As used in this chapter:
(1)(a) "Candidate" means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is expected to
be or has been presented, with the individual's consent, for nomination
or election to public office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an individual,
organization, political party or political committee to solicit or
receive and accept a contribution or make an expenditure on the
individual's behalf to secure nomination or election to any public office
at any time, whether or not the office for which the individual will seek
nomination or election is known when the solicitation is made, the
contribution is received and retained or the expenditure is made, and
whether or not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has been
completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.159,
"candidate" does not include a candidate for the office of precinct
committeeperson.
(2) "Committee director" means any person who directly and
substantially participates in decision-making on behalf of a political
committee concerning the solicitation or expenditure of funds and the
support of or opposition to candidates or measures. The officers of a
political party shall be considered the directors of any political party
committee of that party, unless otherwise provided in the party's bylaws.
(3)(a) Except as provided in ORS 260.007, "contribute" or
"contribution" includes:
(A) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of money,
services other than personal services for which no compensation is asked
or given, supplies, equipment or any other thing of value:
(i) For the purpose of influencing an election for public office or
an election on a measure, or of reducing the debt of a candidate for
nomination or election to public office or the debt of a political
committee; or
(ii) To or on behalf of a candidate, political committee or
measure; and
(B) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
(b) Regarding a contribution made for compensation or consideration
of less than equivalent value, only the excess value of it shall be
considered a contribution.
(4)(a) "Controlled committee" means a political committee that, in
connection with the making of contributions or expenditures:
(A) Is controlled directly or indirectly by a candidate or a
controlled committee; or
(B) Acts jointly with a candidate or controlled committee.
(b) For purposes of this subsection, a candidate controls a
political committee if:
(A) The candidate, the candidate's agent, a member of the
candidate's immediate family or any other political committee that the
candidate controls has a significant influence on the actions or
decisions of the political committee; or
(B) The candidate's principal campaign committee and the political
committee both have the candidate or a member of the candidate's
immediate family as a treasurer or director.
(5) "County clerk" means the county clerk or the county official in
charge of elections.
(6) "Elector" means an individual qualified to vote under section
2, Article II of the Oregon Constitution.
(7) Except as provided in ORS 260.007, "expend" or "expenditure"
includes the payment or furnishing of money or anything of value or the
incurring or repayment of indebtedness or obligation by or on behalf of a
candidate, political committee or person in consideration for any
services, supplies, equipment or other thing of value performed or
furnished for any reason, including support of or opposition to a
candidate, political committee or measure, or for reducing the debt of a
candidate for nomination or election to public office. "Expenditure" also
includes contributions made by a candidate or political committee to or
on behalf of any other candidate or political committee.
(8) "Filing officer" means:
(a) The Secretary of State, regarding a candidate for any state
office or any office to be voted for in the state at large or in a
congressional district or regarding a measure to be voted on in the state
at large.
(b) The county clerk, regarding a candidate for any county office
or any district or precinct office within the county, or regarding a
measure to be voted for in one county or in a district situated wholly
within one county.
(c) The chief city elections officer, regarding a candidate for any
city office, or a measure to be voted for in a city only.
(d) The county clerk of the county in which the office of the chief
administrative officer or administrative board is located regarding a
candidate for office for any district or regarding a measure to be voted
on in a district, when the district is situated in more than one county.
(e) In the case of an irrigation district formed under ORS chapter
545:
(A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the proposed
district is situated wholly in one county;
(B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located, regarding
any candidate for office or any measure at an irrigation district
formation election where the proposed district is situated in more than
one county; or
(C) The secretary of the irrigation district for any election other
than an irrigation district formation election.
(9) "Independent expenditure" means an expenditure by a person for
a communication in support of or in opposition to a clearly identified
candidate or measure that is not made with the cooperation or with the
prior consent of, or in consultation with, or at the request or
suggestion of, a candidate or any agent or authorized committee of the
candidate, or any political committee or agent of a political committee
supporting or opposing a measure. For purposes of this subsection:
(a) A communication is "in support of or in opposition to" a
candidate or measure if:
(A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly identified
candidate for nomination or election to public office, or the passage or
defeat of a clearly identified measure;
(B) The communication, as a whole, seeks action rather than simply
conveying information; and
(C) It is clear what action the communication advocates.
(b) "Agent" means any person who has:
(A) Actual oral or written authority, either express or implied, to
make or to authorize the making of expenditures on behalf of a candidate
or on behalf of a political committee supporting or opposing a measure; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize expenditures.
(c) "Clearly identified" means, with respect to candidates:
(A) The name of the candidate involved appears;
(B) A photograph or drawing of the candidate appears; or
(C) The identity of the candidate is apparent by unambiguous
reference.
(d) "Clearly identified" means, with respect to measures:
(A) The ballot number of the measure appears;
(B) A description of the measure's subject or effect appears; or
(C) The identity of the measure is apparent by unambiguous
reference.
(e) "Made with the cooperation or with the prior consent of, or in
consultation with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate, or any political
committee or agent of a political committee supporting or opposing a
measure":
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent, or by any political committee or
agent of a political committee supporting or opposing a measure, prior to
the publication, distribution, display or broadcast of the communication.
An expenditure shall be presumed to be so made when it is:
(i) Based on information about the plans, projects or needs of the
candidate, or of the political committee supporting or opposing a
measure, and provided to the expending person by the candidate or by the
candidate's agent, or by any political committee or agent of a political
committee supporting or opposing a measure, with a view toward having an
expenditure made; or
(ii) Made by or through any person who is or has been authorized to
raise or expend funds, who is or has been an officer of a political
committee authorized by the candidate or by a political committee or
agent of a political committee supporting or opposing a measure, or who
is or has been receiving any form of compensation or reimbursement from
the candidate, the candidate's principal campaign committee or agent or
from any political committee or agent of a political committee supporting
or opposing a measure; and
(B) Does not include providing to the expending person upon request
a copy of this chapter or any rules adopted by the Secretary of State
relating to independent expenditures.
(10) "Initiative petition" means a petition to initiate a measure
for which a prospective petition has been filed but that is not yet a
measure.
(11) "Judge" means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court.
(12) "Mass mailing" means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail that is
sent in response to an unsolicited request, letter or other inquiry.
(13) "Measure" includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(14) "Occupation" means:
(a) The nature of an individual's principal business; and
(b) If the individual is employed by another person, the business
name and address, by city and state, of the employer.
(15) "Person" means an individual, corporation, limited liability
company, labor organization, association, firm, partnership, joint stock
company, club, organization or other combination of individuals having
collective capacity.
(16)(a) "Political committee" means a combination of two or more
individuals, or a person other than an individual, that has:
(A) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
(B) Made an expenditure for the purpose of supporting or opposing a
candidate, measure or political party.
(b) For purposes of paragraph (a)(B) of this subsection, an
expenditure does not include:
(A) A contribution to a candidate or political committee that is
required to report the contribution on a statement filed under ORS
260.058, 260.063, 260.068, 260.073, 260.076 or 260.102 or section 6,
chapter 542, Oregon Laws 2003, or a certificate filed under ORS 260.112;
or
(B) An independent expenditure for which a statement is required to
be filed by a person under ORS 260.044 (1).
(17) "Public office" means any national, state, county, district,
city office or position, except a political party office, that is filled
by the electors.
(18) "Recall petition" means a petition to recall a public officer
for which a prospective petition has been filed but that is not yet a
measure.
(19) "Referendum petition" means a petition to refer a measure for
which a prospective petition has been filed but that is not yet a measure.
(20) "Slate mailer" means a mass mailing that supports or opposes a
total of three or more candidates or measures.
(21)(a) "Slate mailer organization" means, except as provided in
paragraph (b) of this subsection, any person who directly or indirectly:
(A) Is involved in the production of one or more slate mailers and
exercises control over the selection of the candidates and measures to be
supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more slate
mailers or for endorsing or opposing, or refraining from endorsing or
opposing, a candidate or measure in one or more slate mailers.
(b) Notwithstanding paragraph (a) of this subsection, "slate mailer
organization" does not include:
(A) A political committee organized by a political party; or
(B) A political committee organized by the caucus of either the
Senate or the House of Representatives of the Legislative Assembly.
(22) "State office" means the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the Bureau of
Labor and Industries, Superintendent of Public Instruction, state
Senator, state Representative, judge or district attorney. [1971 c.749
§1; 1973 c.744 §1; 1975 c.683 §6; 1977 c.678 §1; 1979 c.190 §339; 1983
c.350 §81; 1983 c.392 §8; 1985 c.808 §52; 1987 c.727 §1; 1989 c.80 §1;
1989 c.503 §41; 1991 c.87 §4; 1991 c.719 §61; 1993 c.18 §44; 1993 c.493
§52; 1993 c.710 §1; 1993 c.797 §30; 1995 c.1 §1; 1995 c.607 §56; 1997
c.249 §77; 1999 c.318 §42; 1999 c.999 §1; 2001 c.82 §11; 2003 c.542 §9;
2005 c.797 §1; 2005 c.809 §20]Note: The amendments to 260.005 by section 21, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 22, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.005. As used in this chapter:
(1)(a) "Candidate" means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is expected to
be or has been presented, with the individual's consent, for nomination
or election to public office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an individual,
organization, political party or political committee to solicit or
receive and accept a contribution or make an expenditure on the
individual's behalf to secure nomination or election to any public office
at any time, whether or not the office for which the individual will seek
nomination or election is known when the solicitation is made, the
contribution is received and retained or the expenditure is made, and
whether or not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has been
completed and filed.'
(b) For purposes of this section and ORS 260.035 to 260.159,
"candidate" does not include a candidate for the office of precinct
committeeperson.
(2) "Committee director" means any person who directly and
substantially participates in decision-making on behalf of a political
committee concerning the solicitation or expenditure of funds and the
support of or opposition to candidates or measures. The officers of a
political party shall be considered the directors of any political party
committee of that party, unless otherwise provided in the party's bylaws.
(3)(a) Except as provided in ORS 260.007, "contribute" or
"contribution" includes:
(A) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of money,
services other than personal services for which no compensation is asked
or given, supplies, equipment or any other thing of value:
(i) For the purpose of influencing an election for public office or
an election on a measure, or of reducing the debt of a candidate for
nomination or election to public office or the debt of a political
committee; or
(ii) To or on behalf of a candidate, political committee or
measure; and
(B) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
(b) Regarding a contribution made for compensation or consideration
of less than equivalent value, only the excess value of it shall be
considered a contribution.
(4)(a) "Controlled committee" means a political committee that, in
connection with the making of contributions or expenditures:
(A) Is controlled directly or indirectly by a candidate or a
controlled committee; or
(B) Acts jointly with a candidate or controlled committee.
(b) For purposes of this subsection, a candidate controls a
political committee if:
(A) The candidate, the candidate's agent, a member of the
candidate's immediate family or any other political committee that the
candidate controls has a significant influence on the actions or
decisions of the political committee; or
(B) The candidate's principal campaign committee and the political
committee both have the candidate or a member of the candidate's
immediate family as a treasurer or director.
(5) "County clerk" means the county clerk or the county official in
charge of elections.
(6) "Elector" means an individual qualified to vote under section
2, Article II of the Oregon Constitution.
(7) Except as provided in ORS 260.007, "expend" or "expenditure"
includes the payment or furnishing of money or anything of value or the
incurring or repayment of indebtedness or obligation by or on behalf of a
candidate, political committee or person in consideration for any
services, supplies, equipment or other thing of value performed or
furnished for any reason, including support of or opposition to a
candidate, political committee or measure, or for reducing the debt of a
candidate for nomination or election to public office. "Expenditure" also
includes contributions made by a candidate or political committee to or
on behalf of any other candidate or political committee.
(8) "Filing officer" means:
(a) The Secretary of State:
(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS 260.118 by
the chief petitioners of a statewide initiative or referendum petition or
by the chief petitioners of a recall petition relating to a person
holding state office;
(C) Regarding any measure; or
(D) Regarding any political committee.
(b) The county clerk, regarding a statement required to be filed
under ORS 260.118 by:
(A) The chief petitioners of a county initiative or referendum
petition;
(B) The chief petitioners of a district initiative or referendum
petition where the district is situated wholly within one county; or
(C) The chief petitioners of a recall petition relating to a county
public office holder or a district public office holder where the
district is situated wholly within one county.
(c) The chief city elections officer, regarding a statement
required to be filed under ORS 260.118 by:
(A) The chief petitioners of a city initiative or referendum
petition; or
(B) The chief petitioners of a recall petition relating to a city
public office holder.
(d) The county clerk of the county in which the office of the chief
administrative officer or administrative board is located, when the
district is situated in more than one county, regarding a statement
required to be filed under ORS 260.118 by:
(A) The chief petitioners of a district initiative or referendum
petition; or
(B) The chief petitioners of a recall petition relating to a
district public office holder.
(e) Notwithstanding paragraphs (a) to (d) of this subsection, in
the case of an irrigation district formed under ORS chapter 545:
(A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the proposed
district is situated wholly in one county;
(B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located, regarding
any candidate for office or any measure at an irrigation district
formation election where the proposed district is situated in more than
one county; or
(C) The secretary of the irrigation district for any election other
than an irrigation district formation election.
(9) "Independent expenditure" means an expenditure by a person for
a communication in support of or in opposition to a clearly identified
candidate or measure that is not made with the cooperation or with the
prior consent of, or in consultation with, or at the request or
suggestion of, a candidate or any agent or authorized committee of the
candidate, or any political committee or agent of a political committee
supporting or opposing a measure. For purposes of this subsection:
(a) A communication is "in support of or in opposition to" a
candidate or measure if:
(A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly identified
candidate for nomination or election to public office, or the passage or
defeat of a clearly identified measure;
(B) The communication, as a whole, seeks action rather than simply
conveying information; and
(C) It is clear what action the communication advocates.
(b) "Agent" means any person who has:
(A) Actual oral or written authority, either express or implied, to
make or to authorize the making of expenditures on behalf of a candidate
or on behalf of a political committee supporting or opposing a measure; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize expenditures.
(c) "Clearly identified" means, with respect to candidates:
(A) The name of the candidate involved appears;
(B) A photograph or drawing of the candidate appears; or
(C) The identity of the candidate is apparent by unambiguous
reference.
(d) "Clearly identified" means, with respect to measures:
(A) The ballot number of the measure appears;
(B) A description of the measure's subject or effect appears; or
(C) The identity of the measure is apparent by unambiguous
reference.
(e) "Made with the cooperation or with the prior consent of, or in
consultation with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate, or any political
committee or agent of a political committee supporting or opposing a
measure":
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent, or by any political committee or
agent of a political committee supporting or opposing a measure, prior to
the publication, distribution, display or broadcast of the communication.
An expenditure shall be presumed to be so made when it is:
(i) Based on information about the plans, projects or needs of the
candidate, or of the political committee supporting or opposing a
measure, and provided to the expending person by the candidate or by the
candidate's agent, or by any political committee or agent of a political
committee supporting or opposing a measure, with a view toward having an
expenditure made; or
(ii) Made by or through any person who is or has been authorized to
raise or expend funds, who is or has been an officer of a political
committee authorized by the candidate or by a political committee or
agent of a political committee supporting or opposing a measure, or who
is or has been receiving any form of compensation or reimbursement from
the candidate, the candidate's principal campaign committee or agent or
from any political committee or agent of a political committee supporting
or opposing a measure; and
(B) Does not include providing to the expending person upon request
a copy of this chapter or any rules adopted by the Secretary of State
relating to independent expenditures.
(10) "Initiative petition" means a petition to initiate a measure
for which a prospective petition has been filed but that is not yet a
measure.
(11) "Judge" means judge of the Supreme Court, Court of Appeals,
circuit court or the Oregon Tax Court.
(12) "Mass mailing" means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail that is
sent in response to an unsolicited request, letter or other inquiry.
(13) "Measure" includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(14) "Occupation" means:
(a) The nature of an individual's principal business; and
(b) If the individual is employed by another person, the business
name and address, by city and state, of the employer.
(15) "Person" means an individual, corporation, limited liability
company, labor organization, association, firm, partnership, joint stock
company, club, organization or other combination of individuals having
collective capacity.
(16)(a) "Political committee" means a combination of two or more
individuals, or a person other than an individual, that has:
(A) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
(B) Made an expenditure for the purpose of supporting or opposing a
candidate, measure or political party.
(b) For purposes of paragraph (a)(B) of this subsection, an
expenditure does not include:
(A) A contribution to a candidate or political committee that is
required to report the contribution on a statement filed under ORS
260.057, 260.076 or 260.102 or a certificate filed under ORS 260.112; or
(B) An independent expenditure for which a statement is required to
be filed by a person under ORS 260.044 (1).
(17) "Public office" means any national, state, county, district,
city office or position, except a political party office, that is filled
by the electors.
(18) "Recall petition" means a petition to recall a public officer
for which a prospective petition has been filed but that is not yet a
measure.
(19) "Referendum petition" means a petition to refer a measure for
which a prospective petition has been filed but that is not yet a measure.
(20) "Regular district election" means the regular district
election described in ORS 255.335.
(21) "Slate mailer" means a mass mailing that supports or opposes a
total of three or more candidates or measures.
(22)(a) "Slate mailer organization" means, except as provided in
paragraph (b) of this subsection, any person who directly or indirectly:
(A) Is involved in the production of one or more slate mailers and
exercises control over the selection of the candidates and measures to be
supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more slate
mailers or for endorsing or opposing, or refraining from endorsing or
opposing, a candidate or measure in one or more slate mailers.
(b) Notwithstanding paragraph (a) of this subsection, "slate mailer
organization" does not include:
(A) A political committee organized by a political party; or
(B) A political committee organized by the caucus of either the
Senate or the House of Representatives of the Legislative Assembly.
(23) "State office" means the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the Bureau of
Labor and Industries, Superintendent of Public Instruction, state
Senator, state Representative, judge or district attorney.As used in this chapter, "contribute," "contribution,"
"expend" or "expenditure" does not include:
(1) Any written news story, commentary or editorial distributed
through the facilities of any broadcasting station, newspaper, magazine
or other regularly published publication, unless a political committee
owns the facility;
(2) An individual's use of the individual's own personal residence,
including a community room associated with the individual's residence, to
conduct a reception for a candidate or political committee, and the
individual's cost of invitations, food and beverages provided at the
reception;
(3) A vendor's sale of food and beverages for use in a candidate's
or political committee's campaign at a charge less than the normal
comparable charge, if the charge is at least equal to the cost of the
food or beverages to the vendor;
(4) Any unreimbursed payment for travel expenses an individual,
including a candidate, makes on behalf of a candidate or political
committee;
(5) Any loan of money made by a financial institution as defined in
ORS 706.008, other than any overdraft made with respect to a checking or
savings account, if the loan bears the usual and customary interest rate
for the category of loan involved, is made on a basis that assures
repayment, is evidenced by a written instrument and is subject to a due
date or amortization schedule. However, each indorser or guarantor of the
loan shall be considered to have contributed that portion of the total
amount of the loan for which that person agreed to be liable in a written
agreement, except if the indorser or guarantor is the candidate's spouse;
(6) Nonpartisan activity designed to encourage individuals to vote
or to register to vote;
(7) Any communication a membership organization or corporation
makes to its members, shareholders or employees if the membership
organization or corporation is not organized primarily for the purpose of
influencing an election;
(8) The payment of compensation for legal and accounting services
rendered to a candidate or political committee if the person paying for
the services is the regular employer of the individual rendering the
services and the services are solely for the purpose of insuring
compliance with the provisions of this chapter; and
(9) The payment by a state or local committee of a political party
of the costs of preparation, display or mailing or other distribution
incurred by the committee with respect to a printed slate card or sample
ballot, or other printed listing, of three or more candidates for any
public office for which an election is held in this state. This
subsection does not apply to costs incurred by the committee with respect
to a display of any such listing made on broadcasting stations or in
newspapers, magazines or similar types of general public political
advertising. [1995 c.1 §2; 1997 c.631 §429; 1999 c.999 §2; 2005 c.797 §2](Treasurers, Statements of Organization and Accounts)(1) Not later than the third business
day after a political committee first receives a contribution or makes an
expenditure, the political committee shall:
(a) Appoint a treasurer who shall be an elector of this state;
(b) Certify the name and address of the treasurer to the filing
officer; and
(c) File a statement of organization under ORS 260.039 or 260.042.
(2) Contributions shall be received and expenditures made by or
through the treasurer of the political committee.
