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SECRETARY OF STATE, ELECTIONS DIVISION
SECRETARY OF STATE, ELECTIONS DIVISION
DIVISION 14
INITIATIVE, REFERENDUM AND RECALL
165-014-0005
Designating the Initiative, Referendum and Recall Manuals and Forms
(1) The Secretary of State designates the 2012 State Initiative and Referendum Manual and associated forms as the procedures and forms to be used for the state initiative and referendum process.
(2) The Secretary of State designates the 2012 Recall Manual and associated forms as the procedures and forms to be used for the recall process.
(3) The Secretary of State designates the 2012 County, City and District Initiative and Referendum Manual and associated forms as the procedures, except where state law permits the procedure to be otherwise under local charter or ordinance, and forms to be used for the county initiative and referendum process.
(4) The Secretary of State designates the 2012 County, City and District Referral Manual and associated forms as the procedures, except where state law permits the procedure to be otherwise under local charter or ordinance, and forms to be used for the local referral process.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 264.120, 246.150
& 250.015
Stats. Implemented: ORS 246.120,
246.150 & 250.015
Hist.: SD 120, f. & ef.
12-21-77; SD 7-1979(Temp), f. & ef. 11-5-79; SD 31-1980, f. & ef. 3-6-80;
SD 10-1984, f. & ef. 6-19-84; SD 21-1984(Temp), f. & ef. 10-8-84; SD 4-1986,
f. & ef. 2-26-86; ELECT 33-1988(Temp), f. & cert. ef. 8-26-88; ELECT 4-1989(Temp),
f. & cert. ef. 8-11-89; ELECT 4-1991 (Temp), f. & cert. ef. 3-18-91; ELECT
10-1992(Temp), f. & cert. ef. 4-9-92; ELECT 19-1992(Temp), f. & cert. ef.
7-1-92; ELECT 39-1992, f. & cert. ef. 12-17-92; ELECT 3-1993 (Temp), f. &
cert. ef. 1-22-93; ELECT 10-1993, f. & cert. ef. 3-25-93; ELECT 35-1993, f.
& cert. ef. 11-1-93; ELECT 1-1996, f. & cert. ef. 1-3-96; ELECT 8-1997,
f. & cert. ef. 10-3-97; ELECT 3-1998, f. & cert. ef. 2-11-98; ELECT 10-1999,
f. & cert. ef. 10-18-99; ELECT 3-2002, f. & cert. ef. 3-13-02; Elect 9-2002(Temp),
f. & cert. ef. 12-5-02 thru 6-3-03; ELECT 4-2003, f. & cert. ef. 4-25-03;
ELECT 20-2003, f. & cert. ef. 12-5-03; ELECT 10-2005, f. & cert. ef. 12-14-05;
ELECT 3-2007(Temp), f. & cert. ef. 5-14-07 thru 11-10-07; Administrative correction
11-17-07; ELECT 16-2007, f. & cert. ef. 12-31-07; ELECT 32-2009, f. & cert.
ef. 12-31-09; ELECT 7-2012, f. & cert. ef. 1-3-12
165-014-0028
Review of Proposed Initiative Measures for Procedural Constitutional Compliance
(1) The Secretary of State will review a proposed initiative measure submitted under the authority of Article IV, section 1 of the Oregon Constitution and ORS 250.045 to determine if it complies with the procedural requirements established in the Oregon Constitution for initiative petitions. This review will include, but not necessarily be limited to, whether a proposed initiative measure: "embraces one subject only and matters properly connected therewith," constitutes an "amendment" to the constitution, or proposes a single amendment to the Constitution or separate amendments that must be submitted separately. The Secretary will not review any prospective petition for substantive constitutional or legal sufficiency.
(2) The Secretary of State will conduct the review of proposed initiative measures for procedural constitutional compliance during the period when the draft ballot title and certified ballot title are prepared.
(3) The Secretary of State will distribute a copy of the text of the proposed initiative measure in the same manner as provided by rule for statewide notice of the opportunity to provide comment on draft ballot titles prepared by the Attorney General. The Secretary will seek comment from interested persons regarding whether the proposed initiative measure complies with procedural constitutional requirements, including those described in section (1) above. Comments must be filed within the same time period as provided for comments on the sufficiency of the draft ballot title.
(4) The Secretary of State will notify in writing the chief petitioners of the results of the Secretary's review for compliance with the procedural constitutional requirements for proposed initiative measures. The notification will also be sent to any interested persons who submitted timely comments to the Secretary, in the same manner as provided for notification of the certified ballot title provided by the Attorney General.
(5) The Secretary of State will not approve for circulation the form of the cover and signature sheet filed by a chief petitioner(s) if the Secretary determines that the proposed initiative measure fails to comply with the constitutional procedural requirements for a proposed initiative measure.
(6) The Secretary of State's notice issued pursuant to section (4) is a final order. Review of this order may be sought under ORS 183.484 or 246.910 in the Marion County Circuit Court.
