§ ORS § 260.561Liability 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.

(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]