be paid by the state as a part of the state printing, it being intended that only the cost of the paper and printing the arguments shall be paid by the parties presenting the same, and they shall not be charged any higher rate for such work than is paid by the state for similar work and paper. Not later than the fifty-fifth day before the regular general election at which such measures are to be voted upon the secretary of state shall transmit by mail, with postage fully prepaid, to every voter in the state, whose address he may have, one copy of such pamphlet; provided, that if the secretary shall, at or about the same time, be mailing any other pamphlet to every voter, he may, if practicable, bind the matter herein provided for in the first part of said pamphlet, numbering the pages of the entire pamphlet consecutively from one to the end, or he may inclose the pamphlets under one cover. In case of a special election he shall mail said pamphlet to every voter not less than twenty days before said special election.

§ 4104. Counting and Canvass-Proclamation of Result.

The votes on measures and questions shall be counted, canvassed and returned by the regular board of judges, clerks and officers, as votes for candidates are counted, canvassed and returned, and the abstract made by the several county clerks of votes on measures shall be returned to the secretary of state or to the appropriate city or town officer, as the case may be, on separate abstract sheets, in the manner provided by section 4026 for abstracts of votes for state, county and city or town officers. It shall be the duty of the secretary of state, in the presence of the governor, to proceed within thirty days after the election, and sooner if the returns be all received, to canvass the votes given for each measure, and the governor shall forthwith issue his proclamation, giving the whole number of votes cast in the state for and against each measure and question, and declaring such measures as are approved by a majority of those voting thereon to be in full force and effect as the law of the state of Oregon from the date of said proclamation; provided, that if two or more measures shall be approved at said election which are known to conflict with each other or to contain conflicting provisions, he shall also proclaim which is paramount in accordance with the provisions of section 4102. It shall be the duty of the appropriate city or town officer to proceed within thirty days after the election, and sooner if the returns be all received, to canvass the vote given for each proposed charter amendment, measure or question as by the charter or ordinances of his city or town provided and to proclaim which is paramount in the manner provided by said charter or ordinance provisions.

§ 4105. Procedure in Cities and Towns.

In all cities and towns which have not or may not provide by ordinance or charter for the manner of exercising the initiative and referendum powers reserved by the constitution to the people thereof, as to their municipal legislation, the duties required of the secretary of state by this act as to state legislation, shall be performed as to such municipal legislation by the city auditor, clerk or recorder, as the case may be; the duties required by the governor shall be performed by the mayor as to such municipal legislation, and the duties required by this act of the attorney general shall be performed by the city attorney as to such municipal legislation. The provisions of this act shall apply in every

city and town in all matters concerning the operation of the initiative and referendum in its municipal legislation on which such city or town has not made or does not make conflicting provisions. The printing and binding of measures and arguments in municipal legislation shall be paid for by the city in like manner as payment is provided for by the state as to state legislation by section 4103, and said printing shall be done in the same manner that other municipal printing is done; distribution of said pamphlets. shall be made to every voter in the city, so far as possible, by the city clerk, auditor or recorder, as the case may be, either by mail or carrier, not less than eight daye before the election at which the measures are to be voted upon. Arguments supporting municipal measures shall be filed with the city clerk, auditor or recorder, not less than thirty days before the election at which they are to be voted upon; opposing arguments shall be filed not less than twenty days before said election. It is intended to make the procedure in municipal legislation as nearly as practicable the same as the initiative and referendum procedure for measures relating to the people of the state at large.

§ 4106. Signatures Required on Referendum-When City Legislation Take Effect.

to

No

Referendum petitions against any ordinance, franchise or resolution passed by a city council shall be signed by not less than 10 per cent of the voters of said city, and said signatures shall be verified in the manner herein provided and the registration or voters' lists on file in the office of the county clerk of the county in which such city or town is situated shall be available for verifying said signatures; the petition shall be filed with the city clerk, auditor or recorder, as the case may be, within thirty days after the passage of such ordinance, resolution or franchise. city ordinance, resolution or franchise shall take effect and become operative until thirty days after its passage by the council and approval by the mayor, unless the same shall be passed over his veto, and in that case it shall not take effect and become operative until thirty days after such final passage, except measures necessary for the immediate preservation of the peace, health or safety of the city; and no such emergency measure shall become immediately operative unless it shall state in separate section the reasons why it is necessary that it should become immediately operative, and shall be approved by the affirmative vote of three-fourths of all the members elected to the city council, taken by ayes and noes, and also approved by the mayor.