Stat. Auth.: ORS 246.120, ORS 246.150, OR Constitution §1, Art IV & §1, Art XVII
Stats. Implemented: ORS 246.120, ORS 246.150, OR Constitution §1, Art IV & §1, Art XVII
Hist.: SD 26-1986(Temp), f. & ef. 9-15-86; SD 29-1986, f. & ef. 10-10-86; ELECT 11-1998, f. & cert. ef. 11-3-98
165-014-0030
Statistical Sampling Procedures for State Petition
This rule is adopted to implement ORS 250.045(1) and 250.105(5). The sampling formula referred to in this rule is contained in three appendices which are incorporated into this rule by reference. Appendix 1 contains the sample size determination and the description of the margin of errors used in determining if the prospective petition contains the signatures of at least 1,000 electors. Appendix 2 contains the sampling formula for determining whether the prospective initiative petition or the circulated initiative petition contains the required number of signatures. Appendix 3 contains the sampling formula for determining whether a referendum petition contains the required number of signatures.
(1) After receiving the signature sheets from the chief petitioners, the Elections Division utilizes the following process to determine if the prospective initiative petition contains the signatures of at least 1,000 electors. No more than 2,000 signatures will be accepted for verification at any one time.
(2) Two signature samples may be taken in order to determine if the petition contains the required number of signatures. The sampling formula referred to in this rule is contained in Appendix 1, which is incorporated into this rule by reference.
(3) The Secretary of State's staff will first review, and remove prior to verification, each cover and signature sheet that does not meet the following criteria:
(a) The text of the prospective initiative petition must either be copied onto the back or stapled to the State Prospective Initiative Petition Signature Sheet. If the text is stapled to the State Prospective Initiative Petition Signature Sheet, it must remain stapled at all times.
(b) The circulator certification is sufficient as required by OAR 165-014-0270.
(c) All information included in the optional information fields about the petition signers, such as their printed name, address and date signed, complies with OAR 165-014-0275.
(d) The cover and signature sheet submitted is produced on pastel colored paper stock when the petition is not using paid circulators.
(4) The necessary information from the petition signature sheets will be entered into a computer program for the signature selection process.
(a) Any individual signature line that is not certified by the circulator’s certification date will not be included in the sample.
(b) Any individual signature line on which the printed name, residence address or date appears not to comply with OAR 165-014-0275 will not be included in the sample.
(5) The size of the first sample of signatures will be determined by the number of signatures submitted for verification. The sample size is contained in Appendix 1. If upon completion of the first sample, it cannot be determined with confidence that the petition contains signatures of at least 1,000 electors, signature verification will continue on all remaining signatures.
(6) The Oregon Centralized Voter Registration System (OCVR) will be used to conduct signature verification.
(7) Using the "first" random sampling selection lists, the appropriate petition signature lines are verified against the voter’s registration record.
(8) The Secretary of State will immediately consolidate and tabulate the verification data, generated from OCVR, for the "first" sample.
(9) The sampling formula to determine acceptance or rejection will be applied to the data from the "first" sample. If the petition is accepted as a result of the "first" sample the Secretary of State will immediately notify the chief petitioners. If the petition is not accepted as a result of the "first" sample, the remaining signatures will be verified.
(10) If the results of the "first" sample do not qualify the petition the remaining signature data will be added to the "first" sample data and the combined results will show that:
(a) The petition has a sufficient number of valid signatures to qualify for submission of the prospective petition; or
(b) The petition does not have a sufficient number of valid signatures to qualify for submission of the prospective petition.
(11) In the event additional signatures are filed no more than 2,000 additional signatures will be accepted for verification. A single sample will be taken. The verification procedures applied to the combined "first" and "second" sample will be applied to the second submission of signatures. If the results of the sample taken from the second submission of signatures do not qualify the prospective petition for submission, the chief petitioners must begin the prospective petition process again.
(12) The Elections Division will notify the chief petitioners of the result of the signature verification:
(a) Not later than 10 business days after receipt of the prospective petition signatures;
(b) Not later than 20 business days after receipt of prospective petition signatures for three or more initiatives received in single day; or
(c) Not later than 20 business days after receipt of prospective petition signatures for which all signatures are required to be verified.
(13) After receiving the signature sheets from the chief petitioners, the Elections Division utilizes the following process to determine if the petition contains enough valid signatures to qualify for the ballot. Additional signatures may be submitted after verification has occurred, as long as the deadline to submit signatures has not passed. The additional sample will be verified pursuant to (29).
(14) Once the chief petitioners have certified that the petition contains enough unverified signatures to meet the statutory or constitutional requirements signature verification may begin.
(15) The chief petitioners must separate all signature sheets by circulator. The chief petitioners must then sequentially number the sheets prior to submission to the Secretary of State. If additional signatures are submitted sequential numbering begins again with page number one.
(16) The Secretary of State's staff will first review, and remove prior to verification, each cover and signature sheet that does not meet the following criteria:
(a) The cover and signature sheet submitted is the same as the version or one of the versions approved for circulation including the "back to back" printing requirement.
