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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