§ ORS § 251.055Type of material to be excluded from pamphlet; liability for libel; procedure if material excluded; rules

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(1) The Secretary of State shall reject any statement, argument, translation or
other matter offered for filing and publishing in a voters’ pamphlet that:

(a) Contains any
obscene, profane or defamatory language;

(b) Incites or
advocates hatred, abuse or violence toward any person or group; or

(c) Contains any
language which may not legally be circulated through the mails.

(2) Nothing in
this chapter shall make the author of any statement, argument or translation
exempt from any civil or criminal action because of any defamatory statements
offered for publishing or contained in the voters’ pamphlet. The persons
writing, signing or offering a statement, argument or translation for filing
shall be deemed its authors and publishers.

(3) The Secretary
of State by rule shall establish a procedure to notify a person who offered a
statement, argument, translation or other matter that was rejected pursuant to
this section. Subject to voters’ pamphlet deadlines, the procedure shall
require the Secretary of State to:

(a) Make
reasonable attempts to notify the person of the rejection; and

(b) Allow the
person, if notified pursuant to paragraph (a) of this subsection, to revise the
statement, argument or translation so that it does not violate the provisions
of this section. [Formerly 255.040; 1993 c.351 §1; 2021 c.464 §5]



251.060 [1957 c.217 §5; 1979 c.190 §318;
renumbered 258.046]

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