Chapter 82 Oregon Laws 2001
AN ACT
SB 215
Relating to election
campaign finance statements; creating new provisions; amending ORS 260.005,
260.044, 260.055, 260.083, 260.085, 260.225, 260.232, 260.255 and 260.315; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2001 Act is added to
and made a part of ORS chapter 260.
SECTION 2.
(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 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 Labor and Industries.
SECTION 3.
ORS 260.044 is amended to read:
260.044. (1) A person shall file a statement of
expenditures made if the person makes expenditures in a total amount of more
than $50 in support of or in opposition to a candidate, a measure or a
political committee.
(2) A statement filed under 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 expenditures exceeds $50. The accounting
period for the statement required by subsection (1) of this section begins on
the date that an expenditure is made. The statement shall specify the
candidate, measure or political committee supported or opposed by the
expenditure. The Secretary of State by rule shall prescribe the form of the
statements. If a statement is filed for the reporting period for the supplement
to the second preelection statement, a second statement for the same
expenditure does not need to be filed in the post-election reporting period.
(3) Notwithstanding ORS 260.005 (15), a person who solicits
and receives a contribution or contributions shall be a political committee and
shall file a statement of organization under ORS 260.042 and the statements
required by ORS 260.063 or 260.073 or
section 2 of this 2001 Act. The statements filed under this subsection
shall be filed for the reporting period described in ORS 260.063 or 260.073 or section 2 of this 2001 Act 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 expenditure shall 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 or 260.102[,] or
section 2 of this 2001 Act or a certificate filed under ORS 260.112;
(b) An expenditure shall 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 shall not be a political committee under
subsection (3) of this section if all contributions received by the person are
designated to a candidate or political committee and are 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 or 260.102 or section 2 of this 2001 Act or a
certificate filed under ORS 260.112.
(5) A person shall be a principal campaign committee if the
person, in preparing to become a candidate in the general election, receives a
contribution, receives a loan, whether repaid or not, or makes an expenditure
in a total amount of more than $2,000 before the date of the biennial 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 biennial
primary election. This subsection does not apply to a candidate in the biennial
primary or nominating election.
SECTION 4.
ORS 260.055 is amended to read:
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 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 or 260.078 or section 2 of this 2001 Act. 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), whichever is later.
SECTION 5.
ORS 260.083 is amended to read:
260.083. (1) A statement filed under ORS 260.058, 260.063,
260.068 or 260.073 or section 2 of this
2001 Act shall list:
(a) Under contributions, all contributions received. Except
as provided in ORS 260.085, the statement shall list the name, occupation and
address of each person, and the name, address, identification number assigned
under ORS 260.052 and primary nature of each political committee, that
contributed an aggregate amount of more than $50 on behalf of a candidate or to
a political committee and the total amount contributed by that person or political
committee. The statement may list as a single item the total amount of other
contributions, but shall specify how those contributions were obtained.
(b) Under expenditures, all expenditures made, showing the
name of the payee and the amount and purpose of each.
(c) Separately, all contributions made by the candidate or
political committee.
(d) All loans, whether repaid or not, made to the candidate
or political committee. The statement shall list 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. The statement also shall
list the name of the lender holding the loan.
(2) If an expenditure in an amount exceeding $50 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 or political committee 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 or political
committee making the original expenditure shall, in any statement filed under
ORS 260.058, identify the expenditure as an in-kind contribution and identify
the candidate or political committee for whose benefit the expenditure was
made.
(5) Except as provided in subsection (8) of this section,
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 (8), the listing of
the expenditure under this section shall identify the candidate or candidates
who are the subject of the independent expenditure and state whether the
independent expenditure was used to advocate the election or defeat of the
candidate or candidates.
(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, shall not be 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 shall require 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” shall have the
meaning given that term in rules adopted by the Secretary of State.
SECTION 6.
ORS 260.085 is amended to read:
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 shall
list the occupation of the contributor in the account and on the first
statement filed under ORS 260.058, 260.063, 260.068 or 260.073 or section 2 of this 2001 Act 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 or 260.073 or section 2 of this 2001 Act 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 or 260.073 or
section 2 of this 2001 Act 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 and the next statement filed under ORS 260.058, 260.063, 260.068 or
260.073 or section 2 of this 2001 Act.
(6) The filing officer shall be in compliance with law by
accepting the information described in this section.
SECTION 7.
ORS 260.225 is amended to read:
260.225. (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, 260.083, 260.102, 260.112 or
260.118 or section 2 of this 2001 Act,
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.
