campaign finance reporting.

Forms are available online at www.oregonvotes.gov.

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Types of Public Office There are two types of public offices in Oregon, partisan and nonpartisan. Any person, who is registered to vote and meets the requirements of the office, can run for a partisan or nonpartisan office.

Partisan Offices A partisan office is an office for which a candidate may be nominated by a major or minor political party or as a nonaffiliated candidate. Major party candidates first run for office at the primary election while minor party and nonaffiliated candidates first run for office at the general election. Partisan Offices may include: US President, US Senator, US Representative, Governor, Secretary of State, State Treasurer, Attorney General, State Senator, and State Representative.

Nonpartisan Offices A nonpartisan office is an office for which a candidate does not run under the name of a political party. Nonpartisan Offices may include: Commissioner of the Bureau of Labor and Industries (Labor Commissioner), Judge (Supreme Court, Court of Appeals, Tax Court, Circuit Court, and a County Judge who exercises judicial functions), and District Attorney.

Qualifications for Public Office Qualifications for various public offices differ. Before filing for public office, a candidate should review the constitutional and statutory requirements for the office sought. The qualifications for most offices are provided on page 8 and page 16.

Filing Methods for Public Office Candidates who must file for public office in the primary election are:  Candidates who are members of a major party and  Candidates who are filing for nonpartisan offices.

Candidates may file for public office for the primary election by: 1 completing the candidate filing online through ORESTAR and paying the required filing fee, if any; See the ORESTAR User’s Manual: Candidacy Filing for instructions on filing electronically. or 2 completing the Form SEL 101 - Candidate Filing-Major Political Party or Nonpartisan and paying the required filling fee, if any; or 3 completing Form SEL 101 and submitting a nominating petition containing the required number of valid signatures. To ensure ballot access, a candidate may file a prospective petition and pay the filing fee at the same time. If the candidate submits the required number of valid signatures by 5 pm on the filing deadline the filing fee will be refunded.

Forms are available online at www.oregonvotes.gov.

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A prospective petition may be filed at any time, but not later than 5pm on the candidate filing deadline, March 6, 2018. See the Filing Requirements for filing fees and deadline to submit completed forms. In most cases, candidates nominated at the primary election automatically move forward to the general election ballot except in those offices that can be elected at the primary election. Candidates who must file for public office in the general election are:  Candidates who are nominated by a Minor Party and  Candidates who are not a member of any political party.

Candidates are nominated by a Minor Party if the minor party submits a completed notarized Form SEL 110 Candidate Filing - Minor Party. Nonaffiliated candidates who are not a member of any political party can run for office in two ways.  Nonaffiliated candidates can file as an Individual Elector and submit the Form SEL 114 Candidate Filing -

Individual Electors; or  Nonaffiliated candidates can file by holding an Assembly of Electors and submitting the Form SEL 115

Candidate Filing - Assembly of Electors. Both Individual Electors and the Assembly of Electors processes are outlined in this manual on pages 1114.

Submitting Forms and Documents Any signature sheet required to be filed must be personally delivered or mailed to the Elections Division. With the exception of petition signature sheets, completed and signed forms or documents may be:  scanned and emailed to Elections Division at [email protected];  faxed to 503 373 7414; or  mailed or personally delivered to 255 Capitol St NE, Ste 501, Salem, OR 97310.

The Elections Division will send most correspondence via email unless specifically required to be sent via the US Postal Service.

Multiple Nominations to Public Office In Oregon, candidates can be nominated by multiple political parties. Candidates nominated by more than one party or by other nominating processes may select up to three parties or designations to be printed with their name on the general election ballot. A candidate may designate the order in which the parties or designations will be listed. However, if a candidate for partisan office is nominated by the political party of which they are a member, that party will be listed first, followed by no more than two additional parties. In addition, if a nonaffiliated candidate is nominated by individual electors or an assembly of electors, the designation of nonaffiliated will be listed first, followed by no more than three additional parties.

Forms are available online at www.oregonvotes.gov.

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Not affiliated with any political party

Member of political party

When selecting political parties or other designations the following rules apply: Candidate is nominated by

Information and default order listed on ballot

Party of which candidate is a member

The party of which the candidate is a member is listed first. It is followed by no more than two additional parties listed in alphabetical order, unless the candidate specifies a different order.

Party of which the candidate is not a member

Not more than three political parties are listed in alphabetical order unless the candidate specifies a different order.

Individual or Assembly of Electors

The nonaffiliated designation is listed first. It is followed by not more than three political parties listed in alphabetical order unless the candidate specifies a different order.

Any political party

Not more than three political parties are listed in alphabetical order unless the candidate specifies a different order.

Campaign Finance Reporting Oregon campaign finance law requires each candidate to establish a campaign account and file a Statement of Organization designating a candidate committee not later than three business days after first receiving a contribution or making an expenditure. This requirement does not apply if the candidate is:  A candidate for federal office

Federal candidates may be required to report campaign finance activity with the Federal Elections Commission. or  A candidate who:

 serves as their own treasurer;  does not have an existing candidate committee; and  does not expect to receive or spend more than $750 during a calendar year. The $750 includes personal funds spent for any campaign-related costs, such as the candidate filing fee; however state voters’ pamphlet filing fees are not included when calculating contribution or expenditure totals. If at any time during a calendar year the candidate exceeds $750 in either contributions or expenditures, the candidate must: 

establish a campaign account and file a candidate committee not later than three business days after exceeding the $750 threshold and



either file a Certificate of Limited Contributions and Expenditure (if eligible) or file all transactions not later than seven calendar days after the threshold has been exceeded.

Forms are available online at www.oregonvotes.gov.

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Candidates that do not meet the exemption criteria above must file a candidate committee through ORESTAR or by completing and submitting the following paper forms: SEL 220 Statement of Organization for a Candidate Committee and SEL 223 Campaign Account Information. Campaign Finance law also requires the filing of transactions electronically. Committees must use ORESTAR to file campaign finance transactions electronically unless the committee is eligible to file a Certificate of Limited Contributions and Expenditures. For further details on campaign finance reporting requirements, candidates should review: The Campaign Finance Manual, and the ORESTAR User's Manuals available at www.oregonvotes.gov.

Partisan Office All Candidates for Partisan Office Procedures for filing for a partisan office are explained in the following sections. It is very important to review the procedures thoroughly and follow the instructions completely. Failure to follow the instructions contained in this manual may invalidate the nomination. Major party candidates in a primary election will need to complete their candidacy filing in ORESTAR or by submitting a paper form. They must also either pay the filing fee or submit signatures in lieu of paying the filing fee. Minor party or nonaffiliated candidates in the general election must file paper forms. See Filing Requirements for Partisan Office on page 9 for filing fees and the deadline to submit completed forms. A person may only file for one lucrative office at an election. All filings are invalid unless the person has withdrawn from any previous filing. ORS 249.013 An office is considered lucrative if a salary or other compensation beyond expenses is attached to it; it is created by statute or the constitution; its holder exercises part of the sovereign power of government; it is a matter of public concern; and the position is not temporary or intermittent. A major political party candidate who failed to receive their party’s nomination at the primary election may not be the candidate of any other political party or become a nonaffiliated candidate for the same office at the general election. ORS 249.048 There are four ways an individual can be nominated to appear on the general or special election ballot: 

By a major political party nomination at the primary election;



By a recognized minor political party at a nominating convention held in accordance with state law or party bylaws;



By filing a completed individual electors petition containing the required number of valid signatures; or



By convening an assembly of electors and filing the assembly minutes containing the required number of valid signatures. Forms are available online at www.oregonvotes.gov.

