73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 592
Senate Bill 160
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 as
introduced.
Directs all candidates and political committees to file
electronic statements of contributions received and expenditures
made with Secretary of State not later than seven business days
after contribution is received or expenditure made. Directs
secretary to make contribution and expenditure data available to
public on Internet according to schedule adopted by secretary by
rule.
Sets January 1, 2007, operative date.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
246.021, 260.005, 260.039, 260.041, 260.042, 260.043, 260.044,
260.045, 260.049, 260.052, 260.055, 260.078, 260.083, 260.085,
260.102, 260.118, 260.205, 260.215, 260.225, 260.232, 260.241,
260.245, 260.255, 260.315, 260.402 and 260.737; repealing ORS
260.058, 260.063, 260.068, 260.073, 260.076, 260.112, 260.159
and 260.161 and section 6, chapter 542, Oregon Laws 2003; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2005 Act is added to and made
a part of ORS 260.035 to 260.156. + }
SECTION 2. { + (1) The Secretary of State by rule shall adopt
an electronic filing system to be used by all candidates and
political committees to file with the secretary statements of
contributions received and expenditures made by the candidates
and political committees, as described in ORS 260.083.
(2) Except as provided in subsection (5) of this section, each
candidate or political committee shall use the electronic filing
system to file a statement described in subsection (1) of this
section not later than seven business days after a contribution
is received or an expenditure is made.
(3) The electronic filing system shall be provided free of
charge by the secretary and:
(a) Accept electronic files that conform to the format
prescribed by the secretary by rule; or
(b) Be compatible with any other electronic filing application
provided or approved by the secretary.
(4) The secretary shall make all data filed electronically
under this section and all information filed with the secretary
under ORS 260.044, 260.045, 260.049, 260.085 or 260.102 available
on the Internet to the public free of charge according to a
schedule adopted by the secretary by rule. The secretary shall
make the data available in a searchable database that is easily
accessible by the public.
(5) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. At any time the secretary by
rule may make a determination that the standards and requirements
of the federal election laws relating to candidates for federal
office are not substantially similar to those contained in ORS
260.035 to 260.156. If the secretary makes this determination,
candidates for federal office are subject to the requirements of
ORS 260.035 to 260.156.
(6) Each statement required by this section shall be signed and
certified as true by the candidate or treasurer required to file
it. Signatures shall be supplied in the manner specified by the
secretary by rule. + }
SECTION 3. ORS 260.402 is amended to read:
260.402. { + (1) + } { - No person shall - } { + A person
may not + } make a contribution to any other person, relating to
a nomination or election of any candidate or the support or
opposition to any measure, in any name other than that of the
person who in truth provides the contribution.
{ + (2) + } { - No person shall - } { + Except as
provided in subsection (3) of this section, a person may not + }
knowingly receive { - the - } { + a + }
contribution { + , + } { - or - } enter { + the
contribution + } or cause { - it - } { + the contribution + }
to be entered in accounts or records in another name than that of
the person by whom it was actually provided.
{ - However, if the contribution is received from the treasurer
of any political committee, it shall be sufficient to enter it as
received from the treasurer. - }
{ + (3) If a person receives a contribution from a political
committee, the person may enter the contribution into accounts or
records as received from the political committee. + }
SECTION 4. ORS 260.083, as amended by section 14, chapter 542,
Oregon Laws 2003, 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, chapter 542, Oregon Laws 2003, - } { + section
2 of this 2005 Act + } shall list:
(a) Under contributions, all contributions received. Except as
provided in ORS 260.085, the statement shall list { + :
(A) + } 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 { + in a
calendar year + } 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 - } { + ; and
(B) + } The total amount of other contributions { + as a
single item + }, 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 - } .
{ + The statement shall list:
(A) The amount and purpose of each expenditure made in an
aggregate amount of more than $100 in a calendar year to a payee
and the name of the payee.
(B) The total amount of other expenditures as a single
item. + }
(c) Separately, all contributions made by the candidate or
political committee.
(d) All loans, whether repaid or not, made { + by or + } to
the candidate or political committee. The statement shall
list { + :
(A) + } 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 - } { + ;
(B) + } The name of the lender holding the loan { + ; and
(C) The terms of the loan, including the interest rate and
repayment schedule + }.
