71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2578
 
Sponsored by COMMITTEE ON RULES, REDISTRICTING, AND PUBLIC
  AFFAIRS (at the request of Secretary of State Bill Bradbury)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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;
  (c) Register or vote in any particular manner;
  (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;
 
 
Enrolled House Bill 2578 (HB 2578-INTRO)                   Page 1
 
 
 
  (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. + }
                         ----------
 
 
Passed by House May 22, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 20, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2578 (HB 2578-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2578 (HB 2578-INTRO)                   Page 3