75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3421
A-Engrossed
Senate Bill 783
Ordered by the Senate June 11
Including Senate Amendments dated June 11
Sponsored by COMMITTEE ON RULES
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.
Defines 'petition committee' as chief petitioner or treasurer
of initiative, referendum or recall petition who files statement
of organization with Secretary of State.
Requires treasurer of petition committee to establish single
exclusive petition account in financial institution. Directs
petition committee to make all expenditures, with specified
exceptions, through petition account. Directs treasurer to
deposit all contributions in petition account. Prohibits deposit
of other moneys in petition account. Requires chief petitioner or
treasurer to maintain petition account in name of petition
committee. Requires treasurer to specify location and name of
petition account in statement of organization. Directs existing
petition committee to establish petition account and amend
statement of organization not later than January 1, 2010.
Allows treasurer of petition committee who expects neither
contributions nor expenditures to be received or made by chief
petitioner or treasurer to exceed $2,000 to file certificate with
Secretary of State.
Limits use of contributions received by political committee
that is not principal campaign committee and by petition
committee.
{ + Modifies certain procedures, including notice procedures,
related to filing statements of organization. Deletes reporting
requirement for expenditures relating to use of agents to obtain
signatures on initiative, referendum or recall petition.
Changes maximum penalty for failure to file statement or
failure to include certain information in statement from $10,000
to 10 percent of total amount of contribution or expenditure
required to be included in statement. + }
Becomes operative on January 1, 2010.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to campaign finance; creating new provisions; amending
ORS 249.865, 260.005, 260.039, 260.041, 260.042, 260.043,
260.044, 260.054, 260.055, 260.056, 260.057, 260.076, 260.083,
260.085, 260.112, 260.118, 260.200, 260.205, 260.215, 260.225,
260.232, 260.255, 260.345, 260.402, 260.407, 260.737 and
260.995; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 260.005 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) - } { + (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) - } { + (A) + } 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) - } { + (B) + } To or on behalf of a candidate,
political committee or measure; { - and - }
{ - (B) - } { + (b) + } Any unfulfilled pledge,
subscription, agreement or promise, whether or not legally
enforceable, to make a contribution { + ; and + } { - . - }
{ - (b) - } { + (c) + } { - Regarding - } { + The
excess value of + } 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) - } { + (a) + } Is controlled directly or
indirectly by a candidate or a controlled committee; or
{ - (B) - } { + (b) + } Acts jointly with a candidate or
controlled committee.
{ - (b) For purposes of this subsection, a candidate controls
a political committee if: - }
{ + (5) 'Controlled directly or indirectly by a candidate '
means: + }
{ - (A) - } { + (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) - } { + (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.
{ - (5) - } { + (6) + } 'County clerk' means the county
clerk or the county official in charge of elections.
{ - (6) - } { + (7) + } 'Elector' means an individual
qualified to vote under section 2, Article II of the Oregon
Constitution.
{ - (7) - } { + (8) + } 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.
{ - (8) - } { + (9) + } 'Filing officer' means:
(a) The Secretary of State:
(A) Regarding a candidate for public office;
(B) Regarding a statement required to be filed under ORS
260.118;
(C) Regarding any measure; or
(D) Regarding any political committee.
(b) { - Notwithstanding paragraph (a) of this subsection, - }
In the case of an irrigation district formed under ORS chapter
545 { + , ' filing officer' means + }:
(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.
{ - (9) - } { + (10) + } 'Independent expenditure' means an
expenditure by a person for a communication in support of or in
opposition to a clearly identified candidate or measure 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,
or any political committee or agent of a political committee
supporting or opposing a measure. For purposes of this
subsection:
{ - (a) A communication is 'in support of or in opposition to
' a candidate or measure if: - }
{ - (A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly
identified candidate for nomination or election to public office,
or the passage or defeat of a clearly identified measure; - }
{ - (B) The communication, as a whole, seeks action rather
than simply conveying information; and - }
{ - (C) It is clear what action the communication
advocates. - }
{ - (b) - } { + (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 on behalf of a political committee
supporting or opposing a measure; 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.
{ - (c) - } { + (b)(A) + } 'Clearly identified' means, with
respect to candidates:
{ - (A) - } { + (i) + } The name of the candidate involved
appears;
{ - (B) - } { + (ii) + } A photograph or drawing of the
candidate appears; or
{ - (C) - } { + (iii) + } The identity of the candidate is
apparent by unambiguous reference.
{ - (d) - } { + (B) + } 'Clearly identified' means, with
respect to measures:
{ - (A) - } { + (i) + } The ballot number of the measure
appears;
{ - (B) - } { + (ii) + } A description of the measure's
subject or effect appears; or
{ - (C) - } { + (iii) + } The identity of the measure is
apparent by unambiguous reference.
{ + (c) 'Communication in support of or in opposition to a
clearly identified candidate or measure' means:
(A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly
identified candidate for nomination or election to public office,
or the passage or defeat of a clearly identified measure;
(B) The communication, as a whole, seeks action rather than
simply conveying information; and
(C) It is clear what action the communication advocates. + }
{ - (e) - } { + (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, or any political committee or agent
of a political committee supporting or opposing a measure':
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent, or by any political committee
or agent of a political committee supporting or opposing a
measure, 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 plans, projects or needs of
the candidate, or of the political committee supporting or
opposing a measure, and provided to the expending person by the
candidate or by the candidate's agent, or by any political
committee or agent of a political committee supporting or
opposing a measure, 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
by a political committee or agent of a political committee
supporting or opposing a measure, or who is or has been receiving
any form of compensation or reimbursement from the candidate, the
candidate's principal campaign committee or agent or from any
political committee or agent of a political committee supporting
or opposing a measure { + . + } { - ; and - }
(B) Does not { - include - } { + mean + } 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.
{ - (10) - } { + (11) + } 'Initiative petition' means a
petition to initiate a measure for which a prospective petition
has been filed but that is not yet a measure.
