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 2020
Senate Bill 729
Sponsored by Senator DECKERT
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.
Establishes voluntary contribution and expenditure limits for
candidates for certain statewide offices and offices of state
Senator and state Representative. Creates Political
Accountability Fund. Allows payments from fund to candidates who
agree to limit contributions and expenditures. Authorizes
payments if opposing candidates for same nomination or office
receive contributions or make expenditures in excess of limits.
Repeals political tax credit. Provides penalties.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
260.225, 260.232 and 260.255; repealing ORS 316.102; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 17 of this 2001 Act:
(1) 'Certified candidate' means a candidate for nomination or
election to statewide office or the office of state Senator or
state Representative who chooses to limit contributions received
and expenditures made under sections 1 to 17 of this 2001 Act and
who is certified under section 5 of this 2001 Act.
(2) 'Fund' means the Political Accountability Fund established
in section 2 of this 2001 Act.
(3) 'Nonparticipating candidate' means a candidate for
nomination or election to statewide office or the office of state
Senator or state Representative who does not choose to become
certified under section 5 of this 2001 Act.
(4) 'Statewide office' means the offices of Governor, Secretary
of State, State Treasurer and Attorney General.
(5) 'With respect to the biennial primary and general
elections' means the period beginning on the date a statement of
organization is filed by the candidate or treasurer of the
principal campaign committee under ORS 260.039 and ending on the
20th day after the date of the general election. + }
SECTION 2. { + (1) The Political Accountability Fund is
established in the State Treasury, separate and distinct from the
General Fund. All moneys described in section 3 of this 2001 Act
shall be paid into the State Treasury and credited to the
Political Accountability Fund. Moneys in the fund may be invested
in the same manner as other state moneys, and any interest earned
shall be credited to the fund.
(2) The Secretary of State shall keep a record of all moneys
deposited in the Political Accountability Fund that shall
indicate the source from which the moneys are derived, the
interest earned and the activity or program against which any
withdrawal is charged.
(3) If moneys credited to the fund are withdrawn, transferred
or otherwise used for purposes other than the program or activity
for which the fund is established, interest shall accrue on the
amount withdrawn from the date of withdrawal until the moneys are
restored.
(4) Moneys in the fund shall provide, and are continuously
appropriated for, the financing of election campaigns of
certified candidates for nomination or election to statewide
office or the office of state Senator or state Representative,
and the payment of administrative, enforcement and other expenses
of the Secretary of State in carrying out the secretary's
functions and duties under sections 1 to 17 of this 2001 Act. + }
SECTION 3. { + The following shall be deposited in the
Political Accountability Fund:
(1) An amount appropriated by the Legislative Assembly to the
Political Accountability Fund. The amount appropriated under this
subsection shall be equal to the average of the total amount
claimed as a tax credit under ORS 316.102 in each of the three
successive biennia beginning on and after July 1, 1995. The
amount shall be determined by the Department of Revenue. The
amount described in this subsection shall be deposited by the
State Treasurer in the Political Accountability Fund not later
than July 1 of each odd-numbered year.
(2) Fund revenues that were distributed to a certified
candidate, that remain unexpended after a biennial primary
election or general election and that are returned to the fund as
provided in section 10 of this 2001 Act.
(3) Fund revenues delivered by any certified candidate who
withdraws as a certified candidate or who withdraws as a
candidate for nomination or election as provided in section 16 of
this 2001 Act, or by a candidate whose certification has been
revoked under section 12 of this 2001 Act.
(4) Fund revenues delivered by any certified candidate against
whom a civil penalty has been imposed, as described in section 17
of this 2001 Act.
(5) Voluntary contributions made directly to the fund.
(6) Civil penalties and other moneys collected under section 17
of this 2001 Act. + }
SECTION 4. { + (1) Except as provided in subsection (2) of
this section, not later than September 1 of each odd-numbered
year, the Secretary of State shall publish a notice of the amount
of revenues contained in the Political Accountability Fund as of
August 1 of the odd-numbered year.
(2) If a regular session of the Legislative Assembly has not
adjourned by August 1 of the odd-numbered year, the secretary
shall publish the notice as soon as practicable following
September 1 of the odd-numbered year. The notice shall describe
the amount of revenues contained in the Political Accountability
Fund as of the date the Legislative Assembly adjourns. + }
SECTION 5. { + (1) A candidate may file a declaration of
intent to seek certification as a certified candidate. The
declaration of intent shall specify that the candidate agrees to
comply with the provisions of sections 1 to 17 of this 2001 Act.
