(a) The five most commonly spoken languages in the state, other than English; and
(b) The five most commonly spoken languages in each county, other than English.
(2) The lists created under subsection (1) of this section must:
(a) Be based on the best available data, which may include the most recent American Community Survey from the United States Census Bureau, estimates from the Portland State University Population Research Center and any other necessary data sources;
(b) Include, when complying with subsection (1)(b) of this section, the estimated number of individuals in each county who speak each listed language; and
(c) Be updated at least once every five years.
(3) The Secretary of State shall:
(a) Ensure each state voters’ pamphlet mailed to residents of a county is translated in the manner described in ORS 251.170 into:
(A) Each language listed by the Secretary of State under subsection (1)(a) of this section;
(B) Each language listed by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 100 or more individuals in any one county; and
(C) Each language that has previously been listed by the Secretary of State under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;
(b) Ensure each county voters’ pamphlet mailed to residents of a county is translated in the manner described in ORS 251.170 into:
(A) Each language listed by the Secretary of State under subsection (1)(a) of this section;
(B) Each language listed for the county for that county voters’ pamphlet by the Secretary of State under subsection (1)(b) of this section that the Secretary of State estimates under subsection (2)(b) of this section to be spoken by 100 or more individuals in the county; and
(C) Each language that has previously been listed by the Secretary of State for the county for that county voters’ pamphlet under subsection (1)(b) of this section, even if the language is not included in the most recent list created by the Secretary of State;
(c) Make each translation of the voters’ pamphlet that is made under paragraph (a) or (b) of this subsection or subsection (4) of this section available on the website of the Secretary of State and of the county as applicable; and
(d) Prominently provide the website address for each translation in the manner set forth in ORS 251.026 and 251.315.
(4) Notwithstanding subsection (3)(a)(B) and (b)(B) of this section, if the Secretary of State estimates under subsection (2)(b) of this section that no language, other than English, is spoken by 100 or more individuals in a particular county, the Secretary of State shall ensure:
(a) Each state voters’ pamphlet mailed to residents of the county is translated in the manner described in ORS 251.170 into the most commonly spoken language in that county, other than English, as listed by the Secretary of State under subsection (1)(b) of this section; and
(b) Each county voters’ pamphlet mailed to residents of the county is translated in the manner described in ORS 251.170 into the most commonly spoken language in that county, other than English, as listed by the Secretary of State under subsection (1)(b) of this section.
(5) The Secretary of State:
(a) May adopt any rules necessary to implement this section; and
(b) Is responsible for all costs necessary to comply with this section. [2021 c.464 §2]
Note: Section 10, chapter 464, Oregon Laws 2021, provides:
Sec. 10. Sections 2, 3 and 7 of this 2021 Act [251.167, 251.170 and 251.173] and the amendments to ORS 251.026, 251.055 and 251.315 by sections 4 to 6 of this 2021 Act apply to all voters’ pamphlets distributed on or after June 30, 2022. [2021 c.464 §10]
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.