Chapter 41 Oregon Laws 2008 Special Session
AN ACT
SB 1071
Relating to campaign finance reporting; creating new provisions;
amending ORS 246.021, 260.057 and 260.085; and declaring an emergency.
Be It Enacted by the People of
the State of
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 initiative, referendum or recall petitions 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 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)(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. When the
secretary makes data or information available on the Internet under this
subsection, the secretary shall display any contribution received from a person
or political committee with an out-of-state address in a different colored font
than a contribution received from a person or political committee with an
in-state address.
(b) The secretary may
not make data that are filed electronically under this section or ORS 260.118
available to the public under this section, unless the data are required to be
listed under ORS 260.083. The secretary may not disclose under ORS 192.410 to
192.505 any data that are filed electronically under this section or ORS
260.118, unless the data are required to be listed under ORS 260.083.
(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 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) 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 [12 midnight] 11:59 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 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 3. (1)
Not later than April 1, 2008, a treasurer appointed by the chief petitioners of
an initiative, referendum or recall petition shall file a statement under ORS
260.057 and 260.118 of 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.
(2) Subsection (1) of
this section does not apply if the treasurer has filed a statement under ORS
260.057 and 260.118 prior to April 1, 2008, that includes all contributions
received and 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.
SECTION 4.
ORS 260.085 is amended to read:
260.085. (1) An account
required by ORS 260.055 and a statement required by ORS 260.083 to list the
occupation of a contributor must list the occupation of the contributor in the
account and on the first statement filed under ORS 260.057 or 260.076 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 260.057 or
260.076 after the contribution is received, the candidate or political
committee shall file with the account and with the statement filed under ORS
260.057 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 calendar days after receiving the contribution. A
written request under this subsection may be sent by electronic mail.
(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 calendar days after
receiving the information, shall include the contributor’s occupation in the
account kept under ORS 260.055 and in the contributor’s entry filed under ORS
260.057.
SECTION 5. The
amendments to ORS 260.085 by section 4 of this 2008 Act apply to written
requests made on or after the effective date of this 2008 Act.
SECTION 6. The
amendments to ORS 260.057 by section 1 of this 2008 Act apply to contributions
received on or after January 1, 2009.
SECTION 7. This
2008 Act being necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this 2008 Act takes
effect on its passage.
Approved by the Governor March 11, 2008
Filed in the office of Secretary of State March 11, 2008
Effective date March 11, 2008
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