(b) The circulator certification is sufficient.
(c) All information included in the optional information fields about the petition signers, such as their printed name, address and date signed, complies with OAR 165-014-0275.
(d) The cover and signature sheet submitted is produced on pastel colored paper stock when the petition is not using paid circulators.
(e) Any electronic template that is produced on pastel colored paper stock.
(17) The necessary information from the petition signature sheets will be entered into a computer program for the signature selection process.
(a) Any individual signature line that is not certified by the circulator’s certification date will not be included in the sample.
(b) Any individual signature line on which the printed name, residence address or date appears not to comply with OAR 165-014-0275 will not be included in the sample.
(18) The size of the first sample of signatures will be fixed at 1,000. The size of the second sample of signatures will be specified such that the total number of signatures for the combined first and second sample will be at least five percent of the total number of signatures submitted for verification.
(a) A random number generator program will be used to supply a list of random numbers equal in amount to the number of signatures needed for two samples. A "first" sample list will be produced by using a count of random numbers equal to the first sample requirement. However, in all cases the first sample will be 1,000 signatures. A "second" sample list will be produced by using the remainder of the random numbers. The combined number of signatures to be used in the first and second samples will be at least five percent of the total number of signatures submitted for verification.
(b) The "first" and "second" sample list will show the petition identification number, petition signature sheet number and petition sheet line number of each signature selected for verification.
(19) Using the "first" and "second" random sampling selection lists as the control element, the appropriate petition signature sheets are pulled from the stacks.
(20) The random sampling selection list and the selected petition signature sheets are sent to:
(a) County elections officials for verification; or
(b) The Secretary of State may also verify sampled signatures.
(21) The Oregon Centralized Voter Registration System (OCVR) will be used to conduct signature verification.
(22) Upon receipt of the selected petition signature sheet(s) the county elections official will immediately begin verifying the signatures of the "first" sample against the voter’s registration record. If the selected signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. These changes must be noted on the signature sheet. As soon as all the signatures of the "first" sample are verified, the county elections official will immediately notify the Secretary of State.
(23) The Secretary of State will immediately consolidate and tabulate the verification data, generated from the OCVR, for the "first" sample.
(24) The sampling formula to determine acceptance or rejection will be applied to the consolidated data from the "first" sample. If the petition is accepted as a result of the "first" sample the Secretary of State will immediately notify the county elections officials that no further verification is required. If the results of the "first" sample do not qualify the petition to the ballot, a "second" larger sample will be verified.
(25) Upon notification by the Secretary of State, the county elections official will immediately begin verifying the signatures of the "second" sample against the voter’s registration record, if the petition is not accepted as a result of the "first" sample. If the selected signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. These changes must be noted on the signature sheet. As soon as all the signatures of the "second" sample are verified the county elections official will immediately notify the Secretary of State.
(26) The Secretary of State will immediately consolidate and tabulate the verification data, generated from OCVR, for the "second" sample. The statistical formula will be applied to combined data from the "first" and "second" sample to determine its acceptance or rejection.
(27) As soon as notified by the Secretary of State the clerk will return the original sampled petition signature sheets to the Secretary of State within ten business days. If notified by the Secretary of State, the county elections official may terminate signature verification before all signatures included in a sample have been verified.
(28) If the results of the "first" sample do not qualify the petition the "second" sample data will be added to the "first" sample data and the combined results will be applied to the sampling formula. The formula will show that:
(a) The petition has a sufficient number of valid signatures to qualify for the ballot; or
(b) The petition does not have a sufficient number of valid signatures to qualify for the ballot.
(29) In the event additional signatures are filed pursuant to ORS 250.105(3), an additional sample will be selected solely from the second submittal of signatures.
(a) The sample size of the second submittal will be taken as the larger of 250 and that value which is directly proportional to the size of the combined "first" and "second" samples from the first submittal.
(b) The verification procedures applied to the combined "first" and "second" sample will be applied to the second submission of signatures.
(c) To determine acceptance or rejection of the initiative or referendum petition, the verification results of the second submission will be added to the verification results of the combined "first" and "second" sample of the first submission of signatures.
[ED. NOTE: Appendix referenced are available from the agency.]
Stat. Auth.:
ORS 246.150 & 250.105
Stats.
Implemented: ORS 250.105
Hist.:
SD 4-1978(Temp), f. & ef. 7-6-78; SD 2-1979, f. & ef. 4-23-79; SD 20-1986,
f. & ef. 5-23-86; ELECT 12-1994, f. & cert. ef. 6-23-94; ELECT 8-1999, f.
& cert. ef. 9-3-99; ELECT 9-2000, f. & cert. ef. 6-6-00; ELECT 3-2004, f.
