Chapter 260 — Campaign
Finance Regulation; Election Offenses
2011 EDITION
CAMPAIGN FINANCE REGULATION; OFFENSES
ELECTIONS
ELECTION CAMPAIGN FINANCE REGULATION
(Generally)
260.005 Definitions
260.007 Exclusions
from definitions of “contribution” and “expenditure”
(Treasurers, Statements of Organization
and Accounts)
260.035 Treasurer
and statement of organization for political committees and candidates; change
in information
260.037 Treasurers
for candidates; appointment; liability of candidate for default or violation
260.038 Treasurer
of more than one candidate or committee; replacement of treasurer
260.039 Content
of statement of organization of candidate or principal campaign committee
260.041 Principal
campaign committee
260.042 Content
of statement of organization of political committee
260.043 Exemptions
for candidate who expects neither contributions nor expenditures to exceed $750
260.044 Statement
of independent expenditures; when person considered political committee or
principal campaign committee
260.045 Contributions
received from out-of-state political committees; request for statement or
affidavit
260.046 Discontinuance
of statement of organization; rules
260.049 Reports
to be filed by certain corporations; rules
260.052 Political
committee identification number
260.054 Political
committee campaign account; petition committee petition account
260.055 Accounts
of contributions and expenditures; inspection; preservation; notice of intent
to discontinue statement of organization and close accounts
260.056 Written
loan agreements
(Statements of Contributions and
Expenditures)
260.057 Electronic
campaign finance filing system; schedule for filing; Internet availability;
exclusions; rules
260.064 In-kind
contribution from candidate, political committee or petition committee;
insufficient filing; updated information
260.076 Statements
of contributions received during session of Legislative Assembly
260.078 Reporting
contributions and expenditures not previously reported
260.083 Contents
of statements
260.085 Listing
of occupation of contributor; procedure when occupation is unknown
260.102 Statements
of persons reducing expenditure deficit
260.112 Filing
of certificate by candidate or treasurer of political committee or petition
committee who expects neither contributions nor expenditures to exceed $3,000;
schedule
260.118 Treasurer
and statement of organization of petition committee; filing electronic
statements of contributions and expenditures; schedule; rules
260.156 Rules
for reporting expenditures and contributions
260.163 County
or city campaign finance provisions
(Administration and Enforcement)
260.200 Secretary
of State rules for accounts, forms, material to be retained and material not
subject to disclosure
260.205 Inspection
of statements; notice of failure to file correct statements; complaints;
sufficiency of response
260.215 Periodic
examination and investigation of statements; random selection; documentation of
transactions; rules
260.218 Subpoena
authority
260.225 Court
proceedings to compel filing of correct statements; attorney fees
260.232 Civil
penalty for failure to file statement or to include required information;
notice
260.234 Notice
of civil penalty; sufficiency of response; timeline for action by filing
officer
260.241 Removal
from general election ballot for failure to file statement; notice to candidate
260.245 Withholding
certificate of election or certificate of nomination for failure to file
statement
260.255 Preservation
of filed statements by filing officers; maintenance of data filed
electronically; State Archivist rules
260.262 Accounts
of chief petitioners; review and inspection; retention; disclosure as public
record; rules
ELECTION OFFENSES
(Administration and Enforcement)
260.315 Distribution
of copies of law
260.345 Complaints
or other information regarding violations; action by Secretary of State and
Attorney General
260.351 Court
proceedings for election law violations, generally
260.355 Deprivation
of nomination or office for deliberate and material election violation
260.365 Election
or appointment after deprivation of nomination or office for violation
260.368 Investigations
of violations of prohibition on payment based on number of signatures obtained
on petition
(Particular Offenses)
260.402 Contributions
in false name
260.407 Use
of contributed amounts for certain purposes
260.409 Expenditures
for professional services rendered by candidate
260.422 Acceptance
of employment where compensation to be contributed
260.432 Solicitation
of public employees; activities of public employees during working hours
260.532 False
publication relating to candidate or measure; civil action; damages; other
remedies; limitation on action
260.550 Use
of term “incumbent”
260.555 Prohibitions
relating to circulation, filing or certification of initiative, referendum or
recall petition
260.556 Secretary
of State prohibited from counting petition signatures obtained by certain
persons
260.558 Payment
for signing or not signing initiative, referendum or recall petition; sale or
purchase of signature sheets
260.561 Liability
of certain chief petitioners for violations committed by persons obtaining
signatures on petition; exceptions
260.563 Liability
of contractor obtaining signatures on petition for violations committed by
subcontractor; exceptions
260.567 Alteration
of information on petition signature sheet; exceptions
260.569 Payment
based on signatures obtained on nominating petition or voter registration card
260.575 Use
of threats and intimidation for purpose of extorting money
260.635 Bets
and wagers on election results
260.645 Illegal
acts relating to voting machines or vote tally systems
260.665 Undue
influence to affect registration, voting, candidacy, signing petitions;
solicitation of money or other benefits
260.675 Prohibited
distribution of ballots
260.685 Elections
official compliance with directives of Secretary of State
260.695 Prohibitions
relating to voting
260.705 Premature
release of vote tally
260.715 Prohibited
conduct
PENALTIES
260.993 Criminal
penalties
260.995 Civil
penalties
ELECTION CAMPAIGN FINANCE REGULATION
(Generally)
260.005 Definitions.
As used in this chapter:
(1)(a)
“Candidate” means:
(A)
An individual whose name is printed on a ballot, for whom a declaration of
candidacy, nominating petition or certificate of nomination to public office
has been filed or whose name is expected to be or has been presented, with the
individual’s consent, for nomination or election to public office;
(B)
An individual who has solicited or received and accepted a contribution, made
an expenditure, or given consent to an individual, organization, political
party or political committee to solicit or receive and accept a contribution or
make an expenditure on the individual’s behalf to secure nomination or election
to any public office at any time, whether or not the office for which the
individual will seek nomination or election is known when the solicitation is
made, the contribution is received and retained or the expenditure is made, and
whether or not the name of the individual is printed on a ballot; or
(C)
A public office holder against whom a recall petition has been completed and
filed.
(b)
For purposes of this section and ORS 260.035 to 260.156, “candidate” does not
include a candidate for the office of precinct committeeperson.
(2)
“Committee director” means any person who directly and substantially
participates in decision-making on behalf of a political committee concerning
the solicitation or expenditure of funds and the support of or opposition to
candidates or measures. The officers of a political party shall be considered
the directors of any political party committee of that party, unless otherwise
provided in the party’s bylaws.
(3)
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:
(A)
For the purpose of influencing an election for public office or an election on
a measure, or of reducing the debt of a candidate for nomination or election to
public office or the debt of a political committee; or
(B)
To or on behalf of a candidate, political committee or measure;
(b)
Any unfulfilled pledge, subscription, agreement or promise, whether or not
legally enforceable, to make a contribution; and
(c)
The excess value of a contribution made for compensation or consideration of
less than equivalent value.
(4)
“Controlled committee” means a political committee that, in connection with the
making of contributions or expenditures:
(a)
Is controlled directly or indirectly by a candidate or a controlled committee;
or
(b)
Acts jointly with a candidate or controlled committee.
(5)
“Controlled directly or indirectly by a candidate” means:
(a)
The candidate, the candidate’s agent, a member of the candidate’s immediate
family or any other political committee that the candidate controls has a
significant influence on the actions or decisions of the political committee;
or
(b)
The candidate’s principal campaign committee and the political committee both
have the candidate or a member of the candidate’s immediate family as a
treasurer or director.
(6)
“County clerk” means the county clerk or the county official in charge of
elections.
(7)
“Elector” means an individual qualified to vote under section 2, Article II of
the Oregon Constitution.
(8)
Except as provided in ORS 260.007, “expend” or “expenditure” includes the
payment or furnishing of money or anything of value or the incurring or
repayment of indebtedness or obligation by or on behalf of a candidate, political
committee or person in consideration for any services, supplies, equipment or
other thing of value performed or furnished for any reason, including support
of or opposition to a candidate, political committee or measure, or for
reducing the debt of a candidate for nomination or election to public office. “Expenditure”
also includes contributions made by a candidate or political committee to or on
behalf of any other candidate or political committee.
(9)
“Filing officer” means:
(a)
The Secretary of State:
(A)
Regarding a candidate for public office;
(B)
Regarding a statement required to be filed under ORS 260.118;
(C)
Regarding any measure; or
(D)
Regarding any political committee.
(b)
In the case of an irrigation district formed under ORS chapter 545, “filing
officer” means:
(A)
The county clerk, regarding any candidate for office or any measure at an
irrigation district formation election where the proposed district is situated
wholly in one county;
(B)
The county clerk of the county in which the office of the secretary of the
proposed irrigation district will be located, regarding any candidate for
office or any measure at an irrigation district formation election where the
proposed district is situated in more than one county; or
(C)
The secretary of the irrigation district for any election other than an
irrigation district formation election.
(10)
“Independent expenditure” means an expenditure by a person for a communication
in support of or in opposition to a clearly identified candidate or measure
that is not made with the cooperation or with the prior consent of, or in
consultation with, or at the request or suggestion of, a candidate or any agent
or authorized committee of the candidate, or any political committee or agent
of a political committee supporting or opposing a measure. For purposes of this
subsection:
(a)
“Agent” means any person who has:
(A)
Actual oral or written authority, either express or implied, to make or to
authorize the making of expenditures on behalf of a candidate or on behalf of a
political committee supporting or opposing a measure; or
(B)
Been placed in a position within the campaign organization where it would
reasonably appear that in the ordinary course of campaign-related activities
the person may authorize expenditures.
(b)(A)
“Clearly identified” means, with respect to candidates:
(i) The name of the candidate involved appears;
(ii)
A photograph or drawing of the candidate appears; or
(iii)
The identity of the candidate is apparent by unambiguous reference.
(B)
“Clearly identified” means, with respect to measures:
(i) The ballot number of the measure appears;
(ii)
A description of the measure’s subject or effect appears; or
(iii)
The identity of the measure is apparent by unambiguous reference.
(c)
“Communication in support of or in opposition to a clearly identified candidate
or measure” means:
(A)
The communication, taken in its context, clearly and unambiguously urges the
election or defeat of a clearly identified candidate for nomination or election
to public office, or the passage or defeat of a clearly identified measure;
(B)
The communication, as a whole, seeks action rather than simply conveying
information; and
(C)
It is clear what action the communication advocates.
(d)
“Made with the cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any agent or
authorized committee of the candidate, or any political committee or agent of a
political committee supporting or opposing a measure”:
(A)
Means any arrangement, coordination or direction by the candidate or the
candidate’s agent, or by any political committee or agent of a political
committee supporting or opposing a measure, prior to the publication,
distribution, display or broadcast of the communication. An expenditure shall
be presumed to be so made when it is:
(i) Based on information about the plans, projects or needs
of the candidate, or of the political committee supporting or opposing a
measure, and provided to the expending person by the candidate or by the
candidate’s agent, or by any political committee or agent of a political
committee supporting or opposing a measure, with a view toward having an
expenditure made; or
(ii)
Made by or through any person who is or has been authorized to raise or expend
funds, who is or has been an officer of a political committee authorized by the
candidate or by a political committee or agent of a political committee
supporting or opposing a measure, or who is or has been receiving any form of
compensation or reimbursement from the candidate, the candidate’s principal
campaign committee or agent or from any political committee or agent of a
political committee supporting or opposing a measure.
(B)
Does not mean providing to the expending person upon request a copy of this
chapter or any rules adopted by the Secretary of State relating to independent
expenditures.
(11)
“Initiative petition” means a petition to initiate a measure for which a
prospective petition has been filed but that is not yet a measure.
(12)
“Judge” means judge of the Supreme Court, Court of Appeals, circuit court or
the Oregon Tax Court.
(13)
“Mass mailing” means more than 200 substantially similar pieces of mail, but
does not include a form letter or other mail that is sent in response to an
unsolicited request, letter or other inquiry.
(14)
“Measure” includes any of the following submitted to the people for their
approval or rejection at an election:
(a)
A proposed law.
(b)
An Act or part of an Act of the Legislative Assembly.
(c)
A revision of or amendment to the Oregon Constitution.
(d)
Local, special or municipal legislation.
(e)
A proposition or question.
(15)
“Occupation” means:
(a)
The nature of an individual’s principal business; and
(b)
If the individual is employed by another person, the business name and address,
by city and state, of the employer.
(16)
“Person” means an individual, corporation, limited liability company, labor
organization, association, firm, partnership, joint stock company, club,
organization or other combination of individuals having collective capacity.
(17)
“Petition committee” means an initiative, referendum or recall petition
committee organized under ORS 260.118.
(18)
“Political committee” means a combination of two or more individuals, or a
person other than an individual, that has:
(a)
Received a contribution for the purpose of supporting or opposing a candidate,
measure or political party; or
(b)
Made an expenditure for the purpose of supporting or opposing a candidate,
measure or political party. For purposes of this paragraph, an expenditure does
not include:
(A)
A contribution to a candidate or political committee that is required to report
the contribution on a statement filed under ORS 260.057, 260.076 or 260.102 or
a certificate filed under ORS 260.112; or
(B)
An independent expenditure for which a statement is required to be filed by a
person under ORS 260.044.
(19)
“Public office” means any national, state, county, district, city office or
position, except a political party office, that is filled by the electors.
(20)
“Recall petition” means a petition to recall a public officer for which a
prospective petition has been filed but that is not yet a measure.
(21)
“Referendum petition” means a petition to refer a measure for which a
prospective petition has been filed but that is not yet a measure.
(22)
“Regular district election” means the regular district election described in
ORS 255.335.
(23)
“State office” means the office of Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor and
Industries, state Senator, state Representative, judge or district attorney. [1971
c.749 §1; 1973 c.744 §1; 1975 c.683 §6; 1977 c.678 §1; 1979 c.190 §339; 1983
c.350 §81; 1983 c.392 §8; 1985 c.808 §52; 1987 c.727 §1; 1989 c.80 §1; 1989
c.503 §41; 1991 c.87 §4; 1991 c.719 §61; 1993 c.18 §44; 1993 c.493 §52; 1993
c.710 §1; 1993 c.797 §30; 1995 c.1 §1; 1995 c.607 §56; 1997 c.249 §77; 1999
c.318 §42; 1999 c.999 §1; 2001 c.82 §11; 2003 c.542 §9; 2005 c.797 §1; 2007
c.809 §§20,21; 2007 c.848 §28; 2009 c.818 §1; 2011 c.652 §3; 2011 c.731 §16]
Note: The
amendments to 260.005 by section 16, chapter 731, Oregon Laws 2011, do not
apply to the Superintendent of Public Instruction who was holding office on
August 5, 2011. See section 26, chapter 731, Oregon Laws 2011. The text that
applies to the Superintendent of Public Instruction who was holding office on
August 5, 2011, is set forth for the user’s convenience.
260.005. As
used in this chapter:
(1)(a)
“Candidate” means:
(A)
An individual whose name is printed on a ballot, for whom a declaration of
candidacy, nominating petition or certificate of nomination to public office
has been filed or whose name is expected to be or has been presented, with the
individual’s consent, for nomination or election to public office;
(B)
An individual who has solicited or received and accepted a contribution, made
an expenditure, or given consent to an individual, organization, political
party or political committee to solicit or receive and accept a contribution or
make an expenditure on the individual’s behalf to secure nomination or election
to any public office at any time, whether or not the office for which the
individual will seek nomination or election is known when the solicitation is
made, the contribution is received and retained or the expenditure is made, and
whether or not the name of the individual is printed on a ballot; or
(C)
A public office holder against whom a recall petition has been completed and
filed.
(b)
For purposes of this section and ORS 260.035 to 260.156, “candidate” does not
include a candidate for the office of precinct committeeperson.
(2)
“Committee director” means any person who directly and substantially
participates in decision-making on behalf of a political committee concerning
the solicitation or expenditure of funds and the support of or opposition to
candidates or measures. The officers of a political party shall be considered
the directors of any political party committee of that party, unless otherwise
provided in the party’s bylaws.
(3)
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:
(A)
For the purpose of influencing an election for public office or an election on
a measure, or of reducing the debt of a candidate for nomination or election to
public office or the debt of a political committee; or
(B)
To or on behalf of a candidate, political committee or measure;
(b)
Any unfulfilled pledge, subscription, agreement or promise, whether or not
legally enforceable, to make a contribution; and
(c)
The excess value of a contribution made for compensation or consideration of
less than equivalent value.
(4)
“Controlled committee” means a political committee that, in connection with the
making of contributions or expenditures:
(a)
Is controlled directly or indirectly by a candidate or a controlled committee;
or
(b)
Acts jointly with a candidate or controlled committee.
(5)
“Controlled directly or indirectly by a candidate” means:
(a)
The candidate, the candidate’s agent, a member of the candidate’s immediate
family or any other political committee that the candidate controls has a
significant influence on the actions or decisions of the political committee;
or
(b)
The candidate’s principal campaign committee and the political committee both
have the candidate or a member of the candidate’s immediate family as a
treasurer or director.
(6)
“County clerk” means the county clerk or the county official in charge of
elections.
(7)
“Elector” means an individual qualified to vote under section 2, Article II of
the Oregon Constitution.
(8)
Except as provided in ORS 260.007, “expend” or “expenditure” includes the
payment or furnishing of money or anything of value or the incurring or repayment
of indebtedness or obligation by or on behalf of a candidate, political
committee or person in consideration for any services, supplies, equipment or
other thing of value performed or furnished for any reason, including support
of or opposition to a candidate, political committee or measure, or for
reducing the debt of a candidate for nomination or election to public office. “Expenditure”
also includes contributions made by a candidate or political committee to or on
behalf of any other candidate or political committee.
(9)
“Filing officer” means:
(a)
The Secretary of State:
(A)
Regarding a candidate for public office;
(B)
Regarding a statement required to be filed under ORS 260.118;
(C)
Regarding any measure; or
(D)
Regarding any political committee.
(b)
In the case of an irrigation district formed under ORS chapter 545, “filing
officer” means:
(A)
The county clerk, regarding any candidate for office or any measure at an
irrigation district formation election where the proposed district is situated
wholly in one county;
(B)
The county clerk of the county in which the office of the secretary of the
proposed irrigation district will be located, regarding any candidate for
office or any measure at an irrigation district formation election where the
proposed district is situated in more than one county; or
(C)
The secretary of the irrigation district for any election other than an
irrigation district formation election.
