§ ORS § 251.087Secretary of State review of candidate portrait and statement; procedure if portrait or statement must be revised; rules

(1) If a candidate files a portrait and statement
under ORS 251.065 for inclusion in the voters’ pamphlet, the Secretary of State
shall review the portrait and statement to ensure that the portrait complies
with the requirements of ORS 251.075 and that the statement complies with the
requirements of ORS 251.049 and 251.085.

(2) Review by the
Secretary of State under this section shall be limited to determining whether
the portrait and statement comply with the requirements of ORS 251.049, 251.075
and 251.085 and shall not include any determination relating to the accuracy or
truthfulness of materials filed.

(3) The Secretary
of State shall review each portrait and statement not later than three business
days following the deadline for filing a portrait and statement under ORS
251.065. If the Secretary of State determines that the portrait or statement of
a candidate must be revised in order to comply with the requirements of ORS
251.049, 251.075 or 251.085, the Secretary of State shall attempt to contact
the candidate not later than the fifth business day following the deadline for
filing a portrait and statement under ORS 251.065. A candidate contacted by the
Secretary of State under this section may file a revised portrait or statement
not later than the seventh business day following the deadline for filing a
portrait and statement under ORS 251.065.

(4) If the
Secretary of State is required to attempt to contact a candidate under
subsection (3) of this section, the Secretary of State shall attempt to contact
the candidate by telephone or by using an electronic transmission facsimile
machine.

(5) If the
Secretary of State is unable to contact a candidate or if the candidate does
not file a revised portrait or statement, the following rules apply:

(a) If a portrait
does not comply with ORS 251.075, the Secretary of State may modify the
portrait. The candidate shall pay the expense of any modification prior to
publication of the portrait in the voters’ pamphlet. If the portrait cannot be
modified to comply with ORS 251.075, the portrait shall not be printed in the
voters’ pamphlet.

(b) If a
statement does not comply with ORS 251.085 the statement shall not be printed
in the voters’ pamphlet.

(c) If a
statement does not comply with ORS 251.049, the Secretary of State shall edit
the statement to remove language that does not comply with ORS 251.049.

(6) If the
portrait or statement of a candidate filed under ORS 251.065 does not comply
with a requirement of ORS 251.049, 251.075 or 251.085 and the Secretary of
State does not attempt to contact the candidate by the deadline specified in
subsection (3) of this section, for purposes of ORS 251.049, 251.075 and
251.085 only, the portrait or statement shall be printed as filed.

(7) A candidate
revising a portrait or statement under this section shall make only those
revisions necessary to comply with ORS 251.049, 251.075 and 251.085.

(8) The Secretary
of State by rule may define the term “contact” as used in this section. [1995
c.550 §2]



251.090 [1957 c.217 §8; 1973 c.197 §4;
1979 c.190 §322; renumbered 258.085]