72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 488
House Bill 2143
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State Bill
Bradbury)
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 as
introduced.
Prohibits person other than person signing petition from
writing information about person signing petition on signature
sheet of state initiative, referendum or recall petition.
Requires persons being paid to obtain signatures on state
initiative, referendum or recall petition to register with
Secretary of State and complete training program.
Requires persons obtaining signatures on state initiative,
referendum or recall petition to use official petition booklet
issued by Secretary of State.
Prohibits persons other than persons authorized by chief
petitioner from obtaining signatures on particular state
initiative, referendum or recall petition.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
250.045.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2003 Act are added to
and made a part of ORS chapter 250. + }
SECTION 2. { + (1) A person other than the person who signed
the signature sheet of a state initiative, referendum or recall
petition may not write on the signature sheet any information
about the person who signed the signature sheet.
(2) As used in this section:
(a) 'The person who signed the signature sheet' means the
person whose signature will be submitted for verification under
ORS 249.875 or 250.105 for the purpose of determining whether the
petition contains the required number of signatures of electors.
(b) 'Information about the person who signed the signature
sheet' means any information regarding the person who signed the
signature sheet of a state initiative, referendum or recall
petition, in addition to the signature of the person, that is
required or requested to be supplied on a signature sheet of a
state initiative, referendum or recall petition. + }
SECTION 3. { + (1) A person may not pay money or other
valuable consideration to another person for obtaining signatures
of electors on a state initiative, referendum or recall petition,
and a person may not receive money or other valuable
consideration for obtaining signatures of electors on a state
initiative, referendum or recall petition, unless the person
obtaining the signatures:
(a) Registers with the Secretary of State in the manner
prescribed by rule of the Secretary of State; and
(b) Completes the training program prescribed by the Secretary
of State by rule.
(2) The Secretary of State shall adopt rules:
(a) Establishing procedures for registering persons who may be
paid money or other valuable consideration for obtaining
signatures of electors on a state initiative, referendum or
recall petition; and
(b) Establishing a training program for persons who may be paid
money or other valuable consideration for obtaining signatures of
electors on state initiative, referendum or recall petitions. + }
SECTION 4. { + (1) A person obtaining signatures on a state
initiative, referendum or recall petition shall use only the
signature sheets contained in official petition booklets issued
by the Secretary of State. The booklets for each petition shall
be sequentially numbered and issued by the Secretary of State
only to a chief petitioner of the petition.
(2) The Secretary of State shall issue official petition
booklets to a chief petitioner not later than:
(a) Five business days after the deadline for filing a petition
for review under ORS 250.085 of a ballot title certified by the
Attorney General for the state initiative petition or, if a
petition seeking a different title is filed with the Supreme
Court under ORS 250.085, five business days after the Supreme
Court certifies to the Secretary of State a ballot title for the
state initiative petition; or
(b) Five business days after a prospective petition is filed
under ORS 249.865 or 250.045 for the state referendum petition or
state recall petition.
(3) A person other than a person authorized by a chief
petitioner of a state initiative, referendum or recall petition
may not obtain signatures of electors on that petition.
(4) The Secretary of State shall adopt rules prescribing:
(a) The contents of the official petition booklets required
under this section;
(b) Procedures for numbering and issuing the official petition
booklets required under this section; and
(c) Provisions specifying methods a chief petitioner may use to
authorize persons to obtain signatures on the chief petitioner's
state initiative, referendum or recall petition. + }
SECTION 5. ORS 250.045 is amended to read:
250.045. (1) Before circulating a petition to initiate or refer
a state measure under section 1, Article IV, Oregon Constitution,
the petitioner shall file with the Secretary of State a
prospective petition. The prospective petition for a state
measure to be initiated shall contain a statement of sponsorship
signed by at least 25 electors. The statement of sponsorship
shall be attached to a full and correct copy of the measure to be
initiated. The signatures in the statement of sponsorship must be
accompanied by a certificate of the county clerk of each county
in which the electors who signed the statement reside, stating
the number of signatures believed to be genuine. The Secretary of
State shall date and time stamp the prospective petition and
specify the form on which the petition shall be printed for
circulation. { - The secretary shall approve or disapprove the
form of any petition signature sheet within five business days
after the signature sheet is submitted for review by the
secretary. - } The secretary shall retain the prospective
petition.
