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 942
(Including Amendments to Resolve Conflicts)
B-Engrossed
Senate Bill 78
Ordered by the House June 1
Including Senate Amendments dated May 7 and House Amendments
dated
June 1
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.
Allows candidate or candidate's treasurer to designate person
to sign statements of contributions and expenditures. Specifies
that default or violation by designee is default or violation by
candidate or treasurer.
{ - Allows - } { + Requires + } treasurer of campaign
committee to designate person to receive certain notices provided
by filing officers. Requires filing officer who provides notices
to treasurer to also send notices to designee.
{ + Provides that person designated by candidate may sign
checks for political committee expenditures. + }
Establishes deadlines for legislators to file statements of
contributions received during legislative session.
Allows Secretary of State to charge fee for delivery of
statewide list of electors.
A BILL FOR AN ACT
Relating to elections; creating new provisions; and amending ORS
246.021, 247.945, 260.037, 260.039, 260.042, 260.054, 260.057
and 260.076.
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 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)(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 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 date of the general election.
(b) 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 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.
(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 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.
(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) 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.
(7) { + (a) Except as provided in paragraph (b) of this
subsection, + } 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.
{ + (b) A candidate or treasurer may designate a person to
sign and certify as true a statement required by this section.
The designation must be filed in writing with the secretary and
must be renewed for each two-year period beginning January 1 of
an even-numbered year. + }
(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 260.037 is amended to read:
260.037. { + (1) + } A candidate may serve as the candidate's
own treasurer or may appoint and certify to the filing officer
the name and address of a treasurer.
{ + (2) + } A candidate's treasurer shall perform all the
duties prescribed for the candidate under ORS 260.005 and 260.035
to 260.159.
{ + (3) + } The candidate, in addition to the treasurer,
{ - shall be - } { + is + } personally responsible for the
performance of { - such duties and - } { + the duties referred
to in subsection (2) of this section. + } Any default or
violation by the treasurer shall be conclusively considered a
default or violation by the candidate. { + Any default or
violation by the person designated by the candidate or treasurer
under ORS 260.039, 260.042 or 260.057 is conclusively considered
a default or violation by the candidate or treasurer. + }
SECTION 3. 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 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;
(b) 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.
(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; and
(c) The name of the financial institution in which the campaign
account required under ORS 260.054 is established, the name and
number of the account, the name of the account holder and the
names of all persons who have signature authority for the
account. The Secretary of State may not disclose information
received by the secretary under this paragraph except as
necessary for purposes of enforcing the provisions of ORS
chapters 246 to 260.
{ + (2) A candidate or treasurer may designate a person to
receive any notice provided by a filing officer under ORS
chapters 246 to 260. The candidate or treasurer shall include the
name and address of the person in the statement of organization
filed under this section. A filing officer who provides any
notice under ORS chapters 246 to 260 to the candidate or
treasurer shall also provide the notice to the person designated
by the candidate or treasurer under this subsection. + }
{ - (2) - } { + (3) + } 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) - } { + (4) + } 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) - } { + (5) + } 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) - } { + (6) + } 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 a candidate
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 4. ORS 260.042 is amended to read:
260.042. (1) The treasurer of a political committee shall file
a statement of organization with the 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.
(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) 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.
(f) A designation of any measure that the committee is opposing
or supporting, or intends to support or oppose.
(g) The name of the financial institution in which the campaign
account required under ORS 260.054 is established, the name and
number of the account, the name of the account holder and the
names of all persons who have signature authority for the
account. The Secretary of State may not disclose information
received by the secretary under this paragraph except as
necessary for purposes of enforcing the provisions of ORS
chapters 246 to 260.
(h) A statement of whether the committee is a controlled
committee.
{ + (2) A treasurer shall designate a person to receive any
notice provided by a filing officer under ORS chapters 246 to
260. The treasurer shall include the name and address of the
person in a statement of organization filed under this section. A
filing officer who provides any notice under ORS chapters 246 to
260 to the treasurer of the political committee shall also
provide the notice to the person designated by the treasurer
under this subsection. + }
{ - (2) - } { + (3) + } The statement of organization shall
be filed not later than the date specified in ORS 260.035.
{ - (3) - } { + (4) + } 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) - } { + (5) + } 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 5. ORS 246.021, as amended by section 46, chapter 809,
Oregon Laws 2005, 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) If, at 5 p.m. of the day an election document is due, an
individual is physically present in the office of the secretary,
county clerk or other filing officer and in line waiting to
deliver the document, the individual is considered to have begun
the act of delivering the document and 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
electronically under ORS 260.057:
(a) The statement must be received electronically at the office
of the Secretary of State not later than { - 5 p.m. - }
{ + 12 midnight + } 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 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 6. ORS 260.076, as amended by section 32a, chapter 809,
Oregon Laws 2005, is amended to read:
260.076. (1) A legislative official, statewide official or
candidate therefor, or the official's or candidate's principal
campaign committee, shall file statements showing contributions
received by or on behalf of the official, candidate or committee
during the period beginning January 1 immediately preceding a
regular biennial session of the Legislative Assembly and ending
upon adjournment of the regular biennial session of the
Legislative Assembly, or during any special session of the
Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor,
or the principal campaign committee of the Governor,
Governor-elect or candidate, shall file statements showing
contributions received by or on behalf of the Governor,
Governor-elect, candidate or committee during the period
beginning January 1 immediately preceding a regular biennial
session of the Legislative Assembly and ending 30 business days
following adjournment of the regular biennial session of the
Legislative Assembly, or during any special session of the
Legislative Assembly.
(3) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official or the Governor,
Governor-elect or candidate for Governor shall file statements
showing contributions received by the person or committee on
behalf of a legislative official, statewide official or candidate
therefor, during the period beginning January 1 immediately
preceding a regular biennial session of the Legislative Assembly
and ending upon adjournment of the regular biennial session of
the Legislative Assembly, or during any special session of the
Legislative Assembly.
