Chapter 999 Oregon Laws 1999

Session Law

AN ACT

SB 369

Relating to elections; creating new provisions; amending ORS 246.270, 246.410, 246.560, 247.203, 247.296, 247.410, 247.435, 247.940, 247.945, 249.037, 249.078, 249.722, 251.065, 251.165, 253.030, 253.540, 253.565, 254.016, 254.025, 254.056, 254.076, 254.115, 254.195, 254.205, 254.365, 254.370, 254.465, 254.470, 254.545, 254.555, 255.295, 260.005, 260.007, 260.035, 260.039, 260.041, 260.044, 260.045, 260.058, 260.063, 260.068, 260.073, 260.083, 260.112, 260.118, 260.200, 260.205, 260.215, 260.218, 260.225, 260.232, 260.241, 260.255, 260.407, 260.532, 260.737 and 316.102 and section 4, chapter 1002, Oregon Laws 1999 (Enrolled House Bill 2001); and repealing ORS 254.118, 260.160, 260.164, 260.168, 260.172, 260.178, 260.180, 260.182, 260.184, 260.188, 260.190, 260.192, 260.202, 260.265, 260.997 and 260.999 and sections 66, 67, 68, 69 and 70, chapter 59, Oregon Laws 1999 (Enrolled Senate Bill 564), and sections 21 and 33, chapter [In committee upon adjournment], Oregon Laws 1999 (Enrolled Senate Bill 946).

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

SECTION 1. ORS 260.005 is amended to read:

260.005. As used in this chapter:

(1)(a) "Candidate" means:

(A) An individual whose name is printed on a ballot, for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is expected to be or has been presented, with the individual's consent, for nomination or election to public office;

(B) An individual who has solicited or received and accepted a contribution, made an expenditure, or given consent to an individual, organization, political party or political committee to solicit or receive and accept a contribution or make an expenditure on the individual's behalf to secure nomination or election to any public office at any time, whether or not the office for which the individual will seek nomination or election is known when the solicitation is made, the contribution is received and retained or the expenditure is made, and whether or not the name of the individual is printed on a ballot; or

(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.] The officers of a political party shall be considered the directors of any political party committee of that party, unless otherwise provided in the party's bylaws.

(3)(a) Except as provided in ORS 260.007, "contribute" or "contribution" includes:

(A) 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

(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 of the Oregon Constitution.

(6) Except as provided in ORS 260.007, "expend" or "expenditure" includes the payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation by or on behalf of a candidate, political committee or person in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including support of or opposition to a candidate, political committee or measure, or for reducing the debt of a candidate for nomination or election to public office. [Subject to ORS 260.168,] "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 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 elections 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) "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 judge of the Supreme Court, Court of Appeals, circuit 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)] (11) "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)] (12) "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.

(d) Local, special or municipal legislation.

(e) A proposition or question.

[(14)] (13) "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)] (14) "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)] (15)(a) "Political committee" means a combination of two or more individuals, or a person other than an individual, that has:

[(a)] (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) Made an expenditure for the purpose of supporting or opposing a candidate, measure or political party.

(b) For purposes of paragraph (a)(B) of this subsection, an expenditure shall not include:

(A) A contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.058, 260.063, 260.068, 260.073 or 260.102 or a certificate filed under ORS 260.112; or

(B) An independent expenditure for which a statement is required to be filed by a person under ORS 260.044 (1).

[(17)] (16) "Public office" means any national, state, county, district, city office or position, except a political party office, that is filled by the electors.

[(18)] (17) "Recall petition" means a petition to recall a public officer for which a prospective petition has been filed but that is not yet a measure.

[(19)] (18) "Referendum petition" means a petition to refer a measure for which a prospective petition has been filed but that is not yet a measure.

[(20)] (19) "Slate mailer" means a mass mailing that supports or opposes a total of three or more candidates or measures.

[(21)(a)] (20)(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.

[(22)] (21) "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.

[(23) "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 or political party 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 principal campaign committee of the candidate receiving the contribution.]

SECTION 2. ORS 260.007 is amended to read:

260.007. 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] regularly published 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 or political committee, and the individual's 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 or political committee'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, including a candidate, makes on behalf of a candidate or political committee;

(5) Any loan of money made by a financial institution as defined in ORS 706.008, 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;

(8) The payment of compensation for legal and accounting services rendered to a candidate or political committee 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. ORS 260.035 is amended to read:

260.035. [(1) Each political 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 until the political committee appoints a treasurer and certifies the name and address of the treasurer to the filing officer.]

(1) Not later than the third business day after a political committee first receives a contribution or makes an expenditure, the political committee shall:

(a) Appoint a treasurer who shall be an elector of this state;

(b) Certify the name and address of the treasurer to the filing officer; and

(c) File a statement of organization under ORS 260.039 or 260.042.

[(3)] (2) Contributions shall be received and expenditures made by or through the treasurer of the political committee.

[(4)] (3) 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 4. ORS 260.039 is amended to read:

260.039. (1) Except as provided in section 6 of this 1999 Act, a candidate who serves as the candidate's own treasurer, or the treasurer of the principal campaign committee, shall file a statement of organization with the appropriate filing officer. The statement shall include:

(a) The name, address, occupation, office sought and party affiliation of the candidate. The address shall be the address of a residence, office, headquarters or similar location where the candidate may be conveniently located. However, a different address may be used if the candidate first files with the filing officer the candidate's residence address and the address proposed to be used;

(b) A statement of how the candidate or principal campaign committee intends to solicit funds; and

(A) The name and address of the committee. The address shall be the address of a residence, office, headquarters or similar location where the political committee or a responsible officer of the political committee may be conveniently located. 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, if any.

(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.

(2) Except as provided in section 6 of this 1999 Act:

(a) No contribution shall be received or expenditure made by or on behalf of the candidate until the candidate designates the candidate as the treasurer and files the statement described in subsection (1) of this section[.]; and

(b) No contribution shall be received or expenditure made by a principal campaign committee until the treasurer of the committee files the statement described in subsection (1) of this section.

(3) 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.

(4) Except as provided in section 6 of this 1999 Act, a candidate who serves as the candidate's own treasurer or the treasurer of the principal campaign committee of the candidate shall file a statement of organization under this section not later than the deadline for the candidate to file a nominating petition or declaration of candidacy under ORS 249.037 or a certificate of nomination under ORS 249.722.

(5) Except as provided in section 6 of this 1999 Act, a candidate for state office who serves as the candidate's own treasurer or the treasurer of the principal campaign committee of a candidate for state office shall file a new or amended statement of organization not later than the date that the candidate files a nominating petition, declaration of candidacy or certificate of nomination.

SECTION 5. Section 6 of this 1999 Act is added to and made a part of ORS 260.035 to 260.156.

SECTION 6. (1) A candidate, other than a candidate for federal office, who serves as the candidate's own treasurer and who expects neither the aggregate contributions to be received nor the aggregate expenditures to be made by or on behalf of the candidate to exceed $300 in total amount during the total period described in ORS 260.058 (1) or 260.068 (1) is not required to file a statement of organization under ORS 260.039.

(2) A candidate described in subsection (1) of this section must keep contribution and expenditure records during the applicable total period described in ORS 260.058 or 260.068.

(3) If at any time following the filing of a nominating petition, declaration of candidacy or certificate of nomination and during the total period described in ORS 260.058 (1) or 260.068 (1) either the aggregate contributions or aggregate expenditures exceed $300, the candidate, other than a candidate for federal office, shall file a statement of organization under ORS 260.039.

SECTION 7. ORS 260.041 is amended to read:

260.041. (1) Notwithstanding ORS 260.005 (15) and except as provided in section 6 of this 1999 Act, a candidate shall designate a political committee as the candidate's principal campaign committee. A candidate may designate only one political committee as the candidate's principal campaign committee.

(2) A political committee may not be designated as the principal campaign committee of more than one candidate.

SECTION 8. 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.

