§ ORS § 250.048Registration and training for paid petition circulators; requirements; effect of failure to register; criminal records check; registration of organizations that pay petition circulators; rules

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(1) A person may not pay money or other valuable consideration to another
person for obtaining signatures of electors on a state initiative, referendum
or recall petition or a prospective petition for a state measure to be
initiated, and a person may not receive money or other valuable consideration
for obtaining signatures of electors on a state initiative, referendum or
recall petition or a prospective petition for a state measure to be initiated,
unless the person obtaining the signatures:

(a) Registers
with the Secretary of State in the manner prescribed by this section and by
rule of the secretary; and

(b) Completes the
training program prescribed by rule of the secretary.

(2) A person may
apply to the secretary for a registration required under subsection (1) of this
section. The application shall include:

(a) The full name
and any assumed name of the applicant;

(b) The
residential street address of the applicant;

(c) An example of
the signature of the applicant;

(d) A list of the
prospective petitions on which the applicant will gather signatures;

(e) A list of the
initiative, referendum and recall petitions on which the applicant will gather
signatures;

(f) If the
applicant has been convicted for a criminal offense involving fraud, forgery or
identification theft, information relating to the circumstances of the
conviction as required by the secretary;

(g) A statement
signed by the applicant acknowledging that the applicant has read and
understands Oregon law applicable to the gathering of signatures on state
initiative, referendum and recall petitions and prospective petitions for state
measures to be initiated, as the law is summarized in the training program
established by the Secretary of State;

(h) Evidence
indicating that the applicant has completed the training required by the
secretary by rule;

(i) A photograph
of the applicant;

(j) A statement
signed by a chief petitioner of each petition or prospective petition, or a
person designated by a chief petitioner under this paragraph, upon which the
applicant will gather signatures acknowledging that the chief petitioner is
liable for violations of law or rule committed by the person obtaining
signatures as provided in ORS 260.561. A chief petitioner may designate a
person to sign a statement described in this paragraph on behalf of the chief
petitioner; and

(k) A copy of the
applicant’s criminal records check.

(3)(a) If an
applicant complies with subsection (2) of this section, not later than five
business days after the applicant applies, the secretary shall register the
applicant and assign the applicant a registration number.

(b) A person who
is registered to obtain signatures on a prospective petition for a state
measure to be initiated need not reapply for a registration under this section
in order to obtain signatures on a state initiative, referendum or recall
petition, except that the person shall submit a list of the initiative,
referendum and recall petitions on which the person will gather signatures.

(c) A
registration to obtain signatures on a state initiative petition or a
prospective petition for a state measure to be initiated is valid until the
date that is four months before the next general election.

(d) A
registration to obtain signatures on a referendum or recall petition is valid
until the date the petition is filed for signature verification.

(4) A person may
not apply for registration under this section if, during the five-year period
prior to the date of application, the person:

(a) Has been
convicted for a criminal offense involving fraud, forgery or identification
theft in any state;

(b) Has had a
civil penalty imposed under ORS 260.995 for a violation of this section, ORS
260.262, 260.555, 260.558, 260.575, 260.695 (1) or (2) or 260.715 (1) or
Article IV, section 1b, of the Oregon Constitution; or

(c) Has had a
civil or criminal penalty imposed for violation of a statute subject to a
criminal penalty under ORS 260.993.

(5)(a) Upon
request of the secretary, the Department of State Police shall furnish to the
secretary any information that the department may have in its possession
regarding an applicant, including but not limited to the Law Enforcement Data
System established in ORS 181A.280, other computerized information and any
other information to which the department may have access. Information obtained
under this paragraph may be used to assist in determining the identity of an
applicant or whether an applicant has been convicted of a criminal offense
described in subsection (4) of this section.

(b) For purposes
of receiving the information described in paragraph (a) of this subsection, the
office of the Secretary of State is a “criminal justice agency” under ORS
181A.010 to 181A.350 and the rules adopted under ORS 181A.230.

(c) Upon
submitting an application for registration described in subsection (2) of this
section, an applicant is deemed to have given the consent necessary for
purposes of this subsection.

(6)(a) A chief
petitioner shall ensure that a criminal records check is conducted for each
applicant seeking registration under this section to determine whether the
applicant has been convicted of any of the crimes described in subsection
(4)(a) of this section, or was subject to any of the penalties described in
subsection (4)(b) and (c) of this section.

(b) The secretary
by rule shall prescribe the scope of the criminal records check to be performed
pursuant to this subsection. The applicant’s criminal records check may be
conducted by either the chief petitioner or the applicant.

(c) An applicant
seeking registration under this section is required to have only one criminal
records check conducted for each period beginning the day the applicant
registers with the Secretary of State under this section and ending four months
before the next general election.

(7) If a person
receives money or other valuable consideration for obtaining signatures of
electors on a state initiative, referendum or recall petition or a prospective
petition for a state measure to be initiated and the person was not registered
as required under this section at the time the signatures were obtained, the
secretary may not include any signatures obtained by the person in a count
under ORS 250.045 (3) or 250.105 or ORS chapter 249 for purposes of determining
whether the petition or prospective petition contains the required number of
signatures of electors.

(8) A person
registered under this section shall carry evidence of registration with the
person while the person is obtaining signatures on a state initiative,
referendum or recall petition or a prospective petition for a state measure to
be initiated. The evidence of registration shall contain the photograph and
registration number of the person. The secretary by rule shall designate the
form of the evidence of registration.

(9) A photograph
of an applicant submitted under subsection (2) of this section shall:

(a) Be a
conventional photograph with a plain background;

(b) Show the face
or the face, neck and shoulders of the applicant; and

(c) Be prepared
and processed for printing as prescribed by the secretary.

(10) A person
registered under this section 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. The secretary may not include any signatures obtained in
violation of this subsection in a count under ORS 250.045 (3) or 250.105 or ORS
chapter 249 for purposes of determining whether a state initiative, referendum
or recall petition or a prospective petition for a state measure to be
initiated contains the required number of signatures of electors.

(11) An
organization or entity that pays money or other valuable consideration to a
person for obtaining signatures of electors on a state initiative, referendum
or recall petition or a prospective petition for a state measure to be
initiated shall register with the Secretary of State by:

(a) Submitting
the name and address of the organization or entity;

(b) Selecting one
or more individuals who represent the organization or entity to complete the
training program prescribed in subsection (1) of this section; and

(c) Submitting a
statement signed by each individual selected:

(A) Acknowledging
that the individual has read and understands Oregon law applicable to the
gathering of signatures on state initiative, referendum and recall petitions
and prospective petitions for state measures to be initiated, as the law is
summarized in the training program established by the secretary; and

(B) Affirming
that the organization or entity operates in compliance with the law.

(12) The
secretary shall adopt rules necessary to implement this section, including
rules:

(a) Establishing
procedures for registering persons or organizations or entities as described in
this section; and

(b) Establishing
a training program prescribed in subsection (1) of this section. [2007 c.848 §2;
2009 c.533 §2; 2009 c.720 §6; 2010 c.9 §4; 2011 c.547 §42; 2013 c.519 §1; 2013
c.759 §1; 2014 c.67 §1; 2014 c.112 §1; 2021 c.291 §6]



250.050 [Repealed by 1957 c.608 §231]

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