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 939
House Bill 2083
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (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.
Exempts from disclosure as public record any campaign finance
data filed in electronic system provided by Secretary of State
but not required by election laws to be made available to public.
Directs candidates and political committees, during week before
primary and general elections, to file electronic statement of
contributions received or expenditures made not later than two
calendar days after contribution is received or expenditure is
made.
Requires treasurers of statewide initiative or referendum
petitions and treasurers of recall petitions for state offices to
file statements of contributions received and expenditures made
using electronic filing system adopted by Secretary of State.
Directs treasurers of statewide initiative petitions, during
period beginning 42 days before deadline for submitting
signatures for verification, to file statement not later than
seven calendar days after contribution is received or expenditure
is made. During other periods, requires filing of statement not
later than 30 days after contribution is received or expenditure
is made.
Directs treasurers of statewide referendum petitions and recall
petitions for state office to file statements not later than
seven calendar days after contribution is received or expenditure
is made.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
260.045, 260.057, 260.118 and 260.215; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 260.057 is amended to read:
260.057. (1) The Secretary of State by rule shall adopt an
electronic filing system to be used by { + :
(a) + } 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 { + ; and
(b) Treasurers appointed by the chief petitioners of statewide
initiative or referendum petitions or recall petitions for state
offices under ORS 260.118 to file with the secretary statements
of contributions received and expenditures made by the treasurers
and chief petitioners + }.
(2)(a) A candidate for nomination or election at any primary or
general election or a political committee supporting or opposing
a candidate or measure at any primary or general election shall
file a statement described in subsection (1) of this section not
later than seven calendar days after a contribution is received
or an expenditure is made. This paragraph applies to
contributions received and expenditures made during the period
beginning on the 42nd calendar day before the date of any primary
election and ending on the { + eighth day before the + } date of
the primary election and the period beginning on the 42nd
calendar day before the date of any general election and ending
on the { + eighth day before the + }date of the general
election.
{ + (b) A candidate for nomination or election at any primary
or general election or a political committee supporting or
opposing a candidate or measure at any primary or general
election shall file a statement described in subsection (1) of
this section not later than two calendar days after a
contribution is received or an expenditure is made. This
paragraph applies to contributions received and expenditures made
during the period beginning on the seventh calendar day before
the date of any primary election and ending on the date of the
primary election and the period beginning on the seventh calendar
day before the date of any general election and ending on the
date of the general election. + }
{ - (b) - } { + (c) + } For any special election, the
secretary by rule may establish a period during which a candidate
for nomination or election at the special election or a political
committee supporting or opposing a candidate or measure at the
special election must file a statement described in subsection
(1) of this section not later than seven calendar days after a
contribution is received or an expenditure is made.
(3) Except as provided in subsection (4) of this section,
during a period not described in subsection (2) of this section,
a candidate or political committee shall file a statement
described in subsection (1) of this section not later than 30
calendar days after a contribution is received or an expenditure
is made.
(4)(a) If a candidate for nomination or election at any primary
election or a political committee supporting or opposing a
candidate or measure at any primary election receives a
contribution or makes an expenditure prior to { + :
(A) + } The 42nd calendar day before the date of the primary
election and the candidate or political committee has not filed a
statement of the contribution or expenditure under subsection (3)
of this section by the 43rd calendar day before the date of the
primary election, the candidate or political committee shall file
a statement described in subsection (1) of this section not later
than the 35th calendar day before the date of the primary
election { + ; or
(B) The seventh calendar day before the date of the primary
election and the candidate or political committee has not filed a
statement of the contribution or expenditure under subsection (3)
of this section by the eighth calendar day before the date of the
primary election, the candidate or political committee shall file
a statement described in subsection (1) of this section not later
than the fifth calendar day before the date of the primary
election + }.
(b) If a candidate for nomination or election at any general
election or a political committee supporting or opposing a
candidate or measure at any general election receives a
contribution or makes an expenditure prior to { + :
(A) + } The 42nd calendar day before the date of the general
election and the candidate or political committee has not filed a
statement of the contribution or expenditure under subsection (3)
of this section by the 43rd calendar day before the date of the
general election, the candidate or political committee shall file
a statement described in subsection (1) of this section not later
than the 35th calendar day before the date of the general
election { + ; or
(B) The seventh calendar day before the date of the general
election and the candidate or political committee has not filed a
statement of the contribution or expenditure under subsection (3)
of this section by the eighth calendar day before the date of the
general election, the candidate or political committee shall file
a statement described in subsection (1) of this section not later
than the fifth calendar day before the date of the general
election + }.
(5) 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.