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Qualifications for Partisan Office All Candidates must be an Elector. Office

Age Residency

Term of Office

Special Requirements

Vacancies

President

35

Natural born citizen and resident within US for 14 years prior to election US Const, Art II, §1 US citizen for 9 years prior to election and inhabitant of state at time of election US Const., Art. I, §3 US citizen for 7 years prior to election and inhabitant of state at time of election US Const., Art. I, §2 US citizen and resident of state for 3 years prior to election OR Const., Art V, §2

4 years US Const, Art II, §1

May serve two consecutive terms US Const. Amend XXIII

Succession order l. Vice President 2.Speaker of the House US Const., Art II, §1 Special election held US Const., Art I ORS 188.120

US Senator

30

US Representative

25

Governor

30

4 years OR Const., Art V §7

Term limited to 8 years in any period of 12 years OR Const., Art V, §1

Secretary of State

18

Resident of state

4 years OR Const., Art VI, §1

Term limited to 8 years in any period of 12 years OR Const., Art VI, §1

State Treasurer

18

Resident of state

4 years OR Const., Art VI, §1

Term limited to 8 years in any period of 12 years OR Const., Art VI, §1

Attorney General

18

Resident of state

4 years ORS 180.020

State Senator

21

Inhabitant of district 1 year prior to election OR Const., Art IV, §8

4 years OR Const., Art IV, §4

State Representative

21

Inhabitant of district 1 year prior to election OR Const., Art. IV, §8

2 years OR Const., Art IV, §4

6 years US Const, Art II, §1

Special election held US Const., Art I ORS 188.120

2 years US Const, Art II, §1

Succession order: 1. Secretary of State 2. State Treasurer 3. President of the Senate 4. Speaker of the House OR Const., Art. V §8a Governor appoints qualified person until successor is elected at the next general election OR Const., Art. V §16 Governor appoints qualified person until successor is elected at the next general election OR Const., Art. V §16 Governor appoints qualified person until successor is elected at the next general election OR Const., Art. V §16 ORS 180.040 County governing body appoints qualified person from party nominees ORS 171.051 County governing body appoints qualified person from party nominees ORS 171.051

Forms are available online at www.oregonvotes.gov.

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Filing Requirements for Partisan Office Office

Major Party

Minor Party

Individual Electors

Assembly of Electors

Fee or Required Signatures

First Day to File

September 7, 2017

May 30, 2018

May 30, 2018

May 30, 2018

Last Day to File

March 6, 2018

August 28, 2018

August 28, 2018

August 28, 2018

Last Day to Withdraw

March 9, 2018

August 31, 2018

August 31, 2018

August 31, 2018

N/A

August 14, 2018

August 14, 2018

August 14, 2018

August 14, 2018

Last Day to Submit Signatures for Guarenteed Verification Governor Secretary of State, State Treasurer, or Attorney General

February 20, 2018

State Senator or Representative

February 20, 2018

If at least 100% of the required signatures are submitted no later than the deadline dates above, the elections official will verify signatures so that they may be submitted as required for Presidential, Individual Electors and Assembly of Elector candidates or in lieu of payment for the offices of Governor, Secretary of State, State Treasurer, Attorney General, State Senate and State Representative. Signatures submitted after this date may not be verified by the filing deadline.

Fee or Signature Requirements: US Senator, Governor, Secretary of State, State Treasurer or Attorney General

Fee: $150 US Senator $100 all others or Petition: Include the lesser of either 1,000 signatures or 2% of the number of votes cast for the candidates of that major political party for presidential electors at the last presidential election. Signatures must be obtained from at least seven counties and be comprised of electors from 5% of the precincts in each of those counties.

Nominating convention held in accordance with state law or party bylaws

20,014 signatures

1,000 signatures obtained at a nominating convention held in one place at one time during a 12 hour period of time

US Representative

Fee: $100 or Petition: Include the lesser of either 1,000 signatures or 2% of the number of votes cast in the district for the candidates of that major political party for presidential electors at the last presidential election. Signatures must be obtained from at least 5% of the precincts in one-fourth of the counties in the congressional district.

Nominating convention held in accordance with state law or party bylaws

Number of signatures equal to 1% of the number of votes cast in the district for president

500 signatures obtained at a nominating convention held in one place at one time during a 12 hour period of time

State Senator or Representative

Fee: $25 or Petition: Include the lesser of either 500 signatures or 2% of the number of votes cast in the district for the candidates of that major political party for presidential electors at the last presidential election. If the district is within one county, signatures must be obtained from 10% of the precincts. If the district is in more than one county, signatures must be obtained from at least two counties and be comprised of electors from 6% of the precincts in each of those counties.

Nominating convention held in accordance with state law or party bylaws

Number of signatures equal to 1% of the number of votes cast in the district for president

250 signatures obtained at a nominating convention held in one place at one time during a 12 hour period of time

Forms are available online at www.oregonvotes.gov.

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Partisan Office Major Political Party Candidates Most major political party candidates may file for partisan office by submitting a declaration of candidacy and paying the filing fee or by submitting a completed nominating petition containing the required number of valid signatures. Major political party candidates must have been registered to vote as a member of that political party by September 7, 2017. Exceptions are allowed if the candidate’s registration is inactive or the candidate will turn 18 between September 7, 2017 and March 6, 2018. ORS 249.046

Filing by Fee ORS 249.056 Filing by fee is only available for candidates who file in a primary or special election. Candidates may file their candidacy: online through ORESTAR See the ORESTAR User’s Manual: Candidate Filing. or by completing form SEL 101 Candidate Filing – Major Political Party or Nonpartisan.

Filing by Nominating Petition ORS 249.008, 249.020, 249.031, 249.035, and 249.061-249.076 Petitions may be circulated in lieu of paying a filing fee. All signatures must be of active registered voters within the district and members of the same political party. To file by completed nominating petition, candidates complete the filing process as outlined in the Filing by Prospective Petitions Requirements and Guidelines section on pages 23-29 of this manual.

Minor Political Party Candidates ORS 249.705 Minor political parties may nominate candidates for any partisan office in a general or special election, including federal and state offices, as long as the party has been established within the electoral district and maintains the necessary requirements. Only a statewide minor political party may nominate candidates for the offices of US President, US Senator, US Representative, Governor, Secretary of State, State Treasurer, or Attorney General. Contact the Elections Division for a list of recognized minor political parties in Oregon and the districts in which they are established or go to www.oregonvotes.gov A minor political party nominates candidates, including for the office of US President, by convening nominating conventions that comply with state law or party bylaws. Candidates that are nominated by a recognized minor political party complete and file the following form with the Elections Division: SEL 110 Candidate Filing – Minor Political Party with a notarized Candidate Nomination Certificate executed by a party officer.

Forms are available online at www.oregonvotes.gov.

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Nonaffiliated Candidates Candidates who are not members of any political party may file for partisan office in a general or special election by submitting a completed individual elector nominating petition containing the required number of valid signatures, or by holding an assembly of electors and filing the assembly minutes that contain the required number of valid signatures of active Oregon voters. The name of a candidate nominated to the ballot through either the individual elector or assembly of electors’ process will appear on the ballot with the designation of nonaffiliated. To qualify for nomination by individual electors, or to conduct an assembly of electors, a candidate must be registered to vote as a nonaffiliated voter as of March 1, 2018.

Individual Electors ORS 249.740 To be nominated by individual electors the candidate needs to obtain the required number of valid signatures from active registered Oregon voters in the district in which the candidate is running. This process can begin prior to the first day to file candidacy for the general election.

