OAR 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).