2011 ORS § 260.563¹
Liability 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 (Registration and training for paid petition circulators), 260.555 (Prohibitions relating to circulation, filing or certification of initiative, referendum or recall petition), 260.558 (Payment for signing or not signing initiative, referendum or recall petition), 260.567 (Alteration of information on petition signature sheet), 260.575 (Use of threats and intimidation for purpose of extorting money), 260.665 (Undue influence to affect registration, voting, candidacy, signing petitions) or 260.715 (Prohibited conduct) (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]