Archive for the 'Ballot Initiatives' Category

Secretary of State Kate Brown Announces Measure Numbers for 2012 General Election

SALEM – Measure numbers have been assigned to the two legislative referrals from the 76th Legislative Assembly and the initiative petitions that have qualified for the November 6, 2012 General Election ballot. They are the following:

Measure #77 Amends Constitution: Governor may declare “catastrophic disaster” (defined); requires legislative session; authorizes suspending specified constitutional spending restrictions

Measure #78 Amends Constitution: Changes constitutional language describing governmental system of separation of powers; makes grammatical and spelling changes

Measure #79 Amends Constitution: Prohibits real estate transfer taxes, fees, other assessments, except those operative on December 31, 2009

Measure #80 Allows personal marijuana, hemp cultivation/use without license; commission to regulate commercial marijuana cultivation/sale

Measure #81 Prohibits commercial non-tribal fishing with gillnets in Oregon “inland waters,” allows use of seine nets

Measure #82 Amends Constitution: Authorizes Establishment of Privately-Owned Casinos; Mandates Percentage Of Revenues Payable To Dedicated State Fund

Measure #83 Authorizes Privately-Owned Wood Village Casino; Mandates Percentage Of Revenues Payable To Dedicated State Fund

Measure #84 Phases out existing inheritance taxes on large estates, and all taxes on intra-family property transfers

Measure #85 Amends Constitution: Allocates Corporate Income/Excise Tax “Kicker” Refund To Additionally Fund K Through 12 Public Education

For additional information, please visit our website at www.oregonvotes.gov or follow Oregon Secretary of State Kate Brown on Twitter or Facebook.

For more information, please contact

Andrea Cantu-Schomus
Communications Director
Oregon Secretary of State
503-986-2368
503-507-0082

Secretary of State issues $65,000 penalty for pay per signature violation

Press Release
April 23, 2012

SALEM – An investigation by the Secretary of State’s Election Division found Robert Wolfe, chief petitioner for Initiative Petition 24, violated Oregon’s constitution. Wolfe paid employees based on the number of signatures gathered rather than an hourly wage as Oregon law requires. Two circulators who have submitted signed statements that they were unlawfully paid by the signature gathered twenty-six petition sheets. A penalty of $2,500 per sheet was issued.

“I want to thank our investigators and the Department of Justice for quick work in this case,” said Secretary of State Kate Brown. “I remain committed to cracking down on fraud and abuse in the initiative process. I sincerely hope this case sends a message to all chief petitioners and signature gatherers that, we treat these cases very seriously.”

This is the largest penalty ever issued in Oregon for a violation of the pay per signature ban. Several circulators participated in the investigation and stated they were paid by signature. We continue to investigate claims. The circulators have been referred to the Bureau of Labor and Industries to file wage claims if they were not paid for the hours they worked.

By law, the 26 signature sheets that were obtained by the circulators who were paid per signature will still be processed in order to determine if the measure qualifies for the November ballot. All signatures must be submitted by 5 p.m. on July 6, 2012 in order to be considered for the general election this fall.

Initiative Petition 24 is the constitutional amendment decriminalizing the possession of marijuana.

 

For more information, please contact

Andrea Cantu-Schomus

503-986-2368

Secretary of State Kate Brown on the Carl Wolfson Show

Secretary of State Brown was on the Carl Wolfson Show this morning to talk about ballot initiatives, voter registration, voter turnout and….buying riding breeches on Ebay.

If you have any questions about anything the Secretary talked about, leave us a comment or head over to http://www.oregonvotes.org for all your elections information needs.

Signature Verification – A Primer

If you take a look at our tag cloud, you’ll notice that we talk about the ballot initiative process a LOT on this blog. Our initiative process, known as the ‘Oregon System’ is a vital part of our political DNA and one of the most powerful tools for voters to express their collective will. With signature verification for initiative petitions having just ended, we wanted to outline the process a bit as well as provide some resources that may be helpful as you hear about the process in the news.

What makes a signature valid?

First and foremost, as with voting, only citizens who can legally vote in Oregon are eligible to sign a petition signature sheet. Next, only active, registered voters will count in the total verified signatures required to place an initative on the ballot and the signer must be active at the time he or she signs the petition signature sheet. If any Oregon voter is unsure of their registration status, they can look it up here.

