Oregon Measure 90, Top-Two Primaries Initiative (2014)

Measure 90 Type Initiated state statute Origin Citizens Topic Elections and campaigns Status Defeated d

2014 measures November 4 Meausre 86 d Measure 87 a Measure 88 d Measure 89 a Measure 90 d Measure 91 a Measure 92 d Endorsements Polls • Expenditures Local measures

The Oregon Open Primary, Measure 90 was on the November 4, 2014 ballot in Oregon as an initiated state statute, where it was defeated.

The measure would have created a top-two system of general election voting where all voters receive the same primary ballot that shows all candidates, regardless of political party. Candidates would have been allowed to include on the ballot their party registration and if they've been endorsed by a party. The top two candidates, regardless of political party, would then be voted upon in the general election.

Election results

Below are the official, certified election results:

Oregon Measure 90
Result		Votes	Percentage
d No		987,050	68.23%
Yes		459,629	31.77%

Election results via: Oregon Secretary of State

Text of measure

Ballot title

The certified ballot title for this initiative was:

“

Changes general election nomination processes: provides for single primary ballot listing candidates; top two advance Result of "Yes" Vote: "Yes" vote replaces general election nomination processes for most partisan offices; all candidates listed on one single primary ballot; two advance to general election ballot. Result of "No" Vote: "No" vote retains current general election nomination processes, including party primaries for major parties; separate primary ballots; multiple candidates can appear on general election ballot. Summary: Currently, each major party has a separate primary election ballot. Major party's registered voters nominate party's candidates; others' primary ballots include only nonpartisan candidates; all vote for one candidate per office. General election ballot may include multiple candidates per office: unaffiliated, major, minor party candidates. Measure replaces that system for most partisan offices, including many federal (not Presidential), all state, county, city, district offices. Single primary ballot lists all candidates for each office. Voters may vote for any candidate, regardless of voter's or candidate's party affiliation. Only top two candidates per office appear on general election ballot; may be from same party. Primary, general election ballots must contain candidates' party registration/endorsements. Eligible person, regardless of party, may be selected to fill vacancy. Other provisions.

”

Full text

The full text can be read below:

SECTION 1. Short title. This 2014 Act may be cited as the Open Primary Act of 2014.

SECTION 2. Sections 3 to 6 of this 2014 Act are added to and made a part of ORS chapter 249.

SECTION 3. Statement of intent. The intent of the Open Primary Act of 2014 is to create a fully open, equitable, and fair election system, that will be applied to specific federal and state elected officers currently elected on a partisan basis. This Act will abolish the current practice of relying on political party members or party officials in closed primary elections or conventions to nominate candidates for these offices - while prohibiting the participation of non-affiliated voters entirely - and replace it with a system through which all Oregon electors may participate on an equal basis, in all phases of the selection process. This specifically means changing the current system of primary election contests for these offices so that all Oregon voters have the equal ability to select two finalist candidates to appear on the general election ballot, regardless of the political party affiliation, or lack of party affiliation, of the elector or candidate.

SECTION 4. Definition. As used in sections 3 to 6 of this 2014 Act, "voter choice office" means the office of United States Senator, Representative in Congress, Governor, Secretary of State, State Treasurer, Attorney General, state Senator and state Representative and any other state, county, city or district office that is not a nonpartisan office nor an office for which nominations to the general election by political parties are expressly authorized by law.

SECTION 5. Particular provisions for voter choice offices.

(1) Top two candidates nominated. Except as provided in a home rule charter and subsection (2) of this section, for voter choice offices, the two candidates receiving the highest number of votes at the primary election shall be the sole candidates who advance to the general election.

(2) If three or more candidates for a voter choice office are on the ballot for a primary elections and a vacancy occurs in a nomination to the office after the primary election and before the 61st day before the general election, the qualified candidate who received the next highest number of votes at the primary election, if any, shall be the replacement nominee. The chief elections officer, as defined in ORS 254.005, shall file the name of the replacement nominee with each appropriate county clerk.

SECTION 6. Filing and nominating processes for voter choice offices. Except as provided in this 2014 Act, all provisions of the state law that apply to the filing and nomination processes for candidates for nonpartisan offices, also apply to voter choice offices.

SECTION 7. Sections 8 to 10 of this 2014 Act are added to and made a part of ORS chapter 254.

