74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2082
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Secretary of State Bill
Bradbury)
CHAPTER ................
AN ACT
Relating to election petitions; creating new provisions; amending
ORS 198.430, 198.750, 221.031, 248.008, 249.061, 249.740,
249.865, 250.045, 250.065, 250.067, 250.105, 250.165, 250.265,
255.135, 260.005, 260.045, 260.057, 260.118, 260.215, 260.255,
260.402, 261.115 and 545.025; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
+ }
SECTION 1. { + Sections 2 and 3 of this 2007 Act are added to
and made a part of ORS chapter 250. + }
SECTION 2. { + (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 this section and by rule of the secretary; and
(b) Completes the training program prescribed by rule of the
secretary.
(2) A person may apply to the secretary for a registration
required under subsection (1) of this section. The application
shall include:
(a) The full name and any assumed name of the applicant;
(b) The residential street address of the applicant;
(c) An example of the signature of the applicant;
(d) A list of the initiative, referendum and recall petitions
on which the applicant will gather signatures;
(e) If the applicant has been convicted for a criminal offense
involving fraud, forgery or identification theft, information
relating to the circumstances of the conviction as required by
the secretary;
(f) A statement signed by the applicant acknowledging that the
applicant has read and understands Oregon law applicable to the
gathering of signatures on state initiative, referendum and
recall petitions, as the law is summarized in the training
program established by the Secretary of State;
(g) Evidence indicating that the applicant has completed the
training required by the secretary by rule;
(h) A photograph of the applicant; and
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(i) A statement signed by a chief petitioner of each petition
upon which the applicant will gather signatures acknowledging
that the chief petitioner is liable for violations of law or rule
committed by the person obtaining signatures as provided in ORS
260.561.
(3) If an applicant complies with subsection (2) of this
section, not later than two business days after the applicant
applies, the secretary shall register the applicant and assign
the applicant a registration number.
(4) A person who has been convicted for a criminal offense
involving fraud, forgery or identification theft in any state
during the five-year period prior to the date of the application
may not apply for registration under this section.
(5) If a person receives money or other valuable consideration
for obtaining signatures of electors on a state initiative,
referendum or recall petition and the person was not registered
as required under this section at the time the signatures were
obtained, the secretary may not count the signatures under ORS
250.105 or ORS chapter 249 for purposes of determining whether
the petition contains the required number of signatures of
electors.
(6) A person registered under this section shall carry evidence
of registration with the person while the person is obtaining
signatures on a state initiative, referendum or recall petition.
The evidence of registration shall contain the photograph and
registration number of the person. The secretary by rule shall
designate the form of the evidence of registration.
(7) A photograph of an applicant submitted under subsection (2)
of this section shall:
(a) Be a conventional photograph with a plain background;
(b) Show the face or the face, neck and shoulders of the
applicant; and
(c) Be prepared and processed for printing as prescribed by the
secretary.
(8) The secretary shall adopt rules necessary to implement this
section, including rules:
(a) Establishing procedures for registering persons who may be
paid money or other valuable consideration for obtaining
signatures of electors on state initiative, referendum or recall
petitions; 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 3. { + (1) For each state initiative, referendum or
recall petition, the Secretary of State shall prepare official
templates of the cover and signature sheets for the petition.
Except as provided in this section, templates of cover and
signature sheets for state initiative and referendum petitions
are subject to the requirements of ORS 250.045. The templates of
signature sheets to be used by persons who are being paid to
obtain signatures on the petition shall be a different color from
the sheets to be used by persons who are not being paid to obtain
signatures on the petition.
(2) A person obtaining signatures on a state initiative,
referendum or recall petition may use only the cover and
signature sheets contained in the official templates prepared for
the petition. A person who is being paid to obtain signatures on
the petition shall use the signature sheet template designated
for use by persons being paid to obtain signatures. A person who
is not being paid to obtain signatures on the petition shall use
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the signature sheet template designated for use by persons who
are not being paid to obtain signatures.
(3) The secretary shall issue templates for a petition only to
a chief petitioner of the petition or to an agent designated by a
chief petitioner.
(4) The secretary shall issue official templates to a chief
petitioner or designated agent not later than:
(a) Three business days after the deadline for filing a
petition under ORS 250.085 relating to a ballot title certified
by the Attorney General for the state initiative petition or, if
a petition is filed with the Supreme Court under ORS 250.085,
three business days after the Supreme Court certifies to the
Secretary of State a ballot title for the state initiative
petition; or
(b) Three business days after a prospective petition is filed
under ORS 249.865 or 250.045 for a state recall petition or state
referendum petition.
(5) Not later than five business days after the deadline for
the secretary to issue templates under subsection (4) of this
section, a chief petitioner of a state initiative, referendum or
recall petition may submit to the secretary a written request for
modification of the templates. The secretary shall approve or
disapprove the request not later than five business days after
receiving the request. If the secretary disapproves the request,
the secretary shall advise the chief petitioner in writing of the
reasons for the disapproval.
(6) In addition to the templates prepared under subsections (1)
to (5) of this section, for each state initiative, referendum or
recall petition, the secretary shall prepare an official
electronic template of a signature sheet for the petition. A
template prepared under this subsection shall allow space for the
signature of one elector. An elector may print a copy of the
electronic signature sheet for a petition, sign the sheet and
deliver the signed sheet to a chief petitioner or an agent
designated by a chief petitioner. Electronic templates described
in this subsection are subject to the requirements of ORS
250.045, other than ORS 250.045 (5), (8) and (9).
(7) The secretary shall adopt rules prescribing the contents
and method of production of official templates required under
this section. + }
SECTION 4. { + Sections 5 to 7 of this 2007 Act are added to
and made a part of ORS chapter 260. + }
SECTION 5. { + (1) As used in this section, 'accounts' means:
(a) Any contract entered into by a chief petitioner of an
initiative or referendum petition and any person for purposes of
obtaining signatures on the petition;
(b) Any employment manual or training materials provided to
persons who obtain signatures on the petition;
(c) Payroll records for each employee obtaining signatures on
the petition showing hours worked, number of signatures collected
and amounts paid;
(d) Records identifying the amount and purpose of each payment
made by the chief petitioner or any contractor, as defined in
section 7 of this 2007 Act, to any subcontractor, as defined in
section 7 of this 2007 Act, obtaining signatures on the petition;
and
(e) Copies of signature sheets circulated by persons who are
being paid to obtain signatures on the petition.
(2) For purposes of enforcing section 1b, Article IV of the
Oregon Constitution, a chief petitioner of an initiative or
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referendum petition who pays any person money or other valuable
consideration to obtain signatures on the petition shall keep
detailed accounts. The accounts shall be current as of not later
than the seventh calendar day after the date a payment is made to
a person for obtaining signatures on the petition.
(3) The Secretary of State shall review the accounts of each
chief petitioner described in subsection (2) of this section in
the manner and according to a regular schedule adopted by the
secretary by rule.
(4) In addition to the review conducted under subsection (3) of
this section, the secretary, Attorney General or Commissioner of
the Bureau of Labor and Industries may inspect the accounts of a
chief petitioner described in subsection (2) of this section
under reasonable circumstances at any time before the deadline
for filing signatures on the petition or during the period
specified for retention of the accounts under subsection (5) of
this section. The right of inspection may be enforced by writ of
mandamus issued by any court of competent jurisdiction.
(5) A chief petitioner must preserve the accounts pertaining to
an initiative or referendum petition for at least two years after
the deadline for filing the petition for verification of
signatures or at least two years after the date the last
statement is filed under ORS 260.118, whichever is later.
(6) If a chief petitioner does not produce accounts under
subsection (3) or (4) of this section:
(a) There is a rebuttable presumption that a violation of
section 1b, Article IV of the Oregon Constitution, has occurred;
and
(b) The chief petitioner may not obtain additional signatures
on the petition until the chief petitioner is able to supply the
accounts to the secretary, Attorney General or commissioner.
(7) Accounts are not subject to disclosure under ORS 192.410 to
192.505. + }
SECTION 6. { + For the purpose of investigating violations of
section 1b, Article IV of the Oregon Constitution, the Secretary
of State, Attorney General and Commissioner of the Bureau of
Labor and Industries may cooperate and share information as
considered necessary by the secretary, Attorney General or
commissioner. + }
SECTION 7. { + (1) As used in this section:
(a) 'Contractor' means a person who contracts on predetermined
terms with a chief petitioner, or a person acting on behalf of a
chief petitioner, of an initiative or referendum petition for the
purpose of obtaining signatures on the petition.
(b) 'Subcontractor' means a person who contracts on
predetermined terms with a contractor for the purpose of
obtaining signatures on an initiative or referendum petition and
who has no direct contractual relationship with a chief
petitioner or other person acting on behalf of a chief
petitioner.
(2) If a contractor has knowledge of an unreported violation of
section 1b, Article IV of the Oregon Constitution, by a
subcontractor, the violation by the subcontractor is conclusively
considered a violation by the contractor.
(3) A contractor is not liable under subsection (2) of this
section if the contractor notifies the Secretary of State in
writing not later than one business day after the contractor
obtains knowledge of an unreported potential violation. The
notice shall state:
(a) That a potential violation has occurred;
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(b) The nature of the potential violation; and
(c) All specific information known to the contractor regarding
the potential violation.
