75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                        Senate Bill 1062

Sponsored by Senator DEVLIN; Senators BURDICK, MORRISETTE,
  PROZANSKI, ROSENBAUM, SHIELDS (at the request of Secretary of
  State)

                     CHAPTER ................

                             AN ACT

Relating to elections; creating new provisions; amending ORS
  260.695 and 260.995; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 260.695 is amended to read:
  260.695.   { - (1) A person may not print or circulate an
imitation of the ballot or sample ballot, or a portion of the
ballot or sample ballot, which contains information which will
not appear, or deletes information which will appear, on the
ballot or sample ballot, or that portion of the ballot or sample
ballot, unless the imitation of the ballot or sample ballot, or
portion of the ballot or sample ballot, contains the following
statement in bold type: 'NOT FOR OFFICIAL USE.' This subsection
does not prohibit the printing or circulation of an imitation of
a ballot which illustrates the manner in which a candidate's name
may be written in for an office. - }
   { +  (1)(a) If a person prints or circulates an imitation of
the ballot or sample ballot:
  (A) The imitation ballot or sample ballot and the back of any
return envelope enclosed with the ballot or sample ballot shall
state the following: 'THIS IS NOT A REAL BALLOT. DO NOT USE TO
VOTE.' The statement on the imitation ballot or sample ballot
shall be in bold print that is at least two times as large as the
majority of the text on the ballot or sample ballot or 20-point
type, whichever is larger. The statement on the back of a return
envelope shall be in bold print that is at least 36-point type.
  (B) The word 'UNOFFICIAL' must be superimposed on the imitation
ballot or sample ballot so that the word extends diagonally
across the ballot from one margin of the text to the other. The
superimposed word may be printed in lighter ink than other text
on the ballot or sample ballot.
  (b) For purposes of this subsection, an imitation of the ballot
or sample ballot includes an imitation of a portion of the ballot
or sample ballot. + }
  (2) A person may not do any electioneering, including
circulating any cards or handbills, or soliciting of signatures
to any petition, within any building in which any state or local
government elections office designated for the deposit of ballots
under ORS 254.470 is located, or within 100 feet measured
radially from any entrance to the building. A person may not do
any electioneering by public address system located more than 100

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feet from an entrance to the building if the person is capable of
being understood within 100 feet of the building. The
electioneering need not relate to the election being conducted.
This subsection applies during the period beginning on the date
that ballots are mailed to electors as provided in ORS 254.470
and ending on election day at 8 p.m. or when all persons waiting
in line at the building who began the act of voting as described
in ORS 254.470 (10) by 8 p.m. have finished voting.
  (3) A person may not obstruct an entrance of a building in
which ballots are issued or a place designated for the deposit of
ballots under ORS 254.470 or any voting booth maintained under
ORS 254.474 is located. This subsection applies during the period
beginning on the date that ballots are mailed to electors as
provided in ORS 254.470 and ending on election day at 8 p.m. or
when all persons waiting in line at the building or location who
began the act of voting as described in ORS 254.470 (10) by 8
p.m.  have finished voting.
  (4) A person may not vote or offer to vote in any election
knowing the person is not entitled to vote.
  (5) A person may not make a false statement about the person's
inability to mark a ballot.
  (6) A person, except an elections official in performance of
duties or another person providing assistance to an elector as
described in ORS 254.445, may not ask a person at any place
designated for the deposit of ballots under ORS 254.470 or at any
location described in ORS 254.472 or 254.474 for whom that person
intends to vote, or examine or attempt to examine the person's
ballot.
  (7) A person may not show the person's own marked ballot to
another person to reveal how it was marked.
  (8) An elections official, other than in the performance of
duties, may not disclose to any person any information by which
it can be ascertained for whom any elector has voted.
  (9) A person, except an elections official in performance of
duties, may not do anything to a ballot to permit identification
of the person who voted.
  (10) An elector may not willfully leave at any place designated
for the deposit of ballots under ORS 254.470 or at any location
described in ORS 254.472 or 254.474 anything that will show how
the elector's ballot was marked.
  (11) A person, except an elections official in performance of
duties, may not remove a ballot from any place designated for the
deposit of ballots under ORS 254.470 or any location described in
ORS 254.472 or 254.474.
  (12) A person, except an elections official in performance of
duties or a person authorized by that official, may not willfully
deface, remove, alter or destroy a posted election notice.
  (13) A person, except an elections official in performance of
duties, may not willfully remove, alter or destroy election
equipment or supplies, or break the seal or open any sealed
package containing election supplies.
  (14) A person, except an elections official in performance of
duties, may not provide elections advice or attempt to collect
voted ballots within any building in which any state or local
government elections office designated for the deposit of ballots
under ORS 254.470 is located, or within 100 feet measured
radially from any entrance to the building.
  (15) A person, except an elections official in performance of
duties, may not establish a location to collect ballots voted by
electors unless:

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  (a) The person prominently displays at the location a sign
stating: 'NOT AN OFFICIAL BALLOT DROP SITE'; and
  (b) The sign is printed in all capital letters in bold 50-point
type.
  SECTION 2. ORS 260.995 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) or 251.405
(3);
  (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.

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  (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 or the principal campaign committee of a
candidate.
  SECTION 3.  { + The amendments to ORS 260.695 and 260.995 by
sections 1 and 2 of this 2010 Act apply to imitation ballots or
sample ballots printed or circulated on or after the effective
date of this 2010 Act. + }
  SECTION 4.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
                         ----------

Passed by Senate February 18, 2010

      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House February 23, 2010

      ...........................................................
                                                 Speaker of House

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Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

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