Election Law Complaint Filed Over Anti-Gay Petition Gatherers

Posted: September 6, 2007 - 1:00 pm ET

(Portland, Oregon) Oregon's Secretary of State has been asked to investigate two groups collecting signatures to overturn LGBT civil rights laws in the state.

The complaint, filed by Ellen Lowe, a longtime activist for "clean elections" in Oregon, claims that 'Concerned Oregonians' and ' Defense of Marriage and Family Again!' are misleading the public to solicit contributions for the repeal effort.

According to the complaint the two groups are claiming that contributions to their efforts are eligible for a "dollar-for-dollar" political tax credit of up to $100.

Oregon's political tax credits are not allowed for signature-gathering efforts, Lowe's attorney said.

Under Oregon law only contributions made to legitimate ballot measure and candidate campaigns are eligible for Oregon's Political Tax Credit.

Concerned Oregonians, which has been soliciting support and donations from individuals and churches, is not a political action committee the complaint says.

The filing with the Secretary of State's office also notes that Defense of Marriage is not a campaign or ballot measure committee and donations to its efforts are not eligible for the credit.

The complaint also notes that Concerned Oregonians claims to be a co-sponsor of the referenda, and is collecting donations based upon that assertion, when it is not.

"We are very concerned that these groups are misleading donors and failing to comply with the law," said John Hummel, Executive Director of Basic Rights Oregon. "These groups are advising churches and voters on election law, but they aren't following the laws themselves."

The umbrella group of conservative organizations behind the proposed ballot measure tells the Oregonian newspaper that Concerned Oregonians is not part of the effort.

To put a repeal issue on the ballot the signatures of 55,179 registered voters are required.

One of the laws the groups seek to overturn is a partnership law that grants rights, responsibilities and protections afforded to other Oregon couples and their families currently only available through a marriage contract in Oregon. It would be open to both same and opposite-sex couples.

The other law would amend the state's non-discrimination laws to prohibit discrimination based on sexual orientation in housing, employment, public accommodation, education and public services statewide.

The two pieces of legislation were signed into law May 9 by Gov. Ted Kulongoski and are to take effect January 1. If the repeal groups should gather enough signatures to force a vote the laws would be put on hold until after next November's election.

Oregon's campaign finance laws require the registration of political committees and the disclosure of campaign contributions to ensure clean and transparent elections. By failing to comply with the laws, Concerned Oregonians is able to conceal its financial donors from public scrutiny.

"Just like Oregon's family fairness and anti-discrimination laws, our election laws are here to guarantee fairness and a level playing field to all Oregonians," Hummel said. "What if their supporters follow their advice and falsely claim the tax credit? These groups have to follow rules just like everyone else."

Last month a newly formed LGBT group said it is planning to put the names and addresses of people who sign the petitions on a national Web site. (story)

The names, once submitted to the state, are public property.

That's almost as bad as lying to the Red Cross