(3) Any change in information required under this section shall be
indicated in an amended certification filed not later than the 10th day
after the change in information. [1971 c.749 §3; 1973 c.744 §2; 1977
c.829 §20; 1979 c.190 §340; 1991 c.719 §62; 1999 c.999 §3]A candidate may serve as
the candidate's own treasurer or may appoint and certify to the filing
officer the name and address of a treasurer. A candidate's treasurer
shall perform all the duties prescribed for the candidate under ORS
260.005 and 260.035 to 260.159. The candidate, in addition to the
treasurer, shall be personally responsible for the performance of such
duties and any default or violation by the treasurer shall be
conclusively considered a default or violation by the candidate. [1973
c.744 §4; 1979 c.190 §341; 1993 c.493 §53](1) An individual may be appointed and serve as
treasurer of a candidate and a political committee or of two or more
candidates or political committees.
(2) A candidate or political committee may remove a treasurer. In
event of the death, resignation or removal of a treasurer before
compliance with all obligations of a treasurer under ORS 260.005 and
260.035 to 260.159, a candidate may and a political committee shall
appoint a successor and certify the name and address of the successor in
the manner of an original appointment. [1979 c.190 §342; 1993 c.493 §54](1) Except as provided in ORS 260.043, a candidate
who serves as the candidate's own treasurer, or the treasurer of the
principal campaign committee, shall file a statement of organization with
the filing officer. The statement shall include:
(a) The name, address, occupation, office sought and party
affiliation of the candidate. The address shall be the address of a
residence, office, headquarters or similar location where the candidate
may be conveniently located;
(b) In the case of a principal campaign committee:
(A) The name and address of the committee. The address shall be the
address of a residence, office, headquarters or similar location where
the political committee or a responsible officer of the political
committee may be conveniently located.
(B) The name, address and occupation of the committee director or
directors, if any.
(C) The name and address of the committee treasurer.
(D) The name and address of any other political committee of which
two or more committee directors are also directors of the committee
filing the statement; and
(c) The name of the financial institution in which the campaign
account required under ORS 260.054 is established, the name and number of
the account, the name of the account holder and the names of all persons
who have signature authority for the account. The Secretary of State may
not disclose information received by the secretary under this paragraph
except as necessary for purposes of enforcing the provisions of ORS
chapters 246 to 260.
(2) Except as provided in ORS 260.043, a candidate who serves as
the candidate's own treasurer shall file the statement of organization
not later than the third business day after the candidate first receives
a contribution or makes an expenditure. The treasurer of a principal
campaign committee shall file the statement of organization not later
than the date specified in ORS 260.035.
(3) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be indicated in
an amended statement of organization filed not later than the 10th day
after the change in information.
(4) Except as provided in ORS 260.043, a candidate who serves as
the candidate's own treasurer or the treasurer of the principal campaign
committee of the candidate shall file a statement of organization under
this section not later than the deadline for the candidate to file a
nominating petition or declaration of candidacy under ORS 249.037 or a
certificate of nomination under ORS 249.722.
(5) Except as provided in ORS 260.043, a candidate who serves as
the candidate's own treasurer or the treasurer of the principal campaign
committee of a candidate shall file a new or amended statement of
organization not later than the date that the candidate files a
nominating petition, declaration of candidacy or certificate of
nomination. [1987 c.727 §12; 1989 c.503 §18; 1991 c.107 §16; 1991 c.719
§53; 1993 c.493 §55; 1999 c.999 §4; 2001 c.965 §53; 2005 c.797 §3; 2005
c.809 §4] (1) Notwithstanding ORS
260.005 (16) and except as provided in ORS 260.043, a candidate shall
designate a political committee as the candidate's principal campaign
committee. A candidate may designate only one political committee as the
candidate's principal campaign committee.
(2) A political committee may not be designated as the principal
campaign committee of more than one candidate. [1979 c.190 §343; 1999
c.999 §7; 2005 c.809 §23] (1) The
treasurer of a political committee shall file a statement of organization
with the filing officer. The statement shall include:
(a) The name, address and nature of the committee. The address
shall be the address of a residence, office, headquarters or similar
location where the political committee or a responsible officer of the
political committee may be conveniently located.
(b) The name, address and occupation of the committee director or
directors.
(c) The name and address of the committee treasurer.
(d) The name and address of any other political committee of which
two or more committee directors are also directors of the committee
filing the statement.
(e) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or specifically opposing or
intends to support or specifically oppose, when known, or, if the
committee is supporting or specifically opposing all the candidates of a
given party, the name of that party.
(f) A designation of any measure that the committee is opposing or
supporting, or intends to support or oppose.
(g) The name of the financial institution in which the campaign
account required under ORS 260.054 is established, the name and number of
the account, the name of the account holder and the names of all persons
who have signature authority for the account. The Secretary of State may
not disclose information received by the secretary under this paragraph
except as necessary for purposes of enforcing the provisions of ORS
chapters 246 to 260.
(h) A statement of whether the committee is a controlled committee.
(2) The statement of organization shall be filed not later than the
date specified in ORS 260.035.
(3) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be indicated in
an amended statement of organization filed not later than the 10th day
after the change in information.
(4) This section does not apply to a political committee that is a
principal campaign committee or to a political committee exclusively
supporting or opposing one or more candidates for federal or political
party office. [1975 c.683 §§2,3; 1979 c.190 §344; 1981 c.234 §1; 1983
c.71 §10; 1985 c.808 §53; 2001 c.965 §54; 2005 c.797 §6; 2005 c.809 §5](1) A candidate who serves as the
candidate's own treasurer and who expects neither the aggregate
contributions to be received nor the aggregate expenditures to be made by
or on behalf of the candidate to exceed $300 in total amount during the
total period described in ORS 260.058 (1) or 260.068 (1) is not required
to:
(a) File a statement of organization under ORS 260.039; or
(b) Establish a single exclusive campaign account under ORS 260.054.
(2) A candidate described in subsection (1) of this section must
keep contribution and expenditure records during the applicable total
period described in ORS 260.058 or 260.068.
(3) If at any time following the filing of a nominating petition,
declaration of candidacy or certificate of nomination and during the
total period described in ORS 260.058 (1) or 260.068 (1) either the
aggregate contributions or aggregate expenditures exceed $300, the
candidate shall do all of the following:
(a) File a statement of organization under ORS 260.039.
(b) Establish a single exclusive campaign account as required under
ORS 260.054.
(4) This section does not apply to candidates for federal office.
[1999 c.999 §6; 2005 c.809 §6]Note: The amendments to 260.043 by section 24, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 25, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.043. (1) A candidate who serves as the candidate's own
treasurer and who expects neither the aggregate contributions to be
received nor the aggregate expenditures to be made by or on behalf of the
candidate to exceed $300 in total amount during a calendar year is not
required to:
(a) File a statement of organization under ORS 260.039;
(b) Establish a single exclusive campaign account under ORS
260.054; or
(c) File statements under ORS 260.057.
(2) A candidate described in subsection (1) of this section must
keep contribution and expenditure records for the previous 24 months.
(3) If at any time following the filing of a nominating petition,
declaration of candidacy or certificate of nomination and during the
calendar year either the aggregate contributions or aggregate
expenditures exceed $300, the candidate shall do all of the following:
(a) File a statement of organization under ORS 260.039.
(b) Establish a single exclusive campaign account as required under
ORS 260.054.
(c) File a statement under ORS 260.057 showing all contributions
received and expenditures made. The statement shall be filed not later
than seven calendar days after aggregate contributions or aggregate
expenditures exceed $300 during a calendar year.
(d) If necessary, file additional statements under ORS 260.057.
(4) This section does not apply to candidates for federal office.(1) A
person shall file a statement of independent expenditures if the person
makes independent expenditures in a total amount of more than $100. The
statement shall be filed with the Secretary of State.
(2) A statement described in subsection (1) of this section shall
be filed for the reporting period described in ORS 260.063 or 260.073
during which the total amount of independent expenditures exceeds $100.
The accounting period for the statement required by subsection (1) of
this section begins on the date that an independent expenditure is made.
The statement shall specify the candidate or measure supported or opposed
by the independent expenditure. The secretary by rule shall prescribe the
form of the statement. If a statement is filed for the reporting period
for the supplement to the second preelection statement, a second
statement for the same independent expenditure does not need to be filed
in the post-election reporting period.
(3) Notwithstanding ORS 260.005 (16), a person who solicits and
receives a contribution or contributions is a political committee and
shall file a statement of organization under ORS 260.042 and the
statements required by ORS 260.063, 260.073 or 260.076. The statements
filed under this subsection shall be filed for the reporting period
described in ORS 260.063, 260.073 or 260.076 during which any
contribution was received. The accounting period for the statement
required by this subsection begins on the date that a contribution is
received.
(4) For purposes of this section:
(a) An independent expenditure does not include a contribution to a
candidate or political committee that is required to report the
contribution on a statement filed under ORS 260.058, 260.063, 260.068,
260.073, 260.076 or 260.102 or section 6, chapter 542, Oregon Laws 2003,
or a certificate filed under ORS 260.112;
(b) An independent expenditure does not include a contribution to a
candidate who is not required to file a statement of organization under
ORS 260.043; and
(c) A person is not a political committee under subsection (3) of
this section if all contributions received by the person are:
(A) Designated to an identified candidate or political committee;
(B) Delivered by the person to the designated candidate or
political committee not later than seven business days after the
contribution is received; and
(C) Required to be reported as contributions by a candidate or
political committee on a statement filed under ORS 260.058, 260.063,
260.068, 260.073, 260.076 or 260.102 or section 6, chapter 542, Oregon
Laws 2003, or a certificate filed under ORS 260.112.
(5) A person is a principal campaign committee if the person, in
preparing to become a candidate in the general election, receives an
aggregate amount of contributions, or makes an aggregate amount of
expenditures, of more than $2,000 before the date of the primary
election. A person described in this subsection shall file the statements
required by ORS 260.058 as if the person were a candidate in the primary
election. This subsection does not apply to a candidate in the primary or
nominating election. [Formerly 260.158; 1981 c.234 §8; 1981 c.303 §1;
1985 c.808 §54; 1987 c.267 §57; 1987 c.727 §2; 1993 c.493 §§56,57; 1995
c.712 §73; 1999 c.999 §8; 2001 c.82 §3; 2003 c.542 §10; 2005 c.797 §7;
2005 c.809 §26]Note: The amendments to 260.044 by section 28a, chapter 809, Oregon
Laws 2005, become operative January 1, 2007, and apply to independent
expenditures made on or after January 1, 2007, and to independent
expenditures made prior to January 1, 2007, and not included on a
statement filed with a filing office prior to January 1, 2007. See
sections 28b and 61, chapter 809, Oregon Laws 2005. The text that is
operative on and after January 1, 2007, is set forth for the user's
convenience.
260.044. (1) A person shall file a statement of independent
expenditures if the person makes independent expenditures in a total
amount of more than $100 in a calendar year. The statement shall be filed
with the Secretary of State.
(2) A statement described in subsection (1) of this section shall
be filed not later than seven calendar days after the total amount of
independent expenditures exceeds $100 in a calendar year. The accounting
period for the statement required by subsection (1) of this section
begins on the date that an independent expenditure is made. The statement
shall specify the candidate or measure supported or opposed by the
independent expenditure. The secretary by rule shall prescribe the form
of the statement.
(3) Notwithstanding ORS 260.005 (16), a person who solicits and
receives a contribution or contributions is a political committee and
shall file a statement of organization under ORS 260.042 and the
statements required by ORS 260.057 or 260.076.
(4) For purposes of this section:
(a) An independent expenditure does not include a contribution to a
candidate or political committee that is required to report the
contribution on a statement filed under ORS 260.057, 260.076 or 260.102
or a certificate filed under ORS 260.112;
(b) An independent expenditure does not include a contribution to a
candidate who is not required to file a statement of organization under
ORS 260.043; and
(c) A person is not a political committee under subsection (3) of
this section if all contributions received by the person are:
(A) Designated to an identified candidate or political committee;
(B) Delivered by the person to the designated candidate or
political committee not later than seven business days after the
contribution is received; and
(C) Required to be reported as contributions by a candidate or
political committee on a statement filed under ORS 260.057, 260.076 or
260.102 or a certificate filed under ORS 260.112.(1) If a candidate or
treasurer receives a contribution of more than $100 from a political
committee not in this state, the candidate or treasurer shall file the
following if required under subsection (2) of this section:
(a) A written statement of the name, occupation and address of each
person, or the name, address and primary nature of each political
committee, who contributed more than $100 of the contribution. The
statement shall be certified as true by an officer of the contributing
political committee. As used in this paragraph, "address" includes street
number and name, rural route number or post-office box, and city and
state; or
(b) An affidavit that to the best of the candidate's or treasurer's
knowledge and belief the contributing political committee will not make
contributions to candidates and treasurers in this state that exceed
two-thirds, in total amount, of all contributions made by it in this
state and elsewhere during the period described in ORS 260.058 (1),
260.063 (1), 260.068 (1) or 260.073 (1) or section 6 (1), chapter 542,
Oregon Laws 2003, or the period described in ORS 260.118 (4) or (8) for
which the statement is filed. The affidavit shall be filed at the same
time the statement is filed regarding the contribution.
(2) The statement or affidavit described in subsection (1) of this
section shall be filed if:
(a) Requested by the Secretary of State; or
(b) The Secretary of State receives a request for the filing from
any person made not later than six months after the deadline for filing a
statement under ORS 260.058 (1), 260.063 (1), 260.068 (1), 260.073 (1) or
260.118 (4) or (8) or section 6 (1), chapter 542, Oregon Laws 2003, if a
candidate or treasurer files a statement reporting a contribution
received from a political committee not in this state.
(3) If requested under subsection (2) of this section, the
statement or affidavit described in subsection (1) of this section shall
be filed not later than 10 business days after a candidate or treasurer
receives a request from the Secretary of State. [1971 c.749 §4; 1973
c.744 §5; 1975 c.675 §32; 1979 c.190 §346; 1981 c.234 §9; 1991 c.258 §2;
1991 c.719 §13; 1993 c.493 §105; 1999 c.999 §9; 2001 c.732 §7; 2001 c.965
§61; 2003 c.542 §11; 2005 c.797 §8; 2005 c.809 §29]Note: The amendments to 260.045 by section 29a, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.045. (1) If a candidate or treasurer receives a contribution of
more than $100 from a political committee not in this state, the
candidate or treasurer shall file the following if required under
subsection (2) of this section:
(a) A written statement of the name, occupation and address of each
person, or the name, address and primary nature of each political
committee, who contributed more than $100 of the contribution. The
statement shall be certified as true by an officer of the contributing
political committee. As used in this paragraph, "address" includes street
number and name, rural route number or post-office box, and city and
state; or
(b) An affidavit that to the best of the candidate's or treasurer's
knowledge and belief the contributing political committee will not make
contributions to candidates and treasurers in this state that exceed
two-thirds, in total amount, of all contributions made by it in this
state and elsewhere during the calendar year or the period described in
ORS 260.118 (4) or (8) for which the statement is filed. The affidavit
shall be filed at the same time the statement is filed regarding the
contribution.
(2) The statement or affidavit described in subsection (1) of this
section shall be filed if:
(a) Requested by the Secretary of State; or
(b) The Secretary of State receives a request for the filing from
any person made not later than six months after the deadline for filing a
statement under ORS 260.057 or 260.118 (4) or (8), if a candidate or
treasurer files a statement reporting a contribution received from a
political committee not in this state.
(3) If requested under subsection (2) of this section, the
statement or affidavit described in subsection (1) of this section shall
be filed not later than 10 business days after a candidate or treasurer
receives a request from the Secretary of State. (1) A
filing officer, in accordance with rules adopted by the Secretary of
State, may discontinue the statement of organization of a candidate,
principal campaign committee or political committee if the candidate,
principal campaign committee or political committee has not filed a
statement of contributions received or expenditures made under this
chapter.
(2) The Secretary of State shall adopt rules prescribing conditions
and procedures under which a filing officer may discontinue a statement
of organization under this section.
(3) If a filing officer discontinues a statement of organization
under this section, the filing officer shall provide written notice to
the candidate, principal campaign committee or political committee that
the statement has been discontinued. [2005 c.797 §5] (1) If
the major source of revenue of a corporation is paid-in-capital and the
primary purpose of the corporation is to support or oppose any candidate,
measure or political party, and the corporation has made a contribution
or an expenditure for that purpose, the corporation shall report to the
Secretary of State the names, addresses and occupations of its
shareholders and shall report the amount of paid-in-capital attributable
to each shareholder.
(2) The information required under subsection (1) of this section,
including information on the nature and amount of all expenditures of
money and in-kind contributions made by the corporation, shall be filed
on the same dates and for the same reporting periods described in ORS
260.063 and 260.073.
(3) The Secretary shall adopt by rule a form for the filing of the
information required under this section. [1991 c.911 §3]Note: The amendments to 260.049 by section 30, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.049. (1) If the major source of revenue of a corporation is
paid-in-capital and the primary purpose of the corporation is to support
or oppose any candidate, measure or political party, and the corporation
has made a contribution or an expenditure for that purpose, the
corporation shall report to the Secretary of State the names, addresses
and occupations of its shareholders and shall report the amount of
paid-in-capital attributable to each shareholder.
(2) The information required under subsection (1) of this section,
including information on the nature and amount of all expenditures of
money and in-kind contributions made by the corporation, shall be filed
not later than seven calendar days after the contribution or expenditure
is made.
(3) The Secretary shall adopt by rule a form for the filing of the
information required under this section. The Secretary of
State shall assign an identification number to each political committee
for which the Secretary of State is the filing officer. The political
committee shall include the identification number with each contribution
made by the political committee. [1991 c.719 §64]Note: The amendments to 260.052 by section 31, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.052. The Secretary of State shall assign an identification
number to each political committee required to file a statement with the
secretary under ORS 260.057. The political committee shall include the
identification number with each contribution made by the political
committee. (1) Each political committee shall
establish a single exclusive campaign account in a financial institution,
as defined in ORS 706.008. The financial institution must be located in
this state and must ordinarily conduct business with the general public
in this state.
(2) A political committee shall maintain the campaign account in
the financial institution in the name of the political committee. For
purposes of this subsection, acronyms may not be used in the name of the
political committee.
(3) Except as provided in subsection (4) of this section, all
expenditures made by the political committee shall be drawn from the
campaign account and:
(a) Issued on a check signed by the candidate on whose behalf the
account is established or by the treasurer of the political committee; or
(b) Paid using a debit card or other form of electronic transaction.
(4) Subsection (3) of this section does not prohibit a person from
making a cash or other expenditure on behalf of the political committee
and receiving reimbursement from the campaign account.
(5) A contribution received by a candidate or the treasurer of a
political committee, directly or indirectly, shall be deposited into the
campaign account not later than seven calendar days after the date the
contribution is received. This subsection does not apply to in-kind
contributions received by a candidate or political committee.
(6) This section does not prohibit the transfer of any amount
deposited in the campaign account into a certificate of deposit, stock
fund or other investment instrument.
(7) The campaign account may not include any private moneys, other
than contributions received by the political committee.
(8) A political committee shall retain a copy of each financial
institution account statement from the campaign account described in this
section for not less than two years after the date the statement is
issued by the financial institution.
(9) Subsections (1) to (8) of this section do not apply to
candidates described in ORS 260.043. [2005 c.809 §3](1) Each candidate, other than a candidate for
political party office, and the treasurer of each political committee
shall keep detailed accounts. The accounts shall be current as of not
later than the seventh day after the date of receiving a contribution or
making an expenditure, of all contributions received and all expenditures
made by or on behalf of the candidate or political committee that are
required to be reported under ORS 260.058, 260.063, 260.068, 260.073,
260.076 or 260.078 or section 6, chapter 542, Oregon Laws 2003. Subject
to ORS 260.085, the accounts shall list all information required to be
reported under ORS 260.083.
(2) Accounts kept by a candidate or the treasurer of a political
committee may be inspected under reasonable circumstances at any time
before the election to which the accounts refer or during the period
specified for retention of the accounts under subsection (3) of this
section by any opposing candidate or the treasurer of any political
committee for the same electoral contest. The right of inspection may be
enforced by writ of mandamus issued by any court of competent
jurisdiction. The treasurers of political committees supporting a
candidate may be joined with the candidate as defendants in a mandamus
proceeding.