(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] $50. The accounting period for the statement required by subsection (1) of this section begins on the date that an expenditure is made. The statement shall specify the candidate, measure or political committee supported or opposed by the expenditure. The Secretary of State by rule shall prescribe the form of the statements. If a statement is filed for the reporting period for the supplement to the second preelection statement, a second statement for the same expenditure does not need to be filed in the post-election reporting period.

(3) Notwithstanding ORS 260.005 (15), [An individual] a person 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 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;

(b) An expenditure shall not include a contribution to a candidate who is not required to file a statement of organization under section 6 of this 1999 Act; and

[(b)] (c) [An individual] A person shall not be a political committee under subsection (3) of this section if all contributions received by the [individual] person are designated to a candidate or political committee and are required to be reported as contributions by a candidate 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] principal campaign 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] $2,000 before the date of the biennial primary election. A person described in this subsection shall file the statements required by ORS [260.063] 260.058 as if the person were a candidate in the biennial primary election. This subsection does not apply to a candidate in the biennial primary or nominating election.

SECTION 9. 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 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, 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]. The statement shall be certified as true by an officer of the contributing political 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 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) or 260.118 (6) 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:

(a) Requested by the Secretary of State[. The Secretary of State shall request filing of the statement or affidavit if]; or

(b) 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] made 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) or 260.118 (6), if a candidate or treasurer files a statement reporting a contribution received from a political committee not in this state.

(3) If requested under subsection (2) of this section, 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 10. 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 [and subject to the prohibitions of ORS 260.168], 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 more than $50 on behalf of a candidate or to a political committee 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, [and subject to the prohibitions of ORS 260.168,] all contributions made by the 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 an in-kind contribution and an expenditure by the candidate or committee for whose benefit the payment or contribution was made.

(4) If a candidate or political 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 or political committee making the original expenditure shall, in any statement filed under ORS 260.058, identify the expenditure as an in-kind contribution and identify the candidate or political committee for whose benefit the expenditure was made.

(5) 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.

(6) If a political committee makes an expenditure that qualifies as an independent expenditure under ORS 260.005 (8), the listing of the expenditure under this section shall identify the candidate or candidates who are the subject of the independent expenditure and state whether the independent expenditure was used to advocate the election or defeat of the candidate or candidates.

[(6)] (7) As used in this section, "address" shall have the meaning given that term in rules adopted by the Secretary of State.

SECTION 11. ORS 260.118 is amended to read:

260.118. (1) Before the chief petitioners of a statewide initiative or referendum petition or any recall petition receive a contribution or make an expenditure relating to the statewide initiative or referendum petition or any recall petition, the petitioners shall:

(a) 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. Contributions shall be received and expenditures made by or through the treasurer.

(b) File a statement of organization with the appropriate filing officer. The statement shall include:

(A) The name and address of the chief petitioners.

(B) The name and address of the treasurer appointed under paragraph (a) of this subsection.

(C) A designation of the statewide initiative or referendum petition or the recall petition. The designation of the recall petition shall include the name of the officer whose recall is demanded.

(D) A statement of how the petitioners intend to solicit funds.

(2) Any change in the information required under subsection (1) of this section shall be indicated in an amended certification or an amended statement of organization filed not later than the 10th day after the change in information.

(3) Not later than the 15th day after the last day for filing a statewide initiative, referendum or any recall petition with the filing officer for verification of signatures, the [chief petitioners required to file a statement of organization] treasurer appointed under subsection (1) of this section shall file with the filing officer a statement described in subsection (5) of this section, whether or not the petition was completed or filed. The statement shall be filed even if the petition was withdrawn under ORS 250.029.

(4) Not later than the 15th day after the date an initiative or referendum petition that is not statewide is filed with the filing officer for verification of signatures, the chief petitioners of the initiative or referendum petition shall file with the filing officer a statement described in subsection (5) of this section.

(5) The statement referred to in subsections (3) and (4) of this section shall include the following information:

(a) The name and address of the chief petitioner.

(b) A designation of the initiative, referendum or recall petition. The designation of any recall petition shall include the name of the officer whose recall is demanded.

(c) A statement conforming to ORS 260.083 of contributions received and expenditures made. If the statement for a recall petition is filed [by a chief petitioner of a recall petition], the statement need only report the contributions received and the expenditures made by or on behalf of the chief petitioner and political committee the chief petitioner represents, if any, after the date on which the statement of contributions and expenditures required under ORS 249.865 is filed.

(6) For a statewide initiative or referendum petition or any recall petition, the accounting period for the statement required by subsection (5) of this section begins on the date that the name of the treasurer is certified to the filing officer under subsection (1) of this section. The accounting period ends on the deadline for submitting signatures for verification. For an initiative or referendum petition that is not statewide, the accounting period for the statement required by subsection (5) of this section begins on the date the prospective petition is filed and ends on the date that signatures are submitted for verification.

(7)(a) If a statement filed under this section for a statewide initiative or referendum petition or any recall petition that did not qualify for the ballot shows an unexpended balance of contributions or an expenditure deficit, and the chief petitioner's committee does not intend to support or oppose a measure that is on the subsequent general election ballot, a supplemental statement shall be filed annually not later than September 10.

(b) If a statement filed under this section for a statewide initiative or referendum petition or any recall petition that did not qualify for the ballot shows an unexpended balance of contributions or an expenditure deficit, and the chief petitioner's committee intends to support or oppose a measure that is on the subsequent general election ballot, that committee shall not file a supplemental statement in that year, but shall file the statements required under ORS 260.073. Supplemental statements shall be filed annually for each following year not later than September 10.

(c) 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.

(8) As used in this section, "contribution" and "expenditure" include a contribution or expenditure to or on behalf of an initiative, referendum or recall petition.

SECTION 12. ORS 260.200 is amended to read:

260.200. The Secretary of State shall:

(1) Prescribe a uniform system for accounts required by ORS 260.055.

(2) Prescribe forms for statements and other information required [by ORS 260.035, 260.044, 260.058, 260.063, 260.068, 260.073, 260.078, 260.083, 260.102, 260.112 and 260.118] under this chapter to be filed with filing officers, and furnish those forms to persons required to file those statements and other information.

SECTION 13. ORS 260.205 is amended to read:

260.205. (1) Except as provided in this subsection, a filing officer shall inspect each statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 not later than the 10th business day after the filing deadline or the 10th business day after the statement is filed, whichever is later. The statement required under ORS 260.068 (1)(d) and 260.073 (1)(d) shall be inspected not later than the 30th business day after the filing deadline or the 30th business day after the statement is filed, whichever is later.

(2) A filing officer immediately shall notify a person required to file a statement with the filing officer under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 if:

(a) Upon examination of relevant materials, it appears to the filing officer that the person has failed to file a required statement or that a statement filed with the filing officer by the person is insufficient; or

(b) A complaint is filed with the filing officer under subsection (3) of this section.

(3) An elector may file with a filing officer a complaint that a statement filed with the filing officer is insufficient or that a person has failed to file a required statement. The complaint shall be in writing, shall state in detail the reasons for complaint[, shall be sworn to by the complainant before a judge, justice of the peace, county clerk or notary public] and shall be filed with the filing officer not later than the 90th day after the date the statement of which it complains is filed or should have been filed.

SECTION 14. ORS 260.215 is amended to read:

260.215. (1) Not later than the third month after the date of a biennial primary election[, presidential preference primary election] or general election, each filing officer shall examine each statement relating to the election filed with the officer under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.083, 260.102 or 260.112 to determine whether the statement is sufficient. The filing officer may require any person to answer in writing and upon oath or affirmation before a judge, justice of the peace, county clerk or notary public any question within the knowledge of that person concerning the source of any contribution. The inquiry shall advise the person concerned of the penalty for failure to answer.

(2) Subsection (1) of this section applies in regard to a statement filed under ORS 260.118, except that the filing officer shall examine such a statement not later than the third month after the date the statement is filed.

SECTION 15. ORS 260.218 is amended to read:

260.218. (1) The Secretary of State may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine [the sufficiency of statements filed under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118] compliance with the provisions of this chapter.