Prospective Petition Prior to obtaining any signatures, candidates must file the following form to begin the signature sheet approval process: SEL 114 Candidate Filing – Individual Electors marked Prospective Petition and designating circulator pay status. See Filing by Prospective Petition Requirements and Guidelines on pages 23-29. Candidates filing by individual electors will be provided a signature sheet template by the Elections Division. The signature sheet will include the petition number, candidate name, name of office for which the candidate is running, the election for which the candidate is filing, and the district or position number.

Assembly of Electors ORS 249.735-249.737 An assembly of electors is a nominating convention of active Oregon registered voters gathered in one place at one time. The convention must be held in a 12 hour period to nominate nonaffiliated candidates to partisan office. The assembly is conducted by a presiding officer, and nominations are recorded by the assembly secretary in the minutes. The minutes also include the signatures of the assembly participants. The date, time, and place of the assembly must be scheduled in coordination with the Elections Division to enable them to attend and supervise the nominating convention. All signatures must be from active voters registered in Oregon and in the district. This process can begin prior to the first day to file candidacy for the general election, but candidates are strongly advised to hold an assembly by August 14, 2018. An assembly held on or between May 30, 2018 and August 14, 2018 will ensure enough time for signature verification before the candidate filing deadline of August 28, 2018. For an assembly held after August 14, 2018 but before the filing deadline, the Elections Division cannot guarantee that signature verification will be completed before the candidate filing deadline, which could result in a candidate being unable to run for office. Forms are available online at www.oregonvotes.gov.

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1 Prospective Petition To begin the assembly process the candidate or presiding officer files: Form SEL 115 Candidate Filing – Assembly of Electors signed only by the candidate.

2 Approval to Schedule Assembly After receiving form SEL 115, the Elections Division reviews for the required information and if complete, provides written approval to organize and schedule the assembly of electors.

3 Determining Assembly Logistics The candidate or presiding officer must coordinate with the Elections Division to:  Determine a mutually convenient time to conduct the assembly

and  Review assembly requirements.

4 Publish Notice of Assembly Once scheduled, a notice of assembly of electors must be published at least once in a minimum of three newspapers of general circulation in the electoral district in which the assembly seeks to nominate candidates. The notice must contain all of the following:  Time and place of the assembly;  Office or offices for which nominations will be made;

and 

The names and addresses of at least 25 active registered voters who want the assembly held and who are eligible to participate. The 25 voter names may be submitted to the Elections Division prior to publication to ensure they are active registered voters.

5 File Notice To receive final approval to convene the assembly the candidate or presiding officer files with the Elections Division:  A copy of the published notice.

The notice must be published and filed with the Elections Division no later than the 10th day before the nominating convention. ORS 249.735(3) If the published notice is not filed timely with the Elections Division or does not meet the requirements, the assembly of electors will be cancelled. In coordination with the Elections Division, the candidate or presiding officer may reschedule the assembly.

6 Obtain Affidavit for Proof of Publication An affidavit for proof of the published notice must be obtained from the newspaper. The affidavit must be attached to a copy of the notice and signed by one of the following:  the newspaper’s owner;  editor;  publisher;  manager; Forms are available online at www.oregonvotes.gov.

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 advertising manager;  principal clerk of owner/editor/manager.

or  printer or printer’s foreperson.

The affidavit is not submitted until the candidate or presiding officer files the completed petition with the Elections Division.

7 Approval to Convene Assembly Once the candidate or presiding officer files the required information, the Elections Division will review it for completeness. If complete, the Elections Division will provide written approval to conduct the assembly of electors that will include:  petition number;  number of signatures required;  filing deadline;

and  signature sheet template.

Candidates filing by assembly of electors will be provided a signature sheet template to use for gathering signatures.

8 Convening the Assembly of Electors The presiding officer is advised to have more than the required number of participants attend to ensure the minutes contain a sufficient number of valid signatures of active voters. Upon convening the assembly, the presiding officer must explain:  the nominating convention is held in one day in one location and must be completed within twelve hours

or the process must begin again;  assembly participants must be active registered voters within the electoral districts from which the

assembly is nominating candidates;  candidates may only be nominated for offices published in the notice;  the candidate receiving the highest number of votes will be the nominee of the assembly for that office;  only assembly participants who are active voters may sign approved signature sheets;

and  once the required number of registered voters are present they must remain in the assembly location

until candidates have been nominated, signature sheets are signed, and the convention is adjourned.

9 Vacancy in Nomination If a vacancy in nomination occurs, it may be filled in either of the following ways:  The presiding officer may reconvene the assembly following the same rules as the original assembly. (The

assembly is considered the same assembly if the presiding officer and secretary are the same as during the original assembly.) or Forms are available online at www.oregonvotes.gov.

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 A committee designated by the original assembly selects a nominee to fill the vacancy. The committee

must have been appointed by vote during the original assembly and be comprised of at least two persons as indicated on form SEL 116. The committee only has the authority to select a nominee to fill the vacancy if the petition has the required number of signatures. In either situation, a certificate of nomination designating the nominee filling the vacancy must be completed and filed with the Elections Division. The vacancy must be filled no later than the 70th day before the general election, August 28, 2018.

10 Adjourning the Assembly of Electors After the assembly has completed the nomination process and selected the committee to fill vacancies, if any, the assembly is adjourned. The Elections Division collects all completed signature sheets.

11 Signature Verification The Elections Division must receive signature sheets for verification no later than August 14, 2018, to ensure sufficient time for the verification process to be completed prior to 5 pm on the filing deadline, August 28, 2018. Candidates are advised that signature sheets received after August 14, 2018 might not be processed in time for the candidate to run for office. Before submitting the signature sheets for verification, the presiding officer must:  ensure each signature sheet certification is signed and dated by the circulator

and  sort the signature sheets by county, if required.

The Elections Division verifies the original signatures against the voters’ registration record.

12 Completing a Petition To complete the petition process the candidate or presiding officer must submit to the Elections Division: Form SEL 115 Candidate Filing – Assembly of Electors with the Certificate of Nomination executed by the presiding officer and secretary of the assembly and notarized; The Certificate of Nomination may be executed and notarized on a copy of the SEL 115 originally submitted. If executed and notarized on a new SEL 115 all sections of the form must be completed in its entirety.  signature sheets that contain the required number of valid signatures;

and  proof of published notice affidavit.

13 Signature Tally The Elections Division reviews each signature sheet to ensure that the circulator’s certification is sufficient. After reviewing the sheets, the Elections Division tabulates the number of valid signatures contained on the accepted signature sheets and notifies the candidate and presiding officer of the final tally.

Forms are available online at www.oregonvotes.gov.

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Nonpartisan Office Candidates for Nonpartisan Office The Elections Division is the filing officer for all statewide nonpartisan offices, as well as Circuit Court, District Attorney, and County Judges who exercise judicial functions. The procedures for filing for nonpartisan office are explained in the following sections. It is very important to review the procedures thoroughly and follow the instructions completely. Failure to follow the instructions contained in this manual may invalidate the nomination. Candidates for nonpartisan office in the primary election may file their candidacy: online through ORESTAR See the ORESTAR User’s Manual: Candidate Filing. or by completing the Form SEL 101 Candidate Filing – Major Political Party or Nonpartisan. See Filing Requirements for Nonpartisan Offices on page 17 for the filing fees and candidacy filing deadlines. If a vacancy in office occurs after the filing deadline for the primary election but before the filing deadline for the general election, candidates will file: Form SEL 101 Candidate Filing – Major Political Party or Nonpartisan and  pay by filing fee or completed nominating petition containing the required number of valid signatures.

