Chapter 732 Oregon Laws 2001
AN ACT
HB 2575
Relating to election
campaign finance statements; creating new provisions; amending ORS 260.045,
260.058, 260.063, 260.068, 260.073, 260.118 and 260.205; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 260.118 is amended to read:
260.118. (1) Before the chief petitioners of a statewide
initiative or referendum petition or any recall petition receive a contribution
or make an expenditure relating to the statewide initiative or referendum
petition or any recall petition, the petitioners 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.
(D) A statement of how the petitioners intend to solicit
funds.
(2) Any change in the information required 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.
(3) For each
statewide initiative petition, not sooner than the 15th day before the date of
the biennial primary election and not later than the 12th day before the date
of the biennial primary election, 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. The accounting period for the statement begins
on the date that the name of the treasurer is certified to the Secretary of
State 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 biennial primary election. 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or filed or was withdrawn under ORS 250.029.
(4) In addition to the
statement required under subsection (3) of this section, 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.
[(3)] (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 [(5)]
(7) of this section[, whether or not the petition was completed
or filed. The statement shall be filed even if the petition was withdrawn under
ORS 250.029]. 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.
[(4)] (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 [(5)]
(7) of this section.
[(5)] (7) The statement referred to in
subsections (3) [and (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. [If the
statement for a recall petition is filed, the statement need only report the
contributions received and the expenditures made by or on behalf of the chief
petitioner and political committee the chief petitioner represents, if any,
after the date on which the statement of contributions and expenditures
required under ORS 249.865 is filed.]
[(6)] (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 biennial primary election
and ends on the deadline for submitting signatures for verification.
(b) For a statewide [initiative or] referendum petition [or any recall 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 subsection (1) of 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 [(5)]
(6) of this section begins on the
date the prospective petition is filed and ends on the date that signatures are
submitted for verification.
[(7)(a)] (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.
[(8)] (10) As used in this section,
“contribution” and “expenditure” include a contribution or expenditure to or on
behalf of an initiative, referendum or recall petition.
SECTION 2.
ORS 260.058 is amended to read:
260.058. (1) Except as otherwise provided in ORS 260.112
and subsection (3) of this section, each candidate seeking nomination or
election at the biennial primary election or at any election other than the
general election, or a candidate's principal campaign committee at the biennial
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 [39th] 46th day and not
later than the [29th] 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 [40th] 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 [eighth] 15th day and not later than the [fifth] 12th day before
the date of the election. The accounting period for this statement begins on
the [39th] 46th day before the date of the election and ends on the [ninth] 16th day before the date of the election.
[(c) A supplement to
the second preelection statement on the day before the election, showing
contributions, including loans, whether repaid or not, received by or on behalf
of the candidate or committee after the ninth day and before the day preceding
the day of the election. A supplement shall be filed if contributions received
from a political committee or other person during the period described in this
paragraph exceed $500. The supplement must be written but may be transmitted to
the filing officer by any expeditious means available. A candidate or 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 exceed $2,000 because of contributions received after the ninth
day and before the day preceding the day 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 a period described in this paragraph, 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 a 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 [eighth]
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 260.156. The statements required by federal election laws shall be
filed in the office of the Secretary of State on or before the federal filing
dates. 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 260.156. If the Secretary of State makes this determination,
candidates for federal office are subject to the requirements of ORS 260.035 to
260.156.
(4) Each statement and the supplement required by this
section shall be signed and certified as true by the candidate or treasurer
required to file it.
SECTION 3.
ORS 260.063 is amended to read:
260.063. (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
biennial 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 [39th] 46th day and not later than the [29th] 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 [40th] 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 [eighth] 15th day and not later than the [fifth] 12th day before the date of the election. The accounting period for
the statement required by this paragraph begins on the [39th] 46th day before
the date of the election and ends on the [ninth]
16th day before the date of the
election.
[(c) A supplement to
the second preelection statement, on the day before the election, showing
contributions, including loans, whether repaid or not, received by or on behalf
of the political committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions received from
a political committee or other person during the period described in this
paragraph exceed $500. The supplement must be written but may be transmitted to
the filing officer by any expeditious means available. A treasurer of a
political committee who filed a certificate under ORS 260.112 shall file a
supplement under this paragraph if the aggregate contributions exceed $2,000
because of contributions received after the ninth day and before the day
preceding the day 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 a period described
in this paragraph, 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 a 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 [eighth] 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 treasurer
required to file it.
SECTION 4.
ORS 260.068 is amended to read:
260.068. (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 [39th] 46th day and not
later than the [29th] 36th day before the date of the
election. For a candidate nominated at the biennial 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 biennial
primary election. For a candidate not nominated at the biennial 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 biennial 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 biennial 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 [40th] 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 [eighth] 15th day and not later than the [fifth] 12th day before
the date of the election. The accounting period for the statement required by
this paragraph begins on the [39th] 46th day before the date of the
election and ends on the [ninth] 16th day before the date of the
election.