SECTION 8. Definition. As used in this chapter, "voter choice office" means the office of United States Senator, Representative in Congress, Governor, Secretary of State, State Treasurer, Attorney General, state Senator and state Representative and any other state, county, city or district office that is not a nonpartisan office nor an office for which nominations to the general election by political parties are expressly authorized by law.

SECTION 9. Election ballots for voter choice offices.

(1) This section is intended to give electors access to information in the public record about candidates for voter choice offices and the political parties that endorse those candidates, without infringing on the rights of political parties and their members to organize and associate.

(2) For each primary election that includes a voter choice office, the county clerk shall print on the ballot:

(a)

(A) If the candidate for a voter choice office is registered as affiliated with a political party on the 70th day before the date of the election, following the name of the candidate the statement "Registration:__________" (name of political party); or

(B) If the candidate for a voter choice office is not registered as affiliated with a political party on the 70th day before the date of the election, following the name of the candidate the statement "Registration: not a member of a party" or, if the candidate chooses, no statement concerning the candidate's party registration status;

(b) The statement "A candidate's political party registration shown on this ballot for voter choice offices indicates the candidate's party registration as of 70 days prior to the election. It does not imply the endorsement of the political party identified."; and

(c) For each candidate for a voter choice office, following the name of the candidate the name of any political party that has officially endorsed the candidate, preceded by the phrase "Endorsed by:". The county clerk shall print only those endorsements that have been received and accepted by the candidate and for which the chief elections officer has received notice not later than the 61st day before the date of the election.

(3) For each general election that includes a voter choice office, the county clerk shall print on the ballot:

(a)

(A) If the candidate for a voter choice office is registered as affiliated with a political party on the 70th day before the date of the election, following the name of the candidate the statement "Registration:__________" (name of political party); or

(B) If the candidate for a voter choice office is not registered as affiliated with a political party on the 70th day before the date of the election, following the name of the candidate the statement "Registration: not a member of a party" or, if the candidate chooses, no statement concerning the candidate's party registration status;

(b) The statement "A candidate's political party registration shown on this ballot for voter choice offices indicates the candidate's party registration as of 70 days prior to the election. It does not imply the endorsement of the political party identified."; and

(c) For each candidate for a voter choice office, following the name of the candidate the name of any political party that has officially endorsed the candidate, preceded by the phrase "Endorsed by:". The county clerk shall print only those endorsements that have been received and accepted by the candidate and for which the chief elections officer has received notice not later than the 61st day before the date of the election.

(4) As used in this section, "political party" means a party qualified as a major or minor political party in this state under ORS chapter 248.

(5) The Secretary of State may adopt rules to implement this section.

SECTION 10. Election process for voter choice offices. Except as provided in this 2014 Act, all provisions of state law that apply to elections and ballots for nonpartisan offices, also apply to voter choice offices.

SECTION 11. Severability. Section 9 of this 2014 Act and each of its subsections, paragraphs and subparagraphs is severable from this 2014 Act. If section 9 of this 2014 Act or any subsection, paragraph or subparagraph in section 9 of this 2014 Act is held unconstitutional, the remaining parts of this 2014 Act shall remain in force.

SECTION 12. ORS 188.120 is repealed and section 13 of this 2014 Act is enacted in lieu thereof.

SECTION 13. Congressional vacancies.

(1) If a vacancy in election or office of Representative in Congress or United States Senator occurs before the 61st day before the general election, the Governor shall call a special election to fill that vacancy. If a vacancy in election or office of United States Senator occurs after the 62nd day before the general election but on or before the general election, and if the term of that office is not regularly filled at that election, the Governor shall call a special election to fill the vacancy as soon as practicable after the general election.

(2) If a special election to fill the vacancy in election or office of Representative in Congress or United States Senator is called before the 80th day after the vacancy occurs, nomination to the election shall take the form of a declaration of candidacy or nominating petition, which may be filed by any otherwise eligible elector.

(3) If a special election to fill the vacancy in election or office of Representative in Congress or United States Senator is called after the 79th day after the vacancy occurs, a special primary election shall be conducted by the Secretary of State for the purpose of nominating candidates to the special election called to fill the vacancy. A declaration of candidacy or nominating petition may be filed by an otherwise eligible elector not later than the 10th day following the issuance of the writ of election.

(4) Special elections and special primary elections conducted under this section shall be as provided for voter choice offices generally, except that of Secretary of State may accept nominating petitions, declarations of candidacy and endorsements according to a schedule for filing set by the secretary, and except that, in the case of a special election held under subsection (1) of this section, the ballot shall include the names of all qualified candidates who have filed declarations of candidacy or nominating petitions.