§ 4107. Certain Cities Governed by Certain Sections to Change Precinct

and Ward Lines.

3931,

The provisions of sections 3884, 3888, 3892, 3896, 3912, 3930, 3933, 3934, 3935, 3956, 3958, 3960, 3961, 3968, 3969, 3976, 3977, 3978, 3979, 3987, 3988, 3996, 3997, 4003, 4004, 4026, 4033, 4040, 4064, 4101, 4104-4106, in so far as they relate to incorporated cities and towns shall apply to incorporated cities and towns of this state having a population of over 2,000 inhabitants, according to the last preceding United States census. The proper governing bodies of such cities and towns shall, not less than sixty days preceding the third Friday in May of the year 1920, make provision that the various ward boundary lines within said cities or towns shall conform to the lines of such precincts, or groups of precincts, within such cities or towns as have been established by the county

court of the county in which such cities or towns may be situated.

a

§ 4108. Section 14-a, Article II, of Constitution, Made Effective-Liberal Construction.

It is hereby declared to be the intention of sections referred to in previous sections to carry out the provisions of section 14-a of article II of the constitution of the state of Oregon, as adopted by a vote of the people of this state on June 4, 1917, in all incorporated cities and towns of the state having a population of over 2,000 inhabitants, according to the last preceding United States census; and that in such cities and towns all elections for city or town officers shall be held at the same time and at the same place as the elections for state and county officers are held, and that the judges and clerks for such state and county elections shall be the judges and clerks for such city and town elections, and that as far as practicable, the ballots used for such state and county elections, as provided by law, be so arranged as to include the names of city officers and measures to be voted upon at such city or town elections, and it is hereby declared to be the purpose of this act that the provisions of the same be liberally construed to carry out the intention herein expressed; provided, that nothing in this act shall be construed as interfering with or limiting the right of other incorporated cities or towns from holding elections as provided in said section 14-a of article II of the constitution of the state of Oregon.

§ 4109. Initiative Measures in Cities.

If any ordinance, charter or amendment to the charter to any city shall be proposed by initiative petition, said petition shall be filed with the city clerk, auditor or recorder, as the case may be, and he shall transmit it to the next session of the city council. The council shall either ordain or reject the same, as proposed, within thirty days thereafter, and if the council shall reject said proposed ordinance or amendment, or shall take no action thereon, then the city clerk, auditor or recorder, as the case may be, shall submit the same to the voters of the city or town at the next ensuing election held therein not less than ninety days after the same was first presented to the city council. The council may ordain said ordinance or amendment and refer it to the people, or it may ordain such ordinance without referring it to the people, and in that case it shall be subject to referendum petition in like manner as other ordinances; if the council shall reject said ordinance or amendment, or take no action thereon, it may ordain a competing ordinance or amendment, which shall be submitted by the city clerk, auditor or recorder, as the case may be, to the people of said city or town, at the same election at which said initiative proposal is submitted. Such competing ordinance or amendment, if any, shall be prepared by the council and ordained within thirty days allowed for its action on the measure proposed by initiative petition. The mayor shall not have power to veto either of such measures. If conflicting ordinances or charter amendments shall be submitted to the people at the same election, and two or more of such conflicting measures shall be approved by the people, then the measure which shall have received the greatest number of affirmative votes shall be paramount in all particulars as to which there is a conflict, even though such measure may not have received the greatest majority. Amendments to any city charter may be proposed and submitted to the people by the city council, with or without an initia

tive petition, but the same shall be filed with the city clerk for submission not less than sixty days before the election at which they are to be voted upon, and no amendment of a city charter shall be effective until it is approved by a majority of the votes cast thereon by the people of the city or town to which it applies. The city council may by ordinance order special elections to vote on municipal measures.