To ensure ballot access, a candidate may file a prospective petition and pay the filing fee at the same time. If the candidate submits the required number of valid signatures by 5 pm on the filing deadline the filing fee will be refunded. A prospective petition may be filed at any time, but not later than 5 pm on the candidate filing deadline, March 6, 2018. See the Filing Requirements for filing fees and deadline to submit completed forms.

Nomination and Election ORS 249.088 and 249.091 In some circumstances, nonpartisan candidates may be elected at the primary election. Nonpartisan candidates that may be elected at the primary include any candidate that receives a majority of the votes cast except for:  an office that is on the ballot to fill a vacancy that, if not for the vacancy, would not have normally been

on the ballot in that year or  an office that must be elected at the general election.

The office will only appear on the primary election ballot if three or more candidates file for that office. If one of the candidates receives a majority of the votes cast, that candidate will be the nominee and will appear on the general election ballot. If none of the candidates receives a majority of the votes cast, the two candidates with the most votes are the nominees and will appear on the general election ballot. When one or two candidates file for an office that must be elected at the general election, those candidate(s) are the nominees and will appear on the general election ballot for that office. Candidates for these offices must file no later than the filing deadline for the primary election, even if the office will only appear on the general election ballot. Forms are available online at www.oregonvotes.gov.

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Qualifications for Nonpartisan Candidates All Candidates must be an Elector. Office

Age

Residency

Term of Office

Special Requirements

Vacancies

Commissioner of the Bureau of Labor and Industries

18

Citizen of Oregon and resident of state 5 years prior to election ORS 651.030

4 years ORS 651.030

Supreme Court Judge

Not older than 75

Resident of state 3 years prior to election or appointment ORS 2.020

6 years (must retire at end of calendar year in which judge attains age of 75) OR Const., Art VII §1 and 1a

Must be admitted to practice law in the Oregon Supreme Court at time of election or appointment ORS 2.020

Governor appoints qualified person to serve until successor is elected

Appeals Court Judge

Not older than 75

Elector of county of residence ORS 2.540

6 years (must retire at end of calendar year in which judge attains age of 75) OR Const., Art VII §1 and 1a

Must be admitted to practice law in the state ORS 2.540

Governor appoints qualified person to serve until successor is elected

Tax Court Judge

Not older than 75

Resident of state ORS 305.455

6 years (must retire at end of calendar year in which judge attains age of 75) OR Const., Art VII §1 and 1a ORS 305.452

Must be admitted to practice law in the Oregon Supreme Court and been engaged in active practice for 3 years prior to election or appointment ORS 305.455

Governor appoints qualified person to serve until successor is elected

Circuit Court Judge

Not older than 75

Resident of state 3 years prior to filing for candidacy or appointment; residence or principal office in judicial district for at least one year prior to filing for candidacy or appointment, as provided in ORS 3.041

6 years (must retire at end of calendar year in which judge attains age of 75) OR Const., Art VII §1 and 1a

Must be a member of the Oregon State Bar at time of election or appointment ORS 3.050

Governor appoints qualified person to serve until successor is elected

District Attorney

18

Resident of state

4 years ORS 8.610

Must be admitted to practice law in the Oregon Supreme Court at time of election or appointment ORS 8.630

Governor appoints qualified person to serve until successor is elected

County Judge Who Exercises Judicial Functions

Not older than 75

Resident of county one year prior to election ORS 204.016

6 years (must retire at end of calendar year in which judge attains age of 75) OR Const., Art VII §1 and 1a

Governor appoints qualified person to serve until successor is elected

Governor appoints qualified person to serve until successor is elected

An incumbent circuit court judge may use the location where they preside to satisfy the principal office requirement.

Forms are available online at www.oregonvotes.gov.

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Filing Requirements for Nonpartisan Office Primary Election

General Election

First Day to File

September 7, 2017

May 30, 2018

Last Day to File

March 6, 2018

August 28, 2018

Last Day to Withdraw

March 9, 2018

August 31, 2018

Fee

Required Signatures

Office Labor Commissioner Supreme Court Judge, Appeals Court Judge or Tax Court Judge

$100

or

The lesser of either 1,000 signatures or 1% of the number of votes cast in the state for governor at the most recent election at which a candidate for Governor was elected to a full term. Signatures must be obtained from at least seven counties and be comprised of electors from 5% of the precincts in each of those counties

Circuit Court Judge, District Attorney or County Judge Who Exercises Judicial Functions

$50

or

The lesser of either 500 signatures or 1% of the number of votes cast in the district for governor If the district is in more than one county, signatures must be obtained from at least 6% of the precincts in each county.

Nonpartisan Office Filing at the Primary Election Filing by Fee ORS 249.056 Candidates for nonpartisan office in the primary election: File their candidacy through ORESTAR See the ORESTAR User’s Manual: Candidate Filing for instructions on filing electronically. or File form SEL 101 Candidate Filing – Major Political Party or Nonpartisan form and either pay the required filing fee or file completed nominating petition containing the required number of valid signatures. In cases where a vacancy in office occurs after the filing deadline for the primary election but before the filing deadline for the general election, candidates will file form SEL 101 no sooner than May 30, 2018 but no later than August 28, 2018.

Forms are available online at www.oregonvotes.gov.

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Filing by Nominating Petition ORS 249.008, 249.020, 249.031, 249.035, and 249.061-249.076 All signatures must be of active registered voters within the district.

Prospective Petition To begin the signature sheet approval process candidates must: File form SEL 101 indicating prospective petition on the form and designating circulator pay status. See the Filing by Prospective Petition Requirements and Guidelines on pages 23-29 for instructions. The Elections Division reviews each signature sheet to ensure sheets are sorted by county and that the circulator’s certification is sufficient. After reviewing the sheets, the Elections Division tabulates the number of valid signatures contained on the accepted signature sheets and notifies the candidate. If the Elections Division determines the petition does not contain the required number of valid signatures and the filing deadline has not passed, the candidate may submit additional signatures.

Nonpartisan Office Filing at the General Election Only in the case of a vacancy after the filing deadline for the primary election and prior to the filing deadline for the general election will nonpartisan positions be open for filing in a general election. If a position does become vacant, the candidate can file by fee or by petition. The candidate filing by petition needs to refer to the filing process on pages 23-29. The signature sheets must be submitted to the elections division for verification no later than 5 pm on the filing deadline, August 28, 2018. To ensure ballot access, a candidate may file a prospective petition and pay the filing fee at the same time. If the candidate submits the required number of valid signatures by 5 pm on the filing deadline the filing fee will be refunded. A prospective petition may be filed at any time, but not later than 5 pm on the candidate filing deadline, March 6, 2018. See the Filing Requirements for filing fees and deadline to submit completed forms.

Candidate Withdrawal ORS 249.170, 249.180, and 249.830 To withdraw from candidacy or nomination, candidates must provide and attest to the reason for withdrawal. A candidate must complete and file form SEL 150 with the Elections Division.

Primary Election If the candidate files for office electronically in the ORESTAR system the candidate will need to log into ORESTAR and process the withdrawal of their candidacy. See the ORESTAR User’s Manual: Candidacy Filing for instructions on filing electronically. or File Form SEL 150 Candidate Filing - Withdrawal Forms are available online at www.oregonvotes.gov.

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The candidate must provide and attest to the reason for withdrawal. Forms missing this information will not be accepted.

