71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2406
House Bill 2568
Sponsored by Representative TOMEI
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Directs members of Legislative Assembly, certain statewide
office holders and candidates therefor to file statements of
contributions received during session of Legislative Assembly.
Directs political committees, corporations and labor
organizations to file statements of contributions and
expenditures made during session of Legislative Assembly.
Requires filing of statement within one business day of
receiving contribution or making contribution or expenditure.
Requires announcement of contents of statement on floor of
Senate and House of Representatives.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to election campaign finance statements; creating new
provisions; amending ORS 260.055, 260.068, 260.073, 260.083 and
260.205; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 260.068 is amended to read:
260.068. (1) Except as otherwise provided in ORS 260.112 and
subsection { - (4) - } { + (5) + } 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 day and not later than the 29th 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 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 day and not later than the fifth day before the date of
the election. The accounting period for the statement required by
this paragraph begins on the 39th day before the date of the
election and ends on the ninth 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.
(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 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) A candidate for or a person holding state office,
other than the office of judge or district attorney, or the
candidate's or person's principal campaign committee, shall file
statements showing contributions received by or on behalf of the
candidate, person 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. A statement shall be
filed not later than one business day after the date a
contribution is received. A statement shall be filed on a form
prescribed by the Secretary of State.
(b) The next statement filed by the candidate, person or
principal campaign committee under subsection (4) of this section
or under ORS 260.058 shall include the contributions reported in
statements filed under this subsection.
(c) This subsection applies notwithstanding the filing of a
certificate under ORS 260.112. + }
{ - (3) - } { + (4) + } A candidate or { - a - }
{ + the + } 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) - } { + (5) + } 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) - } { + (6) + } Each statement and the
{ - supplement - } { + supplements + } required by this
section shall be signed and certified as true by the candidate or
treasurer required to file it.
SECTION 2. 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 day and not later than the 29th 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 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 day and not later than the fifth day
before the date of the election. The accounting period for the
statement required by this paragraph begins on the 39th day
before the date of the election and ends on the ninth 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.
(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 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) A political committee, corporation or labor
organization shall file statements showing contributions and
expenditures made by or on behalf of the political committee,
corporation or labor organization to or on behalf of a candidate
for or a person holding state office, other than the office of
judge or district attorney, or a candidate's or person's
principal campaign 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. A statement shall be
filed not later than one business day after the date a
contribution or expenditure is made. The statement shall be filed
on a form prescribed by the Secretary of State.
(b) The next statement filed by the political committee under
subsection (4) of this section or under ORS 260.063 shall include
the contributions and expenditures reported in statements filed
under this subsection.
(c) This subsection applies notwithstanding the filing of a
certificate under ORS 260.112.
(d) As used in this subsection, 'labor organization' means any
organization of any kind, or any agency or employee
representation committee or plan, in which employees participate
and that exists for the purpose, in whole or in part, of dealing
with employers concerning grievances, labor disputes, wages,
rates of pay, hours of employment or conditions of work. + }
{ - (3) - } { + (4) + } 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) - } { + (5) + } 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) - } { + (6) + } A political committee shall file
the supplemental statement described in subsection { - (3) - }
{ + (4) + } 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 3. { + Section 4 of this 2001 Act is added to and made
a part of ORS chapter 260. + }
SECTION 4. { + (1) Upon receiving a statement under ORS
260.068 (3) or 260.073 (3), the Secretary of State, not later
than one business day after receiving the statement, shall
deliver a copy of the statement to the Secretary of the Senate
and the Chief Clerk of the House of Representatives.
(2) The Secretary of the Senate and the Chief Clerk of the
House of Representatives shall provide for the announcement of
the receipt and contents of each statement received from the
Secretary of State under subsection (1) of this section. The
announcement shall be made during floor sessions of the Senate
and House of Representatives not later than one legislative
session day after the day the statement is received from the
Secretary of State. + }
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 shall list:
(a) Under contributions, all contributions received. Except as
provided in ORS 260.085 { + and subsection (9) of this
section + }, 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) In the case of a statement filed under ORS 260.068
(3), 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 any amount on behalf of a candidate
for or a person holding state office and the total amount
contributed by that person or political committee. + }
{ - (9) - } { + (10) + } As used in this section, 'address'
shall have the meaning given that term in rules adopted by the
Secretary of State.
SECTION 6. ORS 260.205 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
260.068 (3) or 260.073 (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 260.055 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.
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) - }
{ + (4) + } or 260.073 { - (3) - } { + (4) + }, whichever is
later.
SECTION 8. { + (1) The amendments to ORS 260.055, 260.068,
260.073, 260.083 and 260.205 by sections 1, 2 and 5 to 7 of this
2001 Act apply to contributions received and made, and
expenditures made, on or after the effective date of this 2001
Act.
(2) Section 4 of this 2001 Act applies to statements filed with
the Secretary of State under ORS 260.068 (3) and 260.073 (3) on
or after the effective date of this 2001 Act. + }
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. + }
----------