(4) This section does not apply to a violation of law that is
subject to criminal penalty. + }
SECTION 7a. { + Section 7b of this 2007 Act is added to and
made a part of ORS chapter 260. + }
SECTION 7b. { + (1) Except as provided in subsection (2) of
this section, a person other than the person who signed the
signature sheet of an initiative, referendum, recall or candidate
nominating petition or a certificate of nomination may not write,
alter, correct, clarify or obscure on the signature sheet any
information about the person who signed the signature sheet.
(2) A person other than the person who signed the signature
sheet may:
(a) Alter, correct, clarify or obscure on the signature sheet
any information about the person who signed the signature sheet
if the line on which the signature appears is subsequently
initialed by the person who signed the signature sheet; or
(b) Write, alter, correct, clarify or obscure on the signature
sheet any information about the person who signed the signature
sheet if the person who signed the signature sheet is a person
with a disability and requests assistance in writing, altering,
correcting, clarifying or obscuring on the signature sheet any
information about the person.
(3) As used in this section:
(a) 'Information about the person who signed the signature
sheet' means any information regarding the person who signed the
signature sheet of an initiative, referendum, recall or candidate
nominating petition or a certificate of nomination, in addition
to the signature of the person, that is required or requested to
be supplied on a signature sheet of an initiative, referendum,
recall or candidate nominating petition or a certificate of
nomination.
(b) 'The person who signed the signature sheet' means the
person whose signature will be submitted for verification under
ORS chapter 249 or ORS 250.105, 250.215, 250.315 or 255.175 for
the purpose of determining whether the petition or certificate
contains the required number of signatures of electors. + }
SECTION 8. 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 - } { + 1,000 + } electors. The
statement of sponsorship shall be attached to a full and correct
copy of the measure to be initiated.
{ + (2) + } { - 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 by rule shall establish
procedures for verifying whether the statement of sponsorship
contains the required number of signatures of electors.
(3) + } The secretary { - of State - } shall date and time
stamp the prospective petition and specify the form on which the
{ + initiative or referendum + } petition shall be printed for
circulation { + as provided in section 3 of this 2007 Act + }.
{ - The secretary shall approve or disapprove the form of any
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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) - } { + (4) + } The chief petitioner may amend the
{ - proposed initiated measure - } { + state measure to be
initiated that has been + } 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) - } { + (5) + } 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 final measure summary
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) - } { + (6) + } 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) - } { + (7)(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 - } { + a notice describing the meaning of the color of
the signature sheet in accordance with section 3 of this 2007
Act + }; 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.
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{ - (6) - } { + (8) + } The reverse side of the cover of an
initiative or referendum petition shall be used for obtaining
signatures on { - an - } { + the + } initiative or referendum
petition.
{ - (7) - } { + (9) + } Not more than 20 signatures on the
signature sheet of the initiative or referendum petition
{ - shall - } { + may + } 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 - } { + the circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector + }.
{ - (8) - } { + (10) + } 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 8a. { + Section 8b of this 2007 Act is added to and
made a part of ORS chapter 250. + }
SECTION 8b. { + If a signature sheet of a petition is not
certified by the circulator as required under ORS 198.430,
198.750, 221.031, 248.008, 249.061, 249.740, 249.865, 250.045,
250.165, 250.265, 255.135, 261.115 and 545.025, signatures
contained on the signature sheet may not be counted for purposes
of determining whether the petition contains the required number
of signatures of electors. + }
SECTION 9. ORS 250.065 is amended to read:
250.065. (1) When a prospective petition for a state measure to
be referred is filed with the Secretary of State, the secretary
shall authorize the circulation of the petition using the final
measure summary of the latest version of the printed, engrossed
measure in lieu of the ballot title. { + On the next business
day + } after the referendum petition has been filed containing
the required number of verified signatures, the Secretary of
State
{ - immediately - } shall send two copies of the prospective
petition to the Attorney General.
(2) When an approved prospective petition for a state measure
to be initiated is filed with the Secretary of State, the
secretary immediately shall send two copies of it to the Attorney
General.
(3) Not later than the fifth business day after receiving the
copies of the prospective petition for a state measure to be
initiated, the Attorney General shall provide a draft ballot
title for the state measure to be initiated and return one copy
of the prospective petition and the ballot title to the Secretary
of State.
(4) Not later than the 10th business day after receiving the
copies of the prospective petition for a state measure to be
referred, the Attorney General shall provide a draft ballot title
for the state measure to be referred and return one copy of the
prospective petition and the draft ballot title to the Secretary
of State.
SECTION 10. ORS 250.067 is amended to read:
250.067. (1) The Secretary of State, upon receiving a draft
ballot title from the Attorney General under ORS 250.065 or
250.075, shall provide reasonable statewide notice of having
received the draft ballot title and of the public's right to
submit written comments as provided in this section. Written
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comments concerning a draft ballot title { - shall - }
{ + may + } be submitted to the Secretary of State not later
than the 10th business day after the Secretary of State receives
the draft title from the Attorney General. On the next business
day after the deadline for submitting comments to the Secretary
of State, the secretary shall send a copy of all written comments
to the Attorney General. The secretary shall maintain a record of
written comments received.
(2) The Attorney General shall consider any written comments
submitted under subsection (1) of this section and shall certify
to the Secretary of State either the draft ballot title or a
revised ballot title not later than the 10th business day after
receiving the comments from the Secretary of State. If no written
comments are submitted to the Secretary of State, the Attorney
General shall certify the draft ballot title not later than the
20th business day after the Secretary of State receives the draft
title from the Attorney General. The Secretary of State shall
furnish the chief petitioner with a copy of the ballot title.
(3) Unless the Supreme Court certifies a different ballot
title, the ballot title provided by the Attorney General under
subsection (2) of this section shall be the title printed in the
voters' pamphlet and on the ballot.
(4) If a petition { - for review of a ballot title - } is
filed with the Supreme Court as provided in ORS 250.085, the
Secretary of State shall file with the Supreme Court a copy of
the written comments received as part of the record on review of
the ballot title.
(5) The Secretary of State by rule shall specify the means for
providing reasonable statewide notice for submitting comments on
a draft ballot title.
SECTION 11. ORS 250.105 is amended to read:
250.105. (1) { + (a) + } An initiative or referendum petition
relating to a state measure { - shall - } { + must + } be
filed with the Secretary of State for the purpose of verifying
whether the petition contains the required number of signatures
of electors.
{ + (b) Signatures on a prospective petition for a state
measure to be initiated shall be considered under this section
for the purpose of verifying whether the initiative petition
contains the required number of signatures of electors.
(c) When filing an initiative or referendum petition, the chief
petitioner shall sort the signature sheets on the basis of the
name of the person who obtained the signatures on the sheet.
(d) The secretary shall adopt rules establishing procedures for
verifying signatures on an initiative or referendum petition.
(e) + } The filed { + initiative or referendum + } petition
{ - shall - } { + must + } contain only original signatures.
{ + The secretary or county clerk shall verify + } each petition
{ - shall be verified - } in the order in which the petitions
are filed with the secretary.
(2) { + The secretary may not accept + } an initiative or
referendum petition relating to a state measure { - shall not
be accepted - } for filing if { - it - } { + the
petition + } contains less than 100 percent of the required
number of signatures.
(3) If an initiative or referendum petition is submitted not
less than 165 days before the election at which the proposed
measure is to be voted upon and if the secretary { - of
State - } determines that insufficient signatures have been
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submitted but the deadline for filing the petition has not
passed, the petitioners may submit additional signatures.
(4) The secretary { - of State - } by rule shall designate a
statistical sampling technique to verify whether a petition
contains the required number of signatures of electors. A
petition
{ - shall - } { + may + } not be rejected for the reason that
it contains less than the required number of signatures unless
two separate sampling processes both establish that the petition
lacks the required number of signatures. The second sampling must
contain a larger number of signatures than the first sampling. If
two samplings are required under this subsection, the total
number of signatures verified on the petition shall be not less
than five percent of the total number of signatures on the
petition.
(5) For purposes of estimating the number of duplicate
signatures contained in a petition, the secretary { - of
State - } shall apply at least an eight percent duplication rate
in the first sampling of signatures on all petitions. If a second
sampling of signatures is required under subsection (4) of this
section, the secretary shall calculate an estimated signature
duplication rate for each petition for which a second sampling is
required. { - For purposes of calculating an estimated
signature duplication rate for each petition for which a second
sampling is required, the county clerks shall report to the
secretary - } { + The calculation shall be based on + } the
number of electors { - determined to - } { + the secretary
determines + }have signed a specific petition more than once.
(6) When verifying signatures for a state initiative or
referendum petition, the { + secretary or + } county clerk shall
identify on an elector's voter registration record or other
database that the elector signed the specific initiative or
referendum petition.
(7) The Secretary of State may employ professional assistance
to determine the sampling technique to be designated under
subsection (4) of this section.
SECTION 12. ORS 260.057 is amended to read:
260.057. (1) The Secretary of State by rule shall adopt an
electronic filing system to be used by { + :
(a) + } All candidates and political committees to file with
the secretary statements of contributions received and
expenditures made by the candidates and political committees, as
described in ORS 260.083 { + ; and
(b) Treasurers appointed by the chief petitioners of
initiative, referendum or recall petitions under ORS 260.118 to
file with the secretary statements of contributions received and
expenditures made by the treasurers and chief petitioners + }.