(2) Except as provided by rule under section 13 of this 2001
Act, the declaration of intent shall be filed with the Secretary
of State not later than the date the candidate or treasurer files
a statement of organization under ORS 260.039.
(3) The Secretary of State shall certify a candidate under this
section if the secretary determines that the candidate has:
(a) Signed, filed and complied with the provisions of a
declaration of intent described in this section; and
(b) Qualified as a candidate by nominating petition,
declaration of candidacy, certificate of nomination or other
means.
(4) The Secretary of State shall certify a candidate complying
with the requirements of this section not later than five
business days after the candidate has filed a declaration of
intent with the secretary under this section.
(5) With respect to the biennial primary and general elections,
a certified candidate shall comply with all requirements of
sections 1 to 17 of this 2001 Act.
(6) If the Secretary of State does not certify a candidate
under this section, the secretary shall advise the candidate of
the reasons and of the actions the candidate must take to become
certified. + }
SECTION 6. { + (1) Notwithstanding ORS 260.407, all revenues
distributed to certified candidates from the Political
Accountability Fund shall be used only for purposes related to
the candidate's campaign for nomination or election to public
office.
(2) Revenues distributed to a certified candidate from the
Political Accountability Fund may not be:
(a) Contributed to any other candidate or political committee;
(b) Used to make independent expenditures supporting or
opposing any candidate, political committee or measure;
(c) Used in connection with the nomination or election of a
certified candidate to any office or at any election except the
office or election for which the revenues were originally
distributed; or
(d) Used to repay any loans or debts. + }
SECTION 7. { + (1) The Secretary of State shall distribute
revenues in the Political Accountability Fund to certified
candidates in amounts described in section 9 of this 2001 Act.
(2) Revenues may be distributed to certified candidates under
this section by any mechanism that is expeditious, ensures
accountability and safeguards the integrity of the fund.
(3) For each biennium beginning July 1 of the odd-numbered
year, the total amount of revenues distributed from the Political
Accountability Fund may not exceed an amount equal to the average
of the total amount claimed as a tax credit under ORS 316.102 in
each of the three successive biennia beginning on and after July
1, 1995. Not later than September 1 of each odd-numbered year,
the Secretary of State shall determine the maximum amount of
revenues that may be distributed from the fund in the biennium.
(4) The Secretary of State may not distribute revenues from the
Political Accountability Fund to certified candidates in excess
of the total amount of moneys deposited in the fund. + }
SECTION 8. { + (1) Subject to section 7 (3) of this 2001 Act,
with respect to the biennial primary and general elections, a
certified candidate may not make expenditures in excess of:
(a) $1 million for nomination or election to the office of
Governor;
(b) $500,000 for nomination or election to any statewide office
other than Governor;
(c) $125,000 for nomination or election to the office of state
Senator; and
(d) $75,000 for nomination or election to the office of state
Representative.
(2) With respect to the biennial primary and general elections,
a certified candidate, or the candidate's principal campaign
committee, may not accept contributions from a person or
political committee in an aggregate amount exceeding:
(a) $2,000 regarding nomination or election to the office of
Governor;
(b) $1,000 regarding nomination or election to any statewide
office other than Governor;
(c) $1,000 regarding nomination or election to the office of
state Senator; and
(d) $750 regarding nomination or election to the office of
state Representative.
(3) A person or political committee may not make a contribution
in excess of the limits contained in this section.
(4) Nothing in this section shall limit the amount a candidate
may contribute from the candidate's personal funds to the
candidate or the candidate's principal campaign committee.
(5) An expenditure not qualifying as an independent expenditure
shall be considered an in-kind contribution to the candidate or
the candidate's principal campaign committee and an expenditure
by the candidate or the candidate's principal campaign committee.
(6) For purposes of the contribution limits established by this
section, the amount of an expenditure not qualifying as an
independent expenditure shall count against the contribution
limits of the person or political committee making the
expenditure.
(7) A person, including a candidate, or political committee may
not report an expenditure as an independent expenditure if the
expenditure does not qualify as an independent expenditure under
ORS 260.005. + }
SECTION 9. { + (1) If a statement filed under ORS 260.058 (1)
or 260.068 (1) or a notice filed under section 14 of this 2001
Act shows that a candidate for nomination or election to
statewide office or the office of state Senator or state
Representative has received contributions or made expenditures in
an aggregate amount that exceeds the limits specified in section
8 of this 2001 Act, any opposing certified candidate for the same
nomination or office shall be eligible to receive an amount of
matching funds as described in subsection (2) of this section.
