(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]
Note: The amendments to 251.055 by section 5, chapter 464, Oregon Laws 2021, apply to all voters’ pamphlets distributed on or after June 30, 2022. See section 10, chapter 464, Oregon Laws 2021. The text that applies to all voters’ pamphlets distributed before June 30, 2022, is set forth for the user’s convenience.
(1) The Secretary of State shall reject any statement, argument or other matter offered for filing and printing in a voters’ pamphlet which:
(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 or argument exempt from any civil or criminal action because of any defamatory statements offered for printing or contained in the voters’ pamphlet. The persons writing, signing or offering a statement or argument 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 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 so that it does not violate the provisions of this section.