Bill Text: OR HB3491 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the voters' pamphlet; declaring an emergency.

Sponsorship: Partisan Bill (Republican 7)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3491 Detail]

Download: Oregon-2011-HB3491-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3497

                         House Bill 3491

Sponsored by Representative CONGER; Representatives PARRISH,
  WAND, WHISNANT, Senators OLSEN, TELFER, THOMSEN

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies provisions relating to inclusion of names or titles of
persons or organizations in argument or statement in voters'
pamphlet.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the voters' pamphlet; creating new provisions;
  amending ORS 251.049, 251.405 and 260.995; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 251.049 is amended to read:
  251.049. (1)   { - Except as provided in subsection (2) of this
section, - }  The Secretary of State may   { - not - }  { +
only + } print the name or title of a person or the name of an
organization in an argument supporting or opposing any measure or
a statement of any candidate, political party or assembly of
electors filed for inclusion in the voters' pamphlet,
if { + : + }   { - the name or title of the person or the name of
the organization is cited as supporting or endorsing the argument
or statement. - }
    { - (2) The Secretary of State may print the name or title of
a person or the name of an organization in an argument or
statement submitted for inclusion in the voters' pamphlet as
supporting or endorsing the argument or statement if: - }
  (a) Not later than the deadline for filing an argument or
statement with the Secretary of State, the secretary receives a
statement signed by the person, or by an authorized person on
behalf of an organization, stating that the person consents to
the use of the name or title of the person or the name of the
organization; or
  (b) The name or title of a person or the name of an
organization is used with a quotation made by the person or by an
authorized person on behalf of an organization, the quotation was
disseminated to the public prior to its inclusion in the argument
or statement and the quotation is identified by its source and
date.
    { - (3) - }  { +  (2) + } A person may not:
  (a) Submit a false signature under subsection   { - (2) - }
 { +  (1) + } of this section; or

  (b) Alter the manner in which a person signing a statement of
consent described in subsection   { - (2) - }  { +  (1) + } of
this section designates the person's name or title or the name of
the organization the person represents to appear in the argument
or statement. This paragraph does not prohibit revisions allowed
or required under ORS 251.055 or 251.087.
  SECTION 2. ORS 251.405 is amended to read:
  251.405. (1)   { - Except as provided in subsection (2) of this
section, - }  The county clerk may   { - not - }  { +  only + }
print the name or title of a person or the name of an
organization in an argument supporting or opposing any measure or
a statement of any candidate, filed for inclusion in a county
voters' pamphlet, if { + : + }
  { - the name or title of the person or the name of the
organization is cited as supporting or endorsing the argument or
statement. - }
    { - (2) The county clerk may print the name or title of a
person or the name of an organization in an argument or statement
submitted for inclusion in a county voters' pamphlet as
supporting or endorsing the argument or statement if: - }
  (a) Not later than the deadline for filing an argument or
statement with the county clerk, the county clerk receives a
statement signed by the person, or by an authorized person on
behalf of an organization, stating that the person consents to
the use of the name or title of the person or the name of the
organization; or
  (b) The name or title of a person or the name of an
organization is used with a quotation made by the person or by an
authorized person on behalf of an organization, the quotation was
disseminated to the public prior to its inclusion in the argument
or statement and the quotation is identified by its source and
date.
    { - (3) - }  { +  (2) + } A person may not:
  (a) Submit a false signature under subsection   { - (2) - }
 { +  (1) + } of this section; or
  (b) Alter the manner in which a person signing a statement of
consent described in subsection   { - (2) - }  { +  (1) + } of
this section designates the person's name or title or the name of
the organization the person represents to appear in the argument
or statement. This paragraph does not prohibit revisions allowed
or required under ORS 251.415.
  SECTION 3. ORS 260.995, as amended by section 10, chapter 9,
Oregon Laws 2010, and section 2, chapter 35, Oregon Laws 2010, is
amended to read:
  260.995. (1) Except as provided in subsection (2) of this
section, following an investigation under ORS 260.345, the
Secretary of State or Attorney General may impose a civil penalty
not to exceed $250 for each violation of any provision of Oregon
Revised Statutes relating to the conduct of any election, any
rule adopted by the secretary under ORS chapters 246 to 260 or
any other matter preliminary to or relating to an election, for
which a civil penalty is not otherwise provided.
  (2) The secretary or the Attorney General may impose a civil
penalty not to exceed:
  (a) $1,000 for each violation of ORS 251.049   { - (3) - }
 { +  (2) + } or 251.405   { - (3) - }  { +  (2) + };
  (b) $1,000 plus the amount converted to personal use for each
violation of ORS 260.407; or
  (c) $10,000 for each violation of ORS 260.555, 260.558,
260.575, 260.695 (1) or 260.715 (1) or section 1b, Article IV of
the Oregon Constitution.
  (3) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.745. In addition to the requirements of ORS 183.745, the
notice shall include:

  (a) A statement of the authority and jurisdiction under which
the hearing is to be held; and
  (b) If the person is an agency, corporation or an
unincorporated association, a statement that such person must be
represented by an attorney licensed in Oregon, unless the person
is a political committee which may be represented by any officer
identified in the most recent statement of organization filed
with the filing officer.
  (4) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
secretary or Attorney General:
  (a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the date the person received notice sent under subsection
(3) of this section; or
  (b) Upon the secretary's or Attorney General's own motion.
  (5) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but
instead may submit written testimony or other evidence, sworn to
before a notary public, to the secretary or Attorney General for
entry in the hearing record. The testimony or other evidence must
be received by the secretary or Attorney General not later than
three business days before the day of the hearing.
  (6) All hearings under this section shall be held not later
than 45 days after the deadline for the person against whom the
penalty may be assessed to request a hearing. However, if
requested by the person against whom the penalty may be assessed,
a hearing under subsection (4) of this section shall be held not
later than 60 days after the deadline for the person against whom
the penalty may be assessed to request a hearing.
  (7) The secretary or Attorney General shall issue an order not
later than 90 days after a hearing or after the deadline for
requesting a hearing if no hearing is held.
  (8) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund.
  (9) In the case of a civil penalty imposed under this section
for a violation of ORS 260.407, the person against whom the
penalty is assessed:
  (a) Is personally responsible for the payment of the civil
penalty;
  (b) Shall pay the civil penalty from personal funds of the
person; and
  (c) May not pay the civil penalty from contributions received
by a candidate, a candidate's principal campaign committee, a
political committee or a petition committee.
  SECTION 4.  { + (1) The amendments to ORS 251.049 and 251.405
by sections 1 and 2 of this 2011 Act apply to voters' pamphlets
printed on or after the effective date of this 2011 Act.
  (2) The amendments to ORS 260.995 by section 3 of this 2011 Act
apply to violations that occur on or after the effective date of
this 2011 Act. + }
  SECTION 5.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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