68th OREGON LEGISLATIVE ASSEMBLY--1995 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 3912

                         Senate Bill 10

Sponsored by COMMITTEE ON RULES AND ELECTIONS


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Revises definition of political committee to exclude political
party committees. Defines political party committee.  Regulates
political party committees in manner similar to regulation of
political committees. Specifies that contributions may be made
without limit to political party committees. Allows contributions
from one political party committee to another.  Specifies that
contributions from political party committees of same party are
not aggregated for purposes of candidate contribution limits.
Allows direct corporate and labor organization contributions to
political party committees.
   { +  Declares emergency, effective on passage. + }

                        A BILL FOR AN ACT
Relating to political parties; amending ORS 128.801, 247.955,
  248.004, 254.215, 260.005, 260.035, 260.038, 260.042, 260.044,
  260.045, 260.052, 260.055, 260.058, 260.063, 260.068, 260.073,
  260.078, 260.083, 260.085, 260.102, 260.112, 260.255, 260.345,
  260.402, 260.422, 260.432, 260.522, 260.532, 260.615, 260.655,
  260.665, 260.725, 260.737, 260.995, 377.735, 461.410 and
  756.026 and sections 2, 3, 4, 8, 11, 14, 15, 16, 17 and 18,
  chapter 1, Oregon Laws 1995 (Measure No. 9); repealing sections
  1 and 20, chapter 1, Oregon Laws 1995 (Measure No. 9); 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, who
has requested a tally of write-in votes under ORS 249.007 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.
A person, other than a political party officer, serving on a
board or committee of a political party that has more than 10
members with substantially equal authority to make decisions
shall not be deemed to participate substantially in
decision-making of the political party solely on account of such
service. - }
    { - (3)(a) 'Contribute' or 'contribution' includes: - }
    { - (A) The payment, unrepaid 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) For the purpose of influencing an election for public
office, or reducing the debt of a candidate for nomination or
election to public office or the debt of a political committee;
or - }
    { - (ii) To or on behalf of a candidate, political committee
or measure; and - }
    { - (B) Any unfulfilled pledge, subscription, agreement or
promise, whether or not legally enforceable, to make a
contribution. - }
    { - (b) Regarding a contribution made for compensation or
consideration of less than equivalent value, only the excess
value of it shall be considered a contribution. - }
    { - (4) 'County clerk' means the county clerk or the county
official in charge of elections. - }
    { - (5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution. - }
    { - (6) 'Expend' or 'expenditure' includes the payment or
furnishing of money or any thing 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 in 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. - }
    { - (7) 'Filing officer' means the: - }
    { - (a) Secretary of State, regarding a candidate for any
state office, or any office to be voted for in the state at
large, or in a congressional district, or regarding a measure to
be voted for in the state at large. - }
    { - (b) County clerk, regarding a candidate for any county
office or any district or precinct office within the county, or
regarding a measure to be voted for in one county or in a
district situated wholly within one county. - }
    { - (c) Chief city election officer, regarding a candidate
for any city office, or a measure to be voted for in a city
only. - }
    { - (d) County clerk of the county in which the office of the
chief administrative officer or administrative board is located
regarding a candidate for office for any district or regarding a
measure to be voted on in a district, when the district is
situated in more than one county. - }
    { - (8) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure. - }
    { - (9) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit or district court or the Oregon Tax Court. - }
    { - (10) 'Mass mailing' means over 200 substantially similar
pieces of mail, but does not include a form letter or other mail
which is sent in response to an unsolicited request, letter or
other inquiry. - }
    { - (11) '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. - }
    { - (12) 'Occupation' means the nature of an individual's
principal business or, if the individual is employed by another
person, the nature of the individual's principal business or the
business name and address of the employer. - }
    { - (13) 'Person' means an individual or a corporation,
association, firm, partnership, joint stock company, club,
organization or other combination of individuals having
collective capacity. - }
    { - (14) 'Political committee' means a combination of two or
more individuals, or a person other than an individual, that has
received a contribution or made an expenditure for the purpose of
supporting or opposing a candidate, measure or political
party. - }
    { - (15) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors. - }
    { - (16) '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. - }
    { - (17) 'Referendum petition' means a petition to refer a
measure for which a prospective petition has been filed but that
is not yet a measure. - }
    { - (18) 'Slate mailer' means a mass mailing that supports or
opposes a total of three or more candidates or measures. - }
    { - (19)(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. - }
    { - (20) '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. - }
   { +  (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, who has requested a
tally of write-in votes under ORS 249.007 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 committee 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 or political party committee concerning the
solicitation or expenditure of funds and the support of or
opposition to candidates or measures. A person, other than a
political party officer, serving on a board or committee of a
political party that has more than 10 members with substantially
equal authority to make decisions shall not be deemed to
participate substantially in decision-making of the political
party solely on account of such service.
  (3)(a) Except as provided in section 2, chapter 1, Oregon Laws
1995, 'contribute' or 'contribution' includes:
  (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) 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 a political party committee; or
  (ii) To or on behalf of a candidate, political party committee,
political committee or measure; and
  (B) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
  (b) Regarding a contribution made for compensation or
consideration of less than equivalent value, only the excess
value of it shall be considered a contribution.
  (4) 'County clerk' means the county clerk or the county
official in charge of elections.
  (5) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
  (6) Except as provided in section 2, chapter 1, Oregon Laws
1995, '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 party committee, political committee or
person in consideration for any services, supplies, equipment or
any other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
party committee, political committee or measure, or for reducing
the debt of a candidate for nomination or election to public
office.  Subject to section 4, chapter 1, Oregon Laws 1995,
'expenditure ' also includes contributions made by a candidate,
political party committee or political committee to or on behalf
of any other candidate, political party committee or political
committee.
  (7) 'Filing officer' means the:
  (a) Secretary of State, regarding a candidate for any state
office or any office to be voted for in the state at large or in
a congressional district or regarding a measure to be voted on in
the state at large.
  (b) County clerk, regarding a candidate for any county office
or any district or precinct office within the county, or
regarding a measure to be voted for in one county or in a
district situated wholly within one county.
  (c) Chief city election officer, regarding a candidate for any
city office, or a measure to be voted for in a city only.
  (d) County clerk of the county in which the office of the chief
administrative officer or administrative board is located,
regarding a candidate for office for any district or regarding a
measure to be voted on in a district, when the district is
situated in more than one county.
  (8) 'Independent expenditure' means an expenditure by a person
for a communication expressly advocating the election or defeat
of a clearly identified candidate 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. As used in this
subsection:
  (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
  (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.
  (b) 'Clearly identified' means:
  (A) The name of the candidate involved appears;
  (B) A photograph or drawing of the candidate appears; or
  (C) The identity of the candidate is apparent by unambiguous
reference.
  (c) 'Expressly advocating' means any communication containing a
message advocating election or defeat, including but not limited
to the name of the candidate, or expressions such as ' vote for,'
'elect,' 'support,' 'cast your ballot for, ' ' vote against,'
'defeat' or 'reject.  '
  (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':
  (A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent 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 candidate's plans, projects
or needs provided to the expending person by the candidate or by
the candidate's agent, 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
who is or has been receiving any form of compensation or
reimbursement from the candidate, the candidate's principal
campaign committee or agent; and
  (B) Does not include 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.
  (9) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
  (10) 'Judge' means a judge of the Supreme Court, the Court of
Appeals, circuit or district court or the Oregon Tax Court.
  (11) 'Labor organization' means any organization of any kind,
or any agency or employee representation committee or plan, in
which employees participate and that exists for the purpose, in
whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment or conditions of work.
  (12) '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) '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) 'Occupation' means the nature of an individual's principal
business or, if the individual is employed by another person, the
nature of the individual's principal business or the business
name and address of the employer.
  (15) '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.
  (16)(a) 'Political committee' means a combination of two or
more individuals, or a person other than an individual, that has:
  (A) Received a contribution or made an expenditure for the
purpose of supporting or opposing a candidate, measure or
political party; or
  (B) Made independent expenditures in support of or in
opposition to a candidate, measure or political party.
  (b) 'Political committee' does not include a political party
committee.
  (17) 'Political party committee' means a major political party
as described in ORS 248.006 or a committee thereof or a minor
political party as described in ORS 248.008 or a committee
thereof.
  (18) 'Public office' means any national, state, county,
district or city office or position, except a political party
office, that is filled by the electors.
  (19) '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.
  (20) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
  (21) 'Slate mailer' means a mass mailing that supports or
opposes a total of three or more candidates or measures.
  (22)(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 party committee; or
  (B) A political committee organized by the caucus of either the
Senate or the House of Representatives of the Legislative
Assembly.
  (23) '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.
  (24) 'With respect to a single election' means, in the case of
a contribution to a candidate for public office:
  (a) The next election for nomination or election to public
office, other than national office, after the contribution is
made; or
  (b) In the case of a contribution made after an election and
designated in writing by the contributor for a previous election,
the election so designated. A contribution may be designated for
a previous election under this subsection if the contribution
does not exceed the expenditure deficit of the candidate or the
principal campaign committee of the candidate receiving the
contribution. + }
  **************************** SECTION 2. Section 2, chapter 1,
Oregon Laws 1995 (Measure No. 9), is amended to read:
   { +  Sec. 2. + } As used in this chapter, 'contribute, ' '
contribution,' 'expend' or 'expenditure' does not include:
  (1) Any written news story, commentary or editorial distributed
through the facilities of any broadcasting station, newspaper,
magazine or other periodical publication, unless a political
committee owns the facility;
  (2) An individual's use of the individual's own personal
residence, including a community room associated with the
individual's residence, to conduct a reception for a candidate,
and the cost of invitations, food and beverages provided at the
reception;
  (3) A vendor's sale of food and beverages for use in a
candidate's campaign at a charge less than the normal comparable
charge, if the charge is at least equal to the cost of the food
or beverages to the vendor;
  (4) Any unreimbursed payment for travel expenses an individual
makes on behalf of a candidate;
  (5) Any loan of money made by a state bank, a federally
chartered depository institution or a depository institution
insured by the Federal Deposit Insurance Corporation, Federal
Savings and Loan Insurance Corporation or the National Credit
Union Administration, other than any overdraft made with respect
to a checking or savings account, if the loan bears the usual and
customary interest rate for the category of loan involved, is
made on a basis that assures repayment, is evidenced by a written
instrument and is subject to a due date or amortization schedule.
However, each indorser or guarantor of the loan shall be
considered to have contributed that portion of the total amount
of the loan for which that person agreed to be liable in a
written agreement, except if the indorser or guarantor is the
candidate's spouse;
  (6) Nonpartisan activity designed to encourage individuals to
vote or to register to vote;
  (7) Any communication a membership organization or corporation
makes to its members, shareholders or employees if the membership
organization or corporation is not organized primarily for the
purpose of influencing an election to office; { +  and + }
  (8) The payment of compensation for legal and accounting
services rendered to a candidate if the person paying for the
services is the regular employer of the individual rendering the
services and the services are solely for the purpose of insuring
compliance with the provisions of this chapter { + . + }   { - ;
and - }
    { - (9) The payment by a state or local committee of a
political party of the costs of preparation, display or mailing
or other distribution incurred by the committee with respect to a
printed slate card or sample ballot, or other printed listing, of
three or more candidates for any public office for which an
election is held in this state. This subsection does not apply to
costs incurred by the committee with respect to a display of any
such listing made on broadcasting stations or in newspapers,
magazines or similar types of general public political
advertising. - }
  **************************** SECTION 3. Section 3, chapter 1,
Oregon Laws 1995 (Measure No. 9), is amended to read:
   { +  Sec. 3. + } (1) Subject to section 4 { + , + }
 { + chapter 1, Oregon Laws 1995, + }   { - of this 1994 Act - }
and except as provided in subsection (4) of this section, with
respect to a single election, a person or political committee
shall not contribute an aggregate amount exceeding:
  (a) $500 to a candidate or the principal campaign committee of
a candidate for nomination or election to the office of Governor,
Secretary of State, State Treasurer, Superintendent of Public
Instruction, Attorney General, Commissioner of the Bureau of
Labor and Industries or judge of the Supreme Court, Court of
Appeals or Oregon Tax Court.
  (b) $100 to a candidate or the principal campaign committee of
a candidate for nomination or election to the office of State
Senator or State Representative.
  (2) With respect to a single election, an individual under 18
years of age shall not contribute an aggregate amount exceeding
$25 to any single candidate.
  (3) An individual shall not contribute in any calendar year an
aggregate amount exceeding $100 to any one political committee
other than a principal campaign committee or a political
committee organized exclusively to support or oppose one or more
candidates for national   { - or political party - }  office or
one or more measures.
  (4) Notwithstanding subsection (1) of this section  { - : - }
 { + , + }
    { - (a) - }  with respect to a single election, a political
 { + party + } committee   { - established by a political
party - }  shall not contribute an aggregate amount exceeding:
    { - (A) - }   { + (a) + } $25,000 to a candidate or the
principal campaign committee of a candidate for nomination or
election to the office of Governor;
    { - (B) - }   { + (b) + } $10,000 to a candidate or the
principal campaign committee of a candidate for nomination or
election to the office of Secretary of State, State Treasurer,
Superintendent of Public Instruction, Attorney General,
Commissioner of the Bureau of Labor and Industries; or
    { - (C) - }   { + (c) + } $5,000 to a candidate for
nomination or election to the office of state Senator or state
Representative.
    { - (b) An individual shall not contribute in any calendar
year an aggregate amount exceeding $1,000 to any one political
committee organized by a political party. - }
  (5) A candidate, principal campaign committee or other
political committee shall not accept a contribution in excess of
the limits contained in this section.
  (6) Nothing in this section shall limit { + :
  (a) The amount a person, political committee or political party
committee may contribute to a political party committee; or
  (b) + } The amount a candidate may contribute from the
candidate's personal funds to the candidate or the candidate's
principal campaign committee. Subject to section 6 { + , + }
 { + chapter 1, Oregon Laws 1995 + }   { - of this 1994 Act - } ,
a candidate may make unlimited expenditures from personal funds.

