Chapter 542 Oregon Laws 2003

AN ACT

SB 552

Relating to elections; creating new provisions; amending ORS 249.190, 254.056, 254.065, 260.005, 260.044, 260.045, 260.055, 260.078, 260.083, 260.085, 260.205, 260.215, 260.225, 260.232, 260.245, 260.255 and 260.315; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 to 4 of this 2003 Act are added to and made a part of ORS chapter 254.

SECTION 2. (1) If the Secretary of State determines that a vacancy exists in the nomination of a candidate of a major political party for state office, that the vacancy is due to the death of the candidate and that the vacancy occurred after the 30th day before the date of the general election:

(a) The election for that state office may not be held at the general election;

(b) The county clerks may not count ballots cast for candidates for that state office at the general election; and

(c) The Secretary of State shall order a special election as provided in section 3 of this 2003 Act.

(2) The candidates listed on the ballot at the special election shall be:

(a) The candidates who were listed on the general election ballot, other than the candidate whose nomination became vacant; and

(b) The candidate selected to fill the vacancy in the nomination as provided in ORS 249.190 or 249.205.

(3) As used in this section “state office” means the office of Governor, Secretary of State, State Treasurer, Attorney General, state Senator or state Representative.

SECTION 3. (1) If the Secretary of State determines that a special election is necessary under section 2 of this 2003 Act, the secretary shall issue an order calling the election. The secretary shall issue the order not later than the fifth business day after the date of the general election.

(2) The date of the special election shall be determined by the Secretary of State by rule. The special election shall be held not sooner than January 2 of the odd-numbered year following the date of the general election and not later than the Friday before the second Monday in January of the odd-numbered year.

(3) Notwithstanding ORS 254.465, the special election shall be held by mail as provided in ORS 254.470.

(4) There shall be no state voters’ pamphlet for any special

election called under this section.

SECTION 4. (1) Notwithstanding ORS 253.045 and 253.065, for a special election called under section 3 of this 2003 Act, long-term absentee ballots shall be mailed not later than the 30th day before the date of the election. County clerks shall make other absentee ballots available not later than the 28th day before the date of the special election.

(2) Notwithstanding ORS 254.545, not later than 5 p.m. of the third day after the date of the special election, the county clerk shall deliver to the Secretary of State a copy of the abstracts for the offices voted upon at the special election. The abstract for election of Governor shall be delivered separately to the secretary as provided in section 4, Article V of the Oregon Constitution.

(3) Notwithstanding ORS 253.135, not later than 5 p.m. of the first day after the date of the special election, a county clerk who received a ballot originating in another county shall forward the ballot by overnight mail or delivery or by the most expeditious means available to the county clerk of the county from which the ballot originated.

(4) Notwithstanding ORS 254.555, not later than 5 p.m. of the fourth business day after the date of the special election, the Secretary of State shall issue a proclamation declaring the election of candidates to offices or shall order recounts of the votes cast as provided in ORS 258.280.

(5)(a) Notwithstanding ORS 258.161, a recount may not be conducted for any special election under this section unless the recount is required by ORS 258.280.

(b) If a recount for any special election is required by ORS 258.280, the Secretary of State shall complete the recount as expeditiously as possible to minimize disruption to the sessions of the Legislative Assembly and shall issue a proclamation declaring the election of a candidate to office upon completion of the recount.

(6) The cost of all special elections called under section 3 of this 2003 Act shall be paid by the state.

(7) The ballot at a special election described in this section may not contain:

(a) Any measure; or

(b) Any candidate other than those candidates for which a special election is necessary.

(8) If there is a vacancy in the nomination of a candidate at a special election called under section 3 of this 2003 Act, the vacancy in the nomination shall be filled in the manner provided in ORS chapter 249 and the special election shall be held as scheduled.

(9) When the office of state Senator or state Representative is vacant at the beginning of a session of the Legislative Assembly due to a special election called under section 3 of this 2003 Act, the vacancy may not be filled as provided in ORS 171.051 unless, before entering upon the duties of the office to which the person was elected, the person elected at the special election dies, resigns or is declared disqualified by the house to which the person was elected.