(3) Accounts kept by a candidate or treasurer shall be preserved by
the candidate or treasurer for at least two years after the date of the
election to which the accounts refer or at least two years after the date
the last supplemental statement is filed under ORS 260.058 (2), 260.063
(2), 260.068 (3) or 260.073 (3) or section 6 (2), chapter 542, Oregon
Laws 2003, whichever is later. [1971 c.749 §5; 1973 c.744 §6; 1977 c.268
§2; 1979 c.190 §347; 1981 c.234 §10; 1991 c.719 §14; 1991 c.911 §9; 1993
c.493 §59; 2001 c.82 §4; 2003 c.542 §12]Note: The amendments to 260.055 by section 32, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.055. (1) Each candidate, other than a candidate for political
party office, and the treasurer of each political committee shall keep
detailed accounts. The accounts shall be current as of not later than the
seventh calendar day after the date of receiving a contribution or making
an expenditure, of all contributions received and all expenditures made
by or on behalf of the candidate or political committee that are required
to be reported under ORS 260.057, 260.076 or 260.078. Subject to ORS
260.085, the accounts shall list all information required to be reported
under ORS 260.083.
(2) Accounts kept by a candidate or the treasurer of a political
committee may be inspected under reasonable circumstances at any time
before the election to which the accounts refer or during the period
specified for retention of the accounts under subsection (3) of this
section by any opposing candidate or the treasurer of any political
committee for the same electoral contest. The right of inspection may be
enforced by writ of mandamus issued by any court of competent
jurisdiction. The treasurers of political committees supporting a
candidate may be joined with the candidate as defendants in a mandamus
proceeding.
(3) Accounts kept by a candidate or treasurer shall be preserved by
the candidate or treasurer for at least two years after the date of the
election to which the accounts refer or at least two years after the date
the last statement is filed under ORS 260.057, whichever is later. (1) A loan made by or to a
candidate or political committee must be by written agreement.
(2) A candidate or political committee shall keep a copy of any
written loan agreement with the detailed accounts of the candidate or
political committee required under ORS 260.055.
(3) Notwithstanding ORS 260.055, a candidate or political committee
shall preserve a written loan agreement until the loan is repaid. [2005
c.809 §19](Statements of Contributions and Expenditures)(1) The Secretary of
State by rule shall adopt an electronic filing system to be used by all
candidates and political committees to file with the secretary statements
of contributions received and expenditures made by the candidates and
political committees, as described in ORS 260.083.
(2)(a) A candidate for nomination or election at any primary or
general election or a political committee supporting or opposing a
candidate or measure at any primary or general election shall file a
statement described in subsection (1) of this section not later than
seven calendar days after a contribution is received or an expenditure is
made. This paragraph applies to contributions received and expenditures
made during the period beginning on the 42nd calendar day before the date
of any primary election and ending on the date of the primary election
and the period beginning on the 42nd calendar day before the date of any
general election and ending on the date of the general election.
(b) For any special election, the secretary by rule may establish a
period during which a candidate for nomination or election at the special
election or a political committee supporting or opposing a candidate or
measure at the special election must file a statement described in
subsection (1) of this section not later than seven calendar days after a
contribution is received or an expenditure is made.
(3) Except as provided in subsection (4) of this section, during a
period not described in subsection (2) of this section, a candidate or
political committee shall file a statement described in subsection (1) of
this section not later than 30 calendar days after a contribution is
received or an expenditure is made.
(4)(a) If a candidate for nomination or election at any primary
election or a political committee supporting or opposing a candidate or
measure at any primary election receives a contribution or makes an
expenditure prior to the 42nd calendar day before the date of the primary
election and the candidate or political committee has not filed a
statement of the contribution or expenditure under subsection (3) of this
section by the 43rd calendar day before the date of the primary election,
the candidate or political committee shall file a statement described in
subsection (1) of this section not later than the 35th calendar day
before the date of the primary election.
(b) If a candidate for nomination or election at any general
election or a political committee supporting or opposing a candidate or
measure at any general election receives a contribution or makes an
expenditure prior to the 42nd calendar day before the date of the general
election and the candidate or political committee has not filed a
statement of the contribution or expenditure under subsection (3) of this
section by the 43rd calendar day before the date of the general election,
the candidate or political committee shall file a statement described in
subsection (1) of this section not later than the 35th calendar day
before the date of the general election.
(5) The electronic filing system shall be provided free of charge
by the secretary and:
(a) Accept electronic files that conform to the format prescribed
by the secretary by rule; or
(b) Be compatible with any other electronic filing application
provided or approved by the secretary.
(6) The secretary shall make all data filed electronically under
this section and all information filed with the secretary under ORS
260.044, 260.045, 260.049, 260.085, 260.102 or 260.118 available on the
Internet to the public free of charge according to a schedule adopted by
the secretary by rule. The secretary shall make the data available in a
searchable database that is easily accessible by the public.
(7) Each statement required by this section shall be signed and
certified as true by the candidate or treasurer required to file it.
Signatures shall be supplied in the manner specified by the secretary by
rule.
(8) Subsections (1) to (7) of this section do not apply to:
(a) Candidates for federal office;
(b) Candidates who are not required to file a statement of
organization under ORS 260.043; or
(c) Candidates or political committees who file certificates under
ORS 260.112. [2005 c.809 §14]Note: 260.057 becomes operative January 1, 2007. See section 57,
chapter 809, Oregon Laws 2005.Note: Sections 54, 55 and 58, chapter 809, Oregon Laws 2005,
provide:
Sec. 54. (1) To ensure that the electronic filing system described
in section 14 of this 2005 Act [260.057] is capable of receiving
electronic statements beginning on January 1, 2007, the Secretary of
State shall conduct testing of the electronic filing system or establish
by rule a pilot project under which the electronic filing system may be
used by selected candidates or political committees. The secretary shall
conduct the testing or establish the pilot project during the period
beginning on the effective date of this 2005 Act [August 29, 2005] and
ending on January 1, 2007.Sec. 55. (1) During the period beginning on January 1, 2007, and
ending on December 31, 2008, in setting the amount of a civil penalty
under ORS 260.232, as amended by section 41 of this 2005 Act, for a
violation involving a statement required to be filed using the electronic
filing system described in section 14 of this 2005 Act [260.057], the
Secretary of State shall consider as a mitigating circumstance any issues
arising from the transition from a paper filing system to an electronic
filing system for the filing of statements of contributions received and
expenditures made under ORS chapter 260.Sec. 58. (1) Except as provided in subsections (2) and (3) of this
section, a candidate or political committee shall file a first statement
under section 14 of this 2005 Act [260.057] for contributions received
and expenditures made on or after January 1, 2007.
(2) The first statement filed by a candidate or political committee
under section 14 of this 2005 Act on or after January 1, 2007, shall
include any contributions received or expenditures made by the candidate
or political committee prior to January 1, 2007, that were not included
on a statement filed with a filing officer prior to January 1, 2007.
(3) If the last statement of contributions and expenditures filed
by a candidate or political committee prior to January 1, 2007, for a
previous election shows an unexpended balance of contributions or an
expenditure deficit, the first statement required by section 14 of this
2005 Act shall list a beginning balance in an amount equal to the amount
of the unexpended balance of contributions or the amount of the
expenditure deficit. [2005 c.809 §58](1) Except as
otherwise provided in ORS 260.112 and subsection (3) of this section,
each candidate seeking nomination or election at the primary election or
at any election other than the general election, or a candidate's
principal campaign committee at the primary election or at any election
other than the general election, shall file the following with the filing
officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the candidate's
principal campaign committee, not sooner than the 46th day and not later
than the 36th day before the date of the election. The accounting period
for the statement required by this paragraph begins on the date that the
name of a treasurer is certified to the filing officer under ORS 260.035
or 260.037 unless a candidate or a candidate's principal campaign
committee has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing an
unexpended balance of contributions or an expenditure deficit. If such a
post-election or supplemental statement is filed, the accounting period
begins on the day following the last day of the accounting period for the
statement filed for the previous election. If a candidate or a
candidate's principal campaign committee has filed a post-election or
supplemental statement of contributions and expenditures for a previous
election showing no balance or no deficit, the accounting period begins
on the day that the candidate or the candidate's principal campaign
committee next receives a contribution or makes an expenditure. If the
statement for a previous election shows an unexpended balance of
contributions or an expenditure deficit, the beginning balance on the
statement required by this paragraph shall be the amount of the
unexpended balance of contributions or expenditure deficit. The
accounting period for the statement required by this paragraph ends on
the 47th day before the date of the election.
(b) A second preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the candidate's
principal campaign committee, not sooner than the 15th day and not later
than the 12th day before the date of the election. The accounting period
for this statement begins on the 46th day before the date of the election
and ends on the 16th day before the date of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the candidate or the candidate's principal
campaign committee. A supplement shall be filed if, during the period
beginning on the 15th day before the date of the election and ending on
the fifth day before the date of the election, the aggregate amount of
contributions, including loans, whether repaid or not, received from a
single political committee or other person exceeds $500, or the aggregate
amount of expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee to a single payee exceeds
$1,000. A first supplement shall be filed not later than the eighth day
before the date of the election for the accounting period beginning on
the 15th day before the date of the election and ending on the ninth day
before the date of the election. A second supplement shall be filed not
later than the fourth day before the date of the election for the
accounting period beginning on the eighth day before the date of the
election and ending on the fifth day before the date of the election. The
supplements shall be filed on forms prescribed by the Secretary of State
by rule. A candidate or treasurer of the candidate's principal campaign
committee who filed a certificate under ORS 260.112 shall file
supplements under this paragraph if the aggregate amount of contributions
received or expenditures made exceeds $2,000 because of contributions
received or expenditures made during the period described in this
paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the candidate's
principal campaign committee, not sooner than the 21st day and not later
than the 30th day after the date of the election. The accounting period
for the statement required by this paragraph begins on the 15th day
before the date of the election and ends on the 20th day after the date
of the election.
(2) A candidate or a candidate's principal campaign committee shall
file a supplemental statement of contributions received and expenditures
made by or on behalf of the candidate or the candidate's principal
campaign committee, if the post-election statement required by subsection
(1)(d) of this section shows an unexpended balance of contributions or an
expenditure deficit. A supplemental statement shall be filed annually not
later than September 10, until a statement is filed containing no balance
or no deficit. The accounting period for the statement required by this
subsection begins on the day following the last day of the accounting
period for the previous statement filed and ends on September 1.
(3) A candidate for federal office shall file statements required
by the federal election laws in lieu of the statements required by ORS
260.035 to 260.159. At any time the Secretary of State by rule may make a
determination that the standards and requirements of the federal election
laws relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.159. If the Secretary of
State makes this determination, candidates for federal office are subject
to the requirements of ORS 260.035 to 260.159.
(4) Each statement and any supplement required by this section
shall be signed and certified as true by the candidate or treasurer
required to file them. [1981 c. 234 §3 (enacted in lieu of 260.072); 1983
c.71 §1; 1985 c.732 §1; 1987 c.727 §3; 1989 c.503 §§19, 20; 1989 c.1054
§1; 1993 c.493 §60; 1995 c.712 §74; 1999 c.999 §23; 2001 c.732 §2; 2005
c.797 §9]Note: 260.058 is repealed January 1, 2007. See sections 56 and 57,
chapter 809, Oregon Laws 2005.(1) Except as otherwise provided in ORS 260.112, each political
committee, other than a candidate's principal campaign committee,
supporting or opposing one or more candidates or measures at the primary
election or any election other than the general election shall file the
following with each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not sooner
than the 46th day and not later than the 36th day before the date of the
election. The accounting period for the statement required by this
paragraph begins on the date that the name of a treasurer is certified to
the filing officer under ORS 260.035 unless a political committee has
filed a post-election or supplemental statement of contributions and
expenditures showing an unexpended balance of contributions or an
expenditure deficit for a previous election. If such a post-election or
supplemental statement is filed, the accounting period begins on the day
following the last day of the accounting period for the statement filed
for the previous election. If a political committee has filed a
post-election or supplemental statement of contributions and expenditures
for a previous election showing no balance or no deficit, the accounting
period begins on the day that the political committee next receives a
contribution or makes an expenditure. If the statement for a previous
election shows an unexpended balance of contributions or an expenditure
deficit, the beginning balance on the statement required by this
paragraph shall be the amount of the unexpended balance of contributions
or expenditure deficit. The accounting period for the statement required
by this paragraph ends on the 47th day before the date of the election.
(b) A second preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not sooner
than the 15th day and not later than the 12th day before the date of the
election. The accounting period for the statement required by this
paragraph begins on the 46th day before the date of the election and ends
on the 16th day before the date of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the political committee. A supplement shall
be filed if, during the period beginning on the 15th day before the date
of the election and ending on the fifth day before the date of the
election, the aggregate amount of contributions, including loans, whether
repaid or not, received from a single political committee or other person
exceeds $500, or the aggregate amount of expenditures made by or on
behalf of the political committee to a single payee exceeds $1,000. A
first supplement shall be filed not later than the eighth day before the
date of the election for the accounting period beginning on the 15th day
before the date of the election and ending on the ninth day before the
date of the election. A second supplement shall be filed not later than
the fourth day before the date of the election for the accounting period
beginning on the eighth day before the date of the election and ending on
the fifth day before the date of the election. The supplements shall be
filed on forms prescribed by the Secretary of State by rule. A treasurer
of a political committee who filed a certificate under ORS 260.112 shall
file supplements under this paragraph if the aggregate amount of
contributions received or expenditures made exceeds $2,000 because of
contributions received or expenditures made during the period described
in this paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not sooner
than the 21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by this
paragraph begins on the 15th day before the date of the election and ends
on the 20th day after the date of the election.
(2) A political committee shall file a supplemental statement of
contributions received and expenditures made by or on behalf of the
political committee, if the post-election statement required by
subsection (1)(d) of this section shows an unexpended balance of
contributions or an expenditure deficit. A supplemental statement shall
be filed annually not later than September 10, until a statement is filed
containing no balance or no deficit. The accounting period for the
statement required by this subsection begins on the day following the
last day of the accounting period for the previous statement filed and
ends on September 1.
(3) A political committee shall prepare one original copy of each
statement required by subsection (1) of this section and file a duplicate
copy of the statement with the filing officer of each candidate or
measure supported or opposed by the political committee. The statement
and each duplicate copy shall be signed and certified as true by the
treasurer required to file it.
(4) A political committee shall file the supplemental statement
described in subsection (2) of this section with the filing officer with
whom the political committee's statement of organization is filed and
need not file any supplemental statement with any other filing officer.
The supplemental statement shall be signed and certified as true by the
Note: 260.063 is repealed January 1, 2007. See sections 56 and 57,
chapter 809, Oregon Laws 2005.(1) Except as otherwise provided in ORS
260.112 and subsection (4) of this section, each candidate seeking
election at the general election or a candidate's principal campaign
committee at the general election shall file the following with each
appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the candidate's
principal campaign committee, not sooner than the 46th day and not later
than the 36th day before the date of the election. For a candidate
nominated at the primary election or for that candidate's principal
campaign committee, the accounting period for the statement required by
this paragraph begins on the 21st day after the primary election. For a
candidate not nominated at the primary election or for that candidate's
principal campaign committee, the accounting period for the statement
required by this paragraph begins on the date that the name of a
treasurer is certified to the filing officer under ORS 260.035 or 260.037
unless a candidate or a candidate's principal campaign committee has
filed a post-election or supplemental statement of contributions and
expenditures showing an unexpended balance of contributions or an
expenditure deficit for a previous election other than the preceding
primary election. If such a post-election or supplemental statement is
filed, the accounting period begins on the day following the last day of
the accounting period for the statement filed for that previous election.
If a candidate or a candidate's principal campaign committee has filed a
post-election or supplemental statement of contributions and expenditures
for a previous election other than the preceding primary election showing
no balance or no deficit, the accounting period begins on the day that
the candidate or the candidate's principal campaign committee next
receives a contribution or makes an expenditure. If the statement for a
previous election shows an unexpended balance of contributions or an
expenditure deficit, the beginning balance on the statement required by
this paragraph shall be the amount of the unexpended balance of
contributions or expenditure deficit. The accounting period for the
statement required by this paragraph ends on the 47th day before the date
of the election.
(b) A second preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the candidate's
principal campaign committee, not sooner than the 15th day and not later
than the 12th day before the date of the election. The accounting period
for the statement required by this paragraph begins on the 46th day
before the date of the election and ends on the 16th day before the date
of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the candidate or the candidate's principal
campaign committee. A supplement shall be filed if, during the period
beginning on the 15th day before the date of the election and ending on
the fifth day before the date of the election, the aggregate amount of
contributions, including loans, whether repaid or not, received from a
single political committee or other person exceeds $500, or the aggregate
amount of expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee to a single payee exceeds
$1,000. A first supplement shall be filed not later than the eighth day
before the date of the election for the accounting period beginning on
the 15th day before the date of the election and ending on the ninth day
before the date of the election. A second supplement shall be filed not
later than the fourth day before the date of the election for the
accounting period beginning on the eighth day before the date of the
election and ending on the fifth day before the date of the election. The
supplements shall be filed on forms prescribed by the Secretary of State
by rule. A candidate or treasurer of the candidate's principal campaign
committee who filed a certificate under ORS 260.112 shall file
supplements under this paragraph if the aggregate amount of contributions
received or expenditures made exceeds $2,000 because of contributions
received or expenditures made during the period described in this
paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the candidate's
principal campaign committee, not sooner than the 21st day and not later
than the 30th day after the date of the election. The accounting period
for the statement required by this paragraph begins on the 15th day
before the date of the election and ends on the 20th day after the date
of the election.
(2)(a) A candidate at the general election for the office of
Governor, Secretary of State, State Treasurer, Attorney General,
Commissioner of the Bureau of Labor and Industries, state Senator or
state Representative, or a candidate's principal campaign committee shall
file a supplement to the post-election statement of contributions
received by or on behalf of the candidate or the candidate's principal
campaign committee not sooner than the first business day in January next
following the general election and not later than the Friday before the
second Monday in January next following the general election. The
supplement shall be filed if the aggregate contributions received from
any political committee or other person exceed $500 during the period
beginning after the 20th day after the date of the general election and
ending on December 31 and shall disclose only those contributions
received from any political committee or other person that exceed an
aggregate of $500 during the period beginning after the 20th day after
the date of the general election and ending on December 31. The
supplement shall be written but may be transmitted to the filing officer
by any means available. A candidate described in this paragraph or the
treasurer of the candidate's principal campaign committee who filed a
certificate under ORS 260.112 shall file a supplement under this
paragraph if the aggregate contributions received from any political
committee or other person exceed $500 after the period for which the
certificate was filed and prior to January 1 of the year following the
general election.
(b) A person holding the office of Governor, Secretary of State,
State Treasurer, Attorney General, Commissioner of the Bureau of Labor
and Industries or state Senator, or the person's principal campaign
committee, shall file a statement of contributions received by or on
behalf of the person or the person's principal campaign committee not
sooner than the first business day in January following the first general
election held during the person's term of office and not later than the
Friday before the second Monday in January following the first general
election held during the person's term of office. The statement shall be
filed if the aggregate contributions received from any political
committee or other person exceed $500 during the period beginning on the
day following the last day of the accounting period for the previous
statement filed and ending on December 31 following the first general
election held during the person's term of office. The statement shall
disclose only those contributions received from any political committee
or other person that exceed an aggregate of $500 during the period
beginning on the day following the last day of the accounting period for
the previous statement filed and ending on December 31 following the
first general election held during the person's term of office. The
statement shall be written but may be transmitted to the filing officer
by any means available. A person holding an office described in this
paragraph or the treasurer of a principal campaign committee who filed a
certificate under ORS 260.112 shall file a statement under this paragraph
if the aggregate contributions received from any political committee or
other person exceed $500 after the period for which the certificate was
filed and prior to January 1 of the year following the first general
election to be held during the person's term of office.
(3) A candidate or a candidate's principal campaign committee shall
file a supplemental statement of contributions received and expenditures
made by or on behalf of the candidate or the candidate's principal
campaign committee, if the post-election statement required by subsection
(1)(d) of this section shows an unexpended balance of contributions or an
expenditure deficit. A supplemental statement shall be filed annually not
later than September 10, until a statement containing no balance or no
deficit is filed. The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on September
1.
(4) A candidate for federal office shall file statements required
by the federal election laws in lieu of the statements required by ORS
260.035 to 260.159. At any time the Secretary of State by rule may make a
determination that the standards and requirements of the federal election
laws relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.159. If the Secretary of
State makes this determination, candidates for federal office are subject
to the requirements of ORS 260.035 to 260.159.
