Notice of Proposed Rulemaking - Elections Division - OAR Chapter 165 Divisions -010, -012, -013

Secretary of State Elections Division 255 Capitol St. NE, Suite 500  Salem OR 97310 oregonvotes.gov

Contact: elections.sos@oregon.gov | 503-986-1518 | Toll Free 1-866-673-VOTE

NOTICE OF PROPOSED RULEMAKING

CHAPTER 165

SECRETARY OF STATE, ELECTIONS DIVISION

FILING CAPTION: Proposing amendments related to filling vacancies and to both Candidate Manuals.

LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 07/19/2018  4:00 PM

HEARING(S):

DATE: 06/26/2018

TIME: 2:00 PM - 4:00 PM

OFFICER: Eric Jorgensen, Deputy Director

ADDRESS: Public Service Building

255 Capitol St. NE

Suite 501, Room 500A

Salem, OR 97310

SPECIAL INSTRUCTIONS:

Please contact the Elections Division if accommodations are needed.

NEED FOR THE RULE(S):

The proposed amendments update deadlines, and provide clarification about the forms and processes to be used in filling vacancies. Necessary changes based on SB 1510 (2018) are also proposed.

DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:

SB 1510 (2018) is available on the Oregon Legislature website. Existing Elections Division forms and manuals are available on the Secretary of State's website.

FISCAL AND ECONOMIC IMPACT:

The proposed amendments may cause minimal fiscal or economic impact to state agencies, local government, or the public.

COST OF COMPLIANCE:

(1) Identify any state agencies, units of local government, and members of the public likely to be economically affected by the rule(s). (2) Effect on Small Businesses: (a) Estimate the number and type of small businesses subject to the rule(s); (b) Describe the expected reporting, recordkeeping and administrative activities and cost required to comply with the rule(s); (c) Estimate the cost of professional services, equipment supplies, labor and increased administration required to comply with the rule(s).

(1) There may be a minimal fiscal impact for the Elections Division for answering questions regarding compliance with these rules, or for other unanticipated reasons. There may be a minimal fiscal impact for members of the public who must take action to comply with these rules. (2)(a) There may be a minimal fiscal impact for an unknown number of businesses involved in activities which would require them to comply with these rules. (2)(b) The cost that any business, required to comply with these rules, may be responsible for is dependent upon specific circumstances and cannot readily be determined. (2)(c) The cost that any business, required to comply with these rules, may be responsible for is dependent upon specific circumstances and cannot readily be determined.

DESCRIBE HOW SMALL BUSINESSES WERE INVOLVED IN THE DEVELOPMENT OF THESE RULE(S):

They were not, as these amendments do not directly impact small businesses.

WAS AN ADMINISTRATIVE RULE ADVISORY COMMITTEE CONSULTED?  NO   IF NOT, WHY NOT? The fiscal impact due to the proposed changes is expected to be minimal, at most.  Additionally, the proposed amendments streamline related processes and provide clarification to those engaged with the Elections Division. 

CONTACT:

Michelle Teed

503-986-1518

elections.sos@oregon.gov

255 Capitol St. NE

Suite 501, Room 500A

Salem,OR 97310

RULES PROPOSED:

165-010-0005, 165-010-0060, 165-010-0070

AMEND: 165-010-0005

RULE TITLE: Designating the Candidate’s Manual, Minor Political Party Manual and Forms

RULE SUMMARY: The proposed amendments are to the State Candidate's Manual and the County, City, District Candidate's Manual. No changes to the Political Party Manual are proposed so it is not reattached here.  The proposed revisions to the Candidate Manuals relate to SB 1510 (2018), which can be found on the Oregon Legislature website.

RULE TEXT:

(1) The Secretary of State designates the State Candidate's Manual revised 05/31/2018 and associated forms as the procedures and forms to be used by candidates filing and running for a federal or state office as that term is defined in ORS 249.002(10).

(2) The Secretary of State designates the County, City, and District Candidate's Manual revised 05/31/2018 and associated forms as the procedures and forms to be used by candidates filing and running for elected office in a county, city or district.

(3) The Secretary of State designates the Political Party Manual revised 01/2018 and associated forms as the procedures and forms to be used to form a minor political party and nominate candidates for elective office. This manual also includes information on qualifying as a major political party and a party's obligation to file organizational documents.