[(c) A supplement to
the second preelection statement, on the day before the election, showing
contributions, including loans, whether repaid or not, received by or on behalf
of the candidate or committee after the ninth day and before the day preceding
the day of the election. A supplement shall be filed if contributions received
from a political committee or other person during the period described in this
paragraph exceed $500. The supplement must be written but may be transmitted to
the filing officer by any expeditious means available. A candidate or 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 exceed $2,000 because of contributions received after the ninth
day and before the day preceding the day 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 a period described in this paragraph, 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 a 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 [eighth]
15th day before the date of the
election and ends on the 20th day after the date of the election.
(2) A candidate 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 and expenditures made by or on behalf of
the candidate or the candidate's principal campaign committee not sooner than
the first business day in January and not later than the Friday before the
second Monday in January. 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 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 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 subsection or the treasurer of the candidate's principal campaign
committee who filed a certificate under ORS 260.112 shall file a supplement
under this subsection if the aggregate contributions exceed $2,000 because of
contributions received after the 20th day following the election and prior to
January 1 of the following year.
(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 260.156. The statements required by federal election laws shall be
filed in the office of the Secretary of State on or before the federal filing
dates. 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 260.156. If the Secretary of State makes this determination,
candidates for federal office are subject to the requirements of ORS 260.035 to
260.156.
(5) Each statement and the supplement required by this
section shall be signed and certified as true by the candidate or treasurer
required to file it.
SECTION 5.
ORS 260.073 is amended to read:
260.073. (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 [39th] 46th day and not later than the [29th] 36th day before
the date of the election. For a political committee that supported or opposed
one or more candidates or measures at the biennial primary election, the
accounting period for the statement required by this paragraph begins on the
21st day after the biennial 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 [40th] 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 [eighth] 15th day and not later than the [fifth] 12th day before the date of the election. The accounting period for
the statement required by this paragraph begins on the [39th] 46th day before
the date of the election and ends on the [ninth]
16th day before the date of the
election.
[(c) A supplement to
the second preelection statement, on the day before the election, showing
contributions, including loans, whether repaid or not, received by or on behalf
of the political committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions received from
a political committee or other person during the period described in this
paragraph exceed $500. The supplement must be written but may be transmitted to
the filing officer by any expeditious means available. A treasurer of a
political committee who filed a certificate under ORS 260.112 shall file a
supplement under this paragraph if the aggregate contributions exceed $2,000
because of contributions received after the ninth day and before the day
preceding the day 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 a period described
in this paragraph, 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 a 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
[eighth] 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 and expenditures made by or
on behalf of the political committee not sooner than the first business day in
January and not later than the Friday before the second Monday in January. 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 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 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 exceed $2,000 because of contributions
received after the 20th day following the election and prior to January 1 of
the following year.
(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 treasurer
required to file it.
SECTION 6.
ORS 260.205 is amended to read:
260.205. (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 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)
and (2), 260.063 (1)(c) and (2), 260.068 (1)(c) and (3) and 260.073 (1)(c) and
(3).
(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 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.
SECTION 7.
ORS 260.045 is amended to read:
260.045. (1) If a candidate or treasurer receives a
contribution of more than $50 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 $50 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 the period
described in ORS 260.118 [(6)] (3) 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 [(6)] (3) 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.
SECTION 8.
(1) The amendments to ORS 260.118 by
section 1 of this 2001 Act apply to statewide initiative petitions to be voted
on at any election occurring after November 7, 2000, regardless of when the
prospective petition is filed or the name of the treasurer is certified to the
Secretary of State.
(2)(a) The first
statement filed under ORS 260.118 (3) shall include all contributions received
and expenditures made, if any, after the name of the treasurer was certified to
the Secretary of State under ORS 260.118 (1999 Edition) and prior to the
effective date of this 2001 Act.
(b) Notwithstanding any
provision of ORS 260.118, as amended by section 1 of this 2001 Act, a statement
shall be filed under ORS 260.118 (4)(a) or (b) not later than the deadline
specified in ORS 260.118 (4)(a) or (b), if the aggregate amount of contributions
received or expenditures made exceeds $2,000 during the period beginning on the
date the name of the treasurer was certified to the Secretary of State under
ORS 260.118 (1999 Edition) prior to the effective date of this 2001 Act and
ending on the deadline specified in ORS 260.118 (4)(a) or (b).
SECTION 9.
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
July 3, 2001
Filed in the office of
Secretary of State July 3, 2001
Effective date July 3, 2001
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