165-014-0005 Designating the Initiative, Referendum and Recall Manuals and Forms (1) The Secretary of State designates the State Initiative and Referendum Manual, revised 01/201608/2017 and associated forms as the procedures and forms to be used for the state initiative and referendum process. (2) The Secretary of State designates the Recall Manual, revised 01/2016 and associated forms as the procedures and forms to be used for the recall process. (3) The Secretary of State designates the County, City and District Initiative and Referendum Manual, revised 01/2016 and associated forms as the procedures, except where state law permits the procedure to be otherwise under local charter or ordinance, and forms to be used for the local initiative and referendum process. (4) The Secretary of State designates the County, City and District Referral Manual, revised 01/2016 and associated forms as the procedures, except where state law permits the procedure to be otherwise under local charter or ordinance, and forms to be used for the local referral process. (5) The Secretary of State designates the Circulator Training and Registration Manual, revised 01/2016 and associated forms as the curriculum, procedures and forms to be used to register as required under ORS 250.048 by a person who will be paid to gather signatures on a state initiative, referendum or recall petition. (6) For purposes of subsection (5) of this rule, initiative is meant to include each phase of the petition's signature gathering effort including the sponsorship phase, the primary signature gathering effort and any supplemental signature gathering efforts.

State Initiative and Referendum Manual 10

Forms are available online at www.oregonvotes.gov.

determining if the circulator’s certification is sufficient

verifying original signatures using voter registration records

If petition contains at least 1,000 sponsorship signatures the Elections Division: forwards the text to the Attorney General for drafting of the ballot title

seeks public input on whether the text of the proposed law or constitutional amendment complies with the procedural constitutional requirements for proposed initiative petitions

If the petition does not contain at least 1,000 sponsorship signatures chief petitioners: may make one additional submission of signatures.

Requesting Preliminary Templates New Provisions

Chief petitioners may use preliminary templates to collect signatures during the ballot title drafting period and any appeal process if the following conditions are met:

the petition is for the current petition cycle

See Filing Requirements on page 5 for the first day of the current petition cycle.

the Elections Division has received at least 1,000 sponsorship signatures

Additionally, chief petitioners must:

1 request preliminary templates from the Elections Division and use the templates to prepare cover and signature sheets exactly as intended to circulate

2 ensure a campaign account has been established and a Statement of Organization filed

See Campaign Finance Reporting on page 4.

3 provide the Elections Division with an exact example of what will be circulated 4 submit not later than the 10th business day of every month all signatures gathered during the previous

calendar month by any individual being paid to circulate the petition

See Gathering Signatures and Submitting Signatures on page 14.

5 if paying any person money or other valuable consideration to obtain signatures submit detailed copies of accounts by the 10th business day of each month after any month in which circulators were paid to collect signatures

After receiving the final ballot title the Elections Division will provide updated templates. Chief petitioners must prepare and submit new cover and signature sheets for approval using the updated templates.

Once templates that contain the final ballot title are issued, chief petitioners will have 30 days to remove all preliminary versions of cover and signature sheet templates from circulation.

Draft Ballot Title ORS 250.035, 250.065 and 250.067

A ballot title is a concise and impartial statement summarizing the initiative and its major effect that is printed on the reverse of all signature sheets used for circulation and on the ballot.