Who verifies the signatures for initiative petitions?

The Secretary of State’s Elections division is responsible for conducting signature verification for state initiative petitions.

What are elections officials looking for?

Essentially, elections officials are looking to ensure two things: that all circulators are following the statutory requirements and administrative rules that govern signature gathering and to make sure that the signatures gathered are valid active electors.

In accordance with Oregon elections law, a petition sheet can be rejected for insufficient circulator certification for any number of reasons, including:

  • no signature whatsoever appears below the certification
  • no date appears next to circulator’s signature or the date is crossed out
  • the date of the circulator certification is earlier than the date of the electors’ signatures, unless the circulator and the only signer are the same person
  • the original date is crossed out, and a new date is provided, but the circulator failed to re-sign
  • The date must be provided in month, day, year order if written in all numeric characters.
  • the original signature of a circulator has been crossed out, and a different circulator’s signature is inserted
  • the circulator has signed using only initials, unless the circulator’s use of initials as a signature is verified by exemplar
  • the signature, printed name, and address are all illegible
  • the signature alone is illegible, unless the circulator’s use of the apparently illegible signature is verified by exemplar

A full list of possible infractions leading to a petition sheet being rejected can be found here.

To insure that petition circulators are properly informed of the laws regulating signature gathering, the Secretary of State’s Elections Division has made its circulator training available online here. This helpful document gives all petition circulators all of the information they need to avoid violations and insure that the signatures they collect are counted.

Once a petition sheet is cleared to be processed, the signature verification process begins. This process includes:

  • comparing the submitted cover and signature sheets to the approved versions
  • verifying that each signature sheet is signed and dated by the circulator
  • verifying that each signature sheet has the approved cover sheet copied on the back
  • using a computer program to determine the actual number of signatures submitted
  • using a computer generated report to randomly select the first and second samples of signatures selected for verification

What happens next?

After completion of signature verification of the first sample, the Elections Division processes and tabulates the results of the first sample and determines whether the initiative qualifies as a measure for the ballot. If the initiative fails to qualify, the elections officials conduct signature verification of the second sample.

After completing the second sample, the Elections Division determines if the initiative has enough valid signatures to qualify for the ballot. If it is determined that the petition has at least the required number of signatures to qualify for the ballot , the petition is assigned a measure number and will appear on the upcoming general election ballot, if not, it is rejected and will not appear on the ballot.

Why it’s important?

The initiative system has given us the eight hour work day, help for veterans, juries for civil trials, the vote for women, direct election of U.S. senators and the presidential primary.  After years of documented fraud and forgery, the Secretary of State’s office has tightened up the rules around signature-gathering to ensure that every initiative that goes before voters is placed there legally and legitimately. If you have further questions about the process, please feel free to drop us a line in the comments!

Initiative Petition 70 Qualifies

Over at our Election Division’s twitter feed, it has been confirmed that Initiative Petition 70 relating to lottery funding for water, parks, and wildlife has qualified for the November 2, 2010 ballot.

The petition required 110,358 valid signatures to qualify for the ballot. Of the 167,258 signatures accepted for verification, the Elections Division determined that 67.69 percent, or 113,218, were valid.

With today’s news, all six proposed Initiative Petitions submitted for the November election have completed the signature verification process. Joining IP 70 on the ballot will be IP 13, IP 28 and IP 77. Each of these will receive a measure number sometime next month.

For the most up to date elections news, please follow Oregon’s Elections Division on twitter @oregonelections and be sure to visit http://www.oregonvotes.org.

Initiative Petitions 13 and 28 Qualify for Nov. 2 Ballot

Today, our elections division announced over their new twitter feed (@oregonelections) that Initiative Petitions 13 and 28 have qualified for the November, 2010 ballot.

Initiative Petition 13, which imposes mandatory minimum sentences for certain major felony sex crimes and driving under the influence convictions, received 93,223 valid signatures.

The other ballot, Initiative Petition 28, which establishes a medical marijuana supply system in addition to assistance and research programs and the limited selling of marijuana, qualified with 85,848 valid signatures.