{ - (11) - } { + (12) + } 'Judge' means judge of the
Supreme Court, Court of Appeals, circuit court or the Oregon Tax
Court.
{ - (12) - } { + (13) + } '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.
{ - (13) - } { + (14) + } '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.
{ - (14) - } { + (15) + } 'Occupation' means:
(a) The nature of an individual's principal business; and
(b) If the individual is employed by another person, the
business name and address, by city and state, of the employer.
{ - (15) - } { + (16) + } '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.
{ + (17) 'Petition committee' means an initiative, referendum
or recall petition committee organized under ORS 260.118. + }
{ - (16)(a) - } { + (18) + } 'Political committee' means a
combination of two or more individuals, or a person other than an
individual, that has:
{ - (A) - } { + (a) + } Received a contribution for the
purpose of supporting or opposing a candidate, measure or
political party; or
{ - (B) - } { + (b) + } Made an expenditure for the purpose
of supporting or opposing a candidate, measure or political
party.
{ - (b) - } For purposes of { + this + } 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 260.057, 260.076 or 260.102 or a certificate filed under ORS
260.112; or
(B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044 { - (1) - }
.
{ - (17) - } { + (19) + } 'Public office' means any
national, state, county, district, city office or position,
except a political party office, that is filled by the electors.
{ - (18) - } { + (20) + } '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.
{ - (19) - } { + (21) + } 'Referendum petition' means a
petition to refer a measure for which a prospective petition has
been filed but that is not yet a measure.
{ - (20) - } { + (22) + } 'Regular district election' means
the regular district election described in ORS 255.335.
{ - (21) - } { + (23) + } 'Slate mailer' means a mass
mailing that supports or opposes a total of three or more
candidates or measures.
{ - (22)(a) - } { + (24)(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.
{ - (23) - } { + (25) + } '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 2. 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 - } { + individuals + } 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 - }
{ + an individual + } 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 - } { + individual + } 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 - } { + individual + } designated by the candidate
or treasurer under this subsection.
(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.
(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.
(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.
(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 3. ORS 260.041 is amended to read:
260.041. (1) Notwithstanding ORS 260.005 { - (16) - }
{ + (18) + }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 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 - } { + individuals + } 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 - } { + may + } designate { - a
person - } { + an individual + } 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 - } { +
individual + } 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 - } { + individual + } designated by the treasurer
under this subsection.
(3) The statement of organization shall be filed not later than
the date specified in ORS 260.035.
(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.
(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 260.043 is amended to read:
260.043. (1) A candidate 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 - } { + $350 + }
in total amount during a calendar year is not required to:
(a) File a statement of organization under ORS 260.039;
(b) Establish a single exclusive campaign account under ORS
260.054; or
(c) File statements under ORS 260.057.
(2) A candidate described in subsection (1) of this section
must keep contribution and expenditure records 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 calendar year either the aggregate contributions
or aggregate expenditures exceed { - $300 - } { + $350 + },
the candidate shall do all of the following:
(a) File a statement of organization under ORS 260.039.
(b) Establish a single exclusive campaign account as required
under ORS 260.054.
(c) File a statement under ORS 260.057 showing all
contributions received and expenditures made. The statement shall
be filed not later than seven calendar days after aggregate
contributions or aggregate expenditures exceed { - $300 - }
{ + $350 + } during a calendar year.
(d) If necessary, file additional statements under ORS 260.057.
(4) This section does not apply to candidates for federal
office.
SECTION 6. ORS 260.044 is amended to read:
260.044. (1) A person shall file a statement of independent
expenditures if the person makes independent expenditures in a
total amount of more than $100 in a calendar year. The statement
shall be filed with the Secretary of State.
(2) A statement described in subsection (1) of this section
shall be filed not later than seven calendar days after the total
amount of independent expenditures exceeds $100 in a calendar
year. The accounting period for the statement required by
subsection (1) of this section begins on the date that an
independent expenditure is made. The statement shall specify the
candidate or measure supported or opposed by the independent
expenditure. The secretary by rule shall prescribe the form of
the statement.
(3) Notwithstanding ORS 260.005 { - (16) - } { + (18) + },
a person who solicits and receives a contribution or
contributions is a political committee and shall file a statement
of organization under ORS 260.042 and the statements required by
ORS 260.057 or 260.076.
(4) For purposes of this section:
(a) An independent 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 260.057, 260.076
or 260.102 or a certificate filed under ORS 260.112;
(b) An independent 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:
(A) Designated to an identified candidate or political
committee;
(B) Delivered by the person to the designated candidate or
political committee not later than seven business days after the
contribution is received; and
(C) Required to be reported as contributions by a candidate or
political committee on a statement filed under ORS 260.057,
260.076 or 260.102 or a certificate filed under ORS 260.112.
SECTION 7. ORS 260.054 is amended to read:
260.054. (1) Each political committee shall establish a single
exclusive campaign account { + and each petition committee
organized under ORS 260.118 shall establish a single exclusive
petition 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. { + A petition committee shall maintain the
petition account in the name of the petition 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
{ - , - } { + :
(a) + } All expenditures made by the political committee shall
be drawn from the campaign account and:
{ - (a) - } { + (A) + } Issued on a check signed by the
candidate on whose behalf the account is established, by the
treasurer of the political committee or by an individual
designated by the candidate { + or treasurer + }; or
{ - (b) - } { + (B) + } Paid using a debit card or other
form of electronic transaction.
{ + (b) All expenditures made by the petition committee shall
be drawn from the petition account and:
(A) Issued on a check signed by the chief petitioner or
treasurer of the petition committee or by an individual
designated by the chief petitioner or treasurer; 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 { + or petition committee + } and receiving
reimbursement from the campaign { + or petition + } 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. - }
{ + (5)(a) Not later than seven calendar days after the date
the contribution is received:
(A) A contribution received by a candidate or the treasurer of
a political committee, directly or indirectly, shall be deposited
into the campaign account.