(2)(a) A candidate for nomination or election at any primary or
general election or a political committee supporting or opposing
a candidate or measure at any primary or general election shall
file a statement described in subsection (1) of this section not
later than seven calendar days after a contribution is received
or an expenditure is made. This paragraph applies to
contributions received and expenditures made during the period
beginning on the 42nd calendar day before the date of any primary
election and ending on the date of the primary election and the
period beginning on the 42nd calendar day before the date of any
general election and ending on the date of the general election.
(b) For any special election, the secretary by rule may
establish a period during which a candidate for nomination or
Enrolled House Bill 2082 (HB 2082-B) Page 9
election at the special election or a political committee
supporting or opposing a candidate or measure at the special
election must file a statement described in subsection (1) of
this section not later than seven calendar days after a
contribution is received or an expenditure is made.
(3) Except as provided in subsection (4) of this section,
during a period not described in subsection (2) of this section,
a candidate or political committee shall file a statement
described in subsection (1) of this section not later than 30
calendar days after a contribution is received or an expenditure
is made.
(4)(a) If a candidate for nomination or election at any primary
election or a political committee supporting or opposing a
candidate or measure at any primary election receives a
contribution or makes an expenditure prior to the 42nd calendar
day before the date of the primary election and the candidate or
political committee has not filed a statement of the contribution
or expenditure under subsection (3) of this section by the 43rd
calendar day before the date of the primary election, the
candidate or political committee shall file a statement described
in subsection (1) of this section not later than the 35th
calendar day before the date of the primary election.
(b) If a candidate for nomination or election at any general
election or a political committee supporting or opposing a
candidate or measure at any general election receives a
contribution or makes an expenditure prior to the 42nd calendar
day before the date of the general election and the candidate or
political committee has not filed a statement of the contribution
or expenditure under subsection (3) of this section by the 43rd
calendar day before the date of the general election, the
candidate or political committee shall file a statement described
in subsection (1) of this section not later than the 35th
calendar day before the date of the general election.
(5) The electronic filing system shall be provided free of
charge by the secretary and:
(a) Accept electronic files that conform to the format
prescribed by the secretary by rule; or
(b) Be compatible with any other electronic filing application
provided or approved by the secretary.
(6) { + (a) Except as provided in paragraph (b) of this
subsection, + } the secretary shall make all data filed
electronically under this section and all information filed with
the secretary under ORS 260.044, 260.045, 260.049, 260.085,
260.102 or 260.118 available on the Internet to the public free
of charge according to a schedule adopted by the secretary by
rule. The secretary shall make the data available in a searchable
database that is easily accessible by the public.
{ + (b) The secretary may not make data that are filed
electronically under this section or ORS 260.118 available to the
public under this section, unless the data are required to be
listed under ORS 260.083. The secretary may not disclose under
ORS 192.410 to 192.505 any data that are filed electronically
under this section or ORS 260.118, unless the data are required
to be listed under ORS 260.083. + }
(7) Each statement required by this section shall be signed and
certified as true by the candidate or treasurer required to file
it. Signatures shall be supplied in the manner specified by the
secretary by rule.
(8) Subsections (1) to (7) of this section do not apply to:
(a) Candidates for federal office;
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(b) Candidates who are not required to file a statement of
organization under ORS 260.043; or
(c) Candidates or political committees who file certificates
under ORS 260.112.
SECTION 13. ORS 260.118, as amended by section 37, chapter 809,
Oregon Laws 2005, is amended to read:
260.118. (1) { - As provided in subsection (2) of this
section, The chief petitioners of a statewide initiative or
referendum petition or any recall petition shall: - }
{ - (a) appoint a treasurer and certify the name and address
of the treasurer to the filing officer. - } { + The chief
petitioners of an initiative, referendum or recall petition shall
appoint a treasurer. + } The treasurer shall be an elector of
this state. Contributions shall be received and expenditures
made by or through the treasurer.
{ - (b) - } { + (2) The treasurer or a chief petitioner
shall + } file a statement of organization with the appropriate
filing officer. { + The treasurer or a chief petitioner shall
file the statement not later than the third business day after
the chief petitioners receive a contribution or make an
expenditure relating to the initiative, referendum or recall
petition. + } The statement shall include:
{ - (A) - } { + (a) + } The name and address of the chief
petitioners.
{ - (B) - } { + (b) + } The name and address of the
treasurer appointed under { - paragraph (a) of this - }
subsection { + (1) of this section + }.
{ - (C) - } { + (c) + } A designation of the
{ - statewide - } initiative { + , + } { - or - } referendum
{ - petition - } or { - the - } recall petition. The
designation of the recall petition shall include the name of the
officer whose recall is demanded.
{ - (2) The chief petitioners shall certify the name of the
treasurer and file the statement of organization not later than
the third business day after the chief petitioners receive a
contribution or make an expenditure relating to the statewide
initiative or referendum petition. - }
(3) { - Any - } { + If there is a + } change in the
information submitted in a statement of organization under
subsection { - (1) - } { + (2) + } of this section { + , the
treasurer or a chief petitioner + }shall { - be indicated
in - } { + file + } an amended { - certification or an
amended - } statement of organization { - filed - } not later
than the 10th day after the change in information.
{ - (4) For each statewide initiative petition, the treasurer
appointed under subsection (1) of this section shall file with
the Secretary of State a statement described in subsection (7) of
this section for each period described in this subsection. A
statement shall be filed under this subsection beginning with the
period during which the aggregate amount of contributions
received or expenditures made exceeds $2,000. The following
statements shall be filed: - }
{ - (a) A statement of contributions received and
expenditures made filed not later than September 10 of an
odd-numbered year. The accounting period for the statement
required under this paragraph begins on the date the treasurer is
appointed under subsection (1) of this section and ends on
September 1. - }
{ - (b) A statement of contributions received and
expenditures made filed not later than February 6 of an
Enrolled House Bill 2082 (HB 2082-B) Page 11
even-numbered year. The accounting period for the statement
required under this paragraph begins on the date the treasurer is
appointed under subsection (1) of this section or on the day
following the last day of the accounting period for the previous
statement filed and ends on January 28. - }
{ - (c) A statement of contributions received and
expenditures made filed not later than the 12th day before the
date of the primary election. The accounting period for the
statement required under this paragraph begins on the date the
treasurer is appointed under subsection (1) of this section or on
the day following the last day of the accounting period for the
previous statement filed and ends on the 16th day before the date
of the primary election. - }
{ - (5) Not later than the 15th day after the last day for
filing a statewide initiative or referendum petition or any
recall petition with the filing officer for verification of
signatures, the treasurer appointed under subsection (1) of this
section shall file with the filing officer a statement described
in subsection (7) of this section. The statement required under
this subsection shall be filed whether or not the petition was
completed or filed or was withdrawn under ORS 250.029. - }
{ + (4) The treasurer of an initiative, referendum or recall
petition shall use the electronic filing system adopted under ORS
260.057 to file with the Secretary of State statements of
contributions received and expenditures made by the treasurer, as
described in ORS 260.083.
(5) The treasurer of an initiative petition shall file a
statement described in subsection (4) of this section not later
than seven calendar days after a contribution is received or an
expenditure is made. This subsection applies to contributions
received and expenditures made:
(a) During the period beginning on the 42nd calendar day before
the date that is four months before a general election and ending
on the date that is four months before a general election; and
(b) During the period beginning on the 42nd calendar day before
the date of any primary election and ending on the date of the
primary election and the period beginning on the 42nd calendar
day before the date of any general election and ending on the
date of the general election.
(6) The treasurer of a referendum petition or a recall petition
shall file a statement described in subsection (4) of this
section not later than seven calendar days after a contribution
is received or an expenditure is made. This subsection applies:
(a) For a referendum petition, to contributions received and
expenditures made during the period beginning on the date the
treasurer is appointed under subsection (1) of this section and
ending on the deadline for submitting signatures for
verification; and
(b) For a recall petition, to contributions received and
expenditures made during the period beginning on the day after
the date on which the statement of contributions received and
expenditures made that is required under ORS 249.865 is filed and
ending on the deadline for submitting signatures for
verification.
(7) Except as provided in subsection (8) of this section,
during a period not described in subsection (5) or (6) of this
section, a treasurer of an initiative, referendum or recall
petition shall file a statement described in subsection (4) of
this section not later than 30 calendar days after a contribution
is received or an expenditure is made.
Enrolled House Bill 2082 (HB 2082-B) Page 12
(8) If a treasurer of an initiative petition receives a
contribution or makes an expenditure prior to the 42nd calendar
day before the date that is four months before a general
election, or the 42nd day before the date of the primary election
or general election, and the treasurer has not filed a statement
of the contribution or expenditure under subsection (4) of this
section by the 43rd calendar day before the date that is four
months before a general election, or the 43rd day before the date
of the primary election or general election, the treasurer shall
file a statement described in subsection (4) of this section not
later than the 35th calendar day before the date that is four
months before a general election, or the 35th day before the date
of the primary election or general election.
