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That portion of Chapter 249 of the Oregon Revised Statutes with regard to the election of candidates for offices in the City by means of placing names of the candidates upon the ballot of the general election is adopted by reference. (Oed 2880, Amended, 04/04/2002) Section 2.40.020 Nominating Petitions Time Limit. All nominating petitions of candidates for City offices shall be filed with the Office ofthe City Recorder not sooner than the date specified in ORS 221.180, and not later than the date provided in Article Vll, Section 2, of the Ashland City Charter, which is 12 days before the date the Recorder must file the same with the County Clerk. (Oed 2880, Amended, 04/04/2002) '. ARTICLE 7 Elections Section 1. Regular Elections Regular City elections shall be held at the same times and places as biennial general State elections, in accordance with applicable State election laws, Section 2. Notice of Regular Elections The Recorder, pursuant to directions from the Council, shall give at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous place in the City Hall, and by publication in a newspaper of wide and general circulation published in the City of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted upon, and the time and place of the election. Section 3. Special Elections The Council shall provide the time, manner and means for holding any special election which shall comply with applicable State laws. The Recorder shall give at least ten (10) days notice of each special election in the manner provided by the action of the Council ordering the election. Section 4. Regulation of Elections Except as this Charter provides otherwise and as the Council provides otherwise by ordinances relating to elections, the general laws of the State shall apply to the conduct of all City Elections, recounts of the returns therefrom, and contests thereof. Section 5. Nominations A qualified elector may be nominated for an elective City office to be filled at the election. The nomination must be by a petition that specifies the office sought and must be in a fonn prescribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and with the candidate's written acceptance of such nomination. No elector may sign more than one petition for each office to be filled at the election. If he/she does so, his/her signature will be valid only on the first sufficient petition filed for the office. The signatures to a nomination petition need not all be appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the circulator thereof, indicating the number of signers of the paper and stating that each signature of the person appended thereto was made in his/her presence, and is the genuine signature of the person whose name it purports to be. Opposite each signature shall be stated the date of signing, the signer's place or residence, identified by its street and number or other sufficient designation, The Recorder shall make a record of the exact time at which each petition is filed and shall take and preserve the name and address of the person by whom it is filed. If the petition is not signed by the required number of qualified electors, the Recorder shall notify the candidate and the person who filed the petition within twelve (12) days after the filing. If the petition is insufficient in any other particular, the Recorder shall return it immediately to the person who filed it, certifying in writing wherein the petition is insufficient. The deficient petition may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed, within the regular time for filing nomination petitions. All nomination papers comprising a petition shall be assembled and filed in final fonn as one instrument with the Recorder not less than twelve (12) days before the date that the Recorder must file the same with the County Clerk. (Charter Amendment 11-2-82) Section 6. Canvass of Returns In all elections held in conjunction with State and County elections, the State laws governing the filing of returns by the County Clerk shall apply. In each special City election, the returns therefrom shall be filed with the Recorder on or before noon the day following; and, not later than five (5) days after the election, the Council shall meet and canvass the returns. The results of all elections shall be entered in the record of the proceedings of the Council. The entry shall state the total number of votes cast at the election, the votes cast for each person, and for and against each proposition, the name of each person elected to office, the office to which he/she has been elected, and a reference to each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make and sign a Certificate of Election of each person elected and deliver the Certificate to himfher within one Page I of2 . (1) day after the canvass. A Certificate so made and delivered shall be "prima facie" evidence of the truth of the statements contained in it. Section 7. Tie Votes In the event of a tie vote for candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in the manner prescribed by the CounciL Section 8. Oath of Office Before entering upon the duties of hislher office, each officer shall take an oath or shall affirm that he/she will support the constitutions and laws of the United States, the State of Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties of hislher office. . Page 2 of2 Chapter 2.41 VOLUNTARY CONTRIBUTION & SPENDING LIMITS FOR CANDIDATES FOR CITY OFFICES Sections: 2.41.010 2.41.020 2.41.040 2.41.050 2.41.060 2.41.070 2.41.080 2.41.100 2.41.110 Definitions. Contribution and Expenditure Exclusions. Expenditure Limit Definitions. Expenditure Limits. Declaration of Limits on Expenditures. Expenditures Not Qualifying as an Independent Expenditure. Procedures and Appeals. Recorder Responsibilities. Publication. Section 2.41.010 Definitions. The words and phrases used in this chapter shall be construed as defined in ORS Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10/06/2009) Section 2.41.020 Contribution and Expenditure Exclusions. Contribution and Expenditure Exclusions shall be as defined and set forth in ORS Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10/06/2009) Section 2.41.040 Expenditure Limit Definitions. The words and phrases used in this chapter, including specifically Expenditure Limit Definitions, shall be construed as defined in ORS Chapter 260 - Campaign Finance Regulations. (Ord 2994, amended, 10106/2009) Section 2.41.050 Expenditure Limits. A. A candidate for public office may file a declaration of limitation on expenditures as described in section 2.4 1.060 with the recorder stating that the candidate, including the principal campaign committee of the candidate, will not make attributable expenditures in excess of .246 times the number of registered voters on April 1 of each year for any public office. B. For purposes of this section, attributable expenditures made prior to the applicable special, primary or general election reporting period in consideration for goods to be delivered or services to be rendered solely during the special, primary or general election reporting period shall be charged against the expenditure limits described in subsections A of this section in the reporting period during which the goods or services are delivered. C. A candidate or political committee described in subsections A of this section who have filed a declaration under this section stating that the candidate or committee will not make attributable e: expenditures with" respect to the special, primary and general election in excess of the limits described in subsections A and B of this section shall not be bound by the declaration if any opposing candidate or political committee for the same public office at the same election has not filed a declaration indicating that the candidate or political committee will limit expenditures or has filed the statement but has made expenditures exceeding the applicable limit. (ORD 2794, S7 1997) D. The recorder is authorized to adjust annually on April 1st of each year the expenditure limits imposed by this section to account for inflation, based on the Consumer Price Index - All Urban Consumer Portland Index (CPI-U) December to December. (Oed 2994, amended, 10/06/2009) Section 2.41.060 Declaration of Limits on Expenditures. A. The declaration of limits on expenditures filed under section 2.41.050 shall certify that with respect to the special, primary or general election, the candidate or the principal campaign committee of the candidate or political committee will not incur attributable expenditures in excess of the applicable expenditure limit described in section 2.41,050. B. The recorder shall prescribe forms for the filing of the information required by this section. The forms shall also include the name of the candidate by which the candidate is commonly known and by which the candidate transacts important private or official business. (ORD 2794, S8 1997) C. The declaration shall be filed with the recorder: 1. For a candidate, not later than the date the candidate files the name of the candidate's campaign treasurer; and 2. For a political committee, not later than the date that the name of a treasurer is certified to the recorder under ORS 260.035 or 260.037. (Oed 2994, amended, 10/06/2009) . Section 2.41.070 Expenditures Not Qualifying as an Independent Expenditure. Expenditures Not Qualifying as an Independent Expenditure shall be as defined and set forth in ORS Chapter 260 - Campaign Finance Regulations. (Oed 2994, amended, 10/06/2009) Section 2.41.080 Procedures and Appeals. A. With respect to any election, the recorder shall examine each contribution and expenditure statement of each candidate and political committee who filed a declaration of limitation on expenditures under section 2.41.050 to determine whether any candidate or political committee exceeded the applicable expenditure limit. If the recorder determines after any filing that a candidate or political committee has exceeded the applicable expenditure limit, the recorder shall send a notice of the recorder's determination to the candidate or the treasurer of the political committee. Notice shall be sent by certified mail, return receipt requested. If the recorder determines that the recorder or any candidate for election to an office for which the recorder is also a candidate for election has exceeded the applicable expenditure limit, the information shall be sent to the city attorney, who shall be substituted for the recorder in any enforcement proceeding under this section and section 2.41.090. The notice also shall state that the