(B) A contribution received by a chief petitioner or treasurer
of a petition committee, directly or indirectly, shall be
deposited into the petition account.
(b) + } This subsection does not apply to in-kind contributions
received by a candidate { + , + } { - or - } political
committee { + or petition committee + }.
(6) This section does not prohibit the transfer of any amount
deposited in { - the - } { + a + } campaign { + or
petition + } account into a certificate of deposit, stock fund or
other investment instrument.
(7) { - The - } { + A + } campaign { + or petition + }
account may not include any private moneys, other than
contributions received by the political committee { + or
petition committee + }.
(8) A political committee { + or petition committee + } shall
retain a copy of each financial institution account statement
from the campaign { + or petition + }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 - } { + does + } not apply to candidates described in
ORS 260.043.
{ + (10) 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 8. ORS 260.057, as amended by section 1, chapter 41,
Oregon Laws 2008, 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 - } { + of a
petition committee organized + }under ORS 260.118 to file with
the secretary statements of contributions received and
expenditures made by the treasurers and chief petitioners { + 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)(a) Except as provided in paragraph (b) of this subsection,
the secretary shall make all data filed electronically under this
section { + and ORS 260.118 + }and all information filed with
the secretary under ORS { - 260.044, - } 260.045, 260.049,
260.085 { - , - } { + or + } 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 - }
{ + an individual + } 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 - } { + does + } 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 - } { + or petition committees that + } file
certificates under ORS 260.112.
SECTION 9. ORS 260.076 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 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. { + For contributions received during
any special session of the Legislative Assembly, 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 10. ORS 260.083 is amended to read:
260.083. (1) A statement filed under ORS 260.057, 260.076 or
260.118 shall list:
(a) Except as provided in ORS 260.085, for a contribution:
(A) The name, occupation and address of each person, and the
name and address of each political committee { + or petition
committee + }, that contributed an aggregate amount of more than
$100 in a calendar year on behalf of a candidate or to a
political committee { + or petition committee + } and the total
amount contributed by that person or { - political - }
committee; and
(B) The total amount of other contributions as a single item,
but shall specify how those contributions were obtained.
(b) For an expenditure:
(A) The amount and purpose of each expenditure made in an
aggregate amount of more than $100 to a payee, the name or, if
applicable, the business name of the payee of the expenditure,
and the city, or county if the payee is not located in a city,
and state in which the payee is located; and
(B) The total amount of other expenditures as a single item.
(c) Each loan, whether repaid or not, made by or to the
candidate { + , + } { - or - } political committee { + or
petition 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;
(B) The name of the lender holding the loan; and
(C) The terms of the loan, including the interest rate and
repayment schedule.
(2) { + (a) + } { - If an expenditure in an amount exceeding
$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 shall be listed as an expenditure
and the unexpended portion of the deposit shall be listed as an
account receivable. - } { + A contribution shall be reported as
an account receivable only if the contribution is not received
within the time specified in ORS 260.057, 260.076 or 260.118.
(b) An expenditure shall be reported as an account payable only
if the expenditure is not paid within the time specified in ORS
260.057, 260.076 or 260.118. + }
(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 - } { + petition committee + } under ORS 260.057 or
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, political committee or { - chief
petitioner - } { + petition committee + } making the original
expenditure shall, in any statement filed under ORS 260.057 or
260.118, identify the expenditure as an in-kind contribution and
identify the candidate { + , + } { - or - } political
committee { + or petition committee + } for whose benefit the
expenditure was made.
{ - (5) 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) - } { + (5) + } If a political committee makes an
expenditure that qualifies as an independent expenditure under
ORS 260.005 { - (9) - } { + (10) + }, the listing of the
expenditure under this section shall identify any candidates or
measures that are the subject of the independent expenditure and
state whether the independent expenditure was used to advocate
the election, passage or defeat of the candidates or measures.
{ - (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 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) - } { + (6) + } As used in this section { + : + }
{ - , - }
{ + (a) + } 'Address' has the meaning given that term in
rules adopted by the Secretary of State.
{ + (b) 'Contribution' and 'expenditure' include a
contribution or expenditure to or on behalf of an initiative,
referendum or recall petition. + }
SECTION 11. ORS 260.112 is amended to read:
260.112. (1) { + (a) + } A candidate or a treasurer of a
political committee who expects neither the aggregate
contributions to be received nor the aggregate expenditures to be
made by or on behalf of the candidate or political committee to
exceed $2,000 in total amount during the calendar year shall file
a certificate to that effect with the Secretary of State. The
candidate or treasurer shall make the certificate according to
the best of the knowledge or belief of the candidate or
treasurer. A candidate or treasurer filing a certificate under
this section is not required to file statements under ORS
260.057.
{ + (b) A treasurer of a petition committee organized under
ORS 260.118 who expects neither the aggregate contributions to be
received nor the aggregate expenditures to be made by a chief
petitioner or the treasurer to exceed $2,000 in total amount
during the calendar year shall file a certificate to that effect
with the Secretary of State. The treasurer shall make the
certificate according to the best of the knowledge or belief of
the treasurer. A treasurer filing a certificate under this
section is not required to file statements under ORS 260.118.
(2) + } { - The - } { + A + } certificate { + described in
subsection (1) of this section + } shall be filed:
(a) By a candidate, not sooner than the date on which the
candidate files a declaration of candidacy or nominating
petition, accepts a nomination or is nominated to fill a vacancy
in a nomination or in a partisan elective office, and not later
than seven calendar days after the candidate receives a
contribution or makes an expenditure.
(b) By a treasurer of a political committee, not sooner than
the date that the political committee files a statement of
organization under ORS 260.042, and not later than seven calendar
days after the political committee receives a contribution or
makes an expenditure.