& cert. ef. 4-15-04; ELECT 3-2005, f. & cert. ef. 3-22-05; ELECT 18-2007,
f. & cert. ef. 12-31-07; ELECT 19-2011, f. & cert. ef. 9-26-11
165-014-0100
Review of Specified Chief Petitioner Accounts
(1) Each chief petitioner of an initiative, referendum or prospective petition who pays any person money or other valuable consideration to obtain signatures on the petition shall keep detailed accounts in accordance with ORS 260.262. The Elections Division will review these accounts in the manner and in accordance with the schedule set out in paragraphs (2) and (3) of this rule.
(2) Chief petitioners shall submit digital copies of accounts unless they receive prior written approval from the Elections Division to submit paper copies.
(a) Acceptable digital formats include pdf files, Excel files, or Word files submitted on CD-ROM or via electronic mail.
(b)The Elections Division may request original documentation of chief petitioner accounts, in addition to or in lieu of copies.
(c) The Elections Division may choose to conduct on-site reviews of chief petitioner accounts.
(3) Detailed copies of accounts must be submitted on the 10th business day of each month after any month in which circulators were paid to collect signatures. The Elections Division may require accounts to be submitted in shortened time frame depending on the circumstances of each petition.
(4) If original signature sheets are submitted for verification prior to accounts being requested, chief petitioners are required to retain copies of the signature sheets in order to comply with ORS 260.262(1)(e).
(5) Chief petitioners must submit a completed SEL 320, each time accounts are provided, detailing the nature of the accounts provided under ORS 260.262.
(6) The Elections Division shall review accounts to determine whether all of the required information appears to have been provided. If after review it is determined that the accounts submitted are incomplete or the chief petitioners fail to submit the requested accounts, the Elections Division may find that a violation of section 1b, Article IV of the Oregon Constitution, has occurred, suspend the petition from obtaining additional signatures, and issue a civil penalty under OAR 165-013-0020.
(7) If the Elections Division takes action under ORS 260.262(6) the chief petitioners may file notarized written explanation contesting the suspension and providing evidence that the accounts submitted are complete.
(8) If a petition is suspended under ORS 260.262(6) the chief petitioners are prohibited from obtaining any additional signatures on the petition until it has been determined by the Elections Division that the accounts are complete. Any signatures gathered in violation of the suspension will not be accepted for signature verification.
(9) If the petition has multiple chief petitioners, only one set of copies of the detailed accounts for each petition need to be produced by the deadline.
(10) Accounts must be kept current as of not later than the 7th calendar day after the date a payment is made to a person for obtaining signatures on a petition.
(11) The Elections Division reserves the right to conduct a review of chief petitioner accounts in accordance with ORS 260.262(4).
Stat. Auth.:
ORS 246.150, 260.262
Stats.
Implemented: ORS 260.262
Hist.:
ELECT 21-2007, f. & cert. ef. 12-31-07; ELECT 3-2008(Temp), f. & cert. ef.
3-14-08 thru 5-2-08; ELECT 6-2008(Temp), f. & cert. ef. 5-2-08 thru 9-10-08;
ELECT 8-2008, f. & cert. ef. 8-12-08; ELECT 33-2009, f. & cert. ef. 12-31-09;
ELECT 13-2011, f.. & cert. ef. 8-1-11
Statistical Sampling for Local Petitions
165-014-0110
Statistical Sampling Procedures for Other than State Initiative or Referendum Petitions
This rule is adopted to implement ORS 248.008, 249.008, 249.875, 250.215, 250.315, and 255.175. For a recall petition filed against a State Public Officer and any minor political party formation petitions the Secretary of State may choose to verify sampled signatures.
(1) After receiving the signature sheets from the chief petitioners, the following process must be used to determine if a petition subject to statistical sampling contains enough valid signatures to qualify for the ballot.
(2) Two signature samples may be taken in order to determine if the petition contains the required number of valid signatures of electors to qualify the petition to the ballot. The sampling formula referred to in this rule is contained in Appendix 4, which is incorporated into this rule by reference.
(3) If the petition fails to qualify for the ballot additional signatures may be submitted after verification has occurred, as long as the deadline to submit signatures has not passed. The additional sample will be verified pursuant to (17).
(4) The chief petitioners must certify upon submission of signatures that the petition contains enough unverified signatures to meet the statutory requirements. The petition is then accepted for signature verification. If the chief petitioners cannot certify that the petition contains enough unverified signatures to meet the statutory requirements, the petition is not accepted
(5) The chief petitioners must sequentially number the sheets prior to submission.
(6) Prior to verification, each petition cover and signature sheet is first reviewed, and subsequently removed, if it does not meet the following criteria:
(a) The cover and signature sheet submitted is the same as the version or one of the versions approved for circulation including the "back to back" printing requirement.
(b) The circulator certification is sufficient as required by OAR 165-014-0270.
(c) All information included in the optional information fields about the petition signers, such as their printed name, address and date signed, complies with OAR 165-014-0275.
(7) The necessary information from the petition signature sheets will be entered into a computer program for the signature selection process.
(a) Any individual signature line that is not certified by the circulator’s certification date will not be included in the sample.
