74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 937
 
                         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)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits person other than person signing signature sheet from
writing, altering or obscuring information about person signing
signature sheet of initiative, referendum, recall or nominating
petition or certificate of nomination. Creates exception for
person with disability.
  Requires persons being paid to obtain signatures on state
initiative, referendum or recall petition to register with
Secretary of State and complete training program.
  Directs Secretary of State to prepare official templates of
cover and signature sheets for each state initiative, referendum
or recall petition. Requires persons obtaining signatures on
state initiative, referendum or recall petition to use cover and
signature sheets contained in official templates prepared for
petition. Allows chief petitioners to apply for modifications of
official templates.
  Prohibits persons other than persons authorized by chief
petitioner from obtaining signatures on particular state
initiative, referendum or recall petition.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to election petitions; creating new provisions; amending
  ORS 250.045; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 260. + }
  SECTION 2.  { + (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 or obscure on the signature sheet any information about the
person who signed the signature sheet.
  (2) If the person who signed the signature sheet is a person
with a disability and requests assistance in writing on the
signature sheet any information about the person, a person other
than the person who signed the signature sheet may write on the
signature sheet any information about the person who signed the
signature sheet.
  (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 3.  { + Sections 4 and 5 of this 2007 Act are added to
and made a part of ORS chapter 250. + }
  SECTION 4.  { + (1) A person may not pay money or other
valuable consideration to another person for obtaining signatures
of electors on a state initiative, referendum or recall petition,
and a person may not receive money or other valuable
consideration for obtaining signatures of electors on a state
initiative, referendum or recall petition, unless the person
obtaining the signatures:
  (a) Registers with the Secretary of State in the manner
prescribed by rule of the Secretary of State; and
  (b) Completes the training program prescribed by rule of the
Secretary of State.
  (2) The Secretary of State shall adopt rules:
  (a) Establishing procedures for registering persons who may be
paid money or other valuable consideration for obtaining
signatures of electors on a state initiative, referendum or
recall petition; and
  (b) Establishing a training program for persons who may be paid
money or other valuable consideration for obtaining signatures of
electors on state initiative, referendum or recall petitions. + }
  SECTION 5.  { + (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. 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.
The templates for each petition shall be sequentially numbered
and issued by the Secretary of State only to a chief petitioner
of the petition.
  (2) The Secretary of State shall issue official templates to a
chief petitioner not later than:
  (a) Three business days after the deadline for filing a
petition for review under ORS 250.085 of a ballot title certified
by the Attorney General for the state initiative petition or, if
a petition seeking a different title is filed with the Supreme
Court under ORS 250.085, 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 the state referendum petition or
state recall petition.
  (3) Not later than five business days after the deadline for
the Secretary of State to issue templates under subsection (2) of
this section, a chief petitioner of a state initiative,
referendum or recall petition may submit to the Secretary of
State a written request for modifications to the templates. The
Secretary of State shall approve or disapprove the request not
later than five business days after receiving the request. If the
Secretary of State disapproves the request, the Secretary of
State shall advise the chief petitioner in writing of the reasons
for the disapproval.
 
  (4) A person other than a person authorized by a chief
petitioner of a state initiative, referendum or recall petition
may not obtain signatures of electors on that petition.
  (5) The Secretary of State shall adopt rules prescribing:
  (a) The contents of official templates required under this
section; and
  (b) Provisions specifying methods a chief petitioner may use to
authorize persons to obtain signatures on the chief petitioner's
state initiative, referendum or recall petition. + }
  SECTION 6. ORS 250.045 is amended to read:
  250.045. (1) Before circulating a petition to initiate or refer
a state measure under section 1, Article IV, Oregon Constitution,
the petitioner shall file with the Secretary of State a
prospective petition. The prospective petition for a state
measure to be initiated shall contain a statement of sponsorship
signed by at least 25 electors. The statement of sponsorship
shall be attached to a full and correct copy of the measure to be
initiated. The signatures in the statement of sponsorship must be
accompanied by a certificate of the county clerk of each county
in which the electors who signed the statement reside, stating
the number of signatures believed to be genuine. The Secretary of
State shall date and time stamp the prospective petition and
specify the form on which the petition shall be printed for
circulation.   { - The secretary shall approve or disapprove the
form of any petition signature sheet within five business days
after the signature sheet is submitted for review by the
secretary. - }  The secretary shall retain the prospective
petition.
  (2) The chief petitioner may amend the proposed initiated
measure filed with the Secretary of State without filing another
prospective petition, if:
  (a) The Attorney General certifies to the Secretary of State
that the proposed amendment will not substantially change the
substance of the measure; and
  (b) The deadline for submitting written comments on the draft
title has not passed.
  (3) The cover of an initiative or referendum petition shall
designate the name and residence address of not more than three
persons as chief petitioners and shall contain instructions for
persons obtaining signatures of electors on the petition. The
instructions shall be adopted by the Secretary of State by rule.
The cover of a referendum petition shall contain the 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) The chief petitioners shall include with the prospective
petition a statement declaring whether one or more persons will
be paid money or other valuable consideration for obtaining
signatures of electors on the initiative or referendum petition.
After the prospective petition is filed, the chief petitioners
shall notify the filing officer not later than the 10th day after
any of the chief petitioners first has knowledge or should have
had knowledge that:
  (a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
  (b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
  (5)(a) Each sheet of signatures on an initiative petition shall
contain the caption of the ballot title. Each sheet of signatures
 
