Chapter 260 — Campaign Finance Regulation; Election Offenses

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2001 EDITION

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

(b) For purposes of this section and ORS 260.035 to 260.156, "candidate" does not include a candidate for the office of precinct committeeperson.

(2) "Committee director" means any person who directly and substantially participates in decision-making on behalf of a political committee concerning the solicitation or expenditure of funds and the support of or opposition to candidates or measures. The officers of a political party shall be considered the directors of any political party committee of that party, unless otherwise provided in the party’s bylaws.

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

(A) The payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value:

(i) For the purpose of influencing an election for public office or an election on a measure, or of reducing the debt of a candidate for nomination or election to public office or the debt of a political committee; or

(ii) To or on behalf of a candidate, political committee or measure; and

(B) Any unfulfilled pledge, subscription, agreement or promise, whether or not legally enforceable, to make a contribution.

(b) Regarding a contribution made for compensation or consideration of less than equivalent value, only the excess value of it shall be considered a contribution.

(4) "County clerk" means the county clerk or the county official in charge of elections.

(5) "Elector" means an individual qualified to vote under section 2, Article II of the Oregon Constitution.

(6) Except as provided in ORS 260.007, "expend" or "expenditure" includes the payment or furnishing of money or anything of value or the incurring or repayment of indebtedness or obligation by or on behalf of a candidate, political committee or person in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including support of or opposition to a candidate, political committee or measure, or for reducing the debt of a candidate for nomination or election to public office. "Expenditure" also includes contributions made by a candidate or political committee to or on behalf of any other candidate or political committee.

(7) "Filing officer" means:

(a) The Secretary of State, regarding a candidate for any state office or any office to be voted for in the state at large or in a congressional district or regarding a measure to be voted on in the state at large.

(b) The county clerk, regarding a candidate for any county office or any district or precinct office within the county, or regarding a measure to be voted for in one county or in a district situated wholly within one county.

(c) The chief city elections officer, regarding a candidate for any city office, or a measure to be voted for in a city only.

(d) The county clerk of the county in which the office of the chief administrative officer or administrative board is located regarding a candidate for office for any district or regarding a measure to be voted on in a district, when the district is situated in more than one county.

(e) In the case of an irrigation district formed under ORS chapter 545:

(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

(8) "Independent expenditure" means an expenditure by a person for a communication expressly advocating the election or defeat of a clearly identified candidate that is not made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate. As used in this subsection:

(a) "Agent" means any person who has:

(A) Actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate; or

(B) Been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures.

(b) "Clearly identified" means:

(A) The name of the candidate involved appears;

(B) A photograph or drawing of the candidate appears; or

(c) "Expressly advocating" means any communication containing a message advocating election or defeat, including but not limited to the name of the candidate, or expressions such as "vote for," "elect," "support," "cast your ballot for," "vote against," "defeat" or "reject."

(d) "Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate":

(A) Means any arrangement, coordination or direction by the candidate or the candidate’s agent prior to the publication, distribution, display or broadcast of the communication. An expenditure shall be presumed to be so made when it is:

(i) Based on information about the candidate’s plans, projects or needs provided to the expending person by the candidate or by the candidate’s agent, with a view toward having an expenditure made; or

(ii) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of a political committee authorized by the candidate or who is or has been receiving any form of compensation or reimbursement from the candidate, the candidate’s principal campaign committee or agent; and

(B) Does not include providing to the expending person upon request a copy of this chapter or any rules adopted by the Secretary of State relating to independent expenditures.

(9) "Initiative petition" means a petition to initiate a measure for which a prospective petition has been filed but that is not yet a measure.

(10) "Judge" means judge of the Supreme Court, Court of Appeals, circuit court or the Oregon Tax Court.

(11) "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.

(12) "Measure" includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.

(b) An Act or part of an Act of the Legislative Assembly.

(d) Local, special or municipal legislation.

(e) A proposition or question.

(13) "Occupation" means the nature of an individual’s principal business or, if the individual is employed by another person, the nature of the individual’s principal business or the business name and address of the employer.

(14) "Person" means an individual, corporation, limited liability company, labor organization, association, firm, partnership, joint stock company, club, organization or other combination of individuals having collective capacity.

(15)(a) "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.