(2) If a person fails to comply with any subpoena issued under subsection (1) of this section, a judge of the circuit court of any county, on application of the Secretary of State shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the circuit court.

SECTION 16. ORS 260.225 is amended to read:

260.225. (1) Upon the petition of the Secretary of State or an elector, or of any other filing officer with whom a report is required to be filed, the circuit court for the county in which the principal office of the filing officer is located may compel a candidate, treasurer or person who fails to file a statement required to be filed with the filing officer under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118, or who files with the filing officer an insufficient statement, to file with the filing officer a proper statement. The petition shall be filed with the circuit court not later than the 90th day after the date the statement is filed or should have been filed.

(2) If the court determines that a petition filed under this section is frivolous or the court does not compel the filing of any statement, the candidate, treasurer or person against whom the petition was filed is entitled to recover reasonable attorney fees at trial and on appeal.

SECTION 17. ORS 260.232 is amended to read:

260.232. (1) The Secretary of State may impose a civil penalty as provided in this section, in addition to any other penalty that may be imposed, for:

(a) Failure to file a statement or certificate required to be filed under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118.

(b) Failure to include in a statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 the information required under ORS 260.083, 260.102 or 260.118.

(2) If a person required to file has not filed a statement or certificate complying with applicable provisions of ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.078, 260.083, 260.085, 260.102, 260.112 or 260.118 within the time specified in ORS 260.058, 260.063, 260.068, 260.073, 260.078 or 260.118, the Secretary of State by certified mail shall notify the person that a penalty may be imposed and that the person has [seven] 20 days to request a hearing before the Secretary of State. If the person required to file is a candidate or the principal campaign committee of a candidate, the Secretary of State shall send the notice described in this subsection by certified mail to the individual who is the candidate and by first class mail to the candidate's treasurer or the treasurer of the candidate's principal campaign committee. The notice sent by certified mail to the individual who is a candidate shall be used for purposes of determining the deadline for requesting a hearing under subsection (3) of this section. The Secretary of State is not required to send two notices if the candidate serves as the [candidate's own] treasurer of the candidate's principal campaign committee.

(3) A hearing on whether to impose a civil penalty and to consider circumstances in mitigation shall be held by the Secretary of State:

(a) Upon request of the person against whom the penalty may be assessed, if the request is made not later than the [seventh] 20th day after the person received the notice sent under subsection (2) of this section;

(b) Upon request of the filing officer with whom a statement or certificate was required to be filed but was not filed; or

(4) A hearing under subsection (3) of 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 (3) 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.

(5) The Secretary of State shall issue an order not later than 90 days after a hearing or after the deadline for requesting a hearing if no hearing is held.

(6) The person against whom a penalty may be assessed need not appear in person at a hearing held under this section, but instead may submit written testimony and other evidence, subject to the penalty for false swearing, to the Secretary of State for entry in the hearing record. Such documents must be received by the secretary not later than three business days before the day of the hearing.

(7) A civil penalty imposed under this section shall be not more than:

(a) $10,000 for failure to file a statement or certificate required to be filed under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118;

(b) $10,000 for each failure to include in a statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 the information required under ORS 260.083, 260.102 or 260.118; or

(8) The Secretary of State, upon a showing of mitigating circumstances, may reduce the amount of the penalty described in subsection (7) of this section.

(9) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.090.

SECTION 18. ORS 260.241 is amended to read:

260.241. (1) Despite delay in the filing of statements relating to a candidate's nomination required to be filed under ORS 260.058 or in the filing of a certificate in lieu of the statement required by ORS 260.058, the candidate's name shall appear on the general election ballot if those statements are filed before the 61st day before the general election.

(2) A candidate's name shall not be placed on the general election ballot if the statements referred to in subsection (1) of this section are not filed before the 61st day before the general election.

(3) If the statements referred to in subsection (1) of this section are not filed by the 68th day before the general election, the filing officer by mail shall notify the person required to file the statements that the candidate's name may not be placed on the general election ballot. The filing officer shall send the notice described in this subsection by certified mail to the individual who is the candidate and by first class mail to the candidate's treasurer or the treasurer of the candidate's principal campaign committee. The filing officer is not required to send two notices if the candidate serves as the [candidate's own] treasurer of the candidate's principal campaign committee.

SECTION 19. 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] that total $100 or more to any one person and a list of all contributions of more than $50. [:]

[(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.]

SECTION 20. ORS 260.407 is amended to read:

260.407. (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;

(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 21. 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 [(21)] (20) and 260.735.

SECTION 22. 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 who expects neither the aggregate contributions to be received nor the aggregate expenditures to be made by or on behalf of the candidate or political committee to exceed [$500] $2,000 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, not sooner than the date that the political 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 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] $2,000, 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] $2,000 is filed. The filed statement shall reflect all contributions received and expenditures made by or on behalf of the candidate or political 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 23. 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 biennial [or presidential preference] primary election or at any election other than the general election, or a candidate's principal campaign committee at the biennial [or presidential preference] 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] $2,000 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 24. 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] 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 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] $2,000 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) 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.

SECTION 25. 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 biennial 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 biennial primary election. For a candidate not nominated at the biennial 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 biennial 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 biennial 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] $2,000 because of contributions received after the ninth day and before the day preceding the day 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] $2,000 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 26. 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 biennial 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.

(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] $2,000 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) 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.

SECTION 27. ORS 316.102 is amended to read:

316.102. (1) A credit against taxes shall be allowed for voluntary contributions in money made in the taxable year:

(a) To a major political party qualified under ORS 248.006 or to a committee thereof or to a minor political party qualified under ORS 248.008 or to a committee thereof.

(b) [Except as provided in subsection (4) of this section,] To or for the use of a person who must be a candidate for nomination or election to a federal, state or local elective office in any biennial primary election, [presidential preference primary election,] general election or special election in this state. The person must, in the calendar year in which the contribution is made, either be listed on a biennial primary election, [presidential preference primary election,] general election or special election ballot in this state or have filed in this state one of the following:

(A) A prospective petition;

(B) A declaration of candidacy;

(D) A designation of a principal campaign committee.

(c) To a political committee, as defined in ORS 260.005, [organized and operated exclusively to support or oppose ballot measures or questions to be voted upon within this state] if the political committee has certified the name of its treasurer to the filing officer, as defined in ORS 260.005, in the manner provided in ORS chapter 260.

(2) The credit allowed by subsection (1) of this section shall be the lesser of:

(a) The total contribution, not to exceed $50 on a separate return; the total contribution, not to exceed $100 on a joint return; or

(b) The tax liability of the taxpayer.

(3) The claim for tax credit shall be substantiated by submission, with the tax return, of official receipts of the candidate, agent, political party or committee thereof or political committee to whom contribution was made.

[(4) A credit against taxes shall not be allowed under this section for voluntary contributions of money made in the taxable year to a candidate for statewide office or the office of state Senator or state Representative if the candidate has not filed a declaration of limitation on expenditures under ORS 260.180 for each election at which the candidate is a candidate for nomination or election indicating that the candidate will not make attributable expenditures in excess of the applicable limitations described in ORS 260.180.]

[(5) As used in this section, "statewide office" means the office of Governor, Secretary of State, State Treasurer, Attorney General, Superintendent of Public Instruction and Commissioner of the Bureau of Labor and Industries.]

SECTION 27a. If Senate Bill 946 becomes law, section 33, chapter [In committee upon adjournment], Oregon Laws 1999 (Enrolled Senate Bill 946) (amending ORS 316.102), is repealed.

SECTION 28. ORS 254.056 is amended to read:

254.056. (1) The general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year. At the general election officers of the state and subdivisions of the state, members of Congress and electors of President and Vice President of the United States as are to be elected in that year shall be elected.

(2) The biennial primary election shall be held on the third Tuesday in May of each even-numbered year. At the primary election precinct committeepersons shall be elected and major political party candidates [other than candidates for President of the United States] shall be nominated for offices to be filled at the general election held in that year.

