75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2697
 
                         Senate Bill 774
 
Sponsored by COMMITTEE ON RULES
 
 
                             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.
 
  Requires filing officer to resolve investigations of certain
alleged violations of election law or rule within certain time
period.
 
                        A BILL FOR AN ACT
Relating to election violations; creating new provisions; and
  amending ORS 260.345.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 260.345 is amended to read:
  260.345. (1) Any elector may file with any filing officer a
written complaint alleging that a violation of an election law or
rule adopted by the Secretary of State under ORS chapters 246 to
260 has occurred and stating the reason for believing that the
violation occurred and any evidence relating to it. A complaint
alleging a violation involving the Secretary of State, a
candidate for the office of Secretary of State, or any political
committee or person supporting the Secretary of State or a
candidate for the office of Secretary of State may be filed with
the Attorney General. The Secretary of State or Attorney General
shall not accept an anonymous complaint.
  (2) The Secretary of State by rule shall prescribe the
procedure for processing a complaint filed with any person other
than the Secretary of State. If the complaint concerns the
Secretary of State, any candidate for the office of the Secretary
of State, or any political committee or person supporting the
candidacy of the Secretary of State or of another person for the
office of Secretary of State, the complaint and any additional
information relating to the complaint shall be sent to the
Attorney General.
  (3) Upon receipt of a complaint under subsection (1) or (2) of
this section the Secretary of State or Attorney General
immediately shall examine the complaint to determine whether a
violation of an election law or rule has occurred and shall make
any investigation the Secretary of State or Attorney General
considers necessary. Except as provided in this subsection,
within 48 hours of receiving a complaint under subsection (1) or
(2) of this section, the Secretary of State or Attorney General
shall notify the person who is the subject of the complaint that
a complaint has been received. If the Secretary of State or
Attorney General receives a complaint or complaints involving 25
or more individuals or political committees in any 24-hour
period, the Secretary of State or Attorney General need not
notify the persons who are the subjects of those complaints
within 48 hours of receiving the complaints but shall notify
those persons not later than 10 business days after receiving the
complaint or complaints.
  (4) If the Secretary of State believes after an investigation
under subsection (3) of this section that a violation of an
election law or rule has occurred, the secretary:
  (a) In the case of a violation that is subject to a penalty
under ORS 260.993, immediately shall report the findings to the
Attorney General and request prosecution. If the violation
involves the Attorney General, a candidate for that office or a
political committee or person supporting or opposing the Attorney
General or a candidate for that office, the Secretary of State
shall appoint another prosecutor for that purpose; or
  (b) In the case of a violation not subject to a penalty under
ORS 260.993, may impose a civil penalty under ORS 260.995.
  (5) Upon receipt of a complaint or report under subsection (1),
(2) or (4) of this section involving an alleged violation subject
to a penalty under ORS 260.993, the Attorney General or other
prosecutor immediately shall examine the complaint or report to
determine whether a violation of an election law has occurred.
If the Attorney General or prosecutor determines that a violation
has occurred, the Attorney General or prosecutor immediately
shall begin prosecution in the name of the state. The Attorney
General or other prosecutor shall have the same powers in any
county of this state as the district attorney for the county.
  (6) Upon receipt of a complaint under subsection (1) or (2) of
this section involving an alleged violation of an election law or
rule not subject to a penalty under ORS 260.993, the Attorney
General shall examine the complaint to determine whether a
violation of an election law or rule has occurred and shall make
any investigation the Attorney General considers necessary. If
the Attorney General believes after an investigation that a
violation of an election law or rule has occurred, the Attorney
General may impose a civil penalty under ORS 260.995.
  (7) In the case of an alleged violation subject to a civil
penalty under ORS 260.995, a complaint shall be filed by an
elector under this section no later than 90 days following the
election at which a violation of an election law or rule is
alleged to have occurred, or 90 days following the date the
violation of an election law or rule is alleged to have occurred,
whichever is later.
  (8) { + (a) + }  { + Except as provided in paragraph (b) of
this subsection, + } a filing officer having reason to believe
that a violation of an election law or rule has occurred shall
proceed promptly as though the officer had received a complaint
 { - . A filing officer shall proceed under this subsection
no - }  { +  and, not  + }later than two years following the
election at which a violation of an election law or rule is
alleged to have occurred  { - , - }  or two years following the
date the violation of an election law or rule is alleged to have
occurred, whichever is later { + , shall:
  (A) Determine whether a violation of an election law or rule
has occurred;
  (B) Notify the person who is the subject of the investigation;
and
  (C) Impose any civil penalties under ORS 260.995 or, in the
case of a violation that is subject to a penalty under ORS
260.993, report any findings to the Attorney General under
subsection (4) of this section + }.
   { +  (b) + } If a filing officer has not proceeded  { + under
paragraph (a) of this subsection + } within two years because of
fraud, deceit  { - , - }   { + or + } misleading representation
or  { + because + } the filing officer could not have reasonably
discovered the alleged violation, the filing officer shall
proceed   { - no - }  { +  under paragraph (a) of this subsection
not + } later than five years following the election at which a
violation of an election law or rule is alleged to have occurred
 { - , - }  or five years following the date the violation of an
election law or rule is alleged to have occurred, whichever is
later.
  SECTION 2.  { + The amendments to ORS 260.345 by section 1 of
this 2009 Act apply to violations that occur on or after the
effective date of this 2009 Act. + }
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