72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1603
House Bill 2942
Sponsored by Representative KRUSE
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.
Allows use of computer software provided or approved by
Secretary of State for filing political contribution and
expenditure reports with Secretary of State. Requires filing of
weekly statements by candidates or political committees using
computer software.
Modifies minimum amount of aggregate political contribution for
which name and address of person making contribution must be
reported. Deletes requirement that occupation of contributor be
reported.
Specifies January 1, 2004, operative date.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
260.005, 260.044, 260.045, 260.055, 260.078, 260.083, 260.102,
260.205, 260.215, 260.225, 260.232, 260.241, 260.245, 260.255
and 260.315; repealing ORS 260.085; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2003 Act are added to
and made a part of ORS chapter 260. + }
SECTION 2. { + (1) In lieu of filing statements described in
ORS 260.058, 260.063, 260.068 or 260.073, a candidate or
political committee for whom the Secretary of State is the filing
officer may file statements of contributions received and
expenditures made as described in ORS 260.083 using computer
software supplied or approved by the Secretary of State as
described in section 3 of this 2003 Act.
(2) Notwithstanding ORS 260.058, 260.063, 260.068 or 260.073,
if a candidate or political committee files statements under
subsection (1) of this section, the statements shall be filed
according to a schedule of weekly accounting periods specified by
the Secretary of State by rule. + }
SECTION 3. { + (1) The Secretary of State may provide or
approve computer software to be used by a candidate or political
committee for the purpose of filing statements listing
contributions or expenditures with the Secretary of State as
described in section 2 of this 2003 Act.
(2) A candidate or political committee described in subsection
(1) of this section may submit computer software to the Secretary
of State for review. The secretary shall approve the use of the
computer software if the secretary determines that the software
satisfies the requirements of subsection (3) of this section.
(3) Computer software supplied or approved by the secretary
under this section must:
(a) Accommodate applicable accounting periods;
(b) Allow single-entry capability for reporting contributions
and expenditures;
(c) Be capable of calculating aggregate amounts of
contributions and expenditures; and
(d) Contain other features that the Secretary of State
specifies by rule. + }
SECTION 4. 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 2 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 - }
{ + any amount + } 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, 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 2 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 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 5. 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 - } { + that made + } the contribution. The statement shall
be certified as true by an officer of the contributing political
committee. As used in this paragraph, 'address' includes street
number and name, rural route number or post-office box, and city
and state; or
(b) An affidavit that to the best of the candidate's or
treasurer's knowledge and belief the contributing political
committee will not make contributions to candidates and
treasurers in this state that exceed two-thirds, in total amount,
of all contributions made by it in this state and elsewhere
during the period described in ORS 260.058 (1), 260.063 (1),
260.068 (1) or 260.073 (1) or the period described in ORS 260.118
(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), 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 6. 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 2 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 the last statement is filed under section 2 of this
2003 Act, + } whichever is later.
SECTION 7. ORS 260.102 is amended to read:
260.102. { + (1) + } A person who receives or expends money or
any other thing of value, after the date of an election, for the
purpose of reducing an expenditure deficit shown by a statement
of contributions and expenditures filed by a candidate or
treasurer, and who is not the candidate or treasurer and does not
receive or expend the money or other thing of value through the
candidate or treasurer, shall file with the filing officer a
statement showing the source of all money or other things of
value so received or expended.
{ + (2) + } The statement shall list the name { - ,
occupation - } and address of each person, or the name, address
and primary nature of each political committee, who
{ - contributed an aggregate amount of more than $100 on behalf
of a candidate for statewide office or regarding a statewide
measure, or more than $50 on behalf of a candidate for other than
statewide office or regarding a measure other than a statewide
measure. The statement may list as a single item the total amount
of other contributions, but shall specify how those contributions
were obtained - } { + made a contribution on behalf of a
candidate or regarding a measure + }. The statement shall be
signed and certified as true by the person required to file it or
by the person's authorized representative.
{ + (3) + } As used in this section, 'address' includes
street number and name, rural route number or post-office box,
and city and state.
