Chapter 225 Oregon Laws 1999

Session Law

 

AN ACT

 

HB 2414

 

Relating to political committees; creating new provisions; and amending ORS 260.063 and 260.073.

 

Be It Enacted by the People of the State of Oregon:

 

      SECTION 1. ORS 260.063 is amended to read:

      260.063. (1) Except as otherwise provided in ORS 260.112, each political committee, other than a candidate's principal campaign committee, supporting or opposing one or more candidates or measures at the biennial or presidential preference 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, 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 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 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 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, 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 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 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, 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 shall file a supplemental statement of contributions received and expenditures made by or on behalf of the political 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 shall prepare one original copy of each statement [and the supplement required by subsections (1) and (2)] required by subsection (1) 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. The statement[, supplement] and each duplicate copy shall be signed and certified as true by the treasurer required to file it.

      (4) A political committee shall file the supplemental statement described in subsection (2) of this section with the filing officer with whom the political committee's statement of organization is filed and need not file any supplemental statement with any other filing officer. The supplemental statement shall be signed and certified as true by the treasurer required to file it.

      SECTION 2. ORS 260.073 is amended to read:

      260.073. (1) Except as otherwise provided in ORS 260.112, each political 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, not sooner than the 39th day and not later than the 29th day before the date of the election. For a political committee that supported or opposed one or more candidates or measures at the presidential preference or biennial primary election, the accounting period for the statement required by this paragraph begins on the 21st day after the primary election at which the committee supported or opposed one or more candidates or measures. If the committee supported or opposed one or more candidates or measures at both primary elections, the accounting period for the statement begins on the 21st day after the biennial 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 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 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 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, 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 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 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, 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 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 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 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 shall file a supplemental statement of contributions received and expenditures made by or on behalf of the political 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 shall prepare one original copy of each statement [and the supplement required by subsections (1) to (3)] required by subsection (1) 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. The statement[, supplement] and each duplicate copy shall be signed and certified as true by the treasurer required to file it.

      (5) A political committee shall file the supplemental statement described in subsection (3) of this section with the filing officer with whom the political committee's statement of organization is filed and need not file any supplemental statement with any other filing officer. The supplemental statement shall be signed and certified as true by the treasurer required to file it.

      SECTION 3. (1) Nothing in this 1999 Act is intended to affect any action, proceeding or prosecution begun before and pending on the effective date of this 1999 Act. The action, proceeding or prosecution may be conducted and completed in the same manner and under the same terms and conditions and with the same effect as though it had been undertaken and completed before the effective date of this 1999 Act.

      (2) Nothing in this 1999 Act relieves a person of an obligation with respect to a fine or other charge, penalty or other liability, duty or obligation arising prior to the effective date of this 1999 Act. Collection and enforcement of any such fine, charge, penalty or other liability, duty or obligation may be conducted and completed in the same manner and under the same terms and conditions and with the same effect as though it had been undertaken and completed before the effective date of this 1999 Act.

      (3) The amendments to ORS 260.063 and 260.073 by sections 1 and 2 of this 1999 Act apply to filings required to be made on or after the effective date of this 1999 Act.

 

Approved by the Governor June 7, 1999

 

Filed in the office of Secretary of State June 7, 1999

 

Effective date October 23, 1999

__________