{ + (c) By a treasurer of a petition committee, not sooner
than the date that a chief petitioner or the treasurer files a
statement of organization under ORS 260.118, and not later than
seven calendar days after a chief petitioner or the treasurer
receives a contribution or makes an expenditure. + }
{ - (2) - } { + (3) + } A candidate { + , + } { - or - }
political committee { + or petition committee + } under this
section must keep contribution and expenditure records during the
calendar year.
{ - (3) - } { + (4) + } If at any time following the filing
of a certificate under { - subsection (1) of - } this section
and during the calendar year either the aggregate contributions
or aggregate expenditures exceed $2,000, the candidate or
treasurer shall do all of the following:
(a) File a statement under ORS 260.057 { + or 260.118 + }
within seven calendar days after either the aggregate
contributions or aggregate expenditures exceed $2,000. The
statement { - shall - } { + must + } reflect all
contributions received and expenditures made by or on behalf of
the candidate { + , + } { - or - } political committee { + or
petition committee + } to that date, beginning January 1 of the
calendar year.
(b) If necessary, file additional statements under ORS
260.057 { + or 260.118 + }.
{ - (4) - } { + (5) + } This section does not apply to a
candidate for federal office.
{ + (6) 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 12. ORS 260.118 is amended to read:
260.118. (1) The chief petitioners of an initiative, referendum
or recall petition shall appoint a treasurer. The treasurer shall
be an elector of this state. Contributions shall be received and
expenditures made by or through the treasurer.
(2) The treasurer { - or a chief petitioner - } shall file a
statement of organization { + of a petition committee + } with
the appropriate filing officer. The treasurer { - or a chief
petitioner - } shall file the statement not later than the third
business day after { - the chief petitioners receive - }
{ + a chief petitioner or the treasurer receives + } a
contribution or { - make - } { + makes + } an expenditure
relating to the initiative, referendum or recall petition. The
statement shall include:
(a) The name and address of the chief petitioners.
(b) The name and address of the treasurer appointed under
subsection (1) of this section.
(c) A designation of the initiative, referendum or recall
petition. The designation of the recall petition shall include
the name of the officer whose recall is demanded.
{ + (d) The name of the financial institution in which the
petition 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 individuals 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. + }
(3) If there is a change in the information submitted in a
statement of organization under subsection (2) of this section,
the treasurer { - or a chief petitioner - } shall file an
amended statement of organization not later than the 10th day
after the change in information.
(4) The treasurer of an initiative, referendum or recall
petition { + committee + } 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 - } { + petition committee + }, as
described in ORS 260.083.
(5) The treasurer of an initiative petition { + committee + }
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:
(a) During the period beginning on the 42nd calendar day before
the date that is four months before a general election and ending
on the date that is four months before a general election; and
(b) 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.
(6) The treasurer of a referendum petition { + committee + }
or a recall petition { + committee + } 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 referendum petition { + committee + }, 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 { + committee + }, 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 that is 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 an initiative, referendum or recall
petition { + committee + } 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 an initiative petition { + committee + }
receives a contribution or makes an expenditure prior to the 42nd
calendar day before the date that is four months before a general
election, or the 42nd day before the date of the primary election
or general election, 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 date that is four
months before a general election, or the 43rd day before the date
of the primary election or general election, the treasurer shall
file a statement described in subsection (4) of this section not
later than the 35th calendar day before the date that is four
months before a general election, or the 35th day before the date
of the primary election or general election.
(9) For an initiative petition { + committee + }, 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.
(10) Each statement required under this section shall be signed
and certified as true { - by a chief petitioner or - } by the
treasurer. Signatures shall be supplied in the manner specified
by the secretary by rule.
{ + (11) Subsections (4) to (10) of this section do not apply
to petition committees that file certificates under ORS
260.112. + }
{ - (11) - } { + (12) + } 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 13. ORS 260.215 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, 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) The filing officer 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.
(3)(a) For statements filed during each calendar year, in
addition to the requirements of { + this section and + } 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 - } { + a candidate,
political committee or petition committee + }. For each review,
the secretary shall require a candidate { + , + } { - or - }
treasurer of a political committee { + or treasurer of a
petition committee + } to provide documentation of not more than
{ - eight - } { + 10 + } transactions.
(b) { + The secretary by rule shall designate a method by
which the statements filed by a candidate or committee shall be
randomly selected for review under this subsection. + } The
secretary shall review statements under this subsection { - on
a quarterly basis - } { + twice in a calendar year + }.
{ - (c) As used in this subsection, 'state office' does not
include the office of judge or district attorney. - }
SECTION 14. ORS 260.225 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 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) - } , 260.057, 260.076, 260.083, 260.102, 260.112 or
260.118, 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 15. ORS 260.232 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) - } , 260.057, 260.076,
260.078, 260.083, 260.102, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS 260.057,
260.076, 260.078, 260.083, 260.102, 260.112 or 260.118 the
information required under ORS 260.057, 260.076, 260.083, 260.102
or 260.118.
(2) { + (a) + } If a person required to file has not filed a
statement or certificate complying with applicable provisions of
ORS 260.044
{ - (1) - } , 260.057, 260.076, 260.078, 260.083, 260.085,
260.102, 260.112 or 260.118 within the time specified in ORS
{ + 260.044, + } 260.057, 260.076, 260.078 or 260.118, 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.
{ + (b) + } 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 { + paragraph (a)
of + } 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 - } { + 45 + } 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 - } { + 60 + } 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. 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 may not be more
than { + the following + }:
(a) { - $10,000 - } For failure to file a statement or
certificate required to be filed under ORS 260.044 { - (1) - }
, 260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or
260.118 { + , 10 percent of the total amount of the contribution
or expenditure required to be included in the statement or
certificate + }; or
(b) { - $10,000 - } For each failure to include in a
statement filed under ORS 260.057, 260.076, 260.078, 260.083,
260.102, 260.112 or 260.118 the information required under ORS
260.057, 260.076, 260.083, 260.102 or 260.118 { + , 10 percent of
the total amount of the contribution or expenditure required to
be included in the statement + }.