(10)
“Independent expenditure” means an expenditure by a person for a communication
in support of or in opposition to a clearly identified candidate or measure
that is not made with the cooperation or with the prior consent of, or in
consultation with, or at the request or suggestion of, a candidate or any agent
or authorized committee of the candidate, or any political committee or agent
of a political committee supporting or opposing a measure. For purposes of this
subsection:
(a)
“Agent” means any person who has:
(A)
Actual oral or written authority, either express or implied, to make or to
authorize the making of expenditures on behalf of a candidate or on behalf of a
political committee supporting or opposing a measure; or
(B)
Been placed in a position within the campaign organization where it would
reasonably appear that in the ordinary course of campaign-related activities
the person may authorize expenditures.
(b)(A)
“Clearly identified” means, with respect to candidates:
(i) The name of the candidate involved appears;
(ii)
A photograph or drawing of the candidate appears; or
(iii)
The identity of the candidate is apparent by unambiguous reference.
(B)
“Clearly identified” means, with respect to measures:
(i) The ballot number of the measure appears;
(ii)
A description of the measure’s subject or effect appears; or
(iii)
The identity of the measure is apparent by unambiguous reference.
(c)
“Communication in support of or in opposition to a clearly identified candidate
or measure” means:
(A)
The communication, taken in its context, clearly and unambiguously urges the
election or defeat of a clearly identified candidate for nomination or election
to public office, or the passage or defeat of a clearly identified measure;
(B)
The communication, as a whole, seeks action rather than simply conveying
information; and
(C)
It is clear what action the communication advocates.
(d)
“Made with the cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any agent or
authorized committee of the candidate, or any political committee or agent of a
political committee supporting or opposing a measure”:
(A)
Means any arrangement, coordination or direction by the candidate or the
candidate’s agent, or by any political committee or agent of a political
committee supporting or opposing a measure, prior to the publication,
distribution, display or broadcast of the communication. An expenditure shall
be presumed to be so made when it is:
(i) Based on information about the plans, projects or needs
of the candidate, or of the political committee supporting or opposing a
measure, and provided to the expending person by the candidate or by the
candidate’s agent, or by any political committee or agent of a political
committee supporting or opposing a measure, with a view toward having an
expenditure made; or
(ii)
Made by or through any person who is or has been authorized to raise or expend
funds, who is or has been an officer of a political committee authorized by the
candidate or by a political committee or agent of a political committee
supporting or opposing a measure, or who is or has been receiving any form of
compensation or reimbursement from the candidate, the candidate’s principal
campaign committee or agent or from any political committee or agent of a
political committee supporting or opposing a measure.
(B)
Does not mean providing to the expending person upon request a copy of this
chapter or any rules adopted by the Secretary of State relating to independent
expenditures.
(11)
“Initiative petition” means a petition to initiate a measure for which a
prospective petition has been filed but that is not yet a measure.
(12)
“Judge” means judge of the Supreme Court, Court of Appeals, circuit court or
the Oregon Tax Court.
(13)
“Mass mailing” means more than 200 substantially similar pieces of mail, but
does not include a form letter or other mail that is sent in response to an
unsolicited request, letter or other inquiry.
(14)
“Measure” includes any of the following submitted to the people for their
approval or rejection at an election:
(a)
A proposed law.
(b)
An Act or part of an Act of the Legislative Assembly.
(c)
A revision of or amendment to the Oregon Constitution.
(d)
Local, special or municipal legislation.
(e)
A proposition or question.
(15)
“Occupation” means:
(a)
The nature of an individual’s principal business; and
(b)
If the individual is employed by another person, the business name and address,
by city and state, of the employer.
(16)
“Person” means an individual, corporation, limited liability company, labor
organization, association, firm, partnership, joint stock company, club,
organization or other combination of individuals having collective capacity.
(17)
“Petition committee” means an initiative, referendum or recall petition
committee organized under ORS 260.118.
(18)
“Political committee” means a combination of two or more individuals, or a
person other than an individual, that has:
(a)
Received a contribution for the purpose of supporting or opposing a candidate,
measure or political party; or
(b)
Made an expenditure for the purpose of supporting or opposing a candidate,
measure or political party. For purposes of this paragraph, an expenditure does
not include:
(A)
A contribution to a candidate or political committee that is required to report
the contribution on a statement filed under ORS 260.057, 260.076 or 260.102 or
a certificate filed under ORS 260.112; or
(B)
An independent expenditure for which a statement is required to be filed by a
person under ORS 260.044.
(19)
“Public office” means any national, state, county, district, city office or
position, except a political party office, that is filled by the electors.
(20)
“Recall petition” means a petition to recall a public officer for which a
prospective petition has been filed but that is not yet a measure.
(21)
“Referendum petition” means a petition to refer a measure for which a
prospective petition has been filed but that is not yet a measure.
(22)
“Regular district election” means the regular district election described in
ORS 255.335.
(23)
“State office” means the office of Governor, Secretary of State, State
Treasurer, Attorney General, Commissioner of the Bureau of Labor and
Industries, Superintendent of Public Instruction, state Senator, state
Representative, judge or district attorney.
260.007 Exclusions from definitions of “contribution”
and “expenditure.” 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 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 ensures 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.
(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 ensuring compliance with the provisions of this
chapter.
(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. [1995 c.1 §2; 1997 c.631 §429; 1999 c.999 §2;
2005 c.797 §2; 2007 c.71 §79]
260.010
[Amended by 1969 c.279 §2; 1971 c.749 §25; renumbered 260.305]
260.020
[Amended by 1957 c.643 §2; repealed by 1971 c.749 §82]
260.025 [1971
c.749 §2; repealed by 1973 c.623 §3]
260.027 [1973
c.623 §2; repealed by 1975 c.684 §11]
260.030
[Amended by 1957 c.643 §3; 1971 c.749 §26; renumbered 260.315]
(Treasurers, Statements of Organization
and Accounts)
260.035 Treasurer and statement of
organization for political committees and candidates; change in information.
(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.
(2)
A candidate may serve as the candidate’s own treasurer or may appoint and
certify to the filing officer the name and address of a treasurer. A candidate’s
treasurer shall perform all the duties prescribed for the candidate under ORS
260.035 to 260.156.
(3)
Contributions shall be received and expenditures made by or through the
treasurer of the political committee or the candidate or the treasurer of a
principal campaign committee.
(4)
Any change in information required under this section shall be indicated in an
amended certification filed not later than the 10th day after the change in
information. [1971 c.749 §3; 1973 c.744 §2; 1977 c.829 §20; 1979 c.190 §340;
1991 c.719 §62; 1999 c.999 §3; 2011 c.652 §4]
260.037 Treasurers for candidates;
appointment; liability of candidate for default or violation.
(1) A candidate may serve as the candidate’s own treasurer or may appoint and
certify to the filing officer the name and address of a treasurer.
(2)
A candidate’s treasurer shall perform all the duties prescribed for the
candidate under ORS 260.005 and 260.035 to 260.156.
(3)
The candidate, in addition to the treasurer, is personally responsible for the
performance of the duties referred to in subsection (2) of this section. Any
default or violation by the treasurer shall be conclusively considered a
default or violation by the candidate. Any default or violation by the person
designated by the candidate or treasurer under ORS 260.039, 260.042 or 260.057
is conclusively considered a default or violation by the candidate or
treasurer. [1973 c.744 §4; 1979 c.190 §341; 1993 c.493 §53; 2007 c.570 §2]
260.038 Treasurer of more than one
candidate or committee; replacement of treasurer.
(1) An individual may be appointed and serve as treasurer of a candidate, a
political committee or petition committee or of two or more candidates,
political committees or petition committees.
(2)
A candidate, political committee or petition committee may remove a treasurer.
(3)
In event of the death, resignation or removal of a treasurer before compliance
with all obligations of a treasurer under ORS 260.035 to 260.156, no later than
14 days after the death, resignation or removal of the treasurer:
(a)
A candidate shall appoint a successor and certify the name and address of the
successor in the manner of an original appointment or certify to the filing
officer that the candidate serves as the candidate’s own treasurer.
(b)
A committee director shall appoint a successor and certify the name and address
of the successor in the manner of an original appointment.
(c)
A chief petitioner shall appoint a successor and certify the name and address
of the successor in the manner of an original appointment. [1979 c.190 §342;
1993 c.493 §54; 2011 c.652 §5]
260.039 Content of statement of
organization of candidate or principal campaign committee.
(1) Except as provided in ORS 260.043, a candidate who serves as the candidate’s
own treasurer, or the treasurer of the principal campaign committee, shall file
a statement of organization with the filing officer. The statement shall
include:
(a)
The name, address, occupation, office sought and party affiliation of the
candidate. The address shall be the address of a residence, office,
headquarters or similar location where the candidate may be conveniently
located.
(b)
In the case of a principal campaign committee:
(A)
The name and address of the committee. The address shall be the address of a
residence, office, headquarters or similar location where the political
committee or a responsible officer of the political committee may be
conveniently located.
(B)
The name, address and occupation of the committee director or directors, if
any.
(C)
The name and address of the committee treasurer.
(D)
The name and address of any other political committee of which two or more
committee directors are also directors of the committee filing the statement.
(c)
The name of the financial institution in which the campaign account required
under ORS 260.054 is established, the name and number of the account, the name
of the account holder and the names of all individuals who have signature
authority for the account. The Secretary of State may not disclose information
received by the secretary under this paragraph except as necessary for purposes
of enforcing the provisions of ORS chapters 246 to 260.
(2)
A candidate or treasurer may designate an individual to receive any notice
provided by a filing officer under ORS chapters 246 to 260. The candidate or
treasurer shall include the name and address of the individual in the statement
of organization filed under this section. A filing officer who provides any
notice under ORS chapters 246 to 260 to the candidate or treasurer shall also
provide the notice to the individual designated by the candidate or treasurer
under this subsection.
(3)
Except as provided in ORS 260.043, a candidate who serves as the candidate’s
own treasurer shall file the statement of organization not later than the third
business day after the candidate first receives a contribution or makes an
expenditure. The treasurer of a principal campaign committee shall file the
statement of organization not later than the date specified in ORS 260.035.
(4)
Any change in information submitted in a statement of organization under
subsection (1) of this section shall be indicated in an amended statement of
organization filed not later than the 10th day after the change in information.
(5)
Except as provided in ORS 260.043, a candidate who serves as the candidate’s
own treasurer or the treasurer of the principal campaign committee of the
candidate shall file a statement of organization under this section not later
than the deadline for the candidate to file a nominating petition or
declaration of candidacy under ORS 249.037 or a certificate of nomination under
ORS 249.722.
(6)
Except as provided in ORS 260.043, a candidate who serves as the candidate’s
own treasurer or the treasurer of the principal campaign committee of a
candidate shall file a new or amended statement of organization not later than
the date that the candidate files a nominating petition, declaration of
candidacy or certificate of nomination. [1987 c.727 §12; 1989 c.503 §18; 1991
c.107 §16; 1991 c.719 §53; 1993 c.493 §55; 1999 c.999 §4; 2001 c.965 §53; 2005
c.797 §3; 2005 c.809 §4; 2007 c.570 §3; 2009 c.818 §2]
260.040
[Amended by 1957 c.643 §4; repealed by 1971 c.749 §82]
260.041 Principal campaign committee.
(1) Notwithstanding ORS 260.005 (18) and except as provided in ORS 260.043, a
candidate shall designate a political committee as the candidate’s principal
campaign committee. A candidate may designate only one political committee as
the candidate’s principal campaign committee.
(2)
A political committee may not be designated as the principal campaign committee
of more than one candidate. [1979 c.190 §343; 1999 c.999 §7; 2005 c.809 §23;
2009 c.818 §3]
260.042 Content of statement of organization
of political committee. (1) The treasurer of a political
committee shall file a statement of organization with the filing officer. The
statement shall include:
(a)
The name, address and nature of the committee. The address shall be the address
of a residence, office, headquarters or similar location where the political
committee or a responsible officer of the political committee may be
conveniently located.
(b)
The name, address and occupation of the committee director or directors.
(c)
The name and address of the committee treasurer.
(d)
The name and address of any other political committee of which two or more
committee directors are also directors of the committee filing the statement.
(e)
The name, office sought, and party affiliation of each candidate whom the
committee is supporting or specifically opposing or intends to support or
specifically oppose, when known, or, if the committee is supporting or
specifically opposing all the candidates of a given party, the name of that
party.
(f)
A designation of any measure that the committee is opposing or supporting, or
intends to support or oppose.
(g)
The name of the financial institution in which the campaign account required
under ORS 260.054 is established, the name and number of the account, the name
of the account holder and the names of all individuals who have signature
authority for the account. The Secretary of State may not disclose information
received by the secretary under this paragraph except as necessary for purposes
of enforcing the provisions of ORS chapters 246 to 260.
(h)
A statement of whether the committee is a controlled committee.
(2)
A treasurer may designate an individual to receive any notice provided by a
filing officer under ORS chapters 246 to 260. The treasurer shall include the
name and address of the individual in a statement of organization filed under
this section. A filing officer who provides any notice under ORS chapters 246
to 260 to the treasurer of the political committee shall also provide the
notice to the individual designated by the treasurer under this subsection.
(3)
The statement of organization shall be filed not later than the date specified
in ORS 260.035.
(4)
Any change in information submitted in a statement of organization under
subsection (1) of this section shall be indicated in an amended statement of
organization filed not later than the 10th day after the change in information.
(5)
This section does not apply to a political committee that is a principal
campaign committee or to a political committee exclusively supporting or
opposing one or more candidates for federal or political party office. [1975
c.683 §§2,3; 1979 c.190 §344; 1981 c.234 §1; 1983 c.71 §10; 1985 c.808 §53;
2001 c.965 §54; 2005 c.797 §6; 2005 c.809 §5; 2007 c.570 §4; 2009 c.818 §4]
260.043 Exemptions for candidate who
expects neither contributions nor expenditures to exceed $750.
(1) A candidate who serves as the candidate’s own treasurer and who expects
neither the aggregate contributions to be received nor the aggregate
expenditures to be made by or on behalf of the candidate to exceed $750 in
total amount during a calendar year is not required to:
(a)
File a statement of organization under ORS 260.039;
(b)
Establish a single exclusive campaign account under ORS 260.054; or
(c)
File statements under ORS 260.057.
(2)
A candidate described in subsection (1) of this section must keep contribution
and expenditure records for the previous 24 months.
(3)
If at any time following the filing of a nominating petition, declaration of
candidacy or certificate of nomination and during the calendar year either the
aggregate contributions or aggregate expenditures exceed $750, the candidate
shall do all of the following:
(a)
File a statement of organization under ORS 260.039.
(b)
Establish a single exclusive campaign account as required under ORS 260.054.
(c)
File a statement under ORS 260.057 showing all contributions received and
expenditures made. The statement shall be filed not later than seven calendar
days after aggregate contributions or aggregate expenditures exceed $750 during
a calendar year.
(d)
If necessary, file additional statements under ORS 260.057.
(4)
This section does not apply to candidates for federal office. [1999 c.999 §6;
2005 c.809 §§6,24; 2009 c.818 §5; 2010 c.9 §7]
260.044 Statement of independent
expenditures; when person considered political committee or principal campaign
committee. (1) A person shall file a statement of
independent expenditures if the person makes independent expenditures in a
total amount of more than $750 in a calendar year. The statement shall be filed
with the Secretary of State.
(2)
A statement described in subsection (1) of this section shall be filed not
later than seven calendar days after the total amount of independent
expenditures exceeds $750 in a calendar year. The accounting period for the
statement required by subsection (1) of this section begins on the date that an
independent expenditure is made. The statement shall specify the candidate or
measure supported or opposed by the independent expenditure. The secretary by
rule shall prescribe the form of the statement.
(3)
Notwithstanding ORS 260.005 (18), a person who solicits and receives a
contribution or contributions is a political committee and shall file a
statement of organization under ORS 260.042 and the statements required by ORS
260.057 or 260.076.
(4)
For purposes of this section:
(a)
An independent expenditure does not include a contribution to a candidate or
political committee that is required to report the contribution on a statement
filed under ORS 260.057, 260.076 or 260.102 or a certificate filed under ORS
260.112;
(b)
An independent expenditure does not include a contribution to a candidate who
is not required to file a statement of organization under ORS 260.043; and
(c)
A person is not a political committee under subsection (3) of this section if
all contributions received by the person are:
(A)
Designated to an identified candidate or political committee;
(B)
Delivered by the person to the designated candidate or political committee not
later than seven business days after the contribution is received; and
(C)
Required to be reported as contributions by a candidate or political committee
on a statement filed under ORS 260.057, 260.076 or 260.102 or a certificate
filed under ORS 260.112. [Formerly 260.158; 1981 c.234 §8; 1981 c.303 §1; 1985
c.808 §54; 1987 c.267 §57; 1987 c.727 §2; 1993 c.493 §§56,57; 1995 c.712 §73;
1999 c.999 §8; 2001 c.82 §3; 2003 c.542 §10; 2005 c.797 §7; 2005 c.809 §§26,28a;
2009 c.818 §6; 2011 c.652 §6]
260.045 Contributions received from
out-of-state political committees; request for statement or affidavit.
(1) If a candidate or treasurer receives a contribution of more than $100 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. 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
calendar year 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; or
(b)
The Secretary of State receives a request for the filing from any person made
not later than six months after the deadline for filing a statement under ORS
260.057 or 260.118, 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. [1971 c.749 §4; 1973 c.744 §5; 1975 c.675 §32; 1979 c.190 §346;
1981 c.234 §9; 1991 c.258 §2; 1991 c.719 §13; 1993 c.493 §105; 1999 c.999 §9;
2001 c.732 §7; 2001 c.965 §61; 2003 c.542 §11; 2005 c.797 §8; 2005 c.809 §§29,29a;
2007 c.848 §14]
260.046 Discontinuance of statement of
organization; rules. (1) A filing officer, in
accordance with rules adopted by the Secretary of State, may discontinue the
statement of organization of a candidate, principal campaign committee,
political committee or petition committee if the candidate or committee has not
filed a statement of contributions received or expenditures made under this
chapter.
(2)
The Secretary of State shall adopt rules prescribing conditions and procedures
under which a filing officer may discontinue a statement of organization under
this section.