(2) Matching funds under this section shall be distributed from
the Political Accountability Fund in an amount equal to the
amount of contributions or expenditures that exceeds the limits
specified in section 8 of this 2001 Act. Matching funds shall be
distributed each time a contribution is received or an
expenditure is made that, in the aggregate, exceeds the limits
specified in section 8 of this 2001 Act.
(3) An amount of matching funds distributed under this section
may not exceed the amount of the expenditure limit applicable to
the candidate under section 8 of this 2001 Act.
(4) The Secretary of State shall distribute matching funds
under this section not later than four business days after
receiving a written request from a certified candidate if the
secretary concludes that the certified candidate qualifies for
matching funds under this section. + }
SECTION 10. { + (1) All revenues distributed to and received
by a certified candidate from the Political Accountability Fund
shall be reported as contributions on statements required by ORS
260.058 and 260.068.
(2) If the first post-election statement filed by a certified
candidate under ORS 260.068 for the general election shows
unexpended revenues received from the fund, the candidate shall
return an amount of money equal to the amount of the unexpended
revenues to the Secretary of State not later than the date the
statement required under ORS 260.068 is filed. + }
SECTION 11. { + Beginning on July 1, 2005, the dollar amounts
specified in section 8 of this 2001 Act shall be adjusted
annually by the Secretary of State based upon the change in the
Portland Consumer Price Index for All Urban Consumers for All
Items as prepared by the Bureau of Labor Statistics of the United
States Department of Labor or its successor during the preceding
12-month period. The amounts determined under this section shall
be rounded to the nearest dollar. + }
SECTION 12. { + (1) A candidate who has been refused
certification or an opponent of a candidate who has been granted
certification under section 5 of this 2001 Act may challenge a
certification decision by the Secretary of State by filing a
written request for a hearing with the Secretary of State not
later than three business days after the certification decision
is made.
(2) A candidate who has been granted or refused matching funds
under section 9 of this 2001 Act, or an opponent of a candidate
who has been granted matching funds under section 9 of this 2001
Act, may challenge the matching funds decision by the Secretary
of State by filing a written request for a hearing with the
Secretary of State not later than three business days after the
matching funds decision is made.
(3) The parties involved in the request for a hearing need not
appear in person at a hearing held under this section, but
instead may submit sworn affidavits and other evidence to the
Secretary of State for entry in the hearing record. Such
documents must be received by the Secretary of State not later
than one business day before the day of the hearing.
(4) All hearings under this section shall be held not later
than five business days after the request for a hearing is filed
under this section. The hearing shall be conducted as a contested
case hearing pursuant to the applicable provisions of ORS 183.413
to 183.470.
(5) The Secretary of State shall issue an order not later than
three business days after a hearing. The Secretary of State may
grant or revoke certification under this section. The Secretary
of State may grant or revoke matching funds or modify a matching
funds decision under this section.
(6) Judicial review of an order made under this section shall
be as provided in ORS 183.480 to 183.497 for judicial review of
contested cases.
(7)(a) If the certification of a candidate is revoked following
a hearing under this section, the candidate shall return to the
Secretary of State an amount of money equal to the total amount
of revenues distributed to the candidate from the Political
Accountability Fund.
(b) If matching funds distributed under section 9 of this 2001
Act are revoked, the candidate shall return to the Secretary of
State an amount of money equal to the amount of revoked matching
funds distributed to the candidate from the Political
Accountability Fund.
(c) If the Secretary of State or a court finds that a request
for a hearing under this section was made frivolously or to cause
delay or hardship, the Secretary of State or the court may
require the person who filed the request for a hearing to pay
costs of the secretary, court and opposing parties, and attorney
fees of the opposing parties, if any. + }
SECTION 13. { + (1) The Secretary of State shall adopt rules
to ensure effective administration of sections 1 to 17 of this
2001 Act. The rules shall include but are not limited to
procedures for:
(a) Certification of candidates;
(b) Collection of revenues for the Political Accountability
Fund;
(c) Distribution of fund revenues to certified candidates;
(d) Return of unexpended fund disbursements under section 10 of
this 2001 Act and repayment of fund disbursements under section
16 of this 2001 Act;
(e) Deposit of other moneys to the fund; and
(f) Disbursement of fund revenues and return of unexpended fund
revenues for contests involving special elections, recounts,
vacancies, withdrawals or replacement candidates.