[(3) The presidential preference primary election shall be held on the second Tuesday in March of each year in which electors of the President and Vice President of the United States are to be elected. At the presidential preference primary election, electors may vote for candidates for nomination for President of the United States.]

SECTION 29. ORS 246.270 is amended to read:

246.270. On the day of any biennial primary election, [presidential preference primary election,] general election or special election held throughout the county, the county clerk's office shall remain open for business pertaining to the election while the polls are open.

SECTION 30. ORS 246.410 is amended to read:

246.410. (1) Not later than January 31 of each even-numbered year, the county clerk shall divide all precincts having more than 750 electors. A precinct located in a single multiple dwelling may have more than 750 electors. The county clerk shall fix the boundaries of the precincts and designate the precincts by numbers or names.

(2) The county clerk, not later than the 30th day before an election, may create, combine or divide one or more precincts in which voting machines or vote tally systems are used. The number of electors to be included in a precinct shall not exceed 2,000.

(3) At any election other than a biennial primary election[, presidential preference primary election] or general election, the county clerk, not later than the 30th day before the election, may combine two or more precincts for the election. In combining precincts, the county clerk shall consider the convenience of the elector. No combination of precincts shall number more than 2,000 electors.

(4) Subject to the limitations of subsection (1) of this section, at any time after June 1 of each even-numbered year and before the next general election, the county clerk shall make such other changes in the boundaries of precincts as are necessary or convenient for voting purposes.

SECTION 31. ORS 246.560 is amended to read:

246.560. (1) No voting machine shall be approved by the Secretary of State unless it is constructed so that it:

(a) Secures to the elector secrecy of voting.

(b) Provides facilities for voting for the candidates of as many political parties or organizations as may make nominations and for or against as many measures as may be submitted.

(c) Permits the elector to vote for any person and as many persons for an office and upon any measure for which the elector has the right to vote.

(d) Permits the elector, except at a biennial [and presidential preference] primary [elections] election, to vote for all the candidates of one party or in part for the candidates of one party and in part for the candidates of one or more other parties.

(e) Correctly records on a separate ballot the votes cast by each elector for any person and for or against any measure.

(f) Provides that a vote for more than one candidate cannot be cast by one single operation of the voting machine or vote tally system except for President and Vice President and electors for those offices.

(g) Provides that straight party pointers shall be disconnected from all candidate pointers.

(2) A vote tally system shall be:

(a) Capable of correctly counting votes on ballots on which the proper number of votes have been marked or punched for any office or measure that has been voted.

(b) Capable of ignoring the votes marked or punched for any office or measure where more than the allowable number of votes have been marked or punched, but shall correctly count the properly voted portions of the ballot.

(c) Capable of accumulating a count of the specific number of ballots tallied for a precinct, accumulating total votes by candidate for each office, and accumulating total votes for and against each measure of the ballots tallied for a precinct.

(d) Capable of tallying votes from ballots of different political parties, from the same precinct, in a biennial [or presidential preference] primary election.

(e) Capable of accommodating the procedure established under ORS 254.155.

(f) Capable of automatically producing precinct totals in either printed, marked, or punched form, or combinations thereof.

SECTION 32. ORS 247.203 is amended to read:

247.203. An elector who updates a registration during the period extending from the 20th day before a biennial [or presidential preference] primary election to the date of the biennial [or presidential preference] primary election may not, during that period:

(1) Change the elector's political party affiliation if the elector's immediate past registration record shows the elector was or is registered as affiliated with a political party.

(2) Terminate affiliation with a political party if the elector's immediate past registration record shows the elector was or is registered as affiliated with a political party.

(3) Adopt a political party affiliation if the elector's immediate past registration shows that the elector was not or is not registered as affiliated with a political party.

SECTION 32a. ORS 247.296, as amended by section 63, chapter 59, Oregon Laws 1999 (Enrolled Senate Bill 564), is amended to read:

247.296. (1) The county clerk shall use records of the United States Postal Service relating to ballots issued by mail to verify the accuracy of addresses of electors contained in the registration file of the county clerk.

(2) Based on information obtained under subsection (1) of this section, the county clerk shall automatically update the registration of an elector under ORS 247.292 or mail a notice described in ORS 247.563.

(3) The registration of an elector shall not be canceled or moved to an inactive file during the 90-day period prior to any biennial [or presidential preference] primary or general election based on information obtained under this section.

SECTION 33. ORS 247.410 is amended to read:

247.410. A person who is qualified to register, except that the person will have resided in this state less than 20 days before the election, may vote in the election for candidates for nomination or election for President or Vice President of the United States or elector of President and Vice President of the United States if the person:

(1) Did not vote for the nomination of such candidates in another state during the six months immediately preceding the person's request for registration to vote for the nomination of such candidates in the [presidential preference] biennial primary election in this state; or

(2) Did not vote for the election of such candidates in another state during the six months immediately preceding the person's request for registration to vote for the election of such candidates in the general election in this state.

SECTION 34. ORS 247.435 is amended to read:

247.435. An elector of this state who moves to another state after the 31st day before a [presidential preference] biennial primary or general election for President or for electors of President and Vice President, and who does not qualify to vote in the state of the elector's present residence, may vote for these offices in the [presidential preference] biennial primary or general election in this state. If voting in person, the elector must obtain a certificate of registration marked "Presidential only." If voting by absentee ballot, the elector must apply for an absentee ballot that will be marked "Presidential only."

SECTION 35. ORS 247.940 is amended to read:

247.940. (1) Not later than the 21st day before any biennial primary election, [presidential preference primary election,] general election or special congressional election, a major political party qualified under ORS 248.006 or its affiliate within the county or a minor political party qualified under ORS 248.008 may request from the county clerk a list of active electors, as described in ORS 247.013, of the county. The list shall contain the name, party affiliation, residence or mailing address and precinct name or number of each active elector and shall be arranged in groups by election precinct. A major political party or its affiliate within the county or a minor political party may make no more than two separate requests under this subsection.

(2) If the county clerk receives a request under subsection (1) of this section, the clerk shall deliver the list not later than:

(a) Ten days after receiving the request; or

(b) The date requested, provided that the date requested is more than 10 days after the request was made and at least 10 days before the date of any biennial primary election, [presidential preference primary election,] general election or special congressional election.

(3) The county clerk shall not charge for preparation or delivery of the list supplied under this section.

SECTION 36. ORS 247.945 is amended to read:

247.945. (1) The county clerk, upon request before the 45th day before a biennial [or presidential preference] primary, general or special election, shall deliver to any person a list of electors. The lists shall be prepared in the manner requested, limited only to the capabilities of the Secretary of State or the county clerk.

(2) The county clerk shall collect and pay into the county treasury a charge for the actual cost of supplying lists under subsection (1) of this section.

(3) The county clerk shall keep a record of all persons to whom a list of electors is delivered under this section.

SECTION 37. ORS 249.037 is amended to read:

249.037. (1) A nominating petition or declaration of candidacy shall be filed not sooner than the 250th day and not later than the 70th day before the date of the biennial primary election.

(2) Notwithstanding subsection (1) of this section, a declaration of candidacy for the office of precinct committeeperson shall not be filed before February 1 immediately preceding the biennial primary election.

[(3) Subsection (1) of this section does not apply to a nominating petition for President of the United States filed under ORS 249.078.]

SECTION 38. ORS 249.078 is amended to read:

249.078. (1) The name of a candidate for a major political party nomination for President of the United States shall be printed on the ballot or ballot label only:

(a) By direction of the Secretary of State who in the secretary's sole discretion has determined that the candidate's candidacy is generally advocated or is recognized in national news media; or

(b) By nominating petition described in this section and filed with the Secretary of State.