(9) For an initiative petition, the accounting period for the
first statement filed under this section begins on the date the
treasurer is appointed under subsection (1) of this section. + }
{ - (6) Not later than the 15th day after the date an
initiative or referendum petition that is not statewide is filed
with the filing officer for verification of signatures, the chief
petitioners of the initiative or referendum petition shall file
with the filing officer a statement described in subsection (7)
of this section. - }
{ - (7) The statement referred to in subsections (4) to (6)
of this section shall include the following information: - }
{ - (a) The name and address of the chief petitioner. - }
{ - (b) A designation of the initiative, referendum or recall
petition. The designation of any recall petition shall include
the name of the officer whose recall is demanded. - }
{ - (c) A statement conforming to ORS 260.083 of
contributions received and expenditures made. - }
{ - (8)(a) For a statewide initiative petition, the
accounting period for the statement required by subsection (5) of
this section begins on the 15th day before the date of the
primary election and ends on the deadline for submitting
signatures for verification. - }
{ - (b) For a statewide referendum petition, the accounting
period for the statement required by subsection (5) of this
section begins on the date that the name of the treasurer is
certified to the filing officer under this section. The
accounting period ends on the deadline for submitting signatures
for verification. - }
{ - (c) For a recall petition, the accounting period for the
statement required by subsection (5) of this section begins on
the day after the date on which the statement of contributions
received and expenditures made required under ORS 249.865 is
filed. The accounting period ends on the deadline for submitting
signatures for verification. - }
{ - (d) For an initiative or referendum petition that is not
statewide, the accounting period for the statement required by
subsection (6) of this section begins on the date the prospective
petition is filed and ends on the date that signatures are
submitted for verification. - }
{ - (9)(a) If a statement filed under subsection (5) of this
section for a statewide initiative or referendum petition or any
recall petition that did not qualify for the ballot shows an
unexpended balance of contributions or an expenditure deficit,
and the chief petitioner's committee does not intend to support
or oppose a measure that is on the subsequent general election
ballot, a supplemental statement shall be filed annually not
later than September 10. - }
Enrolled House Bill 2082 (HB 2082-B) Page 13
{ - (b) If a statement filed under this section for a
statewide initiative or referendum petition or any recall
petition that did not qualify for the ballot shows an unexpended
balance of contributions or an expenditure deficit, and the chief
petitioner's committee intends to support or oppose a measure
that is on the subsequent general election ballot, the treasurer
appointed under subsection (1) of this section need not file a
supplemental statement in that year, but shall file the
statements required under ORS 260.057. - }
{ - (c) The accounting period for the supplemental statement
required by this subsection begins on the day following the last
day of the accounting period for the previous statement filed and
ends on September 1. - }
(10) Each statement required under { - subsections (4) to (6)
of - } this section shall be signed and certified as true by
{ - the - } { + a + } chief petitioner or { + by the + }
treasurer { - required to file it - } . { + Signatures shall
be supplied in the manner specified by the secretary by rule. + }
(11) As used in this section, 'contribution' and ' expenditure'
include a contribution or expenditure to or on behalf of an
initiative, referendum or recall petition.
SECTION 14. ORS 260.045, as amended by section 29a, chapter
809, Oregon Laws 2005, is amended to read:
260.045. (1) If a candidate or treasurer receives a
contribution of more than $100 from a political committee not in
this state, the candidate or treasurer shall file the following
if required under subsection (2) of this section:
(a) A written statement of the name, occupation and address of
each person, or the name, address and primary nature of each
political committee, who contributed more than $100 of the
contribution. The statement shall be certified as true by an
officer of the contributing political committee. As used in this
paragraph, 'address' includes street number and name, rural route
number or post-office box, and city and state; or
(b) An affidavit that to the best of the candidate's or
treasurer's knowledge and belief the contributing political
committee will not make contributions to candidates and
treasurers in this state that exceed two-thirds, in total amount,
of all contributions made by it in this state and elsewhere
during the calendar year { - or the period described in ORS
260.118 (4) or (8) - } for which the statement is filed. The
affidavit shall be filed at the same time the statement is filed
regarding the contribution.
(2) The statement or affidavit described in subsection (1) of
this section shall be filed if:
(a) Requested by the Secretary of State; or
(b) The Secretary of State receives a request for the filing
from any person made not later than six months after the deadline
for filing a statement under ORS 260.057 or 260.118 { - (4) or
(8) - } , if a candidate or treasurer files a statement reporting
a contribution received from a political committee not in this
state.
(3) If requested under subsection (2) of this section, the
statement or affidavit described in subsection (1) of this
section shall be filed not later than 10 business days after a
candidate or treasurer receives a request from the Secretary of
State.
SECTION 15. ORS 260.215, as amended by section 39a, chapter
809, Oregon Laws 2005, is amended to read:
Enrolled House Bill 2082 (HB 2082-B) Page 14
260.215. (1) For statements filed during each calendar year,
each filing officer shall examine each statement filed with the
filing officer under ORS 260.044 (1), 260.057, 260.083,
260.102 { + , + }
{ - or - } 260.112 { + or 260.118 (4) + } to determine
whether the statement is sufficient. The filing officer shall
examine statements under this section not later than 90 days
after the end of each calendar quarter for statements filed
during the previous calendar quarter.
{ - (2) Not later than the third month after the date a
statement is filed under ORS 260.118, the filing officer shall
examine the statement to determine whether the statement is
sufficient. - }
{ - (3) - } { + (2) + } The filing officer { - under
subsections (1) and (2) of this section - } may require any
person to answer in writing and upon oath or affirmation before a
judge, justice of the peace, county clerk or notary public any
question within the knowledge of that person concerning the
source of any contribution. The filing officer shall advise the
person of the penalty for failure to answer.
{ - (4)(a) - } { + (3)(a) + } For statements filed during
each calendar year, in addition to the requirements of ORS
260.205 and this section, the Secretary of State shall review
statements filed with the secretary under ORS 260.057 by the
principal campaign committees of all candidates for nomination or
election to state office. For each review, the secretary shall
require a candidate or treasurer of a political committee to
provide documentation of not more than eight transactions.
(b) The secretary shall review statements under this subsection
on a quarterly basis.
(c) As used in this subsection, 'state office' does not include
the office of judge or district attorney.
SECTION 16. ORS 250.165 is amended to read:
250.165. (1) Before circulating a petition to initiate or refer
a county measure, the petitioner shall file with the county clerk
a prospective petition. The county clerk immediately shall date
and time stamp the prospective petition, and specify the form on
which the petition shall be printed for circulation. The clerk
shall retain the prospective petition.
(2) 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 250.175 (1). If the circuit court has not
reviewed the ballot title under ORS 250.195, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.175 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
(3) 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:
Enrolled House Bill 2082 (HB 2082-B) Page 15
(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.
(4)(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 number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the county governing body.
(b) Each sheet of signatures on an initiative or referendum
petition shall, 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. '
(5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(6) 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 that { - the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the county - } { + the circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector registered in the
county + }.
(7) If the gathering of signatures exceeds the period of one
year from the time the petition is approved for circulation, any
of the chief petitioners, on or before each anniversary of
approval of the petition for circulation, shall file with the
county clerk a statement that the initiative petition is still
active.
(8) Not later than 30 days before the date that the chief
petitioners must file a statement under subsection (7) of this
section, the county clerk shall notify the chief petitioners in
writing of the requirements of subsection (7) of this section.
The notice shall be sent by certified mail, return receipt
requested.
(9) A county clerk may not accept for filing any petition which
has not met the provisions of subsection (7) of this section.
(10) 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 17. ORS 250.265 is amended to read:
250.265. (1) Before circulating a petition to initiate or refer
a city measure, the petitioner shall file with the city elections
officer a prospective petition. The officer immediately shall
date and time stamp the prospective petition, and specify the
form on which the petition shall be printed for circulation. The
officer shall retain the prospective petition.
(2) 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 250.275 (1). If the circuit court has not
Enrolled House Bill 2082 (HB 2082-B) Page 16
reviewed the ballot title under ORS 250.296, the cover of an
initiative petition shall contain the ballot title described in
ORS 250.275 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
(3) 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.
(4)(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 number of the
ordinance or resolution to be referred, if any, and the date it
was adopted by the city governing body.
(b) Each sheet of signatures on an initiative or referendum
petition shall, 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. '
(5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(6) 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 that { - the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the city - } { + the circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector registered in the
city + }.
(7) If the gathering of signatures exceeds the period of one
year from the time the petition is approved for circulation, any
of the chief petitioners, on or before the anniversary of
approval of the petition for circulation:
(a) Shall file annually, with the city elections officer, a
statement that the initiative petition is still active; and
(b) May submit to the city elections officer for verification
any signatures gathered on the petition in the preceding year.
(8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under
subsection (7) of this section, the city elections officer shall
notify the chief petitioners in writing of the requirements of
subsection (7) of this section. The notice shall be sent by
certified mail, return receipt requested.
(9) A city elections officer shall not accept for filing any
petition which has not met the provisions of subsection (7) of
this section.
(10) The person obtaining signatures on the petition shall
carry at least one full and correct copy of the measure to be
Enrolled House Bill 2082 (HB 2082-B) Page 17
initiated or referred and shall allow any person to review a copy
upon request of the person.
SECTION 18. ORS 255.135 is amended to read:
255.135. (1) Before circulating a petition to initiate or refer
a district measure, the petitioner shall file with the elections
officer a prospective petition. The elections officer immediately
shall date and time stamp the prospective petition, and specify
the form on which the petition shall be printed for circulation.
The officer shall retain the prospective petition.
(2) 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 255.145 (1). If the circuit court has not
reviewed the ballot title under ORS 255.155, the cover of an
initiative petition shall contain the ballot title described in
ORS 255.145 (3). If the circuit court has reviewed the ballot
title, the cover of the initiative petition shall contain the
title certified by the court.