(5) Each statement and any supplement required by this section
shall be signed and certified as true by the candidate or treasurer
Note: 260.068 is repealed January 1, 2007. See sections 56 and 57,
chapter 809, Oregon Laws 2005.(1) Except as otherwise provided
in ORS 260.112, each political committee, other than a candidate's
principal campaign committee, supporting or opposing one or more
candidates or measures at the general election shall file the following
with each appropriate filing officer:
(a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not sooner
than the 46th day and not later than the 36th day before the date of the
election. For a political committee that supported or opposed one or more
candidates or measures at the primary election, the accounting period for
the statement required by this paragraph begins on the 21st day after the
primary election. Otherwise, the accounting period for the statement
begins on the date that the name of a treasurer is certified to the
filing officer under ORS 260.035 unless a political committee has filed a
post-election or supplemental statement of contributions and expenditures
showing an unexpended balance of contributions or an expenditure deficit
for a previous election. If such a post-election or supplemental
statement is filed, the accounting period begins on the day following the
last day of the accounting period for the statement filed for the
previous election. If a political committee has filed a post-election or
supplemental statement of contributions and expenditures for a previous
election showing no balance or no deficit, the accounting period begins
on the day that political committee next receives a contribution or makes
an expenditure. If the statement for a previous election shows an
unexpended balance of contributions or an expenditure deficit, the
beginning balance on the statement required by this paragraph shall be
the amount of the unexpended balance of contributions or expenditure
deficit. The accounting period for the statement required by this
paragraph ends on the 47th day before the date of the election.
(b) A second preelection statement of contributions received and
expenditures made by or on behalf of the political committee, not sooner
than the 15th day and not later than the 12th day before the date of the
election. The accounting period for the statement required by this
paragraph begins on the 46th day before the date of the election and ends
on the 16th day before the date of the election.
(c) Supplements to the second preelection statement showing
contributions received and expenditures made as described in this
paragraph by or on behalf of the political committee. A supplement shall
be filed if, during the period beginning on the 15th day before the date
of the election and ending on the fifth day before the date of the
election, the aggregate amount of contributions, including loans, whether
repaid or not, received from a single political committee or other person
exceeds $500, or the aggregate amount of expenditures made by or on
behalf of the political committee to a single payee exceeds $1,000. A
first supplement shall be filed not later than the eighth day before the
date of the election for the accounting period beginning on the 15th day
before the date of the election and ending on the ninth day before the
date of the election. A second supplement shall be filed not later than
the fourth day before the date of the election for the accounting period
beginning on the eighth day before the date of the election and ending on
the fifth day before the date of the election. The supplements shall be
filed on forms prescribed by the Secretary of State by rule. A treasurer
of a political committee who filed a certificate under ORS 260.112 shall
file supplements under this paragraph if the aggregate amount of
contributions received or expenditures made exceeds $2,000 because of
contributions received or expenditures made during the period described
in this paragraph.
(d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee, not sooner
than the 21st day and not later than the 30th day after the date of the
election. The accounting period for a statement required by this
paragraph begins on the 15th day before the date of the election and ends
on the 20th day after the date of the election.
(2) A political committee affiliated with a political party, a
caucus of either house of the Legislative Assembly, a legislative
official or a statewide official as defined in ORS 244.020, the Governor,
Governor-elect or candidate for Governor shall file a supplement to the
post-election statement of contributions received by or on behalf of the
political committee not sooner than the first business day in January
next following the general election and not later than the Friday before
the second Monday in January next following the general election. The
supplement shall be filed if the aggregate contributions received from
any political committee or other person exceed $500 during the period
beginning after the 20th day after the date of the general election and
ending on December 31 and shall disclose only those contributions
received from any political committee or other person that exceed an
aggregate of $500 during the period beginning after the 20th day after
the date of the general election and ending on December 31. The
supplement shall be written but may be transmitted to the filing officer
by any means available. A treasurer of a political committee described in
this subsection who filed a certificate under ORS 260.112 shall file a
supplement under this subsection if the aggregate contributions received
from any political committee or other person exceed $500 after the period
for which the certificate was filed and prior to January 1 of the year
following the general election.
(3) A political committee shall file a supplemental statement of
contributions received and expenditures made by or on behalf of the
political committee, if the post-election statement required by
subsection (1)(d) of this section shows an unexpended balance of
contributions or an expenditure deficit. A supplemental statement shall
be filed annually not later than September 10, until a statement is filed
containing no balance or no deficit. The accounting period for a
statement required under this subsection begins on the day following the
last day of the accounting period for the previous statement filed and
ends on September 1.
(4) A political committee shall prepare one original copy of each
statement required by subsection (1) of this section and file a duplicate
copy of the statement with the filing officer of each candidate or
measure supported or opposed by the political committee. The statement
and each duplicate copy shall be signed and certified as true by the
treasurer required to file it.
(5) A political committee shall file the supplemental statement
described in subsection (3) of this section with the filing officer with
whom the political committee's statement of organization is filed and
need not file any supplemental statement with any other filing officer.
The supplemental statement shall be signed and certified as true by the
Note: 260.073 is repealed January 1, 2007. See sections 56 and 57,
chapter 809, Oregon Laws 2005.Note: Sections 5 and 6, chapter 542, Oregon Laws 2003, provide:
Sec. 5. Section 6 of this 2003 Act is added to and made a part of
Sec. 6. (1) Notwithstanding ORS 260.058 and 260.063 and except as
provided in ORS 260.112, each candidate seeking election at a special
election called under section 3 of this 2003 Act [254.655] or a
candidate's principal campaign committee, and each political committee
supporting or opposing a candidate at a special election, shall file the
following with the filing officer:
(a) A preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the candidate's
principal campaign committee or the political committee, not sooner than
the eighth day and not later than the fifth day before the date of the
special election. The accounting period for the statement required by
this paragraph begins on the day following the last day of the accounting
period for the post-election statement filed for the general election and
ends on the ninth day before the date of the special election. If a
candidate described in ORS 260.068 (2), a candidate's principal campaign
committee or a political committee described in ORS 260.073 (2) is
required to file a preelection statement under this paragraph, the
candidate, principal campaign committee or political committee does not
have to otherwise comply with the provisions of ORS 260.068 (2) or
260.073 (2).
(b) A supplement to the preelection statement, on the day before
the special election, showing contributions received and expenditures
made by or on behalf of the candidate, the candidate's principal campaign
committee or the political committee after the ninth day and before the
day preceding the day of the special election. A supplement shall be
filed if the aggregate amount of contributions, including loans, whether
repaid or not, received from a single political committee or other person
during the period described in this paragraph exceeds $500, or the
aggregate amount of expenditures made by or on behalf of the candidate or
the candidate's principal campaign committee to single payee exceeds
$1,000. The supplement must be filed on forms prescribed by the Secretary
of State by rule. A candidate or the treasurer of a political committee
who filed a certificate under ORS 260.112 shall file a statement or
supplement under this subsection if the aggregate amount of contributions
received and expenditures made exceeds $2,000 because of contributions
received or expenditures made during a period described in paragraph (a)
of this subsection or this paragraph.
(c) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate, the candidate's
principal campaign committee or the political committee, not sooner than
the 21st day and not later than the 30th day after the date of the
special election. The accounting period for the statement required by
this paragraph begins on the eighth day before the date of the special
election and ends on the 20th day after the date of the special election.
(2) A candidate, a candidate's principal campaign committee or a
political committee shall file a supplemental statement of contributions
received and expenditures made by or on behalf of the candidate, the
candidate's principal campaign committee or the political committee, if
the post-election statement required by subsection (1)(c) of this section
shows an unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than September
10, until a statement is filed containing no balance or no deficit. The
accounting period for the statement required by this subsection begins on
the day following the last day of the accounting period for the previous
statement filed and ends on September 1. If a candidate, a candidate's
principal campaign committee or a political committee is required to file
a supplemental statement under this subsection, the candidate, principal
campaign committee or political committee does not have to comply with
the provisions of ORS 260.068 (3) or 260.073 (3).
(3) Each statement and supplement required of a candidate or a
candidate's principal campaign committee by this section shall be signed
and certified as true by the candidate or treasurer required to file it.
(4) A political committee shall prepare one original copy of each
statement and supplement required by this section and file a duplicate
copy of the statement and any supplement with the filing officer of each
candidate supported or opposed by the political committee. The statement,
supplement and each duplicate copy shall be signed and certified as true
by the treasurer required to file it.
(5) A political committee shall file the supplemental statement
described in subsection (1) of this section with the filing officer with
whom the political committee's statement of organization is filed and
need not file any supplemental statement with any other filing officer.
The supplemental statement shall be signed and certified as true by the
treasurer required to file it. [2003 c.542 §6]Note: Section 6, chapter 542, Oregon Laws 2003, is repealed January
1, 2007. See sections 56 and 57, chapter 809, Oregon Laws 2005.(1) A legislative official, statewide official or
candidate therefor, or the official's or candidate's principal campaign
committee, shall file statements showing contributions received by or on
behalf of the official, candidate or committee during the period
beginning January 1 immediately preceding a regular biennial session of
the Legislative Assembly and ending upon adjournment of the regular
biennial session of the Legislative Assembly, or during any special
session of the Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor, or
the principal campaign committee of the Governor, Governor-elect or
candidate, shall file statements showing contributions received by or on
behalf of the Governor, Governor-elect, candidate or committee during the
period beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending 30 business days following
adjournment of the regular biennial session of the Legislative Assembly,
or during any special session of the Legislative Assembly.
(3) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly, legislative
official, statewide official or the Governor, Governor-elect or candidate
for Governor shall file statements showing contributions received by the
person or committee on behalf of a legislative official, statewide
official or candidate therefor, during the period beginning January 1
immediately preceding a regular biennial session of the Legislative
Assembly and ending upon adjournment of the regular biennial session of
the Legislative Assembly, or during any special session of the
Legislative Assembly.
(4) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly, legislative
official, statewide official or the Governor, Governor-elect or candidate
for Governor shall file statements showing contributions received by the
person or committee on behalf of the Governor, Governor-elect or
candidate for Governor, during the period beginning January 1 immediately
preceding a regular biennial session of the Legislative Assembly and
ending 30 business days following adjournment of the regular biennial
session of the Legislative Assembly, or during any special session of the
Legislative Assembly.
(5) A statement described in subsections (1) to (4) of this section
shall be filed with the Secretary of State not later than two business
days after the date a contribution is received. A statement shall be
filed on a form prescribed by the Secretary of State.
(6) If a statement has been filed under subsections (1) to (4) of
this section, the next statement filed by the Governor, Governor-elect,
official, candidate, principal campaign committee or other political
committee under ORS 260.058, 260.063, 260.068 or 260.073 shall include
the contributions reported in statements filed under this section.
(7) This section applies notwithstanding the filing of a
certificate under ORS 260.112.
(8) As used in this section:
(a) "Legislative official" means any member or member-elect of the
Legislative Assembly.
(b) "Statewide official" means the Secretary of State or Secretary
of State-elect, State Treasurer or State Treasurer-elect, Superintendent
of Public Instruction or Superintendent-elect of Public Instruction,
Attorney General or Attorney General-elect and the Commissioner of the
Bureau of Labor and Industries or the Commissioner-elect of the Bureau of
Note: The amendments to 260.076 by section 32a, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.076. (1) A legislative official, statewide official or
candidate therefor, or the official's or candidate's principal campaign
committee, shall file statements showing contributions received by or on
behalf of the official, candidate or committee during the period
beginning January 1 immediately preceding a regular biennial session of
the Legislative Assembly and ending upon adjournment of the regular
biennial session of the Legislative Assembly, or during any special
session of the Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor, or
the principal campaign committee of the Governor, Governor-elect or
candidate, shall file statements showing contributions received by or on
behalf of the Governor, Governor-elect, candidate or committee during the
period beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending 30 business days following
adjournment of the regular biennial session of the Legislative Assembly,
or during any special session of the Legislative Assembly.
(3) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly, legislative
official, statewide official or the Governor, Governor-elect or candidate
for Governor shall file statements showing contributions received by the
person or committee on behalf of a legislative official, statewide
official or candidate therefor, during the period beginning January 1
immediately preceding a regular biennial session of the Legislative
Assembly and ending upon adjournment of the regular biennial session of
the Legislative Assembly, or during any special session of the
Legislative Assembly.
(4) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly, legislative
official, statewide official or the Governor, Governor-elect or candidate
for Governor shall file statements showing contributions received by the
person or committee on behalf of the Governor, Governor-elect or
candidate for Governor, during the period beginning January 1 immediately
preceding a regular biennial session of the Legislative Assembly and
ending 30 business days following adjournment of the regular biennial
session of the Legislative Assembly, or during any special session of the
Legislative Assembly.
(5) A statement described in subsections (1) to (4) of this section
shall be filed with the Secretary of State not later than two business
days after the date a contribution is received. A statement shall be
filed on a form prescribed by the Secretary of State.
(6) If a statement has been filed under subsections (1) to (4) of
this section, the next statement filed by the Governor, Governor-elect,
official, candidate, principal campaign committee or other political
committee under ORS 260.057 shall include the contributions reported in
statements filed under this section.
(7) This section applies notwithstanding the filing of a
certificate under ORS 260.112.
(8) As used in this section:
(a) "Legislative official" means any member or member-elect of the
Legislative Assembly.
(b) "Statewide official" means the Secretary of State or Secretary
of State-elect, State Treasurer or State Treasurer-elect, Superintendent
of Public Instruction or Superintendent-elect of Public Instruction,
Attorney General or Attorney General-elect and the Commissioner of the
Bureau of Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.If a statement filed by a candidate, a candidate's principal
campaign committee or a political committee under ORS 260.058 (1)(a),
260.063 (1)(a), 260.068 (1)(a) or 260.073 (1)(a) or section 6 (1)(a),
chapter 542, Oregon Laws 2003, shows an unexpended balance of
contributions not previously reported on hand at the beginning of the
first reporting period, the statement shall list all contributions and
expenditures giving rise to the unexpended balance of contributions in
accordance with ORS 260.083. [1981 c.234 §7 (enacted in lieu of 260.072);
2003 c.542 §13; 2005 c.797 §12]Note: The amendments to 260.078 by section 33, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.078. If the first statement filed by a candidate, a candidate's
principal campaign committee or a political committee under ORS 260.057
shows an unexpended balance of contributions not previously reported on
hand, the statement shall list all contributions and expenditures giving
rise to the unexpended balance of contributions in accordance with ORS
260.083. (1) A statement filed under ORS
260.058, 260.063, 260.068, 260.073, 260.076 or 260.118 or section 6,
chapter 542, Oregon Laws 2003, shall list:
(a) Under contributions, all contributions received. Except as
provided in ORS 260.085, the statement shall list:
(A) The name, occupation and address of each person, and the name
and address of each political committee, that contributed an aggregate
amount of more than $100 on behalf of a candidate or to a political
committee and the total amount contributed by that person or political
committee; and
(B) The total amount of other contributions as a single item, but
shall specify how those contributions were obtained.
(b) Under expenditures, all expenditures made. The statement shall
list:
(A) The amount and purpose of each expenditure made in an aggregate
amount of more than $100 to a payee, the name or, if applicable, the
business name of the payee of the expenditure, and the city, or county if
the payee is not located in a city, and state in which the payee is
located; and
(B) The total amount of other expenditures as a single item.
(c) All loans, whether repaid or not, made by or to the candidate
or political committee. The statement shall list:
(A) The name and address of each person shown as a cosigner or
guarantor on a loan and the amount of the obligation undertaken by each
cosigner or guarantor;
(B) The name of the lender holding the loan; and
(C) The terms of the loan, including the interest rate and
repayment schedule.
(2) If an expenditure in an amount exceeding $100 is a prepayment
or a deposit made in consideration for any services, supplies, equipment
or other thing of value to be performed or furnished at a future date,
that portion of the deposit that has been expended during the reporting
period shall be listed as an expenditure and the unexpended portion of
the deposit shall be listed as an account receivable.
(3) Anything of value paid for or contributed by any person shall
be listed as both an in-kind contribution and an expenditure by the
candidate or committee for whose benefit the payment or contribution was
made.
(4) If a candidate, political committee or chief petitioner under
ORS 260.118 makes an expenditure that must be reported as an in-kind
contribution and an expenditure as provided in subsection (3) of this
section, the candidate, political committee or chief petitioner making
the original expenditure shall, in any statement filed under ORS 260.058,
260.063, 260.068, 260.073 or 260.118 or section 6, chapter 542, Oregon
Laws 2003, identify the expenditure as an in-kind contribution and
identify the candidate or political committee for whose benefit the
expenditure was made.
(5) Expenditures made by an agent of a candidate or political
committee on behalf of the candidate or committee shall be reported in
the same manner as if the expenditures had been made by the candidate or
political committee.
(6) If a political committee makes an expenditure that qualifies as
an independent expenditure under ORS 260.005 (9), the listing of the
expenditure under this section shall identify any candidates or measures
that are the subject of the independent expenditure and state whether the
independent expenditure was used to advocate the election, passage or
defeat of the candidates or measures.
(7) If a candidate, political committee, chief petitioner under ORS
260.118 or an agent of a candidate, political committee or chief
petitioner makes an expenditure for the purpose of paying any person
money or other valuable consideration for obtaining signatures on an
initiative, referendum or recall petition, the statement described in
this section shall list the total amount paid by the candidate, political
committee, chief petitioner or agent for the purpose of obtaining
signatures. The statement is not required to list the name or address of
any person as payee or the amount paid to any person.
(8)(a) A vendor who enters into a contract with a candidate or
political committee to prepare or produce brochures, mailings, polls,
other opinion research or television, radio or newspaper advertising, or
to provide mail handling and postage, is not considered an agent of the
candidate or political committee for purposes of subsection (5) of this
section. The Secretary of State by rule may designate other specific
products or services that would qualify a vendor for an exemption from
reporting under this subsection.
(b) Nothing in this section requires a vendor described in this
subsection to disclose the vendor's internal or subcontracting costs for
providing the specific product or service under paragraph (a) of this
subsection.
(9) As used in this section, "address" has the meaning given that
term in rules adopted by the Secretary of State. [Formerly 260.162; 1981
c.234 §11; 1985 c.732 §5; 1989 c.80 §4; 1989 c.503 §42; 1989 c.1054 §12;
1991 c.258 §1; 1991 c.719 §15; 1993 c.493 §68; 1995 c.1 §20; 1995 c.607
§87; 1999 c.262 §3; 1999 c.814 §1; 1999 c.999 §10; 2001 c.82 §5; 2001
c.965 §59; 2003 c.542 §14; 2005 c.797 §13; 2005 c.809 §8]Note: The amendments to 260.083 by section 16, chapter 809, Oregon
Laws 2005, become operative January 1, 2007, and apply to statements
required to be filed on or after January 1, 2007. See sections 17 and 61,
chapter 809, Oregon Laws 2005. The text that is operative on and after
January 1, 2007, is set forth for the user's convenience.
260.083. (1) A statement filed under ORS 260.057, 260.076 or
260.118 shall list:
(a) Except as provided in ORS 260.085, for a contribution:
(A) The name, occupation and address of each person, and the name
and address of each political committee, that contributed an aggregate
amount of more than $100 in a calendar year on behalf of a candidate or
to a political committee and the total amount contributed by that person
or political committee; and
(B) The total amount of other contributions as a single item, but
shall specify how those contributions were obtained.
(b) For an expenditure:
(A) The amount and purpose of each expenditure made in an aggregate
amount of more than $100 to a payee, the name or, if applicable, the
business name of the payee of the expenditure, and the city, or county if
the payee is not located in a city, and state in which the payee is
located; and
(B) The total amount of other expenditures as a single item.
(c) Each loan, whether repaid or not, made by or to the candidate
or political committee. The statement shall list:
(A) The name and address of each person shown as a cosigner or
guarantor on a loan and the amount of the obligation undertaken by each
cosigner or guarantor;
(B) The name of the lender holding the loan; and
(C) The terms of the loan, including the interest rate and
repayment schedule.
(2) If an expenditure in an amount exceeding $100 is a prepayment
or a deposit made in consideration for any services, supplies, equipment
or other thing of value to be performed or furnished at a future date,
that portion of the deposit that has been expended shall be listed as an
expenditure and the unexpended portion of the deposit shall be listed as
an account receivable.