STATUTORY/OTHER AUTHORITY: ORS 249.009, 248.008, 249.031, 249.190, 249.200, 249.205, 249.215, 249.720, 249.722, 249.842, 251.012, 251.014, 260.345, 246.150

STATUTES/OTHER IMPLEMENTED: ORS 249.009, 248.008

NOTICE OF PROPOSED RULEMAKING

CHAPTER 165

SECRETARY OF STATE, ELECTIONS DIVISION

FILING CAPTION: Amending 165-012-0005 to adopt an updated Campaign Finance Manual.

LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 07/19/2018  4:00 PM

HEARING(S):

DATE: 06/26/2018

TIME: 2:00 PM - 4:00 PM

OFFICER: Eric Jorgensen, Deputy Director

ADDRESS: Public Service Building

255 Capitol St. NE

Suite 501, Room 500A

Salem, OR 97310

SPECIAL INSTRUCTIONS:

Please contact the Elections Division if accommodations are needed.

NEED FOR THE RULE(S):

The proposed amendment would adopt an updated version of the Campaign Finance Manual. Changes are proposed to implement SB 1510 (2018), and to provide additional clarifications.

DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:

SB 1510 (2018) is available on the Oregon Legislature website.  Current Elections Division manuals and forms can be found on the Secretary of State's website.

FISCAL AND ECONOMIC IMPACT:

The proposed amendments may cause minimal fiscal or economic impact to state agencies, local government, or the public.

COST OF COMPLIANCE:

(1) Identify any state agencies, units of local government, and members of the public likely to be economically affected by the rule(s). (2) Effect on Small Businesses: (a) Estimate the number and type of small businesses subject to the rule(s); (b) Describe the expected reporting, recordkeeping and administrative activities and cost required to comply with the rule(s); (c) Estimate the cost of professional services, equipment supplies, labor and increased administration required to comply with the rule(s).

(1) There may be a minimal fiscal impact for the Elections Division for answering questions regarding compliance with these rules, or for other unanticipated reasons. There may be a minimal fiscal impact for members of the public who must take action to comply with these rules. (2)(a) Because individuals, not businesses, are typically assessed penalties, it is not expected that these amendments will impact small businesses. However, there may be a minimal indirect fiscal impact for an unknown, but likely small number of businesses involved in activities which would require them to comply with these rules. (2)(b) The cost that any business, required to comply with these rules, may be responsible for is dependent upon specific circumstances and cannot readily be determined. (2)(c) The cost that any business, required to comply with these rules, may be responsible for is dependent upon specific circumstances and cannot readily be determined.

DESCRIBE HOW SMALL BUSINESSES WERE INVOLVED IN THE DEVELOPMENT OF THESE RULE(S):

They were not, as these rules do not directly affect small businesses.

WAS AN ADMINISTRATIVE RULE ADVISORY COMMITTEE CONSULTED?  NO   IF NOT, WHY NOT? The fiscal impact due to the proposed changes is expected to be minimal, at most.  Additionally, the proposed amendments are necessitated in part by SB 1510 (2018), and make other clarifications to assist individuals engaged with the Elections Division.

CONTACT:

Michelle Teed

503-986-1518

elections.sos@oregon.gov

255 Capitol St. NE

Suite 501, Room 500A

Salem,OR 97310

AMEND: 165-012-0005

RULE TITLE: Designating the Campaign Finance Manual and Forms

RULE SUMMARY: The proposed amendments would update the Campaign Finance Manual to make changes necessary to implement SB 1510 (2018), and to make other clarifications.

RULE TEXT:

The Secretary of State designates the Campaign Finance Manual revised 05/31/2018 and associated forms as the procedures and forms to be used for compliance with Oregon campaign finance regulations.

STATUTORY/OTHER AUTHORITY: ORS 246.150, 260.156, 260.200, ORS 260.044, 260.046, 260.049, 260.057, 260.083, 260.095, 260.118

STATUTES/OTHER IMPLEMENTED: ORS 260.044, 260.046, 260.049, 260.057, 260.083, 260.118, 260.005, 260.007, 260.035, 260.037, 260.038, 260.039, 260.041, 260.042, 260.043, 260.045, 260.054, 260.055, 260.056, 260.076, 260.078, 260.085, 260.102, 260.112, 260.145, 260.232, 260.995

NOTICE OF PROPOSED RULEMAKING

CHAPTER 165

SECRETARY OF STATE, ELECTIONS DIVISION

FILING CAPTION: Proposing minor corrections, and the addition of statutory references and clarifying language to Appendix A.

LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 07/19/2018  4:00 PM

HEARING(S):

DATE: 06/26/2018

TIME: 2:00 PM - 4:00 PM

OFFICER: Eric Jorgensen, Deputy Director

ADDRESS: Public Service Building

255 Capitol St. NE

Suite 501, Room 500A

Salem, OR 97310

SPECIAL INSTRUCTIONS:

Please contact the Elections Division if accommodations are needed.

NEED FOR THE RULE(S):

The proposed amendments to the text of the rules are minor corrections.  The proposed amendments to Appendix A incorporate statutory references and add clarifying language. No revisions to Appendix B are proposed, so it has not been reattached.

DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE:

None.

FISCAL AND ECONOMIC IMPACT:

The proposed amendments may cause minimal fiscal or economic impact to state agencies, local government, or the public.

COST OF COMPLIANCE:

(1) Identify any state agencies, units of local government, and members of the public likely to be economically affected by the rule(s). (2) Effect on Small Businesses: (a) Estimate the number and type of small businesses subject to the rule(s); (b) Describe the expected reporting, recordkeeping and administrative activities and cost required to comply with the rule(s); (c) Estimate the cost of professional services, equipment supplies, labor and increased administration required to comply with the rule(s).

(1) There may be a minimal fiscal impact for the Elections Division for answering questions regarding compliance with these rules, or for other unanticipated reasons. There may be a minimal fiscal impact for members of the public who must take action to comply with these rules. (2)(a) There may be a minimal fiscal impact for an unknown number of businesses involved in activities which would require them to comply with these rules. (2)(b) The cost that any business, required to comply with these rules, may be responsible for is dependent upon specific circumstances and cannot readily be determined. (2)(c) The cost that any business, required to comply with these rules, may be responsible for is dependent upon specific circumstances and cannot readily be determined.

DESCRIBE HOW SMALL BUSINESSES WERE INVOLVED IN THE DEVELOPMENT OF THESE RULE(S):

They were not, as the proposed amendments do not directly affect small businesses.

WAS AN ADMINISTRATIVE RULE ADVISORY COMMITTEE CONSULTED?  NO   IF NOT, WHY NOT? The proposed amendments add clarification for those engaged with the Elections Division, and there is expected to be a minimal fiscal impact, if any.

CONTACT:

Michelle Teed

503-986-1518

elections.sos@oregon.gov

255 Capitol St. NE

Suite 501, Room 500A

Salem,OR 97310

RULES PROPOSED:

165-013-0010, 165-013-0020

AMEND: 165-013-0010

RULE TITLE: Penalty Matrix for Other Campaign Finance Violations

RULE SUMMARY: OAR 165-013-0010 is submitted for a minor amendment to correct a typo in Section (2)(e), and to incorporate statutory references and clarifying language in Appendix A.

RULE TEXT:

(1) This penalty matrix applies to civil penalties for campaign finance violations not covered by the penalty matrices in the Campaign Finance Manual.

(2) Mitigating Circumstances. The only mitigating circumstances that will be considered in a campaign finance violation covered by this rule include:

(a) The violation is a direct result of a valid personal emergency of the candidate, treasurer, alternate transaction filer, or independent expenditure filer. A valid personal emergency is an emergency, such as a serious personal illness or death in the immediate family of the candidate, treasurer, alternate transaction filer, or independent expenditure filer which caused the violation to occur. A valid personal emergency does not include a common cold or flu, or a long-term illness where other arrangements could have been made. In this case, independent written verification must be provided;

(b) The violation is the direct result of an error by the elections filing officer;

(c) The violation is the direct result of clearly-established fraud, embezzlement, or other criminal activity against the committee, committee treasurer, candidate, alternate transaction filer, or independent expenditure filer, as determined in a criminal or civil action in a court of law or independently corroborated by a report of a law enforcement agency or insurer or the sworn testimony or affidavit of an accountant or bookkeeper or the person who actually engaged in the criminal activity. This mitigating circumstance does not apply to the treasurer, candidate, alternate transaction filer, or independent expenditure filer who was the perpetrator of the wrongdoing described above;

(d) The violation is the direct result of fire, flood, utility failure or other calamitous event, resulting in physical destruction of, or inaccessibility to, campaign finance records. ("Calamitous event" means a phenomenon of an exceptional character, the effects of which could not have been reasonably prevented or avoided by the exercise of due care or foresight);

(e) The violation is the direct result of failure of a professional delivery service to deliver documents in the time guaranteed for delivery by written receipt of the service provider. This does not include delivery by fax.