General Election Form SEL 150 Candidate Filing - Withdrawal The candidate must provide and attest to the reason for withdrawal. Forms missing this information will not be accepted. If a complete SEL 150 is not filed with the Elections Division by the deadline, the candidate’s name will remain on the ballot. If a candidate filed by fee, a refund will be processed upon approval of the withdrawal submission. Deadline to Withdraw Primary Election

General Election

March 9, 2018

August 31, 2018

Write-In Candidates ORS 254.548 Oregon voters have the option to write-in the name of an individual other than the candidate whose name is printed on the ballot for each office listed on the ballot. Write-in votes are tallied together with a lump sum recorded for each office unless there is no candidate on the ballot or the total number of write-in votes equals or exceeds the candidate with the most votes. A candidate seeking nomination or election A candidate seeking nomination or election to office by write-in does not complete any candidate filing forms but may be required to establish a dedicated campaign bank account and file a Statement of Organization designating a candidate committee. See the Campaign Finance Manual and the ORESTAR User's Manuals available at www.oregonvotes.gov. An individual who is nominated or elected If any individual is nominated or elected by write-in votes, the procedures for accepting the nomination or office by the deadline dates are explained below:

Notification The Elections Division notifies the candidate by sending: Form SEL 140 Candidate Filing – Write-In Acceptance – Primary filing or Form SEL 141 Candidate Filing – Write-In Acceptance – New Filing.

Forms are available online at www.oregonvotes.gov.

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Acceptance of Nomination or Office To accept the nomination or office, the candidate completes, signs, and returns the write-in form to the Elections Division by the acceptance deadline date. Candidates should use:  SEL 140, for nominees whose name appeared on the Primary ballot

or  SEL 141, for nominees whose name did not appear on the Primary or General Election ballot.

Certificate of Nomination or Election Upon receipt of the completed and signed SEL 140 or SEL 141, the Elections Division prepares and delivers a certificate of nomination or election to the candidate and if applicable, issues a proclamation of election. If a write-in candidate who is nominated or elected does not qualify or does not accept the office, the party will fill the vacancy in nomination for the Primary Election. Deadline to Complete Write-In Process Notification: Acceptance: Certificate:

Primary Election June 11, 2018 June 19, 2018 June 24, 2018

General Election December 3, 2018 December 11, 2018 December 16, 2018

Vacancies General Information A vacancy can occur at any time during a term of office, even before the person takes the oath of office or shortly before the term ends. Reasons for vacancies vary depending on the specific office, including death, resignation, expulsion, disqualification, or recall.  When a vacancy occurs in any statewide office except Governor, the Governor will appoint someone to fill

the vacancy. OR Constitution V §16  A member of the Legislative Assembly must file their resignation in writing with the Secretary of State.

ORS 171.023 and 236.320  Resignations for public office shall be in writing and filed with the following filing officers (does not apply

to the office of Governor) ORS 236.320:  Secretary of State, State Treasurer, and all officers elected by the legislature send resignations to the Governor.  Office holders who hold their offices by election send resignations to the officer authorized by law to order a special election to fill the resulting vacancy.  All other officers holding their offices by appointment send resignations to the body, board, or officer that appointed them. See below for the appropriate office for additional information.  A public office holder may resign from their office effective at a future date that is prior to the expiration

of the term of office. A resignation is binding unless withdrawn in writing by the end of the third business day after the resignation is made. ORS 236.325. Forms are available online at www.oregonvotes.gov.

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 If a vacancy occurs in a partisan elective office after the 80th day and before the 70th day before the

primary election, a nominating petition or declaration of candidacy may be filed not later than the 65th day before the primary election. ORS 249.037 (2).

Partisan Offices Vacancy of a US Senator or US Representative: ORS 188.120 If a vacancy in election or office of US Senator or US Representative occurs before the 61st day before the general election, the Governor shall call a special election to fill that vacancy. If a vacancy in election or office of US Senator occurs after the 62nd day but on or before the general election, and if the term of that office will not be on the ballot at that election, the Governor shall call a special election to fill the vacancy as soon as possible after the general election. If a special election to fill the vacancy is called before the 80th day after the vacancy occurs, each political party shall select its nominee, if any, and certify the name of the nominee to the Secretary of State. The Secretary of State shall place the name of the nominee on the ballot. If a special election is called after the 79th day after the vacancy occurs, the Secretary of State will conduct a special primary election for nomination of candidates of major political parties. Major party candidates must file their declaration of candidacy not later than the 10th day following the issuance of the writ of election. Minor parties may select their nominee, if any, and certify the name of the nominee to the Secretary of State When necessary, the Elections Division will provide an administrative rule setting the date of the election(s) and the applicable filing deadlines.

Vacancy in Governor OR Constitution V § 8a In event of a vacancy in the office of Governor before the 61st day before the first general election held in the term of office, the Secretary of State will discharge the duties of the office as prescribed by law. If the Secretary of State is unable, then the State Treasurer; followed by the President of the Senate; then the Speaker of the House of Representatives, until the disability be removed, or a Governor is elected at the next general election. The Governor elected to fill the vacancy shall hold the office until the next general election. A vacancy in the office of Governor that occurs after the 61st day before the first general election held in the term of office, the Secretary of State will discharge the duties of the office as prescribed by law. If the Secretary of State is unable, then the State Treasurer; followed by the President of the Senate; then the Speaker of the House of Representatives, until the disability be removed, or a Governor is elected for a full term at the next general election.

Vacancy in the office of Secretary of State, State Treasurer, Attorney General The Governor will fill vacancies in the office of Secretary of State, State Treasurer, and Attorney General.  Vacancies in each of these offices that occur before the 61st day before the first general election held in

that term of office, are filled at that general election for the remainder of the term.

Forms are available online at www.oregonvotes.gov.

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Vacancy in the office of State Senate or State Representative ORS 171.051-171.068 When a vacancy occurs in a legislative office the vacancy shall be filled by appointment if:  The vacancy occurs during any legislative session.  The vacancy occurs in the office of State Representative before the 61st day before the general election.  The vacancy occurs in the office of State Senate before the 61st day before the first general election where

the office would not have normally appeared on the ballot. The office will appear on that general election ballot and the term of office will be two years.  The vacancy occurs in the office of State Senate any time after the 62nd day before the first general

election and before the 61st day of the second general election where the office would normally appear on the ballot. The term of office will be four years. or  A special session of the legislature will convene before a successor can be elected as qualified.

The timeline for filling the vacancy begins upon the effective date of the resignation or the date the vacancy occurs. If the effective date of the resignation is in the future, the public officer is allowed three business days after the resignation letter is received to withdraw; otherwise, the resignation is effective the same day at 5 pm. The vacancy will be filled by the same party of the person who vacated the office, ORS 236.100. The party will nominate no less than three but no more than five people and the appointment will be filled by the county court or county commissioners of the vacated district. However, the appointing authority (county court or board of county commissioners within the legislative districts) may choose to begin the process to fill the vacancy prior to the effective date of the resignation if they notify the Secretary of State as required under ORS 236.325{3). Vacancies are filled within 30 days after the effective date of the resignation or date the vacancy occurs.

Nonpartisan Offices ORS 249.088 and 249.091 When the office is not affiliated with a major political party, the Governor shall fill the vacancy.

Commissioner of the Bureau of Labor and Industries. The Governor will fill a vacancy in the office of Commissioner of the Bureau of Labor and Industries that occurs after the 61st day before the first general election held in that term of office. The appointee will complete the remainder of the term. If the vacancy occurs on or before the 70th day before the primary election and on or before the 62nd day before the general election a candidate may file for the office by:  An assembly of electors who may select a nominee and submit certificates of nomination;  Individual electors; or  Declaration of candidacy.

