(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.
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 251 - Voters’ Pamphlet
Section 251.005 - Definitions.
Section 251.014 - Electronic filing system; rules.
Section 251.026 - Statements and information included in voters’ pamphlets; rules.
Section 251.046 - Content of statements and arguments.
Section 251.065 - Filing portrait and statement by or for candidate; rules.
Section 251.075 - Portrait requirements; rules.
Section 251.125 - Disclaimer; identification of portrait or statement.
Section 251.135 - Withdrawal of material; refund of filing fee.
Section 251.165 - Preparing material for inclusion in state voters’ pamphlet.
Section 251.170 - Requirements for translation of voters’ pamphlets; rules.
Section 251.173 - Translation Advisory Council; membership; compensation; duties.
Section 251.175 - Distribution of pamphlet; rules for nonstatewide special elections.
Section 251.215 - Preparation and filing of explanatory statement of measure.
Section 251.235 - Supreme Court review of explanatory statement; service requirements.
Section 251.295 - Radio and television broadcasts to supplement pamphlet.
Section 251.305 - County voters’ pamphlet.
Section 251.325 - Schedule and procedures for producing and distributing pamphlet; fees; rules.
Section 251.335 - Filing portrait and statement by or for candidate; disclaimer.
Section 251.355 - Filing arguments for or against measure.
Section 251.365 - Cost of pamphlet preparation; allocation of revenue.
Section 251.395 - Content of statements and arguments; notice of material that may be excluded.