Oregon Statutes 260.262 – Accounts of chief petitioners; review and inspection; retention; disclosure as public record; rules
(1) As used in this section, ‘accounts’ means:
Terms Used In Oregon Statutes 260.262
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Measure: includes any of the following submitted to the people for their approval or rejection at an election:
(a) A proposed law. See Oregon Statutes 260.005
- Person: means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity. See Oregon Statutes 260.005
- Referendum petition: means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure. See Oregon Statutes 260.005
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) Any contract entered into by a chief petitioner of an initiative or referendum petition relating to a state measure and any person for purposes of obtaining signatures on the initiative or referendum petition or on a prospective petition for a state measure to be initiated;
(b) Any employment manual or training materials provided to persons who obtain signatures on the petition or prospective petition;
(c) Payroll records for each employee obtaining signatures on the petition or prospective petition showing hours worked, number of signatures collected and amounts paid;
(d) Records identifying the amount and purpose of each payment made by the chief petitioner or any contractor, as defined in ORS § 260.563, to any subcontractor, as defined in ORS § 260.563, obtaining signatures on the petition or prospective petition; and
(e) Copies of signature sheets circulated by persons who are being paid to obtain signatures on the petition or prospective petition.
(2) For purposes of enforcing section 1b, Article IV of the Oregon Constitution, a chief petitioner of an initiative or referendum petition relating to a state measure who pays any person money or other valuable consideration to obtain signatures on the petition or prospective petition shall keep detailed accounts. The accounts shall be current as of not later than the seventh calendar day after the date a payment is made to a person for obtaining signatures on the petition or prospective petition.
(3) The Secretary of State shall review the accounts of each chief petitioner described in subsection (2) of this section in the manner and according to a regular schedule adopted by the secretary by rule.
(4) In addition to the review conducted under subsection (3) of this section, the secretary, Attorney General or Commissioner of the Bureau of Labor and Industries may inspect the accounts of a chief petitioner described in subsection (2) of this section under reasonable circumstances at any time before the deadline for filing signatures on the petition or during the period specified for retention of the accounts under subsection (5) of this section. The right of inspection may be enforced by writ of mandamus issued by any court of competent jurisdiction.
(5) A chief petitioner must preserve the accounts pertaining to an initiative or referendum petition relating to a state measure, or to a prospective petition for a state measure to be initiated, for at least two years after the deadline for filing the petition for verification of signatures or at least two years after the date the last statement is filed under ORS § 260.118, whichever is later.
(6) If a chief petitioner does not produce accounts under subsection (3) or (4) of this section:
(a) There is a rebuttable presumption that a violation of section 1b, Article IV of the Oregon Constitution, has occurred; and
(b) The chief petitioner may not obtain additional signatures on the petition or prospective petition until the chief petitioner is able to supply the accounts to the secretary, Attorney General or commissioner.
(7) Accounts are not subject to disclosure under ORS § 192.311 to 192.478. [2007 c.848 § 5; 2009 c.533 § 4; 2013 c.519 § 5]
[1995 c.1 § 9; repealed by 1999 c.999 § 59]
(Disclosure of Source of Communication or Donation)