  **************************** SECTION 4. Section 4, chapter 1,
Oregon Laws 1995 { +   + }(Measure No. 9), is amended to read:
   { +  Sec. 4. + } (1) Except as provided in subsection (2) of
this section:
  (a) A candidate or the principal campaign committee of a
candidate for other than national   { - or political party - }
office, or a political committee over which a candidate exercises
direction or control, shall not make a contribution to:
  (A) Another candidate or principal campaign committee of a
candidate for other than national   { - or political party - }
office; or
  (B)  { + A political party committee or + } any other political
committee, other than a political committee exclusively
supporting or opposing one or more candidates for national
 { - or political party - }  office or a political committee
organized exclusively to support or oppose one or more measures.
  (b) A political committee that is not a principal campaign
committee or a political committee over which a candidate
exercises direction or control shall not make a contribution to
 { + a political party committee or + } any other political
committee except:
  (A) A political committee exclusively supporting or opposing
candidates for national   { - or political party - }  office;
  (B) A principal campaign committee; or
  (C) A political committee organized exclusively to support or
oppose one or more measures.
   { +  (c) A political party committee shall not make a
contribution to a political committee except:
  (A) A political committee exclusively supporting or opposing
candidates for national office;
  (B) A principal campaign committee; or
  (C) A political committee organized exclusively to support or
oppose one or more measures. + }
    { - (c) - }   { + (d) + } A candidate or the principal
campaign committee of a candidate for other than national
 { - or political party - }  office, or any other political
committee, other than a political party committee, a political
committee exclusively supporting or opposing one or more
candidates for national   { - or political party - } office or a
political committee organized exclusively to support or oppose
one or more measures, shall not accept a contribution from:
  (A) A candidate or the principal campaign committee of a
candidate for national   { - or political party - }  office; or
  (B) A political committee exclusively supporting or opposing
one or more candidates for national   { - or political party - }
office.
    { - (d) - }   { + (e) + } A candidate for other than national
 { - or political party - }  office, the candidate's principal
campaign committee { + , a political party committee + } or a
political committee shall not accept a contribution prohibited by
this section.
  (2) Nothing in this section shall prohibit:
  (a) An individual who is a candidate from making a contribution
as an individual from the candidate's personal funds to any
candidate, principal campaign committee or other political
committee;
  (b) A candidate, principal campaign committee or other
political committee from accepting a contribution from the
personal funds of an individual who is a candidate;
  (c) A candidate, the principal campaign committee of a
candidate or any other political committee from making a
contribution to a political committee that is exclusively
supporting or opposing one or more candidates for national
office;
  { - or - }

  (d) A political committee that is exclusively supporting or
opposing one or more candidates for national office from
accepting a contribution from any candidate, the principal
campaign committee of any candidate or any other political
committee { + ; or
  (e) A political party committee from making a contribution to,
or receiving a contribution from, another political party
committee + }.
  **************************** SECTION 5. Section 8, chapter 1,
Oregon Laws 1995 { +   + }(Measure No. 9), is amended to read:
   { +  Sec. 8. + } (1) An expenditure not qualifying as an
independent expenditure shall be considered an in-kind
contribution to the candidate or the principal campaign committee
of the candidate and an expenditure by the candidate or the
principal campaign committee of the candidate.
  (2) For purposes of section 6 { + , chapter 1, Oregon Laws
1995 + }
  { - of this 1994 Act - } , the amount of an expenditure not
qualifying as an independent expenditure shall count against the
expenditure limits of the candidate for whose benefit the
expenditure was made.
  (3) For purposes of the contribution limitations established by
section 3 { + , chapter 1, Oregon Laws 1995 + }   { - of this
1994 Act - } , the amount of an expenditure not qualifying as an
independent expenditure shall count against the contribution
limits of the person { + , political party committee + } or
political committee making the expenditure.
  (4) No person,   { - including a - }  candidate { + , political
party committee + } or political committee  { - , - }  shall
report an expenditure as an independent expenditure if the
expenditure does not qualify as an independent expenditure under
ORS 260.005.
  **************************** SECTION 6. Section 11, chapter 1,
Oregon Laws 1995 { +  (Measure No. 9), + } is amended to read:
   { +  Sec. 11. + } (1) Except as provided in subsection (2) of
this section, the Secretary of State or the Attorney General
shall impose a civil penalty in the manner provided in ORS
260.995 for each violation of any provision of section 3, 4 or
16 { + , + }  { + chapter 1, Oregon Laws 1995 + }   { - of this
1994 Act - } .
  (2) Notwithstanding ORS 260.995, the Secretary of State or
Attorney General shall impose a civil penalty not to exceed the
greater of $1,000 or three times the amount of any:
  (a) Contribution made or received in violation of section 4 or
16 { + , chapter 1, Oregon Laws 1995 + }   { - of this 1994
Act - } ; or
  (b) Contribution that exceeds the limit specified in section
3 { + , chapter 1, Oregon Laws 1995 + }   { - of this 1994
Act - } .
  (3) If a candidate or the principal campaign committee of a
candidate violates any provision of section 3, 4 or 16 { + ,
chapter 1, Oregon Laws 1995 + }   { - of this 1994 Act - } , the
candidate shall be personally liable for the amount to be paid
under this section. If a political committee, other than a
principal campaign committee,  { +  or a political party
committee + } violates any provision of section 3, 4 or 16 { + ,
chapter 1, Oregon Laws 1995 + }   { - of this 1994 Act - } , the
 { +  committee + } directors of the political committee  { + or
political party committee + } shall be jointly and severally
liable for any amount to be paid under this section.
  **************************** SECTION 7. Section 14, chapter 1,
Oregon Laws 1995 (Measure No. 9), is amended to read:
   { +  Sec. 14. + } For purposes of the contribution limitations
established by section 3 { + , + }  { +  chapter 1, Oregon Laws
1995 + }   { - of this 1994 Act - } :

  (1) Contributions shall be considered to be made by a single
political committee if made by more than one political committee
established, financed, maintained or controlled by the same
person or persons, including any parent, subsidiary, branch,
division, department or local unit of the person or by a group of
those persons.
   { +  (2) Contributions shall not be considered to be made by a
single political party committee if made by more than one
political party committee of the same political party. Each
political party committee may make contributions in the amounts
allowed under section 3, chapter 1, Oregon Laws 1995. + }
    { - (2) - }   { + (3) + } Under subsection (1) of this
section:
  (a) All political committees established by a single
corporation or its subsidiaries are treated as a single political
committee;
  (b) All political committees established by a labor
organization are treated as a single political committee unless
the political committee is established by a local unit of a labor
organization that has the authority to indorse candidates subject
to section 3 { + , + }  { +  chapter 1, Oregon Laws 1995, + }
 { - of this 1994 Act - } independently of the labor
organization's state or national organization and if the local
unit contributes only funds raised from its own members; { +
and + }
    { - (c) All political committees established by the same
political party are treated as a single political committee;
and - }
    { - (d) - }   { + (c) + } All political committees
established by substantially the same group of persons are
treated as a single political committee.
    { - (3) - }   { + (4) + } Contributions shall be considered
to be made by a single person if made by any parent, subsidiary,
branch, division, department or local unit of the same person.
    { - (4) - }   { + (5) + } The Secretary of State shall
investigate any alleged violation of this section only upon
receiving a complaint filed under ORS 260.345.
  **************************** SECTION 8. Section 15, chapter 1,
Oregon Laws 1995 { +   + }(Measure No. 9), is amended to read:
   { +  Sec. 15. + } (1) With respect to a single election at
which a candidate subject to section 3 { + , chapter 1, Oregon
Laws 1995, + }   { - of this 1994 - }  Act seeks nomination or
election, if a candidate contributes the candidate's own personal
funds, makes a loan from the candidate's own personal funds to
the candidate's campaign or receives contributions from members
of the candidate's immediate family in an aggregate amount
exceeding the amount specified in subsection (3) of this section,
any other candidate for the same nomination or office and any
contributions to that other candidate shall, pursuant to
subsection (4) of this section, be exempt from any contribution
limits applicable under section 3 { + , + }  { + chapter 1,
Oregon Laws 1995 + }   { - of this 1994 Act - } .
  (2) Any person { + , political party committee + } or political
committee making an independent expenditure in excess of an
amount specified in subsection (3) of this section on behalf of
or in opposition to a candidate subject to section 3 { + ,
chapter 1, Oregon Laws 1995, + }   { - of this 1994 Act - }
shall deliver notice as provided in subsection (4) of this
section.
  (3) This section applies if:
  (a) A candidate for nomination or election to an office
specified in section 3 (1)(a) { + , + }  { +  chapter 1, Oregon
Laws 1995, + }   { - of this 1994 Act - }  contributes the
candidate's own personal funds, makes a loan from the candidate's
own personal funds to the candidate's campaign or receives

