165-013-0020 Penalty Matrix for Non-Campaign Finance Civil Penalty Election Law Violations (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: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 246.150 Statutes/Other Implemented: ORS 260.995 History: ELECT 15-2018, amend filed 08/08/2018, effective 08/08/2018 ELECT 3-2016, f. & cert. ef. 7-6-16 ELECT 19-2015, f. 12-31-15, cert. ef. 1-1-16 ELECT 6-2012, f. & cert. ef. 1-3-12 ELECT 31-2009, f. & cert. ef. 12-31-09 ELECT 9-2009, f. & cert. ef. 5-4-09 ELECT 15-2007, f. cert ef. 12-31-07 ELECT 16-2005, f. & cert. ef. 12-30-05 ELECT 22-2003, f. & cert. ef. 12-5-03 ELECT 14-2000, f. 7-31-00, cert. ef. 8-4-00