Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that prohibits individuals from intentionally communicating false election information.

Highlights:

• Defines “imitation voters’ pamphlet” as a document that imitates the physical characteristics or appearance of a voters’ pamphlet or a portion of a voters’ pamphlet published by the Secretary of State or county clerk and likely misleads or confuses a reasonable person as to whether the document is an official voters’ pamphlet or a portion of an official voters’ pamphlet in the absence of the required statement (Sec. 5-2.a).

• Prohibits a person from causing to be written, printed, published, posted, communicated or circulated, including by electronic or telephonic means, any letter, circular, bill, placard, poster, photograph or other publication, or cause any advertisement to be placed in a publication, or singly or with others pay for any advertisement or circulate an advertisement by electronic or telephonic means, with the knowledge or with reckless disregard that the item contains a false statement of material fact that is intended to mislead electors regarding (Sec. 2-1):

• The date of the election;

• The deadline for depositing a ballot in order for the ballot to be tallied;

• The voter registration deadline;

• The methods by which an elector may register to vote;

• The locations at which an elector may deposit a ballot in order for the ballot to be tallied;

• The qualifications an individual must meet to be eligible to vote in an election; or

• An elector’s voter registration status.

• Authorizes the Secretary of State to institute proceedings to enjoin any violation of this law, except that in the case of a violation by the Secretary of State or a candidate for the office of the Secretary of State, the Attorney General may institute proceedings to enjoin any violation (Sec. 2-4).

• Specifies if the Secretary of State believes after an investigation that a violation of an election law or rule has occurred, the secretary (Sec. 3-4):

• In the case of a violation that is subject to a penalty, immediately report the findings to the Attorney General and request prosecution. If the violation involves the Attorney General, a candidate for that office or a political committee or person supporting or opposing the Attorney General or a candidate for that office, the Secretary of State shall appoint another prosecutor for that purpose;

• In the case of a violation not subject to a penalty impose a civil penalty; or

• In the case of any violation, institute civil proceedings.

• Requires a filing officer to proceed under this law no later than 2 years following the election at which a violation of an election law or rule is alleged to have occurred, or 2 years following the date the violation of an election law or rule is alleged to have occurred, whichever is later (Sec. 3-8).

• Authorizes the court to impose a civil penalty of not more than $10,000. All penalties recovered under this law will be paid to the State Treasury and credited to the General Fund (Sec. 5-2).

• Establishes the following if a person prints or circulates an imitation voters’ pamphlet, including by electronic means (Sec. 5-2.b):

• The imitation voters’ pamphlet must state the following: “THIS IS NOT THE OFFICIAL VOTERS’ PAMPHLET.” The statement on the imitation voters’ pamphlet must be in bold print that is at least 36-point type; and

• For an imitation voters’ pamphlet that is circulated electronically, the statement must be in bold print in a typeface of contrasting color and in a font size that is at least three times as large as the font size used for the majority of the text in the imitation voters’ pamphlet.

Full Bill Text