(3) Anything of value paid for or contributed by any person shall
be listed as both an in-kind contribution and an expenditure by the
candidate or committee for whose benefit the payment or contribution was
made.
(4) If a candidate, political committee or chief petitioner under
ORS 260.057 or 260.118 makes an expenditure that must be reported as an
in-kind contribution and an expenditure as provided in subsection (3) of
this section, the candidate, political committee or chief petitioner
making the original expenditure shall, in any statement filed under ORS
260.057 or 260.118, identify the expenditure as an in-kind contribution
and identify the candidate or political committee for whose benefit the
expenditure was made.
(5) Expenditures made by an agent of a candidate or political
committee on behalf of the candidate or committee shall be reported in
the same manner as if the expenditures had been made by the candidate or
political committee.
(6) If a political committee makes an expenditure that qualifies as
an independent expenditure under ORS 260.005 (9), the listing of the
expenditure under this section shall identify any candidates or measures
that are the subject of the independent expenditure and state whether the
independent expenditure was used to advocate the election, passage or
defeat of the candidates or measures.
(7) If a candidate, political committee, chief petitioner under ORS
260.118 or an agent of a candidate, political committee or chief
petitioner makes an expenditure for the purpose of paying any person
money or other valuable consideration for obtaining signatures on an
initiative, referendum or recall petition, the statement described in
this section shall list the total amount paid by the candidate, political
committee, chief petitioner or agent for the purpose of obtaining
signatures. The statement is not required to list the name or address of
any person as payee or the amount paid to any person.
(8)(a) A vendor who enters into a contract with a candidate or
political committee to prepare or produce brochures, mailings, polls,
other opinion research or television, radio or newspaper advertising, or
to provide mail handling and postage, is not considered an agent of the
candidate or political committee for purposes of subsection (5) of this
section. The Secretary of State by rule may designate other specific
products or services that would qualify a vendor for an exemption from
reporting under this subsection.
(b) Nothing in this section requires a vendor described in this
subsection to disclose the vendor's internal or subcontracting costs for
providing the specific product or service under paragraph (a) of this
subsection.
(9) As used in this section, "address" has the meaning given that
term in rules adopted by the Secretary of State.(1) An account required by ORS 260.055 and a
statement required by ORS 260.083 to list the occupation of a contributor
shall list the occupation of the contributor in the account and on the
first statement filed under ORS 260.058, 260.063, 260.068, 260.073 or
260.076 or section 6, chapter 542, Oregon Laws 2003, after the
contribution is received if the occupation is known to the candidate or
political committee filing the statement.
(2) If an account required by ORS 260.055 or a statement required
by ORS 260.083 to list the occupation of a contributor does not list the
occupation of the contributor as required by ORS 260.055 or on the first
statement filed under ORS 260.058, 260.063, 260.068, 260.073 or 260.076
or section 6, chapter 542, Oregon Laws 2003, after the contribution is
received, the candidate or political committee shall file with the
account and the filing officer documentation of a written request to the
contributor to furnish the contributor's occupation.
(3) If a candidate or political committee receives a contribution
that does not identify the occupation of the contributor, the candidate
or political committee shall make a written request to the contributor to
furnish the occupation of the contributor within seven days after
receiving the contribution.
(4) Documentation of a written request under subsection (3) of this
section shall be filed with the account and the first statement under ORS
260.058, 260.063, 260.068, 260.073 or 260.076 or section 6, chapter 542,
Oregon Laws 2003, that is filed at least seven days after the
contribution is received.
(5) If a candidate or political committee receives information
identifying the occupation of a contributor after making a written
request under subsection (3) of this section, the candidate or political
committee shall include the contributor's occupation in the account kept
under ORS 260.055.
(6) The filing officer shall be in compliance with law by accepting
the information described in this section. [1989 c.80 §3; 1991 c.719 §16;
1993 c.493 §69; 2001 c.82 §6; 2003 c.542 §15; 2005 c.797 §14]Note: The amendments to 260.085 by section 34, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.085. (1) An account required by ORS 260.055 and a statement
required by ORS 260.083 to list the occupation of a contributor must list
the occupation of the contributor in the account and on the first
statement filed under ORS 260.057 or 260.076 after the contribution is
received if the occupation is known to the candidate or political
committee filing the statement.
(2) If an account required by ORS 260.055 or a statement required
by ORS 260.083 to list the occupation of a contributor does not list the
occupation of the contributor as required by ORS 260.055 or on the first
statement filed under ORS 260.057 or 260.076 after the contribution is
received, the candidate or political committee shall file with the
account and with the statement filed under ORS 260.057 documentation of a
written request to the contributor to furnish the contributor's
occupation.
(3) If a candidate or political committee receives a contribution
that does not identify the occupation of the contributor, the candidate
or political committee shall make a written request to the contributor to
furnish the occupation of the contributor within seven calendar days
after receiving the contribution.
(4) If a candidate or political committee receives information
identifying the occupation of a contributor after making a written
request under subsection (3) of this section, the candidate or political
committee, within seven calendar days after receiving the information,
shall include the contributor's occupation in the account kept under ORS
260.055 and in the contributor's entry filed under ORS 260.057. (1) A
person who receives or expends money or any other thing of value, after
the date of an election, for the purpose of reducing an expenditure
deficit shown by a statement of contributions and expenditures filed by a
candidate or treasurer, shall file with the filing officer a statement
showing the source of all moneys or other things of value received or
expended if the person:
(a) Is not the candidate or treasurer; and
(b) Does not receive or expend the money or other thing of value
through the candidate or treasurer.
(2) The statement shall list the name, occupation and address of
each person, or the name, address and primary nature of each political
committee, who contributed an aggregate amount of more than $100 on
behalf of a candidate or regarding a measure. The statement may list as a
single item the total amount of other contributions, but shall specify
how those contributions were obtained. The statement must be signed and
certified as true by the person required to file it or by the person's
authorized representative.
(3) As used in this section, "address" includes street number and
name, rural route number or post-office box, and city and state. [1971
c.749 §10; 1973 c.744 §14; 1975 c.675 §33; 1979 c.190 §351; 1991 c.258
§3; 1991 c.719 §17; 2005 c.809 §35]Note: The amendments to 260.102 by section 35a, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.102. (1) A person who receives or expends money or any other
thing of value, after the date of an election, for the purpose of
reducing an expenditure deficit shown by a statement of contributions and
expenditures filed by a candidate or treasurer, shall file with the
Secretary of State a statement showing the source of all moneys or other
things of value received or expended if the person:
(a) Is not the candidate or treasurer; and
(b) Does not receive or expend the money or other thing of value
through the candidate or treasurer.
(2) The statement shall list the name, occupation and address of
each person, or the name, address and primary nature of each political
committee, who contributed an aggregate amount of more than $100 on
behalf of a candidate or regarding a measure. The statement may list as a
single item the total amount of other contributions, but shall specify
how those contributions were obtained. The statement must be signed and
certified as true by the person required to file it or by the person's
authorized representative.
(3) As used in this section, "address" includes street number and
name, rural route number or post-office box, and city and state.(1) A candidate, other than a candidate for federal office,
or a treasurer of a political committee who expects neither the aggregate
contributions to be received nor the aggregate expenditures to be made by
or on behalf of the candidate or political committee to exceed $2,000 in
total amount during the total period described in ORS 260.058 (1),
260.063 (1), 260.068 (1) or 260.073 (1) shall file a certificate to that
effect. The candidate or treasurer shall make the certificate according
to the best of the knowledge or belief of the candidate or treasurer. The
certificate shall be filed:
(a) By a candidate, not sooner than the date on which the candidate
files a declaration of candidacy or nominating petition, accepts a
nomination or is nominated to fill a vacancy in a nomination or in a
partisan elective office, and not later than the 36th day before the date
of the election.
(b) By a treasurer of a political committee, not sooner than the
date that the political committee files a statement of organization under
ORS 260.042, and not later than the 36th day before the date of the
election.
(2) A candidate or political committee under this section must keep
contribution and expenditure records during the applicable total period
described in ORS 260.058, 260.063, 260.068 or 260.073.
(3) If at any time following the filing of a certificate under
subsection (1) of this section and during the total period described in
ORS 260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1) either the
aggregate contributions or aggregate expenditures exceed $2,000, the
candidate, other than a candidate for federal office, or treasurer shall
file a contribution and expenditure statement when a statement for the
accounting period in which the contributions or expenditures exceeded
$2,000 is filed. The statement shall reflect all contributions received
and expenditures made by or on behalf of the candidate or political
committee to that date, beginning with the start of the first accounting
period in ORS 260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1).
[1971 c.749 §11; 1975 c.683 §9; 1977 c.644 §5; 1979 c.190 §352; 1981
c.234 §12; 1985 c.808 §56; 1987 c.727 §7; 1989 c.503 §27; 1991 c.87 §5;
1999 c.999 §22; 2005 c.797 §15]Note: The amendments to 260.112 by section 36a, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.112. (1) A candidate or a treasurer of a political committee
who expects neither the aggregate contributions to be received nor the
aggregate expenditures to be made by or on behalf of the candidate or
political committee to exceed $2,000 in total amount during the calendar
year shall file a certificate to that effect with the Secretary of State.',
'The candidate or treasurer shall make the certificate according to the
best of the knowledge or belief of the candidate or treasurer. A
candidate or treasurer filing a certificate under this section is not
required to file statements under ORS 260.057. The certificate shall be
filed:
(a) By a candidate, not sooner than the date on which the candidate
files a declaration of candidacy or nominating petition, accepts a
nomination or is nominated to fill a vacancy in a nomination or in a
partisan elective office, and not later than seven calendar days after
the candidate receives a contribution or makes an expenditure.
(b) By a treasurer of a political committee, not sooner than the
date that the political committee files a statement of organization under
ORS 260.042, and not later than seven calendar days after the political
committee receives a contribution or makes an expenditure.
(2) A candidate or political committee under this section must keep
contribution and expenditure records during the calendar year.
(3) If at any time following the filing of a certificate under
subsection (1) of this section and during the calendar year either the
aggregate contributions or aggregate expenditures exceed $2,000, the
candidate or treasurer shall do all of the following:
(a) File a statement under ORS 260.057 within seven calendar days
after either the aggregate contributions or aggregate expenditures exceed
$2,000. The statement shall reflect all contributions received and
expenditures made by or on behalf of the candidate or political committee
to that date, beginning January 1 of the calendar year.
(b) If necessary, file additional statements under ORS 260.057.
(4) This section does not apply to a candidate for federal office.(1) As provided in subsection (2) of this section, the chief
petitioners of a statewide initiative or referendum petition or any
recall petition shall:
(a) Appoint a treasurer and certify the name and address of the
treasurer to the filing officer. The treasurer shall be an elector of
this state. Contributions shall be received and expenditures made by or
through the treasurer.
(b) File a statement of organization with the appropriate filing
officer. The statement shall include:
(A) The name and address of the chief petitioners.
(B) The name and address of the treasurer appointed under paragraph
(a) of this subsection.
(C) A designation of the statewide initiative or referendum
petition or the recall petition. The designation of the recall petition
shall include the name of the officer whose recall is demanded.
(2) The chief petitioners shall certify the name of the treasurer
and file the statement of organization not later than the third business
day after the chief petitioners receive a contribution or make an
expenditure relating to the statewide initiative or referendum petition.
(3) Any change in the information submitted in a statement of
organization under subsection (1) of this section shall be indicated in
an amended certification or an amended statement of organization filed
not later than the 10th day after the change in information.
(4) For each statewide initiative petition, the treasurer appointed
under subsection (1) of this section shall file with the Secretary of
State a statement described in subsection (7) of this section for each
period described in this subsection. A statement shall be filed under
this subsection beginning with the period during which the aggregate
amount of contributions received or expenditures made exceeds $2,000. The
following statements shall be filed:
(a) A statement of contributions received and expenditures made
filed not later than September 10 of an odd-numbered year. The accounting
period for the statement required under this paragraph begins on the date
the treasurer is appointed under subsection (1) of this section and ends
on September 1.
(b) A statement of contributions received and expenditures made
filed not later than February 6 of an even-numbered year. The accounting
period for the statement required under this paragraph begins on the date
the treasurer is appointed under subsection (1) of this section or on the
day following the last day of the accounting period for the previous
statement filed and ends on January 28.
(c) A statement of contributions received and expenditures made
filed not later than the 12th day before the date of the primary
election. The accounting period for the statement required under this
paragraph begins on the date the treasurer is appointed under subsection
(1) of this section or on the day following the last day of the
accounting period for the previous statement filed and ends on the 16th
day before the date of the primary election.
(5) Not later than the 15th day after the last day for filing a
statewide initiative or referendum petition or any recall petition with
the filing officer for verification of signatures, the treasurer
appointed under subsection (1) of this section shall file with the filing
officer a statement described in subsection (7) of this section. The
statement required under this subsection shall be filed whether or not
the petition was completed or filed or was withdrawn under ORS 250.029.
(6) Not later than the 15th day after the date an initiative or
referendum petition that is not statewide is filed with the filing
officer for verification of signatures, the chief petitioners of the
initiative or referendum petition shall file with the filing officer a
statement described in subsection (7) of this section.
(7) The statement referred to in subsections (4) to (6) of this
section shall include the following information:
(a) The name and address of the chief petitioner.
(b) A designation of the initiative, referendum or recall petition.
The designation of any recall petition shall include the name of the
officer whose recall is demanded.
(c) A statement conforming to ORS 260.083 of contributions received
and expenditures made.
(8)(a) For a statewide initiative petition, the accounting period
for the statement required by subsection (5) of this section begins on
the 15th day before the date of the primary election and ends on the
deadline for submitting signatures for verification.
(b) For a statewide referendum petition, the accounting period for
the statement required by subsection (5) of this section begins on the
date that the name of the treasurer is certified to the filing officer
under this section. The accounting period ends on the deadline for
submitting signatures for verification.
(c) For a recall petition, the accounting period for the statement
required by subsection (5) of this section begins on the day after the
date on which the statement of contributions received and expenditures
made required under ORS 249.865 is filed. The accounting period ends on
the deadline for submitting signatures for verification.
(d) For an initiative or referendum petition that is not statewide,
the accounting period for the statement required by subsection (6) of
this section begins on the date the prospective petition is filed and
ends on the date that signatures are submitted for verification.
(9)(a) If a statement filed under subsection (5) of this section
for a statewide initiative or referendum petition or any recall petition
that did not qualify for the ballot shows an unexpended balance of
contributions or an expenditure deficit, and the chief petitioner's
committee does not intend to support or oppose a measure that is on the
subsequent general election ballot, a supplemental statement shall be
filed annually not later than September 10.
(b) If a statement filed under this section for a statewide
initiative or referendum petition or any recall petition that did not
qualify for the ballot shows an unexpended balance of contributions or an
expenditure deficit, and the chief petitioner's committee intends to
support or oppose a measure that is on the subsequent general election
ballot, that committee shall not file a supplemental statement in that
year, but shall file the statements required under ORS 260.073.
Supplemental statements shall be filed annually for each following year
not later than September 10.
(c) The accounting period for the statement required by this
subsection begins on the day following the last day of the accounting
period for the previous statement filed and ends on September 1.
(10) Each statement required under subsections (4) to (6) of this
section shall be signed and certified as true by the chief petitioner or
treasurer required to file it.
(11) As used in this section, "contribution" and "expenditure"
include a contribution or expenditure to or on behalf of an initiative,
referendum or recall petition. [1983 c.71 §6; 1985 c.808 §57; 1987 c.210
§2; 1987 c.727 §8; 1991 c.719 §54; 1993 c.493 §§70,71; 1995 c.607 §57;
1999 c.999 §11; 2001 c.732 §1; 2001 c.965 §56; 2005 c.797 §16]Note: The amendments to 260.118 by section 37, chapter 809, Oregon
Laws 2005, become operative January 1, 2007, and apply to statewide
initiative and referendum petitions and any recall petitions for which a
prospective petition is filed prior to, on or after January 1, 2007. See
sections 57 and 61, chapter 809, Oregon Laws 2005. The text that is
operative on and after January 1, 2007, is set forth for the user's
convenience.
260.118. (1) As provided in subsection (2) of this section, the
chief petitioners of a statewide initiative or referendum petition or any
recall petition shall:
(a) Appoint a treasurer and certify the name and address of the
treasurer to the filing officer. The treasurer shall be an elector of
this state. Contributions shall be received and expenditures made by or
through the treasurer.
(b) File a statement of organization with the appropriate filing
officer. The statement shall include:
(A) The name and address of the chief petitioners.
(B) The name and address of the treasurer appointed under paragraph
(a) of this subsection.
(C) A designation of the statewide initiative or referendum
petition or the recall petition. The designation of the recall petition
shall include the name of the officer whose recall is demanded.
(2) The chief petitioners shall certify the name of the treasurer
and file the statement of organization not later than the third business
day after the chief petitioners receive a contribution or make an
expenditure relating to the statewide initiative or referendum petition.
(3) Any change in the information submitted in a statement of
organization under subsection (1) of this section shall be indicated in
an amended certification or an amended statement of organization filed
not later than the 10th day after the change in information.
(4) For each statewide initiative petition, the treasurer appointed
under subsection (1) of this section shall file with the Secretary of
State a statement described in subsection (7) of this section for each
period described in this subsection. A statement shall be filed under
this subsection beginning with the period during which the aggregate
amount of contributions received or expenditures made exceeds $2,000. The
following statements shall be filed:
(a) A statement of contributions received and expenditures made
filed not later than September 10 of an odd-numbered year. The accounting
period for the statement required under this paragraph begins on the date
the treasurer is appointed under subsection (1) of this section and ends
on September 1.
(b) A statement of contributions received and expenditures made
filed not later than February 6 of an even-numbered year. The accounting
period for the statement required under this paragraph begins on the date
the treasurer is appointed under subsection (1) of this section or on the
day following the last day of the accounting period for the previous
statement filed and ends on January 28.
(c) A statement of contributions received and expenditures made
filed not later than the 12th day before the date of the primary
election. The accounting period for the statement required under this
paragraph begins on the date the treasurer is appointed under subsection
(1) of this section or on the day following the last day of the
accounting period for the previous statement filed and ends on the 16th
day before the date of the primary election.
(5) Not later than the 15th day after the last day for filing a
statewide initiative or referendum petition or any recall petition with
the filing officer for verification of signatures, the treasurer
appointed under subsection (1) of this section shall file with the filing
officer a statement described in subsection (7) of this section. The
statement required under this subsection shall be filed whether or not
the petition was completed or filed or was withdrawn under ORS 250.029.
(6) Not later than the 15th day after the date an initiative or
referendum petition that is not statewide is filed with the filing
officer for verification of signatures, the chief petitioners of the
initiative or referendum petition shall file with the filing officer a
statement described in subsection (7) of this section.
(7) The statement referred to in subsections (4) to (6) of this
section shall include the following information:
(a) The name and address of the chief petitioner.
(b) A designation of the initiative, referendum or recall petition.
The designation of any recall petition shall include the name of the
officer whose recall is demanded.
(c) A statement conforming to ORS 260.083 of contributions received
and expenditures made.
(8)(a) For a statewide initiative petition, the accounting period
for the statement required by subsection (5) of this section begins on
the 15th day before the date of the primary election and ends on the
deadline for submitting signatures for verification.
(b) For a statewide referendum petition, the accounting period for
the statement required by subsection (5) of this section begins on the
date that the name of the treasurer is certified to the filing officer
under this section. The accounting period ends on the deadline for
submitting signatures for verification.
(c) For a recall petition, the accounting period for the statement
required by subsection (5) of this section begins on the day after the
date on which the statement of contributions received and expenditures
made required under ORS 249.865 is filed. The accounting period ends on
the deadline for submitting signatures for verification.
(d) For an initiative or referendum petition that is not statewide,
the accounting period for the statement required by subsection (6) of
this section begins on the date the prospective petition is filed and
ends on the date that signatures are submitted for verification.
(9)(a) If a statement filed under subsection (5) of this section
for a statewide initiative or referendum petition or any recall petition
that did not qualify for the ballot shows an unexpended balance of
contributions or an expenditure deficit, and the chief petitioner's
committee does not intend to support or oppose a measure that is on the
subsequent general election ballot, a supplemental statement shall be
filed annually not later than September 10.
(b) If a statement filed under this section for a statewide
initiative or referendum petition or any recall petition that did not
qualify for the ballot shows an unexpended balance of contributions or an
expenditure deficit, and the chief petitioner's committee intends to
support or oppose a measure that is on the subsequent general election
ballot, the treasurer appointed under subsection (1) of this section need
not file a supplemental statement in that year, but shall file the
statements required under ORS 260.057.