(2) If an expenditure in an amount exceeding { - $50 - }
{ + $100 + } 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 { + or chief petitioner + }
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, chapter 542, Oregon Laws 2003 - }
{ + section 2 of this 2005 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) - } { + (9) + }, 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, 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 - }
{ + requires + } 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. { + Sections 6 and 7 of this 2005 Act are added to
and made a part of ORS 260.035 to 260.156. + }
SECTION 6. { + (1) A loan made by or to a candidate or
political committee must be by written agreement.
(2) A candidate or political committee shall keep a copy of any
written loan agreement with the detailed accounts of the
candidate or political committee required under ORS 260.055.
(3) Notwithstanding ORS 250.055, a written loan agreement shall
be preserved by the candidate or political committee until the
loan is repaid. + }
SECTION 7. { + (1) The treasurer of a political committee may
withdraw from amounts received as contributions by the political
committee an amount not exceeding $500 to establish or replenish
a petty cash fund for the political committee. The total amount
in the petty cash fund may not exceed $500.
(2) An expenditure from the petty cash fund:
(a) May not be made in amount exceeding $100;
(b) May be made only for office supplies and travel related
expenses; and
(c) May not be used for the purchase of time, space or services
from the media.
(3) The petty cash fund may not be used to make contributions.
(4) For purposes of section 2 of this 2005 Act:
(a) Expenditures made from the petty cash fund are not required
to be reported; and
(b) Any amount withdrawn from amounts received as contributions
to establish or replenish the petty cash fund shall be reported
as an expenditure. + }
SECTION 8. ORS 260.005, as amended by section 9, chapter 542,
Oregon Laws 2003, 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)(a) 'Controlled committee' means a political committee
that, in connection with the making of contributions or
expenditures:
(A) Is controlled directly or indirectly by a candidate or a
controlled committee; or
(B) Acts jointly with a candidate or controlled committee.
(b) For purposes of this subsection, a candidate controls a
political committee if:
(A) The candidate, the candidate's agent, a member of the
candidate's immediate family or any other political committee
that the candidate controls has a significant influence on the
actions or decisions of the political committee; or
(B) The candidate's principal campaign committee and the
political committee both have the candidate or a member of the
candidate's immediate family as a treasurer or director. + }
{ - (4) - } { + (5) + } 'County clerk' means the county
clerk or the county official in charge of elections.
{ - (5) - } { + (6) + } 'Elector' means an individual
qualified to vote under section 2, Article II of the Oregon
Constitution.
{ - (6) - } { + (7) + } 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) - } { + (8) + } 'Filing officer' means:
(a) The Secretary of State { - , - } { + :
(A) + } Regarding a candidate for { - any state office or any
office to be voted for in the state at large or in a
congressional district - } { + public office;
(B) Regarding a statement required to be filed under ORS
260.118 by the chief petitioners of a statewide initiative or
referendum petition or by the chief petitioners of a recall
petition relating to a person holding state office; + }or
{ + (C) + } Regarding { - a measure to be voted on in the
state at large - } { + any measure + }.
(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 - } { + a
statement required to be filed under ORS 260.118 by:
(A) The chief petitioners of a county initiative or referendum
petition;
(B) The chief petitioners of a district initiative or
referendum petition where the district is situated wholly within
one county; or
(C) The chief petitioners of a recall petition relating to a
county public office holder or a district public office holder
where the district is 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 - } { + a statement required to be filed under ORS
260.118 by:
(A) The chief petitioners of a city initiative or referendum
petition; or
(B) The chief petitioners of a recall petition relating to a
city public office holder + }.
(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 { + , regarding a
statement required to be filed under ORS 260.118 by:
(A) The chief petitioners of a district initiative or
referendum petition; or
(B) The chief petitioners of a recall petition relating to a
district public office holder + }.
(e) { + Notwithstanding paragraph (a) of this subsection, + }
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) - } { + (9) + } '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) - } { + (10) + } '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) - } { + (11) + } 'Judge' means judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court.
{ - (11) - } { + (12) + } '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) - } { + (13) + } '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) - } { + (14) + } 'Occupation' means { + :
(a) + } The nature of an individual's principal business
{ - or, - } { + ; and
(b) + } If the individual is employed by another person,
{ - the nature of the individual's principal business or - }
the business name and address { + , by city and state, + } of the
employer.
{ - (14) - } { + (15) + } '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) - } { + (16)(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 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, chapter 542, Oregon Laws 2003, or a certificate
filed under ORS 260.112 - } { + section 2 of this 2005 Act + };
or
(B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044 (1).
{ - (16) - } { + (17) + } 'Public office' means any
national, state, county, district, city office or position,
except a political party office, that is filled by the electors.