(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 16. ORS 260.402 is amended to read:
260.402. (1) A person may not make a contribution in any name
other than that of the person who in truth provides the
contribution to:
(a) Any other person, relating to a nomination or election of
any candidate or the support of or opposition to any measure;
(b) Any political committee; or
(c) A { - chief petitioner of an initiative, referendum or
recall petition or a treasurer - } { + petition committee + }
required to file a statement under ORS 260.118.
(2) Except as provided in subsection (3) of this section, a
person, political committee { - , chief petitioner or
treasurer - } { + or petition committee + } may not knowingly
receive a contribution prohibited under subsection (1) of this
section or enter or cause the contribution to be entered in
accounts or records in another name than that of the person by
whom it was actually provided.
(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 17. ORS 260.407 is amended to read:
260.407. (1) { + (a) + } Except as provided in { - subsection
(2) of this section - } { + paragraph (b) of this
subsection + }, 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) - } { + (A) + } Used to defray any expenses
incurred in connection with the recipient's duties as a holder of
public office;
{ - (b) - } { + (B) + } Transferred to any national, state
or local political committee of any political party;
{ - (c) - } { + (C) + } Contributed to any organization
described in section 170(c) of { + the Internal Revenue Code + }
{ - Title 26 of the United States Code - } or to any charitable
corporation { + as + } defined in ORS 128.620; or
{ - (d) - } { + (D) + } Used for any other lawful purpose.
{ - (2) - } { + (b) + } { - Notwithstanding subsection
(1) 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 other funds donated
to a holder of public office may not be:
{ - (a) - } { + (A) + } 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;
{ - (b) - } { + (B) + } Except as provided in this
{ - paragraph - } { + subparagraph + }, 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. Contributions described in this
{ - subsection - } { + paragraph + } may be used to pay a
civil penalty imposed under this chapter, other than a civil
penalty imposed for a violation of this section or ORS 260.409;
or
{ - (c) - } { + (C) + } Except as provided in this
{ - paragraph - } { + subparagraph + }, used to pay any legal
expenses incurred by the candidate or public official in any
civil, criminal or other legal proceeding or investigation that
relates to or arises from the course and scope of the duties of
the person as a candidate or public official. Contributions
described in this { - subsection - } { + paragraph + } may be
used to pay legal expenses incurred by the candidate or public
official in connection with a legal proceeding brought under this
chapter, other than a proceeding brought under this section or
ORS 260.409.
{ + (2)(a) Except as provided in paragraph (b) of this
subsection, amounts received as contributions by a political
committee that is not a principal campaign committee that are in
excess of any amount necessary to defray expenditures may be:
(A) Used to repay to the political committee any loan the
proceeds of which were used in connection with the campaign;
(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 the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
(b) Amounts received as contributions by the political
committee may not be:
(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, 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. Contributions described in
this subsection may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by a treasurer or director of a political
committee in any civil, criminal or other legal proceeding or
investigation that relates to or arises from the course and scope
of the duties of the person as a treasurer or director.
Contributions described in this subsection may be used to pay
legal expenses incurred by a treasurer or director in connection
with a legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.
(3)(a) Except as provided in paragraph (b) of this subsection,
amounts received as contributions by a chief petitioner or
treasurer of a petition committee organized under ORS 260.118
that are in excess of any amount necessary to defray expenditures
may be:
(A) Used to repay to the chief petitioner any loan the proceeds
of which were used in connection with the initiative, referendum
or recall petition;
(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 the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
(b) Amounts received as contributions by a chief petitioner or
treasurer of a petition committee may not be:
(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, 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. Contributions described in
this subsection may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by a chief petitioner or treasurer in any
civil, criminal or other legal proceeding or investigation that
relates to or arises from the course and scope of the duties of
the person as a chief petitioner or treasurer. Contributions
described in this subsection may be used to pay legal expenses
incurred by a chief petitioner or treasurer in connection with a
legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409. + }
{ - (3) - } { + (4) + } As used in this section:
{ + (a) 'Contribution' and 'expenditure' include a
contribution or expenditure to or on behalf of an initiative,
referendum or recall petition. + }
{ - (a) - } { + (b) + } '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) - } { + (c) + } 'Public office' does not include
national or political party office.
SECTION 18. ORS 260.737 is amended to read:
260.737. (1) A slate mailer organization 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 { - (22) - }
{ + (24) + } and 260.735.
SECTION 19. ORS 260.995 is amended to read:
260.995. (1) Except as provided in subsection (2) of this
section, following an investigation under ORS 260.345, the
Secretary of State or Attorney General may impose a civil penalty
not to exceed $250 for each violation of any provision of Oregon
Revised Statutes relating to the conduct of any election, any
rule adopted by the secretary under ORS chapters 246 to 260 or
any other matter preliminary to or relating to an election, for
which no penalty is otherwise provided.
(2) The secretary or the Attorney General may impose a civil
penalty not to exceed:
(a) $1,000 for each violation of ORS 251.049 (3) or 251.405
(3); or
(b) $1,000 plus the amount converted to personal use for each
violation of ORS 260.407.
(3) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.745. In addition to the requirements of ORS 183.745, the
notice shall include:
(a) A statement of the authority and jurisdiction under which
the hearing is to be held; and
(b) If the person is an agency, corporation or an
unincorporated association, a statement that such person must be
represented by an attorney licensed in Oregon, unless the person
is a political committee which may be represented by any officer
identified in the most recent statement of organization filed
with the filing officer.
(4) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
secretary or Attorney General:
(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 date the person received notice sent under subsection
(3) of this section; or
(b) Upon the secretary's or Attorney General's own motion.