(3) 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.
(4)(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 number of the
ordinance to be referred and the date it was adopted by the
district board.
(b) Each sheet of signatures on an initiative or referendum
petition shall, 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. '
(5) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
(6) 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 that { - the
individuals signed the sheet in the presence of the circulator
and that the circulator believes each individual is an elector
registered in the district - } { + the circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector registered in the
district + }.
(7) If the gathering of signatures exceeds the period of one
year from the time the petition is approved for circulation, any
Enrolled House Bill 2082 (HB 2082-B) Page 18
of the chief petitioners, on or before the anniversary of
approval of the petition for circulation:
(a) Shall file annually with the elections officer a statement
that the initiative petition is still active; and
(b) May submit to the elections officer for verification any
signatures gathered on the petition in the preceding year.
(8) Not later than 30 days before the date that the chief
petitioners must file a statement and submit signatures under
subsection (7) of this section, the elections officer shall
notify the chief petitioners in writing of the requirements of
subsection (7) of this section. The notice shall be sent by
certified mail, return receipt requested.
(9) The elections officer shall not accept for filing any
petition which has not met the provisions of subsection (7) of
this section.
(10) 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 19. ORS 198.430 is amended to read:
198.430. (1) { + Before circulating + } a petition for recall
of a district officer of a district other than a district defined
in ORS 255.012 { + , the petitioner shall file the petition + }
{ - shall be filed - } with the officer with whom a petition
for nomination to such office should be filed. Except as provided
in this subsection, if there is no such officer or if the officer
is the district officer against whom the petition is being filed,
the petition shall be filed with the county clerk of the county
in which the administrative office of the district is located. In
the case of an irrigation district organized under ORS chapter
545, if there is no such officer or if the officer is the
district officer against whom the petition is being filed, the
petition shall be filed with the board of directors of the
irrigation district.
(2) The petition shall be signed by a number of persons who are
qualified to vote in the district, that is equal to but not less
than the lesser of:
(a) Fifteen percent of the persons who are qualified to vote in
the district, or subdivision of the district from which the
district officer was elected; or
(b) Fifteen percent of the total votes cast in the electoral
district for all candidates for Governor at the most recent
election at which a candidate for Governor was elected to a full
term.
(3) The { - person circulating the signature sheet - }
{ + circulator of the signature sheet + } shall certify on each
sheet that { - every person who signed the sheet did so in the
presence of the person circulating the sheet and that the person
circulating the sheet believes that each signer stated the
correct residence address of the signer and is a person qualified
to vote in the district - } { + the circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual stated the correct residence
address of the individual and is an individual qualified to vote
in the district + }.
(4) In those districts where a person qualified to vote must be
an elector, the petition, before filing, shall be submitted to
the county clerk who shall compare the signatures of the persons
signing the petition with the signatures of electors on the
Enrolled House Bill 2082 (HB 2082-B) Page 19
register of electors and, on the face of each signature sheet,
shall make a certificate of the number of signatures the county
clerk believes to be genuine. In other districts, the officer who
receives the petition for filing, before filing the petition,
shall verify the signatures and make a certificate of the number
of signatures the officer believes to be genuine.
(5) The district shall pay the expense of verifying the
signatures and of calling and conducting the election. The
election shall be conducted in the district, or in the
subdivision of the district from which the district officer was
elected, in accordance with the law governing election of
district officers.
(6) A person who is qualified to vote in a district under this
section is a person who is qualified, under the law applicable to
the district, to vote in an election at which members of the
governing body of the district are elected.
(7) A recall petition is void unless the petition is filed not
later than the 100th day after the date of the first signature on
the petition. Not later than the 90th day after the date of the
first signature, the petition shall be submitted for signature
verification to the county clerk or other officer described in
subsection (4) of this section who shall make the certificate of
the number of genuine signatures not later than the 10th day
after the date of submission. The petition must contain only
original signatures. A recall petition shall not be accepted for
signature verification if the petition contains less than 100
percent of the required number of signatures. A recall petition
shall not be accepted for filing until 100 percent of the
required number of signatures have been verified.
SECTION 20. ORS 198.750 is amended to read:
198.750. (1) If a proposal for formation or change of
organization of a district is made by petition, the petition
shall:
(a) State that the petition is filed pursuant to ORS 198.705 to
198.955.
(b) State the names of all affected districts and all affected
counties.
(c) Designate the principal Act of each affected district.
(d) State the nature of the proposal, whether formation of a
district or change of organization and the kind of change
proposed.
(e) State whether the territory subject to the petition is
inhabited or uninhabited.
(f) If the petition is for formation, and district board
members are elected, state the number of members on the board.
(g) If the petition is for formation, include a proposed
permanent rate limit for operating taxes sufficient to support
the services and functions described in the economic feasibility
statement required by ORS 198.749. A tax rate limit need not be
included in the petition if no tax revenues are necessary to
support the services and functions described in the economic
feasibility statement. The tax rate limit shall be expressed in
dollars per thousand dollars of assessed value. The tax rate
limit shall be calculated for the latest tax year for which the
assessed value of the proposed district is available.
(h) Set forth any proposed terms and conditions, if any, to
which a proposed formation or change of organization is to be
subject.
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(i) State, or indicate opposite each signature, whether the
signers of the petition are landowners within the district or
electors registered in the district, or both.
(j) Request that proceedings be taken for the formation or
change of organization proposed.
(2) If the petition proposes formation of a district, the
petition shall set forth a description of the boundaries of the
territory proposed to be included in the district. If the
petition proposes annexation or withdrawal of territory, the
petition shall set forth a description of the boundaries of the
territory to be annexed or withdrawn.
(3) If a petition proposes formation of a district, or
consolidation or merger of districts, the petition may propose a
name for the new district or for the surviving or successor
district.
(4) The { - person circulating the petition - }
{ + circulator of the petition + } shall certify on each
signature sheet of the petition that { - every person who
signed the petition did so in the presence of the person
circulating the petition - } { + the circulator witnessed the
signing of the signature sheet by each individual whose signature
appears on the signature sheet + }.
SECTION 21. ORS 221.031 is amended to read:
221.031. (1) Before circulating a petition to incorporate
unincorporated territory as a city, the petitioners shall file
with the county clerk of the county in which the proposed city
lies or, should it lie in more than one county, to the county
clerk of the county in which the largest part of its territory
lies, a petition for incorporation in a form prescribed by rule
of the Secretary of State. If the economic feasibility statement
required by ORS 221.035 is submitted with the petition, the
county clerk shall immediately date and time stamp the
prospective petition and shall authorize the circulation of the
petition. The county clerk shall retain the prospective petition
and economic feasibility statement and shall immediately send two
copies of the prospective petition to the appropriate county
court.
(2) A petition for incorporation filed with the county clerk
under subsection (1) of this section shall designate the name and
residence address of not more than three persons as chief
petitioners, who shall be electors registered within the
boundaries of the proposed city. The petition shall contain the
name of the proposed city. The petition shall also include a
proposed permanent rate limit for operating taxes that would
generate operating tax revenues sufficient to support an adequate
level of municipal services. The tax rate limit shall be
expressed in dollars per thousand dollars of assessed value. The
tax rate limit shall be calculated for the latest tax year for
which the assessed value of the proposed city is available. There
shall be attached to the cover sheet of the petition a map
indicating the exterior boundaries of the proposed city. The map
shall not exceed 14 inches by 17 inches in size and shall be used
in lieu of a metes and bounds or legal description of the
proposed city. If the territory proposed to be incorporated is
within the jurisdiction of a local government boundary
commission, the petition shall be accompanied by the economic
feasibility analysis required under ORS 199.476 (1).
Notwithstanding subsection (1) of this section, unless the
economic feasibility analysis is approved by the local government
Enrolled House Bill 2082 (HB 2082-B) Page 21
boundary commission as provided in ORS 199.522, the county clerk
shall not authorize the circulation of the petition.
(3) Each sheet of signatures shall be attached to a full and
correct copy of the petition for incorporation. Not more than 20
signatures on each sheet of the petition for incorporation shall
be counted. The circulator shall certify on each signature sheet
that { - the individuals signed the sheet in the presence
of - } the circulator { + witnessed the signing of the
signature sheet by each individual whose signature appears on the
signature sheet + }and that the circulator believes each
individual is an elector registered in the county. If the
territory proposed to be incorporated is within the jurisdiction
of a local government boundary commission, each signature sheet
shall contain a statement that the economic feasibility analysis
for the proposed city was approved by the boundary commission,
that the analysis is available for inspection at the offices of
the boundary commission and that subsequent to the gathering of
the petitions the boundary commission must review and finally
approve the proposal prior to submission at an election.
SECTION 22. ORS 248.008 is amended to read:
248.008. (1) An affiliation of electors becomes a minor
political party in the state, a county or other electoral
district, qualified to make nominations for public office in that
electoral district and in any other electoral district wholly
contained within the electoral district, when either of the
following events occurs:
(a) When the affiliation of electors has filed with the
Secretary of State a petition with the signatures of at least a
number of electors equal to one and one-half percent of the total
votes cast in the electoral district for all candidates for
Governor at the most recent election at which a candidate for
Governor was elected to a full term. The petition also shall
state the intention to form a new political party and give the
designation of it. The filed petition shall contain only original
signatures. The petition shall be filed not later than two years
following the date the prospective petition is filed. The
circulator shall certify on each signature sheet that { - the
individuals signed the sheet in the presence of - } the
circulator { + witnessed the signing of the signature sheet by
each individual whose signature appears on the signature
sheet + } and that the circulator believes each individual is an
elector registered in the electoral district. The Secretary of
State shall verify whether the petition contains the required
number of signatures of electors. The petition shall not be
accepted for filing if it contains less than 100 percent of the
required number of signatures. The Secretary of State by rule
shall designate a statistical sampling technique to verify
whether a petition contains the required number of signatures of
electors. A petition shall not be rejected for the reason that it
contains less than the required number of signatures unless two
separate sampling processes both establish that the petition
lacks the required number of signatures. The second sampling must
contain a larger number of signatures than the first sampling.