(2) The Secretary of State shall prescribe forms for notices
and written proof of delivery required to be filed under section
14 of this 2001 Act and furnish the forms to persons required to
file the notices and written proof of delivery. + }
SECTION 14. { + (1) A candidate for nomination or election to
statewide office or the office of state Senator or state
Representative shall file written notice, deliver copies of the
notice and file written proof of delivery of copies of the notice
as provided in this section if, with respect to the biennial
primary and general elections, the candidate receives
contributions or makes expenditures in an aggregate amount that
exceeds the applicable limits specified in section 8 of this 2001
Act.
(2) The candidate described in subsection (1) of this section
shall:
(a) File written notice with the Secretary of State. The notice
shall describe the amount of contributions received or
expenditures made;
(b) Deliver a copy of the notice to each certified candidate at
the same election for the nomination or office described in
subsection (1) of this section for whom a nominating petition,
declaration of candidacy or certificate of nomination has been
filed; and
(c) File written proof with the Secretary of State that a copy
of the notice was delivered to each candidate described in
paragraph (b) of this subsection. The written proof of delivery
shall be filed together with the notice.
(3)(a) Except as provided in paragraph (b) of this subsection,
the notice and written proof of delivery shall be filed with the
Secretary of State and copies of the notice shall be delivered to
certified candidates no later than 5 p.m. of the second business
day after the amount of contributions received or expenditures
made exceeds the applicable limits specified in section 8 of this
2001 Act.
(b) During the period beginning on the first day of the
accounting period for the second preelection statement of
contributions received and expenditures made described in ORS
260.058 and 260.068 and ending on the date of the election, the
notice and written proof of delivery shall be filed with the
secretary and copies of the notice shall be delivered to
certified candidates no later than 5 p.m. of the next business
day after the amount of contributions received or expenditures
made exceeds the applicable limits specified in section 8 of this
2001 Act.
(4) The copy of the notice shall be delivered to each certified
candidate by registered or certified mail or by another method
that provides written proof that the copy of the notice was
delivered. A copy of the notice shall be considered to be
delivered when the copy is mailed, sent, transmitted or otherwise
delivered. Nothing in this section requires that a certified
candidate receive a copy of the notice prior to the deadline
specified in subsection (3) of this section.
(5) Following the first notice required under this section, a
separate notice is required each time a candidate receives
contributions or makes expenditures in an aggregate amount that
exceeds the applicable limits specified in section 8 of this 2001
Act.
(6) The Secretary of State shall provide forms to facilitate
compliance with this section.
(7) For purposes of this section, an expenditure is obligated
when the expenditure is made or an agreement to make the
expenditure is made. + }
SECTION 15. { + If a candidate for nomination or election to
statewide office or the office of state Senator or state
Representative is a certified candidate, the Secretary of State
shall include with the voters' pamphlet statement of the
candidate at the biennial primary and general elections a
statement indicating that the candidate is a certified candidate
who has agreed to limit contributions and expenditures. + }
SECTION 16. { + (1) A certified candidate may withdraw as a
certified candidate by filing a written statement of withdrawal
with the Secretary of State. At the time the statement of
withdrawal is filed, the candidate shall also deliver to the
Secretary of State an amount of money equal to all revenues
distributed to the candidate from the Political Accountability
Fund after the date the candidate was certified, plus interest on
the total amount of revenues received at a rate of 12 percent per
annum.
(2) A certified candidate who withdraws as a candidate for
nomination or election as provided in ORS chapter 249 shall
comply with the requirements of subsection (1) of this section at
the time the candidate files a statement of withdrawal.
(3) A certified candidate who withdraws as a certified
candidate or as a candidate shall be personally liable for any
amounts to be paid to the Secretary of State under this section.
(4) If a certified candidate withdraws as a certified candidate
or as a candidate, the Secretary of State shall disseminate
public notice to that effect within one business day of the
withdrawal.
(5) The Secretary of State shall deposit moneys received under
this section in the Political Accountability Fund. + }
SECTION 17. { + (1) The Secretary of State or the Attorney
General may impose a civil penalty not to exceed $10,000 for any
violation of section 6, 10 (2) or 16 of this 2001 Act.
(2) For a violation of section 8 of this 2001 Act, the
Secretary of State or Attorney General may impose a civil penalty
not to exceed the greater of $10,000 or the amount of any
contribution received or expenditure made in violation of section
8 of this 2001 Act.
(3) Civil penalties under this section shall be imposed in the
manner provided in ORS 260.995.
(4) If a civil penalty has been imposed under this section
against a candidate or the candidate's principal campaign
committee, the candidate shall be personally liable for the
amount to be paid under this section. If a civil penalty has been
imposed under this section against a political committee other
than a principal campaign committee, the directors of the
political committee shall be jointly and severally liable for any
amount to be paid under this section.