contributions from members of the candidate's immediate family in
an aggregate amount exceeding $25,000;
  (b) A person { + , political party committee + } or political
committee makes an independent expenditure on behalf of or in
opposition to a candidate specified in section 3 (1)(a) { + ,
chapter 1, Oregon Laws 1995, + }   { - of this 1994 Act - }  in
an amount exceeding $25,000;
  (c) A candidate for nomination or election to an office
specified in section 3 (1)(b) { + , chapter 1, Oregon Laws
1995, + }   { - of this 1994 Act - }  contributes the candidate's
own personal funds, makes a loan from the candidate's own
personal funds to the candidate's campaign or receives
contributions from members of the candidate's immediate family in
an aggregate amount exceeding $10,000; or
  (d) A person { + , political party committee + } or political
committee makes an independent expenditure on behalf of or in
opposition to a candidate specified in section 3 (1)(b) { + , + }
 { +  chapter 1, Oregon Laws 1995, + }   { - of this 1994 Act - }
in an amount exceeding $10,000.
  (4) Within 24 hours after the contribution or loan is made, any
candidate who contributes or loans personal funds to the
candidate's campaign or receives contributions from members of
the candidate's immediate family in an aggregate amount exceeding
the applicable amount specified in subsection (3) of this section
shall give written notice of the fact to the filing officer and
to all other candidates for the same office at the same election
for whom a nominating petition, a declaration of candidacy or a
certificate of nomination has been filed. The candidate shall
also supply written proof to the filing officer that all other
candidates for the same office were given notice. The notice
shall be given by registered or certified mail or by some other
method that provides written proof that the notice was given.
From the time notice is received under this subsection, any other
candidate for the same office at the same election, and any
contributions to that candidate, are not subject to any
contribution limits otherwise applicable under section 3 { + ,
chapter 1, Oregon Laws 1995, + }
  { - of this 1994 Act - }  until such time as the candidate
contributes to the candidate's own campaign an amount exceeding
the applicable amount specified in subsection (3) of this
section.
  (5) Within 24 hours after funds for an independent expenditure
are obligated, any person { + , political party committee + } or
political committee making an independent expenditure in an
aggregate amount exceeding the applicable amount specified in
subsection (3) of this section shall give written notice of the
fact to the filing officer and to all other candidates for the
same office at the same election for whom a nominating petition,
a declaration of candidacy or a certificate of nomination has
been filed. The person { + , political party committee + } or
political committee shall also supply written proof to the filing
officer that all other candidates for the same office were given
notice.  The notice shall be given by registered or certified
mail or by some other method that provides written proof that the
notice was given. The notice shall describe the amount and use of
the expenditure. An expenditure is obligated when an expenditure
is made or an agreement to make an expenditure is made. The
notice shall specifically state the name of the candidate the
independent expenditure is intended to support or oppose. Each
new expenditure shall require the delivery of an additional new
notice.
  (6) As used in this section, the 'candidate's immediate family'
means a candidate's spouse and any child, parent, grandparent,
brother, half-brother, sister or half-sister of the candidate and
the spouses of such persons.
  (7) This section does not apply to candidates for national
  { - or political party - }  office.
  **************************** SECTION 9. Section 16, chapter 1,
Oregon Laws 1995 (Measure No. 9), is amended to read:
   { +  Sec. 16. + } (1) A corporation, professional corporation,
nonprofit corporation or labor organization shall not make a
contribution directly or indirectly from treasury funds to any
candidate or political committee.
  (2) Subsection (1) of this section does not apply to:
  (a) Contributions from a corporation, professional corporation,
nonprofit corporation or labor organization to a political
committee organized exclusively to support or oppose a measure;
  (b) Communications by a corporation, professional corporation
or nonprofit corporation to its shareholders and executive or
administrative personnel and their families or by a labor
organization to its members and their families on any subject;
  (c) Nonpartisan registration and get-out-the-vote campaigns by:
  (A) A corporation, professional corporation or nonprofit
corporation aimed at its shareholders and executive or
administrative personnel and their families; or
  (B) A labor organization aimed at its members and their
families { + ; or
  (d) Contributions from a corporation, professional corporation,
nonprofit corporation or labor organization to a political party
committee + }.
  (3) A candidate or the principal campaign committee of a
candidate shall not accept a contribution prohibited by this
section.
  **************************** SECTION 10. Section 17, chapter 1,
Oregon Laws 1995 (Measure No. 9), is amended to read:
   { +  Sec. 17. + } For purposes of the expenditure limitations
contained in section 6 { + , + }  { + chapter 1, Oregon Laws
1995, + }   { - of this 1994 Act - }  and the contribution
limitations contained in section 3 { + , + }  { +  chapter 1,
Oregon Laws 1995 + }   { - of this 1994 Act - } :
  (1) Contributions made by a person { + , political party
committee + } or political committee, either directly or
indirectly, to or on behalf of a particular candidate or
principal campaign committee of a candidate, including
contributions that are in any way earmarked or otherwise directed
through an intermediary or conduit to a candidate or the
principal campaign committee of a candidate, shall be treated as
contributions from the person { + , political party committee + }
or political committee to the candidate.
  (2) Contributions made by a person { + , political party
committee + } or political committee, either directly or
indirectly, to or on behalf of a particular candidate or
principal campaign committee of a candidate, through an
intermediary or conduit, including contributions made or arranged
to be made by an intermediary or conduit, shall be treated as
contributions from the intermediary or conduit to a candidate or
principal campaign committee of a candidate if:
  (a) The contributions made through the intermediary or conduit
are in the form of a check or other negotiable instrument made
payable to the intermediary or conduit rather than to the
intended recipient; or
  (b) The intermediary or conduit is:
  (A) A political committee other than a principal campaign
committee;
  (B) An officer, employee or agent of a political committee
other than a principal campaign committee;
  (C) A person required to register as a lobbyist under ORS
171.740; or
  (D) A labor organization or corporation prohibited from making
contributions under section 16 { + , + }   { - of this 1994
Act - }  { +  chapter 1, Oregon Laws 1995 + }, or an officer,

employee or agent of a labor organization or corporation acting
on behalf of the organization or corporation.
  (3) When a contribution is made to a candidate or the principal
campaign committee of a candidate through an intermediary or
conduit, the intermediary or conduit shall report the original
source and the intended recipient of the contribution to the
intended recipient and to the filing officer in statements filed
under ORS 260.058 to 260.073.
  (4) Nothing in this section is intended to affect contributions
prohibited under ORS 260.402.
  **************************** SECTION 11. Section 18, chapter 1,
Oregon Laws 1995 (Measure No. 9), is amended to read:
   { +  Sec. 18. + } (1) Except as provided in subsection (2) of
this section, amounts received as contributions by a candidate or
the principal campaign committee of a candidate for public office
that are in excess of any amount necessary to defray campaign
expenditures and any other funds donated to a holder of public
office may be:
  (a) Used to defray any ordinary and necessary expenses incurred
in connection with the recipient's duties as a holder of public
office;
  (b) Transferred to any   { - national, state or local political
committee of any - }  political party { +  committee + };
  (c) Contributed to any organization described in section 170(c)
of Title 26 of the United States Code or to any charitable
corporation defined in ORS 128.620; or
  (d) Used for any other lawful purpose.
  (2) Notwithstanding subsection (1) of this section, amounts
received as contributions by a candidate for public office that
are in excess of any amount necessary to defray campaign
expenditures and other funds donated to a holder of public office
shall not be converted by any person to any personal use other
than to defray any ordinary and necessary expenses incurred in
connection with the person's duties as a holder of public office
or to repay to a candidate any loan the proceeds of which were
used in connection with the candidate's campaign.
  (3) As used in this section:
  (a) 'Funds donated' means all funds, including but not limited
to gifts, loans, advances, credits or deposits of money that are
donated for the purpose of supporting the activities of a holder
of public office. 'Funds donated' does not mean funds
appropriated by the Legislative Assembly or another similar
public appropriating body or personal funds of the office holder
donated to an account containing only those personal funds.
  (b) 'Public office' does not include national   { - or
political party - }  office.
  **************************** SECTION 12. ORS 260.035 is amended
to read:
  260.035. (1) Each political committee  { + or political party
committee + } shall appoint a treasurer and certify the name and
address of the treasurer to the filing officer. The treasurer
shall be an elector of this state.
  (2) No contribution shall be received or expenditure made by or
on behalf of a political committee  { + or political party
committee + } until the political committee  { + or political
party committee + } appoints a treasurer and certifies the name
and address of the treasurer to the filing officer.
  (3) Contributions shall be received and expenditures made by or
through the treasurer of the political committee { +  or
political party committee + }.
  (4) Any change in information required under this section shall
be indicated in an amended certification filed not later than the
10th day after the change in information.
  **************************** SECTION 13. ORS 260.038 is amended
to read:

  260.038. (1) An individual may be appointed and serve as
treasurer of a candidate and a political committee  { + or
political party committee  + }or of two or more candidates or
political committees { +  or political party committees + }.
  (2) A candidate { + , + }   { - or - }  political committee
 { + or political party committee + } may remove a treasurer. In
event of the death, resignation or removal of a treasurer before
compliance with all obligations of a treasurer under ORS 260.005
and 260.035 to 260.156, a candidate may and a political committee
 { + or political party committee + } shall appoint a successor
and certify the name and address of the successor in the manner
of an original appointment.
  **************************** SECTION 14. ORS 260.042 is amended
to read:
  260.042. (1) Before a political committee { +  or political
party committee + }, other than a principal campaign committee,
receives a contribution or makes an expenditure, the treasurer of
the committee supporting or opposing one or more candidates for
public office, other than candidates for federal or political
party office, or one or more measures at an election shall file a
statement of organization. A copy of the statement of
organization shall be filed with each appropriate 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 political
party committee + } or a responsible officer of the political
committee  { + or political party committee + } may be
conveniently located. However, a different address may be used if
the officer first files with the filing officer the officer's
residence address and the address proposed to be used.
  (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) A statement of whether the committee presently intends to
remain in existence for more than one year.
  (f) 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.
  (g) A designation of any measure which the committee is
opposing or supporting, or intends to support or oppose.
  (h) A statement of how the committee intends to solicit funds.
  (2) Any change in information submitted in a statement of
organization provided in 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.
  **************************** SECTION 15. ORS 260.044 is amended
to read:
  260.044. (1) A person shall file a statement of expenditures
made if the person makes expenditures in a total amount of more
than  { - : - }
    { - (a) $100 in support of or in opposition to a candidate
for statewide office or a statewide measure; or - }
    { - (b) $50 in support of or in opposition to a candidate for
an office that is not statewide, a measure that is not statewide
or a political committee - }  { +  $50 in support of or in
opposition to a candidate, a measure, a political committee or a
political party committee + }.
  (2) A statement filed under subsection (1) of this section
shall be filed for the reporting period described in ORS 260.063
or 260.073 during which the total amount of expenditures exceeds
the amount described in subsection (1) of this section. The
accounting period for the statement required by subsection (1) of
this section begins on the date that an expenditure is made. The
Secretary of State by rule shall prescribe the form of the
statements.
  (3) An individual who solicits and receives a contribution or
contributions shall be a political committee and shall file a
statement of organization under ORS 260.042 and the statements
required by ORS 260.063 or 260.073. The statements filed under
this subsection shall be filed for the reporting period described
in ORS 260.063 or 260.073 during which any contribution was
received. The accounting period for the statement required by
this subsection begins on the date that a contribution is
received.
  (4) For purposes of this section:
  (a) An expenditure shall not include a contribution to a
candidate { + , political party committee + } or political
committee that is required to report the contribution on a
statement filed under ORS 260.058, 260.063, 260.068, 260.073 or
260.102, or a certificate filed under ORS 260.112; and
  (b) An individual shall not be a political committee under
subsection (3) of this section if all contributions received by
the individual are designated to a candidate { + , political
party committee + } or political committee and are required to be
reported as contributions by a candidate { + , political party
committee + } or political committee on a statement filed under
ORS 260.058, 260.063, 260.068, 260.073 or 260.102 or a
certificate filed under ORS 260.112.
  (5) A person shall be a political committee if the person, in
preparing to become a candidate in the general election, receives
a contribution, receives a loan, whether repaid or not, or makes
an expenditure in a total amount of more than $500 before the
date of the primary election. A person described in this
subsection shall file the statements required by ORS 260.063 as
if the person were a candidate in the primary election. This
subsection does not apply to a candidate in the primary or
nominating election.
  **************************** SECTION 16. ORS 260.045 is amended
to read:
  260.045. (1) If a candidate or treasurer receives a
contribution of more than $50 from a political committee  { + or
political party committee + } not in this state, the candidate or
treasurer shall file the following if required under subsection
(2) of this section:
  (a) A written statement of the name, occupation and address of
each person, or the name, address and primary nature of each
political committee { +  or political party committee + }, who
contributed more than $100 of the contribution to a candidate for
statewide office or regarding a statewide measure, or $50 of the
contribution to a candidate for other than statewide office or
regarding a measure other than a statewide measure and certified
as true by an officer of the contributing political
committee { +  or political party committee + }. As used in this
paragraph, 'address ' includes street number and name, rural
route number or post-office box, and city and state; or
  (b) An affidavit that to the best of the candidate's or
treasurer's knowledge and belief the contributing political
committee  { + or political party committee + } will not make
contributions to candidates and treasurers in this state that
exceed two-thirds, in total amount, of all contributions made by
it in this state and elsewhere during the period described in ORS
260.058 (1), 260.063 (1), 260.068 (1) or 260.073 (1) for which
the statement is filed.  The affidavit shall be filed at the same
time the statement is filed regarding the contribution.