{ - (17) - } { + (18) + } '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) - } { + (19) + } '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) - } { + (20) + } 'Slate mailer' means a mass
mailing that supports or opposes a total of three or more
candidates or measures.
{ - (20)(a) - } { + (21)(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) - } { + (22) + } '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 9. ORS 260.039 is amended to read:
260.039. (1) Except as provided in ORS 260.043, a candidate who
serves as the candidate's own treasurer, or the treasurer of the
principal campaign committee, shall file a statement of
organization with the { - appropriate - } filing officer. The
statement shall include:
(a) The name, address, occupation, office sought and party
affiliation of the candidate. The address shall be the address of
a residence, office, headquarters or similar location where the
candidate may be conveniently located. However, a different
address may be used if the candidate first files with the filing
officer the candidate's residence address and the address
proposed to be used;
(b) A statement of how the candidate or principal campaign
committee intends to solicit funds; and
(c) In the case of a principal campaign committee:
(A) The name and address of the committee. The address shall be
the address of a residence, office, headquarters or similar
location where the political committee or a responsible officer
of the political committee may be conveniently located. However,
a different address may be used if the officer first files with
the filing officer the officer's residence address and the
address proposed to be used.
(B) The name, address and occupation of the committee director
or directors, if any.
(C) The name and address of the committee treasurer.
(D) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
(E) A statement of whether the committee presently intends to
remain in existence for more than one year.
(2) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer shall file the statement of
organization not later than the third business day after the
candidate first receives a contribution or makes an expenditure.
The treasurer of a principal campaign committee shall file the
statement of organization not later than the date specified in
ORS 260.035.
(3) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
(4) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer or the treasurer of the
principal campaign committee of the candidate shall file a
statement of organization under this section not later than the
deadline for the candidate to file a nominating petition or
declaration of candidacy under ORS 249.037 or a certificate of
nomination under ORS 249.722.
(5) Except as provided in ORS 260.043, a candidate for state
office who serves as the candidate's own treasurer or the
treasurer of the principal campaign committee of a candidate for
state office shall file a new or amended statement of
organization not later than the date that the candidate files a
nominating petition, declaration of candidacy or certificate of
nomination.
SECTION 10. ORS 260.041 is amended to read:
260.041. (1) Notwithstanding ORS 260.005 { - (15) - }
{ + (16) + } and except as provided in ORS 260.043, a candidate
shall designate a political committee as the candidate's
principal campaign committee. A candidate may designate only one
political committee as the candidate's principal campaign
committee.
(2) A political committee may not be designated as the
principal campaign committee of more than one candidate.
SECTION 11. ORS 260.042 is amended to read:
260.042. (1) The treasurer of a political committee shall file
a statement of organization with the { - appropriate - }
filing officer. The statement shall include:
(a) The name, address and nature of the committee. The address
shall be the address of a residence, office, headquarters or
similar location where the political committee or a responsible
officer of the political committee may be conveniently located.
However, a different address may be used if the officer first
files with the filing officer the officer's residence address and
the address proposed to be used.
(b) The name, address and occupation of the committee director
or directors.
(c) The name and address of the committee treasurer.
(d) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
(e) A statement of whether the committee presently intends to
remain in existence for more than one year.
(f) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or specifically
opposing or intends to support or specifically oppose, when
known, or, if the committee is supporting or specifically
opposing all the candidates of a given party, the name of that
party.
(g) A designation of any measure { - which - } { + that + }
the committee is opposing or supporting, or intends to support or
oppose.
(h) A statement of how the committee intends to solicit funds.
{ + (i) A statement of whether the committee is a controlled
committee. + }
(2) The statement of organization shall be filed not later than
the date specified in ORS 260.035.
(3) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
(4) This section does not apply to a political committee that
is a principal campaign committee or to a political committee
exclusively supporting or opposing one or more candidates for
federal or political party office.
SECTION 12. ORS 260.043 is amended to read:
260.043. (1) A candidate, other than a candidate for federal
office, who serves as the candidate's own treasurer and who
expects neither the aggregate contributions to be received nor
the aggregate expenditures to be made by or on behalf of the
candidate to exceed $300 in total amount during { - the total
period described in ORS 260.058 (1) or 260.068 (1) - } { + a
calendar year + } is not required to file a statement of
organization under ORS 260.039.
(2) A candidate described in subsection (1) of this section
must keep contribution and expenditure records { - during the
applicable total period described in ORS 260.058 or 260.068 - }
{ + for the previous 24 months + }.