(3)
If a filing officer discontinues a statement of organization under this
section, the filing officer shall provide written notice to the candidate, principal
campaign committee, political committee or petition committee that the
statement has been discontinued. [2005 c.797 §5; 2011 c.652 §7]
260.049 Reports to be filed by certain
corporations; rules. (1) If the major source of
revenue of a corporation is paid-in-capital and the primary purpose of the
corporation is to support or oppose any candidate, measure or political party,
and the corporation has made a contribution or an expenditure for that purpose,
the corporation shall report to the Secretary of State the names, addresses and
occupations of its shareholders and shall report the amount of paid-in-capital
attributable to each shareholder.
(2)
The information required under subsection (1) of this section, including
information on the nature and amount of all expenditures of money and in-kind
contributions made by the corporation, shall be filed not later than seven
calendar days after the contribution or expenditure is made.
(3)
The secretary shall adopt by rule a form for the filing of the information
required under this section. [1991 c.911 §3; 2005 c.809 §30]
260.050
[Amended by 1957 c.643 §5; repealed by 1971 c.749 §82]
260.052 Political committee identification
number. The Secretary of State shall assign an
identification number to each political committee required to file a statement
with the secretary under ORS 260.057. The political committee shall include the
identification number with each contribution made by the political committee. [1991
c.719 §64; 2005 c.809 §31]
260.054 Political committee campaign
account; petition committee petition account. (1)
Each political committee shall establish a single exclusive campaign account
and each petition committee organized under ORS 260.118 shall establish a
single exclusive petition account in a financial institution, as defined in ORS
706.008. The financial institution must be located in this state and must
ordinarily conduct business with the general public in this state.
(2)
A political committee shall maintain the campaign account in the name of the
political committee. A petition committee shall maintain the petition account
in the name of the petition committee.
(3)
Except as provided in subsection (4) of this section:
(a)
All expenditures made by the political committee shall be drawn from the
campaign account and:
(A)
Issued on a check signed by the candidate on whose behalf the account is
established, by the treasurer of the political committee or by an individual
designated by the candidate or treasurer; or
(B)
Paid using a debit card or other form of electronic transaction.
(b)
All expenditures made by the petition committee shall be drawn from the
petition account and:
(A)
Issued on a check signed by the chief petitioner or treasurer of the petition
committee or by an individual designated by the chief petitioner or treasurer;
or
(B)
Paid using a debit card or other form of electronic transaction.
(4)
Subsection (3) of this section does not prohibit a person from making a cash or
other expenditure on behalf of the political committee or petition committee
and receiving reimbursement from the campaign or petition account.
(5)(a)
Not later than seven calendar days after the date the contribution is received:
(A)
A contribution received by a candidate or the treasurer of a political
committee, directly or indirectly, shall be deposited into the campaign
account.
(B)
A contribution received by a chief petitioner or treasurer of a petition
committee, directly or indirectly, shall be deposited into the petition
account.
(b)
This subsection does not apply to in-kind contributions received by a
candidate, political committee or petition committee.
(6)
This section does not prohibit the transfer of any amount deposited in a
campaign or petition account into a certificate of deposit, stock fund or other
investment instrument.
(7)
A campaign or petition account may not include any private moneys, other than
contributions received by the political committee or petition committee.
(8)
A political committee or petition committee shall retain a copy of each
financial institution account statement from the campaign or petition account
described in this section for not less than two years after the date the
statement is issued by the financial institution.
(9)
This section does not apply to candidates described in ORS 260.043.
(10)
As used in this section, “contribution” and “expenditure” include a
contribution or expenditure to or on behalf of an initiative, referendum or
recall petition. [2005 c.809 §3; 2007 c.570 §8; 2009 c.818 §7]
260.055 Accounts of contributions and
expenditures; inspection; preservation; notice of intent to discontinue
statement of organization and close accounts. (1)
Each candidate, other than a candidate for political party office, the
treasurer of each political committee and the treasurer of each petition
committee shall keep detailed accounts. The accounts shall be current as of not
later than the seventh calendar day after the date of receiving a contribution
or making an expenditure with respect to all contributions received and all
expenditures made by or on behalf of the candidate or committee that are
required to be reported under ORS 260.057, 260.076 or 260.078. Subject to ORS
260.085, the accounts shall list all information required to be reported under
ORS 260.083.
(2)
Accounts kept by a candidate or the treasurer of a political committee may be
inspected under reasonable circumstances at any time before the election to
which the accounts refer or during the period specified for retention of the
accounts under subsection (3) of this section by any opposing candidate or the
treasurer of any political committee for the same electoral contest. The right
of inspection may be enforced by writ of mandamus issued by any court of
competent jurisdiction. The treasurers of political committees supporting a
candidate may be joined with the candidate as defendants in a mandamus
proceeding.
(3)
Accounts kept by a candidate or treasurer shall be preserved by the candidate
or treasurer for at least two years after the date the statement of the
contribution or expenditure is filed under ORS 260.057.
(4)(a)
If a candidate, political committee or petition committee intends to
discontinue the statement of organization of the candidate or committee and
close accounts, the candidate or committee shall file with the Secretary of
State a notice of intent. Upon receipt of the notice, the secretary shall
examine each statement filed by the candidate or committee under ORS 260.044,
260.057, 260.083, 260.102, 260.112 or 260.118 to determine whether the
statement is sufficient.
(b)
Not later than 90 days after receipt of the notice of intent, the secretary
shall notify the candidate, political committee or petition committee that the
statements are sufficient or that a statement is insufficient or otherwise may
violate a law or rule. The notice shall include a description of the provisions
of ORS 260.407.
(c)
If, after a candidate, political committee or petition committee files a notice
of intent to discontinue the statement of organization of the candidate or
committee and close accounts, the candidate or committee files an additional
statement under ORS 260.044, 260.057, 260.083, 260.102, 260.112 or 260.118, the
secretary has 90 days following the date the additional statement is filed to
examine the statement and send a notification described in paragraph (b) of
this subsection.
(d)
When a candidate, political committee or petition committee files the last
statement under ORS 260.057, the secretary shall conduct a final review. If the
secretary determines that all statements filed are sufficient, the secretary
shall notify the candidate, political committee or petition committee. Upon
receipt of the notice, the candidate or committee may discontinue the statement
of organization of the candidate, political committee or petition committee and
close accounts. [1971 c.749 §5; 1973 c.744 §6; 1977 c.268 §2; 1979 c.190 §347;
1981 c.234 §10; 1991 c.719 §14; 1991 c.911 §9; 1993 c.493 §59; 2001 c.82 §4;
2003 c.542 §12; 2005 c.809 §32; 2009 c.818 §21; 2010 c.9 §8]
260.056 Written loan agreements.
(1) A loan made by or to a candidate, political committee or petition committee
must be by written agreement.
(2)
A candidate, political committee or petition committee shall keep a copy of any
written loan agreement with the detailed accounts of the candidate or committee
required under ORS 260.055.
(3)
Notwithstanding ORS 260.055, a candidate, political committee or petition
committee shall preserve a written loan agreement for at least two years after
the statement of the loan is filed under ORS 260.057 or until the loan is
repaid, whichever is later. [2005 c.809 §19; 2009 c.818 §27; 2011 c.652 §8]
(Statements of Contributions and
Expenditures)
260.057 Electronic campaign finance filing
system; schedule for filing; Internet availability; exclusions; rules.
(1) The Secretary of State by rule shall adopt an electronic filing system to
be used by:
(a)
All candidates and political committees to file with the secretary statements
of contributions received and expenditures made by the candidates and political
committees, as described in ORS 260.083.
(b)
Treasurers of a petition committee organized under ORS 260.118 to file with the
secretary statements of contributions received and expenditures made by the
treasurers and chief petitioners as described in ORS 260.083.
(2)(a)
A candidate for nomination or election at any primary or general election or a
political committee supporting or opposing a candidate or measure at any
primary or general election shall file a statement described in subsection (1)
of this section not later than seven calendar days after a contribution is
received or an expenditure is made. This paragraph applies to contributions
received and expenditures made during the period beginning on the 42nd calendar
day before the date of any primary election and ending on the date of the
primary election and the period beginning on the 42nd calendar day before the
date of any general election and ending on the date of the general election.
(b)
For any special election, the secretary by rule may establish a period during
which a candidate for nomination or election at the special election or a
political committee supporting or opposing a candidate or measure at the
special election must file a statement described in subsection (1) of this
section not later than seven calendar days after a contribution is received or
an expenditure is made.
(3)
Except as provided in subsection (4) of this section, during a period not
described in subsection (2) of this section, a candidate or political committee
shall file a statement described in subsection (1) of this section not later
than 30 calendar days after a contribution is received or an expenditure is
made.
(4)(a)
If a candidate for nomination or election at any primary election or a
political committee supporting or opposing a candidate or measure at any
primary election receives a contribution or makes an expenditure prior to the
42nd calendar day before the date of the primary election and the candidate or
political committee has not filed a statement of the contribution or
expenditure under subsection (3) of this section by the 43rd calendar day
before the date of the primary election, the candidate or political committee
shall file a statement described in subsection (1) of this section not later
than the 35th calendar day before the date of the primary election.
(b)
If a candidate for nomination or election at any general election or a
political committee supporting or opposing a candidate or measure at any
general election receives a contribution or makes an expenditure prior to the
42nd calendar day before the date of the general election and the candidate or
political committee has not filed a statement of the contribution or
expenditure under subsection (3) of this section by the 43rd calendar day
before the date of the general election, the candidate or political committee
shall file a statement described in subsection (1) of this section not later
than the 35th calendar day before the date of the general election.
(5)
The electronic filing system shall be provided free of charge by the secretary
and:
(a)
Accept electronic files that conform to the format prescribed by the secretary
by rule; or
(b)
Be compatible with any other electronic filing application provided or approved
by the secretary.
(6)(a)
Except as provided in paragraph (b) of this subsection, the secretary shall
make all data filed electronically under this section and ORS 260.118 and all
information filed with the secretary under ORS 260.045, 260.049, 260.085 or
260.102 available on the Internet to the public free of charge according to a
schedule adopted by the secretary by rule. The secretary shall make the data
available in a searchable database that is easily accessible by the public.
When the secretary makes data or information available on the Internet under
this subsection, the secretary shall display any contribution received from a
person or political committee with an out-of-state address in a different
colored font than a contribution received from a person or political committee
with an in-state address.
(b)
The secretary may not make data that are filed electronically under this
section or ORS 260.118 available to the public under this section, unless the
data are required to be listed under ORS 260.083. The secretary may not
disclose under ORS 192.410 to 192.505 any data that are filed electronically
under this section or ORS 260.118, unless the data are required to be listed
under ORS 260.083.
(7)(a)
Except as provided in paragraph (b) of this subsection, each statement required
by this section shall be signed and certified as true by the candidate or
treasurer required to file it. Signatures shall be supplied in the manner
specified by the secretary by rule.
(b)
A candidate or treasurer may designate an individual to sign and certify as
true a statement required by this section. The designation must be filed in
writing with the secretary and must be renewed for each two-year period
beginning January 1 of an even-numbered year.
(8)
This section does not apply to:
(a)
Candidates for federal office;
(b)
Candidates who are not required to file a statement of organization under ORS
260.043; or
(c)
Candidates, political committees or petition committees that file certificates
under ORS 260.112. [2005 c.809 §14; 2007 c.570 §1; 2007 c.848 §12; 2008 c.41 §1;
2009 c.818 §8]
260.058 [1981
c. 234 §3 (enacted in lieu of 260.072); 1983 c.71 §1; 1985 c.732 §1; 1987 c.727
§3; 1989 c.503 §§19, 20; 1989 c.1054 §1; 1993 c.493 §60; 1995 c.712 §74; 1999
c.999 §23; 2001 c.732 §2; 2005 c.797 §9; repealed by 2005 c.809 §56]
260.060
[Amended by 1957 c.643 §6; 1969 c.279 §1; repealed by 1971 c.749 §82]
260.062 [1971
c.749 §6; 1973 c.744 §7; repealed by 1979 c.190 §431]
260.063 [1981
c.234 §4 (enacted in lieu of 260.072); 1983 c.71 §2; 1985 c.732 §2; 1987 c.727 §4;
1989 c.503 §§21,22; 1989 c.1054 §3; 1993 c.493 §61; 1995 c.712 §75; 1999 c.225 §1;
1999 c.999 §24; 2001 c.732 §3; 2005 c.797 §21; repealed by 2005 c.809 §56]
260.064 In-kind contribution from
candidate, political committee or petition committee; insufficient filing;
updated information. (1) If a candidate, political
committee or petition committee receives updated information that an in-kind
contribution received from another candidate, political committee or petition
committee reported in a statement filed under ORS 260.057, 260.076 or 260.118
is inaccurate or otherwise insufficient, the candidate, political committee or
petition committee that received the in-kind contribution shall, without
penalty, file an updated statement with the Secretary of State:
(a)
Not later than the date that the statement is required to be filed under ORS
260.057, 260.076 or 260.118; or
(b)
If the filing deadline has passed, not later than 30 calendar days after the
candidate, political committee or petition committee received the updated
information.
(2)
This section does not apply to a candidate, political committee or petition
committee that knew or reasonably should have known that the information
reported in the statement originally filed under ORS 260.057, 260.076 or
260.118 was inaccurate or insufficient at the time of filing. [2009 c.818 §26]
Note:
260.064 was added to and made a part of ORS chapter 260 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
260.065 [1965
c.110 §2; repealed by 1971 c.749 §82]
260.067 [1965
c.289 §2 (260.067, 260.075 and 260.077 enacted in lieu of 260.070); 1969 c.243 §1;
repealed by 1971 c.749 §82]
260.068 [1981
c.234 §5 (enacted in lieu of 260.072); 1983 c.71 §3; 1985 c.732 §3; 1987 c.267 §60;
1987 c.727 §5; 1989 c.503 §§23,24; 1989 c.1054 §§5,6; 1991 c.911 §§5,6; 1993
c.493 §§62,63; 1995 c.712 §76; 1999 c.999 §25; 2001 c.732 §4; 2005 c.797 §10;
repealed by 2005 c.809 §56]
260.070
[Amended by 1961 c.75 §1; repealed by 1965 c.289 §1 (260.067, 260.075 and
260.077 enacted in lieu of 260.070)]
260.072 [1971
c.749 §7; 1973 c.744 §8; 1975 c.683 §7; 1977 c.678 §2; 1979 c.190 §348;
repealed by 1981 c.234 §2 (260.058, 260.063, 260.068, 260.073 and 260.078
enacted in lieu of 260.072)]
260.073 [1981
c.234 §6 (enacted in lieu of 260.072); 1983 c.71 §4; 1985 c.732 §4; 1985 c.808 §55;
1987 c.267 §61; 1987 c.727 §6; 1989 c.503 §§25,26; 1989 c.1054 §§7,8; 1991
c.911 §§7,8; 1993 c.493 §§65,66; 1995 c.712 §77; 1999 c.225 §2; 1999 c.999 §26;
2001 c.732 §5; 2005 c.797 §11; repealed by 2005 c.809 §56]
260.075 [1965
c.289 §3 (260.067, 260.075 and 260.077 enacted in lieu of 260.070); 1967 c.469 §1;
repealed by 1971 c.749 §82]
260.076 Statements of contributions
received during session of Legislative Assembly.
(1) A legislative official, statewide official or candidate therefor,
or the official’s or candidate’s principal campaign committee, shall file
statements showing contributions received by or on behalf of the official,
candidate or committee during the period beginning January 1 and ending upon
adjournment of the regular session of the Legislative Assembly, or during any
special session of the Legislative Assembly.
(2)
The Governor, Governor-elect or a candidate for Governor, or the principal
campaign committee of the Governor, Governor-elect or candidate, shall file
statements showing contributions received by or on behalf of the Governor,
Governor-elect, candidate or committee during the period beginning January 1
and ending 30 business days following adjournment of the regular session of the
Legislative Assembly, or during any special session of the Legislative
Assembly.
(3)
A person or political committee affiliated with a political party, caucus of
either house of the Legislative Assembly, legislative official, statewide
official or the Governor, Governor-elect or candidate for Governor shall file
statements showing contributions received by the person or committee on behalf
of a legislative official, statewide official or candidate therefor,
during the period beginning January 1 and ending upon adjournment of the
regular session of the Legislative Assembly, or during any special session of
the Legislative Assembly.
(4)
A person or political committee affiliated with a political party, caucus of
either house of the Legislative Assembly, legislative official, statewide
official or the Governor, Governor-elect or candidate for Governor shall file
statements showing contributions received by the person or committee on behalf
of the Governor, Governor-elect or candidate for Governor, during the period
beginning January 1 and ending 30 business days following adjournment of the regular
session of the Legislative Assembly, or during any special session of the
Legislative Assembly.
(5)
A statement described in subsections (1) to (4) of this section shall be filed
with the Secretary of State on a form prescribed by the secretary. For
contributions received during the period beginning on January 1 and ending on
the first day of the regular session, a statement shall be filed not later than
two business days after the first day of the regular session. For contributions
received on or after the first day of the regular session, a statement shall be
filed not later than two business days after the date a contribution is
received. For contributions received during any special session of the
Legislative Assembly, a statement shall be filed not later than two business
days after the date a contribution is received.
(6)
If a statement has been filed under subsections (1) to (4) of this section, the
next statement filed by the Governor, Governor-elect, official, candidate,
principal campaign committee or other political committee under ORS 260.057
shall include the contributions reported in statements filed under this
section.
(7)
This section applies notwithstanding the filing of a certificate under ORS
260.112.
(8)
As used in this section:
(a)
“Legislative official” means any member or member-elect of the Legislative
Assembly.
(b)
“Statewide official” means the Secretary of State or Secretary of State-elect,
State Treasurer or State Treasurer-elect, Attorney General or Attorney
General-elect and the Commissioner of the Bureau of Labor and Industries or the
Commissioner-elect of the Bureau of Labor and Industries. [2001 c.82 §2; 2005
c.797 §23; 2005 c.809 §32a; 2007 c.570 §6; 2009 c.818 §9; 2011 c.545 §74; 2011
c.731 §17]
Note: The
amendments to 270.076 by section 17, chapter 731, Oregon Laws 2011, do not
apply to the Superintendent of Public Instruction who was holding office on
August 5, 2011. See section 26, chapter 731, Oregon Laws 2011. The text that
applies to the Superintendent of Public Instruction who was holding office on
August 5, 2011, is set forth for the user’s convenience.