on a referendum petition shall contain the subject expressed in
the title of the Act to be referred.
  (b) Each sheet of signatures on an initiative or referendum
petition shall:
  (A) Contain only the signatures of electors of one county; and
  (B) If one or more persons will be paid for obtaining
signatures of electors on the petition, contain a notice stating:
' Some Circulators For This Petition Are Being Paid.' The notice
shall be in boldfaced type and shall be prominently displayed on
the sheet.
  (c) The Secretary of State by rule shall adopt a method of
designation to distinguish signature sheets of referendum
petitions containing the same subject reference and being
circulated during the same period.
  (6) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on an
initiative or referendum petition.
  (7) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition shall be counted. The
circulator shall certify on each signature sheet of the
initiative or referendum petition that the individuals signed the
sheet in the presence of the circulator and that the circulator
believes each individual is an elector.
  (8) The person obtaining signatures on the petition shall carry
at least one full and correct copy of the measure to be initiated
or referred and shall allow any person to review a copy upon
request of the person.
  SECTION 7.  { + (1)(a) Section 2 of this 2007 Act does not
apply to signature sheets on an initiative or referendum petition
that, if filed with the required number of signatures of
electors, will be submitted to the people at an election held
prior to or at the general election held on the first Tuesday
after the first Monday in November 2008.
  (b) Section 2 of this 2007 Act applies to signature sheets on
an initiative or referendum petition that, if filed with the
required number of signatures of electors, will be submitted to
the people at an election occurring after the first Tuesday after
the first Monday in November 2008, regardless of when the
prospective petition for the initiative or referendum petition is
filed.
  (c) Section 2 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.
  (d) Section 2 of this 2007 Act applies to candidate nominating
petitions or certificates of nomination circulated on or after
the effective date of this 2007 Act.
  (2)(a) Section 4 of this 2007 Act does not apply to persons who
pay or receive money or other valuable consideration for
obtaining signatures of electors on a state initiative or
referendum petition that, if filed with the required number of
signatures of electors, will be submitted to the people at the
general election held on the first Tuesday after the first Monday
in November 2008.
  (b) Section 4 of this 2007 Act applies to persons who pay or
receive money or other valuable consideration for obtaining
signatures of electors on a state initiative or referendum
petition that, if filed with the required number of signatures of
electors, will be submitted to the people at a general election
occurring after the first Tuesday after the first Monday in
November 2008, regardless of when the prospective petition for
the initiative or referendum petition is filed.
  (c) Section 4 of this 2007 Act applies to persons who pay or
receive money or other valuable consideration for obtaining
signatures of electors on a state recall petition for which a
prospective petition is filed on or after the effective date of
this 2007 Act.
  (3)(a) Section 5 of this 2007 Act does not apply to a state
initiative or referendum petition or to persons obtaining
signatures on a state initiative or referendum petition that, if
filed with the required number of signatures of electors, will be
submitted to the people at the general election held on the first
Tuesday after the first Monday in November 2008.
  (b) Section 5 of this 2007 Act applies to a state initiative or
referendum petition and to persons obtaining signatures on a
state initiative or referendum petition that, if filed with the
required number of signatures of electors, will be submitted to
the people at a general election occurring after the first
Tuesday after the first Monday in November 2008, regardless of
when the prospective petition for the initiative or referendum
petition is filed.
  (c) Section 5 of this 2007 Act applies to a state recall
petition and to persons obtaining signatures on a state recall
petition for which a prospective petition is filed on or after
the effective date of this 2007 Act.
  (4)(a) The amendments to ORS 250.045 by section 6 of this 2007
Act do not apply to a state initiative or referendum petition
that, if filed with the required number of signatures of
electors, will be submitted to the people at the general election
held on the first Tuesday after the first Monday in November
2008.
  (b) The amendments to ORS 250.045 by section 6 of this 2007 Act
apply to a state initiative or referendum petition that, if filed
with the required number of signatures of electors, will be
submitted to the people at a general election occurring after the
first Tuesday after the first Monday in November 2008, regardless
of when the prospective petition for the initiative or referendum
petition is filed. + }
  SECTION 8.  { + 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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