Oregon Administrative Rules
Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION
Division 13 - ELECTION OFFENSES
Section 165-013-0020 - Penalty Matrix for Non-Campaign Finance Civil Penalty Election Law Violations
Universal Citation: OR Admin Rules 165-013-0020
Current through Register Vol. 63, No. 3, March 1, 2024
(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.
To view tables referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 246.150
Statutes/Other Implemented: ORS 260.995
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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