(10) The Secretary of State may adopt rules governing the procedures for conducting a special election required by section 2 of this 2003 Act.

SECTION 5. Section 6 of this 2003 Act is added to and made a part of ORS chapter 260.

SECTION 6. (1) Notwithstanding ORS 260.058 and 260.063 and except as provided in ORS 260.112, each candidate seeking election at a special election called under section 3 of this 2003 Act or a candidate’s principal campaign committee, and each political committee supporting or opposing a candidate at a special election, shall file the following with the filing officer:

(a) A preelection statement of contributions received and expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee or the political committee, not sooner than the eighth day and not later than the fifth day before the date of the special election. The accounting period for the statement required by this paragraph begins on the day following the last day of the accounting period for the post-election statement filed for the general election and ends on the ninth day before the date of the special election. If a candidate described in ORS 260.068 (2), a candidate’s principal campaign committee or a political committee described in ORS 260.073 (2) is required to file a preelection statement under this paragraph, the candidate, principal campaign committee or political committee does not have to otherwise comply with the provisions of ORS 260.068 (2) or 260.073 (2).

(b) A supplement to the preelection statement, on the day before the special election, showing contributions received and expenditures made by or on behalf of the candidate, the candidate’s principal campaign committee or the political committee after the ninth day and before the day preceding the day of the special election. A supplement shall be filed if the aggregate amount of contributions, including loans, whether repaid or not, received from a single political committee or other person during the period described in this paragraph exceeds $500, or the aggregate amount of expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee to single payee exceeds $1,000. The supplement must be filed on forms prescribed by the Secretary of State by rule. A candidate or the treasurer of a political committee who filed a certificate under ORS 260.112 shall file a statement or supplement under this subsection if the aggregate amount of contributions received and expenditures made exceeds $2,000 because of contributions received or expenditures made during a period described in paragraph (a) of this subsection or this paragraph.

(c) A post-election statement of contributions received and expenditures made by or on behalf of the candidate, the candidate’s principal campaign committee or the political committee, not sooner than the 21st day and not later than the 30th day after the date of the special election. The accounting period for the statement required by this paragraph begins on the eighth day before the date of the special election and ends on the 20th day after the date of the special election.

(2) A candidate, a candidate’s principal campaign committee or a political committee shall file a supplemental statement of contributions received and expenditures made by or on behalf of the candidate, the candidate’s principal campaign committee or the political committee, if the post-election statement required by subsection (1)(c) of this section shows an unexpended balance of contributions or an expenditure deficit. A supplemental statement shall be filed annually not later than September 10, until a statement is filed containing no balance or no deficit. The accounting period for the statement required by this subsection begins on the day following the last day of the accounting period for the previous statement filed and ends on September 1. If a candidate, a candidate’s principal campaign committee or a political committee is required to file a supplemental statement under this subsection, the candidate, principal campaign committee or political committee does not have to comply with the provisions of ORS 260.068 (3) or 260.073 (3).

(3) Each statement and supplement required of a candidate or a candidate’s principal campaign committee by this section shall be signed and certified as true by the candidate or treasurer

required to file it.

(4) A political committee shall prepare one original copy of each statement and supplement required by this section and file a duplicate copy of the statement and any supplement with the filing officer of each candidate supported or opposed by the political committee. The statement, supplement and each duplicate copy shall be signed and certified as true by the treasurer required to file it.

(5) A political committee shall file the supplemental statement described in subsection (1) 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 7. ORS 254.056 is amended to read:

254.056. (1) The general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year. Except as provided in section 2 of this 2003 Act, at the general election officers of the state and subdivisions of the state, members of Congress and electors of President and Vice President of the United States as are to be elected in that year shall be elected.

(2) The primary election shall be held on the third Tuesday in May of each even-numbered year. At the primary election precinct committeepersons shall be elected and major political party candidates shall be nominated for offices to be filled at the general election held in that year.