The Secretary of State may employ professional assistance to
determine the sampling technique. The statistical sampling
technique may be the same as that adopted under ORS 250.105.
Before circulating the petition, the chief sponsor of the
petition shall file with the Secretary of State a signed copy of
the prospective petition. The chief sponsor shall include with
the prospective petition a statement declaring whether one or
Enrolled House Bill 2082 (HB 2082-B) Page 22
more persons will be paid money or other valuable consideration
for obtaining signatures of electors on the petition. After the
prospective petition is filed, the chief sponsor shall notify the
filing officer not later than the 10th day after the chief
sponsor 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.
(b) When the affiliation of electors has polled for any one of
its candidates for any public office in the electoral district at
least one percent of the total votes cast in the electoral
district for all candidates for:
(A) Presidential elector at the last general election at which
candidates for President and Vice President of the United States
were listed on the ballot; or
(B) Any single state office to be voted upon in the state at
large for which nominations by political parties are permitted by
law at the most recent election at which a candidate for the
office was elected to a full term.
(2) After satisfying either requirement of subsection (1) of
this section, the minor political party may nominate candidates
at the next general election if at any time during the period
beginning on the date of the next primary election and ending on
the 90th day before the next general election, a number of
electors equal to at least one-tenth of one percent of the total
votes cast in the state or electoral district for all candidates
for Governor at the most recent election at which a candidate for
Governor was elected to a full term are registered as members of
the party.
(3) A filing officer shall not accept a certificate of
nomination of a candidate nominated by a minor political party
unless the minor political party has satisfied the registration
requirement of subsection (2) of this section.
(4) After a minor political party qualifies to nominate
candidates, in order to maintain status as a minor political
party:
(a) A candidate or candidates of the party must poll a number
of votes described in subsection (1)(b) of this section at each
subsequent general election and following each general election,
the registration requirement of subsection (2) of this section
must be satisfied; or
(b) Following each general election, at any time during the
period beginning on the date of the next primary election and
ending on the 90th day before the next general election, a number
of electors equal to at least one-half of one percent of the
total number of registered electors in this state must be
registered as members of the party.
(5) An affiliation of electors ceases to be a minor political
party in the state or electoral district if:
(a) The registration requirement of subsection (2) or (4)(b) of
this section is not satisfied. The affiliation of electors ceases
to be a minor political party on the date of the deadline for
satisfying the registration requirement; or
(b) Except as provided in subsection (4)(b) of this section, in
the case of a minor political party qualified to nominate
candidates, a candidate or candidates of the minor political
party do not satisfy the one percent requirement specified in
Enrolled House Bill 2082 (HB 2082-B) Page 23
subsection (1)(b) of this section at the next general election.
The affiliation of electors ceases to be a minor political party
on the date of the election.
(6) During the period beginning on the date of the primary
election and ending on the 90th day before the date of the
general election, the Secretary of State shall determine not less
than once each month whether the registration requirement of
subsection (2) or (4)(b) of this section has been satisfied. If
the party changes its name, only those electors who register on
or after the effective date of the name change as members of the
party under the new party name shall be counted as members of the
party under this subsection.
(7) An affiliation of electors or a minor political party may
not satisfy the one percent requirement referred to in subsection
(1)(b) of this section by nominating a candidate who is the
nominee of another political party at the same election.
SECTION 23. ORS 249.061 is amended to read:
249.061. (1) { - No - } { + A + } petition for nomination
{ - shall - } { + may not + } contain the name of more than
one candidate.
(2) Before circulating a nominating petition, the candidate
shall deliver to the officer with whom the petition will be
filed, a copy of the prospective petition signed by the
candidate.
(3) The candidate shall include with the nominating petition a
statement declaring whether one or more persons will be paid
money or other valuable consideration for obtaining signatures of
electors on the nominating petition. After the nominating
petition is filed, the candidate shall notify the filing officer
not later than the 10th day after the candidate first has
knowledge or should have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the nominating petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the nominating petition declared that one
or more such persons would be paid.
(4) The circulator shall certify on each signature sheet that
{ - the individuals signed the sheet in the presence of the
circulator and that the circulator believes each individual is an
elector qualified to sign the petition - } { + the circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector qualified to sign
the petition + }.
SECTION 24. ORS 249.740 is amended to read:
249.740. (1) A certificate of nomination made by individual
electors shall contain a number of signatures of electors in the
electoral district equal to not less than one percent of the
total votes cast in the electoral district for which the
nomination is intended to be made, for all candidates for
presidential electors at the last general election.
(2) Each elector signing a certificate of nomination made by
individual electors shall include the residence or mailing
address of the elector. Except for a certificate of nomination of
candidates for electors of President and Vice President of the
United States, a certificate of nomination made by individual
electors shall contain the name of only one candidate.
(3) Before beginning to circulate the certificate of
nomination, the chief sponsor of the certificate shall file a
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signed copy of the prospective certificate with the filing
officer referred to in ORS 249.722. The chief sponsor of the
certificate shall include with the prospective certificate a
statement declaring whether one or more persons will be paid
money or other valuable consideration for obtaining signatures of
electors on the certificate. After the prospective certificate is
filed, the chief sponsor shall notify the filing officer not
later than the 10th day after the chief sponsor 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 certificate declared that
no such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective certificate declared that
one or more such persons would be paid.
(4) The circulator shall certify on each signature sheet that
{ - the individuals signed the sheet in the presence of the
circulator and that the circulator believes each individual is an
elector registered in the electoral district - } { + the
circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector registered in the
electoral district + }.
(5) The signatures contained in each certificate of nomination
made by individual electors shall be certified for genuineness by
the county clerk under ORS 249.008.
(6) As used in this section, 'prospective certificate ' means
the information, except signatures and other identification of
certificate signers, required to be contained in a completed
certificate of nomination.
SECTION 25. ORS 249.865 is amended to read:
249.865. (1) Pursuant to section 18, Article II of the Oregon
Constitution, an elector of the electoral district from which the
public officer is elected may file a petition demanding the
recall of the public officer. Before the petition is circulated
for signatures, the chief petitioner of the petition shall file
with the officer authorized to order the recall election:
(a) A copy of the prospective petition signed by the chief
petitioner;
(b) A statement of organization described in ORS 260.118; and
(c) A statement conforming to ORS 260.083 of contributions
received and expenditures made by or on behalf of the chief
petitioner and political committee the chief petitioner
represents, if any, to the date of filing the prospective
petition.
(2) The chief petitioner 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 recall petition. After the
prospective petition is filed, the chief petitioner shall notify
the filing officer not later than the 10th day after the chief
petitioner 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.
(3) Each sheet of the recall petition must contain:
Enrolled House Bill 2082 (HB 2082-B) Page 25
(a) The words 'Petition for recall of,' (name and title of
officer) and the date of the filing under subsection (1) of this
section; and
(b) The name and address of the treasurer listed on the
statement of organization filed under subsection (1) of this
section.
(4) Not more than 20 signatures on each sheet of the recall
petition shall be counted. The circulator shall certify on each
signature sheet that { - the individuals signed the sheet in
the presence of the circulator and that the circulator believes
each individual is an elector - } { + the circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector + }.
(5) Any intentional or willful violation of subsection (1) or
(2) of this section by a chief petitioner of the recall petition
or by the treasurer listed on the statement of organization filed
under subsection (1) of this section invalidates the prospective
petition before it is circulated for signatures.
SECTION 26. ORS 261.115 is amended to read:
261.115. (1) All electors' petitions shall contain a statement
as to whether or not the petitioners are desirous of forming a
utility district, or to annex territory to an existing utility
district, or to consolidate two or more existing utility
districts, the description of the territory sought to be included
therein and the name by which the utility district is to be
known. The statement shall be printed on a separate page or
pages.
(2) There shall be a signature sheet with sufficient space for
20 signatures, and opposite the name of each signer, a space for
the residence address of the signers of the petition and the
number of their voting precinct. The { - person circulating the
petition - } { + circulator + } shall certify on each signature
sheet that
{ - every person who signed the petition did so in the
circulator's presence and that the circulator believes that each
signer stated that signer's correct residence address and is an
elector - } { + the circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes that each individual stated the correct residence
address of the individual and that the individual is an
elector + }.
(3) An electors' petition shall designate three or more persons
as chief petitioners and shall set forth their names and mailing
addresses.
SECTION 27. ORS 545.025 is amended to read:
545.025. (1) When owners of land that is irrigated or
susceptible to irrigation desire to provide for the construction
of works for irrigation of their land, to provide for the
reconstruction, betterment, extension, purchase, operation or
maintenance of works already constructed, or to provide for the
assumption of indebtedness to the United States incurred under
the federal reclamation laws on account of their lands, they may
propose the organization of an irrigation district under the
Irrigation District Law by signing a petition and filing it with
the county court of the principal county, as defined in ORS
198.705. The petition must be signed by a majority of the owners
of land or 50 owners of land within the exterior boundaries of
the proposed district.