260.076. (1) A
legislative official, statewide official or candidate therefor,
or the official’s or candidate’s principal campaign committee, shall file statements
showing contributions received by or on behalf of the official, candidate or
committee during the period beginning January 1 and ending upon adjournment of
the regular session of the Legislative Assembly, or during any special session
of the Legislative Assembly.
(2)
The Governor, Governor-elect or a candidate for Governor, or the principal
campaign committee of the Governor, Governor-elect or candidate, shall file
statements showing contributions received by or on behalf of the Governor,
Governor-elect, candidate or committee during the period beginning January 1
and ending 30 business days following adjournment of the regular session of the
Legislative Assembly, or during any special session of the Legislative
Assembly.
(3)
A person or political committee affiliated with a political party, caucus of
either house of the Legislative Assembly, legislative official, statewide
official or the Governor, Governor-elect or candidate for Governor shall file
statements showing contributions received by the person or committee on behalf
of a legislative official, statewide official or candidate therefor,
during the period beginning January 1 and ending upon adjournment of the
regular session of the Legislative Assembly, or during any special session of
the Legislative Assembly.
(4)
A person or political committee affiliated with a political party, caucus of
either house of the Legislative Assembly, legislative official, statewide
official or the Governor, Governor-elect or candidate for Governor shall file statements
showing contributions received by the person or committee on behalf of the
Governor, Governor-elect or candidate for Governor, during the period beginning
January 1 and ending 30 business days following adjournment of the regular
session of the Legislative Assembly, or during any special session of the
Legislative Assembly.
(5)
A statement described in subsections (1) to (4) of this section shall be filed
with the Secretary of State on a form prescribed by the secretary. For
contributions received during the period beginning on January 1 and ending on
the first day of the regular session, a statement shall be filed not later than
two business days after the first day of the regular session. For contributions
received on or after the first day of the regular session, a statement shall be
filed not later than two business days after the date a contribution is
received. For contributions received during any special session of the
Legislative Assembly, a statement shall be filed not later than two business
days after the date a contribution is received.
(6)
If a statement has been filed under subsections (1) to (4) of this section, the
next statement filed by the Governor, Governor-elect, official, candidate,
principal campaign committee or other political committee under ORS 260.057
shall include the contributions reported in statements filed under this
section.
(7)
This section applies notwithstanding the filing of a certificate under ORS
260.112.
(8)
As used in this section:
(a)
“Legislative official” means any member or member-elect of the Legislative
Assembly.
(b)
“Statewide official” means the Secretary of State or Secretary of State-elect,
State Treasurer or State Treasurer-elect, Superintendent of Public Instruction
or Superintendent-elect of Public Instruction, Attorney General or Attorney
General-elect and the Commissioner of the Bureau of Labor and Industries or the
Commissioner-elect of the Bureau of Labor and Industries.
260.077 [1965
c.289 §4 (260.067, 260.075 and 260.077 enacted in lieu of 260.070); 1967 c.339 §3;
repealed by 1971 c.749 §82]
260.078 Reporting contributions and
expenditures not previously reported. If the first
statement filed by a candidate, a candidate’s principal campaign committee or a
political committee under ORS 260.057 shows an unexpended balance of
contributions not previously reported on hand, the statement shall list all
contributions and expenditures giving rise to the unexpended balance of
contributions in accordance with ORS 260.083. [1981 c.234 §7 (enacted in lieu
of 260.072); 2003 c.542 §13; 2005 c.797 §12; 2005 c.809 §33]
260.080
[Repealed by 1971 c.749 §82]
260.082 [1971
c.749 §8; repealed by 1973 c.744 §48]
260.083 Contents of statements.
(1) A statement filed under ORS 260.057, 260.076 or 260.118 shall list:
(a)
Except as provided in ORS 260.085, for a contribution:
(A)
The name, occupation and address of each person, and the name and address of
each political committee or petition committee, that contributed an aggregate
amount of more than $100 in a calendar year on behalf of a candidate or to a
political committee or petition committee and the total amount contributed by
that person or committee; and
(B)
The total amount of other contributions as a single item, but shall specify how
those contributions were obtained.
(b)
For an expenditure:
(A)
The amount and purpose of each expenditure made in an aggregate amount of more
than $100 to a payee, the name or, if applicable, the business name of the
payee of the expenditure, and the city, or county if the payee is not located
in a city, and state in which the payee is located; and
(B)
The total amount of other expenditures as a single item.
(c)
Each loan, whether repaid or not, made by or to the candidate, political
committee or petition committee. The statement shall list:
(A)
The name and address of each person shown as a cosigner or guarantor on a loan
and the amount of the obligation undertaken by each cosigner or guarantor;
(B)
The name of the lender holding the loan; and
(C)
The terms of the loan, including the interest rate and repayment schedule.
(2)(a)
A contribution shall be reported as an account receivable only if the
contribution is not received within the time specified in ORS 260.057, 260.076
or 260.118.
(b)
An expenditure shall be reported as an account payable only if the expenditure
is not paid within the time specified in ORS 260.057, 260.076 or 260.118.
(3)
Anything of value paid for or contributed by any person shall be listed as both
an in-kind contribution and an expenditure by the candidate or committee for
whose benefit the payment or contribution was made.
(4)
If a candidate, political committee or petition committee under ORS 260.057 or
260.118 makes an expenditure that must be reported as an in-kind contribution
and an expenditure as provided in subsection (3) of this section, the
candidate, political committee or petition committee making the original
expenditure shall, in any statement filed under ORS 260.057 or 260.118,
identify the expenditure as an in-kind contribution and identify the candidate,
political committee or petition committee for whose benefit the expenditure was
made.
(5)
If a political committee makes an expenditure that qualifies as an independent
expenditure under ORS 260.005 (10), the listing of the expenditure under this
section shall identify any candidates or measures that are the subject of the
independent expenditure and state whether the independent expenditure was used
to advocate the election, passage or defeat of the candidates or measures.
(6)
As used in this section:
(a)
“Address” has the meaning given that term in rules adopted by the Secretary of
State.
(b)
“Contribution” and “expenditure” include a contribution or expenditure to or on
behalf of an initiative, referendum or recall petition. [Formerly 260.162; 1981
c.234 §11; 1985 c.732 §5; 1989 c.80 §4; 1989 c.503 §42; 1989 c.1054 §12; 1991
c.258 §1; 1991 c.719 §15; 1993 c.493 §68; 1995 c.1 §20; 1995 c.607 §87; 1999
c.262 §3; 1999 c.814 §1; 1999 c.999 §10; 2001 c.82 §5; 2001 c.965 §59; 2003
c.542 §14; 2005 c.797 §13; 2005 c.809 §§8,16; 2009 c.818 §10]
260.085 Listing of occupation of
contributor; procedure when occupation is unknown.
(1) An account required by ORS 260.055 and a statement required by ORS 260.083
to list the occupation of a contributor must list the occupation of the
contributor in the account and on the first statement filed under ORS 260.057
or 260.076 after the contribution is received if the occupation is known to the
candidate, political committee or petition committee filing the statement.
(2)
If an account required by ORS 260.055 or a statement required by ORS 260.083 to
list the occupation of a contributor does not list the occupation of the
contributor as required by ORS 260.055 or on the first statement filed under
ORS 260.057 or 260.076 after the contribution is received, the candidate,
political committee or petition committee shall file with the account and with
the statement filed under ORS 260.057 documentation of a written request to the
contributor to furnish the contributor’s occupation.
(3)
If a candidate, political committee or petition committee receives a
contribution that does not identify the occupation of the contributor, the
candidate or committee shall make a written request to the contributor to
furnish the occupation of the contributor within seven calendar days after
receiving the contribution. A written request under this subsection may be sent
by electronic mail.
(4)
If a candidate, political committee or petition committee receives information
identifying the occupation of a contributor after making a written request
under subsection (3) of this section, the candidate or committee, within seven
calendar days after receiving the information, shall include the contributor’s
occupation in the account kept under ORS 260.055 and in the contributor’s entry
filed under ORS 260.057. [1989 c.80 §3; 1991 c.719 §16; 1993 c.493 §69; 2001
c.82 §6; 2003 c.542 §15; 2005 c.797 §14; 2005 c.809 §34; 2008 c.41 §4; 2009
c.818 §28]
260.090
[Repealed by 1971 c.749 §82]
260.092 [1971
c.749 §9; 1973 c.744 §13; 1975 c.683 §8; 1977 c.836 §9; 1979 c.190 §350;
repealed by 1981 c.234 §19]
260.100
[Repealed by 1957 c.643 §9]
260.102 Statements of persons reducing
expenditure deficit. (1) A person who receives or
expends money or any other thing of value, after the date of an election, for
the purpose of reducing an expenditure deficit shown by a statement of
contributions and expenditures filed by a candidate or treasurer, shall file
with the Secretary of State a statement showing the source of all moneys or
other things of value received or expended if the person:
(a)
Is not the candidate or treasurer; and
(b)
Does not receive or expend the money or other thing of value through the
candidate or treasurer.
(2)
The statement shall list the name, occupation and address of each person, or
the name, address and primary nature of each political committee, who
contributed an aggregate amount of more than $100 on behalf of a candidate or
regarding a measure. The statement may list as a single item the total amount
of other contributions, but shall specify how those contributions were
obtained. The statement must be signed and certified as true by the person
required to file it or by the person’s authorized representative.
(3)
As used in this section, “address” includes street number and name, rural route
number or post-office box, and city and state. [1971 c.749 §10; 1973 c.744 §14;
1975 c.675 §33; 1979 c.190 §351; 1991 c.258 §3; 1991 c.719 §17; 2005 c.809 §§35,35a]
260.105 [1957
c.643 §1; 1959 c.416 §1; 1963 c.175 §1; 1971 c.749 §28; renumbered 260.345]
260.110
[Amended by 1957 c.643 §7; repealed by 1971 c.749 §82]
260.112 Filing of certificate by candidate
or treasurer of political committee or petition committee who expects neither
contributions nor expenditures to exceed $3,000; schedule.
(1)(a) A candidate or a treasurer of a political committee who expects neither
the aggregate contributions to be received nor the aggregate expenditures to be
made by or on behalf of the candidate or political committee to exceed $3,000
in total amount during the calendar year shall file a certificate to that
effect with the Secretary of State. The candidate or treasurer shall make the
certificate according to the best of the knowledge or belief of the candidate
or treasurer. A candidate or treasurer filing a certificate under this section
is not required to file statements under ORS 260.057.
(b)
A treasurer of a petition committee organized under ORS 260.118 who expects neither
the aggregate contributions to be received nor the aggregate expenditures to be
made by a chief petitioner or the treasurer to exceed $3,000 in total amount
during the calendar year shall file a certificate to that effect with the
Secretary of State. The treasurer shall make the certificate according to the
best of the knowledge or belief of the treasurer. A treasurer filing a
certificate under this section is not required to file statements under ORS
260.118.
(2)
A certificate described in subsection (1) of this section shall be filed:
(a)
By a candidate, not sooner than the date on which the candidate files a
declaration of candidacy or nominating petition, accepts a nomination or is
nominated to fill a vacancy in a nomination or in a partisan elective office,
and not later than seven calendar days after the candidate receives a
contribution or makes an expenditure.
(b)
By a treasurer of a political committee, not sooner than the date that the
political committee files a statement of organization under ORS 260.042, and
not later than seven calendar days after the political committee receives a
contribution or makes an expenditure.
(c)
By a treasurer of a petition committee, not sooner than the date that a chief
petitioner or the treasurer files a statement of organization under ORS
260.118, and not later than seven calendar days after a chief petitioner or the
treasurer receives a contribution or makes an expenditure.
(3)
A candidate, political committee or petition committee under this section must
keep contribution and expenditure records during the calendar year.
(4)
If at any time following the filing of a certificate under this section and
during the calendar year either the aggregate contributions or aggregate
expenditures exceed $3,000, the candidate or treasurer shall do all of the
following:
(a)
File a statement under ORS 260.057 or 260.118 within seven calendar days after
either the aggregate contributions or aggregate expenditures exceed $3,000. The
statement must reflect all contributions received and expenditures made by or
on behalf of the candidate, political committee or petition committee to that
date, beginning January 1 of the calendar year.
(b)
If necessary, file additional statements under ORS 260.057 or 260.118.
(5)
This section does not apply to a candidate for federal office.
(6)
As used in this section, “contribution” and “expenditure” include a
contribution or expenditure to or on behalf of an initiative, referendum or
recall petition. [1971 c.749 §11; 1975 c.683 §9; 1977 c.644 §5; 1979 c.190 §352;
1981 c.234 §12; 1985 c.808 §56; 1987 c.727 §7; 1989 c.503 §27; 1991 c.87 §5;
1999 c.999 §22; 2005 c.797 §15; 2005 c.809 §36a; 2009 c.818 §11; 2011 c.481 §1]
260.118 Treasurer and statement of
organization of petition committee; filing electronic statements of
contributions and expenditures; schedule; rules.
(1) The chief petitioners of an initiative, referendum or recall petition shall
appoint a treasurer. The treasurer shall be an elector of this state.
Contributions shall be received and expenditures made by or through the
treasurer.
(2)
The treasurer shall file a statement of organization of a petition committee
with the appropriate filing officer. The treasurer shall file the statement not
later than the third business day after a chief petitioner or the treasurer
receives a contribution or makes an expenditure relating to the initiative,
referendum or recall petition. The statement shall include:
(a)
The name and address of the chief petitioners.
(b)
The name and address of the treasurer appointed under subsection (1) of this
section.
(c)
A designation of the initiative, referendum or recall petition. The designation
of the recall petition shall include the name of the officer whose recall is
demanded.
(d)
The name of the financial institution in which the petition account required
under ORS 260.054 is established, the name and number of the account, the name
of the account holder and the names of all individuals who have signature
authority for the account. The Secretary of State may not disclose information
received by the secretary under this paragraph except as necessary for purposes
of enforcing the provisions of ORS chapters 246 to 260.
(3)
If there is a change in the information submitted in a statement of organization
under subsection (2) of this section, the treasurer shall file an amended
statement of organization not later than the 10th day after the change in
information.
(4)
The treasurer of an initiative, referendum or recall petition committee shall
use the electronic filing system adopted under ORS 260.057 to file with the
Secretary of State statements of contributions received and expenditures made
by the petition committee, as described in ORS 260.083.
(5)
The treasurer of an initiative petition committee shall file a statement
described in subsection (4) of this section not later than seven calendar days
after a contribution is received or an expenditure is made. This subsection
applies to contributions received and expenditures made:
(a)
During the period beginning on the 42nd calendar day before the date that is
four months before a general election and ending on the date that is four
months before a general election; and
(b)
During the period beginning on the 42nd calendar day before the date of any
primary election and ending on the date of the primary election and the period
beginning on the 42nd calendar day before the date of any general election and
ending on the date of the general election.
(6)
The treasurer of a referendum petition committee or a recall petition committee
shall file a statement described in subsection (4) of this section not later
than seven calendar days after a contribution is received or an expenditure is
made. This subsection applies:
(a)
For a referendum petition committee, to contributions received and expenditures
made during the period beginning on the date the treasurer is appointed under
subsection (1) of this section and ending on the deadline for submitting
signatures for verification; and
(b)
For a recall petition committee, to contributions received and expenditures
made during the period beginning on the day after the date on which the
statement of contributions received and expenditures made that is required
under ORS 249.865 is filed and ending on the deadline for submitting signatures
for verification.
(7)
Except as provided in subsection (8) of this section, during a period not
described in subsection (5) or (6) of this section, a treasurer of an
initiative, referendum or recall petition committee shall file a statement
described in subsection (4) of this section not later than 30 calendar days
after a contribution is received or an expenditure is made.
(8)
If a treasurer of an initiative petition committee receives a contribution or
makes an expenditure prior to the 42nd calendar day before the date that is
four months before a general election, or the 42nd day before the date of the
primary election or general election, and the treasurer has not filed a
statement of the contribution or expenditure under subsection (4) of this
section by the 43rd calendar day before the date that is four months before a
general election, or the 43rd day before the date of the primary election or
general election, the treasurer shall file a statement described in subsection
(4) of this section not later than the 35th calendar day before the date that
is four months before a general election, or the 35th day before the date of
the primary election or general election.
(9)
For an initiative petition committee, the accounting period for the first
statement filed under this section begins on the date the treasurer is
appointed under subsection (1) of this section.
(10)
Each statement required under this section shall be signed and certified as
true by the treasurer. Signatures shall be supplied in the manner specified by
the secretary by rule.
(11)
Subsections (4) to (10) of this section do not apply to petition committees
that file certificates under ORS 260.112.
(12)
As used in this section, “contribution” and “expenditure” include a
contribution or expenditure to or on behalf of an initiative, referendum or
recall petition. [1983 c.71 §6; 1985 c.808 §57; 1987 c.210 §2; 1987 c.727 §8;
1991 c.719 §54; 1993 c.493 §§70,71; 1995 c.607 §57; 1999 c.999 §11; 2001 c.732 §1;
2001 c.965 §56; 2005 c.797 §16; 2005 c.809 §37; 2007 c.848 §13; 2009 c.818 §12]
260.120
[Amended by 1957 c.643 §8; 1961 c.67 §1; repealed by 1971 c.749 §82]
260.122 [1971
c.749 §12; 1973 c.744 §15; repealed by 1977 c.644 §7]
260.130 [1967
c.339 §2; repealed by 1971 c.749 §82]
260.132 [1971
c.749 §13; repealed by 1975 c.683 §15]
260.142 [1971
c.749 §14; repealed by 1973 c.744 §48]
260.150 [1975
c.684 §5; 1979 c.190 §353; repealed by 1987 c.727 §15]
260.152 [1971
c.749 §15; repealed by 1973 c.744 §48]
260.153 [1979
c.190 §354; repealed by 1987 c.727 §15]
260.154 [1973
c.744 §10; repealed by 1975 c.684 §11]
260.156 Rules for reporting expenditures
and contributions. (1) The Secretary of State may
adopt rules for the manner of determining and reporting expenditures and
contributions under this chapter, including but not limited to rules for
allocation of contributions and expenditures and for determination of fair
market value of contributions other than money. Rules adopted under this
section shall provide for proportional reporting of expenditures and
contributions that benefit more than one candidate or political committee.