(2) A petition nominating a candidate under this section shall contain from each congressional district the signatures of at least 1,000 electors who are registered in the district and who are members of the major political party of the candidate. The electors in each congressional district shall include electors registered in at least one-tenth of the precincts in each of at least one-fourth of the counties in the congressional district. The petition shall contain the printed name, residence address and name or number of the precinct, if known, of each elector whose signature appears on the petition. The signatures shall be certified for genuineness by the county clerks under ORS 249.008. Before circulating the petition, the chief sponsor shall file with the Secretary of State a signed copy of the prospective petition. The chief sponsor shall include with the prospective petition a statement declaring whether one or more persons will be paid money or other valuable consideration for obtaining signatures of electors on the petition. After the prospective petition is filed, the chief sponsor shall notify the Secretary of State not later than the 10th day after the chief sponsor first has knowledge or should have had knowledge that:

(a) Any person is being paid for obtaining signatures, when the statement included with the prospective petition declared that no such person would be paid.

(b) No person is being paid for obtaining signatures, when the statement included with the prospective petition declared that one or more such persons would be paid.

[(3) A nominating petition under this section shall be filed not sooner than the 250th day and not later than the 70th day before the date of the presidential preference primary election.]

SECTION 39. ORS 249.722 is amended to read:

249.722. (1) Except as provided in [subsections (3) and (4)] subsection (3) of this section, a certificate of nomination of a candidate for public office shall be filed not sooner than the 15th day after the date of the biennial primary election and not later than the 70th day before the date of the general election.

(2) A certificate of nomination of a candidate for:

(a) State office, United States Senator or Representative in Congress shall be filed with the Secretary of State.

(b) County office shall be filed with the county clerk.

[(3) A certificate of nomination of a candidate for elector of President and Vice President of the United States shall be filed not sooner than the 15th day after the date of the presidential preference primary election and not later than the 70th day before the date of the general election.]

[(4)] (3) For a special election, including an election to fill a vacancy that occurs after the 70th day before the general election, the Secretary of State by rule may adopt a schedule specifying the period within which a certificate of nomination must be filed. If the Secretary of State does not adopt a rule under this subsection, a certificate of nomination must be filed before the 61st day preceding the election.

SECTION 40. ORS 251.065, as amended by section 10, chapter 318, Oregon Laws 1999 (Enrolled Senate Bill 368), is amended to read:

251.065. (1) Not later than the 68th day before the biennial primary election, any candidate or agent on behalf of the candidate for nomination or election at the biennial primary election to the office of President or Vice President of the United States, United States Senator, Representative in Congress or any state office as defined in ORS 249.002 may file with the Secretary of State a portrait of the candidate and a printed or typewritten statement of the reasons the candidate should be nominated or elected. A candidate or agent on behalf of the candidate for nomination or election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under section 8, chapter 318, Oregon Laws 1999 (Enrolled Senate Bill 368) [of this 1999 Act].

(2) Not later than the 70th day before the general election, any candidate or agent on behalf of the candidate for election at the general election to the office of President or Vice President of the United States, United States Senator, Representative in Congress or any state office as defined in ORS 249.002 may file with the Secretary of State a portrait of the candidate and a printed or typewritten statement of the reasons the candidate should be elected. A candidate or agent on behalf of the candidate for election to any county or city office, or to an elected office of a metropolitan service district organized under ORS chapter 268, may file a portrait and statement under this subsection if permitted under section 8, chapter 318, Oregon Laws 1999 (Enrolled Senate Bill 368) [of this 1999 Act].

(3) In the case of a special election to fill a vacancy as described in section 6, chapter 318, Oregon Laws 1999 (Enrolled Senate Bill 368) [of this 1999 Act], the Secretary of State by rule shall set the deadline for filing with the secretary a portrait of the candidate and a printed or typewritten statement of the reasons the candidate should be nominated or elected.

(4) Subject to subsections (1) to (3) of this section, the Secretary of State by rule shall establish the format of the statements permitted under this section.

(5) A portrait or statement filed under this section shall be accompanied by a telephone or electronic facsimile transmission machine number where the candidate may be contacted for purposes of ORS 251.087.

SECTION 41. ORS 251.165, as amended by section 14, chapter 318, Oregon Laws 1999 (Enrolled Senate Bill 368), is amended to read:

251.165. (1) The Secretary of State shall prepare:

(a) A list of the names of candidates for nomination or election at the biennial primary election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under section 8, chapter 318, Oregon Laws 1999 (Enrolled Senate Bill 368) [of this 1999 Act], or a list of names of candidates for election at the general election to the offices of President or Vice President of the United States, United States Senator, Representative in Congress, any state office other than justice of the peace and any county or city office or elected office of a metropolitan service district required to be included under section 8, chapter 318, Oregon Laws 1999 (Enrolled Senate Bill 368) [of this 1999 Act], along with a designation of the offices for which the candidates are competing;

(b) All portraits and statements filed under ORS 251.065 and 251.115; and

(c) The information specified in ORS 251.185 relating to measures to be voted upon at the election for which the pamphlet is prepared.

(2) For a special election described in section 6, chapter 318, Oregon Laws 1999 (Enrolled Senate Bill 368) [of this 1999 Act], the Secretary of State shall prepare a list of the names of candidates for nomination or election to the offices of United States Senator or Representative in Congress along with all portraits and statements filed for the special election under ORS 251.065.

(3) The items specified in subsections (1) and (2) of this section shall be properly compiled, edited, prepared and indexed for printing by the Secretary of State before delivery to the printer.

SECTION 42. ORS 253.030 is amended to read:

253.030. (1) Before an election any elector may apply to the clerk for the absentee ballot of the election.

(2) An application for an absentee ballot must:

(a) Be in writing and signed by the applicant; and

(b) Be received by the clerk not later than 8 p.m. the day of the election.

(3) If an applicant not affiliated with any political party desires to vote in any major political party biennial [or presidential preference] primary election, the applicant may request and shall be sent a ballot for a major political party if that political party has provided under ORS 254.365 for a biennial [or presidential preference] primary election that admits electors not affiliated with any political party.

(4) Application for an absentee ballot may be made by using a facsimile machine. As used in this subsection, "facsimile machine" means a machine that electronically transmits or receives facsimiles of documents through connection with a telephone network.

(5) If an elector desires, the elector's application shall be valid for every subsequent election until the elector otherwise notifies the clerk or is no longer an elector of the county.

SECTION 43. ORS 253.540 is amended to read:

253.540. (1) Any long term absent elector may secure an absentee ballot by submitting an application as specified in subsection (2) of this section to the clerk of the county of the long term absent elector's residence, or to the Secretary of State. If the application is addressed to the Secretary of State, the secretary shall forward it to the appropriate county clerk.

(2) An application for an absentee ballot by a long term absent elector shall be made in the form of a written request. The application shall be valid for every subsequent election until the elector otherwise notifies the clerk or is no longer an elector of the county. The application shall be signed by the applicant and contain:

(a) The name and current mailing address of the applicant;

(b) A statement that the applicant is a citizen of the United States;

(d) A statement that for more than 20 days preceding the election the applicant's home residence has been in this state, and giving the address of the last home residence;

(e) A statement of the facts that qualify the applicant as a long term absent elector or as the spouse or a dependent of a long term absent elector;

(f) A statement that the applicant is not requesting a ballot from any other state and is not voting in any other manner in the election except by the requested absentee ballot; and

(g) If the applicant desires to vote in a biennial [or presidential preference] primary election, a designation of the applicant's political party affiliation or a statement that the applicant is not affiliated with any political party. An applicant not affiliated with any political party may request a ballot for a major political party. The applicant shall be sent the ballot for the political party that the applicant requested if that political party has provided under ORS 254.365 for a biennial [or presidential preference] primary election that admits electors not affiliated with any political party.

SECTION 44. ORS 253.565 is amended to read:

253.565. (1) Any long term absent elector may secure a special absentee ballot for a biennial primary election[, presidential preference primary election] or general election by making an application under this section if the elector believes that:

(a) The elector will be residing, stationed or working outside the territorial limits of the United States and the District of Columbia; and

(b) The elector will be unable to vote and return a regular absentee ballot by normal mail delivery within the period provided for regular absentee ballots.