(3) If at any time following the filing of a nominating
petition, declaration of candidacy or certificate of nomination
and during the { - total period described in ORS 260.058 (1) or
260.068 (1) - } { + calendar year + } either the aggregate
contributions or aggregate expenditures exceed $300, the
candidate, other than a candidate for federal office, shall
file { + :
(a) + } A statement of organization under ORS 260.039 { + ; and
(b) A statement under section 2 of this 2005 Act showing all
contributions received and expenditures made. The statement shall
be filed not later than seven business days after aggregate
contributions or aggregate expenditures exceed $300 during a
calendar year + }.
SECTION 13. ORS 260.044, as amended by section 10, chapter 542,
Oregon Laws 2003, 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 - } { + $100 in a calendar year + } in support
of or in opposition to a candidate, a measure or a political
committee. { + The statement shall be filed with the Secretary
of State. + }
(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 - } { + not later than seven
calendar days after + } the total amount of expenditures exceeds
{ - $50 - } { + $100 in a calendar year + }. 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) - } { + (16) + },
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 - } { + section 2 of this 2005
Act + }.
(4) For purposes of this section:
(a) An expenditure 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, chapter 542, Oregon Laws 2003, or a certificate
filed under ORS 260.112 - } { + section 2 of this 2005 Act + };
(b) An expenditure 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 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,
chapter 542, Oregon Laws 2003, or a certificate filed under ORS
260.112 - } { + section 2 of this 2005 Act + }.
(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 - } { + section 2 of this 2005 Act + } 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 14. ORS 260.045, as amended by section 11, chapter 542,
Oregon Laws 2003, 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), chapter 542, Oregon Laws
2003, - } { + calendar year + } 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), chapter 542, Oregon Laws 2003 - } { +
section 2 of this 2005 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 15. ORS 260.049 is amended to read:
260.049. (1) If the major source of revenue of a corporation is
paid-in-capital and the primary purpose of the corporation is to
support or oppose any candidate, measure or political party, and
the corporation has made a contribution or an expenditure for
that purpose, the corporation shall report to the Secretary of
State the names, addresses and occupations of its shareholders
and shall report the amount of paid-in-capital attributable to
each shareholder.
(2) The information required under subsection (1) of this
section, including information on the nature and amount of all
expenditures of money and in-kind contributions made by the
corporation, shall be filed { - on the same dates and for the
same reporting periods described in ORS 260.063 and 260.073 - }
{ + not later than seven calendar days after the contribution
or expenditure is made + }.
(3) The Secretary shall adopt by rule a form for the filing of
the information required under this section.
SECTION 16. ORS 260.052 is amended to read:
260.052. The Secretary of State shall assign an identification
number to each political committee { - for which the Secretary
of State is the filing officer - } { + required to file a
statement with the secretary under section 2 of this 2005
Act + }. The political committee shall include the identification
number with each contribution made by the political committee.
SECTION 17. ORS 260.055, as amended by section 12, chapter 542,
Oregon Laws 2003, 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 { + calendar + } 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,
chapter 542, Oregon Laws 2003 - } { + section 2 of this 2005
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), chapter 542, Oregon
Laws 2003, - } { + section 2 of this 2005 Act, + }whichever is
later.
SECTION 18. ORS 260.078, as amended by section 13, chapter 542,
Oregon Laws 2003, is amended to read:
260.078. If { - a report - } { + the first statement + }
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),
chapter 542, Oregon Laws 2003, - } { + section 2 of this 2005
Act + } shows any assets not previously reported on hand { - at
the beginning of the first reporting period - } , the
{ - report - } { + statement + } shall list all contributions
giving rise to the assets in accordance with ORS 260.083.
SECTION 19. ORS 260.085, as amended by section 15, chapter 542,
Oregon Laws 2003, 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 - } { + must + } list the occupation of the
contributor in the account and on the first statement filed under
{ - ORS 260.058, 260.063, 260.068, 260.073 or 260.076 or section
6, chapter 542, Oregon Laws 2003, - } { + section 2 of this
2005 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,
chapter 542, Oregon Laws 2003, - } { + section 2 of this 2005
Act + } after the contribution is received, the candidate or
political committee shall file with the account and { - the
filing officer - } { + with the statement filed under section 2
of this 2005 Act + }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 { + business + } 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, chapter 542, Oregon Laws 2003, that is filed at
least seven days after the contribution is received. - }
{ - (5) - } { + (4) + } 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 { + ,
within seven business days after receiving the information, + }
shall include the contributor's occupation in the account kept
under ORS 260.055 and the { - next statement - }
{ + contributor's entry + } filed under { - ORS 260.058,
260.063, 260.068, 260.073 or 260.076 or section 6, chapter 542,
Oregon Laws 2003 - } { + section 2 of this 2005 Act + }.