(2)
The valuation or allocation of any contribution or expenditure under a rule
adopted by the Secretary of State before the contribution or expenditure was
made or, if it is a continuing contribution or expenditure, the valuation or
allocation of that part available to and used on behalf of the candidate after
the adoption of the rule, shall be presumed to be the fair market value or
allocation of it. [1973 c.744 §11; 1975 c.683 §10; 1975 c.684 §7a; 1979 c.190 §355;
2001 c.965 §64]
260.158 [1973
c.744 §12; 1975 c.683 §10a; 1979 c.190 §345; renumbered 260.044]
260.159 [1999
c.824 §7; repealed by 2005 c.809 §56]
260.160 [1995
c.1 §3; repealed by 1999 c.999 §59]
260.161 [2001
c.82 §13; repealed by 2005 c.809 §56]
260.162 [1971
c.749 §16; 1973 c.744 §16; 1975 c.675 §34a; 1975 c.683 §11; 1979 c.190 §349;
renumbered 260.083]
260.163 County or city campaign finance
provisions. (1) A county or city may adopt charter
provisions or ordinances that:
(a)
Require the filing of electronic or paper statements of contributions received
and expenditures made that are in addition to the statements required to be
filed under this chapter by candidates for nomination or election to county or
city office or by political committees supporting or opposing candidates for
nomination or election to county or city office or the adoption of a county or
city measure;
(b)
Require the filing of electronic or paper statements of independent
expenditures made by persons in support of or in opposition to candidates for
nomination or election to county or city office or in support of or in
opposition to the adoption of a county or city measure that are in addition to
the statements required to be filed under this chapter; or
(c)
Subject to subsection (2) of this section, designate the county clerk or city
elections officer as the filing officer for:
(A)
Statements required to be filed under this chapter by candidates for nomination
or election to county or city office or by political committees supporting or
opposing candidates for nomination or election to county or city office or the
adoption of a county or city measure;
(B)
Statements required to be filed under this chapter by persons making
independent expenditures in support of or opposition to candidates for
nomination or election to county or city office or in support of or opposition
to the adoption of a county or city measure;
(C)
Any additional statements of contributions received or expenditures made that
are required by a charter provision or ordinance to be filed by candidates for
nomination or election to county or city office or by political committees
supporting or opposing candidates for nomination or election to county or city
office or the adoption of a county or city measure; or
(D)
Any additional statements of independent expenditures made that are required by
a charter provision or ordinance to be filed by persons supporting or opposing
candidates for nomination or election to county or city office or supporting or
opposing the adoption of a county or city measure.
(2)
If a county or city adopts a charter provision or ordinance requiring the
filing of statements of contributions received and expenditures made or the
filing of statements of independent expenditures that are in addition to the
statements required to be filed under this chapter, the charter provision or
ordinance shall also designate the county clerk or city elections officer as
the filing officer for the additional statements.
(3)
If a county or city adopts a charter provision or ordinance under subsection
(1) of this section:
(a)
The county or city shall file a copy of the charter provision or ordinance with
the Secretary of State; and
(b)
For purposes of this chapter, any additional statements required to be filed by
the charter provision or ordinance are considered statements required to be
filed under ORS 260.044 or 260.057.
(4)
If a county or city adopts a charter provision or ordinance under subsection
(1) of this section that designates the county clerk or city elections officer
as the filing officer for a statement described in subsection (1) of this
section, any reference in this chapter to the filing officer or to the
Secretary of State as the filing officer for the statement is considered a
reference to the county clerk or the city elections officer. [2005 c.809 §§51,52]
260.164 [1995
c.1 §15; repealed by 1999 c.999 §59]
260.165 [1987
c.902 §9; 1989 c.986 §2; 1989 c.987 §30; repealed by 1993 c.797 §33; amended by
1994 initiative, 1995 c.1 §21; repealed by 1995 c.607 §91]
260.168 [1995
c.1 §4; repealed by 1999 c.999 §59]
260.170 [1987
c.902 §10; 1993 c.493 §71; repealed by 1993 c.797 §33]
260.172 [1995 c.1
§16; repealed by 1999 c.999 §59]
260.174
[Formerly 260.725; 1999 c.318 §43; repealed by 2005 c.797 §73]
260.175 [1987
c.902 §11; repealed by 1993 c.797 §33]
260.178 [1995
c.1 §5; repealed by 1999 c.999 §59]
260.180 [1995
c.1 §6; repealed by 1999 c.999 §59]
260.182 [1995
c.1 §7; repealed by 1999 c.999 §59]
260.184 [1995
c.1 §13; repealed by 1999 c.999 §59]
260.188 [1995
c.1 §8; repealed by 1999 c.999 §59]
260.190 [1995
c.1 §14; repealed by 1999 c.999 §59]
260.192 [1995
c.1 §17; repealed by 1999 c.999 §59]
(Administration and Enforcement)
260.200 Secretary of State rules for
accounts, forms, material to be retained and material not subject to
disclosure. The Secretary of State by rule shall:
(1)
Prescribe a uniform system for accounts required by ORS 260.055.
(2)
Prescribe forms for statements and other information required under this
chapter to be filed with filing officers, and furnish those forms to persons
required to file those statements and other information.
(3)
Prescribe materials, including financial institution account statements and
copies of checks, that a candidate, political committee or petition committee
must retain or provide to the secretary for purposes of administering or
enforcing the provisions of this chapter. The secretary shall prescribe
personal or confidential information that is not required to be disclosed under
this subsection. [1971 c.749 §17; 1979 c.190 §356; 1985 c.808 §58; 1993 c.493 §72;
1999 c.999 §12; 2005 c.809 §7; 2009 c.818 §29]
260.202 [1995 c.1
§12; repealed by 1999 c.999 §59]
260.205 Inspection of statements; notice
of failure to file correct statements; complaints; sufficiency of response.
(1) A filing officer shall inspect each statement filed under ORS 260.057,
260.083, 260.102, 260.112 or 260.118 not later than the 10th business day after
the filing deadline or the 10th business day after the statement is filed,
whichever is later.
(2)
A filing officer immediately shall notify a person required to file a statement
with the filing officer under ORS 260.057, 260.083, 260.102, 260.112 or 260.118
if:
(a)
Upon examination of relevant materials, it appears to the filing officer that
the person has failed to file a required statement or that a statement filed
with the filing officer by the person is insufficient; or
(b)
A complaint is filed with the filing officer under subsection (3) of this
section.
(3)
An elector may file with a filing officer a complaint that a statement filed
with the filing officer is insufficient or that a person has failed to file a
required statement. The complaint shall be in writing, shall state in detail
the reasons for complaint and shall be filed with the filing officer not later
than the 90th day after the date the statement of which it complains is filed
or should have been filed.
(4)
If upon receiving notification under subsection (2) of this section a person
responds by filing a statement or submitting information to correct an
insufficient statement, the filing officer shall confirm whether the person’s
response is sufficient not later than 90 days after receiving the response. If,
within 90 days, the filing officer does not confirm whether a response is
sufficient under this subsection, the person is not subject to civil penalty
under ORS 260.232 for failure to file or failure to include the required
information in the statement. [1971 c.749 §18; 1979 c.190 §357; 1981 c.142 §6;
1985 c.808 §59; 1991 c.719 §18; 1993 c.493 §73; 1999 c.999 §13; 2001 c.732 §6;
2003 c.542 §16; 2005 c.797 §25; 2005 c.809 §38a; 2009 c.818 §22]
260.210
[Amended by 1971 c.749 §36; renumbered 260.402]
260.215 Periodic examination and
investigation of statements; random selection; documentation of transactions;
rules. (1) For statements filed during each
calendar year, each filing officer shall examine each statement filed with the
filing officer under ORS 260.044, 260.057, 260.083, 260.102, 260.112 or 260.118
(4) to determine whether the statement is sufficient. The filing officer shall
examine statements under this section not later than 90 days after the end of
each calendar quarter for statements filed during the previous calendar
quarter.
(2)
The filing officer may require any person to answer in writing and upon oath or
affirmation before a judge, justice of the peace, county clerk or notary public
any question within the knowledge of that person concerning the source of any
contribution. The filing officer shall advise the person of the penalty for
failure to answer.
(3)(a)
For statements filed during each calendar year, in addition to the requirements
of this section and ORS 260.205, the Secretary of State shall review statements
filed with the secretary under ORS 260.057 by a candidate, political committee
or petition committee. For each review, the secretary shall require a candidate,
treasurer of a political committee or treasurer of a petition committee to
provide documentation of not more than 10 transactions.
(b)
The secretary by rule shall designate a method by which the statements filed by
a candidate or committee shall be randomly selected for review under this
subsection. The secretary shall review statements under this subsection twice
in a calendar year. [1971 c.749 §19; 1973 c.744 §19; 1979 c.190 §358; 1981
c.142 §7; 1983 c.71 §7; 1993 c.493 §74; 1995 c.712 §78; 1999 c.999 §14; 2003
c.542 §17; 2005 c.809 §§39,39a; 2007 c.848 §15; 2009 c.818 §13]
260.218 Subpoena authority.
(1) The Secretary of State may issue subpoenas to compel the production of
records, documents, books, papers, memoranda or other information necessary to
determine 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. [1987 c.727 §13; 1993 c.493 §75; 1999 c.999 §15]
260.220
[Repealed by 1971 c.749 §82]
260.225 Court proceedings to compel filing
of correct statements; attorney fees. (1) Upon the
petition of the Secretary of State or an elector, or of any other filing
officer with whom a statement is required to be filed, the circuit court for
the county in which the principal office of the filing officer is located may
compel a candidate, treasurer or person who fails to file a statement required
to be filed with the filing officer under ORS 260.044, 260.057, 260.076,
260.083, 260.102, 260.112 or 260.118, or who files with the filing officer an
insufficient statement, to file with the filing officer a proper statement. The
petition shall be filed with the circuit court not later than the 90th day
after the date the statement is filed or should have been filed.
(2)
If the court determines that a petition filed under this section is frivolous
or the court does not compel the filing of any statement, the candidate,
treasurer or person against whom the petition was filed is entitled to recover
reasonable attorney fees at trial and on appeal. [1971 c.749 §20; 1973 c.744 §20;
1979 c.190 §359; 1985 c.808 §60; 1989 c.571 §1; 1993 c.493 §76; 1999 c.999 §16;
2001 c.82 §7; 2003 c.542 §18; 2005 c.809 §40; 2009 c.818 §14]
260.227 [1973
c.744 §18; repealed by 1975 c. 684 §1 (260.228 enacted in lieu of 260.227)]
260.228 [1975
c.684 §2 (enacted in lieu of 260.227); 1979 c.519 §34; repealed by 1979 c.190 §431]
260.230
[Repealed by 1967 c.630 §2 (260.231 enacted in lieu of 260.230)]
260.231 [1967
c.630 §3 (260.231 enacted in lieu of 260.230); 1971 c.749 §40; renumbered
260.432]
260.232 Civil penalty for failure to file
statement or to include required information; notice.
(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, 260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or 260.118.
(b)
Failure to include in a statement filed under ORS 260.057, 260.076, 260.078,
260.083, 260.102, 260.112 or 260.118 the information required under ORS
260.057, 260.076, 260.083, 260.102 or 260.118.
(2)(a)
If a person required to file has not filed a statement or certificate complying
with applicable provisions of ORS 260.044, 260.057, 260.076, 260.078, 260.083,
260.085, 260.102, 260.112 or 260.118 within the time specified in ORS 260.044,
260.057, 260.076, 260.078 or 260.118, the Secretary of State by first class
mail shall notify the person that a penalty may be imposed and that the person
has 20 days from the service date on the notice to request a hearing before the
Secretary of State.
(b)
If the person required to file is a candidate or the principal campaign
committee of a candidate, the Secretary of State shall send the notice described
in paragraph (a) of this subsection by first class mail to the candidate and to
the candidate’s treasurer or the treasurer of the candidate’s principal
campaign committee. The notice sent to the candidate shall be used for purposes
of determining the deadline for requesting a hearing under subsection (3) of
this section. The Secretary of State is not required to send two notices if the
candidate serves as the treasurer of the candidate’s principal campaign
committee.
(3)
A hearing on whether to impose a civil penalty and to consider circumstances in
mitigation shall be held by the Secretary of State:
(a)
Upon request of the person against whom the penalty may be assessed, if the
request is made not later than the 20th day after the person received the
notice sent under subsection (2) of this section;
(b)
Upon request of the filing officer with whom a statement or certificate was
required to be filed but was not filed; or
(c)
Upon the Secretary of State’s own motion.
(4)
A hearing under subsection (3) of this section shall be held not later than 45
days after the deadline for the person against whom the penalty may be assessed
to request a hearing. However, if requested by the person against whom the
penalty may be assessed, a hearing under subsection (3) of this section shall
be held not later than 60 days after the deadline for the person against whom
the penalty may be assessed to request a hearing.
(5)
The Secretary of State shall issue an order not later than 90 days after a
hearing or after the deadline for requesting a hearing if no hearing is held.
(6)
The person against whom a penalty may be assessed need not appear in person at
a hearing held under this section, but instead may submit written testimony and
other evidence, subject to the penalty for false swearing, to the Secretary of
State for entry in the hearing record. The testimony and other evidence must be
received by the secretary not later than three business days before the day of
the hearing and may be submitted electronically.
(7)
A civil penalty imposed under this section may not be more than the following:
(a)
For failure to file a statement or certificate required to be filed under ORS
260.044, 260.057, 260.076, 260.078, 260.083, 260.102, 260.112 or 260.118, 10
percent of the total amount of the contribution or expenditure required to be
included in the statement or certificate; or
(b)
For each failure to include in a statement filed under ORS 260.057, 260.076,
260.078, 260.083, 260.102, 260.112 or 260.118 the information required under
ORS 260.057, 260.076, 260.083, 260.102 or 260.118, 10 percent of the total
amount of the contribution or expenditure required to be included in the
statement.
(8)
The Secretary of State, upon a showing of mitigating circumstances, may reduce
the amount of the penalty described in subsection (7) of this section.
(9)
Except as otherwise provided by this section, civil penalties under this
section shall be imposed as provided in ORS 183.745. [1979 c.190 §360; 1979
c.519 §34a; 1981 c.234 §13; 1983 c.71 §8; 1985 c.471 §14; 1991 c.319 §1; 1991
c.719 §30; 1991 c.734 §118; 1993 c.493 §77; 1993 c.743 §24; 1999 c.999 §17;
2001 c.82 §8; 2003 c.542 §19; 2005 c.797 §17; 2005 c.809 §41; 2009 c.818 §15;
2011 c.652 §9]
260.234 Notice of civil penalty; sufficiency
of response; timeline for action by filing officer.
(1) A filing officer having reason to believe that a violation of an election
law or rule for which a civil penalty may be imposed under ORS 260.232 has
occurred shall proceed promptly as though the officer had received a complaint
under ORS 260.345 and, not later than two years following the date the
violation is alleged to have occurred, shall:
(a)
Determine whether a violation occurred; and
(b)
If a penalty is to be imposed, notify the person alleged to have committed the
violation in the manner described in ORS 260.232 (2).
(2)
Not later than 90 calendar days after receiving payment for a penalty imposed
under ORS 260.232 or receiving other information in response to a notification
under subsection (1) of this section, the Secretary of State shall send a
notice to the person stating whether the response or payment received is
sufficient. [2009 c.818 §25]
260.235 [1971
c.749 §21; 1973 c.744 §21; repealed by 1979 c.190 §431]
260.240
[Repealed by 1967 c.630 §5]
260.241 Removal from general election
ballot for failure to file statement; notice to candidate.
(1) Despite delay in the filing of statements relating to a candidate’s
nomination required to be filed under ORS 260.057, or in the filing of a
certificate described in ORS 260.112 in lieu of a statement required under ORS
260.057, prior to the nominating election, the candidate’s name shall appear on
the general election ballot if those statements or the certificate is filed
before the 61st day before the general election.
(2)
A candidate’s name may not be placed on the general election ballot if the
statements or certificate referred to in subsection (1) of this section is not
filed before the 61st day before the general election.
(3)
If the statements or certificate referred to in subsection (1) of this section
is not filed by the 68th day before the general election, the filing officer by
mail shall notify the candidate 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 first class mail to the candidate and 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 treasurer of the candidate’s principal campaign committee. [1979 c.190 §361;
1981 c.234 §14; 1985 c.808 §61; 1993 c.493 §78; 1999 c.999 §18; 2005 c.809 §42;
2011 c.652 §10]
260.245 Withholding certificate of election
or certificate of nomination for failure to file statement.
The Secretary of State, county clerk or chief city elections officer may not
grant a certificate of election or certificate of nomination to any candidate
until the candidate has filed the statements relating to the election that the
candidate is required to file under ORS 260.057. [1971 c.749 §22; 1973 c.744 §22;
1977 c.829 §21; 1979 c.190 §362; 1981 c.234 §15; 2003 c.542 §20; 2005 c.809 §43]
260.250
[Amended by 1971 c.749 §41; renumbered 260.442]
260.255 Preservation of filed statements
by filing officers; maintenance of data filed electronically; State Archivist
rules. (1) Except as provided in subsection
(2) of this section, a filing officer shall preserve each statement filed with
the officer under ORS 260.057, 260.076, 260.083, 260.102, 260.112 or 260.118,
or an accurate copy of it, for at least six calendar years.
(2)
The Secretary of State shall maintain all data filed electronically under ORS
260.057 on the Internet for at least six calendar years after the date the
secretary first makes the data available. After six calendar years, if the data
are not maintained on the Internet, the secretary shall retain and dispose of
the data in a manner prescribed by the State Archivist. The State Archivist
shall consider the value of the data for legal, administrative or research
purposes and shall establish rules for procedures for the retention and
disposition of data described in this section. [1971 c.749 §23; 1973 c.744 §23;
1975 c.683 §12; 1979 c.190 §363; 1981 c.234 §16; 1991 c.719 §31; 1993 c.493 §79;
1999 c.999 §19; 2001 c.82 §9; 2003 c.542 §21; 2005 c.797 §18; 2005 c.809 §§44,44a;
2007 c.848 §29; 2009 c.818 §30]
260.260
[Repealed by 1971 c.749 §82]
260.262 Accounts of chief petitioners;
review and inspection; retention; disclosure as public record; rules.