(b) Any individual signature line on which the printed name, residence address or date appears not to comply with OAR 165-014-0275 will not be included in the sample.
(8) The sample size of the first sample of signatures will be 10% of the total signatures accepted for verification. The size of the second sample of signatures will be the same number used in the first sample, plus at least one additional signature.
(a) A random number generator program will be used to supply a list of random numbers equal in amount to the number of signatures needed for two samples. A "first" sample list will be produced by using a count of random numbers equal to the first sample requirement. A "second" sample list will be produced by using the remainder of the random numbers.
(b) The "first" and "second" sample list will show the petition identification number, petition signature sheet number and petition sheet line number of each signature selected for verification.
(9) Using the "first" and "second" random sampling selection lists as the control element, the appropriate petition signature sheets are pulled from the stacks.
(10) The Oregon Centralized Voter Registration System (OCVR) will be used to conduct signature verification.
(11) Upon completion of the procedures required in sections (1) through (8) of this rule, the county elections official will immediately begin verifying the signatures of the "first" sample against the voter’s current registration card . If the selected signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. These changes must be noted on the signature sheet.
(12) The county elections official will immediately consolidate and tabulate all “first” sample data generated from OCVR.
(13) The sampling formula to determine acceptance or rejection will be applied to the consolidated data from the "first" sample. If the petition is accepted as a result of the "first" sample, no further verification is required. If the results of the "first" sample do not qualify the petition to the ballot, the "second" larger sample will be verified.
(14) The county elections official will immediately begin verifying the signatures of the "second" sample against the voter’s current registration card, if the petition is not accepted as a result of the "first" sample. If the selected signature line is a blank or crossed out line, the next available line below will be verified. If there are no lines below, the line above will be verified. These changes must be noted on the signature sheet.
(15) The county elections official will immediately consolidate and tabulate all "second" sample data generated from OCVR.
(16) If the results of the "first" sample do not qualify the petition, the "second" sample data will be added to the "first" sample data and the combined results will be applied to the sampling formula. The formula will show that:
(a) The petition has a sufficient number of valid signatures to qualify for the ballot; or
(b) The petition does not have a sufficient number of valid signatures to qualify for the ballot.
(17) In the event additional signatures are filed the county elections official has the option to either verify all additional signatures or to continue to use the sampling process described in this rule. If the county elections official chooses to verify additional signatures using the sampling process, samples will be selected solely from each additional submittal(s) of signatures.
(a) The sample size of any additional submittal(s) will be directly proportional to the combined "first" and "second" samples from the first submittal or 100 whichever is greater.
(b) The verification procedures applied to the combined "first" and "second" sample will be applied to any additional submittal of signatures.
(c) To determine acceptance or rejection of the initiative or referendum petition, the verification results of any additional submittal will be added to the verification results of the combined "first" and "second" sample of the first submission of signatures.
[ED. NOTE: Appendix referenced is available from the agency.]
Stat. Auth.:
ORS 246.150, 250.105, 250.215, 250.315 & 255.175
Stats.
Implemented: ORS 249.875, 250.105, 250.215, 250.315 & 255.175
Hist.:
ELECT 19-1991(Temp), f. & cert. ef. 12-20-91; ELECT 13-1993, f. & cert.
ef. 4-16-93; ELECT 7-2000, f. & cert. ef. 4-5-00; ELECT 3-2004, f. & cert.
ef. 4-15-04; ELECT 3-2005, f. & cert. ef. 3-22-05; ELECT 10-2005, f. & cert.
ef. 12-14-05; ELECT 18-2007, f. & cert. ef. 12-31-07; ELECT 19-2011, f. &
cert. ef. 9-26-11
165-014-0260
Prohibition on Paying or Receipt of Payment based on the Number of Signatures Obtained on an Initiative, Referendum, Candidate Nominating Petition or Voter Registration Cards
(1) The purpose of this rule is to interpret Article IV, section 1b of the Oregon Constitution and ORS 260.569. Article IV, section 1b of the Oregon Constitution provides: “It shall be unlawful to pay or receive money or other thing of value based on the number of signatures obtained on an initiative or referendum petition. Nothing herein prohibits payment for signature gathering which is not based, directly or indirectly, on the number of signatures obtained.” ORS 260.569 provides: “A person may not pay or receive money or another thing of value based on the number of: signatures a person obtains for purposes of nominating a candidate for elective public office or signed voter registration cards a person collects.
(2) Section 1b and ORS 260.569 bans the practice of paying circulators or others involved in an initiative, referendum, candidate nominating petition or voter registration card collection effort if the basis for payment is the number of signatures obtained. This means that payment cannot be made on a per signature basis. Employment relationships that do not base payment on the number of signatures collected are allowed. Allowable practices include: paying an hourly wage or salary, using express minimum signature requirements (quota), terminating those who do not meet the productivity requirements, adjusting salaries prospectively relative to productivity, and paying discretionary bonuses based on reliability, longevity and productivity, provided no payments are made on a per signature basis. The use of express minimum signature requirements (quota) for an initiative or referendum petition is allowable so long as that requirement is disclosed to the Elections Division on the SEL 320 as part of accounts.