(5) 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 or other evidence, sworn to
before a notary public, to the secretary or Attorney General for
entry in the hearing record. The testimony or other evidence must
be received by the secretary or Attorney General not later than
three business days before the day of the hearing.
(6) All hearings under this section shall be held not later
than { - 30 - } { + 45 + } 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 (4) of this
section shall be held not later than { - 45 - } { + 60 + }
days after the deadline for the person against whom the penalty
may be assessed to request a hearing.
(7) The secretary or Attorney General 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.
(8) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund.
(9) In the case of a civil penalty imposed under this section
for a violation of ORS 260.407, the person against whom the
penalty is assessed:
(a) Is personally responsible for the payment of the civil
penalty;
(b) Shall pay the civil penalty from personal funds of the
person; and
(c) May not pay the civil penalty from contributions received
by a candidate or the principal campaign committee of a
candidate.
SECTION 20. ORS 249.865 is amended to read:
249.865. (1) Pursuant to section 18, Article II of the Oregon
Constitution, an elector of the electoral district from which the
public officer is elected may file a petition demanding the
recall of the public officer. Before the petition is circulated
for signatures, the chief petitioner of the petition shall file
with the officer authorized to order the recall election
{ - : - }
{ - (a) - } a copy of the prospective petition signed by the
chief petitioner { - ; - } { + . + }
{ - (b) A statement of organization described in ORS 260.118;
and - }
{ - (c) A statement conforming to ORS 260.083 of
contributions received and expenditures made by or on behalf of
the chief petitioner and political committee the chief petitioner
represents, if any, to the date of filing the prospective
petition. - }
(2) The chief petitioner shall include with the prospective
petition a statement declaring whether one or more persons will
be paid money or other valuable consideration for obtaining
signatures of electors on the recall petition. After the
prospective petition is filed, the chief petitioner shall notify
the filing officer not later than the 10th day after the chief
petitioner first has knowledge or should have had knowledge that:
(a) Any person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that no
such person would be paid.
(b) No person is being paid for obtaining signatures, when the
statement included with the prospective petition declared that
one or more such persons would be paid.
(3) Each sheet of the recall petition must contain:
(a) The words 'Petition for recall of,' (name and title of
officer) and the date of the filing under subsection (1) of this
section; and
(b) The name and address of the treasurer or the chief
petitioner listed on the statement of organization filed under
subsection (1) of this section.
(4) Not more than 20 signatures on each sheet of the recall
petition shall be counted. The circulator shall certify on each
signature sheet that the circulator:
(a) Witnessed the signing of the signature sheet by each
individual whose signature appears on the signature sheet; and
(b) Believes each individual is an elector.
(5) Any intentional or willful violation of subsection (1) or
(2) of this section by a chief petitioner of the recall petition
or by the treasurer listed on the statement of organization filed
under subsection (1) of this section invalidates the prospective
petition before it is circulated for signatures.
SECTION 21. ORS 260.055 is amended to read:
260.055. (1) Each candidate, other than a candidate for
political party office, { - and - } the treasurer of each
political committee { + and the treasurer of each petition
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 - } { + with respect to + } 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 260.057, 260.076 or 260.078. 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 statement is filed
under ORS 260.057, whichever is later - } { + the statement of
the contribution or expenditure is filed under ORS 260.057 + }.
{ + (4)(a) Before the last statement is filed under ORS
260.057, a candidate, political committee or petition committee
shall file with the Secretary of State a notice of intent to
discontinue the statement of organization of the candidate or
committee and close accounts. Upon receipt of the notice, the
secretary shall examine each statement filed by the candidate or
committee under ORS 260.044, 260.057, 260.083, 260.102, 260.112
or 260.118 to determine whether the statement is sufficient.
(b) Except as provided in paragraph (c) of this subsection, not
later than 90 days after receipt of the notice of intent, the
secretary shall notify the candidate, political committee or
petition committee that the statements are sufficient or that a
statement is insufficient or otherwise may violate a law or rule.
The notice shall include a description of the provisions of ORS
260.407.
(c) If, after a candidate, political committee or petition
committee files a notice of intent to discontinue the statement
of organization of the candidate or committee and close accounts,
the candidate or committee files a statement under ORS 260.044,
260.057, 260.083, 260.102, 260.112 or 260.118, the secretary has
an additional 90 days following the date the statement is filed
to examine each statement and send a notification described in
paragraph (b) of this subsection.
(d) When a candidate, political committee or petition committee
files the last statement under ORS 260.057, the secretary shall
conduct a final review. If the secretary determines that all
statements filed are sufficient, the secretary shall notify the
candidate, political committee or petition committee. Upon
receipt of the notice, the candidate or committee may discontinue
the statement of organization of the candidate, political
committee or petition committee and close accounts. + }
SECTION 22. ORS 260.205 is amended to read:
260.205. (1) A filing officer shall inspect each statement
filed under ORS 260.057, 260.083, 260.102, 260.112 or 260.118 not
later than the 10th business day after the filing deadline or the
10th business day after the statement is filed, whichever is
later.
(2) A filing officer immediately shall notify a person required
to file a statement with the filing officer under ORS 260.057,
260.083, 260.102, 260.112 or 260.118 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.
{ + (4) If upon receiving notification under subsection (2)
of this section a person responds by filing a statement or
submitting information to correct an insufficient statement, the
filing officer shall confirm whether the person's response is
sufficient not later than 90 days after receiving the response.
If, within 90 days, the filing officer does not confirm whether a
response is sufficient under this subsection, the person is not
subject to civil penalty under ORS 260.232 for failure to file or
failure to include the required information in the statement. + }
SECTION 23. ORS 260.345 is amended to read:
260.345. (1) Any elector may file with any filing officer a
written complaint alleging that a violation of an election law or
rule adopted by the Secretary of State under ORS chapters 246 to
260 has occurred and stating the reason for believing that the
violation occurred and any evidence relating to it. A complaint
alleging a violation involving the Secretary of State, a
candidate for the office of Secretary of State, or any political
committee or person supporting the Secretary of State or a
candidate for the office of Secretary of State may be filed with
the Attorney General. The Secretary of State or Attorney General
shall not accept an anonymous complaint.