(1) As used in this section, “accounts” means:
(a)
Any contract entered into by a chief petitioner of an initiative or referendum
petition and any person for purposes of obtaining signatures on the initiative
or referendum petition or on a prospective petition for a state measure to be
initiated;
(b)
Any employment manual or training materials provided to persons who obtain
signatures on the petition or prospective petition;
(c)
Payroll records for each employee obtaining signatures on the petition or
prospective petition showing hours worked, number of signatures collected and
amounts paid;
(d)
Records identifying the amount and purpose of each payment made by the chief
petitioner or any contractor, as defined in ORS 260.563, to any subcontractor,
as defined in ORS 260.563, obtaining signatures on the petition or prospective
petition; and
(e)
Copies of signature sheets circulated by persons who are being paid to obtain
signatures on the petition or prospective petition.
(2)
For purposes of enforcing section 1b, Article IV of the Oregon Constitution, a
chief petitioner of an initiative or referendum petition who pays any person
money or other valuable consideration to obtain signatures on the petition or
prospective petition shall keep detailed accounts. The accounts shall be
current as of not later than the seventh calendar day after the date a payment
is made to a person for obtaining signatures on the petition or prospective petition.
(3)
The Secretary of State shall review the accounts of each chief petitioner
described in subsection (2) of this section in the manner and according to a
regular schedule adopted by the secretary by rule.
(4)
In addition to the review conducted under subsection (3) of this section, the
secretary, Attorney General or Commissioner of the Bureau of Labor and
Industries may inspect the accounts of a chief petitioner described in
subsection (2) of this section under reasonable circumstances at any time before
the deadline for filing signatures on the petition or during the period
specified for retention of the accounts under subsection (5) of this section.
The right of inspection may be enforced by writ of mandamus issued by any court
of competent jurisdiction.
(5)
A chief petitioner must preserve the accounts pertaining to an initiative or
referendum petition or a prospective petition for a state measure to be
initiated for at least two years after the deadline for filing the petition for
verification of signatures or at least two years after the date the last
statement is filed under ORS 260.118, whichever is later.
(6)
If a chief petitioner does not produce accounts under subsection (3) or (4) of
this section:
(a)
There is a rebuttable presumption that a violation of section 1b, Article IV of
the Oregon Constitution, has occurred; and
(b)
The chief petitioner may not obtain additional signatures on the petition or
prospective petition until the chief petitioner is able to supply the accounts
to the secretary, Attorney General or commissioner.
(7)
Accounts are not subject to disclosure under ORS 192.410 to 192.505. [2007
c.848 §5; 2009 c.533 §4]
260.265 [1995
c.1 §9; repealed by 1999 c.999 §59]
260.270
[Amended by 1957 c.644 §1; 1971 c.749 §44; renumbered 260.462]
260.280
[Amended by 1957 c.605 §1; 1967 c.630 §1; 1971 c.749 §45; renumbered 260.472]
260.290
[Repealed by 1957 c.644 §28]
260.300
[Amended by 1957 c.644 §2; repealed by 1971 c.749 §82]
260.305
[Formerly 260.010; repealed by 1973 c.744 §48]
260.310
[Amended by 1971 c.749 §47; renumbered 260.482]
ELECTION OFFENSES
(Administration and Enforcement)
260.315 Distribution of copies of law.
(1) The Secretary of State, at the expense of the state, shall furnish to the
other filing officers copies of this chapter.
(2)
A filing officer shall deliver a copy of this chapter to each candidate or
person whom the officer has reason to believe is required to file a statement
with the officer under ORS 260.057, 260.076, 260.083, 260.102, 260.112 or
260.118. [Formerly 260.030; 1979 c.190 §364; 1993 c.493 §80; 2001 c.82 §10;
2003 c.542 §22; 2005 c.809 §45]
260.320
[Amended by 1971 c.749 §48; renumbered 260.492]
260.325
[Formerly 260.540; 1979 c.190 §4; renumbered 246.046]
260.330
[Amended by 1957 c.644 §3; repealed by 1971 c.749 §82]
260.335 [1967
c.618 §§2, 3; 1971 c.749 §50; renumbered 260.502]
260.340
[Amended by 1957 c.644 §5; 1971 c.749 §51; renumbered 260.512]
260.345 Complaints or other information
regarding violations; action by Secretary of State and Attorney General.
(1) Any elector may file with any filing officer a written complaint alleging
that a violation of an election law or rule adopted by the Secretary of State
under ORS chapters 246 to 260 has occurred and stating the reason for believing
that the violation occurred and any evidence relating to it. A complaint and
any evidence relating to it may be filed electronically. A complaint alleging a
violation involving the Secretary of State, a candidate for the office of Secretary
of State, or any political committee or person supporting the Secretary of
State or a candidate for the office of Secretary of State may be filed with the
Attorney General. The Secretary of State or Attorney General shall not accept
an anonymous complaint.
(2)
The Secretary of State by rule shall prescribe the procedure for processing a
complaint filed with any person other than the Secretary of State. If the
complaint concerns the Secretary of State, any candidate for the office of the
Secretary of State, or any political committee or person supporting the
candidacy of the Secretary of State or of another person for the office of
Secretary of State, the complaint and any additional information relating to
the complaint shall be sent to the Attorney General.
(3)
Upon receipt of a complaint under subsection (1) or (2) of this section the
Secretary of State or Attorney General immediately shall examine the complaint
to determine whether a violation of an election law or rule has occurred and
shall make any investigation the Secretary of State or Attorney General
considers necessary. Except as provided in this subsection, within 48 hours of
receiving a complaint under subsection (1) or (2) of this section, the
Secretary of State or Attorney General shall notify the person who is the
subject of the complaint that a complaint has been received. If the Secretary
of State or Attorney General receives a complaint or complaints involving 25 or
more individuals, political committees or petition committees in any 24-hour
period, the Secretary of State or Attorney General need not notify the persons
who are the subjects of those complaints within 48 hours of receiving the
complaints but shall notify those persons not later than 10 business days after
receiving the complaint or complaints.
(4)
If the Secretary of State believes after an investigation under subsection (3)
of this section that a violation of an election law or rule has occurred, the
secretary:
(a)
In the case of a violation that is subject to a penalty under ORS 260.993,
immediately shall report the findings to the Attorney General and request
prosecution. If the violation involves the Attorney General, a candidate for
that office or a political committee or person supporting or opposing the Attorney
General or a candidate for that office, the Secretary of State shall appoint
another prosecutor for that purpose; or
(b)
In the case of a violation not subject to a penalty under ORS 260.993, may
impose a civil penalty under ORS 260.995.
(5)
Upon receipt of a complaint or report under subsection (1), (2) or (4) of this
section involving an alleged violation subject to a penalty under ORS 260.993,
the Attorney General or other prosecutor immediately shall examine the
complaint or report to determine whether a violation of an election law has
occurred. If the Attorney General or prosecutor determines that a violation has
occurred, the Attorney General or prosecutor immediately shall begin
prosecution in the name of the state. The Attorney General or other prosecutor
shall have the same powers in any county of this state as the district attorney
for the county.
(6)
Upon receipt of a complaint under subsection (1) or (2) of this section
involving an alleged violation of an election law or rule not subject to a
penalty under ORS 260.993, the Attorney General shall examine the complaint to
determine whether a violation of an election law or rule has occurred and shall
make any investigation the Attorney General considers necessary. If the
Attorney General believes after an investigation that a violation of an
election law or rule has occurred, the Attorney General may impose a civil
penalty under ORS 260.995.
(7)
In the case of an alleged violation subject to a civil penalty under ORS
260.995, a complaint shall be filed by an elector under this section no later
than 90 days following the election at which a violation of an election law or
rule is alleged to have occurred, or 90 days following the date the violation
of an election law or rule is alleged to have occurred, whichever is later.
(8)
A filing officer having reason to believe that a violation of an election law
or rule has occurred shall proceed promptly as though the officer had received
a complaint. Except as provided in ORS 260.234, a filing officer shall proceed
under this subsection no later than two years following the election at which a
violation of an election law or rule is alleged to have occurred, or two years
following the date the violation of an election law or rule is alleged to have
occurred, whichever is later. If a filing officer has not proceeded within two
years because of fraud, deceit, misleading representation or the filing officer
could not have reasonably discovered the alleged violation, the filing officer
shall proceed no later than five years following the election at which a
violation of an election law or rule is alleged to have occurred, or five years
following the date the violation of an election law or rule is alleged to have
occurred, whichever is later. [Formerly 260.105; 1973 c.744 §24; 1979 c.190 §365;
1987 c.718 §2; 1987 c.727 §9; 1989 c.171 §35; 1989 c.301 §1; 1989 c.571 §2;
1991 c.719 §32; 1993 c.493 §81; 2009 c.818 §23; 2011 c.607 §14]
260.350
[Repealed by 1971 c.749 §82]
260.351 Court proceedings for election law
violations, generally. A proceeding for violation of an
election law shall be advanced on the docket of the court upon request of any
party. However, the court may postpone or continue the trial if justice
demands. As a condition of a continuance or postponement the court may impose
costs. No petition shall be dismissed without the consent of the prosecutor,
unless it is dismissed by the court. [Formerly 260.375; 1985 c.471 §15]
260.355 Deprivation of nomination or
office for deliberate and material election violation.
If, after a plea of guilty by or verdict of guilty against a person nominated
or elected to a public office in a criminal prosecution of the person for
violation of an election law in regard to either the person’s nomination or
election, the court determines that the violation was deliberate and material,
the court, in addition to any other punishment it may impose, shall deprive the
person of the nomination or, if the person was elected to an office other than
state Senator or state Representative, of the office. In making the
determination the court, in its discretion, may hear evidence, by testimony in
open court or, if authorized by the court, by deposition, at a specified time
and upon notice to the parties as the court may direct. [1971 c.749 §30; 1979
c.190 §367]
260.360
[Amended by 1955 c.446 §1; 1971 c.749 §52; renumbered 260.522]
260.365 Election or appointment after
deprivation of nomination or office for violation.
(1) A person nominated or elected to public office, and whose nomination or
election has been annulled for violation of an election law, shall not serve,
during the term of the office, in any office or vacancy in any office or
position of trust, honor or emolument, whether elected or appointed, in this
state.
(2)
An appointment or election to an office or position of trust, honor or
emolument made in violation of subsection (1) of this section shall be void. [Formerly
260.470; 1979 c.190 §368]
260.368 Investigations of violations of
prohibition on payment based on number of signatures obtained on petition.
For the purpose of investigating violations of section 1b, Article IV of the
Oregon Constitution, the Secretary of State, Attorney General and Commissioner
of the Bureau of Labor and Industries may cooperate and share information as
considered necessary by the secretary, Attorney General or commissioner. [2007
c.848 §6]
260.370
[Repealed by 1971 c.749 §82]
260.375
[Formerly 260.520; 1979 c.190 §366; renumbered 260.351]
260.380
[Amended by 1967 c.83 §1; 1971 c.749 §54; renumbered 260.532]
260.390
[Amended by 1957 c.644 §6; repealed by 1971 c.749 §82]
260.400 [1965
c.489 §1; repealed by 1971 c.749 §82]
(Particular Offenses)
260.402 Contributions in false name.
(1) A person may not make a contribution in any name other than that of the
person who in truth provides the contribution to:
(a)
Any other person, relating to a nomination or election of any candidate or the
support of or opposition to any measure;
(b)
Any political committee; or
(c)
A petition committee required to file a statement under ORS 260.118.
(2)
Except as provided in subsection (3) of this section, a person, political
committee or petition committee may not knowingly receive a contribution
prohibited under subsection (1) of this section or enter or cause the
contribution to be entered in accounts or records in another name than that of
the person by whom it was actually provided.
(3)
If a person receives a contribution from a political committee, the person may
enter the contribution into accounts or records as received from the political
committee. [Formerly 260.210; 1973 c.744 §25; 1979 c.190 §369; 1991 c.911 §1;
2005 c.797 §19; 2005 c.809 §15; 2007 c.848 §30; 2009 c.818 §16]
260.405 [1967
c.593 §2; 1971 c.749 §55; renumbered 260.542]
260.407 Use of contributed amounts for
certain purposes. (1)(a) Except as provided in
paragraph (b) of this subsection, amounts received as contributions by a
candidate or the principal campaign committee of a candidate for public office
that are in excess of any amount necessary to defray expenditures and any other
funds donated to a holder of public office may be:
(A)
Used to defray any 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 the Internal
Revenue Code or to any charitable corporation as defined in ORS 128.620; or
(D)
Used for any other lawful purpose.
(b)
Amounts received as contributions by a candidate or the principal campaign
committee of a candidate for public office that are in excess of any amount
necessary to defray expenditures and other funds donated to a holder of public
office may not be:
(A)
Converted by any person to any personal use other than to defray any expenses
incurred in connection with the person’s duties as a holder of public office or
to repay to a candidate any loan the proceeds of which were used in connection
with the candidate’s campaign;
(B)
Except as provided in this subparagraph, used to pay any money award as defined
in ORS 18.005 included as part of a judgment in a civil or criminal action or
any civil penalty imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in this paragraph
may be used to pay a civil penalty imposed under this chapter, other than a
civil penalty imposed for a violation of this section or ORS 260.409; or
(C)
Except as provided in this subparagraph, used to pay any legal expenses
incurred by the candidate or public official in any civil, criminal or other
legal proceeding or investigation that relates to or arises from the course and
scope of the duties of the person as a candidate or public official.
Contributions described in this paragraph may be used to pay legal expenses
incurred by the candidate or public official in connection with a legal
proceeding brought under this chapter, other than a proceeding brought under
this section or ORS 260.409.
(2)(a)
Except as provided in paragraph (b) of this subsection, amounts received as
contributions by a political committee that is not a principal campaign
committee that are in excess of any amount necessary to defray expenditures may
be:
(A)
Used to repay to the political committee any loan the proceeds of which were
used in connection with the campaign;
(B)
Transferred to any national, state or local political committee of any
political party;
(C)
Contributed to any organization described in section 170(c) of the Internal
Revenue Code or to any charitable corporation as defined in ORS 128.620; or
(D)
Used for any other lawful purpose.
(b)
Amounts received as contributions by the political committee may not be:
(A)
Converted by any person to any personal use;
(B)
Except as provided in this subparagraph, used to pay any money award as defined
in ORS 18.005 included as part of a judgment in a civil or criminal action or
any civil penalty imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in this
subsection may be used to pay a civil penalty imposed under this chapter, other
than a civil penalty imposed for a violation of this section or ORS 260.409; or
(C)
Except as provided in this subparagraph, used to pay any legal expenses
incurred by a treasurer or director of a political committee in any civil,
criminal or other legal proceeding or investigation that relates to or arises
from the course and scope of the duties of the person as a treasurer or
director. Contributions described in this subsection may be used to pay legal
expenses incurred by a treasurer or director in connection with a legal
proceeding brought under this chapter, other than a proceeding brought under
this section or ORS 260.409.
(3)(a)
Except as provided in paragraph (b) of this subsection, amounts received as
contributions by a chief petitioner or treasurer of a petition committee
organized under ORS 260.118 that are in excess of any amount necessary to
defray expenditures may be:
(A)
Used to repay to the chief petitioner any loan the proceeds of which were used
in connection with the initiative, referendum or recall petition;
(B)
Transferred to any national, state or local political committee of any
political party;
(C)
Contributed to any organization described in section 170(c) of the Internal
Revenue Code or to any charitable corporation as defined in ORS 128.620; or
(D)
Used for any other lawful purpose.
(b)
Amounts received as contributions by a chief petitioner or treasurer of a
petition committee may not be:
(A)
Converted by any person to any personal use;
(B)
Except as provided in this subparagraph, used to pay any money award as defined
in ORS 18.005 included as part of a judgment in a civil or criminal action or
any civil penalty imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in this
subsection may be used to pay a civil penalty imposed under this chapter, other
than a civil penalty imposed for a violation of this section or ORS 260.409; or
(C)
Except as provided in this subparagraph, used to pay any legal expenses
incurred by a chief petitioner or treasurer in any civil, criminal or other
legal proceeding or investigation that relates to or arises from the course and
scope of the duties of the person as a chief petitioner or treasurer.
Contributions described in this subsection may be used to pay legal expenses
incurred by a chief petitioner or treasurer in connection with a legal
proceeding brought under this chapter, other than a proceeding brought under
this section or ORS 260.409.
(4)
As used in this section:
(a)
“Contribution” and “expenditure” include a contribution or expenditure to or on
behalf of an initiative, referendum or recall petition.
(b)
“Funds donated” means all funds, including but not limited to gifts, loans,
advances, credits or deposits of money that are donated for the purpose of
supporting the activities of a holder of public office. “Funds donated” does
not mean funds appropriated by the Legislative Assembly or another similar
public appropriating body or personal funds of the office holder donated to an
account containing only those personal funds.
(c)
“Public office” does not include national or political party office. [1995 c.1 §18;
1999 c.999 §20; 2007 c.877 §14; 2009 c.818 §17; 2010 c.9 §9]
260.409 Expenditures for professional
services rendered by candidate. A candidate
or principal campaign committee of a candidate may not use amounts received as
contributions by the candidate or committee to make an expenditure to or on
behalf of the candidate in consideration for the rendering of professional
services by the candidate. [2005 c.809 §12]
260.410
[Repealed by 1971 c.749 §82]
260.412 [1971
c.749 §38; 1973 c.744 §26; 1979 c.190 §387; renumbered 260.665]
260.415
[Formerly 260.472; repealed by 1983 c.71 §12]
260.420
[Amended by 1971 c.749 §43; renumbered 260.452]
260.422 Acceptance of employment where
compensation to be contributed. No person
shall accept employment with the understanding or agreement, express or
implied, that the person will contribute any of the compensation to be received
because of the employment to or on behalf of a candidate or political committee
in support of the nomination or election of the candidate or in support of or
in opposition to a measure. [1971 c.749 §39; 1973 c.744 §27; 1979 c.190 §371]
260.430
[Amended by 1971 c.644 §7; repealed by 1971 c.749 §82]
260.432 Solicitation of public employees;
activities of public employees during working hours.
(1) No person shall attempt to, or actually, coerce, command or require a
public employee to influence or give money, service or other thing of value to
promote or oppose any political committee or to promote or oppose the
nomination or election of a candidate, the gathering of signatures on an
initiative, referendum or recall petition, the adoption of a measure or the
recall of a public office holder.