{ - (6) The filing officer shall be in compliance with law by
accepting the information described in this section. - }
SECTION 20. 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 - } { + shall file with the Secretary of State a
statement showing the source of all moneys or other things of
value received or expended if the person:
(a) + }Is not the candidate or treasurer { + ; + } and
{ + (b) + } 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 - } { + state + } measure, or
more than $50 on behalf of a candidate for other than statewide
office or regarding a measure other than a { - statewide - }
{ + state + } measure. The statement may list as a single item
the total amount of other contributions, but shall specify how
those contributions were obtained. The statement
{ - shall - } { + must + } 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 21. ORS 260.118 is amended to read:
260.118. (1) As provided in subsection (2) of this section, the
chief petitioners of a statewide initiative or referendum
petition or any recall petition shall:
(a) Appoint a treasurer and certify the name and address of the
treasurer to the filing officer. The treasurer shall be an
elector of this state. Contributions shall be received and
expenditures made by or through the treasurer.
(b) File a statement of organization with the appropriate
filing officer. The statement shall include:
(A) The name and address of the chief petitioners.
(B) The name and address of the treasurer appointed under
paragraph (a) of this subsection.
(C) A designation of the statewide initiative or referendum
petition or the recall petition. The designation of the recall
petition shall include the name of the officer whose recall is
demanded.
(D) A statement of how the petitioners intend to solicit funds.
(2) The chief petitioners shall certify the name of the
treasurer and file the statement of organization not later than
the third business day after the chief petitioners receive a
contribution or make an expenditure relating to the statewide
initiative or referendum petition or any recall petition.
(3) Any change in the information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended certification or an amended statement of
organization filed not later than the 10th day after the change
in information.
(4) For each statewide initiative petition, not sooner than the
15th day before the date of the primary election and not later
than the 12th day before the date of the primary election, the
treasurer appointed under subsection (1) of this section shall
file with the Secretary of State a statement described in
subsection (8) of this section. The accounting period for the
statement begins on the date that the name of the treasurer is
certified to the Secretary of State under subsection (1) of this
section or on the day following the last day of the accounting
period for the previous statement filed and ends on the 16th day
before the date of the primary election. The statement required
under this subsection shall be filed whether or not the petition
was completed or filed or was withdrawn under ORS 250.029.
(5) In addition to the statement required under subsection (4)
of this section, for each statewide initiative petition, the
treasurer appointed under subsection (1) of this section shall
file with the Secretary of State a statement described in
subsection (8) of this section for each period described in this
subsection. A statement shall be filed under this subsection
beginning with the period during which the aggregate amount of
contributions received or expenditures made exceeds $2,000. The
following statements shall be filed:
(a) A statement of contributions received and expenditures made
filed not later than September 10 of an odd-numbered year. The
accounting period for the statement required under this paragraph
begins on the date the treasurer is appointed under subsection
(1) of this section and ends on September 1.
(b) A statement of contributions received and expenditures made
filed not later than February 6 of an even-numbered year. The
accounting period for the statement required under this paragraph
begins on the date the treasurer is appointed under subsection
(1) of this section or on the day following the last day of the
accounting period for the previous statement filed and ends on
January 28.
(6) Not later than the 15th day after the last day for filing a
statewide initiative or referendum petition or any recall
petition with the filing officer for verification of signatures,
the treasurer appointed under subsection (1) of this section
shall file with the filing officer a statement described in
subsection (8) of this section. The statement required under this
subsection shall be filed whether or not the petition was
completed or filed or was withdrawn under ORS 250.029.
(7) Not later than the 15th day after the date an initiative or
referendum petition that is not statewide is filed with the
filing officer for verification of signatures, the chief
petitioners of the initiative or referendum petition shall file
with the filing officer a statement described in subsection (8)
of this section.
(8) The statement referred to in subsections (4) to (7) of this
section shall include the following information:
(a) The name and address of the chief petitioner.
(b) A designation of the initiative, referendum or recall
petition. The designation of any recall petition shall include
the name of the officer whose recall is demanded.
