§ ORS § 255.424Notice requirements to bring action; reimbursement of reasonable costs

(1) An individual who meets the
qualifications set forth in ORS 255.411 (2) and who intends to file an action
alleging a qualifying district’s electoral system fails to comply with ORS
255.405 shall first notify the board of the qualifying district by certified
mail. The notice shall:

(a) Be in
writing;

(b) Identify and
provide contact information for the individual who intends to file the action;

(c) Identify the
protected class whose members do not have an equal opportunity to elect
candidates of their choice or an equal opportunity to influence the outcome of
an election because of alleged vote dilution or abridgement or polarized
voting; and

(d) Include a
proposed remedy to cure the alleged violation of ORS 255.405.

(2) An individual
who sends notice under subsection (1) of this section may not commence an
action under ORS 255.411 to enforce compliance with ORS 255.405 within 90 days
of the receipt of the notice by the board of the qualifying district.

(3) Within 90
days of receiving a notice sent under subsection (1) of this section, the board
of a qualifying district may pass a resolution outlining its intention to alter
its electoral system in order to ensure compliance with ORS 255.405. A
resolution passed under this subsection shall set forth:

(a) The specific
steps the board of a qualifying district will take to comply with ORS 255.405;
and

(b) The time
frame for accomplishing the steps set forth in paragraph (a) of this
subsection.

(4) If the board
of a qualifying district passes a resolution under subsection (3) of this
section within 90 days of receiving a notice sent under subsection (1) of this
section, the individual who sent the notice under subsection (1) of this
section may not commence an action to enforce compliance with ORS 255.405
within 90 days of passage of the resolution.

(5)(a) If,
following receipt of a notice sent under subsection (1) of this section, the
board of a qualifying district passes a resolution establishing a new electoral
system in order to comply with ORS 255.405, the individual who sent the notice
may make a demand for reimbursement of the costs incurred by the individual in
conducting the research necessary to file the action. A demand made under this
subsection must:

(A) Be in
writing;

(B) Be received
by the board of a qualifying district within 30 days of the board passing the
resolution; and

(C) Include
financial documentation, such as a detailed invoice for demographic services,
that support the demand.

(b) The board of
a qualifying district may request additional documentation if the documentation
provided under paragraph (a) of this subsection is insufficient for the board
to corroborate the claimed costs.

(6)(a) In
response to a demand for reimbursement made under subsection (5) of this
section, the board of a qualifying district shall, within 60 days of receiving
the demand:

(A) Reimburse the
reasonable costs of the individual who sent the notice; or

(B) Reimburse the
individual who sent the notice in an amount mutually agreed to by the parties.

(b) If more than
one individual files a demand for reimbursement under subsection (5) of this
section, the board of a qualifying district shall, within 60 days of receiving
each demand:

(A) Reimburse the
reasonable costs of each individual who sent the notice; or

(B) Reimburse
each individual who sent the notice in an amount mutually agreed to by the
parties.

(c)(A) Except as
provided in subparagraph (B) of this paragraph, the total amount of moneys that
the board of a qualifying district shall reimburse pursuant to demands for
reimbursement made under subsection (5) of this section may not exceed $30,000.

(B) The total
amount of moneys that the board of a qualifying district shall reimburse
pursuant to demands for reimbursement made under subsection (5) of this section
may not exceed $5,000 if the qualifying district is a school district, as
defined in ORS 332.002, that has 500 or fewer students. [2019 c.449 §6]



255.425 [1975 c.766 §17; repealed by 1977
c.460 §3]



255.430 [Amended by 1957 c.608 §204; 1975
c.766 §26; repealed by 1979 c.190 §431]



255.435 [1975 c.766 §2a; 1977 c.460 §2;
1979 c.190 §196; renumbered 251.265]



255.440 [Amended by 1953 c.359 §4; 1953
c.647 §2; 1957 c.608 §205; 1973 c.712 §7; 1979 c.190 §189; renumbered 251.195]



255.450 [Amended by 1957 c.608 §206; 1959
c.457 §6; repealed by 1973 c.712 §8 (255.452 enacted in lieu of 255.450)]



255.452 [1973 c.712 §9 (enacted in lieu of
255.450); repealed by 1975 c.766 §29]



255.455 [1977 c.516 §3; 1979 c.190 §198;
1979 c.749 §4; renumbered 251.285]



255.460 [Repealed by 1957 c.608 §231]



255.465 [1975 c.766 §27; 1979 c.190 §194;
renumbered 251.245]



255.470 [1965 c.350 §2; 1975 c.766 §16;
repealed by 1975 c.766 §29]



255.510 [1967 c.63 §2; 1979 c.190 §199;
renumbered 251.295]



255.990 [Amended by 1973 c.155 §6; 1979
c.190 §200; renumbered 251.991]



CHAPTERS
256 AND 257 [Reserved for expansion]

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