SENATE COMMITTEE ON RULES

 

                

February 4, 2003                                                                                                 Hearing Room 343

3:00 pm                                                                                                                                    Tape 3

 

MEMBERS PRESENT:         Sen. Bev Clarno, Co-chair, Presiding

Sen. Kate Brown, Co-chair

Sen. Ginny Burdick Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

MEMBER EXCUSED:          Sen. Jason Atkinson, Vice-chair

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Pam Cox, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 132 – Public Hearing

                                                SB 139 – Public Hearing

                                                SB 140 – Public Hearing

                                                  

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 3, A

005

Co-chair Clarno

Opens committee meeting 3:09 p.m.    Opens public hearing SB 132.

SB 132 - PUBLIC HEARING

006

Jim Stembridge

Committee Administrator.  Outlines SB 132, which increases maximum amount of civil penalty for each violation of election laws or rules adopted under election laws from $250 to $1,000.

007

John Lindback

Director of Elections Division, Office of Secretary of State.  Testifies in support of SB 132.  Submits written materials (EXHIBITS A, B, C).

047

Sen. Corcoran

Asks for clarification on the election law as to first time offender.

053

Sen. Beyer

Introduces Civil Penalty Law, and asks for clarification of sections of ORS and the increase in penalties.

059

Lindback

Answers.

080

Sen. Corcoran

Asks for options.

090

Co-chair Clarno

Asks for clarifying size of pamphlet if the fees are doubled.

097

Lindback

Outlines pamphlet costs.

121

Sen. Brown

Asks for percentage on the subsidy of pamphlet.

122

Lindback

Produces clarification and pamphlet.

150

Co-chair Clarno

Closes public hearing on SB 132 and opens public hearing on SB 139.


 

SB 139 - PUBLIC HEARING

161

Steve Lanning

Oregon AFL-CIO.  Testifies in opposition to SB 139.  Submits written testimony (EXHIBIT D).

180

Co-chair Clarno

Closes public hearing on SB 139 and opens public hearing on SB 140.

SB 140 - PUBLIC HEARING

181

Jim Stembridge

Committee Administrator.  Summarizes SB 140, which allows court discretion in determining whether to award costs, disbursements and attorney fees to prevailing party in election contest proceeding.

185

John Lindback

Testifies in favor of SB 140 and describes a particular case on a contest of election.  Submits written summary (EXHIBIT E).

237

Co-chair Clarno

Asks for explanation of filing errors.

238

Lindback

Explains and describes filing suits regarding elections.

244

Sen. Beyer

Asks for clarification regarding payment of attorney fees.

260

Co-chair Clarno

Comments on the filing of a lawsuit stopping an election.

261

Lindback

Responds affirmatively.

274

Sen. Corcoran

Asks if it would create a new election and how long would it take.

280

Lindback

Explains judges’ decisions and throwing out an election.

321

Sen. Burdick

Asks for clarification on filing a contest of election before or after election.

419

Sen. Corcoran

Notes it is a higher bar for a judge to call off an election.

 

Lindback

Acknowledges and testifies on the judge’s situation.

453

Co-chair Clarno

Closes public hearing on SB 140.  Adjourns committee meeting at  3:42 p.m.

 

EXHIBIT SUMMARY

 

A – SB 132, written summary, John Lindback, 1 p

B – SB 132, Voter’s Pamphlet Statistics, John Lindback, 1 p

C– SB 139, written summary, John Lindback, 1 p

D – SB 139, written testimony, Steve Lanning, 1 p

E – SB 140, written summary, John Lindback, 1 p