74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1813
 
                         House Bill 2059
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Public Commission on the
  Oregon Legislature)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows candidate for public office to use political
contributions only to support nomination or election of
candidate.  Prohibits candidate from using contributions for
personal use.  Prohibits candidate from using contributions to
make contributions to other candidates or political committees,
to defray office expenses, to pay criminal or civil penalties or
to pay certain membership dues.
  Allows candidate to distribute contributions to principal
campaign committee of same candidate for different office. Allows
candidate who discontinues principal campaign committee to
distribute excess contributions to charitable organization,
political party, legislative caucus political committee or
Legislative Assembly.
  Limits uses of contributions received by political committee
that is not principal campaign committee.
 
                        A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
  260.046 and 260.407.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 260.407 is amended to read:
  260.407.   { - (1) Except as provided in subsection (2) of this
section, amounts received as contributions by a candidate or the
principal campaign committee of a candidate for public office
that are in excess of any amount necessary to defray campaign
expenditures and any other funds donated to a holder of public
office may be: - }
    { - (a) Used to defray any expenses incurred in connection
with the recipient's duties as a holder of public office; - }
    { - (b) Transferred to any national, state or local political
committee of any political party; - }
    { - (c) Contributed to any organization described in section
170(c) of Title 26 of the United States Code or to any charitable
corporation defined in ORS 128.620; or - }
    { - (d) Used for any other lawful purpose. - }
    { - (2) Notwithstanding subsection (1) of this section,
amounts received as contributions by a candidate for public
office that are in excess of any amount necessary to defray
campaign expenditures and other funds donated to a holder of
public office shall not be converted by any person to any
personal use other than to defray any expenses incurred in
connection with the person's duties as a holder of public office
or to repay to a candidate any loan the proceeds of which were
used in connection with the candidate's campaign. - }
    { - (3) As used in this section: - }
    { - (a) 'Funds donated' means all funds, including but not
limited to gifts, loans, advances, credits or deposits of money
that are donated for the purpose of supporting the activities of
a holder of public office. 'Funds donated' does not mean funds
appropriated by the Legislative Assembly or another similar
public appropriating body or personal funds of the office holder
donated to an account containing only those personal funds. - }
    { - (b) 'Public office' does not include national or
political party office. - }
   { +  (1) Except as provided in subsections (3) and (4) of this
section, a candidate or principal campaign committee of a
candidate for public office may use contributions received by the
candidate or committee only for the purpose of making
expenditures to support the nomination or election of the
candidate.
  (2) Except as provided in subsections (3) and (4) of this
section, contributions received by a candidate or principal
campaign committee of a candidate for public office may not be:
  (a) Converted by any person to any personal use;
  (b) Contributed to any other candidate or political committee;
  (c) Used to defray any expenses incurred in connection with the
recipient's duties as a holder of public office;
  (d) Used to pay any money award as defined in ORS 18.005
included as part of a judgment in a civil or criminal action or
any civil penalty imposed by an agency as defined in ORS 183.310
or by a local government as defined in ORS 174.116; or
  (e) Used to pay membership dues to a professional or civic
organization if the membership is not integrally related to the
candidate's election or duties as a holder of public office.
  (3) A candidate or principal campaign committee of a candidate
for public office may distribute contributions received by the
candidate or committee to the principal campaign committee of the
same candidate for nomination or election to a different public
office.
  (4) If a candidate or principal campaign committee of a
candidate for public office does not intend to receive
contributions or make expenditures and intends to discontinue the
statement of organization of the candidate or committee under ORS
260.046, the candidate or committee may distribute contributions
received by the candidate or committee to:
  (a) Any organization qualified as a charitable organization
under 26 U.S.C. 501(c)(3), or to any charitable corporation as
defined in ORS 128.620, if the organization or corporation is not
controlled by the candidate or a member of the candidate's
immediate family;
  (b) Any national, state or local political committee of any
political party;
  (c) Any political committee organized by a caucus of either
house of the Legislative Assembly; or
  (d) In the case of a candidate for the office of state Senator
or state Representative, the Property and Supplies Stores Account
established under ORS 173.790.
  (5) Contributions received by a political committee that is not
a principal campaign committee of a candidate for public office
may not be:
  (a) Converted by any person to any personal use;
  (b) Except as allowed under ORS chapter 244, used to defray any
expenses incurred in connection with the duties of a holder of
public office;
 
  (c) Used to pay any money award as defined in ORS 18.005
included as part of a judgment in a civil or criminal action or
any civil penalty imposed by an agency as defined in ORS 183.310
or by a local government as defined in ORS 174.116; or
  (d) Used to pay membership dues of a candidate or holder of
public office to a professional or civic organization if the
membership is not integrally related to the candidate's election
or the duties of the holder of public office.
  (6) The Secretary of State by rule may specify expenditures
that are allowed or prohibited under subsection (1), (2) or (5)
of this section.
  (7) As used in this section, 'public office' does not include a
national or political party office. + }
  SECTION 2. ORS 260.046 is amended to read:
  260.046. (1) A filing officer, in accordance with rules adopted
by the Secretary of State, may discontinue the statement of
organization of a candidate, principal campaign committee or
political committee if the candidate, principal campaign
committee or political committee has not filed a statement of
contributions received or expenditures made under this chapter.
  (2) The Secretary of State shall adopt rules prescribing
conditions and procedures under which a filing officer may
discontinue a statement of organization under this section.
  (3) If a filing officer discontinues a statement of
organization under this section, the filing officer shall provide
written notice to the candidate, principal campaign committee or
political committee that the statement has been discontinued.
   { +  (4) A candidate, principal campaign committee or
political committee may discontinue a statement of organization
in the manner specified by the Secretary of State by rule. + }
  SECTION 3.  { + (1) The amendments to ORS 260.407 by section 1
of this 2007 Act apply to expenditures or distributions of
contributions made on or after the effective date of this 2007
Act.
  (2) The amendments to ORS 260.046 by section 2 of this 2007 Act
apply to:
  (a) Individuals who are or who become candidates or treasurers
on or after the effective date of this 2007 Act;
  (b) Principal campaign committees or political committees for
which a statement of organization was filed prior to the
effective date of this 2007 Act and has not been discontinued;
and
  (c) Principal campaign committees or political committees for
which a statement of organization is filed on or after the
effective date of this 2007 Act. + }
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