(2) The Secretary of State by rule shall prescribe the
procedure for processing a complaint filed with any person other
than the Secretary of State. If the complaint concerns the
Secretary of State, any candidate for the office of the Secretary
of State, or any political committee or person supporting the
candidacy of the Secretary of State or of another person for the
office of Secretary of State, the complaint and any additional
information relating to the complaint shall be sent to the
Attorney General.
(3) Upon receipt of a complaint under subsection (1) or (2) of
this section the Secretary of State or Attorney General
immediately shall examine the complaint to determine whether a
violation of an election law or rule has occurred and shall make
any investigation the Secretary of State or Attorney General
considers necessary. Except as provided in this subsection,
within 48 hours of receiving a complaint under subsection (1) or
(2) of this section, the Secretary of State or Attorney General
shall notify the person who is the subject of the complaint that
a complaint has been received. If the Secretary of State or
Attorney General receives a complaint or complaints involving 25
or more individuals { + , + } { - or - } political committees
{ + or petition committees + } in any 24-hour period, the
Secretary of State or Attorney General need not notify the
persons who are the subjects of those complaints within 48 hours
of receiving the complaints but shall notify those persons not
later than 10 business days after receiving the complaint or
complaints.
(4) If the Secretary of State believes after an investigation
under subsection (3) of this section that a violation of an
election law or rule has occurred, the secretary:
(a) In the case of a violation that is subject to a penalty
under ORS 260.993, immediately shall report the findings to the
Attorney General and request prosecution. If the violation
involves the Attorney General, a candidate for that office or a
political committee or person supporting or opposing the Attorney
General or a candidate for that office, the Secretary of State
shall appoint another prosecutor for that purpose; or
(b) In the case of a violation not subject to a penalty under
ORS 260.993, may impose a civil penalty under ORS 260.995.
(5) Upon receipt of a complaint or report under subsection (1),
(2) or (4) of this section involving an alleged violation subject
to a penalty under ORS 260.993, the Attorney General or other
prosecutor immediately shall examine the complaint or report to
determine whether a violation of an election law has occurred.
If the Attorney General or prosecutor determines that a violation
has occurred, the Attorney General or prosecutor immediately
shall begin prosecution in the name of the state. The Attorney
General or other prosecutor shall have the same powers in any
county of this state as the district attorney for the county.
(6) Upon receipt of a complaint under subsection (1) or (2) of
this section involving an alleged violation of an election law or
rule not subject to a penalty under ORS 260.993, the Attorney
General shall examine the complaint to determine whether a
violation of an election law or rule has occurred and shall make
any investigation the Attorney General considers necessary. If
the Attorney General believes after an investigation that a
violation of an election law or rule has occurred, the Attorney
General may impose a civil penalty under ORS 260.995.
(7) In the case of an alleged violation subject to a civil
penalty under ORS 260.995, a complaint shall be filed by an
elector under this section no later than 90 days following the
election at which a violation of an election law or rule is
alleged to have occurred, or 90 days following the date the
violation of an election law or rule is alleged to have occurred,
whichever is later.
(8) A filing officer having reason to believe that a violation
of an election law or rule has occurred shall proceed promptly as
though the officer had received a complaint. { + Except as
provided in section 25 of this 2009 Act, + } a filing officer
shall proceed under this subsection no later than two years
following the election at which a violation of an election law or
rule is alleged to have occurred, or two years following the date
the violation of an election law or rule is alleged to have
occurred, whichever is later. If a filing officer has not
proceeded within two years because of fraud, deceit, misleading
representation or the filing officer could not have reasonably
discovered the alleged violation, the filing officer shall
proceed no later than five years following the election at which
a violation of an election law or rule is alleged to have
occurred, or five years following the date the violation of an
election law or rule is alleged to have occurred, whichever is
later.
SECTION 24. { + Sections 25 and 26 of this 2009 Act are added
to and made a part of ORS chapter 260. + }
SECTION 25. { + (1) A filing officer having reason to believe
that a violation of an election law or rule for which a civil
penalty may be imposed under ORS 260.232 has occurred shall
proceed promptly as though the officer had received a complaint
under ORS 260.345 and, not later than two years following the
date the violation is alleged to have occurred, shall:
(a) Determine whether a violation occurred; and
(b) If a penalty is to be imposed, notify the person alleged to
have committed the violation in the manner described in ORS
260.232 (2).
(2) Not later than 90 calendar days after receiving payment for
a penalty imposed under ORS 260.232 or receiving other
information in response to a notification under subsection (1) of
this section, the Secretary of State shall send a notice to the
person stating whether the response or payment received is
sufficient. + }
SECTION 26. { + (1) If a candidate, political committee or
petition committee receives updated information that an in-kind
contribution received from another candidate, political committee
or petition committee reported in a statement filed under ORS
260.057, 260.076 or 260.118 is inaccurate or otherwise
insufficient, the candidate, political committee or petition
committee that received the in-kind contribution shall, without
penalty, file an updated statement with the Secretary of State:
(a) Not later than the date that the statement is required to
be filed under ORS 260.057, 260.076 or 260.118; or
(b) If the filing deadline has passed, not later than 30
calendar days after the candidate, political committee or
petition committee received the updated information.
(2) This section does not apply to a candidate, political
committee or petition committee that knew or reasonably should
have known that the information reported in the statement
originally filed under ORS 260.057, 260.076 or 260.118 was
inaccurate or insufficient at the time of filing. + }
SECTION 27. ORS 260.056 is amended to read:
260.056. (1) A loan made by or to a candidate { + , + }
{ - or - } political committee { + or petition committee + }
must be by written agreement.
