Home Opinion Be careful, voters

Be careful, voters

Written by Baker City Herald Editorial Board October 30, 2009 06:31 am

It turns out that committing a felony is easier than a lot of people knew.

All you need is a pen.

We include ourselves on the list of those unaware.

We did not know, before the recent City Council recall election, that a person who signs a recall or initiative petition more than once has potentially committed a Class C felony.

The maximum penalties are five years in prison and a $125,000 fine.

According to the Baker County Clerk’s office, 21 people signed one or both of the City Council recall petitions more than once.

It’s unlikely that any of those voters will be prosecuted, or even charged with a crime.

A spokesman from the Secretary of State’s office said the state rarely files criminal charges in such cases because it’s difficult to prove, as the law requires, that a person “knowingly” signed a petition more than once.

We understand why the Legislature made the offense a felony — ensuring the fairness of elections is one of the government’s most vital duties.

Fortunately, it seems that the law isn’t absolutely necessary to safeguard the process.

The County Clerk’s office checks each petition sheet for repeat signatures; and since duplicates don’t count toward the total required to put an issue on the ballot, none of the 21 voters gained an advantage by signing twice.

Still and all, the law is quite explicit. And as the results from the recent recall show, voters need to be more careful.

The Secretary of State’s office can help by exercising its powers of deterrence. Specifically, the agency can fine violators as much as $250 — even if no criminal charges are filed.

If the law (ORS 260.555(4)) is to mean anything, then the state needs to consider imposing the civil fine against violators.