  (2) The statement or affidavit described in subsection (1) of
this section shall be filed if requested by the Secretary of
State. The Secretary of State shall request filing of the
statement or affidavit if the Secretary of State receives a
request for the filing from any person. A request must be made to
the Secretary of State under this subsection not later than six
months after the deadline for filing a statement under ORS
260.058 (1), 260.063 (1), 260.068 (1) or 260.073 (1), if a
candidate or treasurer files a statement reporting a contribution
received from a political committee  { + or political party
committee + } not in this state. The statement or affidavit
described in subsection (1) of this section shall be filed not
later than 10 business days after a candidate or treasurer
receives a request from the Secretary of State under this
section.
  **************************** SECTION 17. ORS 260.052 is amended
to read:
  260.052. The Secretary of State shall assign an identification
number to each political committee  { + or political party
committee + } for which the Secretary of State is the filing
officer. The political committee  { + or political party
committee + } shall include the identification number with each
contribution made by the political committee { +  or political
party committee + }.
  **************************** SECTION 18. 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  { + or political party committee + } shall keep
detailed accounts. The accounts shall be current as of not later
than the seventh day after the date of receiving a contribution
or making an expenditure, of all contributions received and all
expenditures made by or on behalf of the candidate { + , + }
 { - or - }  political committee  { + or political party
committee + } that are required to be reported under ORS 260.058,
260.063, 260.068, 260.073 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  { + or political party 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  { +  or political party 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  { + or
political party 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 supplemental statement is
filed under ORS 260.058 (2), 260.063 (2), 260.068 (3) or 260.073
(3), whichever is later.
  **************************** SECTION 19. ORS 260.058 is amended
to read:
  260.058. (1) Except as otherwise provided in ORS 260.112 and
subsection (3) of this section, each candidate seeking nomination
or election at the primary election or at any election other than
the general election, or a candidate's principal campaign
committee at the primary election or at any election other than
the general election, shall file the following with the filing
officer:

  (a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
39th day and not later than the 29th day before the date of the
election. The accounting period for the statement required by
this paragraph begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 or 260.037
unless a candidate or a candidate's principal campaign committee
has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing an
unexpended balance of contributions or an expenditure deficit. If
such a post-election or supplemental statement is filed, the
accounting period begins on the day following the last day of the
accounting period for the statement filed for the previous
election. If a candidate or a candidate's principal campaign
committee has filed a post-election or supplemental statement of
contributions and expenditures for a previous election showing no
balance or no deficit, the accounting period begins on the day
that the candidate or the candidate's principal campaign
committee next receives a contribution or makes an expenditure.
If the statement for a previous election shows an unexpended
balance of contributions or an expenditure deficit, the beginning
balance on the statement required by this paragraph shall be the
amount of the unexpended balance of contributions or expenditure
deficit.  The accounting period for the statement required by
this paragraph ends on the 40th day before the date of the
election.
  (b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
eighth day and not later than the fifth day before the date of
the election. The accounting period for this statement begins on
the 39th day before the date of the election and ends on the
ninth day before the date of the election.
  (c) A supplement to the second preelection statement on the day
before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the candidate
or committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received   { - from a political committee or other person - }
during the period described in this paragraph exceed $500. The
supplement must be written but may be transmitted to the filing
officer by any expeditious means available. A candidate or
treasurer of the candidate's principal campaign committee who
filed a certificate under ORS 260.112 shall file a supplement
under this paragraph if the aggregate contributions exceed $500
because of contributions received after the ninth day and before
the day preceding the day of the election.
  (d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the eighth day before the date of the
election and ends on the 20th day after the date of the election.
  (2) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit. The accounting period for the statement required by
this subsection begins on the day following the last day of the