Our Elections Division has until Aug. 1 to determine which initiative petitions qualify for the ballot. Once that process is complete, each qualified petition will be assigned a measure number in the order in which the completed petitions were submitted for signature verification. Numbering will start with Measure 70, which will be assigned to one of the three referrals sent to the Nov. 2 ballot by the Oregon Legislature. The initiated measure numbers will begin this year with 73.

The results of all initiative petition signature verifications for the 2010 election will become final on Aug. 1, the constitutional deadline to complete signature verification. Until then, any legal challenges or amended verification reports could alter the final numbers.

For all your up-to-date elections information, please check out our elections division’s Twitter feed at http://www.twitter.com/oregonelections

You’ll get insider looks into the initiative petition signature verification process, hear about upcoming events and deadlines and be able to ask elections staff your questions.

An Initiative Signature Round-Up

The final signatures were submitted around 4:30pm today.

The deadline for submitting ballot initiative signatures has come and gone and we have a short round-up of some of the numbers. Today, six citizen initiatives attempting to get on the Nov. 2, 2010 general election ballot submitted final signatures for verification to our Elections Division.

The Elections Division now has until Aug. 1 to determine whether the initiatives qualify for the ballot. Each submission will undergo a statistical sample to establish the number of valid signatures contained within each petition.

Once an initiative petition qualifies for the ballot, the Elections Division assigns a measure number in the order in which the completed petitions were submitted. The numbering will start this year with Measure 70, which will be assigned to one of the three referrals sent to the Nov. 2 ballot by the Oregon Legislature. The initiated measure numbers will begin with 73. Ballot measure numbers are no longer repeated.

The six proposed initiatives are:

Initiative Petition 13

Ballot Title Caption: Imposes mandatory minimum sentences for certain major felony sex crimes and driving under the influence convictions.

Needs: A statutory change requires 82,769 valid signatures to qualify for the ballot.

Status: Of the 94,870 signatures accepted for early verification in May, 70.32 percent, or 66,716, were valid. By Friday, chief petitioners had submitted sheets purported to have 46,471 additional raw signatures.

Initiative Petition 28

Ballot Title Caption: Establishes medical marijuana supply system and assistance and research programs; allows limited selling of marijuana.

Needs: A statutory change requires 82,769 valid signatures to qualify for the ballot.

Status: Of 109,843 signatures accepted for early verification in May, 67.86 percent, or 74,537, were valid. By Friday, chief petitioners had submitted sheets purported to have 22,390 additional raw signatures.

Initiative Petition 50

Ballot Title Caption: Amends Constitution: Transfers legislative redistricting responsibility following census from legislature to new appointed commission of retired judges.

Needs: A constitutional amendment needs 110,358 valid signatures to reach the ballot.

Status: Chief petitioners submitted sheets purported to have 125,948 raw signatures.

Initiative Petition 70

Ballot Title Caption: Amends Constitution: Modifies, indefinitely renews dedication of 15 percent of lottery proceeds to parks and natural resources.

Needs: A constitutional amendment needs 110,358 valid signatures to reach the ballot.

Status: Chief petitioners submitted sheets purported to have 192,678 raw signatures.

Initiative Petition 76

Ballot Title Caption: Amends Constitution: Creates exception to casino ban; legislature must allow one private casino if authorized by initiative.

Needs: A constitutional amendment needs 110,358 valid signatures to reach the ballot.

Status: Chief petitioners submitted sheets purported to have 176,566 raw signatures.

Initiative Petition 77

Ballot Title Caption: Authorizes Multnomah County casino; casino to contribute monthly revenue percentage to state for specified purposes.

Needs: A statutory change requires 82,769 valid signatures to qualify for the ballot.

Status: Chief petitioners submitted sheets purported to have 136,938 raw signatures.

In addition to the ballot measures, there are the three measures, which were referred to the statewide ballot by the Oregon Legislature. Their numbers will be assigned once after completion of the signature verification process for the citizen initiatives.

Referral of  HJR 7

Ballot Title Caption: Constitution: Expands availability of home ownership loans for Oregon veterans through Oregon War Veterans’ Fund.

Referral of  SJR 41

Ballot Title Caption: Amends Constitution: Requires legislature to meet annually; limits length of legislative sessions; provides exceptions.