165-014-0030 Statistical Sampling Procedures for State Petitions (1) This rule is adopted to implement ORS 250.045(1) and ORS 250.105(5). (2) Unless the context requires otherwise, the following definitions apply to this rule and the associated appendices: (a) “Sponsorship Submittal” means the petition sheets submitted which chief petitioners affirm contain at least the minimum required number of signatures necessary to satisfy ORS 250.045(1). Also known as “prospective initiative petition” and “sponsorship petition”. (b) “Primary Submittal” means the petition sheets submitted which chief petitioners affirm contain at least the minimum required number of signatures and that the petition is complete. (c) “Supplemental Submittal” means any petition sheets submitted which chief petitioners affirm supplement previous submittals and contain at least the minimum required number of remainder signatures necessary to complete the petition. A supplemental submittal will only be processed if the Elections Division determines the petition does not contain the required number of signatures and if it was submitted prior to the filing deadline. (23) The pre-processing of petition signature sheets is conducted by the Elections Division. (43) Verification of sampled signature lines against voter registration records may be conducted by either the Elections Division or county elections officials. (54) The handwriting characteristics and factors set forth in the Vote by Mail Procedures Manual adopted under OAR 165-007-0030 will be used to evaluate and determine whether the signature on any sampled signature line matches signatures contained in the voter’s registration record. (a) Only a signature possessing obvious and predominantly matching characteristics with signatures contained in the voter's registration record may be determined to be a match. (b) A signature possessing more non-matching than matching characteristics with signatures contained in the voter's registration record shall be reviewed by at least two different signature verification staff members before it is rejected as a non-matching signature. (65) A random sample for any sponsorship submittal, primary submittal or supplemental submittalprospective initiative, initiative or referendum petition submittal, will only be selected if the Elections Division determines the petition signature sheets accepted for inclusion in the sample contain a number of unverified signatures equal to or greater than the required number of signatures necessary to accept the petition. (76) After receiving the signature sheets from the chief petitioners, tThe Elections Division utilizes the process outlined in (87) through (189) of this rule to determine if the prospective initiative petition satisfies the requirements of ORS 250.045(1), which is also referred to as the sponsorship petition or submittal, contains the signatures of at least 1,000 electors. Verification results will be combined with any subsequent primary and supplemental submittal in accordance with Appendix 2. (87) No more than 2,000 signatures in a sponsorship submittal will be accepted for verification at any one time. Signatures submitted in excess of this requirement are void and will not be included for sampling nor returned to the chief petitioner. (98) Two signature samples may be selected in order to determine if the petition contains the required number of valid signatures. The sample size determination and statistical formula used to determine if a prospective initiative petition contains the required number of valid signatures is contained in Appendix 1, which is incorporated into this rule by reference. (109) Prior to verification, each cover and signature sheet is reviewed and removed if: (a) The text of the prospective initiative petition is not incorporated into the cover sheet and copied onto the back or stapled to the prospective initiative petition signature sheet. (b) The circulator certification is insufficient as defined by OAR 165-014-0270. (c) All information included in the optional information fields about the petition signers, such as their printed name, address and date signed, does not comply with OAR 165-014-0275.

(d) The cover and signature sheet submitted is produced on colored paper stock when the petition is not using paid circulators. (e) The electronic template submitted is produced on colored paper stock. (e) No sheet number is provided. (110) The signature lines on each petition signature sheet accepted for inclusion in the sample will be reviewed. Any signature line that is crossed out, blank or and not accepted for sampling if: (a) The signature line is not certified by the circulator’s certification date will not be accepted for sampling. (b) The signature line does not comply with OAR 165-014-0275. (121) Those individual signature lines accepted for sampling will be entered into the Oregon Centralized Voter Registration System (OCVR) which will be used for the random signature selection process and to verify signatures. (13) If any sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. (142) The first random sampling of petition signature lines is verified. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. (153) The Elections Division will consolidate and tabulate the verification data, generated from OCVR, for the first sample. (164) The statistical formula will be applied to the data from the first sample. If the prospective initiative petition is accepted as a result of the first sample the Elections Division will notify the chief petitioners or correspondence recipient and forward the text to the Attorney General for drafting of the ballot title. (175) If the prospective initiative petition is not accepted as a result of the first sample, the remaining petition signature lines will be verified. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. (186) The verification data for the remaining petition signature lines will be added to the first sample data and the statistical formula applied to the combined results. If the prospective initiative petition is accepted after complete verification the Elections Division will notify the chief petitioners or correspondence recipient and forward the text to the Attorney General for drafting of the ballot title. (197) If after complete verification the Election Division determines the prospective initiative petition does not contain 1,000 valid signatures, chief petitioners may make one additional submittal of no more than 2,000 signatures. (a) The verification procedures applied to the combined first and second sample will be applied to the second submittal of signatures. (b) If the results of verification of the second submittal of signatures do not qualify the petition for acceptance, the chief petitioners must begin the prospective initiative petition process again. (2018) Signature verification of the prospective initiative petition must be completed: (a) Not later than 10 business days after receipt of the prospective petition signatures; (b) Not later than 20 business days after receipt of prospective petition signatures if two or more prospective petitions are received in a single day; or (c) Not later than 20 business days after receipt of prospective petition signatures if all signatures contained in the prospective petition are required to be verified. (2119) Once chief petitioners submit the required number of signatures and affirm the petition is complete, the Elections Division utilizes the process outlined in (202) through (314) of this rule to determine if the primary submittal of the initiative or referendum petition contains enough valid signatures to qualify for the ballot. (22) Any signatures gathered on preliminary templates issued by the Elections Division for the purposes of gathering signatures during the ballot title drafting process of an initiative petition will be reviewed and processed as part of any primary signature submittal made by chief petitioners.

