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Auditor Mary Hull Caballero

Promoting open and accountable government

1986 Nomination of Candidates Revision

The following measure appeared on the Tuesday, May 20, 1986 Primary Election Ballot.
 
REVISING REQUIREMENTS FOR NOMINATING CANDIDATES FOR CITY OFFICE BY PETITION
 
QUESTION: Shall the procedure for the nomination of candidates for City office by petition be revised to conform with state statutes?
 
PURPOSE AND EXPLANATION OF CHARTER AMENDMENT : Allows the nomination of any person as a candidate for City office by a single petition signed by 100 registered voters rather than requiring each such voter to sign a separate nominating certificate as presently required. The form of the petition will be as specified by state statute. Prohibition against signing more than one petition for the same office is removed. Requires the Auditor to supply sufficient petitions to persons requesting them.
 
Charter Amendment Referred to the Voters by the City Council
 
RESOLUTION NO. 34031 ADOPTED FEBRUARY 12,1986
 
BE IT RESOLVED by the Council of the City of Portland, Oregon, that an Act entitled:
 
AN ACT
 
An Act to amend an Act of the Legislative Assembly of the State of Oregon entitled: 'An Act to incorporate the City of Portland, Multnomah County, State of Oregon, and to provide a charter therefor, and to repeal all Acts or parts of Acts in conflict therewith,' approved by the Governor and filed in the office of the Secretary of State, January 23, 1903, as subsequently amended by said Legislative Assembly and by the people of the City of Portland from time to time, by revising the requirements for nominating candidates for City office by petition.
 
BE IT ENACTED BY THE PEOPLE OF THE CITY OF PORTLAND, OREGON
 
Section 1. The Act of the Legislative Assembly of the State of Oregon entitled: "An Act to incorporate the City of Portland, Multnomah County, State of Oregon, and to provide a charter therefor, and to repeal all acts or parts of acts in conflict therewith," approved by the Governor and filed in the office of the Secretary of State January 23, 1903, as subsequently amended by said Legislative Assembly and by the people of the City of Portland from time to time hereby is amended by amending Section 3-108 to read as follows:
 
Section 3-108. Nomination by Petition. As an additional method of seeking nonpartisan nomination any person then eligible or who will be eligible at the time of taking office may file with the Auditor a nominating petition[s] within the time and in the manner provided in this Section.
 
(a) Nomination, Petition[, Certificates]. The petition for the nomination of every candidate shall consist of no less than one hundred (100) individual [certificates] signatures. The form of the petition shall be as specified by statute. [Each certificate shall be of uniform size to be determined by the Auditor, shall be signed and verified by one registered voter and shall contain the name of only one candidate.]
 
[If a legal voter signs certificates for more than one person for the same office, the first certificate filed shall be accepted but all certificates of said voter subsequently filed shall be rejected.]
 
[(b) Form of Certificate. The form of certificate shall be substantially as follows:
 
INDIVIDUAL NONPARTISAN NOMINATION CERTIFICATE
State of Oregon)
County of Multnomah) ss.
City of Portland)
 
I do hereby join in a petition for the nonpartisan primary nomination Of ____________ whose residents is at No. __________________ Street (or Avenue), Portland, Oregon, for the office of __________________________ (if a candidate for Commissioner, state the official number of position) to be voted for at the municipal non- partisan election to be held in the City on the ________ day of ________________, 19___. And I make oath and say that I am a registered voter in the City of Portland, and have not signed certificates nominating any other candidate for this City elective office; that my residence is at No. ______________________ Street, Portland, Oregon. Subscribed and sworn to before me this _____ day of _______________, 19____. ____________________________
 
By _________________________
 
Notary Public for Oregon
 
My Commission expires ______________________
 
The said petition for nomination of which this certificate forms a part, if found defective, shall be returned to __________________________________at No. ______________ Street, Portland, Oregon.]
 
[(c)] (b) Filing Petitions. The said petition consisting of at. least one hundred (100) sufficient [certificates,] signatures shall be presented to the Auditor for filing within the time prescribed by statute for partisan primary elections or, in the case of nomination at a general election, then not later than seventy (70) days before the general election. The Auditor shall endorse thereon the day and hour of its presentation and by whom presented. If the petition appears sufficient the Auditor shall file the same at once, but such filing shall not prevent rejection of certificates subsequently within three (3) days if found improper or defective.
 
[(d)] (c) Amendment of Petition. If, upon examination by the Auditor, the petition be found not to conform to the provisions of this Charter, the Auditor shall state immediately in writing on said petition the reason why it cannot be filed. The Auditor shall then within three (3) days, return the defective petition, personally or by mail, to the person designated for that purpose. Within five (5) days of its return by the Auditor the petition may be amended and again presented for filing. In no case shall any petition be received or considered after the final day fixed by statute relating to partisan elections for filing of declarations of candidacy.
 
[(e)] (d) Nominee's Acceptance. The acceptance of any person nominated under this Section shall be filed with the petition with the Auditor, and in the absence of such acceptance the petition[s] shall not be filed. Such acceptance shall be substantially in the following form: State of Oregon) County of Multnomah) ss. City of Portland) I,______________________________ of No. ___________________________Street (or Avenue), Portland, do hereby accept nomination for the office of (if nominated for Commissioner, state the official number of position. If elected I will qualify.
 
_________________________________
 
Subscribed and sworn to before me this ____ day of ____________, 19___.
 
_____________________________
 
By _________________________
 
Notary Public for Oregon
 
My Commission expires _________________________________
 
[(f)] (e) Validity The validity or legality of an election shall not be in any way affected by any defect or irregularity in any nominating petition. If the Auditor finds that a nominee is not a registered voter or would otherwise be unable to qualify at the beginning of his or her term if elected, or if other material defect is found by the Auditor which is not remediable, as provided in the previous subsection to this Section permitting amendments, then the nomination shall be rejected.
 
[(g)] (f) Forms Supplied by Auditor. It shall be the duty of the Auditor, upon application, to furnish sufficient petition forms to allow two hundred(200) [printed forms of such individual certificates] signatures and two (2) forms of acceptance of nomination.
 
[(h)] (g) Preservation of Nomination Petitions. The Auditor shall pre-serve in the Auditor's Office for a period of four (4) years, and during the pendency of litigation relating to the election, all papers relative to nomination.
 
NOTE: Matter in bold face in an amended section is new; matter [italic and bracketed] is existing law to be omitted.