(c) A statement conforming to ORS 260.083 of contributions
received and expenditures made.
(9)(a) For a statewide initiative petition, the accounting
period for the statement required by subsection (6) of this
section begins on the 15th day before the date of the primary
election and ends on the deadline for submitting signatures for
verification.
(b) For a statewide referendum petition, the accounting period
for the statement required by subsection (6) of this section
begins on the date that the name of the treasurer is certified to
the filing officer under this section. The accounting period ends
on the deadline for submitting signatures for verification.
(c) For a recall petition, the accounting period for the
statement required by subsection (6) of this section begins on
the day after the date on which the statement of contributions
received and expenditures made required under ORS 249.865 is
filed. The accounting period ends on the deadline for submitting
signatures for verification.
(d) For an initiative or referendum petition that is not
statewide, the accounting period for the statement required by
subsection (7) of this section begins on the date the prospective
petition is filed and ends on the date that signatures are
submitted for verification.
(10)(a) If a statement filed under subsection (6) of this
section for a statewide initiative or referendum petition or any
recall petition that did not qualify for the ballot shows an
unexpended balance of contributions or an expenditure deficit,
and the chief petitioner's committee does not intend to support
or oppose a measure that is on the subsequent general election
ballot, a supplemental statement shall be filed annually not
later than September 10.
(b) If a statement filed under this section for a statewide
initiative or referendum petition or any recall petition that did
not qualify for the ballot shows an unexpended balance of
contributions or an expenditure deficit, and the chief
petitioner's committee intends to support or oppose a measure
that is on the subsequent general election ballot, { - that
committee shall - } { + the treasurer appointed under
subsection (1) of this section need + } not file a supplemental
statement in that year, but shall file the statements required
under { - ORS 260.073 - } { + section 2 of this 2005 Act + }.
Supplemental statements shall be filed annually for each
following year not later than September 10.
(c) The accounting period for the { + supplemental + }
statement required by this subsection begins on the day following
the last day of the accounting period for the previous statement
filed and ends on September 1.
(11) As used in this section, 'contribution' and ' expenditure'
include a contribution or expenditure to or on behalf of an
initiative, referendum or recall petition.
SECTION 22. ORS 260.205, as amended by section 16, chapter 542,
Oregon Laws 2003, 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 2 of this 2005
Act + } { - section 6, chapter 542, Oregon Laws 2003, - } 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 2 of this 2005
Act + } { - section 6, chapter 542, Oregon Laws 2003, - } 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 23. ORS 260.215, as amended by section 17, chapter 542,
Oregon Laws 2003, is amended to read:
260.215. (1) Not later than the third month after the date of
{ - a primary election or general - } { + an + } 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 { - , - }
{ + or + } 260.102 or { - 260.112 or section 6, chapter 542,
Oregon Laws 2003, - } { + section 2 of this 2005 Act + } to
determine whether the statement is sufficient.
{ + (2) Not later than the third month after the date a
statement is filed under ORS 260.118, the filing officer shall
examine the statement to determine whether the statement is
sufficient.
(3) + }The filing officer { + under subsections (1) and (2)
of this section + } 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 - } { + filing officer + }
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 24. ORS 260.225, as amended by section 18, chapter 542,
Oregon Laws 2003, is amended to read:
260.225. (1) Upon the petition of the Secretary of State or an
elector, or of any other filing officer with whom a
{ - report - } { + statement + } 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, chapter 542, Oregon
Laws 2003 - } { + section 2 of this 2005 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 25. ORS 260.232, as amended by section 19, chapter 542,
Oregon Laws 2003, 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, chapter 542, Oregon Laws 2003 - } { + section
2 of this 2005 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,
chapter 542, Oregon Laws 2003, - } { + section 2 of this 2005
Act + } the information required under ORS
{ - 260.076, - } 260.083, 260.102 or 260.118 or { - section
6, chapter 542, Oregon Laws 2003 - } { + section 2 of this 2005
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, chapter 542, Oregon Laws 2003, - } { + section
2 of this 2005 Act + } within the time specified in ORS
{ - 260.058, 260.063, 260.068, 260.073, 260.076, - } 260.078 or
260.118 or { - section 6, chapter 542, Oregon Laws 2003 - }
{ + section 2 of this 2005 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 - } { + The
testimony and other evidence + }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,
chapter 542, Oregon Laws 2003 - } { + section 2 of this 2005
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, chapter 542, Oregon Laws 2003, - } { + section 2 of this
2005 Act + } the information required under ORS
{ - 260.076, - } 260.083, 260.102 or 260.118 or { - section
6, chapter 542, Oregon Laws 2003 - } { + section 2 of this 2005
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
183.745.
