Bill Text: OR SB267 | 2011 | Regular Session | Introduced
Bill Title: Relating to elections; declaring an emergency.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB267 Detail]
Download: Oregon-2011-SB267-Introduced.html
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 1569
Senate Bill 267
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)
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.
Requires chief petitioner of initiative or referendum petition
to disclose system of bonuses, incentives or payment or minimum
expectation of signatures to be obtained. Prohibits system of
bonuses, incentives or payment with effect of paying person per
signature obtained.
Modifies liability of contractors or subcontractors of chief
petitioner with knowledge of violation of law or rule related to
circulation of initiative or referendum petition.
Provides confidential reporting of certain violations of
election law or rule.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
260.262, 260.563 and 260.995; and declaring an emergency.
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 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. { +
(f) A record of any system of bonuses, incentives or payment or
any minimum expectation of signatures to be obtained on a
petition. + }
(2) For purposes of enforcing section 1b, Article IV of the
Oregon Constitution, a chief petitioner of an initiative or
referendum petition who pays any person money or other valuable
consideration to obtain signatures on the petition or prospective
petition shall { + :
(a) + } 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.
{ + (b) Disclose any system of bonuses, incentives or payment
or any minimum expectation of signatures to be obtained on a
petition not later than the date the chief petitioner files a
prospective petition under ORS 250.045 for the measure for which
persons will be paid money or other valuable consideration to
obtain signatures. + }
(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 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.
SECTION 2. ORS 260.563 is amended to read:
260.563. (1) As used in this section:
(a) 'Contractor' means a person who contracts on predetermined
terms with a chief petitioner, or a person acting on behalf of a
chief petitioner, of an initiative or referendum petition or a
prospective petition for a state measure to be initiated for the
purpose of obtaining signatures on the petition or prospective
petition.
(b) 'Subcontractor' means a person who contracts on
predetermined terms with a contractor for the purpose of
obtaining signatures on an initiative or referendum petition or a
prospective petition for a state measure to be initiated and who
has no direct contractual relationship with a chief petitioner or
other person acting on behalf of a chief petitioner.
{ + (2)(a) If a contractor or subcontractor of a statewide
initiative or referendum petition has knowledge of a violation of
any provision of Oregon Revised Statutes, of any rule adopted by
the Secretary of State under ORS chapters 246 to 260 related to
the circulation of a statewide initiative or referendum petition
or of section 1b, Article IV of the Oregon Constitution,
committed by a person obtaining signatures on the chief
petitioner's petition or prospective petition, the violation by
the person obtaining signatures is conclusively considered a
violation by the contractor or subcontractor. + }
{ - (2) - } { + (b) + } If a contractor has knowledge or
should have had knowledge of a violation of ORS 250.048, 260.555,
260.558, 260.567, 260.575, 260.665 or 260.715 (1) or section 1b,
Article IV of the Oregon Constitution, or any rule adopted by the
Secretary of State related to section 1b, Article IV of the
Oregon Constitution, petition sheets or circulator training,
registration or certification, by a subcontractor, the violation
by the subcontractor is conclusively considered a violation by
the contractor.
(3) A contractor is not liable under subsection (2) of this
section if the contractor notifies the Secretary of State in
writing not later than one business day after the contractor
obtains knowledge of a potential violation. The notice shall
state:
(a) That a potential violation has occurred;
(b) The nature of the potential violation; and
(c) All specific information known to the contractor regarding
the potential violation.
(4) A contractor may not be held criminally liable under this
section solely based on a violation committed by a subcontractor.
SECTION 3. { + (1) Any person may report a violation of an
election law or rule adopted by the Secretary of State under ORS
chapters 246 to 260 by a chief petitioner of an initiative,
referendum or recall petition, a contractor or subcontractor as
defined in ORS 260.563, or any person registered to pay or
receive money or other valuable consideration for obtaining
signatures of electors on an initiative, a referendum or a recall
petition or on a prospective petition for a state measure.
(2) Notwithstanding any other provision of law, the identity of
any person making a report under this section is confidential.
Upon receiving a complaint under this section, the secretary may
proceed as if the secretary received a complaint under ORS
260.345 or take any other action the secretary determines may be
appropriate. + }
SECTION 4. { + For purposes of enforcing section 1b, Article
IV of the Oregon Constitution, a chief petitioner may not use a
quota system or any other system of providing bonuses, incentives
or payment that has the effect of paying money or other thing of
value based on the number of signatures obtained on an initiative
or referendum petition. + }
SECTION 5. 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) 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 4 of this
2011 Act + } 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 6. { + (1) The amendments to ORS 260.262 by section 1
of this 2011 Act apply to:
(a) Initiative and referendum petitions for which a prospective
petition is filed on or after the effective date of this 2011
Act;
(b) Prospective petitions that are filed on or after the
effective date of this 2011 Act; and
(c) Initiative and referendum petitions for which a prospective
petition is filed prior to the effective date of this 2011 Act
and that, if filed with the required number of signatures of
electors, will be submitted to the people at an election held on
or after the effective date of this 2011 Act. A chief petitioner
of a petition described in this paragraph shall maintain accounts
under ORS 260.262, as amended by section 1 of this 2011 Act, for
activities that occur on or after the effective date of this 2011
Act.
(2) The amendments to ORS 260.563 and 260.995 by sections 2 and
5 of this 2011 Act apply to violations that occur on or after the
effective date of this 2011 Act. + }
SECTION 7. { + 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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