(2) A long term absent elector shall make the application for a special absentee ballot in the form of a written request. The elector shall submit the application before the date of the applicable election to the clerk of the county of the long term absent elector's residence or to the Secretary of State. If the application is addressed to the Secretary of State, the secretary shall forward it to the appropriate county clerk. The application shall be signed by the applicant and contain:

(a) The name and current mailing address of the applicant;

(b) A designation of the election for which the applicant requests a special absentee ballot;

(d) A statement that the applicant will be 18 years of age or older on the date of the election;

(e) A statement that for more than 20 days preceding the election the applicant's home residence has been in this state, and giving the address of the last home residence;

(f) A statement of the facts that qualify the applicant as a long term absent elector or as the spouse or a dependent of a long term absent elector;

(g) A statement of the facts that qualify the applicant to vote by means of a special absentee ballot;

(h) A statement that the applicant is not requesting a ballot from any other state and is not voting in any other manner in the election except by the requested special absentee ballot; and

(i) If the applicant requests a ballot for a biennial [or presidential preference] primary election, a designation of the applicant's political party affiliation or a statement that the applicant is not affiliated with any political party. An applicant not affiliated with any political party may request a ballot for a major political party. The applicant shall be sent the ballot for the political party that the applicant requested if that political party has provided under ORS 254.365 for a biennial [or presidential preference] primary election that admits electors not affiliated with any political party.

(3) An application for a special absentee ballot shall be valid only for the election specified in the application.

(4) The county clerk shall list on the special absentee ballot the offices and measures scheduled to appear on the regular ballot, if known when the ballot is prepared, and provide space in which the elector may write in the elector's preference.

(5) The elector may write in the name of any eligible candidate for each office to be filled or for which nominations will be made at the election, and may vote on any measure submitted at the election.

SECTION 45. ORS 254.016 is amended to read:

254.016. Any biennial primary election, [presidential preference primary election,] general election or special election held in this state shall be conducted under the provisions of this chapter, unless specifically provided otherwise in the statute laws of this state.

SECTION 46. ORS 254.025 is amended to read:

254.025. (1) Statutes applicable to biennial primary elections [and presidential preference primary elections] shall be construed as though the primary elections are separate elections for each major political party nominating candidates.

(2) The biennial primary elections [and presidential preference primary elections] shall be conducted as nearly as possible according to the theory expressed in the preamble to chapter 1, Oregon Laws 1905.

SECTION 47. ORS 254.076 is amended to read:

254.076. The chief elections officer shall keep a register of candidates for nomination at the biennial [or presidential preference] primary election. The register, if applicable, shall contain for each major political party:

(1) The title of each office for which the major political party will nominate candidates at the biennial [or presidential preference] primary election.

(2) The name and mailing address of each candidate for nomination at the biennial [or presidential preference] primary election.

(3) The name of the major political party with which the candidate is registered as affiliated.

(4) The date of filing of the prospective petition for nomination of the candidate.

(5) The date of filing of the completed petition for nomination of the candidate, the number of valid signatures contained and the number of signatures required.

(6) The date of filing of the declaration of candidacy of the candidate.

(7) Such other information as may aid the chief elections officer in arranging the official ballot or ballot label for the biennial [or presidential preference] primary election.

SECTION 48. ORS 254.115 is amended to read:

254.115. (1) The official biennial primary election ballot or ballot label shall be styled "Official Biennial Primary Nominating Ballot for the ___ Party." and shall state:

(a) The number or name of the precinct and county for which it is intended.

(b) The date of the biennial primary election.

(c) The names of all candidates for nomination at the biennial primary election whose nominating petitions or declarations of candidacy have been made and filed, and who have not died, withdrawn or become disqualified.

(d) The names of candidates for election as precinct committeeperson.

(e) The names of candidates for the party nomination for President of the United States who qualified for the ballot under ORS 249.078.

(2) The biennial primary election ballot may include any city, county or nonpartisan office or the number, ballot title and financial estimates under ORS 250.125 of any measure.

(3) The ballot shall not contain the name of any person other than those referred to in subsections (1) and (2) of this section. The name of each candidate for whom a nominating petition or declaration of candidacy has been filed shall be printed on the ballot in but one place. In the event that two or more candidates for the same nomination or office have the same or similar surnames, the location of their places of residence shall be printed opposite their names to distinguish one from another.

SECTION 49. ORS 254.195 is amended to read:

254.195. (1) Official ballots and ballot labels shall be printed in black ink upon good quality material. The biennial [or presidential preference] primary election ballots or ballot labels shall be of different colors for the major political parties.

(2) Sample ballots shall be prepared for the information of the elector. The sample ballot shall contain the offices, candidates, measures and other information on the ballots or ballot labels of the precincts for which the sample ballot is issued. The sample ballot need not contain the office of, or candidates for, precinct committeeperson. The sample ballots shall be identified as such, and printed on cheaper, colored paper to distinguish them from official ballots. A sample ballot shall not be voted or counted.

(3) The governing body of a city, county or district may mail sample ballots to all electors within the city, county or district to assist the electors' preparation for voting.

SECTION 50. ORS 254.205 is amended to read:

254.205. (1) For any election conducted at polling places, the county clerk shall produce a facsimile, except as to size, of the ballot in a manner described in this section. For any biennial [or presidential preference] primary election, a facsimile of the ballot shall include the ballot of each major political party.

(2) The facsimile shall be:

(a) Published or inserted in one or more newspapers as described in subsection (3) of this section; or

(b) Distributed to each residential postal mailing address within the electoral district for which the election is being held.

(3) If the facsimile is published or inserted in a newspaper:

(a) The facsimile shall be published or inserted not later than the fourth day nor earlier than the 15th day before the election.

(b) The facsimile shall be published or inserted in at least one issue of one newspaper in each county with a population of less than 10,000, or in each county in which no more than one newspaper is published. The facsimile shall be published or inserted in at least one issue of two newspapers in each county with a population of 10,000 or more in which more than one newspaper is published. The county governing body, at the first regular meeting each year, shall select the newspaper or newspapers of general circulation in the county in which the facsimile shall be published or inserted and shall notify the county clerk of the selection.

(c) The county governing body may require publication or insertion of the facsimile in additional newspapers and shall select the newspapers at the same time as provided in paragraph (b) of this subsection. The county governing body shall notify the county clerk of any additional selections.

(d) The facsimile shall not be published in any newspaper unless the newspaper agrees that no paid political advertisement shall be placed on the same page as the facsimile or on the page facing the facsimile. If a newspaper selected under paragraph (b) or (c) of this subsection does not so agree, the county governing body shall select another newspaper in the county with as nearly as possible the same qualifications for the publication of the facsimile.

(4) A facsimile distributed to each residential post office mailing address within the electoral district for which the election is being held shall have postage prepaid and shall be considered to give notice when mailed. Facsimile ballots mailed under this subsection shall be mailed not sooner than the 15th day nor later than the 10th day before the election. Proof of mailing shall be by affidavit of the county clerk.

(5) A facsimile printed in a county voters' pamphlet prepared and distributed in accordance with ORS chapter 251 shall be considered to satisfy the requirements of this section.

(6) As used in this section, "electoral district" means a county, city or district.

SECTION 51. ORS 254.365 is amended to read:

254.365. (1) An elector shall not be qualified or permitted to vote at any biennial [or presidential preference] primary election for any candidate of a major political party, and it shall be unlawful for the elector to offer to do so, unless:

(a) The elector is registered as being affiliated with one of the major political parties nominating or electing its candidates for public office at the biennial [or presidential preference] primary election; or

(b) The elector is registered as not being affiliated with any political party and wishes to vote in the biennial [or presidential preference] primary election of a major political party that has provided under subsection (3) of this section for a biennial [or presidential preference] primary election that admits electors not affiliated with any political party.

