Or. Admin. Code § 165-014-0100 - Review of Specified Chief Petitioner Accounts
(1) Each chief petitioner of an initiative,
referendum or prospective petition who pays any person money or other valuable
consideration to obtain signatures on the petition shall keep detailed accounts
in accordance with ORS 260.262. The Elections Division will review these
accounts in the manner and in accordance with the schedule set out in
paragraphs (2) and (3) of this rule.
(2) Chief petitioners shall submit digital
copies of the applicable accounts described on the SEL 320 unless they receive
prior written approval from the Elections Division to submit paper copies.
(a) Acceptable digital formats include pdf
files, Excel files, or Word files submitted on CD-ROM or via electronic
mail.
(b) The Elections Division
may request original documentation of chief petitioner accounts, in addition to
or in lieu of copies.
(c) The
Elections Division may choose to conduct on-site reviews of chief petitioner
accounts.
(3) Detailed
copies of the applicable accounts described on the SEL 320, must be submitted
not later than the last business day of each month after any month in which
circulators were paid to collect signatures for the primary signature gathering
effort. Accounts for the sponsorship phase must be included with the first
submittal of accounts for the primary signature gathering effort. The Elections
Division may require accounts to be submitted in shortened time frame depending
on the circumstances of each petition.
(4) The Elections Division reserves the right
to demand all accounts described under ORS 260.262, including all circulated
signature sheets.
(5) Chief
petitioners, or their authorized agent, must submit a completed SEL 320, each
time accounts are provided, detailing the nature of the accounts provided under
ORS 260.262.
(6) The Elections
Division shall review accounts to determine whether all of the required
information appears to have been provided. If after review it is determined
that the accounts submitted are incomplete or the chief petitioners fail to
submit the requested accounts, the Elections Division may find that a violation
of section 1b, Article IV of the Oregon Constitution, has occurred, suspend the
petition from obtaining additional signatures, and/or issue a civil penalty
under OAR 165-013-0020.
(7) If the
Elections Division takes action under ORS 260.262(6) the chief petitioners may
file notarized written explanation contesting the suspension and providing
evidence that the accounts submitted are complete.
(8) If a petition is suspended under ORS
260.262(6) the chief petitioners are prohibited from obtaining any additional
signatures on the petition until it has been determined by the Elections
Division that the accounts are complete. Any signatures gathered in violation
of the suspension will not be accepted for signature verification.
(9) If the petition has multiple chief
petitioners, only one set of copies of the detailed accounts for each petition
need to be produced by the deadline.
(10) Accounts must be kept current as of not
later than the 7th calendar day after the date a payment is made to a person
for obtaining signatures on a petition.
(11) The Elections Division reserves the
right to conduct a review of all chief petitioner accounts in accordance with
ORS 260.262(4).
Notes
Statutory/Other Authority: ORS 246.150 & 260.262
Statutes/Other Implemented: ORS 260.262
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