Chapter 489 Oregon Laws 2001

AN ACT

SB 216

Relating to election petitions; creating new provisions; and amending ORS 260.555 and 260.993.

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

SECTION 1. ORS 260.555 is amended to read:

260.555. (1) No person attempting to obtain signatures on, or causing to be circulated, an initiative, referendum or recall petition, shall knowingly make any false statement regarding the contents, meaning or effect of the petition to any person who signs it, attempts to sign it, is requested to sign it or requests information concerning it.

(2) No person shall attempt to obtain signatures to, cause to be circulated or file with a filing officer, an initiative, referendum or recall petition, knowing it to contain a false signature.

(3) No person shall attempt to obtain the signature of a person to an initiative, referendum or recall petition knowing that the person signing the petition is not qualified to sign it.

[(3)] (4) No person shall knowingly sign an initiative, referendum or recall petition more than once, knowingly sign such petition when not qualified to sign it, or sign such petition in any name other than the person’s own.

[(4)] (5) No public official or employee shall knowingly make a false certification concerning an initiative, referendum or recall petition.

SECTION 2. Section 3 of this 2001 Act is added to and made a part of ORS chapter 260.

SECTION 3. (1) If a chief petitioner of a statewide initiative or referendum petition has knowledge of a violation of any provision of Oregon Revised Statutes relating to the conduct of any election or of any rule adopted by the Secretary of State under ORS chapters 246 to 260 committed by a person obtaining signatures on the chief petitioner’s petition, the violation by the person obtaining signatures shall be conclusively considered a violation by the chief petitioner.

(2) If a statewide initiative or referendum petition has more than one chief petitioner, no more than one chief petitioner may be held liable under subsection (1) of this section. This section does not apply to a violation of law that is subject to criminal penalty.

SECTION 4. ORS 260.993 is amended to read:

260.993. (1) The penalty for violation of ORS 260.532 is limited to that provided in ORS 260.532 (6) and (8).

(2) Violation of ORS 247.125, 247.171 (5), 247.420 (2), 253.710, 260.402, 260.555, 260.558, 260.575, 260.615, 260.645, 260.665 (2) or (3) involving any action described in ORS 260.665 (2)(d) to (f), 260.715 or 260.718 is a Class C felony.

(3) Violation of ORS 260.695 (5) is a Class A misdemeanor.

(4) Violation of ORS 247.171 (6) is a Class C misdemeanor.

SECTION 5. (1) The amendments to ORS 260.555 by section 1 of this 2001 Act apply to signatures obtained or attempted to be obtained on or after the effective date of this 2001 Act.

(2) Section 3 of this 2001 Act applies to violations of law occurring on or after the effective date of this 2001 Act.

(3) The amendments to ORS 260.993 by section 4 of this 2001 Act apply to violations of ORS 260.558 occurring on or after the effective date of this 2001 Act.

Approved by the Governor June 21, 2001

Filed in the office of Secretary of State June 22, 2001

Effective date January 1, 2002

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