71st OREGON LEGISLATIVE ASSEMBLY--2001 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 1311
 
                           A-Engrossed
 
                         Senate Bill 216
                 Ordered by the Senate April 19
           Including Senate Amendments dated April 19
 
Sponsored by Senator COURTNEY; Senator L BEYER
 
 
                             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.
 
  Prohibits person gathering signatures from attempting to obtain
signature of person on initiative, referendum or recall petition
knowing that person signing petition is not qualified to sign
petition. Punishes violation by maximum imprisonment of five
years, $100,000 fine, or both.
    { - Specifies that chief petitioner of statewide initiative
or referendum petition is personally liable for violation of law
committed by person gathering signatures. - }   { + Provides that
violation of Oregon election law or certain rules of Secretary of
State by person gathering signatures is conclusively presumed to
be violation by chief petitioner if chief petitioner has
knowledge of violation. + } Exempts violations subject to
criminal penalty.
   { +  Makes payment for signing or not signing petition and
sale or purchase of signature sheets Class C felony. Punishes by
maximum of five years' imprisonment, $100,000 fine, or both. + }
 
                        A BILL FOR AN ACT
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. + }
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