| Oregon school districts, education service districts and
community colleges can issue general obligation bonds only if they have voter approval of
a bond levy authorizing them to do so. Districts can receive this authorization at any
election with at least a 50 percent turnout and a majority approving the measure. The only
exception is the general election in even numbered years which has no turnout requirement. Election dates
School measures can be submitted to voters on the following dates (ORS 255.345).
- Second Tuesday in March
- Third Tuesday in May
- Third Tuesday in September
- First Tuesday after the first Monday in November
For an election calendar visit the Secretary of State's Election Division Web site.
Double
majority requirement
Under Oregon law, voters must approve any increase in taxes -- a bond levy -- in an
election with at least a 50 percent voter turnout. The only exception is the November
general election in even numbered years. There is no turnout requirement for that
election. If districts meet the turnout requirement, then a simple majority, one more than
50 percent, is required to approve the measure. For a detailed listing of election results
see our Election Results page.
If voters approve a bond measure but the election misses
the turnout requirement by less than five percent, districts should consider encouraging a
district resident to challenge the eligibility of individuals listed as registered voters
who have moved out of the district or who are deceased.
Under ORS 258.036, a district resident has until the 40th
day after the election or the completion of a recount to file a petition challenging the
eligibility of voters identified as moved out of the district or deceased. The petition
must be filed in the circuit court in the county where the election was held.
Information sufficient to change a voter’s
eligibility includes:
- U.S. Postal Service change of residence address or
published death notice.
- Information provided by the voter.
- Written notification from family of a death or the
official death notice.
Districts considering challenging voter eligibility
should talk with their county clerk and school attorney before engaging citizens in the
challenge process.
Notice of
election
Districts must file the notice of election with the county clerk 61 days prior to the
election date (ORS 255.085). Bond counsel prepares the notice of election as an attachment
to the resolution calling an election. The notice must include:
- The purpose for which the bonds will be used.
- The amount and term of the bonds.
- The kind of bonds proposed for issue.
The notice of election includes the ballot title, which
is the actual wording that appears on the printed ballot. Oregon law requires the ballot
title to provide a reasonably detailed, simple and understandable description of the use
of proceeds (ORS250.037(3)). Consequently, districts should write the ballot title using
survey data in presenting the issue so that it reflects community priorities and concerns
and is easy for voters to understand.
The district’s bond counsel should review the
district-drafted ballot title to be sure it meets all legal and statutory requirements.
Failure to consult with bond counsel could result in an invalid ballot title and an
invalid election.
Publishing
requirements
The elections officer in the county clerk’s office is
required to publish notice of the election in a newspaper of general circulation in the
district.
The elections officer also is required to publish a
facsimile of the ballot not later than the day of the election nor sooner than 15 days
before the election (ORS 255.095).
The elections officer is responsible for preparing the
official ballot for the election as well as conducting the election.
Voting by mail
Under current law, mail ballots may be used at
any election other than the May primary or November general elections. Use of vote-by-mail
is at the discretion of the county clerk under supervision of the Secretary of State.
County clerks in all Oregon counties now conduct all
elections except the May primary and November general elections by mail. In addition, a
majority of voters are requesting absentee ballots for the primary and general elections.
As a result, districts should consider all elections vote-by-mail and plan election
timelines according to the county clerk’s mailing schedule.
The vote-by-mail law requires ballots to be mailed to
registered voters not sooner than 20 days before the date of the election and not later
than the 5th day before the election. To be counted ballots must be received by the county
clerk by 8 p.m. on election day. Voters may return ballots by mail or in person (ORS
254.456).
Information on Oregon's county clerks is available on the
Secretary of State's Election Division Web site. |
