(1) Pursuant to Article II, section 18, of the Oregon Constitution, an elector of the electoral district from which the public officer is elected may file a petition demanding the recall of the public officer. The production and circulation of the petition must conform to the requirements governing recall petitions set forth in ORS § 250.048 and 250.052. Before the petition is circulated for signatures, the chief petitioner of the petition shall file with the officer authorized to order the recall election a copy of the prospective petition signed by the chief petitioner.

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Terms Used In Oregon Statutes 249.865

  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Elector: means an individual qualified to vote under Article II, section 2, Oregon Constitution. See Oregon Statutes 249.002
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Prospective petition: means the information, except signatures and other identification of petition signers, required to be contained in a completed petition. See Oregon Statutes 249.002

(2) The chief petitioner shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the recall petition. After the prospective petition is filed, the chief petitioner shall notify the filing officer not later than the 10th day after the chief petitioner first has knowledge or should have had knowledge that:

(a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid.

(b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid.

(3) Each sheet of the recall petition must contain:

(a) The words ‘Petition for recall of,’ (name and title of officer) and the date of the filing under subsection (1) of this section; and

(b) The name and city and state of residence of the chief petitioner.

(4) Not more than 20 signatures on each sheet of the recall petition shall be counted. The circulator shall certify on each signature sheet that the circulator:

(a) Witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet; and

(b) Believes each individual is an elector.

(5) Any intentional or willful violation of subsection (1) or (2) of this section by a chief petitioner of the recall petition listed on the statement of organization filed under ORS § 260.118 invalidates the prospective petition before it is circulated for signatures. [1979 c.190 § 136; 1981 c.142 § 2; 1981 c.173 § 26; 1983 c.756 § 8; 1985 c.471 § 7; 1987 c.210 § 1; 1999 c.318 § 26; 2005 c.797 § 22; 2007 c.155 § 7; 2007 c.848 § 25; 2009 c.818 § 20; 2017 c.749 § 52; 2019 c.675 § 14; 2021 c.473 § 16]

 

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