Forms are available online at www.oregonvotes.gov.

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Judicial OR Constitution V §16 and VII §1 When a vacancy occurs in the office of judge of any court, the Governor will fill the vacancy. The appointee serves until the next election. The term of the office will be six years that begins the first Monday of January of the next odd numbered year. If the office was vacated on or before the 70th day before the primary election, all candidates for that office must file by the primary election candidate filing deadline, regardless of which election the office is elected. The following scenarios may apply: If the office was regularly scheduled to be on the ballot at the next election, the office will appear on the primary election ballot. If a candidate receives a majority of the votes cast, (50%+ 1), that person will be elected at the primary election for a new full term and the office will not appear on the general election ballot.  If no candidate receives a majority of the votes cast, the two candidates who received the most votes will appear on the general election ballot. If the office was not regularly scheduled to be on the ballot:  The office will be placed on the primary election ballot if three or more candidates file for the position.  If one candidate receives a majority of the votes cast at the primary election, (50%+ 1), only that

candidate’s name will appear on the general election ballot.  If no candidate receives a majority of the votes cast, the two candidates who received the most votes will

appear on the general election ballot.  If no more than two candidates file, the office will not be on the Primary election ballot but will be placed

directly on the general election ballot.

District Attorneys ORS 8.640 When a vacancy occurs in the office of district attorney, the Governor must appoint a person to fill the vacancy until the next election and qualification of a successor at the next general election. The term of office for the individual elected will be four years beginning the first Monday of January of the next odd numbered year.

Filing by Prospective Petition Requirements and Guidelines The requirements and guidelines for obtaining and circulating candidate nominating petition signature sheets are explained in the following sections.

Prospective Petition For a primary or a special election To begin the signature sheet approval process candidates must file their candidacy by submitting the appropriate candidate filing form and marking prospective petition if applicable.

Forms are available online at www.oregonvotes.gov.

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For major party and nonpartisan candidates: To ensure ballot access, a candidate may file a prospective petition and pay the filing fee at the same time. If the candidate submits the required number of valid signatures by 5 pm on the filing deadline, the filing fee will be refunded. Once their candidacy filing is processed by the Elections Division, the candidate will be provided a signature sheet template to use when gathering signatures.

Official Signature Sheets ORS 249.031, 249.061, and 249.064 The Elections Division will prepare official templates that state candidates must use to collect signatures. Candidate nominating petitions cannot be circulated using an electronic signature sheet. Any proposed variation to the approved signature sheet must be resubmitted and approved in writing by the elections official before circulating.

Signature Sheet Requirements Each signature sheet must meet the following formatting requirements:  standard 8½ x 11 size paper, or equivalent;  at least 20 pound uncoated paper, or equivalent;

and  printed on white or colored paper stock to enable elections officials to readily verify signatures. Colored paper must be approved by the Elections Division before circulating.

1 Approval to Circulate After receiving the filing, the Elections Division reviews the form for required information and if complete, will provide written approval to circulate the prospective nominating petition which includes:  petition number;  number of signatures required;  filing deadline;

and  signature sheet template. Candidates will be provided a signature sheet template by the Elections Division to use when gathering signatures.

2 Gathering Petition Signatures Once the petition has been approved to circulate, but before collecting any signatures, the candidate must review with circulators the legal requirements and guidelines for circulating a candidate-nominating petition. After reviewing the legal requirements and guidelines, the candidate may begin gathering signatures. A candidate is advised to obtain more than the required number of signatures to ensure the petition has a sufficient number of valid signatures. Failure to comply with the legal requirements will result in rejection of those sheets.

Forms are available online at www.oregonvotes.gov.

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3 Signature Verification The candidate submits the signature sheets to the Elections Division for verification no later than the candidate filing deadline. Before submitting the signature sheets for verification, the candidate must:  ensure each signature sheet certification is signed and dated by the circulator and  sort the signature sheets by county, if required. The Elections Division verifies the original signatures against the voters’ registration record. The Elections Division will only accept signature sheets after the candidate believes they have collected at least 100% of the signatures required.

4 Completing a Petition To complete the petition process, a candidate must file with the Elections Division: Form SEL 338 - Petition Submission – Candidates, Voters’ Pamphlet and  the signature sheets that contain the required number of verified valid signatures.

The Elections Division reviews each signature sheet to ensure sheets are sorted by county if required, and that the circulator’s certification is sufficient. After reviewing the sheets, the Elections Division tabulates the number of valid signatures contained on the accepted signature sheets and notifies the candidate. If the Elections Division determines the petition does not contain the required number of valid signatures and the filing deadline has not passed, the candidate may submit additional signatures. The process must be completed prior to the candidate filing deadline.

Forms are available online at www.oregonvotes.gov.

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Guidelines for Circulation ORS 249.061 To ensure compliance with circulating requirements, candidates must educate circulators on the guidelines for circulating and monitor their activities. A circulator is an individual who asks voters to sign a petition and signs the petition as a circulator. They are also called petition circulator, signature gatherer, and signature collector. While some are volunteers and others paid professionals, every circulator must follow the requirements and guidelines for circulating petitions.

Circulator Requirements Each circulator must: 



Personally witness each signature collected.

What this means:  Watch the person sign the petition.

It is not sufficient to merely be present in the same room or vicinity.

Complete the circulator certification after witnessing all signatures collected on a sheet.



Sign the certification using a legal signature. A legal signature is defined as a signature possessing obvious and predominantly matching characteristics to signatures on file from a paid circulator’s registration, signatures in the Oregon voter registration file, or the signature on an official government document.

Initials, signature stamps, illegible or printed script are not sufficient unless verified by exemplar. 

Provide the date when the certification was signed.

 The date must be provided in month, day, year order if

written in all numbers.

A circulator’s failure to comply with these requirements may result in the rejection of the petition signature sheets and a felony conviction for the circulator.

Circulator Prohibitions It is against the law for circulators to knowingly: 

circulate a petition containing a false signature;



attempt to obtain the signature of a person who is not qualified to sign the petition; Only active Oregon registered voters may sign a petition.



make false statements to any person who signs the petition or requests information about it ;



offer money or anything of value to another person to sign or not sign the petition;



sell or offer to sell signature sheets; or



write, alter, correct, clarify or obscure any information about the signers unless the signer initials after the changes are made A circulator may assist a disabled signer who requests assistance in completing their printed name, address and date signed. In such a case, no initials are required. Violations of the circulator requirements may result in conviction of a felony with a fine of up to $125,000 and/or prison for up to 5 years. ORS 260.715, 260.993

Forms are available online at www.oregonvotes.gov.

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Signer Requirements

Major Party Petition ONLY

Nominating Petition ONLY

All Petition Types

Each petition signer must:

What this means:



Signers should provide an original signature and should be encouraged to provide their printed name and date signed. Printed name and date fields, while optional unless otherwise noted below, provide valuable assistance when verifying signatures. Signers must include printed name for Nomination by Assembly of Electors and for Major Party Presidential Candidates.

 Signers must sign the petition using a signature contained in their voter registration record



Signers should be an active registered voter at the time of signing the petition in the candidate’s electoral district.

 Information in the voter's registration record is up to date, and they would be able to vote for the candidate.



Sign a petition sheet that is designated for their county of residence, if applicable.

 Signers should sign a petition sheet designated for the county in which they are registered to vote.



Provide a residence or mailing address.

 Signers should provide the address contained in their voter registration record.



At the time of signing the petition, signers are encouraged to include the signer’s precinct name or number.

 Signers are encouraged to provide precinct information.