(6) { + (a) Except as provided in paragraph (b) of this
subsection, + } 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,
260.102 or 260.118 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.
{ + (b) The secretary may not make data that is filed
electronically under this section or ORS 260.118 and not required
to be listed under ORS 260.083 available to the public under this
section. The secretary may not disclose under ORS 192.410 to
192.505 any data that is filed electronically under this section
or ORS 260.118 and not required to be listed under ORS
260.083. + }
(7) 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.
(8) Subsections (1) to (7) of this section do not apply to:
(a) Candidates for federal office;
(b) Candidates who are not required to file a statement of
organization under ORS 260.043; or
(c) Candidates or political committees who file certificates
under ORS 260.112.
SECTION 2. ORS 260.118, as amended by section 37, chapter 809,
Oregon Laws 2005, 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) - } { + (2) The treasurer shall + } file a
statement of organization with the appropriate filing officer.
{ + The treasurer shall file the statement 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. + } The statement shall
include:
{ - (A) - } { + (a) + } The name and address of the chief
petitioners.
{ - (B) - } { + (b) + } The name and address of the
treasurer appointed under { - paragraph (a) of this - }
subsection { + (1) of this section + }.
{ - (C) - } { + (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.
{ - (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. - }
(3) { - Any - } { + If there is a + } change in the
information submitted in a statement of organization under
subsection { - (1) - } { + (2) + } of this section { + , the
treasurer + }shall { - be indicated in - } { + file + } 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, the treasurer
appointed under subsection (1) of this section shall file with
the Secretary of State a statement described in subsection (7) 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. - }
{ - (c) A statement of contributions received and
expenditures made filed not later than the 12th day before the
date of the primary election. 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 the 16th day before the date
of the primary election. - }
{ - (5) 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 (7) 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. - }
{ + (4) The treasurer of a statewide initiative or referendum
petition or a recall petition for a state office shall use the
electronic filing system adopted under ORS 260.057 to file with
the Secretary of State statements of contributions received and
expenditures made by the treasurer, as described in ORS 260.083.
(5) The treasurer of a statewide initiative petition shall file
a statement described in subsection (4) of this section not later
than seven calendar days after a contribution is received or an
expenditure is made. This subsection applies to contributions
received and expenditures made during the period beginning on the
42nd calendar day before the deadline for submitting signatures
for verification and ending on the deadline for submitting
signatures for verification.
(6) The treasurer of a statewide referendum petition or a
recall petition for a state office shall file a statement
described in subsection (4) of this section not later than seven
calendar days after a contribution is received or an expenditure
is made. This subsection applies:
(a) For a statewide referendum petition, to contributions
received and expenditures made during the period beginning on the
date the treasurer is appointed under subsection (1) of this
section and ending on the deadline for submitting signatures for
verification; and
(b) For a recall petition for a state office, to contributions
received and expenditures made during the period beginning on the
day after the date on which the statement of contributions
received and expenditures made required under ORS 249.865 is
filed and ending on the deadline for submitting signatures for
verification.
(7) Except as provided in subsection (8) of this section,
during a period not described in subsection (5) or (6) of this
section, a treasurer of a statewide initiative or referendum
petition or of a recall petition for a state office shall file a
statement described in subsection (4) of this section not later
than 30 calendar days after a contribution is received or an
expenditure is made.
(8) If a treasurer of a statewide initiative petition receives
a contribution or makes an expenditure prior to the 42nd calendar
day before the deadline for submitting signatures for
verification and the treasurer has not filed a statement of the
contribution or expenditure under subsection (4) of this section
by the 43rd calendar day before the deadline for submitting
signatures for verification, the treasurer shall file a statement
described in subsection (4) of this section not later than the
35th calendar day before the deadline for submitting signatures
for verification. + }
{ - (6) - } { + (9) + } 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 { - (7) - } { + (11) + } of this section.
{ + (10) Not later than the 15th day after the last day for
filing a recall petition for other than state office 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 (11) of
this section. The statement required under this subsection shall
be filed whether or not the petition was completed or filed. + }
{ - (7) - } { + (11) + } The statement { - referred to in
subsections (4) to (6) - } { + required by subsection (9) or
(10) + } 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.
{ - (8)(a) For a statewide initiative petition, the
accounting period for the statement required by subsection (5) 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 (5) 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 (5) 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. - }
{ + (12)(a) For a statewide initiative petition, the
accounting period for the first statement filed under this
section begins on the date the treasurer is appointed under
subsection (1) of this section. + }
{ - (d) - } { + (b) + }For an initiative or referendum
petition that is not statewide, the accounting period for the
statement required by subsection { - (6) - } { + (9) + } of
this section begins on the date the prospective petition is filed
and ends on the date that signatures are submitted for
verification.