(5) The certification of a certified candidate against whom a
civil penalty has been imposed for violation of section 8 of this
2001 Act shall be revoked by the Secretary of State and the
candidate is not eligible to receive revenues from the Political
Accountability Fund during the biennial primary and general
election cycle during which the penalty is imposed. At the time
the civil penalty is imposed, the candidate shall deliver to the
Secretary of State an amount of money equal to all revenues
distributed to the candidate from the Political Accountability
Fund after the date the candidate was certified, plus interest on
the total amount of revenues received at a rate of 12 percent per
annum.
(6) All penalties and moneys received under this section for
violations of any provision of sections 1 to 17 of this 2001 Act
shall be paid into the State Treasury and credited to the
Political Accountability Fund. + }
SECTION 18. 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 - } { + statement, notice or proof of delivery + }
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 { + , notice or proof of delivery + } 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 14 of this 2001 Act + }, or who files
with the filing officer an insufficient statement, { + notice or
proof of delivery, + } to file with the filing officer a proper
statement { + , notice or proof of delivery + }. The petition
shall be filed with the circuit court not later than the 90th day
after the date the statement { + , notice or proof of
delivery + } 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 { + , notice or proof of delivery + }, the
candidate, treasurer or person against whom the petition was
filed is entitled to recover reasonable attorney fees at trial
and on appeal.
SECTION 19. 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 { + , notice, proof of
delivery + } 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 14 of this 2001
Act + }.
(b) Failure to include in a statement { + , notice or proof of
delivery + } filed under ORS 260.058, 260.063, 260.068, 260.073,
260.083, 260.102, 260.112 or 260.118 { + or section 14 of this
2001 Act + } the information required under ORS 260.083, 260.102
or 260.118 { + or section 14 of this 2001 Act + }.
(c) Violation of ORS 260.174.
(2) If a person required to file has not filed a
statement { + , notice, proof of delivery + } 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 14 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 14 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 { + , notice, proof
of delivery + } 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 14 of this 2001
Act + };
(b) $10,000 for each failure to include in a statement { + ,
notice or proof of delivery + } filed under ORS 260.058, 260.063,
260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 { + or
section 14 of this 2001 Act + } the information required under
ORS 260.083, 260.102 or 260.118 { + or section 14 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 20. ORS 260.255 is amended to read:
260.255. (1) A filing officer shall preserve each
statement { + , notice or proof of delivery + } 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 14 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 { + , notice or
proof of delivery + } 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 21. { + (1) Sections 1 to 17 of this 2001 Act and the
amendments to ORS 260.225, 260.232 and 260.255 by sections 18 to
20 of this 2001 Act apply only to contributions received,
expenditures made and other activities occurring and proceedings,
actions, prosecutions or other business or matters undertaken or
commenced under ORS chapter 260 on or after the effective date of
this 2001 Act.
(2) Any proceeding, action, prosecution or other business or
matter undertaken or commenced before the effective date of this
2001 Act under ORS chapter 260 (1999 Edition), and still pending
on the effective date of this 2001 Act, may be conducted and
completed in the same manner, under the same terms and conditions
and with the same effect as though undertaken, conducted or
completed before the effective date of this 2001 Act.
(3) Nothing in this 2001 Act relieves any person of any
obligation with respect to a tax, fee, fine, civil penalty or
other charge, interest, penalty, forfeiture or other liability,
duty or obligation. + }
SECTION 22. { + ORS 316.102 is repealed December 31, 2005. + }
SECTION 23. { + A credit under ORS 316.102 may not be claimed
for political contributions made in tax years beginning on or
after January 1, 2002. + }
SECTION 24. { + It is the intent of this 2001 Act that
candidates for nomination or election to statewide office, as
defined in section 1 of this 2001 Act, and candidates for
nomination or election to the office of state Senator or state
Representative shall first receive revenues from the Political
Accountability Fund for use in the biennial primary and general
elections held in 2004. + }
SECTION 25. { + Sections 1 to 17 of this 2001 Act are added to
and made a part of ORS chapter 260. + }
SECTION 26. { + If any part of this 2001 Act is held
unconstitutional, void or otherwise without effect, the remaining
parts shall remain in force unless:
(1) This 2001 Act provides otherwise;
(2) The remaining parts are so essentially and inseparably
connected with and dependent upon the part that is
unconstitutional, void or without effect that it is apparent that
the remaining parts would not have been enacted without the part
that is unconstitutional, void or without effect; or
(3) The remaining parts, standing alone, are incomplete and
incapable of being executed in accordance with the intent of this
2001 Act. + }
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