 At the time of signing the petition, the

signer should be a member of the same political party as the candidate.

 Information in the voter's registration record is up to date, and they would be able to vote for the candidate at a primary election.

Signature Date If no date is provided by the signer, the signature is only considered valid if the signer:  was an active Oregon registered voter between the date the petition was approved to circulate and the

circulator’s certification date; or  was originally registered to vote on or after the date the petition was approved to circulate and was an active registered voter between their original registration date and the circulator’s certification date. This standard also applies to any signer that provides a date of birth or a date that at the time of verification has not yet occurred instead of the date they signed the petition.

Forms are available online at www.oregonvotes.gov.

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Signer Prohibitions It is against the law for signers to knowingly: 

sign another person’s name under any circumstances;



sign a petition more than one time; or



sign a petition when not qualified to sign it. Only active Oregon registered voters may sign a petition. If the signer is not registered to vote or an active voter the signature will be rejected unless a completed registration card is received by a designated voter registration agency or an elections filing officer before 5 pm the day the petition is signed or 11:59 pm if completed electronically online at www.oregonvotes.gov.

Certification of Signature Sheets OAR 165-014-0270 After all signatures on a signature sheet have been collected, circulators complete the certification by signing their legal signature and providing the date when the certification was signed. A legal signature is defined as a signature possessing obvious and predominantly matching characteristics to signatures on file from a paid circulator’s registration, signatures in the Oregon voter registration file, or the signature on an official government document. If the circulator certification is not completed or determined to be insufficient the signature sheet will be rejected. Prior to submission to elections officials the circulator may correct the following defects:

Circulator Signature Defects If the circulator has:

Then the circulator should:

 signed using only initials;

 sign and re-date certification with legal signature;

Unless verified by exemplar.  signed using a signature stamp;

 re-sign and re-date certification with legal signature;

Unless approved under ORS 246.025.  signed using an illegible signature;

 re-sign and re-date certification with legal signature;

Unless verified by exemplar.  photocopied or carbon copied the certification;

 sign and re-date certification with legal signature; or

or  signed in a manner that the signature, printed

 re-sign and re-date certification with legal signature.

name, and address are all illegible;

Forms are available online at www.oregonvotes.gov.

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Certification Date Defects If the date is:

Then the circulator should:

 missing;

 re-sign and date or date and initial correction;

 crossed out;

 re-sign and re-date or re-date and initial correction;

 overwritten with a different date;

 re-sign and re-date or re-date and initial correction;

 earlier than all petition signers;

 re-sign and re-date or re-date and initial correction;

Unless the circulator and the only signer are the same person.  earlier than some, but not all petition signers;

 re-sign and re-date or re-date and initial correction;

Only those signatures dated on or before the date of the certification will be accepted.  partial or ambiguous; or

 re-sign and re-date or re-date and initial correction;

or Date must be provided in month, day, year order if written in all numeric characters.  obscured in any way by white out or other

 re-sign and re-date or re-date and initial correction.

correction fluid or adhesive tape; The following defects in the circulator certification cannot be corrected and any signature sheet submitted that contains one of these defects will be rejected:

Incurable Defects  the original signature of a circulator has been crossed out, and a different circulator’s signature is inserted;

Does not apply if the original signature is that of an individual whose signature appears on the same signature sheet as a signer.  two individuals sign and date as circulator; or

Does not apply if the only signers and the circulators are the same people.  white-out or other correction fluid or adhesive tape appears on the signature line.

Examples of circulator signature and date defects are available in the Circulator Training Manual located at www.oregonvotes.gov.

Forms are available online at www.oregonvotes.gov.

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Guidelines for Completing Candidate Filing Forms ORS 249.031 All forms must be complete before submitting them to the Elections Division. Failure to provide information for each of the required fields may result in rejection of the candidate filing forms. Providing false statements on filing forms is a violation of Oregon Election Law and the candidate may be convicted of a Class C Felony. ORS 260.715(1) and 260.993 Additional information may be required and is discussed further under the specific form’s section.

Original or Amendment Indicate if the filing is an Original filing or an Amendment that is changing information prior to the filing deadline.

Filing Officer Indicate who the filing office is for the position:  Secretary of State: Any Federal, Statewide, State Senate, State Representative, Judicial (including County

Judges with judicial duties,) and District Attorney positions;  County Elections Official: Any county and most district position;  City Recorder (Auditor): Any city office that is elected by the citizens of a city; or  District Office: Not all positions file their candidacy with the County Elections Official. Contact the district

office for filing officer information.

Candidate Information Complete the following information:  Name of Candidate: This should be the candidate’s full name (first, middle initial if applicable and last). If

filing online through ORESTAR, this field is automatically populated from the user profile and cannot be modified. Prefix (Mr. or Ms.), suffix (Jr., Sr., III, etc.) and title (MD, CPA, etc.) fields can be added if desired.  How name should appear on ballot: Include how the candidate wishes their name to appear on the

ballot. If a nickname is used in connection with the candidate’s full name, the nickname should be in parentheses. Titles and designations (e.g., Dr., CPA) should not be included as they cannot appear on the ballot.  Candidate Residence Address: Write the residential address of the candidate, including the county.  Mailing Address for Candidate Correspondence: Include the address where the candidate wishes to

receive correspondence from the Elections Division.  Contact Information: Enter a valid phone number where the candidate can be reached during normal

business hours, fax, email address, and website, if applicable. At least one phone number and an email address are required. The following are guidelines to complete the required fields of occupation, occupational background, educational background, and prior governmental experience on the candidate filing forms. These fields are required and information provided must be accurate. Not every occupational, educational, or prior governmental experience is required to be provided. If the candidate has no relevant experience, “None” or other equivalent must be entered. Forms are available online at www.oregonvotes.gov.

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Occupation and Occupational Background  Occupation (present employment – paid or unpaid): The current full- or part-time employment or other

line of work, business, craft, or professional information (not required to indicate whether paid or not paid). If not employed, enter “Not Employed”, or “None”, or other equivalent.  Occupational Background (previous employment – paid or unpaid): Previous full- or part-time

employment or other line of work, business, craft or professional information (not required to indicate whether paid or not paid).

Educational Background  Educational Background (schools attended): This may include schools attended by the candidate,

including the last grade level completed, whether a diploma, degree or certificate was received, and the course of study. It is not required that every educational experience be listed, but what is listed must be accurate. Provide the complete name of the school; no acronyms are allowed.  Educational Background (other): Other educational experiences of the candidate.

A degree indicates a college, university or professional school has awarded a title upon the person for completion of a program of study. For this purpose, honorary degrees or degrees from "degree mills" should not be included under this requirement.

Prior Governmental Experience  Prior Governmental Experience (elected or appointed): The current or previous governmental

experience, which refers to a person’s involvement in governmental activities, such as appointed boards and commissions, elected boards, other elected or appointed public offices, or organizations that are recognized by a governmental body. Full- or part-time, paid or unpaid, or volunteer experience may be included (not required to indicate whether paid or not paid). If the candidate has no prior governmental experience, enter “None” or other equivalent. Candidate Signature and Date Signed The form must have a physical signature and the date the candidate signed the form if filing by paper.

Additional Information Required The following instructions are for fields on specific forms that are unique to that form.

SEL 101 Candidate Filing – Major Political Party or Nonpartisan Filing Method Complete the following information.  Fee: If paying a fee, check this box.  Prospective Petition: If collecting signatures in lieu of paying the filing fee, check this box.  Some circulators may be paid: When collecting signatures, if circulators may be paid to gather the

sufficient number of signatures, mark “Yes.” If circulators are volunteering their time to help collect signatures, mark “No.”