(3) If a circulator is carrying a petition subject to Section 1b or ORS 260.569 and another petition not subject to Section 1b or ORS 260.569 (for example, a state initiative petition and a local recall petition), the circulator may be paid by the signature only for signatures collected on the petition not subject to Section 1b or ORS 260.569. Any payment for collecting signatures on the petition subject to Section 1b or ORS 260.569 must comply with Section 1b or ORS 260.569.
(4) The phrase “directly or indirectly” in Section 1b means that the chief petitioners who are responsible for the circulation and submission of the initiative or referendum petition cannot directly pay for signature gathering based on the number of signatures obtained, and cannot contract or delegate to another person or entity to obtain signatures and allow the third party to pay circulators on the basis of the number of signatures obtained. However, chief petitioners may contract with a person or entity to manage the signature gathering, and pay the person or entity for services, including the service of qualifying the petition for the ballot, so long as the individuals who actually circulate the petition are not paid based on the number of signatures obtained. The chief petitioners are responsible for insuring that agents of the chief petitioner (anyone who is delegated the task of obtaining signatures on the initiative or referendum petition) do not violate Section 1b.
(5) Violations of Section 1b or ORS 260.569 will be processed under 260.995 as civil penalties. Penalties may be assessed against chief petitioners or any other persons who either directly or indirectly pay based on the number of signatures or voter registration cards obtained. Liability may be imposed on chief petitioners as provided in 260.561. Violations of Section 1b or 260.569 will be calculated by deeming each individual signature sheet or voter registration card that contains signatures that were collected in violation of Section 1b or 260.569 as a single occurrence with a minimum civil penalty of $100. Violations of Section 1b or 260.569 shall not be combined under OAR 165-013-0020(1)(b)(E).
Stat. Auth.:
ORS 246.150
Stats.
Implemented: ORS 250.045 & 260.995
Hist.:
ELECT 15-2003, f. & cert. ef. 10-15-03; ELECT 22-2007, f. & cert. ef. 12-31-07;
ELECT 15-2011, f. & cert. ef. 8-11-11
165-014-0270
Circulator Certification
(1) The purpose of this rule is to incorporate into administrative law previously enforced standards on what constitutes a sufficient circulator certification on Initiative, Referendum, Recall, and Candidate Nominating petitions.
(2) A petition signature sheet will be rejected for insufficient circulator certification if:
(a) No signature whatsoever appears below the certification;
(b) No date appears next to circulator’s signature or the date is crossed out;
(c) The date of the circulator certification is earlier than the date of the electors’ signatures, unless the circulator and the only signer are the same person;
(d) Original date is crossed out, and a new date is provided, but the circulator failed to re-sign;
(e) Any part of the original date is overwritten with a different date;
(f) Date information is insufficient or ambiguous. Date must be provided in month, day, year order if written in all numeric characters;
(g) The original signature of a circulator has been crossed out, and a different circulator’s signature is inserted;
(h) Two individuals sign and date as circulator, unless the only signers and the circulators are the same people;
(i) White out appears on the signature or date line;
(j) The circulator has signed using only initials, unless the circulator’s use of initials as a signature is verified by exemplar under paragraph (5) of this rule;
(k) The circulator has signed using a signature stamp, unless use of a signature stamp has been approved under ORS 246.025;
(l) Circulator’s signature is photocopied, carbon-copied, or otherwise appears on the face of the document to be a replicated and not original signature except as provided for in ORS 250.043;
(m) Signature, printed name, and address are all illegible;
(n) Signature alone is illegible, unless the circulator’s use of the apparently illegible signature is verified by exemplar under paragraph (5) of this rule;
(o) Circulator’s signature is in printed script rather than cursive script, unless the circulator’s use of a printed signature is verified by exemplar under paragraph (5) of this rule;
(p) If for any other reason, from the face of the signature sheet, the circulator’s identity cannot be determined or it otherwise cannot be determined that the circulator executed the certification after witnessing the electors’ signatures.
(3) If a petition signature sheet contains elector signatures dated both on or before the date of the circulator’s effective certification and after the date of the circulator’s effective certification, the signature sheet will be accepted with regard to the elector signatures dated on or before the date of the certification, but elector signatures dated after the date of the certification will not be accepted.
(4) The following defects in the circulator certification will not result in rejection of the signature sheet:
(a) The circulator’s signature appears on the printed name line instead of on the signature line;
(b) Signature consists of full last name and at least the first name initial;
(c) The circulator has signed and dated the certification, but has not provided an address or printed name; or
(d) The circulator has re-signed and re-dated the certification.
