Bill Text: OR SB160 | 2013 | Regular Session | Introduced

Oregon Senate Bill 160 (Prior Session Legislation)

Bill Title: Relating to elections.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB160 Detail]

Download: Oregon-2013-SB160-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2507

                         Senate Bill 160

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 and Executive Appointments)

                             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.

  Clarifies that only chief petitioner who pays person to collect
signatures on statewide initiative or referendum petitions is
required to keep detailed accounts.

                        A BILL FOR AN ACT
Relating to elections; amending ORS 260.262.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 260.262 is amended to read:
  260.262. (1) As used in this section, 'accounts' means:
  (a) Any contract entered into by a chief petitioner of an
initiative or referendum petition { +  relating to a state
measure + } and any person for purposes of obtaining signatures
on the initiative or referendum petition or on a prospective
petition for a state measure to be initiated;
  (b) Any employment manual or training materials provided to
persons who obtain signatures on the petition or prospective
petition;
  (c) Payroll records for each employee obtaining signatures on
the petition or prospective petition showing hours worked, number
of signatures collected and amounts paid;
  (d) Records identifying the amount and purpose of each payment
made by the chief petitioner or any contractor, as defined in ORS
260.563, to any subcontractor, as defined in ORS 260.563,
obtaining signatures on the petition or prospective petition; and
  (e) Copies of signature sheets circulated by persons who are
being paid to obtain signatures on the petition or prospective
petition.
  (2) For purposes of enforcing section 1b, Article IV of the
Oregon Constitution, a chief petitioner of an initiative or
referendum petition { +  relating to a state measure + } who pays
any person money or other valuable consideration to obtain
signatures on the petition or prospective petition shall keep
detailed accounts. The accounts shall be current as of not later
than the seventh calendar day after the date a payment is made to
a person for obtaining signatures on the petition or prospective
petition.

  (3) The Secretary of State shall review the accounts of each
chief petitioner described in subsection (2) of this section in
the manner and according to a regular schedule adopted by the
secretary by rule.
  (4) In addition to the review conducted under subsection (3) of
this section, the secretary, Attorney General or Commissioner of
the Bureau of Labor and Industries may inspect the accounts of a
chief petitioner described in subsection (2) of this section
under reasonable circumstances at any time before the deadline
for filing signatures on the petition or during the period
specified for retention of the accounts under subsection (5) of
this section. The right of inspection may be enforced by writ of
mandamus issued by any court of competent jurisdiction.
  (5) A chief petitioner must preserve the accounts pertaining to
an initiative or referendum petition { +  relating to a state
measure + } or a prospective petition for a state measure to be
initiated for at least two years after the deadline for filing
the petition for verification of signatures or at least two years
after the date the last statement is filed under ORS 260.118,
whichever is later.
  (6) If a chief petitioner does not produce accounts under
subsection (3) or (4) of this section:
  (a) There is a rebuttable presumption that a violation of
section 1b, Article IV of the Oregon Constitution, has occurred;
and
  (b) The chief petitioner may not obtain additional signatures
on the petition or prospective petition until the chief
petitioner is able to supply the accounts to the secretary,
Attorney General or commissioner.
  (7) Accounts are not subject to disclosure under ORS 192.410 to
192.505.
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