Forms are available online at www.oregonvotes.gov.

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Office Information Complete the following information.  Filing for Office of: Indicate the office the candidate is filing for.  District, Position or County: Indicate the district, position or county of the office the candidate is filing for.  Party Affiliation: Select the candidate’s party affiliation. If entering your candidacy online, “Nonpartisan”

will automatically populate if the office indicated is nonpartisan.  Incumbent Judge: If filing for a state judge position, indicate if the candidate is the incumbent judge by

selecting “Yes” or “No.”

Campaign Finance Information Candidate Committee This section should not be amended at a later date. If the candidate’s circumstances change at a later date, they must follow the reporting requirements set forth in the Campaign Finance Manual. Select the checkbox that applies to the candidate:  Yes, I have a candidate committee: The candidate has already established a candidate committee  No, I do not expect to spend or receive more than $750 during any calendar year: The $750 includes

personal funds spent for any campaign-related costs, such as the candidate filing fee; however state voters’ pamphlet filing fees are not included when calculating contribution or expenditure totals. The candidate must still keep records of all campaign finance activity and if total contributions or expenditures exceed $750 during any calendar year, the candidate must follow the requirements set forth in the Campaign Finance Manual.  No, but will be filing a Statement of Organization for Candidate Committee: A candidate must file a

Statement of Organization not later than three business days after first receiving a contribution or making an expenditure and no later than the deadline for filing a nominating petition, declaration of candidacy, or certification of nomination, whichever occurs first, unless they meet the exception set forth on page 8.

SEL 110 Candidate Filing – Minor Political Party Nomination Information  Party nomination you are accepting with this filing: Check the box for the party that is nominating you

and whose nomination you are accepting.  Order of parties on ballot: Indicate whether the order of the parties will be in default order or in a

specified order. If marking Specified, specify the order in the space provided. If you have previously filed a candidacy filing with the filing officer for the current election cycle, skip to the Candidate Nomination Certificate and Candidate Attestation on the form. If you have not previously filed a candidacy filing with the filing officer for the current election cycle, fill out all remaining fields.

Forms are available online at www.oregonvotes.gov.

State Candidate Manual

33

Candidate Nomination Certificate Candidate filings by a minor party must be notarized prior to submission. The following fields must be completed.  Name of Minor Political Party: Include the name of the Minor Party nominating the candidate.  Signature of the Officer of Minor Political Party: Include the signature of one of the officers listed on the

bylaws of the minor political party.  Date Signed: Include the date the officer of the political party signed the candidate filing form.  Printed Name of the Officer of Minor Political Party: include the clearly printed name of the officer that

signed the candidate filing form.

The following fields are completed by a Judge or Notary Public.  State of Oregon, County of: Include the name of the county in which the Judge or Notary Public is signing

the candidate filing form.  Signed before me on: Include the date the Judge or Notary Public witnessed the Minor Political Party

officer sign the candidate filing form.  By: Include the name of the Judge or the Notary Public.  Judge or Notary Public-State of Oregon: Include the signature of the Judge or Notary Public.

SEL 114 Candidate Filing – Individual Electors Name of Chief Sponsor: Include the name of the candidate or other person interested in placing the candidate name on the ballot. This can be the candidate.

SEL 115 Candidate Filing – Assembly of Electors Assembly of Electors fields to complete.  Name of Person Submitting Certificate of Nomination: Include the name of candidate or a person

designated as the presiding officer.  Address of Person Submitting Certificate of Nomination: Include the address of the candidate or the

presiding officer named in the above field.  Signature of Presiding Officer: Include the signature of the candidate or the signature of the presiding

officer of the assembly.  Printed Name of Presiding Officer: Include the clearly printed name of the presiding officer.  Signature of the Secretary: Include the signature of the candidate or the secretary of the assembly.  Printed Name of the Secretary: Include the signature of the candidate or the signature of the secretary of

the assembly.

Forms are available online at www.oregonvotes.gov.

State Candidate Manual

34

The following fields are completed by a Judge or Notary Public.  State of Oregon, County of: Include the name of the county in which the Judge or Notary Public is signing

the candidate filing form.  Signed before me on: Include the date the Judge or Notary Public witnessed the Minor Political Party

officer sign the candidate filing form.  By: Include the name of the Judge or the Notary Public.  Judge or Notary Public-State of Oregon: Include the signature of the Judge or Notary Public.

SEL 141 Candidate Filing – Write-In Acceptance Nomination or Election Indicate whether you are accepting a nomination or if you have won the election for this office.

Office Information Complete the following information.  Filing for Office of: Indicate the office for which you are accepting the nomination.  District, Position or County: If the office has a district number and/or a position number or the office

covers an entire county, indicate that information in this field.

Nomination Information  Party nomination(s) you are accepting: Check the box for the party or parties that nominated you by

write-in at the Primary election and whose nomination you are accepting.  Order of parties on ballot: Indicate whether the order of the parties will be in default order or in a

specified order. If marking Specified, specify the order in the space provided. If you have previously filed a candidacy filing with the filing officer for the current election cycle, skip to the signature line on the form. If you have not previously filed a candidacy filing with the filing officer for the current election cycle, fill out all remaining fields.

SEL 150 Candidate Filing - Withdrawal Withdrawal from Candidacy or Nomination for Office Information  Office of: Indicate the office for which you originally filed.  District, Position or County: Indicate the applicable district, position number, or county of the office for

which you filed.  Check the box to indicate if you were a Candidate for Nomination or if you were running for office by

political party. Withdrawal Reason  In the box, indicate why you are withdrawing your candidacy.

Forms are available online at www.oregonvotes.gov.

State Candidate Manual

35

Other Forms Additional forms that may be necessary to file.

SEL 220 Statement of Organization for a Candidate Committee This form is used to establish the campaign finance committee for a candidate. “Candidate” includes any of the following:  an individual whose name is printed on a ballot, for whom a declaration of candidacy, nominating

petition, or certificate of nomination to public office has been filed, or whose name is expected to be or has been presented, with the individual’s consent, for nomination or election to public office;  an individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party, or political committee to solicit or receive and accept a contribution or make an expenditure on the individual’s behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained, or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or  a public office holder against whom a recall petition has been completed and filed.

SEL 223 Campaign Account Information All committees must establish a dedicated campaign account. The information provided on the Form SEL 223 Campaign Account Information is exempt from public disclosure. Please refer to the Campaign Finance Manual for further information about the SEL 220 and the SEL 223.

SEL 338 Petition Submission Form submitted that provides the number of signatures submitted for verification by completing and filing candidacy by petition.

Forms are available online at www.oregonvotes.gov.

State Candidate Manual

36

List of Forms SEL 101 Candidate Filing – Major Political Party or Nonpartisan

SEL 110 Candidate Filing – Minor Political Party

SEL 114 Candidate Filing – Individual Electors

SEL 115 Candidate Filing – Assembly of Electors

SEL 140 Candidate Filing – Write-In Acceptance Form - Previously Nominated at the Primary Election

SEL 141 Candidate Filing – Write-In Acceptance Form - New Filing –

SEL 150 Candidate Filing - Withdrawal

SEL 220 Statement of Organization for a Candidate Committee

SEL 223 Campaign Account Information

SEL 338 Petition Submission

Forms are available online at www.oregonvotes.gov.

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State Candidates Manual - Oregon Secretary of State

State Candidate Manual Published by Adopted by Elections Division 255 Capitol St NE, Suite 501 Salem, OR 97310-0722 503 986 1518 fax 503 373 7414 t...

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