§ 4110. Qualifications of Signers of Petitions-Penalties.

Every person who is a qualified elector of the state of Oregon may sign a petition for the referendum or for the initiative for any measure which he is legally entitled to vote upon. Any person signing any name other than his own to any petition, or knowingly signing his name more than once for the same measure at one election, or who is not at the time of signing the same a legal voter of this state, or any officer or person wilfully violating any provision of this statute, shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment in the penitentiary not exceeding two years, or by both such fine and imprisonment, in the discretion of the court before which such conviction shall be had.

§ 4111. Referendum on Laws Affecting County or District.

That any law enacted by the legislative assembly relating only to any county, district, port or municipal corporation, other than a city or town, in the state of Oregon, may be referred to the people of such county, district, port or municipal corporation, for their approval or rejection in the same manner as now or hereafter provided by law for the reference of general laws to the people of the entire state, excepting that when any law relates to one county or a district, port, or municipal corporation situated wholly within one county, the county clerk shall be substituted for the secretary of state, the district attorney for the attorney general and the county judge for the governor. When any such law affects any district, port or municipal corporation other than a city or town, consisting of more than one county or situated in two or more counties, it shall be referred to the people of such district, port or municipal corporation in the manner provided for the reference of acts affecting the entire state, except that the petition therefor shall be signed only by the voters of such district, port or municipal corporation, and in each case the percentage shall be computed on the vote at the preceding election such county, district, port or municipal corporation for supreme judge. [Laws 1921, chapter 82, section 1, pages 119, 120.]

§ 4112. Secretary of State to Be Notified and Result Certified to Him. When any petition for the referendum is filed with any county clerk, he shall notify the secretary of state, by registered letter, of that fact, and when the election thereon has been held, and the vote thereon canvassed, he shall certify the result to the secretary of state in like manner.

PRESCRIBING PENALTIES FOR WRONGFUL AND CRIMINAL ACTS IN THE CIRCULATION, CERTIFICATION, AND FILING OF INITIATIVE, REFERENDUM, AND RECALL PETITIONS.

(Laws 1923, Chapter 247, Pages 346, 347.)

§ 1. Unlawful to Misrepresent Contents of Petition, Etc.

It shall be unlawful for any person circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition authorized or provided for by the constitution or laws of the state of Oregon regulating or providing for the operation of the iniative, referendum or recall, to misrepresent or make any false statement concerning the contents, purport or effect of any such petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiry with reference to any such petition, or to whom any such petition is presented for his or her signature.

$2. Securing Signatures Through Misrepresentation Unlawful.

It shall be unlawful for any person to wilfully or knowingly circulate, publish or exhibit any false statement or representation concerning the contents, purport or effect of any petition mentioned in this act for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such petition.

§3. Unlawful to Use False or Fraudulent Signatures.

It shall be unlawful for any person to file in the office of the clerk, or other officer provided by law to receive such filing, any petition mentioned in this act to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent or not the genuine signature of the person purporting to sign such petition, or whose name is attached, appended or subscribed thereto. §4. Unlawful to Circulate Petition Containing False, Forged or Fictitious Names.

It shall be unlawful for any person to circulate, or cause to be circulated, any petition mentioned in this act, knowing the same to contain false, forged or fictitious names.

§ 5. False Affidavits Unlawful.

It shall be unlawful for any person to make any false affidavit concerning any petition mentioned in this act, or the signatures appended thereto.

§ 6. Unlawful for Public Officer to Make False Return, Etc.

It shall be unlawful for any public official or employe knowingly to make any false return, certification or affidavit concerning any petition mentioned in this act, or the signatures appended thereto.

§7. Signers of Petitions Violate Law, When.

It shall be unlawful for any person to knowingly sign his own name more than once to any petition mentioned in this act, or to sign his name to any such petition knowing himself at the time of such signing not to be qualified to sign the same.