SECTION 26. 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 in the filing of a certificate in lieu of
the statement required by ORS 260.058 - } { + section 2 of this
2005 Act prior to the nominating election + }, 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 27. ORS 260.245, as amended by section 20, chapter 542,
Oregon Laws 2003, is amended to read:
260.245. { + The Secretary of State, county clerk or chief
city elections officer may not grant + }a certificate of
election or certificate of nomination { - 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, chapter 542, Oregon Laws 2003 - } { + section 2 of this 2005
Act + }.
SECTION 28. ORS 260.255, as amended by section 21, chapter 542,
Oregon Laws 2003, is amended to read:
260.255. (1) { + Except as provided in subsection (2) of this
section, + }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, chapter 542, Oregon Laws 2003 - }
{ + or section 2 of this 2005 Act + }, or an accurate copy of
it, for at least six { + calendar + } years after the date of
the election to which the statement refers.
{ + (2) The Secretary of State shall maintain all data filed
electronically under section 2 of this 2005 Act on the Internet
for at least six calendar years after the date the secretary
first makes the data available. After six calendar years, if the
data are not maintained on the Internet, the secretary shall
archive the data in a secure format so that it is available to
the public. + }
{ - (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 29. ORS 260.315, as amended by section 22, chapter 542,
Oregon Laws 2003, 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, chapter
542, Oregon Laws 2003 - } { + section 2 of this 2005 Act + }.
SECTION 30. ORS 246.021 is amended to read:
246.021. (1) Except as provided in ORS 247.012 { + and
subsection (2) of this section + }, an election document and an
accompanying payment of fees required to be filed with the
Secretary of State, county clerk or other filing officer must be
delivered to and actually received at the office of the
designated officer not later than 5 p.m. of the day the document
or fee is due or, if the day due is a Saturday, Sunday or
holiday, on the next business day.
(2) { - The exception to subsection (1) of this section is,
when at 5 p.m. - } { + If, at 5 p.m. of the day an election
document is due, + } an individual is physically present in the
office of the
{ - designated officer - } { + secretary, county clerk or
other filing officer + } and in line waiting to deliver
{ - a - } { + the + } document, the individual { - shall be
considered as having - } { + is considered to have + } begun
the act of delivering the document and { - shall be - }
{ + is + } permitted to file it.
(3) Any election document required to be filed with the filing
officer other than ballots, voter registration cards or petitions
requiring signatures of electors may also be filed by means of an
electronic facsimile transmission machine. If an election
document is required to be filed by a specified time, the entire
document must be received in the office of the filing officer not
later than 5 p.m. of the day the document is due or, if the day
due is a Saturday, Sunday or holiday, on the next business day.
(4) Notwithstanding any provision of subsections (1) to (3) of
this section, if a statement is required to be filed { - in an
electronic format under ORS 260.159 - } { + electronically
under section 2 of this 2005 Act + }:
(a) The statement must be received { - in an electronic
format - } { + electronically + } at the office of the Secretary
of State not later than 5 p.m. of the day the statement is due
or, if the day due is a Saturday, Sunday or holiday, on the next
business day; and
(b) The Secretary of State { - shall - } { + may + } not
accept the filing of the statement in any form other than an
electronic format.
(5) As used in this section, 'election document' includes, but
is not limited to, a declaration of candidacy for nomination for
public or political party office, completed nominating petitions,
statements and portraits for voters' pamphlets, statements of
election campaign contributions and expenditures, and initiative,
referendum or recall petitions.
SECTION 31. ORS 260.737 is amended to read:
260.737. (1) A slate mailer organization { - shall - }
{ + may + } not send a slate mailer unless all of the following
are satisfied:
(a) The name and address of the slate mailer organization shall
be shown on the outside of each piece of the slate mailer in a
legible size and type.
(b) The following notice shall appear in a legible size and
type at the top or bottom of the front side of the slate mailer:
_________________________________________________________________
NOTICE TO VOTERS
THIS DOCUMENT WAS NOT PREPARED BY A POLITICAL PARTY COMMITTEE OR
PARTY CAUCUS COMMITTEE.
CANDIDATES AND MEASURES MARKED WITH AN * PAID FOR APPEARANCE IN
THIS DOCUMENT.