(3)(a) Penalty Matrix. These mitigating circumstances may be considered in reducing, in whole or in part, the civil penalty. If the violation is a direct result of an error by the elections filing officer, the violation is waived and no penalty is assessed.

(b) For the purpose of issuing a proposed penalty notice and subsequent imposition of a civil penalty for any violation in Appendix A of this rule, the candidate of a principal campaign committee, the treasurer of a political action committee, the treasurer of a petition committee, or the independent expenditure filer is the party named in a proposed penalty notice and is the party responsible for the payment of any civil penalty if a penalty is assessed. This subsection does not prohibit another person from paying the civil penalty.

(c) For purposes of determining penalty amounts for violations of campaign finance violations covered by this rule Appendix A of this rule will apply.

STATUTORY/OTHER AUTHORITY: ORS 246.150, 260.200

STATUTES/OTHER IMPLEMENTED: ORS 260.995, ORS 260.200, 260.215, 260.232

AMEND: 165-013-0020

RULE TITLE: Penalty Matrix for Non-Campaign Finance Civil Penalty Election Law Violations

RULE SUMMARY: OAR 165-013-0020 is submitted for amendment to remove outdated and inapplicable language.  No changes are proposed to Appendix B. 

RULE TEXT:

(1)(a) This penalty matrix applies to civil penalties for violations of election laws that are not covered by the penalty matrices in the Campaign Finance Manual (late and insufficient campaign finance transactions), or other campaign finance violations as outlined in 165-013-0010.

(b) The penalty amount will be calculated against the same person, candidate or entity as described below for a period of four years from the date the violation occurs, for any election law violation, other than campaign finance violations covered in the penalty matrices in the Campaign Finance Manual and other campaign finance violations as outlined in 165-013-0010.

(c) In determining whether the offense is to be considered against the same person, candidate or entity, the following factors are to be considered:

(A) A person is considered the same candidate, regardless of the office(s) for which the person runs within this state, or whether there is a lapse in time between candidacies.

(B) A political committee is considered the same, regardless of who the treasurer is, or if the political committee has changed names but is established by the same group of persons.

(C) The same individual.

(d) When determining whether the offense is to be considered a single or multiple violations, the following factors are to be considered:

(A) One occurrence is considered one violation.

(B) Violations of Article IV, Section 1(b) will be calculated by deeming each individual signature sheet that contains signatures that were collected in violation of Section 1(b) as a single occurrence.

(C) Violations of ORS 260.569 will be calculated by deeming each individual signature sheet that contains a signature a violation of ORS 260.569 or each signed voter registration card in violation of ORS 260.569 as a single occurrence.

(2) Mitigating Circumstances: The burden is on the person alleged to have committed the election law violation to show that a mitigating circumstance exists and caused the election law violation. The only mitigating circumstances which will be considered, if applicable to the specific situation, include:

(a) The violation is a direct result of a valid personal emergency of the involved person(s). A valid personal emergency is an emergency such as a serious personal illness or death in the immediate family of the involved person(s). Personal emergency does not include a common cold or flu, or a long-term illness where other arrangements could have been made. In this case, independent written verification must be provided;

(b) The violation is the direct result of an error by an elections officer;

(c) The violation is the direct result of fire, flood or other calamitous event, resulting in physical destruction of, or inaccessibility to, any records required to be kept to document compliance with Oregon election law. ("Calamitous event" means a phenomenon of an exceptional character, the effects of which could not have been reasonably prevented or avoided by the exercise of due care or foresight);

(3)(a) Penalty Matrix. These mitigating circumstances may be considered in reducing, in whole or in part, the civil penalty. If the violation is a direct result of an error by an elections officer, the violation is waived and no penalty is assessed.

(b) For purposes of determining penalty amounts for violations of non-campaign finance civil penalty election law violations, Appendix B of this rule will apply.

[ED. NOTE: Appendices referenced are available from the agency.]

STATUTORY/OTHER AUTHORITY: ORS 246.150

STATUTES/OTHER IMPLEMENTED: ORS 260.995

Notice filings showing proposed changes in Tracked Changes format are available by contacting the Elections Division. 

Michelle Teed

Oregon Elections Division

Phone: (503) 986-2341

Email: michelle.teed@oregon.gov