(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]
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.