Or. Admin. Code § 165-014-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 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) The pre-processing of petition signature sheets is conducted by the Elections Division.

(3) Verification of sampled signature lines against voter registration records may be conducted by either the Elections Division or county elections officials.

(4) 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.

(5) A random sample for any prospective 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.

(6) After receiving the signature sheets from the chief petitioners, the Elections Division utilizes the process outlined in (7) through (18) of this rule to determine if the prospective initiative petition, which is also referred to as the sponsorship petition or submittal, contains the signatures of at least 1,000 electors.

(7) No more than 2,000 signatures 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.

(8) 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.

(9) 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 attached to the prospective initiative petition signature sheet, by staple, paperclip, tape, clipboard, or other method.

(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.

(10) The signature lines on each petition signature sheet accepted for inclusion in the sample will be reviewed and not accepted for sampling if:

(a) The signature line is not certified by the circulator's certification date.

(b) The signature line does not comply with OAR 165-014-0275.

(c) The signature line is crossed out or blank.

(11) 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.

(12) 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.

(13) The Elections Division will consolidate and tabulate the verification data, generated from OCVR, for the first sample.

(14) 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.

(15) 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.

(16) 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.

(17) If after complete verification the Elections 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.

(18) 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.

(19) Once chief petitioners submit the required number of signatures and affirm the petition is complete, the Elections Division utilizes the process outlined in (20) through (31) of this rule to determine if the initiative or referendum petition contains enough valid signatures to qualify for the ballot.

(20) 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.

(21) Prior to verification, each cover and signature sheet is reviewed and removed if:

(a) The cover and signature sheet submitted is not 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.

(22) The signature lines on each petition signature sheet accepted for inclusion in the sample will be reviewed and not accepted for sampling if:

(a) The signature line is not certified by the circulator's certification date.

(b) The signature line does not comply with OAR 165-014-0275.

(c) The signature line is crossed out or blank.

(23) 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.

(24) 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.

(25) 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.

(26) 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.

(27) The Elections Division will consolidate and tabulate the verification data, generated from OCVR, for the first sample.

(28) 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.

(29) 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.

(30) 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.

(31) 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 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 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 submittal will be applied to any additional submittal of signatures.

(d) To determine acceptance or rejection of the petition, the verification data from additional submittals will be added to the verification data of the first submittal and the statistical formula applied to the combined results.

Or. Admin. Code § 165-014-0030

SD 4-1978(Temp), f. & ef. 7-6-78; SD 2-1979, f. & ef. 4-23-79; SD 20-1986, f. & ef. 5-23-86; ELECT 12-1994, f. & cert. ef. 6-23-94; ELECT 8-1999, f. & cert. ef. 9-3-99; ELECT 9-2000, f. & cert. ef. 6-6-00; ELECT 3-2004, f. & cert. ef. 4-15-04; ELECT 3-2005, f. & cert. ef. 3-22-05; ELECT 18-2007, f. & cert. ef. 12-31-07; ELECT 19-2011, f. & cert. ef. 9-26-11; ELECT 7-2014, f. & cert. ef. 1-7-14; ELECT 5-2018, amend filed 01/05/2018, effective 1/5/2018; ELECT 18-2018, amend filed 08/10/2018, effective 8/10/2018

To view tables referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 246.150 & 250.105

Statutes/Other Implemented: ORS 250.105