OAR 165-010-0011: Candidate Filing Eligibility Verification and Posting Requirements

(1) This rule establishes uniform procedures for receiving, public posting, and disclosure of documents described in ORS 249.006 by county and city election officials, and provides provisions for redacting candidate residence information consistent with law. (2) Definitions: (a) “Election document” means a document described in ORS 249.006(1). Nominating petition signature sheets are not subject to the provisions of this rule pursuant to ORS 250.027. (b) “Elections official” means a county clerk as defined in ORS 246.012 or a city elections officer responsible for receiving election documents. (c) “Residence address exemption” means the exemption indicated on an election document and completed by filing form SEL 180 Residence Address Exemption Request, as provided in Oregon Administrative Rule (OAR) 165-010-0012 and ORS 249.021. (d) “Public posting” means making information on election documents available on a county or city elections website. (e) “Business day” means a day other than Saturday, Sunday, or a legal holiday. (3)(a) Upon receipt of an election document indicating that the candidate completed a residence address exemption, the election official must verify that a sufficient SEL 180 form has been filed. (b) If the residence address exemption has not been filed or is insufficient, the elections official must contact the candidate within two business days of receipt of the election document and notify them that if the residence address exemption is not received by the election official’s deadline for publicly posting the election document under section (5)(b) of this rule, the election document will be posted unredacted until a sufficient residence address exemption is received and processed. (c) If a sufficient residence address exemption has been filed, the elections official must redact the candidate’s residence address from the election document before publicly posting the document. (d) The original, unredacted document displaying the residence address must be retained in a secure file consistent with the elections official’s retention schedule. (4)(a) The elections official must verify that each candidate meets qualifications for the office sought. Qualification verification must occur promptly upon receipt of the election document and prior to public posting. (b) If the candidate is determined to be ineligible, the elections official must notify the candidate in writing of the determination and if applicable, include information about how to obtain eligibility. (c) Documentation relied on to make the eligibility verification determination must be retained consistent with the elections official’s retention schedule. (5)(a) Not later than five business days after a complete and sufficient election document is filed, the elections official must publicly post the candidate’s name and the office sought. (b) Not later than two business days after making a determination under section 4 of this rule, the elections official must publicly post a copy of the election document. (c) If, after publicly posting the candidate’s name and office sought, the elections official determines the candidate does not meet the eligibility requirements for the office sought as determined by the elections official under section 4 of this administrative rule, the elections official may either: (A) Include the words “Does not meet eligibility qualifications” next to the candidate’s name and office sought; or (B) Remove the candidate’s name and office sought from the website. (d) If the elections official receives an election document that is a withdrawal of candidacy, the elections official must post a copy of that election document no later than two business days after a complete and sufficient withdrawal form is filed. The elections official shall: (A) Include the words “Withdrawn” next to the candidate’s name and office sought. (B) The original election document posted under section (5)(b) of this rule should be replaced with the withdrawal of candidacy. (C) If a sufficient residence address exemption has been filed, the elections official must redact the candidate’s residence address from the election document before publicly posting the document. (e) Copies of election documents required to be publicly posted under this rule must remain publicly posted and available to the public until the results of the election have been certified by the applicable elections official. However, an elections official may choose to continue to publicly post the election document after the results of the election have been certified. (6)(a) The timelines and fee provisions for fulfilling requests under ORS 249.006 are applicable from the time the election document is filed until the results of the election have been certified. (b) An election document is otherwise subject to inspection as a public record in accordance with the provisions of ORS chapter 192 and ORS 249.021.