Accounts of chief petitioners
- • review and inspection
- • retention
- • disclosure as public record
- • rules
(1) As used in this section, "accounts" means:
(a) Any contract entered into by a chief petitioner of an initiative or referendum petition and any person for purposes of obtaining signatures on the petition;
(b) Any employment manual or training materials provided to persons who obtain signatures on the petition;
(c) Payroll records for each employee obtaining signatures on the petition showing hours worked, number of signatures collected and amounts paid;
(d) Records identifying the amount and purpose of each payment made by the chief petitioner or any contractor, as defined in ORS 260.563 (Liability of contractor obtaining signatures on petition for violations committed by subcontractor), to any subcontractor, as defined in ORS 260.563 (Liability of contractor obtaining signatures on petition for violations committed by subcontractor), obtaining signatures on the petition; and
(e) Copies of signature sheets circulated by persons who are being paid to obtain signatures on the petition.
(2) For purposes of enforcing section 1b, Article IV of the Oregon Constitution, a chief petitioner of an initiative or referendum petition who pays any person money or other valuable consideration to obtain signatures on the petition shall keep detailed accounts. The accounts shall be current as of not later than the seventh calendar day after the date a payment is made to a person for obtaining signatures on the petition.
(3) The Secretary of State shall review the accounts of each chief petitioner described in subsection (2) of this section in the manner and according to a regular schedule adopted by the secretary by rule.
(4) In addition to the review conducted under subsection (3) of this section, the secretary, Attorney General or Commissioner of the Bureau of Labor and Industries may inspect the accounts of a chief petitioner described in subsection (2) of this section under reasonable circumstances at any time before the deadline for filing signatures on the petition or during the period specified for retention of the accounts under subsection (5) of this section. The right of inspection may be enforced by writ of mandamus issued by any court of competent jurisdiction.
(5) A chief petitioner must preserve the accounts pertaining to an initiative or referendum petition for at least two years after the deadline for filing the petition for verification of signatures or at least two years after the date the last statement is filed under ORS 260.118 (Treasurer and statement of organization for initiative, referendum or recall petition), whichever is later.
(6) If a chief petitioner does not produce accounts under subsection (3) or (4) of this section:
(a) There is a rebuttable presumption that a violation of section 1b, Article IV of the Oregon Constitution, has occurred; and
(b) The chief petitioner may not obtain additional signatures on the petition until the chief petitioner is able to supply the accounts to the secretary, Attorney General or commissioner.
(7) Accounts are not subject to disclosure under ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated). [2007 c.848 §5]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.