Is the giving of the promise of leverage of one's five dollar bill the giving of a "thing of value" with the intent to induce any person to "be [] a candidate" or "[c]ontribute [] to any candidate[?]"
See ORS 260.665(2)-(3) and 260.993(2); class C felony. See Oregon Republican Party v. State of Oregon 78 Or App 601 (1986). (I wouldn't want to waste a stamp, to the Secretary of State.)
"A person may not solicit or accept [this] thing of value as an inducement to [be a candidate or contribute to any candidate]." ( ORS 260.665)
The importance of the characterization as a violation subject to ORS 260.993 is amply described in ORS 260.345.
This is distinct from the ORS 260.432 issue of prohibited public employee activity.
I surely hope Mr. Branam doesn't think I would not throw the kitchen sink at this thing, if given half a chance.
The Fed 28 payment to Mr. Busse also looks like it was payment of a bet on Mr. Branam's attainment of the city check on Feb 26, for work performed but not billed before such time. See ORS 260.635, with reference to "any event relating" to "pending election." Is there any record of any billing by Mr. Busse to Mr. Branam that precedes Feb 26? I'd bet that the odds are very low, given the subsequent efforts to clean up the documentation of the work later; up to and including the Friday demand for submission of yet more documentation to the Auditor by 5PM today.
(This is just a morning fur ball . . . more to follow.)
9:30 PM update - - -
The Facts:
John Branam contract with Phil Busse and Beth Roberts (posted at Portland Mercury)
In part:
MEMORANDUM
Date: 28 March 2008
To: Andrew Carlstrom, City Election Officer
From: John Branam, John4PDX
Re.: Request for Additional InformationRequest: Agreements Between John4PDX and staff members
The contract between John4PDX and Phil Busse is included as Attachment A. This attachment reflects an on-going service agreement between parties and reflects an
original oral agreement.Request: Agreements Between John4PDX and staff members
The contract between John4PDX and Beth Roberts, field director, is included as Attachment B.
=== . . . ===
With the exception Phil, the payment of staff was accomplished until February 21, 2008 (date of certification) by seed money. During this time, staff members worked at an hourly rate. Phil volunteered.
=== . . . ===
ATTACHMENT A: Contract with Phil Busse, campaign manager
SERVICE AGREEMENT=== . . . ===
"Such agreement shall commence once and if candidate John Branam is certified as a Voter Owned Candidate as deemed by the City of Portland Auditor’s Office. If such event does not occur, the terms of this agreement are null and void."
=== . . . ===
ATTACHMENT B: Contract with Beth Roberts, field manager
SERVICE AGREEMENT
=== . . . ===
"Such agreement shall commence once and if candidate John Branam is certified as a Voter Owned Candidate as deemed by the City of Portland Auditor’s Office. If such event does not occur, the terms of this agreement are null and void."
What date were these signed?
The Law:
ORS 260.635 Bets and wagers on election results. (1) No candidate shall make or become party to a bet of anything of pecuniary value on any event or contingency relating to a pending election. No candidate shall provide money or other thing of value to be used by any person in betting upon the results of a pending election.
(2) No person, to influence the result of any election, shall make a bet of anything of pecuniary value on the result of a pending election, or on any event relating to it. [Formerly 260.482]

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