72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 552
Sponsored by Senators METSGER, COURTNEY
CHAPTER ................
AN ACT
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.
Enrolled Senate Bill 552 (SB 552-B) Page 1
(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. + }
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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
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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:
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(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.
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(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:
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(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 - } { + 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.
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(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;
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(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
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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.
(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,
Enrolled Senate Bill 552 (SB 552-B) Page 10
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
Enrolled Senate Bill 552 (SB 552-B) Page 11
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
Enrolled Senate Bill 552 (SB 552-B) Page 12
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 + }.
(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 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
Enrolled Senate Bill 552 (SB 552-B) Page 13
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
(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 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
(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.
Enrolled Senate Bill 552 (SB 552-B) Page 14
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. + }
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Enrolled Senate Bill 552 (SB 552-B) Page 15
Passed by Senate May 28, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 17, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 552 (SB 552-B) Page 16
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 552 (SB 552-B) Page 17