_________________________________________________________________
(c) Each candidate that has paid to appear in the slate mailer
and each measure on whose behalf payment has been received to
appear in the slate mailer shall be designated by an asterisk of
legible size immediately following the name of the candidate or
the name or number of the measure in each instance where the name
of the candidate or the name or number of the measure appears in
the slate mailer.
(2) The Secretary of State by rule shall define 'legible size'
and 'legible size and type' as used in this section.
(3) For purposes of ORS 260.735 and this section, 'address '
means the address of a residence, office, headquarters or similar
location where the slate mailer organization or a responsible
officer of the slate mailer organization may be conveniently
located. If the slate mailer organization is a political
committee, the address shall be the address of the political
committee included in the statement of organization under ORS
260.039 or 260.042.
(4) The Secretary of State by rule may define the term '
payment' as used in this section and ORS 260.005 { - (20) - }
{ + (21) + } and 260.735.
SECTION 32. { + ORS 260.058, 260.063, 260.068, 260.073,
260.076, 260.112, 260.159 and 260.161 and section 6, chapter 542,
Oregon Laws 2003, are repealed. + }
SECTION 33. { + Sections 1, 2 and 5 to 7 of this 2005 Act, the
amendments to ORS 246.021, 260.005, 260.039, 260.041, 260.042,
260.043, 260.044, 260.045, 260.049, 260.052, 260.055, 260.078,
260.083, 260.085, 260.102, 260.118, 260.205, 260.215, 260.225,
260.232, 260.241, 260.245, 260.255, 260.315, 260.402 and 260.737
by sections 3, 4 and 8 to 31 of this 2005 Act and the repeal of
ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.112, 260.159
and 260.161 and section 6, chapter 542, Oregon Laws 2003, by
section 32 of this 2005 Act:
(1) Become operative on January 1, 2007;
(2) Do not relieve a person of any obligation with respect to a
fee, fine or other charge, interest, civil penalty or other
liability, duty or obligation accruing under a law amended or
repealed by this 2005 Act; and
(3) Do not affect an act done or proceeding begun, a liability
incurred or a right accruing, accrued or acquired before the
operative date specified in this section, under the law then in
effect. A proceeding begun before the operative date specified in
this section in accordance with the law then in effect may be
completed after the operative date specified in this section as
if this 2005 Act had not been enacted. + }
SECTION 34. { + (1) A candidate or political committee shall
file a first statement under section 2 of this 2005 Act on or
after January 1, 2007.
(2) If the candidate or political committee did not file a
statement prior to January 1, 2007, for a previous election, the
accounting period for the first statement begins on the date that
the name of a treasurer is certified to the filing officer under
ORS 260.035 or 260.037.
(3) If the last statement of contributions and expenditures
filed by the candidate or political committee prior to January 1,
2007, for a previous election shows:
(a) An unexpended balance of contributions or an expenditure
deficit:
(A) The accounting period begins on the day following the last
day of the accounting period for the statement filed for the
previous election.
(B) The beginning balance on the statement required by section
2 of this 2005 Act shall be the amount of the unexpended balance
of contributions or expenditure deficit.
(b) No balance or no deficit, the accounting period begins on
the day that the candidate or the candidate's principal campaign
committee next receives a contribution or makes an
expenditure. + }
SECTION 35. { + The amendments to ORS 260.118 by section 21 of
this 2005 Act apply to statewide initiative and referendum
petitions and any recall petitions for which a prospective
petition is filed prior to, on or after the operative date
specified in section 33 of this 2005 Act. + }
SECTION 36. { + The Secretary of State may take any action
before the operative date specified in section 33 of this 2005
Act that is necessary to enable the secretary to exercise, on and
after the operative date specified in section 33 of this 2005
Act, all the duties, functions and powers conferred upon the
secretary by sections 1, 2 and 5 to 7 of this 2005 Act, the
amendments to ORS 246.021, 260.005, 260.039, 260.041, 260.042,
260.043, 260.044, 260.045, 260.049, 260.052, 260.055, 260.078,
260.083, 260.085, 260.102, 260.118, 260.205, 260.215, 260.225,
260.232, 260.241, 260.245, 260.255, 260.315, 260.402 and 260.737
by sections 3, 4 and 8 to 31 of this 2005 Act and the repeal of
ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.112, 260.159
and 260.161 and section 6, chapter 542, Oregon Laws 2003, by
section 32 of this 2005 Act. + }
SECTION 37. { + This 2005 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2005 Act takes effect on
its passage. + }
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