(5) As used in this section, "voter choice office" has the meaning given that term in section 4 of this 2014 Act.

SECTION 14. Section 15 of this 2014 Act is added to and made a part of ORS chapter 236.

SECTION 15. Vacancies in voter choice offices.

(1) As used in this section, "voter choice office" has the meaning given that term in section 4 of this 2014 Act.

(2) Notwithstanding ORS 171.051, 171.060, 171.068, 236.100, 236.215 and 236.217, whenever a vacancy exists in any voter choice office in this state and is to be filled by appointment, a person who is otherwise eligible may be appointed to fill the vacancy regardless of the person' affiliation or lack of affiliation with a political party, and whenever a vacancy exists in any voter choice office in this state and is to be filled by election, the election procedures for voter choice offices shall be followed.

SECTION 16. Section 17 of this 2014 Act is added to and made a part of ORS 171.051 to 171.064

SECTION 17. State legislative vacancies. In the case of a vacancy in the office of state Senator or state Representative that is to be filled by an appointing authority as provided in ORS 171.051, the following apply:

(1) Notwithstanding ORS 171.051, an otherwise eligible person may be appointed to fill the vacancy regardless of the person's affiliation or lack of affiliation with a political party.

(2)Candidates for the remaining two years of the term of office of a state Senator under ORS 171.051 (4) shall be nominated as provided for that office in ORD chapter 249, except that the Secretary of State shall accept declarations of candidacy and nominating petitions according to a schedule for filing set by the secretary, but in any case not later than the 62nd day before the first general election to be held during that term of office.

(3) ORS 171.060 (1) does not apply to the appointment.

(4) The procedure described in ORS 171.060 (2) for a vacancy in the office of state Senator or state Representative not affiliated with a major political party applies to the appointment.

SECTION 18. ORD 254.056 is repealed and section 19 of this 2014 Act is enacted in lieu thereof.

SECTION 19. Date and purpose of general election and primary election.

(1) The general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year. Except as provided in ORS 254.650, at the general election officers of the state and subdivisions of the state, members of Congress and electors of President and Vice President of the United States as are to be elected in that year shall be elected.

(2) The primary election shall be held on the third Tuesday in May of each even-numbered year. At the primary election:

(a) Nonpartisan candidates shall be nominated or elected by all electors, as described in ORS chapter 249;

(b) Voter choice office candidates shall be nominated by all electors, as described in ORS chapter 249, for offices to be filled at the general election held in that year;

(c) In a presidential election year, delegates to nominating conventions for the offices of President and Vice President of the United States shall be selected as provided in ORS chapters 248 and 249, and precinct committeepersons shall be elected by members of major political parties; and

(d) Notwithstanding paragraph (c) of this section and ORS 248.015 (1) and (5), if the number of candidates having filed for precinct committeeperson is equal to or less than the number of positions to be filled at the primary election, no election for precinct committeeperson shall be held and all candidates having filed shall be issued a certificate of election under ORS 248.023.

SECTION 20. ORS 254.115 is repealed and section 21 of this 2014 Act is enacted in lieu thereof.

SECTION 21. Official primary election ballot.

(1) The official primary election ballot shall be styled "Primary Election Ballot" and shall state:

(a) The name of the county for which it is intended.

(b) The date of the primary election.

(c) The names of all candidates for nomination or election at the primary election to nonpartisan, voter choice or other offices whose nominating petitions or declarations of candidacy have been made and filed, and who have not dies, withdrawn or become disqualified.

(d) The number, ballot title and financial estimates under ORS 250.125 of any measure.

(e) In a presidential election year, the name of each candidate for a political party nomination for President of the United States who has qualified for the ballot under ORS 249.078, and the names of candidates for election as precinct committeepersons, if required. Only votes cast by members of the applicable political party shall be tallied and published for any such contest.

(2) The ballot may not contain the name of any person other than those referred to in subsection (1) of this section. The name of each candidate for whom a nominating petition or declaration of candidacy has been filed shall be printed on the ballot in but one place. In the event that two or more candidates for the same nomination or office have the same or similar surnames, the location of their places of residence shall be printed with their names to distinguish one from another.

SECTION 22. Sections 23 and 26 of this 2014 Act are added to and made a part of ORS chapter 248.

