Candidates Filing by Petition (ORS 249.002–249.078)

The following information for major political party candidates is provided in the order in which the activities generally occur and includes explanations and time frames for each activity.

Deadline to Register as a Member of a Major Political Party
A candidate who files for a major political party office must have been registered to vote as a member of that political party by September 10, 2009; 180 days prior to the filing deadline. Some exceptions are allowed by ORS 249.046.

All Candidates for Public Office

Qualifications for various public offices differ. Before filing for public office, a candidate should review the constitutional and statutory requirements for the office sought.

See the office requirements table.

Candidates for state partisan offices file under ORS chapter 249.

Warning
A person may only file for one lucrative office at the same election. Unless the person has withdrawn from the first filing, all filings are invalid. ORS 249.013(3)

For US President and Vice President, see a discussion of the methods by which a major political party candidate may have the candidate’s name placed on the ballot in 2012.

Secretary of State

The Elections Division provides the following approved candidate filing forms, available at the back of this manual and online:

Filing of Candidacy for Major Political Party (SEL 101)
Petition for Major Political Party Nomination Signature Sheet (SEL 102)
Statement One or More/No Petition Circulators Will Be Paid (SEL 301)
Statement of Organization for Candidate Committee (SEL 220)
Campaign Account Information (SEL 223)

Warning
All signature sheets must be approved in writing by the Elections Division before circulating. Failure to do so will result in the rejection of those signature sheets.

State Candidates

A candidate may have only one candidate committee. A prospective candidate establishes a candidate committee by opening a campaign account and filing a Statement of Organization for Candidate Committee (SEL 220) and Campaign Account Information form (SEL 223) with the Elections Division.

The candidate is not required to establish a campaign account, file a Statement of Organization or file contribution and expenditure transactions, if all three of the following conditions are met:

the candidate serves as the candidate’s own treasurer
the candidate does not have an existing candidate committee
and
the candidate does not expect to receive or spend more than $750 during a calendar year

The $750 includes personal funds spent for any campaign related expenses, such as any costs related to circulating a nominating petition, paying the candidate filing fee, paying any Voters’ Pamphlet filing fee or cost of a Voters’ Pamphlet portrait. If the candidate exceeds $750 in either contributions or expenditures, the candidate must establish a campaign account and file a Statement of Organization within three business days after exceeding the threshold. Additionally, all contributions and expenditures made during the calendar year must be filed electronically not later than seven calendar days after the threshold has been exceeded.

Most candidates for federal office in Oregon file their campaign finance information with the Federal Election Commission (1 800 424 9530). Candidates for United States Senator file their campaign finance information with the Secretary of the Senate (202 224 0322) at: Office of Public Records, 232 Hart Senate Office Building, Washington, DC 20510-7116.

Deadline to File a Statement of Organization
The Statement of Organization must be filed within 3 business days of receiving a contribution or making an expenditure, but no later than when the completed petition is filed.

If the candidate has an existing candidate committee, the candidate or treasurer must file an amended Statement of Organization for Candidate Committee (SEL 220) within 10 days to reflect any changes (designation of office sought, applicable election, etc.) , but no later than the date of the filing of candidacy.

For further detail on campaign finance requirements, see the Campaign Finance Manual and the ORESTAR User Manual. ORESTAR (Oregon Elections System for Tracking and Reporting) is the Secretary of State, Elections Division’s secure, web-based electronic reporting system.

Before circulating the nominating petition, the candidate files a prospective petition with the Elections Division.

See signature sheet requirements.

Checklist for Filing a Prospective Petition

Below is a checklist of all the components required to file a prospective nominating petition:

Filing of Candidacy for Major Political Party (SEL 101) check-marked “Filing of Candidacy by Prospective Petition.” See suggested guidelines on completing the required sections of this form.

Petition for Major Political Party Nomination Signature Sheet (SEL 102)

Statement One or More/No Petition Circulators Will Be Paid (SEL 301)

Secretary of State

The Elections Division reviews the prospective petition for required information. The Elections Division gives written approval for circulating the petition and advises the candidate of the number of signatures required.

Signature Requirements (ORS 249.068)

For US Senator, Representative in Congress, Governor, Secretary of State, State Treasurer and Attorney General:

The number of verified signatures of electors registered in the same major political party as the candidate required to place a candidate on the ballot for major political party nomination is the lesser of:

1,000 signatures or 2% of the number of votes cast in the electoral district at the last presidential election for the candidates of that major political party for presidential electors. This number will be calculated after the prospective petition is filed.

For State Senator or State Representative:

500 signatures or 2% of the number of votes cast in the electoral district at the last presidential election for the candidates of that major political party for presidential electors. This number will be calculated after the prospective petition is filed.

