ORS Chapter 255
Chapter 255 — SpecialDistrict Elections
2009 EDITION
SPECIALDISTRICT ELECTIONS
ELECTIONS
GENERALPROVISIONS
255.005 Definitions
255.012 “District”defined
255.022 Proceduresfor district elections; metropolitan service district candidates
255.035 Authorityof elections officer to obtain advice and assistance
255.045 Noticeof change of district boundary
255.055 Delegationto district elections authority of responsibility to conduct district election
255.062 Dateof election on measure referred by district elections authority
255.069 Deliveryand preparation of form for updating information on members of district boards;rules
255.075 Publicationof notice of district election to elect district board or district schoolboard; notice by mail; rules
255.085 Noticeof district election on issuance of bonds or on other measure
INITIATIVEAND REFERENDUM
255.115 Definitionsfor ORS 255.125 to 255.205
255.125 Applicationof ORS 255.135 to 255.205
255.135 Submittingprospective petition; form of petition; statement regarding payment of petitioncirculators; signature sheet requirements; annual statement
255.140 Determinationof compliance with constitutional provisions; notice; appeal
255.145 Preparationof ballot title for certain measures; notice
255.155 Procedurefor elector dissatisfied with title of district measure
255.165 Signaturerequirements
255.175 Filingofficer; filing requirements; verification of signatures
255.185 Dateof election on measure initiated or referred by electors
255.205 Retentionof petition materials
255.215 Noticeby mail in lieu of or in addition to newspaper publication
NOMINATIONS
255.235 Nominationof candidates for election to district boards; withdrawal
255.245 Nominationsto fill certain vacancies; Secretary of State to adopt rules
CONDUCTOF ELECTIONS
255.288 Methodsof providing map of proposed boundaries for election on boundary question
255.291 Ballotto state position or zone number of candidate
255.295 Preparingabstract; notification of results
255.305 Electionexpenses paid by district; exceptions; apportionment of expenses; rules
ELECTIONDATES
255.325 Legislativeintent to promote regularity of special district elections; rulemaking andenforcement by Secretary of State
255.335 Regulardistrict election; terms of board members; organizational meeting
255.345 Specialelection dates
255.001 [1973 c.155 §2(enacted in lieu of 255.011); 1975 c.766 §21; repealed by 1979 c.190 §431]
GENERALPROVISIONS
255.005Definitions.As used in this chapter:
(1)“County clerk” means the county clerk or the county official in charge ofelections.
(2)“District board” means the governing body of a district.
(3)“District election” means any election authorized or required to be held by adistrict.
(4)“District elections authority” means the county court or board of countycommissioners, district board or other body or officer authorized or requiredto call a district election.
(5)“Elections officer” means the:
(a)County clerk of the county in which the administrative office of the districtis located regarding a measure, or a candidate for an office, to be voted on ina district located in more than one county.
(b)County clerk regarding a measure, or a candidate for an office, to be voted onin a district situated wholly within the county.
(6)“Elector” means an individual qualified to vote under section 2, Article II,Oregon Constitution.
(7)“Measure” includes any of the following submitted to the people for theirapproval or rejection at an election:
(a)A proposed law.
(b)An Act or part of an Act of the Legislative Assembly.
(c)A revision of or amendment to the Oregon Constitution.
(d)Local, special or municipal legislation.
(e)A proposition or question.
(8)“Regular district election” means the election held each year for the purposeof electing members of any district board as defined in subsection (2) of thissection.
(9)“School district” means a common school district, a union high school district,an education service district or a community college district. [Formerly259.010; 1983 c.392 §6; 1985 c.808 §39; 1987 c.707 §20]
255.010 [Repealed by1957 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 lieuof 255.011)]
255.012“District” defined.As used in this chapter, “district” means:
(1)A domestic water supply district organized under ORS chapter 264.
(2)A cemetery maintenance district organized under ORS chapter 265.
(3)A park and recreation district organized under ORS chapter 266.
(4)A mass transit district organized under ORS 267.010 to 267.390.
(5)A transportation district organized under ORS 267.510 to 267.650.
(6)A metropolitan service district organized under ORS chapter 268.
(7)A translator district organized under ORS 354.605 to 354.715.
(8)A library district organized under ORS 357.216 to 357.286.
(9)A county road district organized under ORS 371.055 to 371.110.
(10)A special road district organized under ORS 371.305 to 371.360.
(11)A road assessment district organized under ORS 371.405 to 371.535.
(12)A highway lighting district organized under ORS chapter 372.
(13)A health district organized under ORS 440.305 to 440.410.
(14)A sanitary district organized under ORS 450.005 to 450.245.
(15)A sanitary authority, water authority or joint water and sanitary authorityorganized under ORS 450.600 to 450.989.
(16)A county service district organized under ORS chapter 451.
(17)A vector control district organized under ORS 452.020 to 452.170.
(18)A rural fire protection district organized under ORS chapter 478.
(19)An airport district organized under ORS chapter 838.
(20)A geothermal heating district organized under ORS chapter 523.
(21)A water improvement district organized under ORS chapter 552.
(22)A water control district organized under ORS chapter 553.
(23)A weather modification district organized under ORS 558.200 to 558.440.
(24)A livestock district organized under ORS 607.005 to 607.051.
(25)A port organized under ORS 777.005 to 777.725 and 777.915 to 777.953.
(26)The Port of Portland established by ORS 778.010.
(27)A school district.
(28)Territory, other than territory within a city, proposed to be created, formedor incorporated into a district or to be annexed or otherwise added to adistrict.
