Chapter 2.75
BALLOT MEASURES (effective December 31, 2024)
Sections:
2.75.005 Authorization for advisory ballot questions.
2.75.010 Requirements for inclusion of measures in voters’ pamphlet.
2.75.080 Explanatory statements.
2.75.090 Intergovernmental agreements.
2.75.005 Authorization for advisory ballot questions.
The Josephine County Board of Commissioners may adopt a resolution or order to place an advisory question or questions on the ballot to determine voter attitudes on matters of local concern, at the next general or special election. [Ord. 2024-022 § 1; Ord. 76-2G § 1.]
2.75.006 Costs.
All costs for the placement of advisory questions on the ballot shall be borne by Josephine County. [Ord. 2024-022 § 1; Ord. 76-2G § 2.]
2.75.007 Applicable law.
The election laws of the State of Oregon shall be followed as nearly as possible when placing any advisory questions on the ballot. [Ord. 2024-022 § 1; Ord. 76-2G § 3.]
2.75.008 Nonbinding effect.
The final determination of voter attitudes on the question or questions presented shall not be binding upon the Board and no affirmative or negative action shall be required as a result of placement on the ballot. However, the Board may use the results in any manner deemed to be in the best interest of Josephine County. [Ord. 2024-022 § 1; Ord. 76-2G § 4.]
2.75.010 Requirements for inclusion of measures in voters’ pamphlet.
Any measure and ballot title, explanatory statement, and arguments (for or against or both) concerning a County measure may be submitted to the County Clerk for inclusion in the voters’ pamphlet if the measure meets all requirements set by the state. [Ord. 2024-022 § 1; Ord. 90-3 § 1; Ord. 90-3-E § 1.]
2.75.020 Decision on inclusion.
Repealed by Ord. 2024-022. [Ord. 90-3 § 2; Ord. 90-3-E § 2.]
2.75.030 Explanatory statement.
Repealed by Ord. 2024-022. [Ord. 90-3 § 3; Ord. 90-3-E § 3.]
2.75.040 Notice to County Clerk.
Repealed by Ord. 2024-022. [Ord. 92-10 § 1; Ord. 90-3 § 4; Ord. 90-3-E § 4.]
2.75.050 Judicial review.
A. Explanatory Statement.
1. Any judicial review of an explanatory statement shall be brought in the Circuit Court of the fourteenth Judicial District.
2. The explanatory statement shall be sustained by the Court if it complies with ORS 251.285(2)(b). If the statement does not comply, the Court shall prepare a substituted explanatory statement which does comply with ORS 251.285(2)(b) and shall certify it to the County Clerk.
B. Ballot Title.
1. Any judicial review of a ballot title shall be in accordance with ORS 250.195.
2. The ballot title shall be sustained if it complies with ORS 251.285(2)(a); if it does not comply, the Court shall prepare a ballot title which does comply with ORS 251.285(2)(a) and shall certify it to the County Clerk.
C. Expedited Review and Decision. The Court shall review and decide on the petition as soon as possible, to allow submission of the explanatory statement or ballot title in sufficient time for publication in the voters’ pamphlet. [Ord. 2024-022 § 1; Ord. 90-3 § 5; Ord. 90-3-E § 5.]
2.75.060 Definitions.
Except where a term is defined in this section, the definitions contained in ORS 251.005 and OAR 165-22-000 apply to this chapter.
“Board” means the Josephine County Board of Commissioners.
“Measure” means either of the following matters submitted to the people for approval or rejection at an election; except a “measure” does not include the question of whether a person should be recalled from office:
1. A proposed ordinance, advisory question, or other legislation referred by the governing body of a county.
2. A proposed ordinance or charter amendment or other legislation placed on the ballot by an initiative or referendum petition. [Ord. 2024-022 § 1; Ord. 96-9 § 1.]
2.75.070 Voters’ pamphlet.
A. The County Clerk may prepare, print and distribute a County voters’ pamphlet for any election held in Josephine County. The County Clerk is granted the discretion to determine whether, under all the circumstances, the publication of a County voters’ pamphlet for a given election is appropriate. This chapter does not impose a legal duty on the County Clerk to publish a voters’ pamphlet for all elections held in Josephine County.
B. When the County Clerk determines that a County voters’ pamphlet should be published, state law and the rules of the Secretary of State shall govern the publication and distribution of the County voters’ pamphlet except as otherwise specifically provided in this chapter. [Ord. 2024-022 § 1; Ord. 96-9 § 2.]
2.75.080 Explanatory statements.
A. Measures Referred by Governing Body. If the County Clerk prepares a voters’ pamphlet, the governing body of the County that has referred a measure to the voters shall submit an explanatory statement to the County Clerk within the time allowed by Oregon law. If the governing body does not submit an explanatory statement, the County Legal Counsel shall provide an explanatory statement.
B. No Explanatory Statement Required. If an initiative measure or referendum measure by petition is certified for election, or, if the County Clerk has determined that a voters’ pamphlet is not appropriate for a given election, then neither the Board nor County Legal Counsel are required to submit an explanatory statement.
C. Availability of Proposed Explanatory Statement to the Public. The County Clerk shall keep available to the public in the Clerk’s Office a full and complete copy of all explanatory statements filed under this chapter. [Ord. 2024-022 § 1; Ord. 96-9 § 3.]
2.75.090 Intergovernmental agreements.
The County Clerk may enter into intergovernmental agreements with the Secretary of State for the production and distribution of a County voters’ pamphlet. [Ord. 2024-022 § 1; Ord. 96-9 § 4.]
2.75.100 Short title.
This chapter may be referred to as the “Josephine County Voters’ Pamphlet Ordinance.” [Ord. 2024-022 § 1; Ord. 96-9 § 5.]