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State: Oregon City recall didnt violate election law

Signature gatherers encouraged petition to end Nicita's opposition to The Rivers development

The Oregon secretary of state's office determined last week that petitioners in the Dec. 6 recall of Oregon City Commissioner Jim Nicita did not violate election law by connecting signatures to bringing back a sports superstore.

State investigators found that, while the motivation of some petitioners was to 'bring back Cabela's,' as shown in a photo submitted as an exhibit in the original complaint, the signature gatherers also encouraged signatures to remove Nicita's opposition to The Rivers development.

'It does not appear that circulators knowingly made false statements about the fact that the petition was to recall,' wrote Alana Cox, an investigator for the state's Election Division, in a letter dated Dec. 15 to Chief Petitioner Rex Parks.

Under state law, 'No person attempting to obtain signatures on ... a recall petition shall knowingly make any false statement regarding the contents, meaning or effect of the petition to any person who signs it.'