Bill Text: OR SB152 | 2013 | Regular Session | Introduced

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Bill Title: Relating to election petitions.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB152 Detail]

Download: Oregon-2013-SB152-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2593

                         Senate Bill 152

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim 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 paid signature gatherers for state initiative or
referendum petition or prospective petition to sign signature
sheet before notary public.

                        A BILL FOR AN ACT
Relating to election petitions; creating new provisions; and
  amending ORS 250.045.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 the signatures of at least
1,000 electors. The signature sheets must be attached to a full
and correct copy of the measure to be initiated.
  (2) Before obtaining signatures on a prospective petition for a
state measure to be initiated, the chief petitioners shall file
with the secretary a statement declaring whether one or more
persons will be paid money or other valuable consideration for
obtaining signatures of electors on the prospective petition.
After a statement has been filed under this subsection, the chief
petitioners shall notify the secretary 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 filed under this subsection declared that no such
person would be paid.
  (b) No person is being paid for obtaining signatures, when the
statement filed under this subsection declared that one or more
such persons would be paid.
  (3) The secretary by rule shall establish procedures for
verifying whether a prospective petition for a state measure to
be initiated contains the required number of signatures of
electors.
  (4) The secretary 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 ORS 250.052. The secretary shall retain the prospective
petition.
  (5) The chief petitioner may amend the state measure to be
initiated that has been filed with the secretary without filing
another prospective petition, if:
  (a) The Attorney General certifies to the secretary 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.
  (6) 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 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 latest ballot title
certified by the Attorney General under 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.
  (7) 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.
  (8)(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 a notice describing the meaning of the color of the
signature sheet in accordance with ORS 250.052; 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 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.
  (9) The reverse side of the cover of an initiative or
referendum petition shall be used for obtaining signatures on the
initiative or referendum petition.
  (10) Not more than 20 signatures on the signature sheet of the
initiative or referendum petition may be counted.
   { +  (11) + } The circulator shall  { + sign and + } certify
 { + before a notary public + } on each signature sheet of the
initiative or referendum petition that 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.
    { - (11) - }  { +  (12) + } 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 2.  { + The amendments to ORS 250.045 by section 1 of
this 2013 Act apply to signatures collected on signatures sheets
on or after the effective date of this 2013 Act. + }
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