(2)
No public employee shall solicit any money, influence, service or other thing
of value or otherwise promote or oppose any political committee or promote or
oppose the nomination or election of a candidate, the gathering of signatures
on an initiative, referendum or recall petition, the adoption of a measure or
the recall of a public office holder while on the job during working hours.
However, this section does not restrict the right of a public employee to
express personal political views.
(3)
Each public employer shall have posted in a conspicuous place likely to be seen
by its employees the following notice in printed or typewritten form:
______________________________________________________________________________
ATTENTION ALL
PUBLIC EMPLOYEES:
The
restrictions imposed by the law of the State of Oregon on your political
activities are that “No public employee shall solicit any money, influence,
service or other thing of value or otherwise promote or oppose any political
committee or promote or oppose the nomination or election of a candidate, the
gathering of signatures on an initiative, referendum or recall petition, the
adoption of a measure or the recall of a public office holder while on the job
during working hours. However, this section does not restrict the right of a public
employee to express personal political views.”
It
is therefore the policy of the state and of your public employer that you may
engage in political activity except to the extent prohibited by state law when
on the job during working hours.
______________________________________________________________________________
(4)
Nothing in this section prohibits an employee of the legislative branch from
explaining the vote of a member of the Legislative Assembly on:
(a)
An Act that has been referred to the people by law or petition under section 1
(3), Article IV of the Oregon Constitution;
(b)
An Act for which a prospective referendum petition has been filed under ORS
250.045; or
(c)
A constitutional amendment or revision proposed under section 1 or 2, Article
XVII of the Oregon Constitution.
(5)
As used in this section:
(a)
“Public employee” does not include an elected official or a person appointed as
a director to the board of a pilot education service district under section 11,
chapter 828, Oregon Laws 2005.
(b)
“Public employer” includes any board, commission, committee, department,
division or institution in the executive, administrative, legislative or
judicial branch of state government, and any county, city, district or other
municipal corporation or public corporation organized for a public purpose,
including a cooperative body formed between municipal or public corporations. [Formerly
260.231; 1973 c.53 §1; 1973 c.744 §27a; 1979 c.190 §372; 1979 c.519 §35a; 1983
c.71 §9; 1983 c.392 §1; 1985 c.565 §39; 1985 c.808 §62; 1987 c.718 §3; 1993
c.493 §106; 2007 c.589 §7; 2010 c.9 §15]
Note: The
amendments to 260.432 by section 8, chapter 589, Oregon Laws 2007, become
operative June 30, 2013. See section 15, chapter 828, Oregon Laws 2005, as
amended by section 6, chapter 589, Oregon Laws 2007, and section 6, chapter 59,
Oregon Laws 2010. The text that is operative on and after June 30, 2013,
including amendments by section 16, chapter 9, Oregon Laws 2010, is set forth
for the user’s convenience.
260.432. (1) No
person shall attempt to, or actually, coerce, command or require a public
employee to influence or give money, service or other thing of value to promote
or oppose any political committee or to promote or oppose the nomination or
election of a candidate, the gathering of signatures on an initiative,
referendum or recall petition, the adoption of a measure or the recall of a
public office holder.
(2)
No public employee shall solicit any money, influence, service or other thing
of value or otherwise promote or oppose any political committee or promote or
oppose the nomination or election of a candidate, the gathering of signatures
on an initiative, referendum or recall petition, the adoption of a measure or
the recall of a public office holder while on the job during working hours.
However, this section does not restrict the right of a public employee to
express personal political views.
(3)
Each public employer shall have posted in a conspicuous place likely to be seen
by its employees the following notice in printed or typewritten form:
______________________________________________________________________________
ATTENTION ALL
PUBLIC EMPLOYEES:
The
restrictions imposed by the law of the State of Oregon on your political
activities are that “No public employee shall solicit any money, influence,
service or other thing of value or otherwise promote or oppose any political
committee or promote or oppose the nomination or election of a candidate, the
gathering of signatures on an initiative, referendum or recall petition, the
adoption of a measure or the recall of a public office holder while on the job
during working hours. However, this section does not restrict the right of a
public employee to express personal political views.”
It
is therefore the policy of the state and of your public employer that you may
engage in political activity except to the extent prohibited by state law when
on the job during working hours.
______________________________________________________________________________
(4)
Nothing in this section prohibits an employee of the legislative branch from
explaining the vote of a member of the Legislative Assembly on:
(a)
An Act that has been referred to the people by law or petition under section 1
(3), Article IV of the Oregon Constitution;
(b)
An Act for which a prospective referendum petition has been filed under ORS
250.045; or
(c)
A constitutional amendment or revision proposed under section 1 or 2, Article
XVII of the Oregon Constitution.
(5)
As used in this section:
(a)
“Public employee” does not include an elected official.
(b)
“Public employer” includes any board, commission, committee, department,
division or institution in the executive, administrative, legislative or
judicial branch of state government, and any county, city, district or other
municipal corporation or public corporation organized for a public purpose,
including a cooperative body formed between municipal or public corporations.
260.440
[Amended by 1971 c.644 §8; repealed by 1971 c.749 §82]
260.442
[Formerly 260.250; 1973 c.744 §28; 1979 c.190 §383; renumbered 260.625]
260.450
[Repealed by 1957 c.644 §28]
260.452
[Formerly 260.420; 1973 c.744 §29; repealed by 1979 c.190 §431]
260.460
[Repealed by 1957 c.644 §28]
260.462
[Formerly 260.270; 1973 c.744 §30; 1979 c.190 §386; renumbered 260.655]
260.470
[Amended by 1957 c.644 §9; 1971 c.749 §34; renumbered 260.365]
260.472
[Formerly 260.280; 1973 c.744 §31; 1979 c.190 §370; renumbered 260.415]
260.480
[Amended by 1957 c.644 §11; repealed by 1971 c.749 §82]
260.482
[Formerly 260.310; 1973 c.744 §32; 1977 c.678 §3; 1979 c.190 §384; renumbered
260.635]
260.490
[Amended by 1959 c.644 §12; repealed by 1971 c.749 §82]
260.492
[Formerly 260.320; 1973 c.744 §33; repealed by 1979 c.190 §431]
260.500
[Amended by 1957 c.644 §13; 1971 c.749 §56; renumbered 260.552]
260.502
[Formerly 260.335; repealed by 1973 c.744 §48]
260.510
[Amended by 1957 c.644 §14; repealed by 1971 c.749 §82]
260.512
[Formerly 260.340; 1973 c.744 §34; 1979 c.190 §380; renumbered 260.605]
260.520
[Amended by 1957 c.644 §15; 1971 c.749 §35; renumbered 260.375]
260.522
[Formerly 260.360; 1973 c.483 §1; 1973 c.744 §35; 1975 c.683 §13; 1979 c.190 §373;
1981 c.234 §17; 1983 c.71 §11; 1985 c.808 §63; 1989 c.503 §28; 1989 c.1054 §13;
1993 c.359 §1; 1993 c.618 §2; repealed by 2001 c.965 §66]
260.530
[Repealed by 1957 c.644 §28]
260.532 False publication relating to
candidate or measure; civil action; damages; other remedies; limitation on
action. (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)
As used in subsection (1) of this section, “cause” does not include the
broadcast of an advertisement by a radio or television station or cable
television company unless the advertisement is for:
(a)
The candidacy of the owner, licensee or operator of the station or company; or
(b)
A ballot measure of which a chief petitioner is the owner, licensee or operator
of the station or company.
(3)
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.
(4)
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.
(5)
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.
(6)
A plaintiff who prevails in an action provided by subsection (5) of this
section may recover economic and noneconomic damages, as defined in ORS 31.710,
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. The
court shall award the prevailing party reasonable attorney fees at trial and on
appeal.
(7)
A political committee has standing to bring an action provided by subsection
(5) 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 (5) of this section, the plaintiff may
recover economic and noneconomic damages for all injury to the purpose of the
committee as provided in subsection (6) of this section.
(8)
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.
(9)
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 ensure that:
(a)
Final judgment on a complaint which relates to a 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.
(10)
The remedy provided by this section is the exclusive remedy for a violation of
this section. [Formerly 260.380; 1973 c.744 §36; 1975 c.683 §14; 1979 c.190 §374;
1979 c.667 §2; 1981 c.897 §45; 1983 c.756 §1; 1985 c.808 §63a; 1995 c.712 §79;
1997 c.829 §1; 1999 c.941 §1; 1999 c.999 §58]
260.540 [1957
c.644 §10; 1971 c.749 §27; renumbered 260.325]
260.542
[Formerly 260.405; 1973 c.744 §37; 1979 c.190 §375; repealed by 1993 c.383 §1]
260.545 [1987
c.826 §2; repealed by 1993 c.383 §1]
260.550 Use of term “incumbent.”
(1) No person shall describe a candidate as the incumbent in the office to
which the candidate seeks nomination or election in any material, statement or
publication supporting the election of the candidate, with knowledge or with
reckless disregard that the description is a false statement of material fact.
(2)
For purposes of this section, a candidate shall be considered an “incumbent” if
the candidate:
(a)
Was elected to the identical office in the most recent election to fill that
office and is serving and has served continuously in that office from the
beginning of the term to which the candidate was elected; or
(b)
Was appointed to the identical office after the most recent election to fill
that office and is serving and has served continuously in that office from the
date of appointment.
(3)
If district boundaries have changed since the previous election or the
appointment, a candidate shall be considered an “incumbent” if the candidate:
(a)
Was elected to an office of the same name as the office to which the candidate
seeks nomination or election at the most recent election to fill that office
and is serving and has served continuously in that office from the beginning of
the term to which the candidate was elected; or
(b)
Was appointed to an office of the same name as the office to which the
candidate seeks nomination or election after the most recent election to fill
that office and is serving and has served continuously in that office from the
date of appointment.
(4)
This section does not apply to any words or statements required by law to be
included in any statement produced by a filing officer or listed on a ballot. [1993
c.383 §3]
260.552
[Formerly 260.500; 1973 c.744 §38; repealed by 1979 c.190 §431]
260.555 Prohibitions relating to
circulation, filing or certification of initiative, referendum or recall
petition. (1) No person attempting to obtain
signatures on, or causing to be circulated, an initiative, referendum or recall
petition, shall knowingly make any false statement regarding the contents,
meaning or effect of the petition to any person who signs it, attempts to sign
it, is requested to sign it or requests information concerning it.
(2)
No person shall attempt to obtain signatures to, cause to be circulated or file
with a filing officer, an initiative, referendum or recall petition, knowing it
to contain a false signature.
(3)
No person shall attempt to obtain the signature of a person to an initiative,
referendum or recall petition knowing that the person signing the petition is
not qualified to sign it.
(4)
No person shall knowingly sign an initiative, referendum or recall petition
more than once, knowingly sign such petition when not qualified to sign it, or
sign such petition in any name other than the person’s own.
(5)
No public official or employee shall knowingly make a false certification
concerning an initiative, referendum or recall petition. [1979 c.190 §376; 2001
c.489 §1]
260.556 Secretary of State prohibited from
counting petition signatures obtained by certain persons.
The Secretary of State may not include in a count under ORS 250.045 (3) or
250.105 or ORS chapter 249 for purposes of determining whether an initiative,
referendum or recall petition or a prospective petition for a state measure to
be initiated contains the required number of signatures of electors, any
signatures obtained by a person who the secretary determines, during the
five-year period prior to the date the signatures were obtained:
(1)
Has been convicted for a criminal offense involving fraud, forgery or identification
theft in any state;
(2)
Has had a civil penalty imposed under ORS 260.995 for a violation of ORS
250.048 or 260.262; or
(3)
Has had a civil or criminal penalty imposed for violation of a statute subject
to a criminal penalty under ORS 260.993. [2009 c.533 §13]
260.558 Payment for signing or not signing
initiative, referendum or recall petition; sale or purchase of signature
sheets. (1) It is unlawful to offer, pay or
provide money or other valuable consideration to another person to sign or refrain
from signing an initiative, referendum or recall petition, and for the other
person to accept or agree to accept money or other valuable consideration for
signing or refraining to sign an initiative, referendum or recall petition.
(2)
It is unlawful to sell, offer to sell, purchase or offer to purchase, for money
or other valuable consideration, any signature sheet of an initiative,
referendum or recall petition or any other portion of the petition used to
gather signatures.
(3)
This section applies only to signatures, signature sheets or other portions of
an initiative, referendum or recall petition to be submitted to the filing
officer for the purpose of verifying whether the petition contains the required
number of signatures of electors. [1995 c.646 §2]
260.560 [1983
c.514 §16; 1985 c.808 §64; repealed by 1999 c.262 §1]
260.561 Liability of certain chief
petitioners for violations committed by persons obtaining signatures on
petition; exceptions. (1)(a) If a chief petitioner of
a statewide initiative or referendum petition has knowledge of a violation of
any provision of Oregon Revised Statutes, of any rule adopted by the Secretary
of State under ORS chapters 246 to 260 related to the circulation of a
statewide initiative or referendum petition or section 1b, Article IV of the
Oregon Constitution, committed by a person obtaining signatures on the chief
petitioner’s petition or prospective petition, the violation by the person
obtaining signatures is conclusively considered a violation by the chief
petitioner.
(b)
If a chief petitioner of a statewide initiative or referendum petition has
knowledge or should have had knowledge of a violation of ORS 250.048, 260.262,
260.555, 260.558, 260.567, 260.575, 260.665, 260.715 (1) or section 1b, Article
IV of the Oregon Constitution, or any rule adopted by the Secretary of State
related to section 1b, Article IV of the Oregon Constitution, petition sheets
or circulator training, registration or certification, committed by a person
obtaining signatures on the chief petitioner’s petition or prospective petition
or a contractor or subcontractor, as defined in ORS 260.563, the violation by
the person obtaining signatures or the contractor or subcontractor is
conclusively considered a violation by the chief petitioner.
(2)
A chief petitioner is not liable under subsection (1) of this section if the
chief petitioner notifies the Secretary of State in writing not later than one
business day after the chief petitioner obtains knowledge of a potential
violation. The notice shall state:
(a)
That a potential violation has occurred;
(b)
The nature of the potential violation; and
(c)
All specific information known to the chief petitioner regarding the potential
violation.
(3)
If a statewide initiative or referendum petition has more than one chief
petitioner, each chief petitioner who has knowledge or should have had
knowledge may be held liable under subsection (1) of this section.
(4)(a)
Subsection (1)(a) of this section does not apply to a violation of law that is
subject to criminal penalty.
(b)
A chief petitioner may not be held criminally liable under subsection (1)(b) of
this section solely based on a violation committed by a person obtaining
signatures on the chief petitioner’s petition or prospective petition or by a
contractor or subcontractor. [2001 c.489 §3; 2001 c.965 §63a; 2009 c.533 §5;
2009 c.720 §7]
260.563 Liability of contractor obtaining
signatures on petition for violations committed by subcontractor; exceptions.
(1) As used in this section:
(a)
“Contractor” means a person who contracts on predetermined terms with a chief
petitioner, or a person acting on behalf of a chief petitioner, of an
initiative or referendum petition or a prospective petition for a state measure
to be initiated for the purpose of obtaining signatures on the petition or
prospective petition.
(b)
“Subcontractor” means a person who contracts on predetermined terms with a
contractor for the purpose of obtaining signatures on an initiative or
referendum petition or a prospective petition for a state measure to be
initiated and who has no direct contractual relationship with a chief
petitioner or other person acting on behalf of a chief petitioner.
(2)
If a contractor has knowledge or should have had knowledge of a violation of
ORS 250.048, 260.555, 260.558, 260.567, 260.575, 260.665 or 260.715 (1) or
section 1b, Article IV of the Oregon Constitution, or any rule adopted by the
Secretary of State related to section 1b, Article IV of the Oregon
Constitution, petition sheets or circulator training, registration or
certification, by a subcontractor, the violation by the subcontractor is
conclusively considered a violation by the contractor.
(3)
A contractor is not liable under subsection (2) of this section if the
contractor notifies the Secretary of State in writing not later than one
business day after the contractor obtains knowledge of a potential violation.
The notice shall state:
(a)
That a potential violation has occurred;
(b)
The nature of the potential violation; and
(c)
All specific information known to the contractor regarding the potential
violation.
(4)
A contractor may not be held criminally liable under this section solely based
on a violation committed by a subcontractor. [2007 c.848 §7; 2009 c.533 §6;
2009 c.720 §8]
260.565
[Formerly 254.590; 1981 c.234 §18; repealed by 1983 c.756 §13]
260.567 Alteration of information on
petition signature sheet; exceptions. (1) Except as
provided in subsection (2) of this section, a person other than the person who
signed the signature sheet of an initiative, referendum, recall or candidate
nominating petition, a prospective petition for a state measure to be initiated
or a certificate of nomination may not write, alter, correct, clarify or
obscure on the signature sheet any information about the person who signed the
signature sheet.
(2)
A person other than the person who signed the signature sheet may:
(a)
Alter, correct, clarify or obscure on the signature sheet any information about
the person who signed the signature sheet if the line on which the signature
appears is subsequently initialed by the person who signed the signature sheet;
or
(b)
Write, alter, correct, clarify or obscure on the signature sheet any
information about the person who signed the signature sheet if the person who
signed the signature sheet is a person with a disability and requests
assistance in writing, altering, correcting, clarifying or obscuring on the
signature sheet any information about the person.
(3)
As used in this section:
(a)
“Information about the person who signed the signature sheet” means any
information regarding the person who signed the signature sheet of an
initiative, referendum, recall or candidate nominating petition, a prospective
petition for a state measure to be initiated or a certificate of nomination, in
addition to the signature of the person, that is required or requested to be
supplied on a signature sheet of an initiative, referendum, recall or candidate
nominating petition, a prospective petition or a certificate of nomination.
(b)
“The person who signed the signature sheet” means the person whose signature
will be submitted for verification under ORS chapter 249 or ORS 250.045 (3),
250.105, 250.215, 250.315 or 255.175 for the purpose of determining whether the
petition, prospective petition or certificate contains the required number of
signatures of electors. [2007 c.848 §7b; 2009 c.533 §7]
260.569 Payment based on signatures
obtained on nominating petition or voter registration card.
A person may not pay or receive money or another thing of value based on the
number of:
(1)
Signatures a person obtains for purposes of nominating a candidate for elective
public office; or
(2)
Signed voter registration cards a person collects. [2007 c.314 §2]
260.575 Use of threats and intimidation
for purpose of extorting money. No person,
for any consideration, shall:
(1)
Offer, propose, threaten or attempt to sell, hinder or delay any part of an
initiative, referendum or recall petition.