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(2) The petition shall set forth:
(a) A statement that the petition is filed for the formation of
an irrigation district under the Irrigation District Law;
(b) The name of the proposed district;
(c) A description of the exterior boundaries of the proposed
district. The description may be by metes and bounds, quarter
quarter section lines or assessor's map and tax lot numbers;
(d) A statement declaring whether the district board of
directors shall consist of three or five members and, if three
members, whether the district shall be subdivided for the
election of directors or whether directors shall be elected at
large; and
(e) A request that proceedings be taken for the formation of
the district.
(3) ORS 198.760, 198.765, 198.770 and 198.775 apply to
petitions for the formation of an irrigation district, except
that an economic feasibility statement is not required.
(4) { - Each person circulating the petition - } { + The
circulator + } shall certify on each signature sheet that
{ - every person who signed the petition did so in the presence
of the person circulating the petition - } { + the circulator
witnessed the signing of the signature sheet by each individual
whose signature appears on the signature sheet + }.
(5) A description and map of all of the lands that are included
within the proposed district and that will be subject to the
charges and assessments of the district, together with the names
and mailing addresses of all of the owners of the lands, shall be
included in the petition or attached to the petition as an
exhibit. Reference to the assessor's map and tax lot number is
sufficient for the description of lands required under this
subsection.
(6) When the petition for formation is filed with the county
court of the principal county, the county court shall set a date
for a hearing on the petition. The date set for the hearing shall
be not less than 30 days nor more than 50 days after the date on
which the petition is filed. The county court shall cause notice
of the hearing to be posted in at least three public places in
the county and published by two insertions in a newspaper. The
notice shall state:
(a) The purpose for which the district is to be formed.
(b) The name and boundaries of the proposed district.
(c) The time and place for the hearing on the petition.
(d) That all interested persons may appear and be heard.
(7) If the petition is signed by all of the owners of all of
the lands that are included within the proposed district and that
will be subject to the charges and assessments of the proposed
district, publication of the notice of the hearing on the
petition is not required. A petition signed by all of the owners
of all of the lands that are included within the proposed
district and that will be subject to the charges and assessments
of the proposed district may also contain the names of persons
desired as the members of the first board of directors of the
proposed district, the initial term of office of each director
and a written statement from each of those persons in which the
person agrees to serve as a director of the proposed district.
(8) If an elector is not a resident of the district or this
state, a legal representative of the owner of land, including an
individual acting pursuant to a power of attorney, may sign a
formation petition for and on behalf of the owner.
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SECTION 28. ORS 260.005, as amended by section 21, chapter 809,
Oregon Laws 2005, is amended to read:
260.005. As used in this chapter:
(1)(a) 'Candidate' means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual's
consent, for nomination or election to public office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made, and whether or
not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has
been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.159, '
candidate' does not include a candidate for the office of
precinct committeeperson.
(2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
The officers of a political party shall be considered the
directors of any political party committee of that party, unless
otherwise provided in the party's bylaws.
(3)(a) Except as provided in ORS 260.007, 'contribute' or '
contribution' includes:
(A) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of
money, services other than personal services for which no
compensation is asked or given, supplies, equipment or any other
thing of value:
(i) For the purpose of influencing an election for public
office or an election on a measure, or of reducing the debt of a
candidate for nomination or election to public office or the debt
of a political committee; or
(ii) To or on behalf of a candidate, political committee or
measure; and
(B) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
(b) Regarding a contribution made for compensation or
consideration of less than equivalent value, only the excess
value of it shall be considered a contribution.
(4)(a) 'Controlled committee' means a political committee that,
in connection with the making of contributions or expenditures:
(A) Is controlled directly or indirectly by a candidate or a
controlled committee; or
(B) Acts jointly with a candidate or controlled committee.
(b) For purposes of this subsection, a candidate controls a
political committee if:
(A) The candidate, the candidate's agent, a member of the
candidate's immediate family or any other political committee
that the candidate controls has a significant influence on the
actions or decisions of the political committee; or
Enrolled House Bill 2082 (HB 2082-B) Page 28
(B) The candidate's principal campaign committee and the
political committee both have the candidate or a member of the
candidate's immediate family as a treasurer or director.
(5) 'County clerk' means the county clerk or the county
official in charge of elections.
(6) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(7) Except as provided in ORS 260.007, 'expend' or '
expenditure' includes the payment or furnishing of money or
anything of value or the incurring or repayment of indebtedness
or obligation by or on behalf of a candidate, political committee
or person in consideration for any services, supplies, equipment
or other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
committee or measure, or for reducing the debt of a candidate for
nomination or election to public office. 'Expenditure' also
includes contributions made by a candidate or political committee
to or on behalf of any other candidate or political committee.
(8) 'Filing officer' means:
(a) The Secretary of State:
(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS
260.118 { - by the chief petitioners of a statewide initiative
or referendum petition or by the chief petitioners of a recall
petition relating to a person holding state office - } ;
(C) Regarding any measure; or
(D) Regarding any political committee.
{ - (b) The county clerk, regarding a statement required to
be filed under ORS 260.118 by: - }
{ - (A) The chief petitioners of a county initiative or
referendum petition; - }
{ - (B) The chief petitioners of a district initiative or
referendum petition where the district is situated wholly within
one county; or - }
{ - (C) The chief petitioners of a recall petition relating
to a county public office holder or a district public office
holder where the district is situated wholly within one
county. - }
{ - (c) The chief city elections officer, regarding a
statement required to be filed under ORS 260.118 by: - }
{ - (A) The chief petitioners of a city initiative or
referendum petition; or - }
{ - (B) The chief petitioners of a recall petition relating
to a city public office holder. - }
{ - (d) The county clerk of the county in which the office of
the chief administrative officer or administrative board is
located, when the district is situated in more than one county,
regarding a statement required to be filed under ORS 260.118
by: - }
{ - (A) The chief petitioners of a district initiative or
referendum petition; or - }
{ - (B) The chief petitioners of a recall petition relating
to a district public office holder. - }
{ - (e) - } { + (b) + } Notwithstanding { - paragraphs
(a) to (d) - } { + paragraph (a) + } of this subsection, in the
case of an irrigation district formed under ORS chapter 545:
(A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the
proposed district is situated wholly in one county;
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(B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located,
regarding any candidate for office or any measure at an
irrigation district formation election where the proposed
district is situated in more than one county; or
(C) The secretary of the irrigation district for any election
other than an irrigation district formation election.
(9) 'Independent expenditure' means an expenditure by a person
for a communication in support of or in opposition to a clearly
identified candidate or measure that is not made with the
cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate, or any political
committee or agent of a political committee supporting or
opposing a measure. For purposes of this subsection:
(a) A communication is 'in support of or in opposition to ' a
candidate or measure if:
(A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly
identified candidate for nomination or election to public office,
or the passage or defeat of a clearly identified measure;
(B) The communication, as a whole, seeks action rather than
simply conveying information; and
(C) It is clear what action the communication advocates.
(b) 'Agent' means any person who has:
(A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate or on behalf of a political committee
supporting or opposing a measure; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures.
(c) 'Clearly identified' means, with respect to candidates:
(A) The name of the candidate involved appears;
(B) A photograph or drawing of the candidate appears; or
(C) The identity of the candidate is apparent by unambiguous
reference.
(d) 'Clearly identified' means, with respect to measures:
(A) The ballot number of the measure appears;
(B) A description of the measure's subject or effect appears;
or
(C) The identity of the measure is apparent by unambiguous
reference.
(e) 'Made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a
candidate or any agent or authorized committee of the candidate,
or any political committee or agent of a political committee
supporting or opposing a measure':
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent, or by any political committee
or agent of a political committee supporting or opposing a
measure, prior to the publication, distribution, display or
broadcast of the communication. An expenditure shall be presumed
to be so made when it is:
(i) Based on information about the plans, projects or needs of
the candidate, or of the political committee supporting or
opposing a measure, and provided to the expending person by the
candidate or by the candidate's agent, or by any political
committee or agent of a political committee supporting or
Enrolled House Bill 2082 (HB 2082-B) Page 30
opposing a measure, with a view toward having an expenditure
made; or
(ii) Made by or through any person who is or has been
authorized to raise or expend funds, who is or has been an
officer of a political committee authorized by the candidate or
by a political committee or agent of a political committee
supporting or opposing a measure, or who is or has been receiving
any form of compensation or reimbursement from the candidate, the
candidate's principal campaign committee or agent or from any
political committee or agent of a political committee supporting
or opposing a measure; and
(B) Does not include providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures.
(10) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
(11) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
(12) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
(13) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(14) 'Occupation' means:
(a) The nature of an individual's principal business; and
(b) If the individual is employed by another person, the
business name and address, by city and state, of the employer.
(15) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
(16)(a) 'Political committee' means a combination of two or
more individuals, or a person other than an individual, that has:
(A) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
(B) Made an expenditure for the purpose of supporting or
opposing a candidate, measure or political party.
(b) For purposes of paragraph (a)(B) of this subsection, an
expenditure does not include:
(A) A contribution to a candidate or political committee that
is required to report the contribution on a statement filed under
ORS 260.057, 260.076 or 260.102 or a certificate filed under ORS
260.112; or
(B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044 (1).