SECTION 23. Political party nominations. Notwithstanding ORS 248.006 and 248.007 and section 25 of this 2014 Act, at the primary election, a political party otherwise authorized by law to nominate candidates through the primary election may nominate candidates only for an office for which nominations to the general election by political parties are expressly authorized by law.

SECTION 24. ORS 248.008 is repealed and section 25 of this 2014 Act is enacted in lieu thereof.

SECTION 25. Qualifications for an maintenance of minor political party status.

(1) An affiliation of electors becomes a minor political party in the state, a county or other electoral district, qualified to make nominations for public office in that electoral district and in any other electoral district wholly contained within the electoral district, when the affiliation of electors has acted as described in either paragraph (a) or (b) of this subsection:

(a)

(A) When the affiliation of electors has filed with the Secretary of State a petition with the signatures of at least a number of electors equal to one and one-half percent of the total votes cast in the electoral district for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term.

(B) The petition must contain only original signatures and must be filed not later than two years following the date the prospective petition is filed. The petition must state the intention to form a new political party and designate a name for the political party.

(C) Before circulating the petition, the chief sponsor of the petition must file with the Secretary of State a signed copy of the prospective petition. The chief sponsor must include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the petition. After the prospective petition is filed, the chief sponsor must notify the filing officer not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that:

(i) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no person would be paid for obtaining signatures of electors.

(ii) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more persons would be paid for obtaining signatures of electors.

(D) The circulator shall certify on each signature sheet that the circulator witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet and that the circulator believes each individual is an elector registered in the electoral district.

(E) The Secretary of State shall verify whether the petition contains the required number of signatures of electors. The Secretary of State may not accept a petition for filing if it contains less than 100 percent of the required number of signatures. The Secretary of State by rule shall designate a statistical sampling technique to verify whether a petition contains the required number of signatures of electors. A petition may not be rejected for the reason that it contains less than the required number of signatures unless two separate sampling processes both establish that the petition lacks the required number of signatures. The second sampling must contain a larger number of signatures than the first sampling. The Secretary of State may employ professional assistance to determine the sampling technique. The statistical sampling technique may be the same as adopted under ORS 250.105.

(b) When the affiliation of electors has polled for any one of its candidates for any public office in the electoral district at least one percent of the total votes cast in the electoral district for all candidates for:

(A) Presidential elector at the last general election at which candidates for President and Vice President of the United States were listed on the ballot; or

(B) Any single state office to be voted upon in the state at large at the most recent primary or general election at which a candidate for the office was elected to a full term.

(2) After satisfying either subsection (1)(a) or (b) of this section, the minor political party may nominate candidates for election at the next primary election for a voter choice office, as defined in section 4 of this 2014 Act, or general election for President and Vice President of the United States.

(3) A filing officer may not accept a certificate of nomination of a candidate nominated by a minor political party for a subsequent primary or general election unless the minor political party has maintained status as a minor political party as described in subsection (4) of this section.

(4) In order to maintain status as a minor political party for a subsequent primary or general election:

(a) Following each general election, at any time during the period beginning on the date of the next primary election and ending on the 90th day before the next general election, a number of electors equal to at least one-half of one percent of the total number of registered electors in this state must be registered as members of the party: or

(b)

(A) Following each general election, at any time during the period beginning on the date of the next primary election and ending on the 90th day before the next general election, a number of electors equal to at least one-tenth of one percent of the total votes cast in the state or electoral district for all candidates for Governor at the most recent general elections at which a candidate for Governor was elected to a full term must be registered as members of the party; and

(B) At least once in a four-year period, a candidate or candidates of the party must poll at least on percent of the total votes cast in the electoral district for all candidates for:

(i) Presidential elector at the last general election at which candidates for President and Vice President of the United States were listed on the ballot; or

(ii) Any single state office to be voted upon in the state at large at the most recent primary or general election at which a candidate for the office was elected to full term.

(5) An affiliation of electors that fails to maintain status as a minor political party ceases to be a minor political party on the 90th day before the date of the next general election.

(6) During the period beginning on the date of the primary election and ending on the 90th day before the date of the general election, the Secretary of State shall determine at least once each month whether registration requirements to maintain status as a minor political party have been satisfied.

(7) If a minor political party changes its name, only those electors who register on or after the effective date of the name change as members of the party under the new party name shall be counted as members of the party.

(8) An affiliation of electors or a minor political party may not nominate a candidate who is the nominee of another political party at the same election in order to satisfy the one percent requirement referred to in subsection (1)(b) or (4)(b)(B) of this section.