(5) If a preliminary determination is made under paragraph (2)(j), (n) or (o) of this rule that a certification is insufficient, the certification signature may be verified by exemplar in the following manner:
(a) If the circulator is required to be registered under ORS 250.048 Section 2 the Elections Division will compare the certification signature only to the circulator’s signature supplied by the circulator on the circulator’s SEL 308, Circulator Registration. If the certification signature matches the signature on the SEL 308 that was in effect at the time that the signature sheet was certified, the petition signature sheet will be accepted. If the certification signature does not match the signature on the SEL 308 that was in effect at the time that the signature sheet was certified, the petition signature sheet will be rejected for insufficient certification. A certification signature may consist at a minimum of a first name initial and full last name and still be accepted even if the signature on the circulator’s most recent SEL 308 contains a full first name and full last name.
(b) For circulators not required to be registered under ORS 250.048, the Elections Division will compare the certification signature to the circulator’s current Oregon voter registration card signature, if available. If the certification signature matches the voter registration signature, the petition signature sheet will be accepted. If the certification signature does not match the voter registration signature, the petition signature sheet will be rejected for insufficient certification.
(c) If the circulator is not required to be registered under ORS 250.048 and an Oregon voter registration card bearing the circulator’s signature is not available as an exemplar, the Elections Division will compare the certification signature to an alternative exemplar filed with the Elections Division or retained on file by the Elections Division under section (6) of this rule. If the certification signature does not match the alternative exemplar provided or retained under section (6) and (7) of this rule, the petition signature sheet will be rejected for insufficient certification.
(d) If the circulator is not required to be registered under ORS 250.048 and an Oregon voter registration card bearing the circulator’s signature is not available as an exemplar, and an alternative exemplar has not been filed with or retained on file by the Elections Division under section (6) and (7) of this rule, the Elections Division will notify the chief petitioner or the chief petitioner’s designee by telephone and electronic mail, if available, and provide the chief petitioner or designee an opportunity to submit an alternative exemplar of the circulator’s signature.
(A) If an alternative exemplar is requested by the Elections Division not later than the 20th day after signatures are submitted for verification, the chief petitioners or the chief petitioner’s designee must provide the alternative exemplar within 2 days of notification for the alternative exemplar to be considered.
(B) If an alternative exemplar is requested by the Elections Division after the 20th day after signatures are submitted for verification, the chief petitioners or the chief petitioner’s designee must provide the alternative exemplar within 1 day of notification for the alternative exemplar to be considered.
(C) The alternative exemplar must be a signature on an official government-issued document such as a driver’s license or passport, and must have been executed before the date of the attempted certification of the petition signature sheet. If the certification signature matches the alternative exemplar, the petition signature sheet will be accepted. If the certification signature does not match the alternative exemplar, the petition signature sheet will be rejected for insufficient certification.
(D) The alternative exemplar may be physically delivered to the Elections Division or may be delivered by facsimile transmission or electronic mail. If delivered by electronic mail, the document must be reproduced in .gif or .pdf format. The alternative exemplar must be received at the office of the Secretary of State not later than 5 p.m. of the day it is due.
(6) Chief petitioners may submit alternative exemplars of petition circulators’ signatures at the same time they submit petition signature sheets for signature verification. The alternative exemplar must comply with the requirements of paragraph (5)(c)(C) of this rule. When submitting alternative exemplars, chief petitioners must provide a list of circulators for whom they are submitting alternative exemplars. If no list accompanies the alternative exemplars submitted under this section, those alternative exemplars will not be accepted or used to compare the circulator’s signature to the certification. If an alternative exemplar is omitted from the list, that alternative exemplar will not be accepted or used to compare the circulator’s signature to the certification. Chief petitioners may still be offered the opportunity to submit alternative exemplars under paragraph (5)(c).
(7) Alternative exemplars received and accepted by the Elections Division under paragraphs (5) and (6) of this rule, will be retained on file for two years from the date of receipt.
Stat. Auth.: ORS 246.150, 249.008,
250.105, 250.215, 250.315 & 255.175
Stats. Implemented: ORS 249.008,
249.061, 249.740, 249.865, 249.875, 250.045, 250.105, 250.215, 250.315 & 255.175
Hist.: ELECT 4-2005, f. &
cert. ef. 4-8-05; ELECT 23-2007, f. & cert. ef. 12-31-07: ELECT 8-2012, f. &
cert. ef. 1-3-12
165-014-0275
Completion of Optional Information on Petition Sheets
(1) The purpose of this rule is to establish standards governing what an Elections Official will review for in determining if there has been a violation of ORS 260.567. This rule applies to all state and local initiative, referendum, recall and candidate nominating petitions.
(2) A petition signature sheet will be rejected for noncompliance with ORS 260.567 and not included in the sample if:
(a) The same handwriting appears to have completed the optional information on all lines of the petition sheet;
(b) Optional information on all lines has been entered, altered, corrected, clarified or obscured by typewriting or other mechanical means;
(d) For any other reason the Elections Official determines from the face of the signature sheet that a person or persons other than the petition signers entered, altered, corrected, clarified or obscured any information about the person who signed the signature sheet, including the optional fields of printed name, residence address and date signed.