accounting period for the previous statement filed and ends on
September 1.
  (3) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. The statements required by
federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. At any
time the Secretary of State by rule may make a determination that
the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
  (4) Each statement and the supplement required by this section
shall be signed and certified as true by the candidate or
treasurer required to file it.
  **************************** SECTION 20. ORS 260.063 is amended
to read:
  260.063. (1) Except as otherwise provided in ORS 260.112, each
political committee { +  or political party committee + }, other
than a candidate's principal campaign committee, supporting or
opposing one or more candidates or measures at the primary
election or any election other than the general election shall
file the following with each appropriate filing officer:
  (a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee
 { +  or political party committee + }, not sooner than the 39th
day and not later than the 29th day before the date of the
election. The accounting period for this statement required by
this paragraph begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 unless a
political committee  { +  or political party committee + } has
filed a post-election or supplemental statement of contributions
and expenditures showing an unexpended balance of contributions
or an expenditure deficit for a previous election. If such a
post-election or supplemental statement is filed, the accounting
period begins on the day following the last day of the accounting
period for the statement filed for the previous election. If a
political committee  { + or political party committee + } has
filed a post-election or supplemental statement of contributions
and expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that the
political committee  { + or political party committee + } next
receives a contribution or makes an expenditure. If the statement
for a previous election shows an unexpended balance of
contributions or an expenditure deficit, the beginning balance on
the statement required by this paragraph shall be the amount of
the unexpended balance of contributions or expenditure deficit.
The accounting period for the statement required by this
paragraph ends on the 40th day before the date of the election.
  (b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee
 { +  or political party committee + }, not sooner than the
eighth day and not later than the fifth day before the date of
the election. The accounting period for the statement required by
this paragraph begins on the 39th day before the date of the
election and ends on the ninth day before the date of the
election.
  (c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the political
committee  { + or political party committee + } after the ninth
day and before the day preceding the day of the election. A
supplement shall be filed if contributions received   { - from a
political committee or other person - }  during the period
described in this paragraph exceed $500. The supplement must be
written but may be transmitted to the filing officer by any
expeditious means available. A treasurer of a political committee
 { + or political party committee + } who filed a certificate
under ORS 260.112 shall file a supplement under this paragraph if
the aggregate contributions exceed $500 because of contributions
received after the ninth day and before the day preceding the day
of the election.
  (d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee { +
or political party committee + }, not sooner than the 21st day
and not later than the 30th day after the date of the election.
The accounting period for the statement required by this
paragraph begins on the eighth day before the date of the
election and ends on the 20th day after the date of the election.
  (2) A political committee  { + or political party committee + }
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the political committee { +
or political party committee + }, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit.  The accounting period for the statement required by
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
  (3) A political committee  { + or political party committee + }
shall prepare one original copy of each statement and the
supplement required by subsections (1) and (2) of this section
and file a duplicate copy of the statement and supplement with
the filing officer of each candidate or measure supported or
opposed by the political committee { +  or political party
committee + }. The statement, supplement and each duplicate copy
shall be signed and certified as true by the treasurer required
to file it.
  **************************** SECTION 21. ORS 260.068 is amended
to read:
  260.068. (1) Except as otherwise provided in ORS 260.112 and
subsection (4) of this section, each candidate seeking election
at the general election or a candidate's principal campaign
committee at the general election shall file the following with
each appropriate filing officer:
  (a) A first preelection statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
39th day and not later than the 29th day before the date of the
election. For a candidate nominated at the primary election or
for that candidate's principal campaign committee, the accounting
period for the statement required by this paragraph begins on the
21st day after the primary election. For a candidate not
nominated at the primary election or for that candidate's
principal campaign committee, the accounting period for the
statement required by this paragraph begins on the date that the
name of a treasurer is certified to the filing officer under ORS
260.035 or 260.037 unless a candidate or a candidate's principal
campaign committee has filed a post-election or supplemental
statement of contributions and expenditures showing an unexpended
balance of contributions or an expenditure deficit for a previous
election other than the preceding primary election. If such a
post-election or supplemental statement is filed, the accounting
period begins on the day following the last day of the accounting
period for the statement filed for that previous election. If a
candidate or a candidate's principal campaign committee has filed
a post-election or supplemental statement of contributions and
expenditures for a previous election other than the preceding
primary election showing no balance or no deficit, the accounting
period begins on the day that the candidate or the candidate's
principal campaign committee next receives a contribution or
makes an expenditure. If the statement for a previous election
shows an unexpended balance of contributions or an expenditure
deficit, the beginning balance on the statement required by this
paragraph shall be the amount of the unexpended balance of
contributions or expenditure deficit.  The accounting period for
the statement required by this paragraph ends on the 40th day
before the date of the election.
  (b) A second preelection statement of contributions received
and expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
eighth day and not later than the fifth day before the date of
the election. The accounting period for the statement required by
this paragraph begins on the 39th day before the date of the
election and ends on the ninth day before the date of the
election.
  (c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the candidate
or committee after the ninth day and before the day preceding the
day of the election. A supplement shall be filed if contributions
received   { - from a political committee or other person - }
during the period described in this paragraph exceed $500. The
supplement must be written but may be transmitted to the filing
officer by any expeditious means available. A candidate or
treasurer of the candidate's principal campaign committee who
filed a certificate under ORS 260.112 shall file a supplement
under this paragraph if the aggregate contributions exceed $500
because of contributions received after the ninth day and before
the day preceding the day of the election.
  (d) A post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, not sooner than the
21st day and not later than the 30th day after the date of the
election. The accounting period for the statement required by
this paragraph begins on the eighth day before the date of the
election and ends on the 20th day after the date of the election.
  (2) A candidate for the office of Governor, Secretary of State,
State Treasurer, Attorney General, Commissioner of the Bureau of
Labor and Industries, state Senator or state Representative, or a
candidate's principal campaign committee shall file a supplement
to the post-election statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee not sooner than the
first business day in January and not later than the Friday
before the second Monday in January. The supplement shall be
filed if the aggregate contributions received   { - from any
political committee or other person - }  exceed $500 during the
period beginning after the 20th day after the date of the
election and ending on December 31 and shall disclose only those
contributions received   { - from any political committee or
other person - }  that exceed an aggregate of $500 during the
period beginning after the 20th day after the date of the
election and ending on December 31.  The supplement shall be
written but may be transmitted to the filing officer by any means
available. A candidate described in this subsection or the
treasurer of the candidate's principal campaign committee who
filed a certificate under ORS 260.112 shall file a supplement
under this subsection if the aggregate contributions exceed $500
because of contributions received after the 20th day following
the election and prior to January 1 of the following year.
  (3) A candidate or a candidate's principal campaign committee
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the candidate or the
candidate's principal campaign committee, if the post-election
statement required by subsection (1)(d) of this section shows an
unexpended balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement containing no balance or no
deficit is filed. The accounting period for the statement
required by this subsection begins on the day following the last
day of the accounting period for the previous statement filed and
ends on September 1.
  (4) A candidate for federal office shall file statements
required by the federal election laws in lieu of the statements
required by ORS 260.035 to 260.156. The statements required by
federal election laws shall be filed in the office of the
Secretary of State on or before the federal filing dates. At any
time the Secretary of State by rule may make a determination that
the standards and requirements of the federal election laws
relating to candidates for federal office are not substantially
similar to those contained in ORS 260.035 to 260.156. If the
Secretary of State makes this determination, candidates for
federal office are subject to the requirements of ORS 260.035 to
260.156.
  (5) Each statement and the supplement required by this section
shall be signed and certified as true by the candidate or
treasurer required to file it.
  **************************** SECTION 22. ORS 260.073 is amended
to read:
  260.073. (1) Except as otherwise provided in ORS 260.112, each
political committee { +  or political party committee + }, other
than a candidate's principal campaign committee, supporting or
opposing one or more candidates or measures at the general
election shall file the following with each appropriate filing
officer:
  (a) A first preelection statement of contributions received and
expenditures made by or on behalf of the political committee
 { +  or political party committee + }, not sooner than the 39th
day and not later than the 29th day before the date of the
election. For a political committee  { + or political party
committee + } that supported or opposed one or more candidates or
measures at the primary election, the accounting period for the
statement required by this paragraph begins on the 21st day after
the primary election.  Otherwise, the accounting period for the
statement begins on the date that the name of a treasurer is
certified to the filing officer under ORS 260.035 unless a
political committee  { + or political party committee + } has
filed a post-election or supplemental statement of contributions
and expenditures showing an unexpended balance of contributions
or an expenditure deficit for a previous election. If such a
post-election or supplemental statement is filed, the accounting
period begins on the day following the last day of the accounting
period for the statement filed for the previous election. If a
political committee  { + or political party committee + } has
filed a post-election or supplemental statement of contributions
and expenditures for a previous election showing no balance or no
deficit, the accounting period begins on the day that political
committee  { + or political party committee + } next receives a
contribution or makes an expenditure. If the statement for a
previous election shows an unexpended balance of contributions or
an expenditure deficit, the beginning balance on the statement
required by this paragraph shall be the amount of the unexpended
balance of contributions or expenditure deficit. The accounting
period for the statement required by this paragraph ends on the
40th day before the date of the election.
  (b) A second preelection statement of contributions received
and expenditures made by or on behalf of the political committee
 { +  or political party committee + }, not sooner than the
eighth day and not later than the fifth day before the date of
the election. The accounting period for the statement required by
this paragraph begins on the 39th day before the date of the
election and ends on the ninth day before the date of the
election.
  (c) A supplement to the second preelection statement, on the
day before the election, showing contributions, including loans,
whether repaid or not, received by or on behalf of the political
committee  { + or political party committee + } after the ninth
day and before the day preceding the day of the election. A
supplement shall be filed if contributions received   { - from a
political committee or other person - }  during the period
described in this paragraph exceed $500. The supplement must be
written but may be transmitted to the filing officer by any
expeditious means available. A treasurer of a political committee
 { + or political party committee + } who filed a certificate
under ORS 260.112 shall file a supplement under this paragraph if
the aggregate contributions exceed $500 because of contributions
received after the ninth day and before the day preceding the day
of the election.
  (d) A post-election statement of contributions received and
expenditures made by or on behalf of the political committee { +
or political party committee + }, not sooner than the 21st day
and not later than the 30th day after the date of the election.
The accounting period for a statement required by this paragraph
begins on the eighth day before the date of the election and ends
on the 20th day after the date of the election.
  (2) A political  { + party + } committee   { - affiliated with
a political party - } , a caucus of either house of the
Legislative Assembly, a legislative official or a statewide
official as defined in ORS 244.020, the Governor, Governor-elect
or candidate for Governor shall file a supplement to the
post-election statement of contributions received and
expenditures made by or on behalf of the political  { + party + }
committee not sooner than the first business day in January and
not later than the Friday before the second Monday in January.
The supplement shall be filed if the aggregate contributions
received   { - from any political committee or other person - }
exceed $500 during the period beginning after the 20th day after
the date of the election and ending on December 31 and shall
disclose only those contributions received   { - from any
political committee or other person - }  that exceed an aggregate
of $500 during the period beginning after the 20th day after the
date of the election and ending on December 31. The supplement
shall be written but may be transmitted to the filing officer by
any means available. A treasurer of a political  { + party + }
committee described in this subsection who filed a certificate
under ORS 260.112 shall file a supplement under this subsection
if the aggregate contributions exceed $500 because of
contributions received after the 20th day following the election
and prior to January 1 of the following year.
  (3) A political committee  { + or political party committee + }
shall file a supplemental statement of contributions received and
expenditures made by or on behalf of the political committee { +
or political party committee + }, if the post-election statement
required by subsection (1)(d) of this section shows an unexpended
balance of contributions or an expenditure deficit. A
supplemental statement shall be filed annually not later than
September 10, until a statement is filed containing no balance or
no deficit.  The accounting period for a statement required under
this subsection begins on the day following the last day of the
accounting period for the previous statement filed and ends on
September 1.
  (4) A political committee  { + or political party committee + }
shall prepare one original copy of each statement and the
supplement required by subsections (1) to (3) of this section and
file a duplicate copy of the statement and supplement with the
filing officer of each candidate or measure supported or opposed
by the political committee { +  or political party committee + }.
The statement, supplement and each duplicate copy shall be signed
and certified as true by the treasurer required to file it.
  **************************** SECTION 23. ORS 260.078 is amended
to read:
  260.078. If a report filed by a candidate, a candidate's
principal campaign committee { + , + }   { - or - }  a political
committee  { + or a political party committee + } under ORS
260.058 (1)(a), 260.063 (1)(a), 260.068 (1)(a) or 260.073 (1)(a)
shows any assets not previously reported on hand at the beginning
of the first reporting period, the report shall list all
contributions giving rise to the assets in accordance with ORS
260.083.
  **************************** SECTION 24. ORS 260.083 is amended
to read:
  260.083.   { - (1) A statement filed under ORS 260.058,
260.063, 260.068 or 260.073 shall list: - }
    { - (a) Under contributions, all contributions received.
Except as provided in ORS 260.085, the statement shall list the
name, occupation and address of each person, and the name,
address, identification number assigned under ORS 260.052 and
primary nature of each political committee, that contributed an
aggregate amount of: - }
    { - (A) More than $100 on behalf of a candidate for statewide
office, regarding a statewide measure or to a political committee
supporting or opposing only such a candidate or measure, and the
total amount contributed by that person or political
committee. - }
    { - (B) More than $50 on behalf of a candidate for other than
statewide office, regarding a measure other than a statewide
measure or to a political committee supporting or opposing such a
candidate or measure, and the total amount contributed by that
person or political committee. - }
    { - (C) More than $50 to a political committee supporting or
opposing both a candidate for statewide office or a statewide
measure and a candidate for other than statewide office or a
measure other than a statewide measure, and the total amount
contributed by that person or political committee. The statement
may list as a single item the total amount of other
contributions, but shall specify how those contributions were
obtained. - }
    { - (b) Under expenditures, all expenditures made, showing
the name of the payee and the amount and purpose of each. - }
    { - (c) Separately, all contributions made by the candidate
or political committee to any other candidate or political
committee. - }
    { - (d) All loans, whether repaid or not, made to the
candidate or political committee. The statement shall list 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. The statement also shall list the name of
the lender holding the loan. - }
    { - (2) If an expenditure in an amount exceeding $50 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 during the reporting period shall be listed as an
expenditure and the unexpended portion of the deposit shall be
listed as an account receivable. - }
    { - (3) Anything of value paid for or contributed by any
person shall be listed as both a contribution and an expenditure
by the candidate or committee for whose benefit the payment or
contribution was made. - }
    { - (4) Expenditures made by an agent of a political
committee on behalf of the committee shall be reported in the
same manner as if the expenditures had been made by the committee
itself. - }
    { - (5) As used in this section 'address' includes street
number and name, rural route number or post-office box, and city
and state. - }
   { +  (1) A statement filed under ORS 260.058, 260.063, 260.068
or 260.073 shall list:
  (a) Under contributions, all contributions received. Except as
provided in ORS 260.085 and subject to the prohibitions of
section 4, chapter 1, Oregon Laws 1995, the statement shall list
the name, occupation and address of each person, and the name,
address, identification number assigned under ORS 260.052 and
primary nature of each political committee or political party
committee that contributed an aggregate amount of more than $50
on behalf of a candidate or to a political committee or political
party committee and the total amount contributed by that person,
political committee or political party committee. The statement
may list as a single item the total amount of other
contributions, but shall specify how those contributions were
obtained.
  (b) Under expenditures, all expenditures made, showing the name
of the payee and the amount and purpose of each expenditure.
  (c) Separately, and subject to the prohibitions of section 4,
chapter 1, Oregon Laws 1995, all contributions made by the
candidate, political committee or political party committee.
  (d) All loans, whether repaid or not, made to the candidate,
political committee or political party committee. The statement
shall list 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. The statement also
shall list the name of the lender holding the loan.
  (2) If an expenditure in an amount exceeding $50 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 during the reporting period shall be listed as an
expenditure and the unexpended portion of the deposit shall be
listed as an account receivable.
  (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, political committee or political
party committee for whose benefit the payment or contribution was
made.
  (4) If a candidate, political committee or political party
committee 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
political party committee making the original expenditure shall,
in any statement filed under ORS 260.058, 260.063, 260.068 or
260.073, identify the expenditure as an in-kind contribution and
identify the candidate, political committee or political party
committee for whose benefit the expenditure was made.
  (5) Expenditures made by an agent of a political committee or
political party committee on behalf of the committee shall be
reported in the same manner as if the expenditures had been made
by the committee itself.
  (6) As used in this section, 'address' shall have the meaning
given that term in rules adopted by the Secretary of State. + }
  **************************** SECTION 25. ORS 260.085 is amended
to read:
  260.085. (1) An account required by ORS 260.055 and a statement
required by ORS 260.083 to list the occupation of a contributor
shall list the occupation of the contributor in the account and
on the first statement filed under ORS 260.058, 260.063, 260.068
or 260.073 after the contribution is received if the occupation
is known to the candidate { + , + }   { - or - }  political
committee  { +  or political party 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 260.058,
260.063, 260.068 or 260.073 after the contribution is received,
the candidate { + , + }   { - or - }  political committee  { + or
political party committee + } shall file with the account and the
filing officer documentation of a written request to the
contributor to furnish the contributor's occupation.
  (3) If a candidate { + , + }   { - or - }  political committee
 { + or political party committee + } receives a contribution
that does not identify the occupation of the contributor, the
candidate { + , + }   { - or - }  political committee  { + or
political party committee + } shall make a written request to the
contributor to furnish the occupation of the contributor within
seven days after receiving the contribution.
  (4) Documentation of a written request under subsection (3) of
this section shall be filed with the account and the first
statement under ORS 260.058, 260.063, 260.068 or 260.073 that is
filed at least seven days after the contribution is received.
  (5) If a candidate { + , + }   { - or - }  political committee
 { + or political party 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  { + or
political party committee + } shall include the contributor's
occupation in the account kept under ORS 260.055 and the next
statement filed under ORS 260.058, 260.063, 260.068 or 260.073.
  (6) The filing officer shall be in compliance with law by
accepting the information described in this section.
  **************************** SECTION 26. ORS 260.102 is amended
to read:
  260.102. A person who receives or expends money or any other
thing of value, after the date of an election, for the purpose of
reducing an expenditure deficit shown by a statement of
contributions and expenditures filed by a candidate or treasurer,
and who is not the candidate or treasurer and does not receive or
expend the money or other thing of value through the candidate or
treasurer, shall file with the filing officer a statement showing
the source of all money or other things of value so received or
expended. The statement shall list the name, occupation and
address of each person, or the name, address and primary nature
of each political committee { +  or political party
committee + }, who contributed an aggregate amount of more than
 { - $100 on behalf of a candidate for statewide office or
regarding a statewide measure, or more than - }  $50 on behalf of
a candidate   { - for other than statewide office - }  or
regarding a measure   { - other than a statewide measure - } .
The statement may list as a single item the total amount of other
contributions, but shall specify how those contributions were
obtained. The statement shall be signed and certified as true by
the person required to file it or by the person's authorized
representative. As used in this section, 'address' includes
street number and name, rural route number or post-office box,
and city and state.
  **************************** SECTION 27. ORS 260.112 is amended
to read:
  260.112. (1) A candidate, other than a candidate for federal
office, or a treasurer of a political committee  { + or political
party 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  { + or political party committee + } to
exceed $500 in total amount during the total period described in
ORS 260.058 (1), 260.063 (1), 260.068 (1) or 260.073 (1) shall
file a certificate to that effect. The candidate or treasurer
shall make the certificate according to the best of the knowledge
or belief of the candidate or treasurer. The certificate 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 the 29th day before the date of the election.
  (b) By a treasurer of a political committee { +  or political
party committee + }, not sooner than the date that the political
committee  { + or political party committee + } files a statement
of organization under ORS 260.042, and not later than the 29th
day before the date of the election.
  (2) A candidate { + , + }   { - or - }  political committee
 { + or political party committee + } under this section must
keep contribution and expenditure records during the applicable
total period described in ORS 260.058, 260.063, 260.068 or
260.073.
  (3) If at any time following the filing of a certificate under
subsection (1) of this section and during the total period
described in ORS 260.058 (1), 260.063 (1), 260.068 (1) and
260.073 (1) either the aggregate contributions or aggregate
expenditures exceed $500, the candidate, other than a candidate
for federal office, or treasurer shall file a contribution and
expenditure statement when a statement for the reporting period
in which the contributions or expenditures exceeded $500 is
filed. The filed statement shall reflect all contributions
received and expenditures made by or on behalf of the
candidate { + , + }   { - or - }  political committee  { + or
political party committee + } to that date, beginning with the
start of the first reporting period in ORS 260.058 (1), 260.063
(1), 260.068 (1) and 260.073 (1).
  **************************** SECTION 28. ORS 260.255 is amended
to read:
  260.255. (1) A filing officer shall preserve each statement
filed with the officer under ORS 260.058, 260.063, 260.068,
260.073, 260.083, 260.102, 260.112 or 260.118, or an accurate
copy of it, for at least six years after the date of the election
to which the statement refers.
  (2) The Secretary of State shall prepare for each election a
summary of the statements filed with the secretary under ORS
260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1) and shall
make the summary available to the public. The county clerk shall
prepare such a summary regarding candidates for county offices
and county measures. The Secretary of State by rule may require a
filing officer to prepare such a summary regarding other offices
or measures.
  (3) The summary reports prepared under this section shall
include a list of all expenditures which total $100 or more to
any one person and a list of all contributions of  { - : - }
    { - (a) More than $100 on behalf of a candidate for statewide
office, regarding a statewide measure, or to a political
committee supporting or opposing only such a candidate or
measure; - }
    { - (b) More than $50 on behalf of a candidate for other than
statewide office, regarding a measure other than a statewide
measure, or to a political committee supporting or opposing such
a candidate or measure; and - }
    { - (c) More than $50 to a political committee supporting or
opposing both a candidate for statewide office or a statewide
measure and a candidate for other than statewide office or a
measure other than a statewide measure - }  { +  more than $50 on
behalf of a candidate, regarding a measure or to a political
party committee or political committee + }.
  **************************** SECTION 29. 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 { + , political party 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 { + , political party
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 { + , political party committees + } or
political 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 party committee, + } 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. 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 30. ORS 260.402 is amended
to read:
  260.402. No person shall make a contribution to any other
person, relating to a nomination or election of any candidate or
the support or opposition to any measure, in any name other than
that of the person who in truth provides the contribution. No
person shall knowingly receive the contribution or enter or cause
it to be entered in accounts or records in another name than that
of the person by whom it was actually provided. However, if the
contribution is received from the treasurer of any political
committee { +  or political party committee + }, it shall be
sufficient to enter it as received from the treasurer.
  **************************** SECTION 31. ORS 260.422 is amended
to read:
  260.422. No person shall accept employment with the
understanding or agreement, express or implied, that the person
will contribute any of the compensation to be received because of
the employment to or on behalf of a candidate { + , political
party committee + } or political committee in support of the
nomination or election of the candidate or in support of or in
opposition to a measure.
  **************************** SECTION 32. ORS 260.432 is amended
to read:
  260.432. (1) No person shall attempt to, or actually, coerce,
command or require a public employee to influence or give money,
service or other thing of value to promote or oppose any
political committee  { + or political party committee, + } or to
promote or oppose the nomination or election of a candidate, the
gathering of signatures on an initiative, referendum or recall
petition, the adoption of a measure or the recall of a public
office holder.
  (2) No public employee shall solicit any money, influence,
service or other thing of value or otherwise promote or oppose
any political committee  { + or political party committee, + } or
promote or oppose the nomination or election of a candidate, the
gathering of signatures on an initiative, referendum or recall
petition, the adoption of a measure or the recall of a public
office holder while on the job during working hours. However,
this section does not restrict the right of a public employee to
express personal political views.
  (3) Each public employer shall have posted in a conspicuous
place likely to be seen by its employees the following notice in
printed or typewritten form:
_________________________________________________________________