(17) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors.
(18) 'Recall petition' means a petition to recall a public
officer for which a prospective petition has been filed but that
is not yet a measure.
Enrolled House Bill 2082 (HB 2082-B) Page 31
(19) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
(20) 'Regular district election' means the regular district
election described in ORS 255.335.
(21) 'Slate mailer' means a mass mailing that supports or
opposes a total of three or more candidates or measures.
(22)(a) 'Slate mailer organization' means, except as provided
in paragraph (b) of this subsection, any person who directly or
indirectly:
(A) Is involved in the production of one or more slate mailers
and exercises control over the selection of the candidates and
measures to be supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more
slate mailers or for endorsing or opposing, or refraining from
endorsing or opposing, a candidate or measure in one or more
slate mailers.
(b) Notwithstanding paragraph (a) of this subsection, 'slate
mailer organization' does not include:
(A) A political committee organized by a political party; or
(B) A political committee organized by the caucus of either the
Senate or the House of Representatives of the Legislative
Assembly.
(23) 'State office' means the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries, Superintendent of Public
Instruction, state Senator, state Representative, judge or
district attorney.
SECTION 29. ORS 260.255, as amended by section 44a, chapter
809, Oregon Laws 2005, is amended to read:
260.255. (1) Except as provided in subsection (2) of this
section, a filing officer shall preserve each statement filed
with the officer under ORS 260.057, 260.076, 260.083, 260.102,
260.112 or 260.118, or an accurate copy of it, for at least six
calendar years.
(2) The Secretary of State shall maintain all data filed
electronically under ORS 260.057 on the Internet for at least six
calendar years after the date the secretary first makes the data
available. After six calendar years, if the data are not
maintained on the Internet, the secretary shall archive the data
in a secure format so that the data are available to the public.
{ + This subsection does not apply to data that may not be made
available to the public under ORS 260.057 (6)(b). + }
SECTION 30. ORS 260.402 is amended to read:
260.402. (1) A person may not make a contribution in any name
other than that of the person who in truth provides the
contribution to:
(a) Any other person, relating to a nomination or election of
any candidate or the support of or opposition to any measure;
(b) Any political committee; or
(c) A chief petitioner { + of an initiative, referendum or
recall petition + } or { + a + } treasurer required to file a
statement under ORS 260.118.
(2) Except as provided in subsection (3) of this section, a
person, political committee { + , + } { - or - } chief
petitioner { + or treasurer + } may not knowingly receive a
contribution prohibited under subsection (1) of this section or
enter or cause the contribution to be entered in accounts or
records in another name than that of the person by whom it was
actually provided.
Enrolled House Bill 2082 (HB 2082-B) Page 32
(3) If a person receives a contribution from a political
committee, the person may enter the contribution into accounts or
records as received from the political committee.
SECTION 31. { + (1)(a) Section 2 of this 2007 Act applies to
payment or receipt of money or other valuable consideration for
signatures of electors on a state initiative or referendum
petition that are obtained on or after January 1, 2008.
(b) Section 2 of this 2007 Act applies to payment or receipt of
money or other valuable consideration for signatures of electors
on a state recall petition that are obtained on or after January
1, 2008.
(2)(a) Except as provided in paragraph (b) of this subsection,
section 3 of this 2007 Act applies to state initiative,
referendum and recall petitions on and after January 1, 2008.
(b) Notwithstanding section 3 (4) and (5) of this 2007 Act, on
or before December 1, 2007, the Secretary of State shall issue
the templates for a state initiative, referendum or recall
petition that is being circulated on the effective date of this
2007 Act. The secretary may adopt rules prescribing a method for
submitting and responding to requests for modification under
section 3 (5) of this 2007 Act for petitions that are being
circulated on the effective date of this 2007 Act.
(3)(a) Section 7b of this 2007 Act applies to signature sheets
on an initiative or referendum petition that are signed on or
after January 1, 2008.
(b) Section 7b of this 2007 Act applies to signature sheets on
a recall petition for which a prospective petition is filed on or
after the effective date of this 2007 Act.
(c) Section 7b of this 2007 Act applies to candidate nominating
petitions or certificates of nomination circulated on or after
the effective date of this 2007 Act. + }
SECTION 32. { + (1) Section 5 of this 2007 Act applies to:
(a) Initiative and referendum petitions for which a prospective
petition is filed on or after the effective date of this 2007
Act; and
(b) Initiative and referendum petitions for which a prospective
petition is filed prior to the effective date of this 2007 Act
and that, if filed with the required number of signatures of
electors, will be submitted to the people at an election held on
or after the effective date of this 2007 Act. A chief petitioner
of a petition described in this paragraph shall maintain accounts
under section 5 of this 2007 Act for activities that occur on or
after the effective date of this 2007 Act.
(2) Section 6 of this 2007 Act applies to initiative and
referendum petitions for which a prospective petition is filed
prior to, on or after the effective date of this 2007 Act.
(3) Section 7 of this 2007 Act applies to unreported violations
of section 1b, Article IV of the Oregon Constitution that occur
on or after the effective date of this 2007 Act. + }
SECTION 33. { + The amendments to ORS 250.045, 250.065,
250.067 and 250.105 by sections 8, 9, 10 and 11 of this 2007 Act:
(1)(a) Except as provided in paragraph (b) of this subsection,
do not apply to a state initiative or referendum petition that is
being circulated on the effective date of this 2007 Act and, 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 2008.
(b) Apply to cover and signature sheets for a state initiative
and referendum petition that are circulated or signed on or after
January 1, 2008.
Enrolled House Bill 2082 (HB 2082-B) Page 33
(2) Apply to a state initiative or referendum petition for
which a prospective petition is filed on or after January 1,
2008, and 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 2008. + }
SECTION 33a. { + Signatures on a state initiative or
referendum petition that is circulating prior to January 1, 2008,
and that, if filed with the required number of signatures of
electors, will be submitted to the people at a general election
held on the first Tuesday after the first Monday in November
2008, shall be filed with the Secretary of State on or before
January 4, 2008. Notwithstanding ORS 250.105 (2), the secretary
shall accept the signatures. Petitioners may submit additional
signatures in accordance with laws in effect on January 1, 2008,
after January 4, 2008. + }
SECTION 34. { + (1) The amendments to ORS 260.057 (6) and
260.255 by sections 12 and 29 of this 2007 Act apply to data
filed electronically prior to, on or after January 1, 2008.
(2) The amendments to ORS 260.005, 260.045, 260.118 and 260.215
by sections 13 to 15 and 28 of this 2007 Act apply to initiative,
referendum and recall petitions for which a prospective petition
is filed prior to, on or after January 1, 2008.
(3) A chief petitioner required to appoint a treasurer under
ORS 260.118, as amended by section 13 of this 2007 Act, shall
appoint the treasurer not later than January 31, 2008. + }
SECTION 35. { + (1) Except as provided in subsections (2) and
(3) of this section, a treasurer of an initiative, referendum or
recall petition shall file a first statement of contributions
received and expenditures made under ORS 260.057 and 260.118, as
amended by sections 12 and 13 of this 2007 Act, for contributions
received and expenditures made on or after January 1, 2008.
(2) The first statement of contributions received and
expenditures made that is filed by a treasurer of an initiative,
referendum or recall petition under ORS 260.057 and 260.118, as
amended by sections 12 and 13 of this 2007 Act, on or after
January 1, 2008, shall include any contributions received or
expenditures made by the treasurer or chief petitioner prior to
January 1, 2008, that were not included on a statement filed with
a filing officer prior to January 1, 2008.
(3) If the last statement of contributions received and
expenditures made that is filed by a treasurer of an initiative,
referendum or recall petition prior to January 1, 2008, shows an
unexpended balance of contributions or an expenditure deficit,
the first statement of contributions received and expenditures
made that is required under ORS 260.057 and 260.118, as amended
by sections 12 and 13 of this 2007 Act, shall list a beginning
balance in an amount equal to the amount of the unexpended
balance of contributions or the amount of the expenditure
deficit. + }
SECTION 36. { + The Secretary of State, a county clerk or
other elections officer may take any action before January 1,
2008, that is necessary to enable the secretary, clerk or
elections officer to exercise, on and after January 1, 2008, all
the duties, functions and powers conferred upon the secretary,
clerk or elections officer by ORS 260.005, 260.045, 260.057,
260.118 and 260.215, as amended by sections 12 to 15 and 28 of
this 2007 Act. + }
Enrolled House Bill 2082 (HB 2082-B) Page 34
SECTION 37. { + The amendments to ORS 260.005, 260.045,
260.057, 260.118 and 260.215 by sections 12 to 15 and 28 of this
2007 Act become operative on January 1, 2008. + }
SECTION 38. { + Section 8b of this 2007 Act and the amendments
to ORS 198.430, 198.750, 221.031, 248.008, 249.061, 249.740,
249.865, 250.165, 250.265, 255.135, 261.115 and 545.025 by
sections 16 to 27 of this 2007 Act apply to signatures gathered
on or after January 1, 2008. + }
SECTION 39. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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Passed by House April 18, 2007
Repassed by House June 25, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 24, 2007
...........................................................
President of Senate
Enrolled House Bill 2082 (HB 2082-B) Page 35
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2082 (HB 2082-B) Page 36