Chapter 960 Oregon Laws 2001

AN ACT

HB 2578

Relating to undue influence in elections; creating new provisions; amending ORS 260.665; and declaring an emergency.

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

SECTION 1. ORS 260.665 is amended to read:

260.665. (1) As used in this section, “undue influence” means force, violence, restraint or the threat of it, inflicting injury, damage, harm, loss of employment or other loss or the threat of it, [fraud] or giving or promising to give money, employment or other thing of value.

(2) No person, acting either alone or with or through any other person, shall directly or indirectly subject any person to undue influence with the intent to induce any person to:

(a) Register or vote;

(b) Refrain from registering or voting;

(d) Be or refrain from or cease being a candidate;

(e) Contribute or refrain from contributing to any candidate, political party or political committee;

(f) Render or refrain from rendering services to any candidate, political party or political committee;

(g) Challenge or refrain from challenging a person offering to vote; or

(h) Apply or refrain from applying for an absentee ballot.

(3) No person shall solicit or accept money or other thing of value as an inducement to act as prohibited by subsection (2) of this section.

(4) This section does not prohibit:

(a) The employment of persons to render services to candidates, political parties or political committees;

(b) The public distribution by candidates, political parties or political committees of sample ballots or other items readily available to the public without charge, even though the distributor incurs costs in the distribution;

(c) Public or nonpromissory statements by or on behalf of a candidate of the candidate's intentions or purposes if elected;

(d) A promise by a candidate to employ any person as administrative assistant, secretary or other direct personal aide;

(e) Free custody and care of minor children of persons during the time those persons are absent from those children for voting purposes;

(f) Free transportation to and from the polls for persons voting; but no means of advertising, solicitation or inducement to influence the vote of persons transported shall be used with that transportation;

(g) Individuals or political committees from providing refreshments incidental to a gathering in support of or in opposition to a candidate, political committee or measure; or

(h) The public distribution of registration cards by a person approved by the Secretary of State under ORS 247.171 to print, copy or otherwise prepare and distribute registration cards, even though the distributor incurs costs in the distribution.

SECTION 2. (1) The amendments to ORS 260.665 by section 1 of this 2001 Act apply to alleged violations of ORS 260.665 occurring prior to, on or after the effective date of this 2001 Act.

(2) Any investigation, proceeding, action, prosecution or other business or matter undertaken or commenced by the Secretary of State or Attorney General before the effective date of this 2001 Act with respect to fraud under ORS 260.665 (1999 Edition) and still pending on the effective date of this 2001 Act shall be terminated on the effective date of this 2001 Act.

SECTION 3. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect on its passage.

Approved by the Governor August 15, 2001

Filed in the office of Secretary of State August 15, 2001

Effective date August 15, 2001

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