(29)A soil and water conservation district organized under ORS 568.210 to 568.810and 568.900 to 568.933.
(30)A heritage district organized under ORS 358.442 to 358.474.
(31)A radio and data district organized under ORS 403.500 to 403.542. [Formerly259.020; 1981 c.226 §16; 1983 c.238 §1; 1983 c.350 §70; 1993 c.577 §18; 2007c.562 §24; 2009 c.584 §23]
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 by1957 c.608 §231]
255.022Procedures for district elections; metropolitan service district candidates. (1) Except asotherwise specifically provided in this section or by the law under which thedistrict is formed or is operating, a district election shall be conducted inaccordance with this chapter.
(2)Except as otherwise provided by this chapter, district elections shall besubject to the election laws, excluding ORS chapter 251 providing for voters’pamphlets unless specifically applicable, and shall be conducted as nearly aspracticable as are general elections.
(3)Except as otherwise provided by the law under which the district is formed oris operating, candidates for any elected office of a metropolitan servicedistrict organized under ORS chapter 268 shall be nominated and elected inaccordance with ORS chapter 249. [Formerly 259.040; 1995 c.607 §47]
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 by1957 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; 1975c.766 §8; 1975 c.779 §29; 1979 c.190 §177; 1979 c.533 §1; renumbered 251.065]
255.035Authority of elections officer to obtain advice and assistance. In performingfunctions under this chapter, the elections officer may request the advice andassistance of the district elections authority or the officers of the district.Upon receipt of a request, a district elections authority or the officer of adistrict shall furnish advice and assistance to the maximum extent practicable.[Formerly 259.160]
255.040 [Amended by1957 c.608 §193; 1959 c.457 §2; 1979 c.190 §176; renumbered 251.055]
255.045Notice of change of district boundary. If the boundary of a district ischanged, the district board immediately shall send a certified copy of theorder, resolution or other action changing the boundary to the electionsofficer. [1979 c.190 §285]
255.050 [Amended by1955 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]
255.055Delegation to district elections authority of responsibility to conductdistrict election.The elections officer may delegate to the district elections authority at therequest of the district elections authority any responsibility to conduct thedistrict election, in whole or in part, if the elections officer determinesthat:
(1)The election will be conducted in accordance with this chapter; and
(2)No inconvenience for electors of the district will result. [Formerly 259.035;2007 c.154 §50]
255.060 [Repealed by1957 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; 1979c.190 §186; renumbered 251.165]
255.062Date of election on measure referred by district elections authority. Unless specificallyprovided otherwise, when the district elections authority of a district thatholds regular district elections refers a measure to the electors of thedistrict, the election on the measure shall be held on a district election datespecified by the district elections authority in the order calling theelection. The election date may not be sooner than the first available electiondate in ORS 255.345 (1) for which the filing deadline can be met after the dateof the order calling the election and may not be later than the next regulardistrict election following the 61st day after the date of the order. [1983c.350 §72; 1985 c.808 §40; 1989 c.923 §13]
255.069Delivery and preparation of form for updating information on members ofdistrict boards; rules. (1) Not later than the 115th day before a regulardistrict election, or not later than the 135th day before a district electionheld on the date of a primary election or general election, the electionsofficer shall deliver to each district elections authority, by certified mail,a form for updating information on members of district boards. The form shallinclude, at a minimum, the district offices to be filled or for whichcandidates are to be nominated or elected at the next district election and informationconcerning the candidates.
(2)Not later than the 105th day before a regular district election or not laterthan the 125th day before a district election held on the date of a primaryelection or general election, the district elections authority shall return tothe elections officer the form for updating information on members of districtboards.
(3)The elections officer shall prepare the notice required by ORS 255.075 by usingthe form completed by the district elections authority and any otherinformation available. If the form is not returned by the district electionsauthority by the deadline specified in subsection (2) of this section, theelections officer shall prepare the notice for the district using the mostcurrent information available. If the form is returned by the districtelections authority after the deadline, the elections officer shall prepare acorrected notice. The district shall be liable for any additional costsincurred in preparing and publishing a corrected notice.
(4)The elections officer shall retain the completed forms in a file maintained forthat purpose. All forms shall be kept for a period of at least four years afterthe district election for which the form was completed.
(5)If a district is located in more than one county, the elections officer shallimmediately certify the information contained on the form required undersubsection (2) of this section to the county clerk of any other county in whichthe district is located.
(6)The Secretary of State by rule shall establish the forms and procedures theelections officer and the district elections authority shall use in maintainingadequate records for preparation of the form required under subsection (1) ofthis section. [1991 c.719 §58; 1995 c.712 §69]
255.070 [Repealed by1957 c.608 §231]
255.075Publication of notice of district election to elect district board or districtschool board; notice by mail; rules. (1) When a district election is to beheld for the purpose of electing members of the district board, the electionsofficer shall publish a notice stating the date of the election, the boardpositions to be voted upon and the latest date on which candidates for electionas board members may file petitions for nomination or declarations of candidacy.The notice shall be printed once in a newspaper of general circulation in thedistrict not later than the 40th day before the last day for filing a petitionfor nomination or declaration of candidacy.
(2)In lieu of or in addition to publication of notice under subsection (1) of thissection, the elections officer may give notice by mail to each elector of thedistrict. The notice shall have postage prepaid and shall be considered givenwhen mailed. The notice shall be made not later than the 40th day before thelast day for filing a petition for nomination or declaration