Distribution Requirements (ORS 249.068)

For a statewide office:

The signatures of active registered voters must be from at least seven counties. From each of these counties, signatures must be from at least 5% of the precincts in each county.

For a US Representative (Congressional) office:

The signatures of active registered voters must be at least one-fourth of the counties in the congressional district. From each of these counties, signatures must be from at least 5% of the precincts in each county.

For a state senator or state representative office located in more than one county:

The signatures of active registered voters must be from two or more counties within the electoral district. From each of these counties, signatures must be from at least 6% of the precincts in each county.

If in one of these counties, 6% of the number of precincts is less than one, signatures need only be from one precinct within the electoral district in that county.

For a state senator or state representative office located in only one county:

The signatures of active registered voters must be from at least 10% of the precincts in the electoral district.

Candidates Filing by Petition

Before circulating the nominating petition for signatures, the candidate reviews with the circulators all of the guidelines for circulating the petition. Failure to comply with the legal requirements and guidelines will result in the rejection of those sheets. The guidelines are:

all signers must be members of the same major political party as the candidate
all signers must be active registered voters within the candidate’s electoral district
all signers on any one petition sheet must be registered in the same county
all signatures must be original signatures
all signatures must be personally witnessed by the petition circulator and the circulator’s certification must be completed and dated after all signatures on the sheet have been collected
circulators must personally sign their legal signature on the petition circulator’s certification with a minimum of a first name initial and full last name
circulators must not attempt to obtain signatures of persons knowing that the person signing the petition is not qualified to sign it
circulators must not alter, correct, clarify or obscure on the signature sheet any information about the petition signer unless the signer initials the changes made. Only a signer may complete their signature and information about themselves, such as their printed name, address and date signed. However, a circulator may assist a disabled signer who requests assistance in completing the optional information
circulators must not accept compensation to circulate a petition that is based on the number of signatures obtained
and
circulators must complete the date when the certification is signed and should not collect any other signatures on that sheet unless the additional signatures are certified

For instructions on certifying new signatures to a petition sheet that has already been certified and dated by a circulator, see OAR 165-014-0270(4)(d). See petition signer and circulator requirements and circulator certification guidelines.

Warning
Violations of certain circulator requirements may result in conviction of a felony with a fine of up to $125,000 and/or prison for up to 5 years.

The candidate circulates the nominating petition by:

obtaining more than the required number of signatures to ensure the petition contains a sufficient number of valid signatures
and
ensuring each signature sheet certification is signed and dated by the circulator

Before submitting the signature sheets to the appropriate county elections officials for signature verification, the candidate must:

sort the signature sheets by county
and
number each signature sheet sequentially within each county in the space provided

The signature verification process must be finished before submitting the completed nominating petition to the Elections Division. The county elections officials review signature sheets for sufficient circulator certification (see OAR 165-014-0270), verify original signatures against the voters’ current registration card and return the certified signature sheets to the candidate. The county may confer with the Secretary of State on proper application of this rule. The candidate must allow enough time to have the signatures verified before the filing deadline.

The candidate files the completed nominating petition with the Elections Division, consisting of the following:

new Filing of Candidacy for Major Political Party (SEL 101) check-marked “Filing of Candidacy by Completed Petition.” See suggested guidelines on completing required sections of this form
Statement Once or More/No Petition Circulators Will Be Paid (SEL 301) marked completed and signed by the candidate
and
signature sheets with the sufficient number of signatures verified by the appropriate county elections officials
Warning
A major political party candidate on the primary election ballot who is not nominated to the general election may not be the candidate of any other political party or become a nonaffiliated candidate for the same office at the general election. ORS 249.048.

Deadline to Complete a Filing of Candidacy for Major Political Party
The deadline is no sooner than September 10, 2009, and no later than 5pm on March 9, 2010, for the 2010 Primary Election.

United States President

Oregon Election Law provides two methods by which a major political party candidate may have the candidate’s name placed on the ballot for nomination for President at the 2012 Primary Election. These methods are:

by the Secretary of State when the Secretary determines that the candidate’s candidacy is generally advocated or recognized in the national news media
or
by nominating petition containing at least 5,000 signatures of electors who are members of the same major political party as the candidate, with the following distribution requirements:
- There must be at least 1,000 signatures from each of Oregon’s five congressional districts.
- The 1,000 signatures from each congressional district must include electors registered in at least one-fourth of the counties in the congressional district.
- The signatures from each of these counties must be obtained from at least 5% of the precincts in each county.

The forms and process for this nominating petition are the same as described in candidates filing by petition, including the requirement that a prospective petition be approved by the Elections Division prior to circulation for signatures. However, state campaign finance reporting requirements do not apply.

The office of President is a federal office. Therefore, candidates for this office must meet the federal campaign finance reporting requirements, not Oregon’s. Contact the Federal Election Commission at 1 800 424 9530 or www.fec.gov for information.

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