Time for filing petition or declaration.

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(2) If a vacancy occurs in a partisan elective office after the 80th day and before the 70th day before the nominating election, a nominating petition or declaration of candidacy for that office may be filed not later than the 65th day before the nominating election.

(3) A declaration of candidacy for the office of precinct committeeperson shall be filed not sooner than the 250th day and not later than the 70th day before the date of the primary election. [Formerly 249.060; 1987 c.267 §16; 1995 c.607 §§16,16a; 1995 c.712 §25; 1999 c.999 §37; 2001 c.145 §1; 2005 c.797 §32; 2011 c.652 §1; 2018 c.70 §8; 2019 c.675 §28]

Note: Sections 2 and 3, chapter 419, Oregon Laws 2021, provide:

Sec. 2. (1) Notwithstanding ORS 249.037, for the nominating election held on May 17, 2022:

(a) A nominating petition or declaration of candidacy for the major political party nomination to the office of state Senator or state Representative shall be filed not later than the 70th day before the date of the nominating election and not sooner than:

(A) October 26, 2021, if the Legislative Assembly enacts a state legislative reapportionment plan on or before September 27, 2021, and no elector files an objection to the plan with the Oregon Supreme Court by October 25, 2021;

(B) November 16, 2021, if:

(i) The Legislative Assembly fails to enact a state legislative reapportionment plan by September 27, 2021;

(ii) The Secretary of State makes a state legislative reapportionment plan that is filed with the Oregon Supreme Court by October 18, 2021; and

(iii) No elector files an objection to the plan with the Oregon Supreme Court by November 15, 2021; or

(C) The day a state legislative reapportionment plan becomes effective for purposes of Article IV, section 6 (6)(b), of the Oregon Constitution, under the revised deadlines established by the Oregon Supreme Court in the court’s opinion dated April 9, 2021, in the case of State ex rel. Kotek v. Fagan, 367 Or. 803 (2021), and the related peremptory writ of mandamus and appellate judgment issued by the court on April 19, 2021.

(b) A nominating petition or declaration of candidacy for the major political party nomination to the office of Representative in Congress shall be filed not later than the 70th day before the date of the nominating election and not sooner than:

(A) October 13, 2021, if the Legislative Assembly enacts a congressional reapportionment plan on or before September 27, 2021, and no elector files an objection to the plan with the Marion County Circuit Court in a manner specifically provided by law for challenging a legislatively adopted reapportionment plan; or

(B) The day a congressional reapportionment plan becomes operative under the laws of this state, if an elector files a petition in Marion County Circuit Court on or before October 12, 2021, in the manner specifically provided by law to either challenge a legislatively adopted reapportionment plan or request a reapportionment of congressional districts.

(2) Notwithstanding ORS 251.065, for the nominating election held on May 17, 2022, a candidate for the major political party nomination to the office of state Senator, state Representative or Representative in Congress may file with the Secretary of State a portrait of the candidate and a statement of the reasons the candidate should be nominated no later than the 68th day before the nominating election and not sooner than the day after the candidate is eligible to file a nominating petition or declaration of candidacy under subsection (1) of this section.

(3)(a) Notwithstanding any other provision of ORS chapters 246 to 260, the Secretary of State may adopt rules establishing revised deadlines or filing dates for the primary election held on May 17, 2022, or the nominating election held on the same date as the primary election held on May 17, 2022, to the extent necessary to ensure the fair and orderly nomination or election of candidates while:

(A) Implementing the revised deadlines for state legislative reapportionment established by the Oregon Supreme Court in the opinion, writ and appellate judgment described in subsection (1)(a)(C) of this section; and

(B) Implementing any revisions enacted by the Eighty-first Legislative Assembly during the 2021 regular session relating to the enactment, judicial review or operative date of a congressional reapportionment plan.

(b) Rules adopted by the Secretary of State under this subsection may include deadlines or filing dates for a candidate for the major political party nomination to the office of state Senator, state Representative or Representative in Congress in any scenario not otherwise prescribed by this section.

(4) As used in this section:

(a) "Candidate" and "elector" have the meanings given those terms in ORS 249.002.

(b) "Legislatively adopted reapportionment plan" has the meaning given that term in ORS 188.125.

(c) "Major political party" means a political party that qualifies as a major political party under ORS 248.006. [2021 c.419 §2]

Sec. 3. Sections 1 and 2 of this 2021 Act are repealed on January 2, 2023. [2021 c.419 §3]


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