Oregon Statutes 260.561 – Liability of certain chief petitioners for violations committed by persons obtaining signatures on petition; exceptions
(1)(a) If a chief petitioner of a statewide initiative or referendum petition has knowledge of a violation of any provision of Oregon Revised Statutes, of any rule adopted by the Secretary of State under ORS chapters 246 to 260 related to the circulation of a statewide initiative or referendum petition or section 1b, Article IV of the Oregon Constitution, committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition, the violation by the person obtaining signatures is conclusively considered a violation by the chief petitioner.
Terms Used In Oregon Statutes 260.561
- 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
(b) If a chief petitioner of a statewide initiative or referendum petition has knowledge or should have had knowledge of a violation of ORS § 250.048, 260.262, 260.555, 260.558, 260.567, 260.575, 260.665, 260.715 (1) or section 1b, Article IV of the Oregon Constitution, or any rule adopted by the Secretary of State related to section 1b, Article IV of the Oregon Constitution, petition sheets or circulator training, registration or certification, committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition or a contractor or subcontractor, as defined in ORS § 260.563, the violation by the person obtaining signatures or the contractor or subcontractor is conclusively considered a violation by the chief petitioner.
(2) A chief petitioner is not liable under subsection (1) of this section if the chief petitioner notifies the Secretary of State in writing not later than one business day after the chief petitioner obtains knowledge of a potential violation. The notice shall state:
(a) That a potential violation has occurred;
(b) The nature of the potential violation; and
(c) All specific information known to the chief petitioner regarding the potential violation.
(3) If a statewide initiative or referendum petition has more than one chief petitioner, each chief petitioner who has knowledge or should have had knowledge may be held liable under subsection (1) of this section.
(4)(a) Subsection (1)(a) of this section does not apply to a violation of law that is subject to criminal penalty.
(b) A chief petitioner may not be held criminally liable under subsection (1)(b) of this section solely based on a violation committed by a person obtaining signatures on the chief petitioner’s petition or prospective petition or by a contractor or subcontractor. [2001 c.489 § 3; 2001 c.965 § 63a; 2009 c.533 § 5; 2009 c.720 § 7]