Referral of  SJR 48

Ballot Title Caption: Amends Constitution: Authorizes lowest-cost borrowing for state’s real and personal property projects.

HB 2082 Stands.

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.”

Questions Arise About Voter’s Pamphlet Arguments

Our Elections Division has received a number of complaints about some of the arguments that made their way into the Voter’s Pamphlet for the upcoming Special Election.

The Albany Democrat Herald explains the stir-up:

The state last week mailed Voters’ Pamphlets to 1.7 million addresses. Backers and opponents paid $500 per statement to the state to have their arguments for and against the measures included.

Kevin Looper of “Our Oregon,” a Portland-based nonprofit, managed to get his arguments supporting the measures — labeled as opposition — placed last in the lineup of arguments against them. He also managed to be first in the opposition column.

This has raised the eyebrows and the ire of a number of Oregon voters, so we wanted to clear any confusion surrounding the process for filing an argument to be placed in the Voter’s Pamphlet and the role of the Secretary of State’s office in that process.

Any individual who files an argument to be printed in the voters’ pamphlet indicates on the filing form whether the argument submitted is in support or opposition to the measure. All arguments are printed in the voters’ pamphlet in the order they are received by our office. Our office then reviews each argument and if it appears that the information regarding a measure number or the designation of whether the argument supports or opposes the measure is incorrect, we contact the author to inquire if they made an error. If the author advises us that it is not an error, we are required to place the argument in the voters’ pamphlet as they have indicated, and in the order received in our office. This process is outlined and dictated by state law in ORS 251.260.

The Secretary of State’s Office does not have the legal authority to verify a given statement’s accuracy nor to edit it for content.

A recent article from the Oregonian provides a little historical background on the topic:

Here’s something to keep in mind: The secretary of state has compiled Voters’ Pamphlets since 1903. It’s a long tradition meant to help the public make important decisions. But, by law, the secretary of state cannot verify the truth and accuracy of statements in the pamphlet.

“We have a pretty strong constitutional protection of free speech in this state,” Secretary of State Kate Brown said Saturday.

Instead of state-issued statements, Brown said the Voters’ Pamphlet provides Oregonians “with a full range of arguments.”

Don’t be surprised if you detect some sarcasm and satire among those statements. The lead-off “argument” in opposition to Measure 66 was submitted by Kevin Looper, who is helping to coordinate the “pro” campaign.

In one of the most outrageous examples, in 2004, the phony “Defense of Heterosexual Breeding Coalition” put a statement in the pamphlet in support of Measure 36, a constitutional amendment recognizing that marriage can only be between a man and a woman.

We hope that this clears up any misconceptions that may be out there about this process. If you have any further questions, go ahead and leave us a comment below.

Oregon Secretary of State Brown – 20 Push-ups

Source: a href=A few years back, when I was still a State Senator, I attended a workshop, which was put on by the Council of State Governments regional arm, CSG-West, an organization I also chaired for a year.

This particular workshop was focused on how legislators can build  credibility –through improved accountability– with their constituents. At the outset of the workshop, the keynote speaker asked who in this room of legislators could do 20 push-ups. Thinking nothing of it and being the eager beaver that I am, I quickly raised my hand as did a few others.

The speaker then spent the next 15 minutes talking about some key functions of building and maintaining accountability with constituents,  delivering on campaign promises and engaging groups back inside the district.

With that lesson delivered, the speaker conducted a little real-world experiment, recalling the claim I and a few others had made regarding these 20 push-ups. She invited me and one other legislator, a gentleman from New Mexico, up to do the 20 push-ups we had promised her we could do. This was a moment of truth.

The good news for Oregon; I did them pretty easily. The bad news for New Mexico; their legislator couldn’t do his.

This drove the message home for me: If you’re going to commit to something during the campaign, you need to make absolutely sure that you can deliver on them once you’ve been elected.

When I was running for this office, I made three major promises to the voters of this state:

  1. That I was going to restore integrity to the initiative process
  2. That I was going to undertake a comprehensive civic engagement program
  3. That I was going to focus our work in the Audits division on performance auditing

When I took office, I remembered that day when I was called up to do 20 push-ups. Taking a high profile position in State government, I knew that I was going to be held to my word on the campaign trail, so I started right in, working on fulfilling those promises.

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