SECTION 8. ORS 254.065 is amended to read:

254.065. (1) When one person is to be nominated for or elected to an office, the person receiving the highest number of votes shall be nominated or elected. When more than one person is to be nominated for or elected to a single office, the persons receiving the higher number of votes shall be nominated or elected. This subsection does not apply to a candidate for election to an office at a general election if the election for the office must be held at a special election as described in section 2 of this 2003 Act.

(2) No measure shall be adopted unless it receives an affirmative majority of the total votes cast on the measure. If two or more conflicting laws, or amendments to the Constitution or charter, are approved at the same election, the law, or amendment, receiving the greatest number of affirmative votes shall be paramount regarding each conflict, even though the law, or amendment, may not have received the greatest majority of affirmative votes.

SECTION 9. 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

(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

(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) “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.

(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] does 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, 260.076 or 260.102 or section 6 of this 2003 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 10. 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, 260.073 or 260.076. The statements filed under this subsection shall be filed for the reporting period described in ORS 260.063, 260.073 or 260.076 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] does 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, 260.076 or 260.102 or section 6 of this 2003 Act or a certificate filed under ORS 260.112;

(b) An expenditure [shall] does 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] is not 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, 260.076 or 260.102 or section 6 of this 2003 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 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 primary election. This subsection does not apply to a candidate in the primary or nominating election.

SECTION 11. ORS 260.045 is amended to read:

260.045. (1) If a candidate or treasurer receives a contribution of more than $50 from a political committee not in this state, the candidate or treasurer shall file the following if required under subsection (2) of this section:

(a) A written statement of the name, occupation and address of each person, or the name, address and primary nature of each political committee, who contributed more than $50 of the contribution. The statement shall be certified as true by an officer of the contributing political committee. As used in this paragraph, “address” includes street number and name, rural route number or post-office box, and city and state; or

(b) An affidavit that to the best of the candidate’s or treasurer’s knowledge and belief the contributing political committee will not make contributions to candidates and treasurers in this state that exceed two-thirds, in total amount, of all contributions made by it in this state and elsewhere during the period described in ORS 260.058 (1), 260.063 (1), 260.068 (1) or 260.073 (1) or section 6 (1) of this 2003 Act or the period described in ORS 260.118 (4) or (9) for which the statement is filed. The affidavit shall be filed at the same time the statement is filed regarding the contribution.

(2) The statement or affidavit described in subsection (1) of this section shall be filed if:

(a) Requested by the Secretary of State; or

(b) The Secretary of State receives a request for the filing from any person made not later than six months after the deadline for filing a statement under ORS 260.058 (1), 260.063 (1), 260.068 (1), 260.073 (1) or 260.118 (4) or (9) or section 6 (1) of this 2003 Act, if a candidate or treasurer files a statement reporting a contribution received from a political committee not in this state.

(3) If requested under subsection (2) of this section, the statement or affidavit described in subsection (1) of this section shall be filed not later than 10 business days after a candidate or treasurer receives a request from the Secretary of State.

SECTION 12. 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, 260.076 or 260.078 or section 6 of this 2003 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) or section 6 (2) of this 2003 Act, whichever is later.

SECTION 13. ORS 260.078 is amended to read:

260.078. If a report filed by a candidate, a candidate’s principal campaign committee or a political committee under ORS 260.058 (1)(a), 260.063 (1)(a), 260.068 (1)(a) or 260.073 (1)(a) or section 6 (1)(a) of this 2003 Act shows any assets not previously reported on hand at the beginning of the first reporting period, the report shall list all contributions giving rise to the assets in accordance with ORS 260.083.

SECTION 14. ORS 260.083 is amended to read:

260.083. (1) A statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.076 or 260.118 or section 6 of this 2003 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 and address 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.

(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, political committee or chief petitioner under ORS 260.118 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, 260.063, 260.068, 260.073 or 260.118 or section 6 of this 2003 Act, 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] is not 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 15. 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, 260.073 or 260.076 or section 6 of this 2003 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, 260.073 or 260.076 or section 6 of this 2003 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, 260.073 or 260.076 or section 6 of this 2003 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, 260.073 or 260.076 or section 6 of this 2003 Act.