                 ATTENTION ALL PUBLIC EMPLOYEES:
  The restrictions imposed by the law of the State of Oregon on
your political activities are that 'No public employee shall
solicit any money, influence, service or other thing of value or
otherwise promote or oppose any political committee  { + or
political party committee, + } or promote or oppose the
nomination or election of a candidate, the gathering of
signatures on an initiative, referendum or recall petition, the
adoption of a measure or the recall of a public office holder
while on the job during working hours. However, this section does
not restrict the right of a public employee to express personal
political views. '
  It is therefore the policy of the state and of your public
employer that you may engage in political activity except to the
extent prohibited by state law when on the job during working
hours.
_________________________________________________________________
  (4) As used in this section:
  (a) 'Public employee' does not include an elected official.
  (b) 'Public employer' includes any board, commission,
committee, department, division or institution in the executive,
administrative, legislative or judicial branch of state
government, and any county, city, district or other municipal
corporation or public corporation organized for a public purpose,
including a cooperative body formed between municipal or public
corporations.
  **************************** SECTION 33. ORS 260.522 is amended
to read:
  260.522. (1) Except as provided in subsections (2) and (3) of
this section, no person shall cause to be printed, posted,
broadcast, mailed, circulated or otherwise published, any written
matter, photograph or broadcast relating to any candidate or
measure at any election, unless it states the name and address of
the person responsible for the publication, including a statement
that the publication was authorized by the person.
  (2) Any radio or television broadcast required to be identified
under subsection (1) of this section and that is subject to the
Communications Act of 1934, as amended, and regulations adopted
thereunder is not required to state the name and address of the
person responsible for the broadcast, including a statement that
the publication was authorized by the person.  Instead, the
broadcast shall state the following:
  (a) If paid for and authorized by a candidate, the principal
campaign committee of a candidate { + , a political party
committee + } or a political committee, that the broadcast has
been paid for by the candidate, the principal campaign committee
of the candidate { + , the political party committee + } or the
political committee;
  (b) If paid for by other persons but authorized by a candidate,
the principal campaign committee of a candidate { + , a political
party committee + } or a political committee, that the broadcast
is paid for by the other persons and authorized by the candidate,
the principal campaign committee of the candidate { + , the
political party committee + } or the political committee; or
  (c) If not authorized by a candidate, the principal campaign
committee of a candidate { + , a political party committee + } or
a political committee, the name of the person who paid for the
broadcast and that the broadcast is not authorized by any
candidate, principal campaign committee of a candidate { + ,
political party committee + } or political committee.
  (3) Subsections (1) and (2) of this section do not apply to:
  (a) Any sign relating to a candidate if the candidate or the
principal campaign committee of the candidate is responsible for
the sign and the sign displays the name of the candidate;
  (b) Any written matter relating to a measure at any election
prepared under the direction of the governing body of the city,
county or district that referred the measure if the written
matter is impartial, neither supports nor opposes passage of the
measure and contains the name and address of the city, county or
district; or
  (c) Any written matter, photograph or broadcast relating to any
candidate or measure at any election if the written matter,
photograph or broadcast is part of any bona fide news coverage,
article, story, report, interview, documentary, newscast or on
the spot coverage of bona fide news events. This subsection
applies if:
  (A) The written matter, photograph or broadcast is news or
editorial coverage and not paid or public service advertising;
  (B) The written matter, photograph or broadcast appears in a
publication or broadcast that is regularly published or
broadcast;
  (C) In the case of written material, the name and address of
the publisher or editor is printed on the publication containing
the written material; and
  (D) In the case of a broadcast, the person making the broadcast
is licensed by the Federal Communications Commission.
  (4) Any written matter or broadcast which has been previously
published shall have the publisher and date of publication
clearly identified when it is referred to in a publication listed
under subsection (1) of this section.
  (5) 'Address' for purposes of this section means the address of
a residence, office, headquarters or similar location where the
person may be conveniently located. If the person is a political
committee { +  or in the case of a political party committee + },
the address shall be the address of the political committee
 { + or political party committee + } included in the statement
of organization under ORS 260.042.
  (6) The Secretary of State by rule may define the term ' sign'
as used in subsection (3)(a) of this section.
  **************************** SECTION 34. ORS 260.532 is amended
to read:
  260.532. (1) No person shall cause to be written, printed,
published, posted, communicated or circulated, any letter,
circular, bill, placard, poster, photograph or other publication,
or cause any advertisement to be placed in a publication, or
singly or with others pay for any advertisement, with knowledge
or with reckless disregard that the letter, circular, bill,
placard, poster, photograph, publication or advertisement
contains a false statement of material fact relating to any
candidate,  { + political party committee, + } political
committee or measure.
  (2) A candidate who knows of and consents to a publication or
advertisement prohibited by this section with knowledge or with
reckless disregard that it contains a false statement of material
fact, violates this section regardless of whether the candidate
has participated directly in the publication or advertisement.
  (3) There is a rebuttable presumption that a candidate knows of
and consents to any publication or advertisement prohibited by
this section caused by a political committee { +  or political
party committee + } over which the candidate exercises any
direction and control.
  (4) Any candidate { + , political party committee + } or
political committee aggrieved by a violation of this section
shall have a right of action against the person alleged to have
committed the violation. The aggrieved party may file the action
in the circuit court for any county in this state in which a
defendant resides or can be found or, if the defendant is a
nonresident of this state, in the circuit court for any county in
which the publication occurred. To prevail in such an action, the
plaintiff must show by clear and convincing evidence that the
defendant violated subsection (1) of this section.
  (5) A plaintiff who prevails in an action provided by
subsection (4) of this section may recover compensatory damages
for all injury suffered by the plaintiff by reason of the false
statement of material fact. Proof of entitlement to compensatory
damages must be by a preponderance of evidence. Any prevailing
party is entitled to recover reasonable attorney fees at trial
and on appeal.
  (6) A  { + political party committee or + } political committee
has standing to bring an action provided by subsection (4) of
this section as plaintiff in its own name, if its purpose as
evidenced by its preelection activities, solicitations and
publications has been injured by the violation and if it has
fully complied with the provisions of this chapter. In an action
brought by a  { +  political party committee or + } political
committee as provided by subsection (4) of this section, the
plaintiff may recover compensatory damages for all injury to the
purpose of the committee by reason of the false statement of
material fact. A  { +  political party committee or + } political
committee may not be sued as defendant in such an action. A
recovery made by a  { + political party committee or + }
political committee which prevails in an action under this
section shall be distributed pro rata among the persons making
contributions to the committee.
  (7) If a judgment is rendered in an action under this section
against a defendant who has been nominated to public office or
elected to a public office other than state Senator or state
Representative, and it is established by clear and convincing
evidence that the false statement was deliberately made or caused
to be made by the defendant, the finder of fact shall determine
whether the false statement reversed the outcome of the election.
If the finder of fact finds by clear and convincing evidence that
the false statement reversed the outcome of the election, the
defendant shall be deprived of the nomination or election and the
nomination or office shall be declared vacant.
  (8) An action under this section must be filed not later than
the 30th day after the election relating to which a publication
or advertisement in violation of this section was made.
Proceedings on a complaint filed under this section shall have
precedence over all other business on the docket. The courts
shall proceed in a manner which will insure that:
  (a) Final judgment on a complaint which relates to a primary or
nominating election is rendered before the 30th day before the
general election; and
  (b) Final judgment on a complaint which relates to an election
to an office is rendered before the term of that office begins.
  (9) The remedy provided by this section is the exclusive remedy
for a violation of this section.
  **************************** SECTION 35. ORS 260.615 is amended
to read:
  260.615. (1) No public utility or telecommunications utility or
its agents or officers shall offer or give to a political
committee { + , a political party committee + } or a member or
employee of the  { + political + } committee { +  or political
party committee + }, or to a candidate for or incumbent of any
public office or to any person at the request  { - , - }  or for
the advantage of any of them, any reduced rate or a privilege
withheld from any person for service which is or will be rendered
by a public utility or telecommunications utility.

