(1) If a community college district measure relating to bonding, a county measure or a measure of a metropolitan service district organized under ORS Chapter 268, and the ballot title, explanatory statement and arguments relating to the measure, are to be included by the Secretary of State in the state voters’ pamphlet as provided in ORS § 251.067, the requirements of this section shall be satisfied.

(2) A community college district measure relating to bonding, a county measure or a metropolitan service district measure, and the ballot title, explanatory statement and arguments relating to the measure, shall not be printed in the voters’ pamphlet unless:

(a) The ballot title is a concise and impartial statement of the purpose of the measure;

(b) The explanatory statement is an impartial, simple and understandable statement explaining the measure and its effect;

(c) The county, metropolitan service district or community college district adopts and complies with an ordinance that provides a review procedure for a ballot title or explanatory statement that is contested because it does not comply with the requirements of paragraph (a) or (b) of this subsection;

(d) The county, metropolitan service district or community college district adopts and complies with an ordinance that provides for acceptance of typewritten arguments relating to the measure not to exceed 325 words to be printed in the voters’ pamphlet; and

(e) The county, metropolitan service district or community college district does not require of a person filing an argument a payment of more than $300, or a petition containing more than a number of signatures equal to 1,000 electors eligible to vote on the measure or 10 percent of the total of such electors, whichever is less.

(3) Any judicial review of a determination made under the review procedures adopted under subsection (2)(c) of this section shall be first and finally:

(a) For a county measure, in the circuit court of the judicial district in which the county is located; or

(b) For a community college district measure relating to bonding or a metropolitan service district measure, in the circuit court of the judicial district in which the administrative office of the metropolitan service district or community college district is located.

(4) If the county, metropolitan service district or community college district has adopted and complied with ordinances prescribed in subsection (2) of this section, the decision to include the measure, ballot title, explanatory statement and arguments in the voters’ pamphlet shall be made by:

(a) The county governing body with regard to a county measure, the council of the metropolitan service district with regard to a metropolitan service district measure or the district elections authority with regard to a community college district measure relating to bonding.

(b) The chief petitioners of the initiative or referendum with regard to a measure initiated or referred by the people. The chief petitioners shall indicate their decision in a statement signed by all of the chief petitioners and file the signed statement:

(A) For a county measure, with the county clerk;

(B) For a metropolitan service district measure, with the executive officer of the metropolitan service district; or

(C) For a community college district measure relating to bonding, with the district elections authority.

(c) A political committee, as defined in ORS § 260.005, that opposes the measure. The committee shall indicate its decision in a statement signed by every committee director, as defined in ORS § 260.005, and file the signed statement:

(A) For a county measure, with the county clerk;

(B) For a metropolitan service district measure, with the executive officer of the metropolitan service district; or

(C) For a community college district measure relating to bonding, with the district elections authority.

(5) The county, metropolitan service district or community college district shall file the measure, ballot title, explanatory statement and arguments with the Secretary of State not later than the 70th day before the general election or the 68th day before a special election held on the date of any primary election. The county, metropolitan service district or community college district shall pay to the Secretary of State the cost of including the material described in this subsection in the pamphlet as determined by the secretary. The Secretary of State shall not print the material in the pamphlet unless:

(a) The time for filing a petition for judicial review of a determination made under subsection (2)(c) of this section has passed; and

(b) The measure, title, statement and arguments properly filed with the county, metropolitan service district or community college district, are delivered to the secretary.

(6) As used in this section, ‘community college district’ has the meaning given that term in ORS § 341.005. [Formerly 255.455; 1981 c.173 § 29; 1989 c.250 § 1; 1991 c.15 § 3; 1991 c.719 § 11; 1995 c.712 § 47; 1999 c.318 § 53; 2001 c.965 § 11; 2009 c.817 § 4; 2017 c.392 § 2]