§ ORS § 249.865Filing prospective petition; contents of petition; statement regarding payment of petition circulators; certification of signature sheets; effect of violation

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(1) Pursuant to Article II,
section 18, of the Oregon Constitution, an elector of the electoral district
from which the public officer is elected may file a petition demanding the
recall of the public officer. The production and circulation of the petition
must conform to the requirements governing recall petitions set forth in ORS
250.048 and 250.052. Before the petition is circulated for signatures, the
chief petitioner of the petition shall file with the officer authorized to
order the recall election a copy of the prospective petition signed by the
chief petitioner.

(2) The chief
petitioner 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 recall petition. After the
prospective petition is filed, the chief petitioner shall notify the filing
officer not later than the 10th day after the chief petitioner 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.

(3) Each sheet of
the recall petition must contain:

(a) The words “Petition
for recall of,” (name and title of officer) and the date of the filing under
subsection (1) of this section; and

(b) The name and
city and state of residence of the chief petitioner.

(4) Not more than
20 signatures on each sheet of the recall petition shall be counted. The
circulator shall certify on each signature sheet 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.

(5) Any
intentional or willful violation of subsection (1) or (2) of this section by a
chief petitioner of the recall petition listed on the statement of organization
filed under ORS 260.118 invalidates the prospective petition before it is
circulated for signatures. [1979 c.190 §136; 1981 c.142 §2; 1981 c.173 §26;
1983 c.756 §8; 1985 c.471 §7; 1987 c.210 §1; 1999 c.318 §26; 2005 c.797 §22;
2007 c.155 §7; 2007 c.848 §25; 2009 c.818 §20; 2017 c.749 §52; 2019 c.675 §14;
2021 c.473 §16]

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