(9) For purposes of the section, "subsequent primary or general election" means any primary or general election that is held after the first general election following qualification as a minor political party under subsection (1) of this section.

'SECTION 26. Term of office of precinct committeeperson. Notwithstanding ORS 248.015, the term of office of a precinct committeeperson elected under ORS 248.015 before the effective date of this 2014 Act is four years and expires on the 24th day after the date of the primary election held in a presidential election year at which the precinct committeeperson was last elected.

SECTION 27. Repeals. ORS 254.025 and 254.365 are repealed.

SECTION 28. Captions. The section captions used in this 2014 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 2014 Act.

SECTION 29. Effect. Sections 3 to 6, 8 to 11, 13, 15, 17, 19, 21, 23, 25 and 26 of this 2014 Act and the repeal of ORS 188.120, 248.008, 254.025, 254.115 and 254.365 by sections 12, 18, 20, 24 and 27 of this 2014 Act:

(1) Apply only to appointments and elections to public office occurring on or after the effective date of this 2014 Act;

(2) Apply to a certificate of nomination, nominating petition or declaration of candidacy filed before the effective date of this 2014 Act for an election to a voter choice office to be conducted on or after the effective date of this 2014 Act;

(3) Apply only to vacancies occurring during terms of office where the person originally elected for the term during which the vacancy occurred was elected for that term after the effective date of this 2014 Act; and

(4) Are not intended to require a change in the composition of any committee or commission described in ORS 137.658 or 244.250.

SECTION 30. The Legislative Assembly shall enact any legislation that may be necessary to carry out the provisions of this 2014 Act.

Background

Multiple versions of the initiative

A related initiative, the Oregon Unified Primary Elections Initiative (2014), was also circulating petitions for the 2014 ballot. That measure would have also created a top-two system and specifically allowed for voters to vote for more than one candidate in the primary election. However, supporters did not submit signatures by the deadline to place the measure on the ballot.

Measure 65

In 2008, Oregon voters defeated a similar measure, Measure 65. Had it been approved, it would have brought top-two primary elections to voters, where all candidates for an office would compete against each other regardless of party, and the two candidates with the most votes would then advance to the general election. Hence, the initiative was also known as the "top two" initiative. Voters defeated this measure 66 to 34 percent. Measure 65's supporters tried unsuccessfully to put a similar measure on the ballot in 2006, and to pass another version through the state legislature in 2008.

Current system and proposed changes

Prior to 1904, Oregon voters relied on party conventions to nominate their candidates. In 1904, the practice of casting ballots in primaries was instituted. Currently, voters must be registered with either the Republican or Democratic Party in order to vote in one of these parties' primaries. The reform proposed in 2008's Measure 65 and in 2014's Measure 90 is not a Montana-style open primary; rather, it is what is known as a top-two, or Louisiana-style "Cajun" primary. In a Montana-style open primary, a voter can select a party ballot and vote for members of that party. No records are kept of registered party members or supporters, so voters do not have to be registered with a specific party in order to vote on that party's ballot. In a Louisiana-style "Cajun" primary, all candidates are listed on the same ballot, regardless of party affiliation, and the two who receive the most votes advance.

Support

Officials

• Gov. John Kitzhaber (D)
• Rep. Dennis Richardson (R-4)

Organizations

• Vote Yes on 90
• Every Oregon Voter Counts Petition Committee
• Working Families Party

Individuals

• James Kelly, chief petitioner
• Steve Hughes, state director of Oregon's Working Families Party

Arguments

Steve Hughes, state director of Oregon's Working Families Party, expressed the party's support for this initiative as a way to empower more minor political parties' participation. He further described the party's stance, saying,

“	[We] believe this proposal not only protects but enhances our ability to participate meaningfully in selecting who will govern our state, and what issues they will elevate in their governance. Unlike the measures that have passed in California and Washington, this version of Top Two maintains the integrity of the role for political parties by permitting party endorsements to appear on the ballot. It also enhances fusion voting, allowing multiple party endorsements, to give voters more information about what a particular candidate stands for. And, of course, it opens the door for WFP members and all others who are not registered as either a Democrat or a Republican to cast votes in the primary races that decide so much of who governs this state.	”
—Steve Hughes

The Oregon Citizens' Initiative Review Commission voted 14-5 in opposition to Measure 90. The minority in favor of the measure listed the following reasons for their support:

“	We, 5 members of the Oregon Citizens’ Initiative Review, support Measure 90 for the following reasons: M90 treats all voters equally in every election. Regardless of how Oregonians’ political views may differ every voter should have equal rights in every election. How or if they align with political parties shouldn’t affect their rights as citizens. While all Oregon taxpayers fund the May primary election, voters who don’t register as a Democrat or Republican are currently not allowed to participate in primaries of the major parties. M90 would allow any registered voters to vote for primary candidates of the major parties. Under M90 all registered voters would have the unrestricted right to vote for any primary candidate. Most elections are currently decided in low turnout primaries. Candidates have won races with as little as 7% of total voters in a district. M90 increases competition among primary candidates allowing the primary voters to vote at their discretion, regardless of party registration. M90 differs from the Top Two systems of California and Washington, because it allows voters to see candidates’ personal party registration and all party endorsements that s/he accepts. This information helps voters understand candidates’ views and allies. A minority of panelists favored this position.	”
—Oregon Citizens' Initiative Review Commission

Campaign contributions

Total campaign cash
Support:	$9,144,516.96
Opposition:	$1,553,638.09

Every Oregon Voter Counts was registered as the petition committee for this initiative. Vote Yes on 90 and Open Primaries were political action committees (PACs) registered to support the initiative, as well. The following information was current as of December 1, 2014.

PAC info:

PAC	Amount raised	Amount spent
Vote Yes on 90	$5,770,716.96	$5,769,556.47
Open Primaries	$2,750,000.00	$2,662,247.94
Every Oregon Voter Counts	$623,800.00	$623,830.00
Total	$9,144,516.96	$9,055,634.41

Top 5 contributors:

Donor	Amount
John Arnold	$2,750,000.00
Open Primaries	$2,422,969.00
Michael Bloomberg	$2,130,000.00
Independent Voting	$150,385.72
Tusk Strategies	$139,119.29

Opposition

Opponents

The most active opponents were the Oregon Progressive Party and the Pacific Green Party. Their joint website was Save Oregon's Democracy.

Citizens' Initiative Review

In a vote on August 20, 2014, the Citizens' Initiative Review Commission voted 14-5 in opposition to Measure 90. The panel found that Measure 90 "limits the voice of minority voters, minor parties, and grassroots campaigns. A diverse electorate needs choice & diversity in the General Election."

Organizations

The following organizations were opposed to Measure 90, according to the No on 90 website:

• Protect Our Vote
• Oregon Progressive Party
• Oregon State Fire Fighters Council
• Oregon Nurses Association
• Oregon Education Association
• The Free and Equal Elections Foundation
• Democratic Party of Oregon
• Oregon Republican Party Executive Committee
• Pacific Green Party
• Oregon Progressive Party
• Ballot Access News
• PCUN (Pineros y Campesinos Unidos del Noroeste)
• SEIU Local 503
• SEIU Local 49
• UFCW Local 555
• Pacific Northwest Regional Council of Carpenters
• AFSCME Council 75
• Our Oregon
• Economic Fairness Oregon
• Joint Council of Teamsters #37
• Oregon School Employees Association
• Eugene / Springfield Solidarity Network / Jobs With Justice

Officials

The following officials were opposed to Measure 90, according to the No on 90 website:

• Rep. David Gomberg (D-10)
• Rep. Phil Barnhart (D-11)
• Rep. Val Hoyle (D-14)
• Rep. Brad Witt (D-31)
• Rep. Margaret Doherty (D-35)
• Rep. Jennifer Williamson (D-36)
• Rep. Ben Unger (D-29)
• Rep. Rob Nosse (D-42)
• Rep. Jessica Vega Pederson (D-47)
• Sen. Diane Rosenbaum (D-21)
• Sen. Chip Shields (D-22)
• Sen. Michael Dembrow (D-23)
• Greg Leo, former Executive Director of the Oregon Republican Party
• Bill Currier, Vice Chairman, Oregon Republican Party
• Hon. Bill Bradbury, Former Oregon Secretary of State

Arguments

Dan Meek, an attorney who often represents minor political parties, expressed the opposition of the Oregon Progressive Party:

“	The top two primary is a very bad idea. Oregon voters recognized that when they defeated the same measure in 2008 (Measure 65) by an overwhelming vote of 66-34%. Top-two blanket primaries are intended to make political party labels meaningless, thus depriving voters of the most important single piece of information that most voters rely upon in making their decisions on candidates. They also allow complete strangers to hijack the names of all parties on the ballot, including minor parties (which Measure 90 actually destroys, thus reducing the choices available on all ballots). The "new" measure is 99.9% the same as Measure 65 of 2008 (and is exactly the same in all meaningful respects), the information at http://saveoregonsdemocracy.org is very relevant, particularly http://saveoregonsdemocracy.org/danmeek.html.	”
—Dan Meek

The Oregon Citizens' Initiative Review Commission voted 14-5 in opposition to Measure 90. Those against the measure listed the following reasons for their opposition:

“	We, 14 members of the Oregon Citizens’ Initiative Review, oppose Measure 90 for the following reasons: A broad coalition opposes M90, including at least two election reform groups, as well as major and minor political parties. M90 limits the voice of minority voters, minor parties, and grassroots campaigns. A diverse electorate needs choice & diversity in the General Election. M90 has several drafting errors. The most significant appears to eliminate minor parties. Because M90 bars parties from nominating candidates, their legal status is in jeopardy. Another error could allow candidates with more than 50% of the primary vote to automatically win their election without a November run-off. Home Rule counties have their own election systems independent of the statewide system. M90 could result in a confusing patchwork of contradictory election rules - candidates could have different rules in different areas of their district. Turnout in Primary Elections is much lower than General Elections. M90 decreases choice in the General Election for all voters. Nationwide, Primary turnout has fallen to less than 15%, including Top Two states. A majority of panelists favored this position.	”
—Oregon Citizens' Initiative Review Commission

Campaign contributions

Protect Our Vote registered as an opposing political action committee (PAC) for this measure on July 25, 2014. The following was current as of December 1, 2014.

PAC info:

PAC	Amount raised	Amount spent
Protect Our Vote	$1,553,638.09	$1,453,986.22
Total	$1,553,638.09	$1,453,986.22

Top 5 contributors:

Donor	Amount
Defend Oregon	$950,604.00
American Federation of Teachers AFL-CIO	$100,000.00
Oregon AFSCME Council 75	$100,000.00
SEIU Local 503, OPEU PAC	$69,051.64
SEIU Local 503, OPEU	$51,200.00

Media editorial positions

See also: Endorsements of Oregon ballot measures, 2014

Support

• The Herald and News supported the measure before its approval for the ballot, saying,

“	Success in gathering the signatures will put the matter before the voters, which is where it belongs. Right now, Oregon voters are voting with their feet by “walking away” from the established parties, but without a change in the election system that turns over control of much of Oregon’s political processes to a narrowly focused minority because that’s who the current process favors.	”
—Forum Editor Pat Bushey

• The Mail Tribune said, following the submission of signatures to place the measure on the ballot,

“	The strongest argument is that unaffiliated voters — independents with a small "i" — may not vote in partisan primaries. That's a huge chunk of the electorate shut out of determining who will appear on the ballot in November. [...] The open primary could result in a general election contest between two Republicans or two Democrats. That would actually be a good thing, because in a largely one-party district, the minority party candidate would have little or no chance anyway, and two candidates from a single party would at least give voters a choice in November — and that would tend to keep incumbents in "safe" seats on their toes.	”
—The Mail Tribune

• The Corvallis Gazette-Times said,

“	In theory at least, the candidates who wanted to emerge from the primary would be forced to appeal to the broadest possible bloc of voters. No more appeals by candidates to narrow interests, either ultra-conservative or hyper-liberal. No more shifting positions after the primary in order to appeal to a broader section of the electorate — a common occurrence, as candidates often must appeal to the fringes in a primary and then attempt to tack to the center in the general election. The ultimate result could be fewer partisan divisions in the Legislature and other elected bodies and winning candidates more inclined to search for common ground.	”
—Corvallis Gazette-Times

• The Portland Tribune said,

“	The overwhelming evidence from Washington and elsewhere is that voters, once they try it, will like an open primary better than the current closed partisan system. In a state where half of newly registered voters are choosing not to join either of the major parties, open primaries are the future. Along the way, Oregon also is likely to benefit from a primary system that encourages candidates to appeal to a broader spectrum of voters. We recommend a yes vote on Measure 90 — a rare good-government measure in an era of special-interest politics.	”
—Portland Tribune