SECTION 8. 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 2 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
section 2 of this 2003 Act + } 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 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
(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, 260.076 or 260.102 { +
or section 2 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 { + or section 2 of this 2003 Act + }. The statements
filed under this subsection shall be filed for the reporting
period described in ORS 260.063, 260.073 or 260.076 { + or
section 2 of this 2003 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 - } { + 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 2 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 2 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 260.078 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 2 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 12. ORS 260.205 is amended to read:
260.205. (1) Except as provided in this subsection, a filing
officer shall inspect each statement filed under ORS 260.058,
260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118
not later than the 10th business day after the filing deadline or
the 10th business day after the statement is filed, whichever is
later. { - The - } { + A + } statement required under ORS
260.068 (1)(d) and 260.073 (1)(d) { + or section 2 of this 2003
Act + } 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 2 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 13. 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 2 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 14. 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 2 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 15. 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 2
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 2 of this 2003 Act + } the information
required under ORS 260.076, 260.083, 260.102 or 260.118 { + or
section 2 of this 2003 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, 260.076, 260.078,
260.083, { - 260.085, - } 260.102, 260.112 or 260.118 { + or
section 2 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 2 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
(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, 260.076, 260.083, 260.102, 260.112 or 260.118
{ + or section 2 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 2 of this 2003
Act + } the information required under ORS 260.076, 260.083,
260.102 or 260.118 { + or section 2 of this 2003 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 16. ORS 260.245 is amended to read:
260.245. A certificate of election or certificate of nomination
shall 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 { + or section
2 of this 2003 Act + }.
SECTION 17. ORS 260.241 is amended to read:
260.241. (1) Despite delay in the filing of statements relating
to a candidate's nomination required to be filed under ORS
260.058 { + or section 2 of this 2003 Act, + } or in the filing
of a certificate in lieu of the statement required by ORS
260.058, the candidate's name shall appear on the general
election ballot if those statements are filed before the 61st day
before the general election.
(2) A candidate's name shall not be placed on the general
election ballot if the statements referred to in subsection (1)
of this section are not filed before the 61st day before the
general election.
(3) If the statements referred to in subsection (1) of this
section are not filed by the 68th day before the general
election, the filing officer by mail shall notify the person
required to file the statements that the candidate's name may not
be placed on the general election ballot. The filing officer
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 filing officer is
not required to send two notices if the candidate serves as the
treasurer of the candidate's principal campaign committee.
SECTION 18. 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 2 of this 2003 Act + }.
SECTION 19. { + ORS 260.085 is repealed. + }
SECTION 20. { + (1) The amendments to ORS 260.005, 260.044,
260.045, 260.078, 260.083, 260.102, 260.205, 260.215, 260.225,
260.232, 260.241 and 260.245 by sections 4, 5, 7 and 9 to 17 of
this 2003 Act and the repeal of ORS 260.085 by section 19 of this
2003 Act apply to statements filed or required to be filed on or
after the operative date specified in section 21 of this 2003
Act.
(2) The amendments to ORS 260.055 by section 6 of this 2003 Act
apply to accounts required to be kept on or after the operative
date specified in section 21 of this 2003 Act.
(3) The amendments to ORS 260.255 by section 8 of this 2003 Act
apply to reports prepared on or after the operative date
specified in section 21 of this 2003 Act. + }
SECTION 21. { + (1) Sections 2 and 3 of this 2003 Act, the
amendments to ORS 260.005, 260.044, 260.045, 260.055, 260.078,
260.083, 260.102, 260.205, 260.215, 260.225, 260.232, 260.241,
260.245, 260.255 and 260.315 by sections 4 to 18 of this 2003 Act
and the repeal of ORS 260.085 by section 19 of this 2003 Act
become operative on January 1, 2004.
(2) The Secretary of State may adopt rules or take any action
before the operative date specified in subsection (1) of this
section that is necessary to enable the secretary to exercise, on
and after the operative date specified in subsection (1) of this
section, all the duties, functions and powers conferred upon the
secretary by this 2003 Act. + }
SECTION 22. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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