§ ORS § 260.563Liability of contractor obtaining signatures on petition for violations committed by subcontractor; exceptions

(1) As used in this section:

(a) “Contractor”
means a person who contracts on predetermined terms with a chief petitioner, or
a person acting on behalf of a chief petitioner, of an initiative or referendum
petition or a prospective petition for a state measure to be initiated for the
purpose of obtaining signatures on the petition or prospective petition.

(b) “Subcontractor”
means a person who contracts on predetermined terms with a contractor for the
purpose of obtaining signatures on an initiative or referendum petition or a
prospective petition for a state measure to be initiated and who has no direct
contractual relationship with a chief petitioner or other person acting on
behalf of a chief petitioner.

(2) If a
contractor has knowledge or should have had knowledge of a violation of ORS
250.048, 260.555, 260.558, 260.567, 260.575, 260.665 or 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, by a
subcontractor, the violation by the subcontractor is conclusively considered a
violation by the contractor.

(3) A contractor
is not liable under subsection (2) of this section if the contractor notifies
the Secretary of State in writing not later than one business day after the
contractor 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 contractor regarding the potential violation.

(4) A contractor
may not be held criminally liable under this section solely based on a
violation committed by a subcontractor. [2007 c.848 §7; 2009 c.533 §6; 2009
c.720 §8]



260.565 [Formerly 254.590; 1981 c.234 §18;
repealed by 1983 c.756 §13]