SECTION 8.
ORS 260.232 is amended to read:
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), 260.058, 260.063, 260.068, 260.073, 260.083,
260.102, 260.112 or 260.118 or section 2
of this 2001 Act.
(b) Failure to include in a statement filed under ORS
260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 or section 2 of this 2001 Act the
information required under ORS 260.083, 260.102 or 260.118 or section 2 of this 2001 Act.
(c) Violation of ORS 260.174.
(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, 260.078, 260.083, 260.085, 260.102, 260.112
or 260.118 or section 2 of this 2001 Act
within the time specified in ORS 260.058, 260.063, 260.068, 260.073,
260.078 or 260.118 or section 2 of this
2001 Act, 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 shall be not
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,
260.083, 260.102, 260.112 or 260.118 or
section 2 of this 2001 Act;
(b) $10,000 for each failure to include in a statement
filed under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112
or 260.118 or section 2 of this 2001 Act
the information required under ORS 260.083, 260.102 or 260.118 or section 2 of this 2001 Act; or
(c) $1,000 for each violation of ORS 260.174.
(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 183.090.
SECTION 9.
ORS 260.255 is amended to read:
260.255. (1) A filing officer shall preserve each statement
filed with the officer under ORS 260.058, 260.063, 260.068, 260.073, 260.083,
260.102, 260.112 or 260.118 or section 2
of this 2001 Act, 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 shall 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 $50.
SECTION 10.
ORS 260.315 is amended to read:
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 260.058, 260.063, 260.068,
260.073, 260.083, 260.102, 260.112 or 260.118 or section 2 of this 2001 Act.
SECTION 11.
ORS 260.005 is amended to read:
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
260.156, “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) “County clerk” means the county clerk or the county
official in charge of elections.
(5) “Elector” means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(6) 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.
(7) “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.
(8) “Independent expenditure” means an expenditure by a
person for a communication expressly advocating the election or defeat of a
clearly identified candidate 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. As used in
this subsection:
(a) “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
(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.
(b) “Clearly identified” means:
(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.
(c) “Expressly advocating” means any communication
containing a message advocating election or defeat, including but not limited
to the name of the candidate, or expressions such as “vote for,” “elect,”
“support,” “cast your ballot for,” “vote against,” “defeat” or “reject.”
(d) “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”:
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent 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 candidate's plans,
projects or needs provided to the expending person by the candidate or by the
candidate's agent, 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 who is or has been receiving
any form of compensation or reimbursement from the candidate, the candidate's
principal campaign committee or agent; 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.
(9) “Initiative petition” means a petition to initiate a
measure for which a prospective petition has been filed but that is not yet a
measure.
(10) “Judge” means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
(11) “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.
(12) “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.
(13) “Occupation” means the nature of an individual's
principal business or, if the individual is employed by another person, the
nature of the individual's principal business or the business name and address
of the employer.
(14) “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.
(15)(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 shall 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 or 260.102 or section 2 of this 2001 Act 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).
(16) “Public office” means any national, state, county,
district, city office or position, except a political party office, that is
filled by the electors.
(17) “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.
(18) “Referendum petition” means a petition to refer a
measure for which a prospective petition has been filed but that is not yet a
measure.
(19) “Slate mailer” means a mass mailing that supports or
opposes a total of three or more candidates or measures.
(20)(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.
(21) “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.
SECTION 12.
Section 13 of this 2001 Act is added to
and made a part of ORS chapter 260.
SECTION 13.
Upon receiving a statement under section
2 of this 2001 Act relating to a person holding the office of state
Representative or a person who is a candidate for nomination or election to the
office of state Representative, the Secretary of State, not later than one
business day after receiving the statement, shall deliver a copy of the
statement to the Chief Clerk of the House of Representatives.
SECTION 14.
(1) Section 2 of this 2001 Act and the
amendments to ORS 260.005, 260.044, 260.055, 260.083, 260.085, 260.225,
260.232, 260.255 and 260.315 by sections 3 to 11 of this 2001 Act apply to
contributions received on or after the effective date of this 2001 Act.
(2) Section 13 of this
2001 Act applies to statements filed with the Secretary of State under section
2 of this 2001 Act on or after the effective date of this 2001 Act.
SECTION 15.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect on its passage.
Approved by the Governor
April 18, 2001
Filed in the office of
Secretary of State April 18, 2001
Effective date April 18,
2001
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