71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 216
Sponsored by Senator COURTNEY; Senator L BEYER, Representative
DEVLIN
CHAPTER ................
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:
Enrolled Senate Bill 216 (SB 216-A) Page 1
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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Passed by Senate April 24, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 5, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 216 (SB 216-A) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 216 (SB 216-A) Page 3