  (2) No political committee,  { + political party committee, + }
member or employee of the  { + political + } committee { +  or
political party committee + }, or candidate or incumbent shall
ask for or accept from a public utility or telecommunications
utility, or its agent or officer, or use in any manner or for any
purpose a reduced rate, frank or privilege withheld from any
person, for any service which is or will be rendered by a public
utility or telecommunications utility.
  (3) As used in this section, 'public utility' has the meaning
given that term in ORS 757.005.
  (4) As used in this section, 'telecommunications utility ' has
the meaning given that term in ORS 759.005.
  **************************** SECTION 36. ORS 260.655 is amended
to read:
  260.655. No payment or contribution for any purpose shall be
made a condition precedent to putting a name on any caucus or
convention ballot, nomination paper or petition, or to the
performance of any duty imposed by law on a political
committee { +  or political party committee + }.
  **************************** SECTION 37. ORS 260.665 is amended
to read:
  260.665. (1) As used in this section, 'undue influence ' means
force, violence, restraint or the threat of it, inflicting
injury, damage, harm, loss of employment or other loss or the
threat of it, fraud or giving or promising to give money,
employment or other thing of value.
  (2) No person, acting either alone or with or through any other
person, shall directly or indirectly subject any person to undue
influence with the intent to induce any person to:
  (a) Register or vote;
  (b) Refrain from registering or voting;
  (c) Register or vote in any particular manner;
  (d) Be or refrain from or cease being a candidate;
  (e) Contribute or refrain from contributing to any candidate,
political party  { + committee + } or political committee;
  (f) Render or refrain from rendering services to any candidate,
political party  { + committee + } or political committee;
  (g) Challenge or refrain from challenging a person offering to
vote; or
  (h) Apply or refrain from applying for an absentee ballot.
  (3) No person shall solicit or accept money or other thing of
value as an inducement to act as prohibited by subsection (2) of
this section.
  (4) This section does not prohibit:
  (a) The employment of persons to render services to candidates,
political   { - parties - }   { + party committees + } or
political committees;
  (b) The public distribution by candidates, political
  { - parties - }   { + party committees + } or political
committees of sample ballots or other items readily available to
the public without charge, even though the distributor incurs
costs in the distribution;
  (c) Public or nonpromissory statements by or on behalf of a
candidate of the candidate's intentions or purposes if elected;
  (d) A promise by a candidate to employ any person as
administrative assistant, secretary or other direct personal
aide;
  (e) Free custody and care of minor children of persons during
the time those persons are absent from those children for voting
purposes;
  (f) Free transportation to and from the polls for persons
voting; but no means of advertising, solicitation or inducement
to influence the vote of persons transported shall be used with
that transportation;
  (g) Individuals { + , political party committees + } or
political committees from providing refreshments incidental to a
gathering in support of or in opposition to a candidate,
 { + political party committee, + } political committee or
measure; or
  (h) The public distribution of registration cards by a person
approved by the Secretary of State under ORS 247.171 to print,
copy or otherwise prepare and distribute registration cards, even
though the distributor incurs costs in the distribution.
  **************************** SECTION 38. ORS 260.725 is amended
to read:
  260.725. (1) No legislative official, statewide official or
candidate therefor shall attempt to receive or to solicit or
receive or solicit a campaign contribution to the official or
candidate or the official's or candidate's principal campaign
committee or attempt to solicit or solicit a campaign expenditure
in support of the official or candidate   { - from any person or
political 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
shall not attempt to receive or to solicit or receive or solicit
a campaign contribution to the Governor or candidate for Governor
or the Governor's or candidate's principal campaign committee or
attempt to solicit or solicit a campaign expenditure in support
of the Governor or candidate for Governor   { - from any person
or political committee - }  during the period beginning January 1
immediately preceding a regular biennial session of the
Legislative Assembly and ending 30 days following adjournment of
the regular biennial session of the Legislative Assembly, or
during any special session of the Legislative Assembly.
  (3) No person { + , political party committee + } or political
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, shall attempt to make or promise to make or
make or promise to make a campaign contribution to a legislative
official, statewide official or candidate therefor or to the
official's or candidate's principal campaign committee, or
promise to make a campaign expenditure in support of the official
or candidate.
  (4) No person { + , political party committee + } or political
committee during the period beginning January 1 immediately
preceding a regular biennial session of the Legislative Assembly
and ending 30 days following adjournment of the regular biennial
session of the Legislative Assembly, or during any special
session of the Legislative Assembly, shall attempt to make or
promise to make or make or promise to make a campaign
contribution to the Governor, Governor-elect or candidate for
Governor, or to the Governor's or candidate's principal campaign
committee, or promise to make a campaign expenditure in support
of the Governor or candidate for Governor.
  (5) No person { + , political party committee + } 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 attempt to receive or solicit or receive or
solicit a campaign contribution 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.

  (6) No person { + , political party committee + } 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 attempt to receive or solicit or receive or
solicit a campaign contribution 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 days following
adjournment of the regular biennial session of the Legislative
Assembly, or during any special session of the Legislative
Assembly.
  (7) Nothing in this section shall prohibit:
  (a) A legislative official, statewide official or candidate
therefor from making a contribution as an individual from the
individual's personal funds to the same official, candidate or
the candidate's principal campaign committee; or
  (b) The Governor, Governor-elect or a candidate for Governor
from making a contribution as an individual from the individual's
personal funds to the same individual as Governor,
Governor-elect, a candidate for Governor or the candidate's
principal campaign committee.
  (8) As used in this section:
  (a) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
  (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 of Public Instruction-elect, 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 39. ORS 260.737 is amended
to read:
  260.737. (1) A slate mailer organization shall 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) Nothing in this section is intended to affect the
requirements of ORS 260.522.
  (5) The Secretary of State by rule may define the term '
payment' as used in this section and ORS 260.005   { - (19) - }
 { +  (22) + } and 260.735.
  **************************** SECTION 40. 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 of State 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 of State or the Attorney General may impose a
civil penalty not to exceed $1,000 for each violation of ORS
251.049 (3) or 251.405 (3).
  (3) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.090. In addition to the requirements of ORS 183.090, 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 - }
 { + the + } person must be represented by an attorney licensed
in Oregon { + ; and + }   { - , 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. - }
   { +  (c) If the person is a political committee or in the case
of a political party committee, a statement that the committee
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 of State 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 of State'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 and other evidence, sworn to
before a notary public, to the Secretary of State or Attorney
General for entry in the hearing record. Such documents must be
received by the Secretary of State 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 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 days after the deadline for the person against whom
the penalty may be assessed to request a hearing.
  (7) The Secretary of State 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) Except as provided in this subsection, all penalties
recovered under this section shall be paid into the State
Treasury and credited to the General Fund. A penalty that is
recovered from a person who violated ORS 260.432 (1) or from a
public employee who violated ORS 260.432 (2) shall be remitted as
follows:
  (a) If the public employee involved is an employee of the state
or any of its agencies or institutions, the penalty shall be paid
into the State Treasury and credited to the General Fund.
  (b) If the public employee involved is an employee of a city,
county or other political subdivision, the penalty shall be paid
to the city, county or other political subdivision.
  **************************** SECTION 41. ORS 247.955 is amended
to read:
  247.955. (1) Except as provided in subsection (2) of this
section, no person to whom a list of electors is made available
or supplied under ORS 247.940 or 247.945 shall use any
information in the list for commercial purposes.
  (2) A person shall not be considered to use for commercial
purposes any information contained in a list of electors made
available or supplied under ORS 247.940 or 247.945 if the person
obtains the list of electors for the purposes of resale to
candidates { + , political party committees + } or political
committees for political purposes only.
  **************************** SECTION 42. ORS 248.004 is amended
to read:
  248.004. (1) A minor political party or a major political party
shall have all the powers granted to a nonprofit corporation
under ORS 65.077.
  (2) A major or minor political party shall be treated for
purposes of contractual, tort or other liability as a nonprofit
corporation.
  (3) Officers and employees of a major or minor political party,
including officers and employees of local subdivisions of the
parties, shall be treated as officers and employees of nonprofit
corporations for liability for all matters relating to the
political party.
  (4) Any member of a governing body of a major or minor
political party, including local subdivisions of the parties,
shall be treated as directors of nonprofit corporations for
liability for all matters relating to the political party. If the
bylaws of a party designate a central committee, such as a state,
county or congressional district central committee, as the
governing body of the party, then the members of the central
committee shall be directors of the party for purposes of this
section.
  (5) Notwithstanding ORS 65.157, creditors of a major or minor
political party may not proceed against members of the political
parties for liabilities members owe to the parties arising from
their party membership.
  (6) This section does not affect the liability of political
committee  { + or political party committee + } directors,
treasurers and candidates as provided in ORS chapter 260.
  **************************** SECTION 43. ORS 254.215 is amended
to read:
  254.215. (1) The county clerk shall provide each precinct with
at least as many official ballots as there are electors listed in
the poll books of the precinct, and as many additional ballots as
may be expected to be required. The county clerk shall provide as
many sample ballots as the county clerk considers necessary to
supply persons requesting them at polling places and to
distribute to the public.
  (2) The county clerk, at the request of any person, candidate,
political party  { + committee + } or political committee, shall
furnish to them sample ballots. The county clerk may collect from
the requesting person  { + or committee + } the cost of the
sample ballots furnished.