(6) The filing officer shall be in compliance with law by accepting the information described in this section.

SECTION 16. 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 or section 6 of this 2003 Act not later than the 10th business day after the filing deadline or the 10th business day after the statement is filed, whichever is later. The statement required under ORS 260.068 (1)(d) and 260.073 (1)(d) shall be inspected not later than the 30th business day after the filing deadline or the 30th business day after the statement is filed, whichever is later. This subsection does not apply to statements required under ORS 260.058 (1)(c) and (2), 260.063 (1)(c) and (2), 260.068 (1)(c) and (3) and 260.073 (1)(c) and (3).

(2) A filing officer immediately shall notify a person required to file a statement with the filing officer under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 or section 6 of this 2003 Act 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 17. ORS 260.215 is amended to read:

260.215. (1) Not later than the third month after the date of a primary election or general election, each filing officer shall examine each statement relating to the election filed with the officer under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.083, 260.102 or 260.112 or section 6 of this 2003 Act to determine whether the statement is sufficient. The filing officer may require any person to answer in writing and upon oath or affirmation before a judge, justice of the peace, county clerk or notary public any question within the knowledge of that person concerning the source of any contribution. The inquiry shall advise the person concerned of the penalty for failure to answer.

(2) Subsection (1) of this section applies in regard to a statement filed under ORS 260.118, except that the filing officer shall examine such a statement not later than the third month after the date the statement is filed.

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 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, 260.076, 260.083, 260.102, 260.112 or 260.118 or section 6 of this 2003 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 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 or certificate required to be filed under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or 260.118 or section 6 of this 2003 Act.

(b) Failure to include in a statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or 260.118 or section 6 of this 2003 Act the information required under ORS 260.076, 260.083, 260.102 or 260.118 or section 6 of this 2003 Act.

(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, 260.076, 260.078, 260.083, 260.085, 260.102, 260.112 or 260.118 or section 6 of this 2003 Act within the time specified in ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.078 or 260.118 or section 6 of this 2003 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

(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, 260.076, 260.083, 260.102, 260.112 or 260.118 or section 6 of this 2003 Act;

(b) $10,000 for each failure to include in a statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or 260.118 or section 6 of this 2003 Act the information required under ORS 260.076, 260.083, 260.102 or 260.118 or section 6 of this 2003 Act; or

(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 260.245 is amended to read:

260.245. A certificate of election or certificate of nomination [shall] may not be granted to any candidate until the candidate has filed the statements relating to the election that the candidate is required to file under ORS 260.058 and 260.068 and section 6 of this 2003 Act.

SECTION 21. 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, 260.076, 260.083, 260.102, 260.112 or 260.118 or section 6 of this 2003 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 22. 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, 260.076, 260.083, 260.102, 260.112 or 260.118 or section 6 of this 2003 Act.

SECTION 23. ORS 249.190 is amended to read:

249.190. (1) [Subject to subsection (3) of this section] Except as provided in section 2 of this 2003 Act, a vacancy in the nomination of a major political party candidate may be filled before the date of the general election by that political party in a manner prescribed by party rule.

(2) Immediately after selecting a new nominee, the party, by the most expeditious means practicable, shall notify the filing officer with whom a declaration of candidacy for the office is filed of the name of the nominee.

(3) The Secretary of State by rule may adopt a schedule specifying the period following a vacancy within which a major political party must notify the filing officer of the name of the new nominee.

SECTION 24. This 2003 Act does not take effect unless the amendment to the Oregon Constitution proposed by Senate Joint Resolution 19 (2003) is approved by the people at the next regular general election held throughout this state. This 2003 Act takes effect on the effective date of that constitutional amendment.

Approved by the Governor July 3, 2003

Filed in the office of Secretary of State July 3, 2003

Effective date same as constitutional amendment proposed by SJR 19

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