• The Albany Democrat Herald said,

“	Of course, individual voters in Oregon don’t have a say how the Legislature splits in terms of partisan divisions: At best, voters only cast ballots in two legislative races each election. But an initiative on the November ballot, Measure 90, has the potential to take a small but important step toward a government that truly values bipartisanship – and, in the bargain, would enfranchise thousands of Oregon voters who now are shut out of the system...The ultimate result could be fewer partisan divisions in the Legislature and other elected bodies and winning candidates more inclined to search for common ground. Measure 90 won’t solve all of our government woes. But it would be a fundamental change – and one that offers a measure of hope for people interested in better government.	”
—Albany Democrat Herald

• The Oregonian said,

“	These elections, like so many others, are not truly competitive, which is why we're going to endorse ... Measure 90, which would open up Oregon's clubby partisan primaries to all voters...Measure 90 would make the process of choosing elected representatives far more inclusive. All candidates for an office would appear on the same primary ballot, which would be open to all voters regardless of affiliation. The top two vote-getters would advance to the general election. This process would give voters greater authority to choose the menu from which they must eat.	”
—Oregonian

Opposition

• The Skanner said,

“	We are leery of changing the state elections system, especially after a sketchy campaign in which the ‘Yes on 90’ camp filed fake Voters Guide statements and even created a fake website to lampoon its opponents. Top Two has not resulted in less contentious elections or more ethnic representation in the two states in which it has passed – despite claims to the contrary. We vote NO.	”
—Skanner

• The Portland Mercury said,

“	It's still too early to say whether top-two primaries have left things better or worse or no different in California and Washington. Both states have had open primaries for only a handful of election cycles—and, in fact, some of the early signs haven't been so good. All of which explains why we just can't bring ourselves to say yes to Measure 90. Not now. And maybe not ever.	”
—Portland Mercury

• The Statesman Journal said,

“	The lure of the "open primary" measure on Tuesday's ballot is too good to be true. Measure 90 would cut down voters' choices instead of expanding them. It would use election law to redefine which candidates would best serve Oregonians. And, despite what supporters contend, it would not take the "big money" out of politics; that money simply would be redirected...Measure 90 also has problems related to Oregon's convoluted election laws. In some instances, only one candidate might advance to the general election. Oregon would be better served by clarifying and streamlining existing election laws instead of adopting Measure 90.	”
—Statesman Journal

Polls

See also: Polls, 2014 ballot measures

Legend      Position is ahead and at or over 50%     Position is ahead or tied, but under 50%

Oregon Open Primary Initiative (2014)
Poll	Support	Oppose	Not sure	Margin of error	Sample size
DHM Research 10/08/2014 - 10/11/2014	36%	38%	26%	+/-4.3	516
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in Oregon

In order to qualify for the ballot, supporters were required to collect a minimum of 87,213 valid signatures by July 3, 2014. The proposed initiative was filed on January 28, 2014, and approved for petition circulation on May 15, 2014.

On June 23, 2014, supporters announced they had submitted 140,045 signatures to the secretary of state's office. On July 15, 2014, the measure was certified for the November ballot with 91,716 valid signatures.

Similar measures

• Oregon Unified Primary Elections Initiative (2014)
• Oregon Top Two Elections, Measure 65 (2008) d

See also

Suggest a link

• 2014 ballot measures
• Oregon 2014 ballot measures
• Laws governing the initiative process in Oregon

News stories

• Open, top-two primaries make the Oregon ballot, July 18, 2014
• Few initiatives for Oregon, but none for Arizona, July 3, 2014

External links

• Detailed record for initiative 55 from Secretary of State
• Full text of initiative 55
• Oregon Open Primary Facebook profile

Additional reading

• The Oregonian, "Oregon top two primary ballot measure may get big donation from billionaire Michael Bloomberg," August 4, 2014
• Statesman Journal, "Battle lines drawn for November's 7 ballot measures," July 26, 2014
• The Oregonian, "'They must be throwing snowballs in hell.' Open primary proposal elicits reader feedback (your comments)," July 18, 2014
• The Oregonian, "Tim Nesbitt: Open primary would be a game changer for Oregon politics," July 17, 2014
• The Register-Guard, "EDITORIAL: 2014 ballot takes shape; number of ballot measures well below average," July 9, 2014
• Associated Press, "Pot, immigration, food labels likely headed for Oregon ballots," July 5, 2014
• The Oregonian, "Backers of 'top two' primary initiative submit 140,000 signatures to Oregon secretary of state," June 23, 2014