(4) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official or the Governor,
Governor-elect or candidate for Governor shall file statements
showing contributions received by the person or committee on
behalf of the Governor, Governor-elect or candidate for Governor,
during the period beginning January 1 immediately preceding a
regular biennial session of the Legislative Assembly and ending
30 business days following adjournment of the regular biennial
session of the Legislative Assembly, or during any special
session of the Legislative Assembly.
(5) A statement described in subsections (1) to (4) of this
section shall be filed with the Secretary of State { - not
later than two business days after the date a contribution is
received. A statement shall be filed on a form prescribed by the
Secretary of State - } { + on a form prescribed by the
secretary. For contributions received during the period beginning
on January 1 immediately preceding a regular biennial session of
the Legislative Assembly and ending on the first day of the
regular biennial session, a statement shall be filed not later
than two business days after the first day of the regular
biennial session. For contributions received on or after the
first day of the regular biennial session, a statement shall be
filed not later than two business days after the date a
contribution is received + }.
(6) If a statement has been filed under subsections (1) to (4)
of this section, the next statement filed by the Governor,
Governor-elect, official, candidate, principal campaign committee
or other political committee under ORS 260.057 shall include the
contributions reported in statements filed under this section.
(7) This section applies notwithstanding the filing of a
certificate under ORS 260.112.
(8) As used in this section:
(a) 'Legislative official' means any member or member-elect of
the Legislative Assembly.
(b) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
SECTION 7. ORS 247.945 is amended to read:
247.945. (1) The county clerk, upon request before the 45th day
before a primary, general or special election, shall deliver to
any person a list of electors. The lists shall be prepared in the
manner requested, limited only to the capabilities of the
Secretary of State or the county clerk.
(2) The county clerk shall collect and pay into the county
treasury a charge for the actual cost of supplying lists under
subsection (1) of this section.
(3) The county clerk shall keep a record of all persons to whom
a list of electors is delivered under this section.
{ + (4) Upon request, the Secretary of State shall deliver to
any person a statewide list of electors. The secretary shall
charge a fee of $500 for delivering a list under this
subsection. + }
SECTION 7a. { + If House Bill 2131 becomes law, section 7 of
this 2007 Act (amending ORS 247.945) is repealed and ORS 247.945,
as amended by section 17, chapter ___, Oregon Laws 2007 (Enrolled
House Bill 2131), is amended to read: + }
247.945. (1) The county clerk, upon request before the 45th day
before a primary, general or special election, shall deliver to
any person a list of electors. The list may not contain any
information about participants in the Address Confidentiality
Program established under ORS 192.820 to 192.868. The lists shall
be prepared in the manner requested, limited only to the
capabilities of the Secretary of State or the county clerk.
(2) The county clerk shall collect and pay into the county
treasury a charge for the actual cost of supplying lists under
subsection (1) of this section.
(3) The county clerk shall keep a record of all persons to whom
a list of electors is delivered under this section.
{ + (4) Upon request, the Secretary of State shall deliver to
any person a statewide list of electors. The secretary shall
charge a fee of $500 for delivering a list under this subsection.
The list may not contain any information about participants in
the Address Confidentiality Program established under ORS 192.820
to 192.868. + }
SECTION 8. ORS 260.054 is amended to read:
260.054. (1) Each political committee shall establish a single
exclusive campaign account in a financial institution, as defined
in ORS 706.008. The financial institution must be located in this
state and must ordinarily conduct business with the general
public in this state.
(2) A political committee shall maintain the campaign account
in the financial institution in the name of the political
committee. For purposes of this subsection, acronyms may not be
used in the name of the political committee.
(3) Except as provided in subsection (4) of this section, all
expenditures made by the political committee shall be drawn from
the campaign account and:
(a) Issued on a check signed by the candidate on whose behalf
the account is established { + , + } { - or - } by the
treasurer of the political committee { + or by an individual
designated by the candidate + }; or
(b) Paid using a debit card or other form of electronic
transaction.
(4) Subsection (3) of this section does not prohibit a person
from making a cash or other expenditure on behalf of the
political committee and receiving reimbursement from the campaign
account.
(5) A contribution received by a candidate or the treasurer of
a political committee, directly or indirectly, shall be deposited
into the campaign account not later than seven calendar days
after the date the contribution is received. This subsection does
not apply to in-kind contributions received by a candidate or
political committee.
(6) This section does not prohibit the transfer of any amount
deposited in the campaign account into a certificate of deposit,
stock fund or other investment instrument.
(7) The campaign account may not include any private moneys,
other than contributions received by the political committee.
(8) A political committee shall retain a copy of each financial
institution account statement from the campaign account described
in this section for not less than two years after the date the
statement is issued by the financial institution.
(9) Subsections (1) to (8) of this section do not apply to
candidates described in ORS 260.043.
SECTION 9. { + (1) The amendments to ORS 260.039 and 260.042
by sections 3 and 4 of this 2007 Act apply to principal campaign
committees and political committees for which a statement of
organization is filed prior to, on or after the effective date of
this 2007 Act.
(2) A political committee for which a statement of organization
was filed under ORS 260.042 prior to the effective date of this
2007 Act and whose filing remains active on the effective date of
this 2007 Act shall amend the statement of organization to
contain the information required under ORS 260.042 not later than
January 31, 2008.
(3) The amendments to ORS 247.945 by section 7 or 7a of this
2007 Act apply to requests made on or after the effective date of
this 2007 Act.
(4) The amendments to ORS 260.054 by section 8 of this 2007 Act
apply to checks signed on or after the effective date of this
2007 Act. + }
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