(c) The accounting period for the supplemental statement required
by this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on September
1.
(10) Each statement required under subsections (4) to (6) of this
section shall be signed and certified as true by the chief petitioner or
treasurer required to file it.
(11) As used in this section, "contribution" and "expenditure"
include a contribution or expenditure to or on behalf of an initiative,
referendum or recall petition. (1) The
Secretary of State may adopt rules for the manner of determining and
reporting expenditures and contributions under this chapter, including
but not limited to rules for allocation of contributions and expenditures
and for determination of fair market value of contributions other than
money. Rules adopted under this section shall provide for proportional
reporting of expenditures and contributions that benefit more than one
candidate or political committee.
(2) The valuation or allocation of any contribution or expenditure
under a rule adopted by the Secretary of State before the contribution or
expenditure was made or, if it is a continuing contribution or
expenditure, the valuation or allocation of that part available to and
used on behalf of the candidate after the adoption of the rule, shall be
presumed to be the fair market value or allocation of it. [1973 c.744
§11; 1975 c.683 §10; 1975 c.684 §7a; 1979 c.190 §355; 2001 c.965 §64](1) A candidate, political committee or chief petitioner
required to file a statement under ORS 260.058, 260.063, 260.068,
260.073, 260.102 or 260.118 shall file the statement in an electronic
format if:
(a) The filing officer for the candidate, political committee or
chief petitioner is the Secretary of State; and
(b) During the total period described in ORS 260.058, 260.063,
260.068, 260.073, 260.102 or 260.118, the aggregate amount of
contributions received and expenditures made by the candidate, political
committee or chief petitioner is $50,000 or more.
(2) The Secretary of State by rule shall specify when a candidate,
political committee or chief petitioner required to file statements in an
electronic format under subsection (1) of this section shall file the
first statement in an electronic format.
(3) If a candidate, political committee or chief petitioner is
required to file statements electronically under subsection (1) of this
section, the candidate, political committee or chief petitioner shall
continue to file all subsequent statements required under ORS 260.058,
260.063, 260.068, 260.073, 260.102 or 260.118 in an electronic format,
unless the Secretary of State determines that extraordinary and
unforeseeable circumstances have made it impracticable for the candidate,
political committee or chief petitioner to continue filing electronically.
(4) Statements filed electronically under this section shall
conform to the technical specifications for electronic filing prescribed
by the Secretary of State by rule.
(5) If a candidate, political committee or chief petitioner files
an amendment to a statement that was filed electronically, the amendment
shall also be filed in an electronic format. The Secretary of State by
rule shall determine the methods and specifications for the filing of
amended statements.
(6) Signatures required on any statement filed in an electronic
format shall be supplied in the manner specified by the Secretary of
State by rule. [1999 c.824 §7]Note: 260.159 is repealed January 1, 2007. See sections 56 and 57,
chapter 809, Oregon Laws 2005. (1) A county or
city may adopt charter provisions or ordinances that require the filing
of:
(a) Statements of contributions received and expenditures made that
are in addition to the statements required to be filed under this chapter
by candidates for nomination or election to county or city office or by
political committees supporting or opposing candidates for nomination or
election to county or city office or the adoption of a county or city
measure; or
(b) Statements of independent expenditures made by persons in
support of or in opposition to candidates for nomination or election to
county or city office or in support of or in opposition to the adoption
of a county or city measure that are in addition to the statements
required to be filed under this chapter.
(2) If a county or city adopts a charter provision or ordinance
under subsection (1) of this section:
(a) The county or city shall file a copy of the charter provision
or ordinance with the Secretary of State; and
(b) For purposes of this chapter, any additional statements
required to be filed by the charter provision or ordinance are considered
statements required to be filed under ORS 260.044, 260.058, 260.063,
260.068 or 260.073. [2005 c.809 §51]Note: The amendments to 260.163 by section 52, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 53, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.163. (1) A county or city may adopt charter provisions or
ordinances that:
(a) Require the filing of electronic or paper statements of
contributions received and expenditures made that are in addition to the
statements required to be filed under this chapter by candidates for
nomination or election to county or city office or by political
committees supporting or opposing candidates for nomination or election
to county or city office or the adoption of a county or city measure;
(b) Require the filing of electronic or paper statements of
independent expenditures made by persons in support of or in opposition
to candidates for nomination or election to county or city office or in
support of or in opposition to the adoption of a county or city measure
that are in addition to the statements required to be filed under this
chapter; or
(c) Subject to subsection (2) of this section, designate the county
clerk or city elections officer as the filing officer for:
(A) Statements required to be filed under this chapter by
candidates for nomination or election to county or city office or by
political committees supporting or opposing candidates for nomination or
election to county or city office or the adoption of a county or city
measure;
(B) Statements required to be filed under this chapter by persons
making independent expenditures in support of or opposition to candidates
for nomination or election to county or city office or in support of or
opposition to the adoption of a county or city measure;
(C) Any additional statements of contributions received or
expenditures made that are required by a charter provision or ordinance
to be filed by candidates for nomination or election to county or city
office or by political committees supporting or opposing candidates for
nomination or election to county or city office or the adoption of a
county or city measure; or
(D) Any additional statements of independent expenditures made that
are required by a charter provision or ordinance to be filed by persons
supporting or opposing candidates for nomination or election to county or
city office or supporting or opposing the adoption of a county or city
measure.
(2) If a county or city adopts a charter provision or ordinance
requiring the filing of statements of contributions received and
expenditures made or the filing of statements of independent expenditures
that are in addition to the statements required to be filed under this
chapter, the charter provision or ordinance shall also designate the
county clerk or city elections officer as the filing officer for the
additional statements.
(3) If a county or city adopts a charter provision or ordinance
under subsection (1) of this section:
(a) The county or city shall file a copy of the charter provision
or ordinance with the Secretary of State; and
(b) For purposes of this chapter, any additional statements
required to be filed by the charter provision or ordinance are considered
statements required to be filed under ORS 260.044 or 260.057.
(4) If a county or city adopts a charter provision or ordinance
under subsection (1) of this section that designates the county clerk or
city elections officer as the filing officer for a statement described in
subsection (1) of this section, any reference in this chapter to the
filing officer or to the Secretary of State as the filing officer for the
statement is considered a reference to the county clerk or the city
elections officer.(Administration and Enforcement)The Secretary of
State by rule shall:
(1) Prescribe a uniform system for accounts required by ORS 260.055.
(2) Prescribe forms for statements and other information required
under this chapter to be filed with filing officers, and furnish those
forms to persons required to file those statements and other information.
(3) Prescribe materials, including financial institution account
statements and copies of checks, that a candidate or political committee
must retain or provide to the secretary for purposes of administering or
enforcing the provisions of this chapter. The secretary shall prescribe
personal or confidential information that is not required to be disclosed
under this subsection. [1971 c.749 §17; 1979 c.190 §356; 1985 c.808 §58;
1993 c.493 §72; 1999 c.999 §12; 2005 c.809 §7](1) Except as provided in this subsection, a
filing officer shall inspect each statement filed under ORS 260.058,
260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 or
section 6, chapter 542, Oregon Laws 2003, not later than the 10th
business day after the filing deadline or the 10th business day after the
statement is filed, whichever is later. The statement required under ORS
260.068 (1)(d) and 260.073 (1)(d) shall be inspected not later than the
30th business day after the filing deadline or the 30th business day
after the statement is filed, whichever is later. This subsection does
not apply to statements required under ORS 260.058 (1)(c), 260.063
(1)(c), 260.068 (1)(c) and (2) and 260.073 (1)(c) and (2).
(2) A filing officer immediately shall notify a person required to
file a statement with the filing officer under ORS 260.058, 260.063,
260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 or section 6,
chapter 542, Oregon Laws 2003, if:
(a) Upon examination of relevant materials, it appears to the
filing officer that the person has failed to file a required statement or
that a statement filed with the filing officer by the person is
insufficient; or
(b) A complaint is filed with the filing officer under subsection
(3) of this section.
(3) An elector may file with a filing officer a complaint that a
statement filed with the filing officer is insufficient or that a person
has failed to file a required statement. The complaint shall be in
writing, shall state in detail the reasons for complaint and shall be
filed with the filing officer not later than the 90th day after the date
the statement of which it complains is filed or should have been filed.
[1971 c.749 §18; 1979 c.190 §357; 1981 c.142 §6; 1985 c.808 §59; 1991
c.719 §18; 1993 c.493 §73; 1999 c.999 §13; 2001 c.732 §6; 2003 c.542 §16;
2005 c.797 §25]Note: The amendments to 260.205 by section 38a, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.205. (1) A filing officer shall inspect each statement filed
under ORS 260.057, 260.083, 260.102, 260.112 or 260.118 not later than
the 10th business day after the filing deadline or the 10th business day
after the statement is filed, whichever is later.
(2) A filing officer immediately shall notify a person required to
file a statement with the filing officer under ORS 260.057, 260.083,
260.102, 260.112 or 260.118 if:
(a) Upon examination of relevant materials, it appears to the
filing officer that the person has failed to file a required statement or
that a statement filed with the filing officer by the person is
insufficient; or
(b) A complaint is filed with the filing officer under subsection
(3) of this section.
(3) An elector may file with a filing officer a complaint that a
statement filed with the filing officer is insufficient or that a person
has failed to file a required statement. The complaint shall be in
writing, shall state in detail the reasons for complaint and shall be
filed with the filing officer not later than the 90th day after the date
the statement of which it complains is filed or should have been filed.(1) Not later than the third month after
the date of a primary election or general election, each filing officer
shall examine each statement relating to the election filed with the
officer under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073,
260.083, 260.102 or 260.112 or section 6, chapter 542, Oregon Laws 2003,
to determine whether the statement is sufficient.
(2) Not later than the third month after the date a statement is
filed under ORS 260.118, the filing officer shall examine the statement
to determine whether the statement is sufficient.
(3) The filing officer under subsections (1) and (2) of this
section may require any person to answer in writing and upon oath or
affirmation before a judge, justice of the peace, county clerk or notary
public any question within the knowledge of that person concerning the
source of any contribution. The filing officer shall advise the person of
the penalty for failure to answer.
(4)(a) For statements filed during the total period described in
ORS 260.058 (1) or 260.068 (1) and (2) or section 6, chapter 542, Oregon
Laws 2003, in addition to the requirements of ORS 260.205 and this
section, the Secretary of State shall review statements filed with the
secretary under ORS 260.058 (1) or 260.068 (1) or (2) or section 6,
chapter 542, Oregon Laws 2003, by the principal campaign committees of
all candidates for nomination or election to state office. For each
review, the secretary shall require a candidate or treasurer of a
political committee to provide documentation of not more than eight
transactions.
(b) The secretary shall review statements under this subsection
during the three-month period following the deadline for filing a
statement under ORS 260.058 or 260.068 or section 6, chapter 542, Oregon
Laws 2003, for a primary, general or special election.
(c) As used in this subsection, "state office" does not include the
office of judge or district attorney. [1971 c.749 §19; 1973 c.744 §19;
1979 c.190 §358; 1981 c.142 §7; 1983 c.71 §7; 1993 c.493 §74; 1995 c.712
§78; 1999 c.999 §14; 2003 c.542 §17; 2005 c.809 §39]Note: The amendments to 260.215 by section 39a, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 39b, chapter
809, Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.215. (1) For statements filed during each calendar year, each
filing officer shall examine each statement filed with the filing officer
under ORS 260.044 (1), 260.057, 260.083, 260.102 or 260.112 to determine
whether the statement is sufficient. The filing officer shall examine
statements under this section not later than 90 days after the end of
each calendar quarter for statements filed during the previous calendar
quarter.
(2) Not later than the third month after the date a statement is
filed under ORS 260.118, the filing officer shall examine the statement
to determine whether the statement is sufficient.
(3) The filing officer under subsections (1) and (2) of this
section may require any person to answer in writing and upon oath or
affirmation before a judge, justice of the peace, county clerk or notary
public any question within the knowledge of that person concerning the
source of any contribution. The filing officer shall advise the person of
the penalty for failure to answer.
(4)(a) For statements filed during each calendar year, in addition
to the requirements of ORS 260.205 and this section, the Secretary of
State shall review statements filed with the secretary under ORS 260.057
by the principal campaign committees of all candidates for nomination or
election to state office. For each review, the secretary shall require a
candidate or treasurer of a political committee to provide documentation
of not more than eight transactions.
(b) The secretary shall review statements under this subsection on
a quarterly basis.
(c) As used in this subsection, "state office" does not include the
office of judge or district attorney. (1) The Secretary of State may issue
subpoenas to compel the production of records, documents, books, papers,
memoranda or other information necessary to determine compliance with the
provisions of this chapter.
(2) If a person fails to comply with any subpoena issued under
subsection (1) of this section, a judge of the circuit court of any
county, on application of the Secretary of State shall compel obedience
by proceedings for contempt as in the case of disobedience of the
requirements of a subpoena issued from the circuit court. [1987 c.727
§13; 1993 c.493 §75; 1999 c.999 §15](1) Upon the petition of the Secretary of State or an
elector, or of any other filing officer with whom a report is required to
be filed, the circuit court for the county in which the principal office
of the filing officer is located may compel a candidate, treasurer or
person who fails to file a statement required to be filed with the filing
officer under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073,
260.076, 260.083, 260.102, 260.112 or 260.118 or section 6, chapter 542,
Oregon Laws 2003, or who files with the filing officer an insufficient
statement, to file with the filing officer a proper statement. The
petition shall be filed with the circuit court not later than the 90th
day after the date the statement is filed or should have been filed.
(2) If the court determines that a petition filed under this
section is frivolous or the court does not compel the filing of any
statement, the candidate, treasurer or person against whom the petition
was filed is entitled to recover reasonable attorney fees at trial and on
appeal. [1971 c.749 §20; 1973 c.744 §20; 1979 c.190 §359; 1985 c.808 §60;
1989 c.571 §1; 1993 c.493 §76; 1999 c.999 §16; 2001 c.82 §7; 2003 c.542
§18]Note: The amendments to 260.225 by section 40, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.225. (1) Upon the petition of the Secretary of State or an
elector, or of any other filing officer with whom a statement is required
to be filed, the circuit court for the county in which the principal
office of the filing officer is located may compel a candidate, treasurer
or person who fails to file a statement required to be filed with the
filing officer under ORS 260.044 (1), 260.057, 260.076, 260.083, 260.102,
260.112 or 260.118, or who files with the filing officer an insufficient
statement, to file with the filing officer a proper statement. The
petition shall be filed with the circuit court not later than the 90th
day after the date the statement is filed or should have been filed.
(2) If the court determines that a petition filed under this
section is frivolous or the court does not compel the filing of any
statement, the candidate, treasurer or person against whom the petition
was filed is entitled to recover reasonable attorney fees at trial and on
appeal.(1) The Secretary of State may impose a civil
penalty as provided in this section, in addition to any other penalty
that may be imposed, for:
(a) Failure to file a statement or certificate required to be filed
under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.076,
260.078, 260.083, 260.102, 260.112 or 260.118 or section 6, chapter 542,
Oregon Laws 2003.
(b) Failure to include in a statement filed under ORS 260.058,
260.063, 260.068, 260.073, 260.076, 260.078, 260.083, 260.102, 260.112 or
260.118 or section 6, chapter 542, Oregon Laws 2003, the information
required under ORS 260.076, 260.083, 260.102 or 260.118 or section 6,
chapter 542, Oregon Laws 2003.
(2) If a person required to file has not filed a statement or
certificate complying with applicable provisions of ORS 260.044 (1),
260.058, 260.063, 260.068, 260.073, 260.076, 260.078, 260.083, 260.085,
260.102, 260.112 or 260.118 or section 6, chapter 542, Oregon Laws 2003,
within the time specified in ORS 260.058, 260.063, 260.068, 260.073,
260.076, 260.078 or 260.118 or section 6, chapter 542, Oregon Laws 2003,
the Secretary of State by certified mail shall notify the person that a
penalty may be imposed and that the person has 20 days to request a
hearing before the Secretary of State. If the person required to file is
a candidate or the principal campaign committee of a candidate, the
Secretary of State shall send the notice described in this subsection by
certified mail to the individual who is the candidate and by first class
mail to the candidate's treasurer or the treasurer of the candidate's
principal campaign committee. The notice sent by certified mail to the
individual who is a candidate shall be used for purposes of determining
the deadline for requesting a hearing under subsection (3) of this
section. The Secretary of State is not required to send two notices if
the candidate serves as the treasurer of the candidate's principal
campaign committee.
(3) A hearing on whether to impose a civil penalty and to consider
circumstances in mitigation shall be held by the Secretary of State:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day after the
person received the notice sent under subsection (2) of this section;
(b) Upon request of the filing officer with whom a statement or
certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State's own motion.
(4) A hearing under subsection (3) of this section shall be held
not later than 30 days after the deadline for the person against whom the
penalty may be assessed to request a hearing. However, if requested by
the person against whom the penalty may be assessed, a hearing under
subsection (3) of this section shall be held not later than 45 days after
the deadline for the person against whom the penalty may be assessed to
request a hearing.
(5) The Secretary of State shall issue an order not later than 90
days after a hearing or after the deadline for requesting a hearing if no
hearing is held.
(6) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but instead may
submit written testimony and other evidence, subject to the penalty for
false swearing, to the Secretary of State for entry in the hearing
record. Such documents must be received by the secretary not later than
three business days before the day of the hearing.
(7) A civil penalty imposed under this section may not be more than:
(a) $10,000 for failure to file a statement or certificate required
to be filed under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073,
260.076, 260.078, 260.083, 260.102, 260.112 or 260.118 or section 6,
chapter 542, Oregon Laws 2003; or
(b) $10,000 for each failure to include in a statement filed under
ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.078, 260.083,
260.102, 260.112 or 260.118 or section 6, chapter 542, Oregon Laws 2003,
the information required under ORS 260.076, 260.083, 260.102 or 260.118
or section 6, chapter 542, Oregon Laws 2003.
(8) The Secretary of State, upon a showing of mitigating
circumstances, may reduce the amount of the penalty described in
subsection (7) of this section.
(9) Except as otherwise provided by this section, civil penalties
under this section shall be imposed as provided in ORS 183.745. [1979
c.190 §360; 1979 c.519 §34a; 1981 c.234 §13; 1983 c.71 §8; 1985 c.471
§14; 1991 c.319 §1; 1991 c.719 §30; 1991 c.734 §118; 1993 c.493 §77; 1993
c.743 §24; 1999 c.999 §17; 2001 c.82 §8; 2003 c.542 §19; 2005 c.797 §17]Note: The amendments to 260.232 by section 41, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.232. (1) The Secretary of State may impose a civil penalty as
provided in this section, in addition to any other penalty that may be
imposed, for:
(a) Failure to file a statement or certificate required to be filed
under ORS 260.044 (1), 260.057, 260.076, 260.078, 260.083, 260.102,
260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.057,
260.076, 260.078, 260.083, 260.102, 260.112 or 260.118 the information
required under ORS 260.057, 260.076, 260.083, 260.102 or 260.118.
(2) If a person required to file has not filed a statement or
certificate complying with applicable provisions of ORS 260.044 (1),
260.057, 260.076, 260.078, 260.083, 260.085, 260.102, 260.112 or 260.118
within the time specified in ORS 260.057, 260.076, 260.078 or 260.118,
the Secretary of State by certified mail shall notify the person that a
penalty may be imposed and that the person has 20 days to request a
hearing before the Secretary of State. If the person required to file is
a candidate or the principal campaign committee of a candidate, the
Secretary of State shall send the notice described in this subsection by
certified mail to the individual who is the candidate and by first class
mail to the candidate's treasurer or the treasurer of the candidate's
principal campaign committee. The notice sent by certified mail to the
individual who is a candidate shall be used for purposes of determining
the deadline for requesting a hearing under subsection (3) of this
section. The Secretary of State is not required to send two notices if
the candidate serves as the treasurer of the candidate's principal
campaign committee.
(3) A hearing on whether to impose a civil penalty and to consider
circumstances in mitigation shall be held by the Secretary of State:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day after the
person received the notice sent under subsection (2) of this section;
(b) Upon request of the filing officer with whom a statement or
certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State's own motion.