(2) Except as provided in ORS 254.470 (4), any elector offering to vote at the biennial [or presidential preference] primary election shall be given a ballot of the major political party with which the elector is registered as being affiliated. The elector shall not be given a ballot of any other political party at that biennial [or presidential preference] primary election. An elector not affiliated with any political party and offering to vote at the biennial [or presidential preference] primary election shall be given the ballot of the major political party in whose biennial [or presidential preference] primary election the elector wishes to vote if that party has provided under subsection (3) of this section for a biennial [or presidential preference] primary election that admits electors not affiliated with any political party. An elector not affiliated with any political party who is given a ballot of the major political party associates with the party for the purpose of voting in that biennial [or presidential preference] primary election.

(3) Not later than the 90th day before the date of the biennial [or presidential preference] primary election, a major political party may file with the Secretary of State a certified copy of the current party rule allowing an elector not affiliated with any political party to vote in the party's biennial [or presidential preference] primary election. The party shall not repeal the rule as filed during the 90 days before the biennial [or presidential preference] primary election. The rule shall continue to be effective after the date of the biennial [or presidential preference] primary election until the party gives written notice to the Secretary of State that the rule has been repealed. A party rule under this subsection may limit the candidates for whom an elector who is not affiliated with any political party may vote. The party rule shall, however, allow any elector who is permitted to vote for the most numerous branch of the Legislative Assembly to also vote in federal legislative elections, consistent with section 2, Article I, and the Seventeenth Amendment to the United States Constitution.

(4) If the biennial [or presidential preference] primary election ballot includes city, county or nonpartisan offices or measures, and it is given to an elector who is not eligible to vote for party candidates, the ballot shall be marked "limited."

SECTION 52. ORS 254.370 is amended to read:

254.370. The county clerk shall maintain:

(1) A monthly registration record of all electors registered as not being affiliated with any political party;

(2) At each biennial [or presidential preference] primary election, a record of the number of electors who voted from each major political party;

(3) A record of all electors registered as not being affiliated with any political party who vote in a biennial [or presidential preference] primary election of a major political party that has provided under ORS 254.365 for a biennial [or presidential preference] primary election that admits electors not affiliated with any political party; and

(4) A record of all electors registered as not being affiliated with any political party who vote in the general election.

SECTION 53. ORS 254.465, as amended by section 1, chapter 3, Oregon Laws 1999, is amended to read:

254.465. The following rules apply to elections conducted by mail:

[(1) A presidential preference primary election described in ORS 254.056 shall be conducted by mail in all counties, under the supervision of the Secretary of State.]

[(2)] (1) An election held on the date of the biennial primary or general election shall be conducted by mail.

[(3)] (2) A state election not described in [subsections (1) or (2)] subsection (1) of this section may be conducted by mail. The Secretary of State by rule shall direct that a state election authorized to be conducted by mail under this subsection be conducted uniformly by mail or at polling places.

[(4)] (3) A county clerk may conduct an election not described in subsections (1) [to (3)] and (2) of this section by mail in the county, in a city or in a district defined in ORS 255.012, under the supervision of the Secretary of State. In deciding to conduct an election by mail, the county clerk may consider requests from the governing body of the county, city or district and shall consider whether conducting the election by mail will be economically and administratively feasible.

[(5)] (4) The Secretary of State shall adopt rules to provide for uniformity in the conduct of state elections by mail.

SECTION 54. ORS 254.470, as amended by section 57, chapter 410, Oregon Laws 1999 (Enrolled Senate Bill 1178), is amended to read:

254.470. (1) An election by mail shall be conducted as provided in this section. The Secretary of State may adopt rules governing the procedures for conducting an election by mail.

(2) When conducting an election by mail, the county clerk may designate the county clerk's office or one central location in the electoral district in which the election is conducted as the single place to obtain a replacement ballot under subsection (9) of this section. The Secretary of State by rule shall establish requirements and criteria for the designation of places of deposit for the ballots cast in the election. The places designated under this section shall be open on the date of the election for a period, determined by the county clerk, of eight or more hours, but must be open until at least 8 p.m.

(3)(a) Except as provided in paragraph (b) or (c) of this subsection, the county clerk shall mail by nonforwardable mail an official ballot with a return identification envelope and a secrecy envelope not sooner than the 20th day before the date of an election conducted by mail and not later than the 14th day before the date of the election, to each active elector of the electoral district as of the 21st day before the date of the election.

(b) Notwithstanding paragraph (a) of this subsection, the Secretary of State by rule shall specify the date on which all ballots shall be mailed for any state election conducted by mail under ORS 254.465 (3).

(c) Notwithstanding paragraph (a) of this subsection, in the case of ballots to be mailed to addresses outside this state to electors who are not long-term absent electors, the county clerk may mail the ballots not sooner than the 29th day before the date of the election.

(4) For an election held on the date of a biennial [or presidential preference] primary election:

(a) The county clerk shall mail the official ballot of a major political party to each elector who is registered as being affiliated with the major political party as of the 21st day before the date of the election.

(b) An elector not affiliated with any political party shall be mailed the ballot of a major political party in whose biennial [or presidential preference] primary election the elector wishes to vote if the elector has applied for the ballot as provided in this subsection and that party has provided under ORS 254.365 for a biennial [or presidential preference] primary election that admits electors not affiliated with any political party.

(c) An elector not affiliated with any political party who wishes to vote in the biennial [or presidential preference] primary election of a major political party shall apply to the county clerk in writing. Except for electors described in subsection (5) of this section, and subject to ORS 247.203, the application must be received by the clerk not later than 5 p.m. of the 21st day before the date of the election.

(d) If the biennial [or presidential preference] primary election ballot includes city, county or nonpartisan offices or measures, an elector not eligible to vote for party candidates shall be mailed a ballot limited to those offices and measures for which the elector is eligible to vote.

(5) For each elector who updates a voter registration after the deadline in ORS 247.025, the county clerk shall make the official ballot, the return identification envelope and the secrecy envelope available by mail at the county clerk's office or at another place designated by the county clerk. An elector to whom this subsection applies must request a ballot from the county clerk. The elector shall mark the ballot, sign the return identification envelope, comply with the instructions provided with the ballot and return the ballot in the return identification envelope to the county clerk.

(6) Notwithstanding subsection (3) or (4) of this section, replacement ballots need not be mailed after the fifth day before the date of the election. A replacement ballot may be mailed or shall be made available in the office of the county clerk.

(7) The ballot or ballot label shall contain the following warning:

___________________________________________________________________

Any person who, by use of force or other means, unduly influences an elector to vote in any particular manner or to refrain from voting, is subject, upon conviction, to imprisonment or to a fine, or both.

___________________________________________________________________

(8) This subsection applies to an elector to whom subsection (3) or (4) of this section applies. Upon receipt of the ballot the elector shall mark it, sign the return identification envelope supplied with the ballot and comply with the instructions provided with the ballot. The elector may return the marked ballot to the county clerk by United States mail or by depositing the ballot at the office of the county clerk or any place of deposit designated by the county clerk. The ballot must be returned in the return identification envelope. If the elector returns the ballot by mail, the elector must provide the postage. A ballot must be received at the office of the county clerk or the designated place of deposit not later than the end of the period determined under subsection (2) of this section on the date of the election.

(9) An elector may obtain a replacement ballot if the ballot is destroyed, spoiled, lost or not received by the elector. The county clerk shall keep a record of each replacement ballot provided under this subsection.

(10) A ballot shall be counted only if:

(a) It is returned in the return identification envelope;

(b) The envelope is signed by the elector to whom the ballot is issued; and

(11) The county clerk shall verify the signature of each elector on the return identification envelope with the signature on the elector's registration card, according to the procedure provided by rules adopted by the Secretary of State. If the county clerk determines that an elector to whom a replacement ballot has been issued has voted more than once, the county clerk shall not count any ballot cast by that elector.

(12) At 8 p.m. on election day, electors who are at the clerk's office or a site designated under subsection (2) of this section and who are in line waiting to vote or deposit a voted ballot shall be considered to have begun the act of voting.

