Bill Text: OR SB154 | 2013 | Regular Session | Enrolled
Bill Title: Relating to election petitions; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-08-21 - Effective date, August 14, 2013. [SB154 Detail]
Download: Oregon-2013-SB154-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 154
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Rules)
CHAPTER ................
AN ACT
Relating to election petitions; creating new provisions; amending
ORS 250.048; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 250.048 is amended to read:
250.048. (1) A person may not pay money or other valuable
consideration to another person for obtaining signatures of
electors on a state initiative, referendum or recall petition or
a prospective petition for a state measure to be initiated, and a
person may not receive money or other valuable consideration for
obtaining signatures of electors on a state initiative,
referendum or recall petition or a prospective petition for a
state measure to be initiated, unless the person obtaining the
signatures:
(a) Registers with the Secretary of State in the manner
prescribed by this section and by rule of the secretary; and
(b) Completes the training program prescribed by rule of the
secretary.
(2) A person may apply to the secretary for a registration
required under subsection (1) of this section. The application
shall include:
(a) The full name and any assumed name of the applicant;
(b) The residential street address of the applicant;
(c) An example of the signature of the applicant;
(d) A list of the prospective petitions on which the applicant
will gather signatures;
(e) A list of the initiative, referendum and recall petitions
on which the applicant will gather signatures;
(f) If the applicant has been convicted for a criminal offense
involving fraud, forgery or identification theft, information
relating to the circumstances of the conviction as required by
the secretary;
(g) A statement signed by the applicant acknowledging that the
applicant has read and understands Oregon law applicable to the
gathering of signatures on state initiative, referendum and
recall petitions and prospective petitions for state measures to
be initiated, as the law is summarized in the training program
established by the Secretary of State;
Enrolled Senate Bill 154 (SB 154-INTRO) Page 1
(h) Evidence indicating that the applicant has completed the
training required by the secretary by rule;
(i) A photograph of the applicant; and
(j) A statement signed by a chief petitioner of each petition
or prospective petition, or a person designated by a chief
petitioner under this paragraph, upon which the applicant will
gather signatures acknowledging that the chief petitioner is
liable for violations of law or rule committed by the person
obtaining signatures as provided in ORS 260.561. A chief
petitioner may designate a person to sign a statement described
in this paragraph on behalf of the chief petitioner.
(3)(a) If an applicant complies with subsection (2) of this
section, not later than five business days after the applicant
applies, the secretary shall register the applicant and assign
the applicant a registration number.
(b) A person who is registered to obtain signatures on a
prospective petition for a state measure to be initiated need not
reapply for a registration under this section in order to obtain
signatures on a state initiative, referendum or recall petition,
except that the person shall submit a list of the initiative,
referendum and recall petitions on which the person will gather
signatures.
(c) A registration to obtain signatures on a state initiative
petition or a prospective petition for a state measure to be
initiated is valid until the date that is four months before the
next general election.
(d) A registration to obtain signatures on a referendum or
recall petition is valid until the date the petition is filed for
signature verification.
(4) A person may not apply for registration under this section
if, during the five-year period prior to the date of application,
the person:
(a) Has been convicted for a criminal offense involving fraud,
forgery or identification theft in any state;
(b) Has had a civil penalty imposed under ORS 260.995 for a
violation of this section or ORS 260.262; or
(c) Has had a civil or criminal penalty imposed for violation
of a statute subject to a criminal penalty under ORS 260.993.
(5) To assist in determining the identity of an applicant or
whether an applicant has been convicted for a criminal offense
described in subsection (4) of this section, upon consent of the
applicant and upon request of the secretary, the Department of
State Police shall furnish to the secretary any information that
the department may have in its possession, including but not
limited to the Law Enforcement Data System established in ORS
181.730, other computerized information and any other information
to which the department may have access. For purposes of
receiving the information described in this subsection, the
office of the Secretary of State is a 'criminal justice agency'
under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules
adopted under ORS 181.555. Upon submitting an application for
registration described in subsection (2) of this section, an
applicant is deemed to have given the consent necessary for
purposes of this subsection.
(6) If a person receives money or other valuable consideration
for obtaining signatures of electors on a state initiative,
referendum or recall petition or a prospective petition for a
state measure to be initiated and the person was not registered
as required under this section at the time the signatures were
obtained, the secretary may not include any signatures obtained
Enrolled Senate Bill 154 (SB 154-INTRO) Page 2
by the person in a count under ORS 250.045 (3) or 250.105 or ORS
chapter 249 for purposes of determining whether the petition or
prospective petition contains the required number of signatures
of electors.
(7) A person registered under this section shall carry evidence
of registration with the person while the person is obtaining
signatures on a state initiative, referendum or recall petition
or a prospective petition for a state measure to be initiated.
The evidence of registration shall contain the photograph and
registration number of the person. The secretary by rule shall
designate the form of the evidence of registration.
(8) A photograph of an applicant submitted under subsection (2)
of this section shall:
(a) Be a conventional photograph with a plain background;
(b) Show the face or the face, neck and shoulders of the
applicant; and
(c) Be prepared and processed for printing as prescribed by the
secretary.
(9) A person registered under this section may not obtain
signatures on a petition or prospective petition for which the
person is being paid and, at the same time, obtain signatures on
a petition or prospective petition for which the person is not
being paid. The secretary may not include any signatures obtained
in violation of this subsection in a count under ORS 250.045 (3)
or 250.105 or ORS chapter 249 for purposes of determining whether
a state initiative, referendum or recall petition or a
prospective petition for a state measure to be initiated contains
the required number of signatures of electors.
{ + (10) An organization or entity that pays money or other
valuable consideration to a person for obtaining signatures of
electors on a state initiative, referendum or recall petition or
a prospective petition for a state measure to be initiated shall
register with the Secretary of State by:
(a) Submitting the name and address of the organization or
entity;
(b) Selecting one or more individuals who represent the
organization or entity to complete the training program
prescribed in subsection (1) of this section; and
(c) Submitting a statement signed by each individual selected:
(A) Acknowledging that the individual has read and understands
Oregon law applicable to the gathering of signatures on state
initiative, referendum and recall petitions and prospective
petitions for state measures to be initiated, as the law is
summarized in the training program established by the secretary;
and
(B) Affirming that the organization or entity operates in
compliance with the law. + }
{ - (10) - } { + (11) + } The secretary shall adopt rules
necessary to implement this section, including rules:
(a) Establishing procedures for registering persons { + or
organizations or entities as described in this section + }
{ - who may be paid money or other valuable consideration for
obtaining signatures of electors on state initiative, referendum
or recall petitions or prospective petitions for state measures
to be initiated - } ; and
(b) Establishing a training program { - for persons who may
be paid money or other valuable consideration for obtaining
signatures of electors on state initiative, referendum or recall
petitions or prospective petitions for state measures to be
Enrolled Senate Bill 154 (SB 154-INTRO) Page 3
initiated - } { + prescribed in subsection (1) of this
section + }.
SECTION 2. { + The amendments to ORS 250.048 by section 1 of
this 2013 Act become operative on January 1, 2014. + }
SECTION 3. { + The amendments to ORS 250.048 by section 1 of
this 2013 Act apply to organizations or entities that pay money
or other valuable consideration to a person to obtain signatures
of electors on or after the operative date specified in section 2
of this 2013 Act. + }
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Passed by Senate May 28, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 28, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 154 (SB 154-INTRO) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 154 (SB 154-INTRO) Page 5