(230) Two signature samples may be selected in order to determine if the initiative or referendum petition contains the required number of valid signatures. The statistical formulas used to determine if an initiative or referendum petition contains the required number of valid signatures are contained in Appendix 2 and Appendix 3, respectively. Both appendices are incorporated into this rule by reference. (241) Prior to verification, each cover and signature sheet is reviewed and removed if : (a) The cover and signature sheet submitted is not a preliminary version, if applicable, or a version that was approved for circulation. (b) The circulator certification is insufficient as defined by OAR 165-014-0270. (c) All information included in the optional information fields about the petition signers, such as their printed name, address and date signed, does not comply with OAR 165-014-0275. (d) The cover and signature sheet submitted is produced on colored paper stock when the petition is not using paid circulators. (e) The electronic template submitted is produced on colored paper stock. (f) No sheet number is provided. (252) The signature lines on each petition signature sheet accepted for inclusion in the sample will be reviewed. Any and not accepted for sampling if: (a) The signature line that is crossed out, blank or not is not certified by the circulator’s certification date will not be accepted for sampling.. (b) The signature line does not comply with OAR 165-014-0275. (263) Those individual signature lines accepted for sampling will be entered into the Oregon Centralized Voter Registration System (OCVR) which will be used for the random signature selection process and to verify signatures. (274) The size of the first sample of signatures will be fixed at 1,000. The size of the second sample of signatures will be specified such that the total number of signatures for the combined first and second sample will be at least five percent of the total number of signatures accepted for verification. (285) The petition signature sheets containing signature lines selected in the first and second random samples are separated from the signature sheets that are not selected in the sample. (296) The first random sampling of petition signature lines is verified. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. (3027) The Elections Division will consolidate and tabulate the verification data, generated from OCVR, for the first sample. (3128) The statistical formula will be applied to the consolidated data from the first sample. After determining the result of the first sample the Elections Division will notify the chief petitioners or correspondence recipient that the petition has either qualified to the ballot or that the second larger sample will be verified. (3229) The second random sampling of petition signature lines is verified. If the sampled signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. (3330) The verification data for the second sample will be added to the first sample data and the statistical formula applied to the combined results. If the petition is accepted after verification of the combined sample the Elections Division will notify the chief petitioners or correspondence recipient that the petition has qualified to the ballot. (341) If after verification of the combined sample the Elections Division determines the petition does not contain the required number of valid signatures, chief petitioners may submit additional signatures as long as the filing deadline has not passed. Each additional supplemental submittal will be verified using the following process: (a) A single sample that is the larger of 250 signatures or a number of signatures that is directly proportional to the first primary submittal of signatures will be selected from additional signatures accepted for inclusion in the sample.

(b) If fewer than 250 signatures are submitted then all signatures are verified. (c) The verification procedures applied to the first primary submittal will be applied to any additional supplemental submittal of signatures. (d) To determine acceptance or rejection of the petition, the verification data from additional supplemental submittals will be added to the verification data of the first primary submittal and the statistical formula applied to the combined results. [ED NOTE: The Appendices referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

165-014-0034 (1) Notwithstanding OAR 165-014-0030(8), any number of signatures on sponsorship templates may be submitted not later than October 1, 2017. These signatures will be treated the same as those gathered on primary templates. (2) This rule sunsets on November 7, 2018.

165-014-0275 Completion of Optional Information on Petition Sheets (1) The purpose of this rule is to establish standards governing what an Elections Official will review for in determining if there has been a violation of ORS 260.567. This rule applies to all state and local initiative, referendum, recall and candidate nominating petitions. (2) A petition signature sheet will be rejected for noncompliance with ORS 260.567 and not included in the sample if: (a) The same handwriting appears to have completed the optional information on all lines of the petition sheet; (b) Optional information on all lines has been entered, altered, corrected, clarified or obscured by typewriting or other mechanical means; (d) For any other reason the Elections Official determines from the face of the signature sheet that a person or persons other than the petition signers entered, altered, corrected, clarified or obscured any information about the person who signed the signature sheet, including the optional fields of printed name, residence address and date signed. (3) If the same handwriting appears to have completed the optional information on multiple lines only the first signature line will be included in the sample. All other lines will be rejected for noncompliance with ORS 260.567 and will not be included in the sample. (4) Notwithstanding paragraphs (2) and (3) of this rule, a signature sheet or an individual signature line will not be rejected for noncompliance with ORS 260.567 if: (a) the Elections Official determines that the person who entered, altered, corrected, clarified or obscured information about the petition signer was a member of the same household; (b) Each entry or change of information made by a person other than the signer, was subsequently initialed by the person who signed the signature sheet; or (cb) Each entry or change of information occurred with regard to a signer who is a person with a disability who requested assistance in writing, altering, correcting, clarifying or obscuring on the petition sheet any information about the person. (5) For purposes of this rule, “optional information” means information in the optional fields of printed name, residence address and date signed.