  **************************** SECTION 44. ORS 128.801 is amended
to read:
  128.801. As used in ORS 128.801 to 128.898:
  (1) 'Charitable purpose' means any purpose to promote the
well-being of the public at large, or for the benefit of an
indefinite number of persons, including but not limited to
educational, literary or scientific purposes, or for the
prevention of cruelty to children or animals, or for the benefit
of religion, rehabilitation services, public recreation, civic
improvement or services which lessen the burdens of government.
  (2) 'Commercial fund raising solicitation' means the
solicitation of funds for nonprofit beneficiaries, whether named
or unspecified, through the sale of goods or services, whether
the goods or services are delivered to a purchaser or donated to
third parties, and where the solicitation is conducted by a
commercial fund raising firm or commercial coventurer. If donors
receive insubstantial items or other benefits in return for
contributions, such a solicitation of funds is not a commercial
fund raising solicitation if the items or benefits received are
considered premiums and do not affect the deductibility of the
contributions for federal income tax purposes. A solicitation is
conducted by a commercial fund raising firm or commercial
coventurer if the soliciting agents are under the direction and
control of a commercial fund raising firm or commercial
coventurer; the fact that the solicitors are paid by the
beneficiary is of no consequence.
  (3) 'Commercial coventurer' means any sole proprietorship,
partnership, corporation or any other legal entity, organized for
profit or formed as a nonprofit mutual benefit corporation, who
is regularly and primarily engaged in trade or commerce in this
state other than in conjunction with the raising of funds for
nonprofit purposes and who conducts commercial fund raising
solicitations on an infrequent basis.
  (4) 'Commercial fund raising firm' means any sole
proprietorship, partnership, corporation or any other legal
entity, organized for profit or formed as a nonprofit mutual
benefit corporation, who, for compensation or other consideration
regularly conducts commercial fund raising solicitations.
  (5) 'Professional fund raising firm' means any sole
proprietorship, partnership, corporation or any other legal
entity, organized for profit or as a nonprofit mutual benefit
corporation, who, for compensation or other consideration,
manages or conducts the solicitation of funds, not including
commercial fund raising solicitations, on behalf of any nonprofit
organization.
  (6)(a) 'Solicitation' means any oral or written request for a
contribution, including the solicitor's offer or attempt to sell
any property, rights, services or other thing, in connection with
which:
  (A) The name of any nonprofit organization is used as an
inducement for making the contribution or consummating the sale;
or
  (B) Any statement is made which implies that the whole or any
part of the contribution or proceeds from the sale will be
donated to any nonprofit organization.
  (b) 'Solicitation' does not include the making of any request
or appeal on behalf of a candidate,  { + political party
committee, + } political committee or measure as defined in ORS
260.005, unless the appeal states or implies that contributions
will be used, in whole or in part, for a charitable purpose or
includes a representation that a ticket to an event may be
donated by a contributor to the solicitors for use by another.
  **************************** SECTION 45. ORS 377.735 is amended
to read:
  377.735. (1) If applicable federal regulations are met, the
permit requirements of ORS 377.700 to 377.840 do not apply to:
  (a) Signs with an area of not more than 260 square inches
identifying motor bus stops or fare zone limits of common
carriers.
  (b) Signs erected and maintained by a city showing the place
and time of services or meetings of churches and civic
organizations in the city; however, not more than two such signs
may be erected and maintained that are readable by the traveling
public proceeding in any one direction on any one highway.
  (c) Residential directional signs along highways other than
fully controlled access highways; however, this paragraph does
not apply if a professional, commercial or business activity is
maintained at the location and the sign indicates its existence.
  (d) Official traffic control signs.
  (e) Signs of a governmental unit including but not limited to
regulatory devices, legal notices or warnings.
  (f) Small signs displayed for the direction, instruction or
convenience of the public, including signs which identify rest
rooms, freight entrances, posted areas or the like, with total
surface area not exceeding four square feet.
  (g) Signs maintained for not more than two weeks announcing an
auction or a campaign, drive or event of a civic, philanthropic
or educational organization.
  (h) Memorial signs or tablets.
  (i) Signs maintained for not more than six weeks by state and
county fairs, rodeos, roundups and expositions.
  (j) Directional signs maintained temporarily to provide
directions to places of business offering for sale agricultural
products harvested or produced on the premises where the sale is
taking place.
  (k) A sign advertising the sale of real estate by the owner or
agent of the owner and erected on the advertised premises.
  (L) Signs warning of hazards or danger on the property upon
which they are located, or warning against hunting, fishing or
trespassing upon such property.
  (m) Signs approved by the director and erected by a utility or
common carrier for the purpose of notices necessary for the
information, safety or direction of the public.
  (n) Church directional signs not to exceed six square feet in
size, installed on private property.
  (o) Temporary political signs erected or maintained by
candidates { + , political party committees + } or political
committees on private property, if the sign area does not exceed
32 square feet and if the sign is removed within 30 days after
the date of the election for which erected.
  (2) The signs referred to in subsection (1) (b), (c), (e), (g)
to (L), (n) and (o) of this section shall be subject to
regulations adopted by the Oregon Transportation Commission as to
the size, number and general location and as to time and
procedure for erection and removal of temporary signs.
  (3) ORS 377.700 to 377.840 shall not apply to an outdoor
advertising sign erected or maintained within a city more than
660 feet from the nearest edge of the right of way of a state
highway unless the sign is designed to be viewed primarily from
the state highway.
  **************************** SECTION 46. ORS 461.410 is amended
to read:
  461.410. (1) In order to allow an evaluation by the state
lottery of the competence, integrity, background, character and
nature of the true ownership and control of lottery vendors, any
person who submits a bid, proposal or offer as part of a
procurement for a contract for the printing of tickets used in
any lottery game, any goods or services involving the receiving
or recording of number selection in any lottery game, or any
goods or services involving the determination of winners in any
lottery game, which are hereby referred to as major procurements,

shall first disclose at the time of submitting such bid, proposal
or offer to the state lottery all of the following items:
  (a) A disclosure of the lottery vendor's name and address and,
as applicable, the name and address of the following:
  (A) If the vendor is a corporation, the officers, directors and
each stockholder in such corporation; except that, in the case of
stockholders of publicly held equity securities of a publicly
traded corporation, only the names and addresses of those known
to the corporation to beneficially own 15 percent or more of such
securities need be disclosed.
  (B) If the vendor is a trust, the trustee and all persons
entitled to receive income or benefit from the trust.
  (C) If the vendor is an association, the members, officers and
directors.
  (D) If the vendor is a subsidiary, the officers, directors and
each stockholder of the parent corporation thereof; except that,
in the case of stockholders of publicly held equity securities of
a publicly traded corporation, only the names and addresses of
those known to the corporation to beneficially own 15 percent or
more of such securities need be disclosed.
  (E) If the vendor is a partnership or joint venture, all of the
general partners, limited partners or joint venturers.
  (F) If the parent company, general partner, limited partner or
joint venturer of any vendor is itself a corporation, trust,
association, subsidiary, partnership or joint venture, then all
of the information required in this section shall be disclosed
for such other entity as if it were itself a vendor to the end
that full disclosure of ultimate ownership be achieved.
  (G) If any member of the immediate family of any vendor is
involved in the vendor's business in any capacity, then all of
the information required in this section shall be disclosed for
such immediate family member as if the family member were a
vendor.
  (H) If the vendor subcontracts any substantial portion of the
work to be performed to a subcontractor, then all of the
information required in this section shall be disclosed for such
subcontractor as if it were itself a vendor.
  (I) The persons or entities in subparagraphs (A) to (H) of this
paragraph, along with the vendor itself, shall be referred to as
control persons.
  (b) A disclosure of all the states and jurisdictions in which
each control person does business, and the nature of that
business for each such state or jurisdiction.
  (c) A disclosure of all the states and jurisdictions in which
each control person has contracts to supply gaming goods or
services, including, but not limited to, lottery goods and
services and the nature of the goods or services involved for
each such state or jurisdiction.
  (d) A disclosure of all the states and jurisdictions in which
each control person has applied for, has sought renewal of, has
received, has been denied, has pending or has had revoked a
gaming license of any kind, and the disposition of such in each
such state or jurisdiction. If any gaming license has been
revoked or has not been renewed or any gaming license application
has been either denied or is pending and has remained pending for
more than six months, all of the facts and circumstances
underlying this failure to receive such a license must be
disclosed.
  (e) A disclosure of the details of any conviction or judgment
of a state or federal court of each control person of any felony
and any other criminal offense other than traffic offenses.
  (f) A disclosure of the details of any bankruptcy, insolvency,
reorganization or any pending litigation of each control person.
  (g) A disclosure for each control person who is a natural
person of employment, residence, education and military history

since the age of 18 years, and any federal, state or local
elective position ever held by such person.
  (h) A disclosure consolidating all reportable information on
all reportable contributions by each control person to any local,
state or federal political candidate { + , political party
committee + } or political committee in this state for the past
five years that is reportable under any existing state or federal
law.
  (i) A disclosure of the identity of any entity with which each
control person has a joint venture or other contractual
arrangement to supply any state or jurisdiction with gaming goods
or services, including a disclosure with regard to such entity of
all of the information requested under paragraphs (a) to (h) of
this subsection.
  (j) A disclosure consisting of financial statements of the
lottery vendor for the past three years.
  (k) A disclosure of any economic interest as contemplated by
ORS 244.060 to 244.080, known to the lottery vendor to be held by
any of the persons named in ORS 244.050 (1)(a), any lottery
commissioner, the lottery director, or the assistant directors of
the state lottery, in any lottery vendor or its control persons.
  (L) Such additional disclosures and information as the director
may determine to be appropriate for the procurement involved.
  (2) No contract for a major procurement with any vendor who has
not complied with the disclosure requirements described in this
section for each of its control persons shall be entered into or
be enforceable. Any contract with any lottery contractor who does
not comply with such requirements for periodically updating such
disclosures from each of its control persons during the tenure of
such contract as may be specified in such contract may be
terminated by the commission.
  **************************** SECTION 47. ORS 756.026 is amended
to read:
  756.026. (1) No commissioner shall:
  (a) Hold any other office of profit;
  (b) Hold any office or position under any political committee
or  { + political + } party { +  committee + };
  (c) Hold any pecuniary interest in any business entity
conducting operations which if conducted in this state would be
subject to the commission's regulatory jurisdiction; or
  (d) Hold any pecuniary interest in, have any contract of
employment with, or have any substantial voluntary transactions
with any business or activity subject to the commission's
regulatory jurisdiction.
  (2) The prohibitions of subsection (1)(c) and (d) of this
section apply to the spouse and minor children of each
commissioner.
  (3) If the Governor determines that any commissioner has done
any act prohibited by subsection (1) of this section, or that a
commissioner's spouse or a minor child has done any act
prohibited by subsection (2) of this section, the Governor shall
remove the commissioner in the manner provided in ORS 756.014
(4).
  (4) Subsection (3) of this section does not apply to a
commissioner if the commissioner or the commissioner's spouse or
a minor child acquires any pecuniary interest prohibited by
subsection (1) or (2) of this section, advises the Governor of
such acquisition, and causes divestiture of such interest within
the time specified by the Governor.
  (5) For purposes of subsection (1) of this section, a business
or activity shall not be considered subject to the commission's
regulatory jurisdiction solely because the business or activity
is a private carrier as defined by ORS 767.005 (13).
  **************************** SECTION 48.  { + Section 1,
chapter 1, Oregon Laws 1995 (Measure No. 9) (amending ORS

260.005), and section 20, chapter 1, Oregon Laws 1995 (Measure
No. 9) (amending ORS 260.083), are repealed. + }
  **************************** SECTION 49.  { + This Act being
necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this
Act takes effect on its passage. + }
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