71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
SA to SB 215
LC 2577/SB 215-3
SENATE AMENDMENTS TO
SENATE BILL 215
By COMMITTEE ON RULES AND REDISTRICTING
January 31
On page 1 of the printed bill, line 3, delete '260.174,
260.215,' and delete '260.241, 260.245,'.
Delete lines 6 through 30 and delete pages 2 through 12 and
insert:
' { + 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. + } { + (1) Any person may file a petition
in the Supreme Court seeking an order from the court compelling
the Secretary of State to enforce an alleged violation of ORS
260.174. The Supreme Court shall determine the constitutionality
of ORS 260.174 if the constitutionality of ORS 260.174 is at
issue in the proceeding.
' (2) A petitioner under this section may not be required to
exhaust any administrative remedies or file in any other court
before filing a petition under this section.
' (3) Within 30 days after filing a petition under subsection
(1) of this section, the petitioner must serve a copy of the
petition on the Secretary of State, the Attorney General and the
person alleged to have violated ORS 260.174. Service of the
petition under this subsection is jurisdictional. + }
' { + SECTION 14. + } { + 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. + }
' { + 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. + } ' .
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