SECTION 54a. If House Bill 2001 becomes law, section 54 of this 1999 Act (amending ORS 254.470) is repealed and ORS 254.470, as amended by section 57, chapter 410, Oregon Laws 1999 (Enrolled Senate Bill 1178), and section 11, chapter 1002, Oregon Laws 1999 (Enrolled House Bill 2001), is amended to read:

254.470. (1) An election by mail shall be conducted as provided in this section. The Secretary of State may adopt rules governing the procedures for conducting an election by mail.

(3)(a) Except as provided in paragraphs (b), (c) and (d) of this subsection, the county clerk shall mail by nonforwardable mail an official ballot with a return identification envelope and a secrecy envelope not sooner than the 18th day before the date of an election conducted by mail and not later than the 14th day before the date of the election, to each active elector of the electoral district as of the 21st day before the date of the election.

(b) Notwithstanding paragraph (a) of this subsection, if the county clerk determines that an active elector of the electoral district as of the 21st day before the date of the election does not receive daily mail service from the United States Postal Service, the county clerk shall mail by nonforwardable mail an official ballot with a return identification envelope and a secrecy envelope to the elector not sooner than the 20th day before the date of an election conducted by mail and not later than the 18th day before the date of the election.

(c) Notwithstanding paragraph (a) of this subsection, the Secretary of State by rule shall specify the date on which all ballots shall be mailed for any state election conducted by mail under ORS 254.465 (3).

(d) Notwithstanding paragraph (a) of this subsection, in the case of ballots to be mailed to addresses outside this state to electors who are not long-term absent electors, the county clerk may mail the ballots not sooner than the 29th day before the date of the election.

(4) For an election held on the date of a biennial [or presidential preference] primary election:

(7) The ballot or ballot label shall contain the following warning:

___________________________________________________________________

(10) A ballot shall be counted only if:

(a) It is returned in the return identification envelope;

(b) The envelope is signed by the elector to whom the ballot is issued; and

SECTION 54b. If House Bill 2001 becomes law, section 4, chapter 1002, Oregon Laws 1999 (Enrolled House Bill 2001), is amended to read:

Sec. 4. (1) Notwithstanding ORS 254.465 (1) [and (2)], at each [presidential preference primary election,] biennial primary election and general election, the county clerk shall maintain voting booths in the county as follows:

(a) In each county with 35,000 or more electors in the county, the county clerk shall maintain a number of voting booths equal to at least one voting booth for every 20,000 electors in the county; and

(b) In each county with fewer than 35,000 electors in the county, the county clerk shall maintain at least one voting booth.

(2) The county clerk may determine the location of the voting booths required under this section.

SECTION 55. ORS 254.545 is amended to read:

254.545. The county clerk:

(1) As soon as possible after any election, shall prepare abstracts of votes using the tally and return sheets. The abstract for election of Governor shall be on a sheet separate from the abstracts for other offices and measures. One representative of each political party may attend the abstract proceedings.

(2) On completion of the abstracts, shall record a complete summary of votes cast in the county for each office, candidate for office and measure. The county clerk shall sign and seal this record. After the biennial [or presidential preference] primary election, the county clerk also shall enter in a register of nominations the name and major political party of each candidate nominated, the office for which the candidate is nominated, and the date of entry.

(3) Not later than the 20th day after the election, shall deliver a copy of the abstracts for other than county offices to the appropriate elections officials. The abstract for election of Governor shall be delivered separately to the Secretary of State as provided in section 4, Article V, Oregon Constitution.

(4) Not later than the 30th day after the election, shall proclaim which county measure is paramount, if two or more approved county measures contain conflicting provisions.

(5) Shall prepare and deliver a certificate of nomination or election to each candidate having the most votes for nomination for or election to county or precinct offices.

(6) Shall prepare, and file with the county governing body, a certificate stating the compensation to which the board clerks are entitled. The county governing body shall order the compensation paid by county funds.

SECTION 56. ORS 254.555 is amended to read:

254.555. (1) Not later than the 30th day after any election, the Secretary of State, regarding offices for which the secretary receives filings for nomination, shall:

(a) Canvass the votes for the offices, except the office of Governor after the general election.

(b) Enter in a register of nominations after the biennial [or presidential preference] primary election the name and, if applicable, major political party of each candidate nominated, the office for which the candidate is nominated, and the date of entry.

(c) Prepare and deliver a certificate of nomination or election to each candidate having the most votes for nomination for or election to the office. The Secretary of State shall sign the certificate under the seal of the state.

(d) Issue a proclamation declaring the election of candidates to the offices.

(2) Not later than the 30th day after the election:

(a) The Secretary of State, regarding measures for which the secretary as the filing officer, shall canvass the votes for each measure.

(b) The Governor shall issue a proclamation giving the number of votes cast for or against each such measure, and declaring the approved measures as the law on the effective date of the measure. If two or more approved measures contain conflicting provisions, the Governor shall proclaim which is paramount.

SECTION 57. ORS 255.295 is amended to read:

255.295. (1) Not later than the 20th day after the date of an election held on the same day as a biennial primary election[, presidential preference primary election] or general election, or not later than the 10th day after an election held on any other day, the county clerk shall prepare an abstract of the votes and deliver it to the district elections authority. Not later than the 30th day after receiving the abstract the district elections authority shall determine from it the result of the election.

(2) A certificate of election shall be issued by the county clerk only after the district elections authority has notified the county clerk in writing of the result of the election. The notification to the county clerk shall contain a statement indicating whether any candidate elected to district office is qualified to hold the office.

SECTION 58. 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 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 over which the candidate exercises any direction and control.

(4) Any candidate 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 economic and noneconomic damages, as defined in ORS 18.560, or $2,500, whichever is greater. The court may award such additional equitable relief as it considers necessary or proper. The equitable relief may include, but is not limited to, a requirement that a retraction of the false statement be disseminated in the manner directed by the court. Proof of entitlement to economic and noneconomic 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 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 committee as provided by subsection (4) of this section, the plaintiff may recover economic and noneconomic damages for all injury to the purpose of the committee as provided in subsection (5) of this section.

(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 biennial [or presidential preference] primary election 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 59. ORS 254.118, 260.160, 260.164, 260.168, 260.172, 260.178, 260.180, 260.182, 260.184, 260.188, 260.190, 260.192, 260.202, 260.265, 260.997 and 260.999 are repealed.

SECTION 59a. If Senate Bill 946 becomes law, section 21, chapter [In committee upon adjournment], Oregon Laws 1999 (Enrolled Senate Bill 946) (amending ORS 260.178), is repealed.

SECTION 59b. Sections 66, 67, 68, 69 and 70, chapter 59, Oregon Laws 1999 (Enrolled Senate Bill 564) (amending ORS 260.178, 260.180, 260.182, 260.184 and 260.265), are repealed.

SECTION 60. (1) Section 6 of this 1999 Act and the amendments to ORS 260.005, 260.007, 260.035, 260.039, 260.041, 260.044, 260.045, 260.058, 260.063, 260.068, 260.073, 260.083, 260.112, 260.118, 260.200, 260.205, 260.215, 260.218, 260.225, 260.232, 260.241, 260.255, 260.407 and 260.737 by sections 1 to 4 and 7 to 26 of this 1999 Act apply to:

(a) Statements, statement supplements or certificates required to be filed on or after the effective date of this 1999 Act;

(b) Contributions received and made, and expenditures made, on or after the effective date of this 1999 Act; and

(c) Violations of any provision of ORS chapters 246 to 260 or other activities occurring on or after the effective date of this 1999 Act.

(2) The amendments to ORS 316.102 by section 27 of this 1999 Act apply only to tax years beginning on or after January 1, 1999.

(3) 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.

(4) 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.

SECTION 61. Notwithstanding ORS 249.037, as amended by section 37 of this 1999 Act, a nominating petition filed by a candidate for a major political party nomination for President of the United States prior to the effective date of this 1999 Act for the presidential preference primary election scheduled to be held on the second Tuesday in March 2000 under ORS 254.065 (1997 Edition) shall be considered to have been filed for the biennial primary election to be held on the third Tuesday in May 2000.

Approved by the Governor August 20, 1999

Filed in the office of Secretary of State August 23, 1999

Effective date October 23, 1999

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