(2) The chief petitioner may amend the proposed initiated
measure filed with the Secretary of State without filing another
prospective petition, if:
(a) The Attorney General certifies to the Secretary of State
that the proposed amendment will not substantially change the
substance of the measure; and
(b) The deadline for submitting written comments on the draft
title has not passed.
(3) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the title
described in ORS 250.065 (1). If a petition seeking a different
ballot title is not filed with the Supreme Court by the deadline
for filing a petition under ORS 250.085, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.067 (2). However, if the Supreme Court has reviewed the
ballot title, the cover of the initiative petition shall contain
the title certified by the court.
(4) The chief petitioners shall include with the prospective
petition a statement declaring whether one or more persons will
be paid money or other valuable consideration for obtaining
signatures of electors on the initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners first has knowledge or should have
had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
(5)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
on a referendum petition shall contain the subject expressed in
the title of the Act to be referred.
(b) Each sheet of signatures on an initiative or referendum
petition shall:
(A) Contain only the signatures of electors of one county; and
(B) If one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid.' The notice
shall be in boldfaced type and shall be prominently displayed on
the sheet.
(c) The Secretary of State by rule shall adopt a method of
designation to distinguish signature sheets of referendum
petitions containing the same subject reference and being
circulated during the same period.
(6) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(7) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet of the
initiative or referendum petition that the individuals signed the
sheet in the presence of the circulator and that the circulator
believes each individual is an elector.
(8) The person obtaining signatures on the petition shall carry
at least one full and correct copy of the measure to be initiated
or referred and shall allow any person to review a copy upon
request of the person.
SECTION 6. { + (1)(a) Section 2 of this 2003 Act does not
apply to signature sheets on a state initiative or referendum
petition that, if filed with the required number of signatures of
electors, will be submitted to the people at the general election
held on the first Tuesday after the first Monday in November
2004.
(b) Section 2 of this 2003 Act applies to signature sheets on a
state initiative or referendum petition that, if filed with the
required number of signatures of electors, will be submitted to
the people at a general election occurring after the first
Tuesday after the first Monday in November 2004, regardless of
when the prospective petition for the initiative or referendum
petition is filed.
(c) Section 2 of this 2003 Act applies to signature sheets on a
state recall petition for which a prospective petition is filed
on or after July 2, 2004.
(2)(a) Section 3 of this 2003 Act does not apply to persons who
pay or receive money or other valuable consideration for
obtaining signatures of electors on a state initiative or
referendum petition that, if filed with the required number of
signatures of electors, will be submitted to the people at the
general election held on the first Tuesday after the first Monday
in November 2004.
(b) Section 3 of this 2003 Act applies to persons who pay or
receive money or other valuable consideration for obtaining
signatures of electors on a state initiative or referendum
petition that, if filed with the required number of signatures of
electors, will be submitted to the people at a general election
occurring after the first Tuesday after the first Monday in
November 2004, regardless of when the prospective petition for
the initiative or referendum petition is filed.
(c) Section 3 of this 2003 Act applies to persons who pay or
receive money or other valuable consideration for obtaining
signatures of electors on a state recall petition for which a
prospective petition is filed on or after July 2, 2004.
(3)(a) Section 4 of this 2003 Act does not apply to persons
obtaining signatures on a state initiative or referendum petition
that, if filed with the required number of signatures of
electors, will be submitted to the people at the general election
held on the first Tuesday after the first Monday in November
2004.
(b) Section 4 of this 2003 Act applies to persons obtaining
signatures on a state initiative or referendum petition that, if
filed with the required number of signatures of electors, will be
submitted to the people at a general election occurring after the
first Tuesday after the first Monday in November 2004, regardless
of when the prospective petition for the initiative or referendum
petition is filed.
(c) Section 4 of this 2003 Act applies to persons obtaining
signatures on a state recall petition for which a prospective
petition is filed on or after July 2, 2004.
(4)(a) The amendments to ORS 250.045 by section 5 of this 2003
Act do not apply to a state initiative or referendum petition
that, if filed with the required number of signatures of
electors, will be submitted to the people at the general election
held on the first Tuesday after the first Monday in November
2004.
(b) The amendments to ORS 250.045 by section 5 of this 2003 Act
apply to a state initiative or referendum petition that, if filed
with the required number of signatures of electors, will be
submitted to the people at a general election occurring after the
first Tuesday after the first Monday in November 2004, regardless
of when the prospective petition for the initiative or referendum
petition is filed. + }
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