Laws governing local ballot measures in Oregon
All Oregon cities and counties have an initiative and referendum process for local ballot measures.
This article sets out the laws governing local ballot measures in Oregon. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 36 counties, 240 cities, towns, and villages, and 1,029 special districts.[1]
School districts
- See also: School bond and tax elections in Oregon
In Oregon, ballot questions are required if a school district wants to issue bonds.
Local recall rules
The citizens of Oregon are granted the authority to perform a recall election by Article 2, Section 18 of the Oregon Constitution.
- For additional detail, see: Laws governing recall in Oregon
Campaign finance rules
Initiative process availability
Initiative is available for citizens of all cities and counties in Oregon.
- General law cities
- Charter cities (for ordinances and charter amendments)
- General law counties
- Charter counties (for county measures and charter amendments)[2]
Authority
Ballot Law Portal |
Laws Governing Ballot Measures |
Constitution
Art. VI, Section 10 reserves the initiative power for county legislation and charter amendments in charter counties.
See law: Oregon Constitution, Article VI, Section 10
Art. IV, Section 1(5) reserves the initiative power to citizens in all cities.
“ | (5) The initiative and referendum powers reserved to the people by subsections (2) and (3) of this section are further reserved to the qualified voters of each municipality and district as to all local, special and municipal legislation of every character in or for their municipality or district. The manner of exercising those powers shall be provided by general laws, but cities may provide the manner of exercising those powers as to their municipal legislation. In a city, not more than 15 percent of the qualified voters may be required to propose legislation by the initiative, and not more than 10 percent of the qualified voters may be required to order a referendum on legislation.[3] | ” |
See law: Oregon Constitution, Article IV, Section 1(5)
A guide to local ballot initiatives | |
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Statutes
The laws governing initiative in Oregon are in the Oregon Revised Statutes, Chapter 250. There are general provisions applicable to counties and cities in Sections 250.005 to 250.043.
See law: Oregon Revised Statutes, Sections 250.005 to 250.043
General law counties have a state-set process for initiative in Oregon Revised Statutes Sections 250.155 to 250.235. Charter counties must allow initiative under the Constitutional provision. A charter county may use the general law process, or adopt alternative provisions by charter or ordinance, subject to the Constitutional signature requirements.
See law: Oregon Revised Statutes, Sections 250.155 to 250.235
Cities must allow initiative under the Constitutional provision. There is a state-set process in Oregon Revised Statutes Sections 250.265 to 250.346, but cities are allowed to alter certain requirements such as different filing deadlines and signature percentages, subject to the Constitutional signature percentage limits. ORS 221.210 makes the same initiative process available for charter amendments, but charter cities may again change particular requirements by charter.
See law: Oregon Revised Statutes, Sections 250.255, 250.265 to 250.346Section 221.210
Initiative process features
Local I&R Laws in the 50 States |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
Counties
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Cities
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Initiative in the top 10 most populated cities
The top 10 most populated cities in Oregon are all governed under a home rule charter. Initiative is available for ordinances and charter amendments. The initiative process for cities is generally governed by the Oregon Constitution Article IV, Section 1 and Oregon Revised Statutes Chap. 250. However, charter cities may differ from the statutes and set their own signature percentages, filing deadlines, or additional requirements. The requirements altered by the city charter or code are provided below. Charter cities must follow the state rules regarding form of petitions and pre-filing.
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External links
- Ballotpedia research document of Oregon local I&R laws
- League of Oregon Cities
- Charter cities of Oregon, League of Oregon Cities
Footnotes
- ↑ U.S. Census Bureau, "2022 Census of Governments – Organization," accessed October 16, 2023
- ↑ Ballotpedia, "Types & #s of local government by state," September 2012
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 US Census, "Annual Estimates of the Resident Population for Incorporated Places in Oregon: April 1, 2010 to July 1, 2011," accessed October 29, 2014
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