candidate may appeal the recorder's or the city attorney's determination as provided in this section. B. An Appeal of the City Recorder or City Attorney' s determination under subsection A shall be processed in accordance with the Uniform Administrative Appeals Ordinance AMC 2.30., except that the appeal shall be filed and processed in the office of the City Administrator and the Hearing Officer will be selected by City Council. The appeal must be filed within ten (10) calendar days of (- , the date of mailing of the notice of determination. (Ord 2994, amended, 10/06/2009) Section 2.41.100 Recorder Responsibilities. The recorder shall: A. Prescribe forms for declarations required by section 2.41.050, and furnish the forms to persons required to file. . B. Investigate when appropriate under the provisions of sections 2.41.040 to 2.41.090. (Ord 2994, amended, 10/06/2009) Section 2.41.110 Publication. A. The recorder shall: I. For each candidate and political committee described in section 2.41.050, publish a statement in a newspaper of general circulation and published in the City, and any other medium the recorder shall deem appropriate, indicating whether or not the candidate has agreed to limit expenditures under section 2.41.050. 2. Include the statement described in subsection I on the nominating petitions of all prospective candidates for public office. B. If a candidate or political committee described in section 2.41.050 has agreed to limit expenditures, but is not bound by the agreement because an opponent or opposing political committee of the candidate or political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable expenditure limit, the published statement described in subsection 2.4LlIO.A.I shall indicate that the candidate or political committee has agreed to limit expenditures and that the candidate or political committee is not bound by the agreement because an opponent of the candidate or opposing political committee for the same office at the same election has not agreed to limit expenditures or has exceeded the applicable spending limit. (ORD 2794, S I 0 1997) C. If the recorder or the city attorney finds under section 2.41.080 that a candidate described in section 2.41.050 filing a declaration of limitation on expenditures under section 2.41.050 has exceeded the applicable expenditure limit, at the next election at which the candidate is a candidate for election to public office, the recorder shall publish a statement, in a newspaper of general circulation and published in the City, indicating that the candidate violated a previous declaration of limitation on expenditures under section 2.41.050. The statement required by this subsection shall identify the date of the election at which the candidate exceeded the applicable expenditure limit. (Ord 2994, amended, 10/0612009) 221.180 Procedure for nomination of candidates for city offices. (1) This section and ORS chapters 249 and 254 govern the manner of nominating and electing candidates for municipal offices in all cities. (2) Notwithstanding ORS 249,037, if a city does not hold a nominating election for municipal offices, a nominating petition or declaration of candidacy shall be filed not sooner than the 15th day after the date of the primary election and not later than the 70th day before the date of the general election. A candidate who is nominated under this subsection may withdraw candidacy under ORS 249.830. (3) All nominating petitions and declarations of candidacy shall be filed with the city elections officer. If the city charter or ordinance provides a manner of filing for nomination, a candidate for any office of that city shall file in that manner. [Amended by 1957 c.608 9226; 1979 c.190 9408; 1983 c.350 922; 1987 c.267 967; 1995 c.712 991] tUrM-t I g' ~/~DIO::. pn.~ N51 ~~~3 TITLE 21 " ai+~:;;, http://www.leg.state.or.us/ors/221.html Page I of I ~~ 6/11/2009 Page 1 of 1 221.180 Procedure for nomination of candidates for city offices. (1) This section and ORS chapters 249 and 254 govern the manner of nominating and electing candidates for municipal offices in all cities. (2) Notwithstanding ORS 249,037, if a city does not hold a nominating election for municipal offices, a nominating petition or declaration of candidacy shall be filed not sooner than the 15th day after the date of the primary election and not later than the 70th day before the date of the general election. A candidate who is nominated under this subsection may withdraw candidacy under ORS 249.830. (3) All nominating petitions and declarations of candidacy shall be filed with the city elections officer. If the city charter or ordinance provides a manner of filing for nomination, a candidate for any office of that city shall file in that manner. [Amended by 1957 c.608 ~226; 1979 c.190 ~408; 1983 c.350 922; 1987 c.267 967; 1995 c,712 ~91] http;//www.Ieg.state.or.uslorsl22I.html 5113/2010 Section 2.40.020 Nominating Petitions Time Limit. All nominating petitions of candidates for City offices shall be filed with the Office of the City Recorder not sooner than the date specified in ORS 221,180, and not later than the date provided in Article VII, Section 2, of the Ashland City Charter, which is 12 days before the date the Recorder must file the same with the County Clerk. (Ord 2880, Amended, 04104/2002) \ Page 1 of 1