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 498
 
                           A-Engrossed
 
                         Senate Bill 132
                  Ordered by the Senate June 18
            Including Senate Amendments dated June 18
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Secretary of State Bill
  Bradbury)
 
 
                             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.
 
    { - Increases maximum amount of civil penalty for each
violation of election laws or rules adopted under election laws
from $250 to $1,000. - }
   { +  Modifies definition of contribution to include signed or
legally enforceable agreement to make contribution. Deletes
unfulfilled pledges that are not legally enforceable. + }
 
                        A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
  260.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 - }   { + Any signed or legally enforceable
agreement to make a contribution:
  (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 + }.
  (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 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 2.  { + The amendments to ORS 260.005 by section 1 of
this 2003 Act apply to contributions made on or after the
effective date of this 2003 Act. + }
                         ----------