(2) A candidate { + , + } { - or - } political committee
{ + or petition 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 260.055, a candidate { + , + }
{ - or - } political committee { + or petition committee + }
shall preserve a written loan agreement until the loan is repaid.
SECTION 28. ORS 260.085, as amended by section 4, chapter 41,
Oregon Laws 2008, 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 { + or
petition 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 { + or
petition 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
{ + or petition 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
{ + or petition 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 29. ORS 260.200 is amended to read:
260.200. The Secretary of State by rule shall:
(1) Prescribe a uniform system for accounts required by ORS
260.055.
(2) Prescribe forms for statements and other information
required under this chapter to be filed with filing officers, and
furnish those forms to persons required to file those statements
and other information.
(3) Prescribe materials, including financial institution
account statements and copies of checks, that a
candidate { + , + } { - or - } political committee { + or
petition committee + } must retain or provide to the secretary
for purposes of administering or enforcing the provisions of this
chapter. The secretary shall prescribe personal or confidential
information that is not required to be disclosed under this
subsection.
SECTION 30. ORS 260.255 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 260.057, 260.076, 260.083, 260.102,
260.112 or 260.118, or an accurate copy of it, for at least six
calendar years.
(2) The Secretary of State shall maintain all data filed
electronically under ORS 260.057 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 the data are available to the
public. This subsection does not apply to data that may not be
made available to the public under ORS 260.057 (6)(b). - }
{ + retain and dispose of the data in a manner prescribed by the
State Archivist. The State Archivist shall consider the value of
the data for legal, administrative or research purposes and shall
establish rules for procedures for the retention and disposition
of data described in this section. + }
SECTION 31. { + (1) The amendments to ORS 260.054 and 260.118
by sections 7 and 12 of this 2009 Act apply to petition
committees for which a statement of organization is filed prior
to, on or after January 1, 2010.
(2) A petition committee for which a statement of organization
was filed prior to January 1, 2010, and whose filing remains
active on January 1, 2010, shall:
(a) Comply with the requirements of ORS 260.054 as amended by
section 7 of this 2009 Act not later than January 1, 2010; and
(b) Amend the statement of organization filed by the petition
committee under ORS 260.118 to contain any information required
under ORS 260.118 as amended by section 12 of this 2009 Act, not
later than January 1, 2010. + }
SECTION 32. { + (1) The amendments to ORS 260.043 and 260.112
by sections 5 and 11 of this 2009 Act apply to contributions
received or expenditures made on or after January 1, 2010.
(2) The amendments to ORS 260.407 by section 17 of this 2009
Act apply to expenditures or distributions of contributions made
on or after January 1, 2010.
(3) The amendments to ORS 260.215 by section 13 of this 2009
Act apply to statements filed on or after January 1, 2010.
(4) The amendments to ORS 260.232 and 260.995 by sections 15
and 19 of this 2009 Act apply to violations of any provision of
ORS chapter 260 or other activities occurring on or after January
1, 2010.
(5) The amendments to ORS 249.865 by section 20 of this 2009
Act apply to recall petitions filed on or after January 1, 2010.
(6) The amendments to ORS 260.055 (3) by section 21 of this
2009 Act apply to statements filed before, on or after January 1,
2010.
(7) The amendments to ORS 260.205 by section 22 of this 2009
Act apply to notifications sent by a filing officer on or after
January 1, 2010.
(8) Section 25 of this 2009 Act and the amendments to ORS
260.345 by section 23 of this 2009 Act apply to violations of
provisions of ORS chapter 260 occurring on or after January 1,
2010.
(9) Section 26 of this 2009 Act applies to information received
by a candidate, political committee or treasurer of a petition
committee on or after January 1, 2010.
(10) The amendments to ORS 260.255 by section 30 of this 2009
Act apply to data retained by the Secretary of State on and after
January 1, 2010.
(11) Nothing in this 2009 Act is intended to affect any action,
proceeding or prosecution begun before and pending on January 1,
2010. The action, proceeding or prosecution may be conducted and
completed in the same manner and under the same terms and
conditions and with the same effect as though it had been
undertaken and completed before January 1, 2010.
(12) Nothing in this 2009 Act relieves a person of an
obligation with respect to a fine or other charge, penalty or
other liability, duty or obligation arising prior to January 1,
2010. Collection and enforcement of any such fine, charge,
penalty or other liability, duty or obligation may be conducted
and completed in the same manner and under the same terms and
conditions and with the same effect as though it had been
undertaken and completed before January 1, 2010. + }
SECTION 33. { + Sections 25 and 26 of this 2009 Act and the
amendments to ORS 249.865, 260.005, 260.039, 260.041, 260.042,
260.043, 260.044, 260.054, 260.055, 260.056, 260.057, 260.083,
260.085, 260.112, 260.118, 260.200, 260.205, 260.215, 260.225,
260.232, 260.255, 260.345, 260.402, 260.407, 260.737 and 260.995
by sections 1 to 8, 10 to 23 and 27 to 30 of this 2009 Act become
operative on January 1, 2010. + }
SECTION 34. { + The Secretary of State may take any action
before January 1, 2010, that is necessary to enable the secretary
to exercise, on and after January 1, 2010, all the duties,
functions and powers conferred upon the secretary by the
amendments to ORS 249.865, 260.005, 260.039, 260.041, 260.042,
260.043, 260.044, 260.054, 260.057, 260.083, 260.112, 260.118,
260.215, 260.225, 260.232, 260.402, 260.407, 260.737 and 260.995
by sections 1 to 8 and 10 to 20 of this 2009 Act. + }
SECTION 35. { + The State Archivist may take any action before
January 1, 2010, that is necessary to enable the State Archivist
to exercise, on and after January 1, 2010, all the duties,
functions and powers conferred upon the State Archivist by the
amendments to ORS 260.255 by section 30 of this 2009 Act. + }
SECTION 36. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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