A Federal Court Judge ruled today in favor of Oregon’s efforts to crack down on fraud and abuse in the ballot initiative system, dismissing all claims filed in a challenge to HB2082 from the 2007 legislative session.
The bill established new requirements for petitioners and signature gatherers, banning anyone convicted of fraud, forgery or identity theft from being a paid signature gatherer. Furthermore, it required paid signature gatherers to register with the State of Oregon and complete a short course of instruction on compliance with elections law. Finally, HB2082 also required chief petitioners to produce payroll records to establish that signature gatherers are not being paid per signature, a practice Oregon voters banned by approving a 2002 Constitutional amendment.
U.S. District Judge Michael R. Hogan found that the new rules did not restrict the constitutional rights of the sponsors of citizen initiatives:
“Those lesser burdens are justified by Oregon’s interests in administrative efficiency and ensuring compliance with the Oregon Constitution’s prohibition against payment of petition circulators on a per signature basis,” Hogan said in his decision. He added that, “State interest in maintaining the integrity of the petition process are significant and outweigh the burden these statutory requirements to keep and submit detailed accounts place on chief petitioners.”
Secretary of State Brown, then the Senate Majority Leader, played a part in drafting the bill with Senator Diane Rosenbaum. She applauded the court’s decision, calling it “A win for all Oregonians.”
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