(4) A hearing under subsection (3) of this section shall be held
not later than 30 days after the deadline for the person against whom the
penalty may be assessed to request a hearing. However, if requested by
the person against whom the penalty may be assessed, a hearing under
subsection (3) of this section shall be held not later than 45 days after
the deadline for the person against whom the penalty may be assessed to
request a hearing.
(5) The Secretary of State shall issue an order not later than 90
days after a hearing or after the deadline for requesting a hearing if no
hearing is held.
(6) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but instead may
submit written testimony and other evidence, subject to the penalty for
false swearing, to the Secretary of State for entry in the hearing
record. The testimony and other evidence must be received by the
secretary not later than three business days before the day of the
hearing.
(7) A civil penalty imposed under this section may not be more than:
(a) $10,000 for failure to file a statement or certificate required
to be filed under ORS 260.044 (1), 260.057, 260.076, 260.078, 260.083,
260.102, 260.112 or 260.118; or
(b) $10,000 for each failure to include in a statement filed under
ORS 260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or 260.118 the
information required under ORS 260.057, 260.076, 260.083, 260.102 or
260.118.
(8) The Secretary of State, upon a showing of mitigating
circumstances, may reduce the amount of the penalty described in
subsection (7) of this section.
(9) Except as otherwise provided by this section, civil penalties
under this section shall be imposed as provided in ORS 183.745.(1) Despite delay in the filing of
statements relating to a candidate's nomination required to be filed
under ORS 260.058 or in the filing of a certificate in lieu of the
statement required by ORS 260.058, the candidate's name shall appear on
the general election ballot if those statements are filed before the 61st
day before the general election.
(2) A candidate's name shall not be placed on the general election
ballot if the statements referred to in subsection (1) of this section
are not filed before the 61st day before the general election.
(3) If the statements referred to in subsection (1) of this section
are not filed by the 68th day before the general election, the filing
officer by mail shall notify the person required to file the statements
that the candidate's name may not be placed on the general election
ballot. The filing officer shall send the notice described in this
subsection by certified mail to the individual who is the candidate and
by first class mail to the candidate's treasurer or the treasurer of the
candidate's principal campaign committee. The filing officer is not
required to send two notices if the candidate serves as the treasurer of
the candidate's principal campaign committee. [1979 c.190 §361; 1981
c.234 §14; 1985 c.808 §61; 1993 c.493 §78; 1999 c.999 §18]Note: The amendments to 260.241 by section 42, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.241. (1) Despite delay in the filing of statements relating to
a candidate's nomination required to be filed under ORS 260.057, or in
the filing of a certificate described in ORS 260.112 in lieu of a
statement required under ORS 260.057, prior to the nominating election,
the candidate's name shall appear on the general election ballot if those
statements or the certificate is filed before the 61st day before the
general election.
(2) A candidate's name shall not be placed on the general election
ballot if the statements or certificate referred to in subsection (1) of
this section is not filed before the 61st day before the general election.
(3) If the statements or certificate referred to in subsection (1)
of this section is not filed by the 68th day before the general election,
the filing officer by mail shall notify the person required to file the
statements or certificate that the candidate's name may not be placed on
the general election ballot. The filing officer shall send the notice
described in this subsection by certified mail to the individual who is
the candidate and by first class mail to the candidate's treasurer or the
treasurer of the candidate's principal campaign committee. The filing
officer is not required to send two notices if the candidate serves as
the treasurer of the candidate's principal campaign committee.A certificate of election or
certificate of nomination may not be granted to any candidate until the
candidate has filed the statements relating to the election that the
candidate is required to file under ORS 260.058 and 260.068 and section
6, chapter 542, Oregon Laws 2003. [1971 c.749 §22; 1973 c.744 §22; 1977
c.829 §21; 1979 c.190 §362; 1981 c.234 §15; 2003 c.542 §20]Note: The amendments to 260.245 by section 43, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.245. The Secretary of State, county clerk or chief city
elections officer may not grant a certificate of election or certificate
of nomination to any candidate until the candidate has filed the
statements relating to the election that the candidate is required to
file under ORS 260.057.(1) A filing officer shall preserve each
statement filed with the officer under ORS 260.058, 260.063, 260.068,
260.073, 260.076, 260.083, 260.102, 260.112 or 260.118 or section 6,
chapter 542, Oregon Laws 2003, or an accurate copy of it, for at least
six years after the date of the election to which the statement refers.
(2) The Secretary of State shall prepare for each election a
summary of the statements filed with the secretary under ORS 260.058 (1),
260.063 (1), 260.068 (1) and 260.073 (1) and shall make the summary
available to the public. The county clerk may prepare such a summary
regarding candidates for county offices and county measures. The
Secretary of State by rule may require a filing officer to prepare such a
summary regarding other offices or measures.
(3) The summary reports prepared under this section shall include a
list of all expenditures that total $100 or more to any one person and a
list of all contributions of more than $100. [1971 c.749 §23; 1973 c.744
§23; 1975 c.683 §12; 1979 c.190 §363; 1981 c.234 §16; 1991 c.719 §31;
1993 c.493 §79; 1999 c.999 §19; 2001 c.82 §9; 2003 c.542 §21; 2005 c.797
§18; 2005 c.809 §44]Note: The amendments to 260.255 by section 44a, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.255. (1) Except as provided in subsection (2) of this section,
a filing officer shall preserve each statement filed with the officer
under ORS 260.057, 260.076, 260.083, 260.102, 260.112 or 260.118, or an
accurate copy of it, for at least six calendar years.
(2) The Secretary of State shall maintain all data filed
electronically under ORS 260.057 on the Internet for at least six
calendar years after the date the secretary first makes the data
available. After six calendar years, if the data are not maintained on
the Internet, the secretary shall archive the data in a secure format so
that the data are available to the public.ELECTION OFFENSES(Administration and Enforcement) (1) The Secretary of State,
at the expense of the state, shall furnish to the other filing officers
copies of this chapter.
(2) A filing officer shall deliver a copy of this chapter to each
candidate or person whom the officer has reason to believe is required to
file a statement with the officer under ORS 260.058, 260.063, 260.068,
260.073, 260.076, 260.083, 260.102, 260.112 or 260.118 or section 6,
chapter 542, Oregon Laws 2003. [Formerly 260.030; 1979 c.190 §364; 1993
c.493 §80; 2001 c.82 §10; 2003 c.542 §22]Note: The amendments to 260.315 by section 45, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 57, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.315. (1) The Secretary of State, at the expense of the state,
shall furnish to the other filing officers copies of this chapter.
(2) A filing officer shall deliver a copy of this chapter to each
candidate or person whom the officer has reason to believe is required to
file a statement with the officer under ORS 260.057, 260.076, 260.083,
260.102, 260.112 or 260.118.(1) Any elector may
file with any filing officer a written complaint alleging that a
violation of an election law or rule adopted by the Secretary of State
under ORS chapters 246 to 260 has occurred and stating the reason for
believing that the violation occurred and any evidence relating to it. A
complaint alleging a violation involving the Secretary of State, a
candidate for the office of Secretary of State, or any political
committee or person supporting the Secretary of State or a candidate for
the office of Secretary of State may be filed with the Attorney General.
The Secretary of State or Attorney General shall not accept an anonymous
complaint.
(2) The Secretary of State by rule shall prescribe the procedure
for processing a complaint filed with any person other than the Secretary
of State. If the complaint concerns the Secretary of State, any candidate
for the office of the Secretary of State, or any political committee or
person supporting the candidacy of the Secretary of State or of another
person for the office of Secretary of State, the complaint and any
additional information relating to the complaint shall be sent to the
Attorney General.
(3) Upon receipt of a complaint under subsection (1) or (2) of this
section the Secretary of State or Attorney General immediately shall
examine the complaint to determine whether a violation of an election law
or rule has occurred and shall make any investigation the Secretary of
State or Attorney General considers necessary. Except as provided in this
subsection, within 48 hours of receiving a complaint under subsection (1)
or (2) of this section, the Secretary of State or Attorney General shall
notify the person who is the subject of the complaint that a complaint
has been received. If the Secretary of State or Attorney General receives
a complaint or complaints involving 25 or more individuals or political
committees in any 24-hour period, the Secretary of State or Attorney
General need not notify the persons who are the subjects of those
complaints within 48 hours of receiving the complaints but shall notify
those persons not later than 10 business days after receiving the
complaint or complaints.
(4) If the Secretary of State believes after an investigation under
subsection (3) of this section that a violation of an election law or
rule has occurred, the secretary:
(a) In the case of a violation that is subject to a penalty under
ORS 260.993, immediately shall report the findings to the Attorney
General and request prosecution. If the violation involves the Attorney
General, a candidate for that office or a political committee or person
supporting or opposing the Attorney General or a candidate for that
office, the Secretary of State shall appoint another prosecutor for that
purpose; or
(b) In the case of a violation not subject to a penalty under ORS
260.993, may impose a civil penalty under ORS 260.995.
(5) Upon receipt of a complaint or report under subsection (1), (2)
or (4) of this section involving an alleged violation subject to a
penalty under ORS 260.993, the Attorney General or other prosecutor
immediately shall examine the complaint or report to determine whether a
violation of an election law has occurred. If the Attorney General or
prosecutor determines that a violation has occurred, the Attorney General
or prosecutor immediately shall begin prosecution in the name of the
state. The Attorney General or other prosecutor shall have the same
powers in any county of this state as the district attorney for the
county.
(6) Upon receipt of a complaint under subsection (1) or (2) of this
section involving an alleged violation of an election law or rule not
subject to a penalty under ORS 260.993, the Attorney General shall
examine the complaint to determine whether a violation of an election law
or rule has occurred and shall make any investigation the Attorney
General considers necessary. If the Attorney General believes after an
investigation that a violation of an election law or rule has occurred,
the Attorney General may impose a civil penalty under ORS 260.995.
(7) In the case of an alleged violation subject to a civil penalty
under ORS 260.995, a complaint shall be filed by an elector under this
section no later than 90 days following the election at which a violation
of an election law or rule is alleged to have occurred, or 90 days
following the date the violation of an election law or rule is alleged to
have occurred, whichever is later.
(8) A filing officer having reason to believe that a violation of
an election law or rule has occurred shall proceed promptly as though the
officer had received a complaint. A filing officer shall proceed under
this subsection no later than two years following the election at which a
violation of an election law or rule is alleged to have occurred, or two
years following the date the violation of an election law or rule is
alleged to have occurred, whichever is later. If a filing officer has not
proceeded within two years because of fraud, deceit, misleading
representation or the filing officer could not have reasonably discovered
the alleged violation, the filing officer shall proceed no later than
five years following the election at which a violation of an election law
or rule is alleged to have occurred, or five years following the date the
violation of an election law or rule is alleged to have occurred,
whichever is later. [Formerly 260.105; 1973 c.744 §24; 1979 c.190 §365;
1987 c.718 §2; 1987 c.727 §9; 1989 c.171 §35; 1989 c.301 §1; 1989 c.571
§2; 1991 c.719 §32; 1993 c.493 §81] A
proceeding for violation of an election law shall be advanced on the
docket of the court upon request of any party. However, the court may
postpone or continue the trial if justice demands. As a condition of a
continuance or postponement the court may impose costs. No petition shall
be dismissed without the consent of the prosecutor, unless it is
dismissed by the court. [Formerly 260.375; 1985 c.471 §15]If, after a plea of guilty by or verdict of
guilty against a person nominated or elected to a public office in a
criminal prosecution of the person for violation of an election law in
regard to either the person's nomination or election, the court
determines that the violation was deliberate and material, the court, in
addition to any other punishment it may impose, shall deprive the person
of the nomination or, if the person was elected to an office other than
state Senator or state Representative, of the office. In making the
determination the court, in its discretion, may hear evidence, by
testimony in open court or, if authorized by the court, by deposition, at
a specified time and upon notice to the parties as the court may direct.
[1971 c.749 §30; 1979 c.190 §367](1) A person nominated or elected to public office,
and whose nomination or election has been annulled for violation of an
election law, shall not serve, during the term of the office, in any
office or vacancy in any office or position of trust, honor or emolument,
whether elected or appointed, in this state.
(2) An appointment or election to an office or position of trust,
honor or emolument made in violation of subsection (1) of this section
shall be void. [Formerly 260.470; 1979 c.190 §368](Particular Offenses) (1) A person may not make a
contribution in any name other than that of the person who in truth
provides the contribution to:
(a) Any other person, relating to a nomination or election of any
candidate or the support of or opposition to any measure;
(b) Any political committee; or
(c) A chief petitioner or treasurer required to file a statement
under ORS 260.118.
(2) Except as provided in subsection (3) of this section, a person,
political committee or chief petitioner may not knowingly receive a
contribution prohibited under subsection (1) of this section or enter or
cause the contribution to be entered in accounts or records in another
name than that of the person by whom it was actually provided.
(3) If a person receives a contribution from a political committee,
the person may enter the contribution into accounts or records as
received from the political committee. [Formerly 260.210; 1973 c.744 §25;
1979 c.190 §369; 1991 c.911 §1; 2005 c.797 §19; 2005 c.809 §15] (1) Except
as provided in subsection (2) of this section, amounts received as
contributions by a candidate or the principal campaign committee of a
candidate for public office that are in excess of any amount necessary to
defray campaign expenditures and any other funds donated to a holder of
public office may be:
(a) Used to defray any expenses incurred in connection with the
recipient's duties as a holder of public office;
(b) Transferred to any national, state or local political committee
of any political party;
(c) Contributed to any organization described in section 170(c) of
Title 26 of the United States Code or to any charitable corporation
defined in ORS 128.620; or
(d) Used for any other lawful purpose.
(2) Notwithstanding subsection (1) of this section, amounts
received as contributions by a candidate for public office that are in
excess of any amount necessary to defray campaign expenditures and other
funds donated to a holder of public office shall not be converted by any
person to any personal use other than to defray any expenses incurred in
connection with the person's duties as a holder of public office or to
repay to a candidate any loan the proceeds of which were used in
connection with the candidate's campaign.
(3) As used in this section:
(a) "Funds donated" means all funds, including but not limited to
gifts, loans, advances, credits or deposits of money that are donated for
the purpose of supporting the activities of a holder of public office.
"Funds donated" does not mean funds appropriated by the Legislative
Assembly or another similar public appropriating body or personal funds
of the office holder donated to an account containing only those personal
funds.
(b) "Public office" does not include national or political party
office. [1995 c.1 §18; 1999 c.999 §20]A candidate or principal campaign committee of a candidate may
not use amounts received as contributions by the candidate or committee
to make an expenditure to or on behalf of the candidate in consideration
for the rendering of professional services by the candidate. [2005 c.809
§12]No person shall accept employment with the understanding or
agreement, express or implied, that the person will contribute any of the
compensation to be received because of the employment to or on behalf of
a candidate or political committee in support of the nomination or
election of the candidate or in support of or in opposition to a measure.
[1971 c.749 §39; 1973 c.744 §27; 1979 c.190 §371](1) No person shall attempt to, or
actually, coerce, command or require a public employee to influence or
give money, service or other thing of value to promote or oppose any
political committee or to promote or oppose the nomination or election of
a candidate, the gathering of signatures on an initiative, referendum or
recall petition, the adoption of a measure or the recall of a public
office holder.
(2) No public employee shall solicit any money, influence, service
or other thing of value or otherwise promote or oppose any political
committee or promote or oppose the nomination or election of a candidate,
the gathering of signatures on an initiative, referendum or recall
petition, the adoption of a measure or the recall of a public office
holder while on the job during working hours. However, this section does
not restrict the right of a public employee to express personal political
views.
(3) Each public employer shall have posted in a conspicuous place
likely to be seen by its employees the following notice in printed or
typewritten form:
___________________________________________________________________________
___
ATTENTION ALL PUBLIC EMPLOYEES:
The restrictions imposed by the law of the State of Oregon on your
political activities are that "No public employee shall solicit any
money, influence, service or other thing of value or otherwise promote or
oppose any political committee or promote or oppose the nomination or
election of a candidate, the gathering of signatures on an initiative,
referendum or recall petition, the adoption of a measure or the recall of
a public office holder while on the job during working hours. However,
this section does not restrict the right of a public employee to express
personal political views."
It is therefore the policy of the state and of your public employer
that you may engage in political activity except to the extent prohibited
by state law when on the job during working hours.
___________________________________________________________________________
___
(4) As used in this section:
(a) "Public employee" does not include an elected official.
(b) "Public employer" includes any board, commission, committee,
department, division or institution in the executive, administrative,
legislative or judicial branch of state government, and any county, city,
district or other municipal corporation or public corporation organized
for a public purpose, including a cooperative body formed between
municipal or public corporations. [Formerly 260.231; 1973 c.53 §1; 1973
c.744 §27a; 1979 c.190 §372; 1979 c.519 §35a; 1983 c.71 §9; 1983 c.392
§1; 1985 c.565 §39; 1985 c.808 §62; 1987 c.718 §3; 1993 c.493 §106](1) No person
shall cause to be written, printed, published, posted, communicated or
circulated, any letter, circular, bill, placard, poster, photograph or
other publication, or cause any advertisement to be placed in a
publication, or singly or with others pay for any advertisement, with
knowledge or with reckless disregard that the letter, circular, bill,
placard, poster, photograph, publication or advertisement contains a
false statement of material fact relating to any candidate, political
committee or measure.
(2) As used in subsection (1) of this section, "cause" does not
include the broadcast of an advertisement by a radio or television
station or cable television company unless the advertisement is for:
(a) The candidacy of the owner, licensee or operator of the station
or company; or
(b) A ballot measure of which a chief petitioner is the owner,
licensee or operator of the station or company.
(3) A candidate who knows of and consents to a publication or
advertisement prohibited by this section with knowledge or with reckless
disregard that it contains a false statement of material fact, violates
this section regardless of whether the candidate has participated
directly in the publication or advertisement.
(4) There is a rebuttable presumption that a candidate knows of and
consents to any publication or advertisement prohibited by this section
caused by a political committee over which the candidate exercises any
direction and control.
(5) Any candidate or political committee aggrieved by a violation
of this section shall have a right of action against the person alleged
to have committed the violation. The aggrieved party may file the action
in the circuit court for any county in this state in which a defendant
resides or can be found or, if the defendant is a nonresident of this
state, in the circuit court for any county in which the publication
occurred. To prevail in such an action, the plaintiff must show by clear
and convincing evidence that the defendant violated subsection (1) of
this section.
(6) A plaintiff who prevails in an action provided by subsection
(5) of this section may recover economic and noneconomic damages, as
defined in ORS 31.710, or $2,500, whichever is greater. The court may
award such additional equitable relief as it considers necessary or
proper. The equitable relief may include, but is not limited to, a
requirement that a retraction of the false statement be disseminated in
the manner directed by the court. Proof of entitlement to economic and
noneconomic damages must be by a preponderance of evidence. The court
shall award the prevailing party reasonable attorney fees at trial and on
appeal.
(7) A political committee has standing to bring an action provided
by subsection (5) of this section as plaintiff in its own name, if its
purpose as evidenced by its preelection activities, solicitations and
publications has been injured by the violation and if it has fully
complied with the provisions of this chapter. In an action brought by a
political committee as provided by subsection (5) of this section, the
plaintiff may recover economic and noneconomic damages for all injury to
the purpose of the committee as provided in subsection (6) of this
section.
(8) If a judgment is rendered in an action under this section
against a defendant who has been nominated to public office or elected to
a public office other than state Senator or state Representative, and it
is established by clear and convincing evidence that the false statement
was deliberately made or caused to be made by the defendant, the finder
of fact shall determine whether the false statement reversed the outcome
of the election. If the finder of fact finds by clear and convincing
evidence that the false statement reversed the outcome of the election,
the defendant shall be deprived of the nomination or election and the
nomination or office shall be declared vacant.
(9) An action under this section must be filed not later than the
30th day after the election relating to which a publication or
advertisement in violation of this section was made. Proceedings on a
complaint filed under this section shall have precedence over all other
business on the docket. The courts shall proceed in a manner which will
ensure that:
(a) Final judgment on a complaint which relates to a primary
election or nominating election is rendered before the 30th day before
the general election; and
(b) Final judgment on a complaint which relates to an election to
an office is rendered before the term of that office begins.
(10) The remedy provided by this section is the exclusive remedy
for a violation of this section. [Formerly 260.380; 1973 c.744 §36; 1975
c.683 §14; 1979 c.190 §374; 1979 c.667 §2; 1981 c.897 §45; 1983 c.756 §1;
1985 c.808 §63a; 1995 c.712 §79; 1997 c.829 §1; 1999 c.941 §1; 1999 c.999
§58]" (1) No person shall describe a
candidate as the incumbent in the office to which the candidate seeks
nomination or election in any material, statement or publication
supporting the election of the candidate, with knowledge or with reckless
disregard that the description is a false statement of material fact.