(2)
Offer, propose or threaten to desist from beginning, promoting, circulating, or
soliciting signatures to, any initiative, referendum or recall petition.
(3)
Offer, propose, attempt or threaten in any manner to use an initiative,
referendum or recall petition or any power of promotion or opposition
concerning such petition for extortion, blackmail or private intimidation of
any person. [Formerly 254.580]
260.585
[Formerly 254.600; repealed by 1985 c.732 §7 and 1985 c.808 §82]
260.605
[Formerly 260.512; repealed by 2005 c.797 §73]
260.610
[Amended by 1957 c.644 §16; 1971 c.749 §57; 1973 c.744 §39; repealed by 1979
c.190 §431]
260.615 [1979
c.190 §381; 1987 c.447 §106; repealed by 2005 c.797 §73]
260.620
[Repealed by 1957 c.644 §28]
260.625
[Formerly 260.442; repealed by 2005 c.797 §73]
260.630
[Amended by 1957 c.644 §17; 1971 c.749 §58; 1973 c.744 §40; repealed by 1979
c.190 §431]
260.635 Bets and wagers on election
results. (1) No candidate shall make or become
party to a bet of anything of pecuniary value on any event or contingency
relating to a pending election. No candidate shall provide money or other thing
of value to be used by any person in betting upon the results of a pending
election.
(2)
No person, to influence the result of any election, shall make a bet of anything
of pecuniary value on the result of a pending election, or on any event
relating to it. [Formerly 260.482]
260.640
[Amended by 1957 c.644 §18; 1959 c.358 §1; 1971 c.749 §59; 1973 c.744 §41;
repealed by 1979 c.190 §431]
260.645 Illegal acts relating to voting
machines or vote tally systems. (1) No person
shall:
(a)
Tamper with or injure or attempt to injure any voting machine or vote tally
system to be used or being used in an election.
(b)
Tamper with any voting machine or vote tally system that has been used in an
election except in performance of election duties.
(c)
Prevent or attempt to prevent the correct operation of any voting machine or
vote tally system.
(2)
An unauthorized person shall not make or possess a key to a voting machine or vote
tally system to be used or being used in an election.
(3)
Neither the Secretary of State nor any officer or employee of any county, city
or district using a voting machine or vote tally system, shall solicit or
accept any compensation, other than amounts paid by the governmental unit, in
connection with the sale, lease or use of the voting machine or vote tally
system.
(4)
As used in this section, “voting machine” and “vote tally system” have the
meaning given those terms in ORS 246.012. [1979 c.190 §385; 1981 c.909 §9]
260.650
[Amended by 1957 c.644 §19; 1971 c.749 §60; 1973 c.744 §42; repealed by 1979
c.190 §431]
260.655
[Formerly 260.462; repealed by 2005 c.797 §73]
260.660
[Amended by 1957 c.644 §20; 1971 c.749 §61; 1973 c.744 §43; repealed by 1979
c.190 §431]
260.665 Undue influence to affect
registration, voting, candidacy, signing petitions; solicitation of money or
other benefits. (1) As used in this section, “undue
influence” means force, violence, restraint or the threat of it, inflicting
injury, damage, harm, loss of employment or other loss or the threat of it, or
giving or promising to give money, employment or other thing of value.
(2)
A person, acting either alone or with or through any other person, may not
directly or indirectly subject any person to undue influence with the intent to
induce any person to:
(a)
Register or vote;
(b)
Refrain from registering or voting;
(c)
Register or vote in any particular manner;
(d)
Be or refrain from or cease being a candidate;
(e)
Contribute or refrain from contributing to any candidate, political party or
political committee;
(f)
Render or refrain from rendering services to any candidate, political party or
political committee;
(g)
Challenge or refrain from challenging a person offering to vote;
(h)
Apply or refrain from applying for an absentee ballot; or
(i) Sign or refrain from signing a prospective petition or
an initiative, referendum, recall or candidate nominating petition.
(3)
A person may not solicit or accept money or other thing of value as an
inducement to act as prohibited by subsection (2) of this section.
(4)
This section does not prohibit:
(a)
The employment of persons to render services to candidates, political parties
or political committees;
(b)
The public distribution by candidates, political parties or political
committees of sample ballots or other items readily available to the public
without charge, even though the distributor incurs costs in the distribution;
(c)
Public or nonpromissory statements by or on behalf of
a candidate of the candidate’s intentions or purposes if elected;
(d)
A promise by a candidate to employ any person as administrative assistant,
secretary or other direct personal aide;
(e)
Free custody and care of minor children of persons during the time those
persons are absent from those children for voting purposes;
(f)
For persons voting, free transportation to and from places designated for the
deposit of ballots under ORS 254.470 or to and from locations described in ORS
254.472 or 254.474; but no means of advertising, solicitation or inducement to
influence the vote of persons transported may be used with that transportation;
(g)
Individuals or political committees from providing refreshments incidental to a
gathering in support of or in opposition to a candidate, political committee or
measure; or
(h)
The public distribution of registration cards by a person approved by the
Secretary of State under ORS 247.171 to print, copy or otherwise prepare and
distribute registration cards, even though the distributor incurs costs in the
distribution. [Formerly 260.412; 1983 c.83 §31; 1987 c.464 §1; 1987 c.727 §10;
1989 c.173 §2; 2001 c.960 §1; 2007 c.154 §53; 2009 c.533 §10]
260.670
[Amended by 1957 c.644 §21; 1971 c.749 §62; 1973 c.744 §44; repealed by 1979
c.190 §431]
260.675 Prohibited distribution of
ballots. (1) A person employed or authorized to
print official ballots may not give, deliver or knowingly permit any of the
ballots to be taken by any person other than the official under whose direction
the ballots are printed.
(2)
A person may not knowingly print, cause or permit to be printed any ballot in
any other form, with any other names, with names spelled or names of the
candidates arranged in any other way than that directed by the official under
whose direction the ballots are printed.
(3)
An official having the duty of distributing ballots, and any persons acting for
that official, may not knowingly distribute or cause to be distributed any
ballots in any other manner than as provided under the election laws. [Formerly
249.364; 2007 c.154 §54]
260.680
[Repealed by 1971 c.749 §82]
260.685 Elections official compliance with
directives of Secretary of State. An elections
official shall not knowingly fail to comply with an interpretation made by the
Secretary of State of any election law or a directive, an instruction or a rule
made by the Secretary of State under ORS 246.110, 246.120, 246.140 or 246.150. [1979
c.190 §389; 1995 c.607 §58]
260.690
[Repealed by 1971 c.749 §82]
260.695 Prohibitions relating to voting.
(1)(a) If a person prints or circulates an imitation of the ballot or sample
ballot:
(A)
The imitation ballot or sample ballot and the back of any return envelope
enclosed with the ballot or sample ballot shall state the following: “THIS IS
NOT A REAL BALLOT. DO NOT USE TO VOTE.” The statement on the imitation ballot
or sample ballot shall be in bold print that is at least two times as large as
the majority of the text on the ballot or sample ballot or 20-point type, whichever
is larger. The statement on the back of a return envelope shall be in bold
print that is at least 36-point type.
(B)
The word “UNOFFICIAL” must be superimposed on the imitation ballot or sample
ballot so that the word extends diagonally across the ballot from one margin of
the text to the other. The superimposed word may be printed in lighter ink than
other text on the ballot or sample ballot.
(b)
For purposes of this subsection, an imitation of the ballot or sample ballot
includes an imitation of a portion of the ballot or sample ballot.
(2)
A person may not do any electioneering, including circulating any cards or
handbills, or soliciting of signatures to any petition, within any building in
which any state or local government elections office designated for the deposit
of ballots under ORS 254.470 is located, or within 100 feet measured radially from any entrance to the building. A person may
not do any electioneering by public address system located more than 100 feet
from an entrance to the building if the person is capable of being understood
within 100 feet of the building. The electioneering need not relate to the
election being conducted. This subsection applies during the period beginning
on the date that ballots are mailed to electors as provided in ORS 254.470 and
ending on election day at 8 p.m. or when all persons waiting in line at the
building who began the act of voting as described in ORS 254.470 (10) by 8 p.m.
have finished voting.
(3)
A person may not obstruct an entrance of a building in which ballots are issued
or a place designated for the deposit of ballots under ORS 254.470 or any
voting booth maintained under ORS 254.474 is located. This subsection applies
during the period beginning on the date that ballots are mailed to electors as
provided in ORS 254.470 and ending on election day at 8 p.m. or when all
persons waiting in line at the building or location who began the act of voting
as described in ORS 254.470 (10) by 8 p.m. have finished voting.
(4)
A person may not vote or offer to vote in any election knowing the person is
not entitled to vote.
(5)
A person may not make a false statement about the person’s inability to mark a
ballot.
(6)
A person, except an elections official in performance of duties or another
person providing assistance to an elector as described in ORS 254.445, may not
ask a person at any place designated for the deposit of ballots under ORS
254.470 or at any location described in ORS 254.472 or 254.474 for whom that
person intends to vote, or examine or attempt to examine the person’s ballot.
(7)
A person may not show the person’s own marked ballot to another person to
reveal how it was marked.
(8)
An elections official, other than in the performance of duties, may not
disclose to any person any information by which it can be ascertained for whom
any elector has voted.
(9)
A person, except an elections official in performance of duties, may not do
anything to a ballot to permit identification of the person who voted.
(10)
An elector may not willfully leave at any place designated for the deposit of
ballots under ORS 254.470 or at any location described in ORS 254.472 or
254.474 anything that will show how the elector’s ballot was marked.
(11)
A person, except an elections official in performance of duties, may not remove
a ballot from any place designated for the deposit of ballots under ORS 254.470
or any location described in ORS 254.472 or 254.474.
(12)
A person, except an elections official in performance of duties or a person
authorized by that official, may not willfully deface, remove, alter or destroy
a posted election notice.
(13)
A person, except an elections official in performance of duties, may not
willfully remove, alter or destroy election equipment or supplies, or break the
seal or open any sealed package containing election supplies.
(14)
A person, except an elections official in performance of duties, may not
provide elections advice or attempt to collect voted ballots within any
building in which any state or local government elections office designated for
the deposit of ballots under ORS 254.470 is located, or within 100 feet
measured radially from any entrance to the building.
(15)
A person, except an elections official in performance of duties, may not
establish a location to collect ballots voted by electors unless:
(a)
The person prominently displays at the location a sign stating: “NOT AN
OFFICIAL BALLOT DROP SITE”; and
(b)
The sign is printed in all capital letters in bold 50-point type. [1979 c.190 §390;
1993 c.713 §37; 1999 c.318 §44; 2001 c.805 §5; 2001 c.965 §16; 2007 c.154 §55;
2007 c.881 §10; 2010 c.35 §1]
260.700
[Amended by 1957 c.644 §22; repealed by 1971 c.749 §82]
260.705 Premature release of vote tally.
A person may not make public the results of the tally of votes from any
precinct until after 8 p.m. on the date of the election. [Formerly 246.045;
2007 c.154 §56]
260.710
[Amended by 1971 c.749 §66; 1973 c.744 §45; repealed by 1979 c.190 §431]
260.715 Prohibited conduct.
(1) A person may not knowingly make a false statement, oath or affidavit when a
statement, oath or affidavit is required under the election laws.
(2)
A person may not request a ballot in a name other than the person’s own name.
(3)
A person may not vote or attempt to vote more than once at any election held on
the same date.
(4)
A person may not vote or attempt to vote both in an election held in this state
and in another state on the same date.
(5)
A person, except an elections official in performance of duties, may not
willfully alter or destroy a ballot cast at an election or the returns of an
election.
(6)
A person may not willfully place a fraudulent ballot among the genuine ballots.
(7)
A person may not falsely write anything purporting to be written by an
elections official in performance of duties on the ballot.
(8)
A person may not commit theft of a ballot or tally or return sheet, or
willfully hinder or delay the delivery of the tally or return sheet to the
county clerk, or fraudulently break open a sealed tally or return sheet of the
election.
(9)
A person may not manufacture or knowingly use a fraudulent ballot return
identification envelope or secrecy envelope or sell, offer to sell, purchase or
offer to purchase, for money or other valuable consideration, any official
ballot, replacement ballot, ballot return identification envelope or secrecy
envelope. As used in this subsection, “ballot return identification envelope”
and “secrecy envelope” mean those envelopes used to return ballots to the
county clerk. [1979 c.190 §392; 1999 c.318 §45; 2005 c.797 §58; 2007 c.154 §57;
2007 c.155 §10]
260.718 [1999
c.1002 §6; repealed by 2005 c.797 §73]
260.720
[Repealed by 1971 c.749 §82]
260.725 [1993
c.743 §22; 1995 c.79 §90; renumbered 260.174 in 1995]
260.730
[Amended by 1957 c.644 §23; repealed by 1971 c.749 §82]
260.735 [1993
c.710 §3; 2005 c.797 §20; repealed by 2011 c.652 §11]
260.737 [1993
c.710 §§4,5; 1995 c.607 §56a; 1999 c.999 §21; 2001 c.965 §17; 2005 c.809 §§47,48;
2009 c.818 §18; repealed by 2011 c.652 §11]
260.740
[Repealed by 1957 c.644 §28]
260.750
[Amended by 1957 c.644 §24; repealed by 1971 c.749 §82]
260.760
[Amended by 1957 c.644 §25; repealed by 1971 c.749 §82]
260.770
[Repealed by 1971 c.749 §82]
260.780
[Amended by 1957 c.644 §26; repealed by 1971 c.743 §432 and by 1971 c.749 §83]
260.790
[Repealed by 1971 c.743 §432 and by 1971 c.749 §83]
260.800
[Repealed by 1957 c.644 §28]
260.810
[Repealed by 1957 c.644 §28]
260.820
[Repealed by 1971 c.749 §82]
PENALTIES
260.990 [1971
c.749 §§24, 74; repealed by 1973 c.744 §46 (260.991 enacted in lieu of
260.990)]
260.991 [1973
c.744 §47 (enacted in lieu of 260.990); repealed by 1979 c.190 §431]
260.992 [1973
c.623 §6; repealed by 1977 c.678 §4]
260.993 Criminal penalties.
(1) The penalty for violation of ORS 260.532 is limited to that provided in ORS
260.532 (6) and (8).
(2)
Violation of ORS 247.125 (1), 247.171 (5), 247.420 (2), 253.710, 260.402,
260.555, 260.558, 260.575, 260.645 or 260.665 (2) or (3) involving any action
described in ORS 260.665 (2)(d) to (f) or 260.715 is a Class C felony.
(3)
Violation of ORS 260.695 (4) is a Class A misdemeanor.
(4)
Violation of ORS 247.171 (6) is a Class C misdemeanor. [1979 c.190 §393; 1983
c.514 §17; 1983 c.756 §2; 1985 c.808 §65; 1987 c.718 §4; 1999 c.318 §46; 1999
c.941 §2; 1999 c.1002 §9; 2001 c.489 §4; 2001 c.805 §6; 2001 c.965 §19; 2005
c.797 §51; 2009 c.511 §20]
260.995 Civil penalties.
(1) Except as provided in subsection (2) of this section, following an
investigation under ORS 260.345, the Secretary of State or Attorney General may
impose a civil penalty not to exceed $250 for each violation of any provision
of Oregon Revised Statutes relating to the conduct of any election, any rule
adopted by the secretary under ORS chapters 246 to 260 or any other matter
preliminary to or relating to an election, for which a civil penalty is not
otherwise provided.
(2)
The secretary or the Attorney General may impose a civil penalty not to exceed:
(a)
$1,000 for each violation of ORS 251.049 (3) or 251.405 (3);
(b)
$1,000 plus the amount converted to personal use for each violation of ORS
260.407; or
(c)
$10,000 for each violation of ORS 260.555, 260.558, 260.575, 260.695 (1) or
260.715 (1) or section 1b, Article IV of the Oregon Constitution.
(3)
Except as otherwise provided by this section, civil penalties under this
section shall be imposed as provided in ORS 183.745. In addition to the
requirements of ORS 183.745, the notice shall include:
(a)
A statement of the authority and jurisdiction under which the hearing is to be
held; and
(b)
If the person is an agency, corporation or an unincorporated association, a
statement that such person must be represented by an attorney licensed in
Oregon, unless the person is a political committee which may be represented by
any officer identified in the most recent statement of organization filed with
the filing officer.
(4)
A hearing on whether to impose a civil penalty and to consider circumstances in
mitigation shall be held by the secretary or Attorney General:
(a)
Upon request of the person against whom the penalty may be assessed, if the
request is made not later than the 20th day after the date the person received
notice sent under subsection (3) of this section; or
(b)
Upon the secretary’s or Attorney General’s own motion.
(5)
The person against whom a penalty may be assessed need not appear in person at
a hearing held under this section, but instead may submit written testimony or
other evidence, sworn to before a notary public, to the secretary or Attorney
General for entry in the hearing record. The testimony or other evidence must
be received by the secretary or Attorney General not later than three business
days before the day of the hearing.
(6)
All hearings under this section shall be held not later than 45 days after the
deadline for the person against whom the penalty may be assessed to request a
hearing. However, if requested by the person against whom the penalty may be
assessed, a hearing under subsection (4) of this section shall be held not
later than 60 days after the deadline for the person against whom the penalty
may be assessed to request a hearing.
(7)
The secretary or Attorney General shall issue an order not later than 90 days
after a hearing or after the deadline for requesting a hearing if no hearing is
held.
(8)
All penalties recovered under this section shall be paid into the State
Treasury and credited to the General Fund.
(9)
In the case of a civil penalty imposed under this section for a violation of
ORS 260.407, the person against whom the penalty is assessed:
(a)
Is personally responsible for the payment of the civil penalty;
(b)
Shall pay the civil penalty from personal funds of the person; and
(c)
May not pay the civil penalty from contributions received by a candidate, a
candidate’s principal campaign committee, a political committee or a petition
committee. [1987 c.718 §1; 1991 c.319 §2; 1991 c.734 §119; 1993 c.493 §83; 2005
c.797 §52; 2005 c.809 §1; 2009 c.533 §11; 2009 c.818 §19; 2010 c.9 §10; 2010
c.35 §2]
260.997 [1995
c.1 §10; repealed by 1999 c.999 §59]
260.999 [1995
c.1 §11; repealed by 1999 c.999 §59]
_______________