(3) If the same handwriting appears to have completed the optional information on multiple lines only the first signature line will be included in the sample. All other lines will be rejected for noncompliance with ORS 260.567 and will not be included in the sample.
(4) Notwithstanding paragraphs (2) and (3) of this rule, a signature sheet or an individual signature line will not be rejected for noncompliance with ORS 260.567 if:
(a) Each entry or change of information made by a person other than the signer, was subsequently initialed by the person who signed the signature sheet; or
(b) Each entry or change of information occurred with regard to a signer who is a person with a disability who requested assistance in writing, altering, correcting, clarifying or obscuring on the petition sheet any information about the person.
(5) For purposes of this rule, “optional information” means information in the optional fields of printed name, residence address and date signed.
Stat. Auth.:
ORS 246.150
Stas.
Implemented: ORS 260.567
Hist.:
ELECT 24-2007, f. & cert. ef. 12-31-07; ELECT 14-2011, f. & cert. ef. 8-4-11
165-014-0280
Circulator Training and Registration
(1) Any person who will be paid to gather signatures on a state initiative, referendum recall or prospective petition must register with the Secretary of State after completing a training program prescribed by rule of the Secretary. Any person who, in the five-year period prior to the date of application, has been convicted in any state for a criminal offense involving fraud, forgery or identification theft, has had a civil penalty imposed under ORS 260.995 for a violation of 260.048 or 260.262, or has had a civil or criminal penalty imposed for violation of a statute subject to a criminal penalty under 260.993, may not apply for registration.
(2) The Secretary of State designates the web based 2010 Circulator Training and associated forms as the curriculum and forms to be used by any person who will be paid to gather signatures on a state initiative, referendum or recall petition to satisfy the training component of the Secretary of State’s circulator registration process.
(3) To register, a person must complete and file the SEL 308 Circulator Registration, the SEL 306 Circulator Training Certificate, the SEL 309 Chief Petitioner Acknowledgement and must provide or have taken by the Elections Division staff a digital photograph.
(4) A circulator’s photograph must be:
(a) Less than four years old when it is filed; and
(b) Portrait style, front-facing, showing the face, neck and shoulders only.
(5) The photograph will be used for production of a circulator badge. This badge will include the words “Paid Circulator,” the registration number assigned to the circulator by the Elections Division, and the circulator’s photograph.
(a) A circulator must carry this badge while circulating as evidence of registration.
(b) A circulator is required to produce the badge for inspection as evidence of registration upon a request from a representative of the Secretary of State, Attorney General or Commissioner of the Bureau of Labor and Industries.
(c) If a paid circulator can not produce the badge issued by the Elections Division upon a request from a representative of the Secretary of State, Attorney General or Commissioner of the Bureau of Labor and Industries the petition sheets signed by that circulator will not be accepted for verification unless the circulator can prove registration at the time of circulation. Only those signature sheets gathered by paid circulators who are registered in accordance with ORS 250.048 may be accepted for verification.
(6) Whenever any of the information disclosed on the Circulator Registration (SEL 308) changes, the circulator must report the change within 10 calendar days by filing an amended SEL 308 with the Elections Division. If the change being disclosed is additional or different initiatives, referendums or recalls for which the person will be circulating, the circulator may not begin gathering signatures for the additional or different petitions until an updated SEL 309 signed by the chief petitioners is submitted.
(7) Any signatures obtained by a person who the Secretary of State determines, during the five year period prior to the date the signatures were obtained has been convicted for a criminal offense involving fraud, forgery or identification theft, has had a civil penalty imposed under ORS 260.995 for a violation of 260.048 or 260.262, or has had a civil or criminal penalty imposed for violation of a statute subject to a criminal penalty under 260.993, will not be included in a count under 250.045(3) or 250.105 or ORS Chapter 249 for purposes of determining whether an initiative, referendum or recall petition or prospective petition for a state measure to be initiated contains the required number of signatures of electors.
Stat. Auth.: ORS 246.150, Sec. 2, Ch. 848 OL 2007
Stats. Implemented: Sec. 2, Ch. 848 OL 2007
Hist.: ELECT 7-2007, f. & cert. ef. 12-3-07; ELECT 34-2009, f. & cert. ef. 12-31-09
165-014-0285
Circulating Unpaid Petitions by Paid Petition Circulators
Under ORS 250.048(9), a person may not obtain signatures on a petition or prospective petition for which the person is being paid and, at the same time, obtain signatures on a petition or prospective petition for which the person is not being paid. For purposes of ORS 250.048(9), “at the same time” means during any time period for which the person is being paid to circulate any petition or prospective petition. “At the same time” does not include any lunch or other break period for which a person is not paid to circulate any such petition, as reflected in the person’s payroll records required to be submitted under OAR 165-014-0100.
Stat. Auth.: ORS 246.150
Stats. Implemented: ORS 250.048
Hist.: ELECT-8-2010, f. & cert. ef. 11-5-10
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