(2) For purposes of this section, a candidate shall be considered
an "incumbent" if the candidate:
(a) Was elected to the identical office in the most recent election
to fill that office and is serving and has served continuously in that
office from the beginning of the term to which the candidate was elected;
or
(b) Was appointed to the identical office after the most recent
election to fill that office and is serving and has served continuously
in that office from the date of appointment.
(3) If district boundaries have changed since the previous election
or the appointment, a candidate shall be considered an "incumbent" if the
candidate:
(a) Was elected to an office of the same name as the office to
which the candidate seeks nomination or election at the most recent
election to fill that office and is serving and has served continuously
in that office from the beginning of the term to which the candidate was
elected; or
(b) Was appointed to an office of the same name as the office to
which the candidate seeks nomination or election after the most recent
election to fill that office and is serving and has served continuously
in that office from the date of appointment.
(4) This section does not apply to any words or statements required
by law to be included in any statement produced by a filing officer or
listed on a ballot. [1993 c.383 §3](1) No person
attempting to obtain signatures on, or causing to be circulated, an
initiative, referendum or recall petition, shall knowingly make any false
statement regarding the contents, meaning or effect of the petition to
any person who signs it, attempts to sign it, is requested to sign it or
requests information concerning it.
(2) No person shall attempt to obtain signatures to, cause to be
circulated or file with a filing officer, an initiative, referendum or
recall petition, knowing it to contain a false signature.
(3) No person shall attempt to obtain the signature of a person to
an initiative, referendum or recall petition knowing that the person
signing the petition is not qualified to sign it.
(4) No person shall knowingly sign an initiative, referendum or
recall petition more than once, knowingly sign such petition when not
qualified to sign it, or sign such petition in any name other than the
person's own.
(5) No public official or employee shall knowingly make a false
certification concerning an initiative, referendum or recall petition.
[1979 c.190 §376; 2001 c.489 §1](1) It is unlawful to offer, pay or provide money or other
valuable consideration to another person to sign or refrain from signing
an initiative, referendum or recall petition, and for the other person to
accept or agree to accept money or other valuable consideration for
signing or refraining to sign an initiative, referendum or recall
petition.
(2) It is unlawful to sell, offer to sell, purchase or offer to
purchase, for money or other valuable consideration, any signature sheet
of an initiative, referendum or recall petition or any other portion of
the petition used to gather signatures.
(3) This section applies only to signatures, signature sheets or
other portions of an initiative, referendum or recall petition to be
submitted to the filing officer for the purpose of verifying whether the
petition contains the required number of signatures of electors. [1995
c.646 §2](1) If
a chief petitioner of a statewide initiative or referendum petition has
knowledge of a violation of any provision of Oregon Revised Statutes or
of any rule adopted by the Secretary of State under ORS chapters 246 to
260 related to the circulation of a statewide initiative or referendum
petition committed by a person obtaining signatures on the chief
petitioner's petition, the violation by the person obtaining signatures
shall be conclusively considered a violation by the chief petitioner.
(2) A chief petitioner shall not be liable under subsection (1) of
this section if the chief petitioner notifies the Secretary of State in
writing not later than one business day after the chief petitioner
obtains knowledge of a potential violation. The notice shall state:
(a) That a potential violation has occurred;
(b) The nature of the potential violation; and
(c) All specific information known to the chief petitioner
regarding the potential violation.
(3) If a statewide initiative or referendum petition has more than
one chief petitioner, each chief petitioner with knowledge may be held
liable under subsection (1) of this section.
(4) This section does not apply to a violation of law that is
subject to criminal penalty. [2001 c.489 §3; 2001 c.965 §63a]No person, for any consideration, shall:
(1) Offer, propose, threaten or attempt to sell, hinder or delay
any part of an initiative, referendum or recall petition.
(2) Offer, propose or threaten to desist from beginning, promoting,
circulating, or soliciting signatures to, any initiative, referendum or
recall petition.
(3) Offer, propose, attempt or threaten in any manner to use an
initiative, referendum or recall petition or any power of promotion or
opposition concerning such petition for extortion, blackmail or private
intimidation of any person. [Formerly 254.580] (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](1) No person shall:
(a) Tamper with or injure or attempt to injure any voting machine
or vote tally system to be used or being used in an election.
(b) Tamper with any voting machine or vote tally system that has
been used in an election except in performance of election duties.
(c) Prevent or attempt to prevent the correct operation of any
voting machine or vote tally system.
(2) An unauthorized person shall not make or possess a key to a
voting machine or vote tally system to be used or being used in an
election.
(3) Neither the Secretary of State nor any officer or employee of
any county, city or district using a voting machine or vote tally system,
shall solicit or accept any compensation, other than amounts paid by the
governmental unit, in connection with the sale, lease or use of the
voting machine or vote tally system.
(4) As used in this section, "voting machine" and "vote tally
system" have the meaning given those terms in ORS 246.012. [1979 c.190
§385; 1981 c.909 §9](1) As used in this section,
"undue influence" means force, violence, restraint or the threat of it,
inflicting injury, damage, harm, loss of employment or other loss or the
threat of it, or giving or promising to give money, employment or other
thing of value.
(2) No person, acting either alone or with or through any other
person, shall directly or indirectly subject any person to undue
influence with the intent to induce any person to:
(a) Register or vote;
(b) Refrain from registering or voting;
(c) Register or vote in any particular manner;
(d) Be or refrain from or cease being a candidate;
(e) Contribute or refrain from contributing to any candidate,
political party or political committee;
(f) Render or refrain from rendering services to any candidate,
political party or political committee;
(g) Challenge or refrain from challenging a person offering to
vote; or
(h) Apply or refrain from applying for an absentee ballot.
(3) No person shall solicit or accept money or other thing of value
as an inducement to act as prohibited by subsection (2) of this section.
(4) This section does not prohibit:
(a) The employment of persons to render services to candidates,
political parties or political committees;
(b) The public distribution by candidates, political parties or
political committees of sample ballots or other items readily available
to the public without charge, even though the distributor incurs costs in
the distribution;
(c) Public or nonpromissory statements by or on behalf of a
candidate of the candidate's intentions or purposes if elected;
(d) A promise by a candidate to employ any person as administrative
assistant, secretary or other direct personal aide;
(e) Free custody and care of minor children of persons during the
time those persons are absent from those children for voting purposes;
(f) Free transportation to and from the polls for persons voting;
but no means of advertising, solicitation or inducement to influence the
vote of persons transported shall be used with that transportation;
(g) Individuals or political committees from providing refreshments
incidental to a gathering in support of or in opposition to a candidate,
political committee or measure; or
(h) The public distribution of registration cards by a person
approved by the Secretary of State under ORS 247.171 to print, copy or
otherwise prepare and distribute registration cards, even though the
distributor incurs costs in the distribution. [Formerly 260.412; 1983
c.83 §31; 1987 c.464 §1; 1987 c.727 §10; 1989 c.173 §2; 2001 c.960 §1]No person employed or authorized to print official
ballots or ballot labels shall give, deliver or knowingly permit any of
the ballots or ballot labels to be taken by any person other than the
official under whose direction the ballots or ballot labels are printed.
No person shall knowingly print, cause or permit to be printed any ballot
or ballot label in any other form, with any other names, with names
spelled or names of the candidates arranged in any other way than that
directed by such official. No official having the duty of distributing
ballots or ballot labels, nor any persons acting for that official, shall
knowingly distribute or cause to be distributed any ballots or ballot
labels in any other manner than as provided under the election law.
[Formerly 249.364]An elections official shall not knowingly fail to comply with
an interpretation made by the Secretary of State of any election law or a
directive, an instruction or a rule made by the Secretary of State under
ORS 246.110, 246.120, 246.140 or 246.150. [1979 c.190 §389; 1995 c.607
§58](1) No person shall print or circulate an
imitation of the ballot or sample ballot, or a portion of the ballot or
sample ballot, which contains information which will not appear, or
deletes information which will appear, on the ballot or sample ballot, or
that portion of the ballot or sample ballot, unless the imitation of the
ballot or sample ballot, or portion of the ballot or sample ballot,
contains the following statement in bold type: "NOT FOR OFFICIAL USE."
This subsection does not prohibit the printing or circulation of an
imitation of a ballot which illustrates the manner in which a candidate's
name may be written in for an office.
(2) No person, within any building in which a polling place is
located or, in an election conducted by mail, after the date that ballots
are mailed as provided in ORS 254.470, within any building in which
ballots are issued, or within 100 feet measured radially from any
entrance to the building, shall do any electioneering, including
circulating any cards or hand bills, or soliciting signatures to any
petition. No person shall do any electioneering by public address system
located more than 100 feet from an entrance to the building but capable
of being understood within 100 feet of the building. The electioneering
need not relate to the election being conducted.
(3) No person shall obstruct an entrance of a building in which a
polling place is located. In an election conducted by mail, from the date
that ballots are mailed as provided in ORS 254.470 until the time
designated by the county clerk for closure of the building on election
day, no person shall obstruct an entrance of a building in which a place
designated for the deposit of ballots under ORS 254.470 or any voting
booth maintained under ORS 254.474 is located.
(4) No person shall vote or offer to vote in any election knowing
the person is not entitled to vote.
(5) No person at a polling place, other than an election board
member, shall deliver a ballot to an elector.
(6) No elector at a polling place shall knowingly receive a ballot
from any other person than an election board member.
(7) No person shall make a false statement about the person's
inability to mark a ballot.
(8) No person, except an elections official in performance of
duties or other person providing assistance to an elector as described in
ORS 254.445, shall ask a person at the polling place for whom that person
intends to vote, or examine or attempt to examine the person's ballot.
(9) No person shall show the person's own marked or punched ballot
to another person to reveal how it was marked or punched.
(10) No elections official, other than in the performance of
duties, shall disclose to any person any information by which it can be
ascertained for whom any elector has voted.
(11) No person, except an elections official in performance of
duties, shall do anything to a ballot to permit identification of the
person who voted.
(12) No elector at a polling place shall deliver a ballot to an
election board member except the ballot the elector received from an
election board member. Nothing in this subsection shall prohibit a person
from delivering any absentee ballot or ballots to an election board
member.
(13) No person at a polling place, except an election board member,
shall receive from an elector other than an absent elector a marked or
punched ballot.
(14) No elector shall willfully leave in the polling place anything
that will show how the elector's ballot was marked or punched. In an
election conducted by mail, no elector shall willfully leave at any place
designated for the deposit of ballots under ORS 254.470 or in any voting
booth maintained under ORS 254.474, anything that will show how the
elector's ballot was marked or punched.
(15) No person, except an elections official in performance of
duties, shall remove a ballot from any polling place, any place
designated for the deposit of ballots under ORS 254.470 or any voting
booth maintained under ORS 254.474.
(16) No person, except an elections official in performance of
duties or a person authorized by that official, shall willfully deface,
remove, alter or destroy a posted election notice.
(17) No person, except an elections official in performance of
duties, shall willfully remove, alter or destroy election equipment or
supplies, or break the seal or open any sealed package containing
election supplies.
(18) No person other than an elections official shall attempt to
collect voted ballots within 100 feet measured radially from a location
designated for deposit of ballots under ORS 254.470.
(19) No person, except an elections official in performance of
duties, in an election conducted by mail, shall establish a location to
collect ballots voted by electors unless the person prominently displays
at the location a sign stating: "NOT AN OFFICIAL BALLOT DROP SITE." [1979
c.190 §390; 1993 c.713 §37; 1999 c.318 §44; 2001 c.805 §5; 2001 c.965 §16] No person shall
make public the results of the tally of votes from any precinct until
after the time for the close of all the polls in the state. [Formerly
246.045] (1) A person
may not knowingly make a false statement, oath or affidavit when a
statement, oath or affidavit is required under the election laws.
(2) A person may not request a ballot in a name other than the
person's own name.
(3) A person may not vote or attempt to vote more than once at any
election held on the same date.
(4) A person, except an elections official in performance of
duties, may not willfully alter or destroy a ballot cast at an election
or the returns of an election.
(5) A person may not willfully place a fraudulent ballot among the
genuine ballots.
(6) A person may not falsely write anything purporting to be
written by an election board member on the ballot or ballot stub.
(7) A person may not commit theft of a ballot or tally or return
sheet, or willfully hinder or delay the delivery of the tally or return
sheet to the county clerk, or fraudulently break open a sealed tally or
return sheet of the election.
(8) A person may not manufacture or knowingly use a fraudulent
ballot return identification envelope or secrecy envelope or sell, offer
to sell, purchase or offer to purchase, for money or other valuable
consideration, any official ballot, replacement ballot, ballot return
identification envelope or secrecy envelope. As used in this subsection,
"ballot return identification envelope" and "secrecy envelope" mean those
envelopes used to return ballots to the county clerk by absent electors
or in elections conducted by mail. [1979 c.190 §392; 1999 c.318 §45; 2005
c.797 §58]SLATE MAILER ORGANIZATIONS (1)
A slate mailer organization shall file a statement of organization with
the filing officer of each candidate and measure that appears in a slate
mailer produced by the slate mailer organization. The statement must list
the name and address of the organization and of the principal officers of
the organization.
(2) The statement of organization shall be filed not later than 10
days after the slate mailer organization receives or is promised payment
for producing one or more slate mailers.
(3) Any change in information submitted in a statement of
organization under this section shall be indicated in an amended
statement of organization filed not later than the 10th day after the
change in information. [1993 c.710 §3; 2005 c.797 §20] (1) A
slate mailer organization may not send a slate mailer unless all of the
following are satisfied:
(a) The name and address of the slate mailer organization shall be
shown on the outside of each piece of the slate mailer in a legible size
and type.
(b) The following notice shall appear in a legible size and type at
the top or bottom of the front side of the slate mailer:
___________________________________________________________________________
___NOTICE TO VOTERSTHIS DOCUMENT WAS NOT PREPARED BY A POLITICAL PARTY COMMITTEE OR PARTY
CAUCUS COMMITTEE.CANDIDATES AND MEASURES MARKED WITH AN * PAID FOR APPEARANCE IN THIS
DOCUMENT.
___________________________________________________________________________
___
(c) Each candidate that has paid to appear in the slate mailer and
each measure on whose behalf payment has been received to appear in the
slate mailer shall be designated by an asterisk of legible size
immediately following the name of the candidate or the name or number of
the measure in each instance where the name of the candidate or the name
or number of the measure appears in the slate mailer.
(2) The Secretary of State by rule shall define "legible size" and
"legible size and type" as used in this section.
(3) For purposes of ORS 260.735 and this section, "address" means
the address of a residence, office, headquarters or similar location
where the slate mailer organization or a responsible officer of the slate
mailer organization may be conveniently located. If the slate mailer
organization is a political committee, the address shall be the address
of the political committee included in the statement of organization
under ORS 260.039 or 260.042.
(4) The Secretary of State by rule may define the term "payment" as
used in this section and ORS 260.005 (21) and 260.735. [1993 c.710 §§4,5;
1995 c.607 §56a; 1999 c.999 §21; 2001 c.965 §17; 2005 c.809 §47]Note: The amendments to 260.737 by section 48, chapter 809, Oregon
Laws 2005, become operative January 1, 2007. See section 49, chapter 809,
Oregon Laws 2005. The text that is operative on and after January 1,
2007, is set forth for the user's convenience.
260.737. (1) A slate mailer organization may not send a slate
mailer unless all of the following are satisfied:
(a) The name and address of the slate mailer organization shall be
shown on the outside of each piece of the slate mailer in a legible size
and type.
(b) The following notice shall appear in a legible size and type at
the top or bottom of the front side of the slate mailer:
___________________________________________________________________________
___NOTICE TO VOTERSTHIS DOCUMENT WAS NOT PREPARED BY A POLITICAL PARTY COMMITTEE OR PARTY
CAUCUS COMMITTEE.CANDIDATES AND MEASURES MARKED WITH AN * PAID FOR APPEARANCE IN THIS
DOCUMENT.
___________________________________________________________________________
___
(c) Each candidate that has paid to appear in the slate mailer and
each measure on whose behalf payment has been received to appear in the
slate mailer shall be designated by an asterisk of legible size
immediately following the name of the candidate or the name or number of
the measure in each instance where the name of the candidate or the name
or number of the measure appears in the slate mailer.
(2) The Secretary of State by rule shall define "legible size" and
"legible size and type" as used in this section.
(3) For purposes of ORS 260.735 and this section, "address" means
the address of a residence, office, headquarters or similar location
where the slate mailer organization or a responsible officer of the slate
mailer organization may be conveniently located. If the slate mailer
organization is a political committee, the address shall be the address
of the political committee included in the statement of organization
under ORS 260.039 or 260.042.
(4) The Secretary of State by rule may define the term "payment" as
used in this section and ORS 260.005 (22) and 260.735.PENALTIES (1) The penalty for violation of ORS
260.532 is limited to that provided in ORS 260.532 (6) and (8).
(2) Violation of ORS 247.125, 247.171 (5), 247.420 (2), 253.710,
260.402, 260.555, 260.558, 260.575, 260.645 or 260.665 (2) or (3)
involving any action described in ORS 260.665 (2)(d) to (f) or 260.715 is
a Class C felony.
(3) Violation of ORS 260.695 (4) is a Class A misdemeanor.
(4) Violation of ORS 247.171 (6) is a Class C misdemeanor. [1979
c.190 §393; 1983 c.514 §17; 1983 c.756 §2; 1985 c.808 §65; 1987 c.718 §4;
1999 c.318 §46; 1999 c.941 §2; 1999 c.1002 §9; 2001 c.489 §4; 2001 c.805
§6; 2001 c.965 §19; 2005 c.797 §51] (1) Except as provided in subsection (2)
of this section, following an investigation under ORS 260.345, the
Secretary of State or Attorney General may impose a civil penalty not to
exceed $250 for each violation of any provision of Oregon Revised
Statutes relating to the conduct of any election, any rule adopted by the
secretary under ORS chapters 246 to 260 or any other matter preliminary
to or relating to an election, for which no penalty is otherwise provided.
(2) The secretary or the Attorney General may impose a civil
penalty not to exceed:
(a) $1,000 for each violation of ORS 251.049 (3) or 251.405 (3); or
(b) $1,000 plus the amount converted to personal use for each
violation of ORS 260.407.
(3) Except as otherwise provided by this section, civil penalties
under this section shall be imposed as provided in ORS 183.745. In
addition to the requirements of ORS 183.745, the notice shall include:
(a) A statement of the authority and jurisdiction under which the
hearing is to be held; and
(b) If the person is an agency, corporation or an unincorporated
association, a statement that such person must be represented by an
attorney licensed in Oregon, unless the person is a political committee
which may be represented by any officer identified in the most recent
statement of organization filed with the filing officer.
(4) A hearing on whether to impose a civil penalty and to consider
circumstances in mitigation shall be held by the secretary or Attorney
General:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day after the
date the person received notice sent under subsection (3) of this
section; or
(b) Upon the secretary's or Attorney General's own motion.
(5) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but instead may
submit written testimony or other evidence, sworn to before a notary
public, to the secretary or Attorney General for entry in the hearing
record. The testimony or other evidence must be received by the secretary
or Attorney General not later than three business days before the day of
the hearing.
(6) All hearings under this section shall be held not later than 30
days after the deadline for the person against whom the penalty may be
assessed to request a hearing. However, if requested by the person
against whom the penalty may be assessed, a hearing under subsection (4)
of this section shall be held not later than 45 days after the deadline
for the person against whom the penalty may be assessed to request a
hearing.
(7) The secretary or Attorney General shall issue an order not
later than 90 days after a hearing or after the deadline for requesting a
hearing if no hearing is held.
(8) All penalties recovered under this section shall be paid into
the State Treasury and credited to the General Fund.
(9) In the case of a civil penalty imposed under this section for a
violation of ORS 260.407, the person against whom the penalty is assessed:
(a) Is personally responsible for the payment of the civil penalty;
(b) Shall pay the civil penalty from personal funds of the person;
and
(c) May not pay the civil penalty from contributions received by a
candidate or the principal campaign committee of a candidate. [1987 c.718
§1; 1991 c.319 §2; 1991 c.734 §119; 1993 c.493 §83; 2005 c.797 §52; 2005
c.809 §1]
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