{ + (c) For a recall petition for other than state office,
the accounting period for the statement required by subsection
(10) 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. + }
{ - (9)(a) If a statement filed under subsection (5) 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, 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 260.057. - }
{ - (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. - }
{ - (10) - } { + (13) + } Each statement required under
{ - subsections (4) to (6) of - } this section shall be signed
and certified as true by the chief petitioner or treasurer
required to file it. { + Signatures shall be supplied in the
manner specified by the secretary by rule. + }
{ - (11) - } { + (14) + } 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 3. ORS 260.045, as amended by section 29a, chapter 809,
Oregon Laws 2005, is amended to read:
260.045. (1) If a candidate or treasurer receives a
contribution of more than $100 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 $100 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 calendar year { - or the period described in ORS
260.118 (4) or (8) - } 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 260.057 or 260.118 { - (4) or
(8) - } , 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 4. ORS 260.215, as amended by section 39a, chapter 809,
Oregon Laws 2005, is amended to read:
260.215. (1) For statements filed during each calendar year,
each filing officer shall examine each statement filed with the
filing officer under ORS 260.044 (1), 260.057, 260.083,
260.102 { + , + }
{ - or - } 260.112 { + or 260.118 (4) + } to determine
whether the statement is sufficient. The filing officer shall
examine statements under this section not later than 90 days
after the end of each calendar quarter for statements filed
during the previous calendar quarter.
(2) Not later than the third month after the date a statement
is filed under ORS 260.118 { + (9) or (10) + }, 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 filing officer
shall advise the person of the penalty for failure to answer.
(4)(a) For statements filed during each calendar year, in
addition to the requirements of ORS 260.205 and this section, the
Secretary of State shall review statements filed with the
secretary under ORS 260.057 by the principal campaign committees
of all candidates for nomination or election to state office. For
each review, the secretary shall require a candidate or treasurer
of a political committee to provide documentation of not more
than eight transactions.
(b) The secretary shall review statements under this subsection
on a quarterly basis.
(c) As used in this subsection, 'state office' does not include
the office of judge or district attorney.
SECTION 5. { + (1) The amendments to ORS 260.057 (2) and (4)
by section 1 of this 2007 Act apply to contributions received and
expenditures made on or after January 1, 2008.
(2) The amendments to ORS 260.057 (6) by section 1 of this 2007
Act apply to data filed electronically prior to, on or after
January 1, 2008.
(3) The amendments to ORS 260.045, 260.118 and 260.215 by
sections 2, 3 and 4 of this 2007 Act apply to initiative and
referendum petitions and any recall petitions for which a
prospective petition is filed prior to, on or after January 1,
2008. + }
SECTION 6. { + (1) Except as provided in subsections (2) and
(3) of this section, a treasurer or chief petitioner of an
initiative, referendum or recall petition shall file a first
statement of contributions received and expenditures made under
ORS 260.057 and 260.118, as amended by sections 1 and 2 of this
2007 Act, for contributions received and expenditures made on or
after January 1, 2008.
(2) The first statement of contributions received and
expenditures made filed by a treasurer or chief petitioner of an
initiative, referendum or recall petition under ORS 260.057 and
260.118, as amended by sections 1 and 2 of this 2007 Act, on or
after January 1, 2008, shall include any contributions received
or expenditures made by the treasurer or chief petitioner prior
to January 1, 2008, that were not included on a statement filed
with a filing officer prior to January 1, 2008.
(3) If the last statement of contributions and expenditures
filed by a treasurer or chief petitioner of an initiative,
referendum or recall petition prior to January 1, 2008, shows an
unexpended balance of contributions or an expenditure deficit,
the first statement of contributions received and expenditures
made required under ORS 260.057 and 260.118, as amended by
sections 1 and 2 of this 2007 Act, shall list a beginning balance
in an amount equal to the amount of the unexpended balance of
contributions or the amount of the expenditure deficit. + }
SECTION 7. { + The Secretary of State, a county clerk or other
elections officer may take any action before January 1, 2008,
that is necessary to enable the secretary, clerk or elections
officer to exercise, on and after January 1, 2008, all the
duties, functions and powers conferred upon the secretary, clerk
or elections officer by ORS 260.045, 260.057, 260.118 and 260.215
as amended by sections 1 to 4 of this 2007 Act. + }
SECTION 8. { + The amendments to ORS 260.045, 260.057, 260.118
and 260.215 by sections 1 to 4 of this 2007 Act become operative
on January 1, 2008. + }
SECTION 9. { + This 2007 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2007 Act takes effect on its
passage. + }
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