Or. Admin. Code § 165-024-0005

Current through Register Vol. 63, No. 11, November 1, 2024

Section 165-024-0005 - Definitions

(1) The following definitions apply for purposes of OAR 165-024-0005 to OAR 165-024-0030.

(2)Candidate Filer means a candidate or a candidate's agent.

(3)Candidate's agent means a person who has actual oral or written authority, either express or implied, to make or authorize the filing of translated statements on behalf of the candidate.

(4)Community Validation means obtaining recommendations from a range of culturally and linguistically diverse communities to ensure that translated materials meet the information needs of the intended audience in a culturally and linguistically responsive way.

(5)Council means the Translation Advisory Council.

(6) The County List of Languages means the sum of the following:

(a) the Top Five Languages in the state of Oregon; and

(b) all of the Top Five Languages in the county that are the primary language for at least 100 people with Limited English Proficiency in the county; and

(c) any language that previously appeared on the Top Five Languages list for the county, if the language remains the primary language for at least 100 people in the county who have Limited English Proficiency; and

(d) if none of the Top Five Languages in the county is the primary language for at least 100 people with Limited English Proficiency in the county, then the Most Commonly Spoken Language in the county.

(7)County Voters' Pamphlet means a written document mailed at the direction of a county elections official to county residents for the purpose of providing any of the information described in OAR 165-024-0025.

(8)Culturally responsive means identifying, nurturing, and using community customs, norms, and values, usually through direct experience in a culture, and appropriately expressing and reflecting those to meet the intended audience's needs.

(9)Language(s) means languages other than English.

(10)Limited English Proficiency means that a person does not speak English as their primary language and has a limited ability to read, speak, write, or understand English.

(11)Local Ballot Measure Information means the local government ballot title, explanatory statements and statements created by state, local and special government bodies.

(12) The Most Commonly Spoken Language(s) in a state or county means the primary language(s) for the most people in the state or county who have Limited English Proficiency.

(13)Plain Language means written communication that the intended audience can understand the first time they read it.

(14)Selected Voters' Pamphlet Material means the portions of the state and county voters' pamphlets that this rule requires the Secretary of State to have translated and post online.

(15)State List of Languages means the sum of the following:

(a) the Top Five Languages in the state of Oregon; and

(b) the Top Five Languages in any county in Oregon, and

(c) any language that previously appeared in a Top Five Languages list for any county in Oregon, and

(d) if none of the Top Five Languages in a county is the primary language for at least 100 people with Limited English Proficiency in the county, then the Most Commonly Spoken Language in that county.

(16)Top Five Languages means the five Most Commonly Spoken Languages in the state or county, as appropriate.

(17)Translate or translation means transferring written text accurately from one language into another to convey and retain the original meaning in an equivalent and culturally and linguistically responsive manner for the community being served.

(a) Translations of written statements are distinct from interpretation of spoken statements.

(b) The community to be served by a translation of voters' pamphlet material is the community of people in Oregon who have Limited English Proficiency and who speak the language as their primary language.

Or. Admin. Code § 165-024-0005

ELECT 25-2022, temporary adopt filed 08/31/2022, effective 9/1/2022 through 2/27/2023; ELECT 1-2023, adopt filed 01/10/2023, effective 1/11/2023

Statutory/Other Authority: HB3021, ORS 247.005, ORS 246.150, ORS 251.026, ORS 251.167, ORS 251.170, ORS 251.173 & ORS 251.315

Statutes/Other Implemented: ORS 251.026, ORS 251.167, ORS 251.170, ORS 251.173 & ORS 251.315