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

(A) A contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.076 or 260.102 or a certificate filed under ORS 260.112; or

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

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

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

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

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

(20)(a) "Slate mailer organization" means, except as provided in paragraph (b) of this subsection, any person who directly or indirectly:

(A) Is involved in the production of one or more slate mailers and exercises control over the selection of the candidates and measures to be supported or opposed in the slate mailers; and

(B) Receives or is promised payment for producing one or more slate mailers or for endorsing or opposing, or refraining from endorsing or opposing, a candidate or measure in one or more slate mailers.

(b) Notwithstanding paragraph (a) of this subsection, "slate mailer organization" does not include:

(A) A political committee organized by a political party; or

(B) A political committee organized by the caucus of either the Senate or the House of Representatives of the Legislative Assembly.

(21) "State office" means the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, Superintendent of Public Instruction, state Senator, state Representative, judge or district attorney. [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]

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 assures repayment, is evidenced by a written instrument and is subject to a due date or amortization schedule. However, each indorser or guarantor of the loan shall be considered to have contributed that portion of the total amount of the loan for which that person agreed to be liable in a written agreement, except if the indorser or guarantor is the candidate’s spouse;

(6) Nonpartisan activity designed to encourage individuals to vote or to register to vote;

(7) Any communication a membership organization or corporation makes to its members, shareholders or employees if the membership organization or corporation is not organized primarily for the purpose of influencing an election to office;

(8) The payment of compensation for legal and accounting services rendered to a candidate or political committee if the person paying for the services is the regular employer of the individual rendering the services and the services are solely for the purpose of insuring compliance with the provisions of this chapter; and

(9) The payment by a state or local committee of a political party of the costs of preparation, display or mailing or other distribution incurred by the committee with respect to a printed slate card or sample ballot, or other printed listing, of three or more candidates for any public office for which an election is held in this state. This subsection does not apply to costs incurred by the committee with respect to a display of any such listing made on broadcasting stations or in newspapers, magazines or similar types of general public political advertising. [1995 c.1 §2; 1997 c.631 §429; 1999 c.999 §2]

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; 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

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

(3) Any change in information required under this section shall be indicated in an amended certification filed not later than the 10th day after the change in information. [1971 c.749 §3; 1973 c.744 §2; 1977 c.829 §20; 1979 c.190 §340; 1991 c.719 §62; 1999 c.999 §3]

260.037 Treasurers for candidates; appointment; liability of candidate for default or violation of treasurer. 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 260.005 and 260.035 to 260.156. The candidate, in addition to the treasurer, shall be personally responsible for the performance of such duties and any default or violation by the treasurer shall be conclusively considered a default or violation by the candidate. [1973 c.744 §4; 1979 c.190 §341; 1993 c.493 §53]

260.038 Treasurer may serve more than one candidate or committee; replacement of treasurer. (1) An individual may be appointed and serve as treasurer of a candidate and a political committee or of two or more candidates or political committees.

(2) A candidate or political committee may remove a treasurer. In event of the death, resignation or removal of a treasurer before compliance with all obligations of a treasurer under ORS 260.005 and 260.035 to 260.156, a candidate may and a political committee 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]

260.039 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 appropriate filing officer. The statement shall include:

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

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

(A) The name and address of the committee. The address shall be the address of a residence, office, headquarters or similar location where the political committee or a responsible officer of the political committee may be conveniently located. However, a different address may be used if the officer first files with the filing officer the officer’s residence address and the address proposed to be used.

(B) The name, address and occupation of the committee director or directors, if any.

(D) The name and address of any other political committee of which two or more committee directors are also directors of the committee filing the statement.

(E) A statement of whether the committee presently intends to remain in existence for more than one year.

(2) Except as provided in 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.

(3) 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.

(4) 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.

(5) Except as provided in ORS 260.043, a candidate for state office who serves as the candidate’s own treasurer or the treasurer of the principal campaign committee of a candidate for state office shall file a new or amended statement of organization not later than the date that the candidate files a nominating petition, declaration of candidacy or certificate of nomination. [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]

260.040 [Amended by 1957 c.643 §4; repealed by 1971 c.749 §82]

260.041 Principal campaign committee. (1) Notwithstanding ORS 260.005 (15) 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]

260.042 Statement of organization of political committee. (1) The treasurer of a political committee shall file a statement of organization with the appropriate filing officer. The statement shall include:

(a) The name, address and nature of the committee. The address shall be the address of a residence, office, headquarters or similar location where the political committee or a responsible officer of the political committee may be conveniently located. However, a different address may be used if the officer first files with the filing officer the officer’s residence address and the address proposed to be used.

(b) The name, address and occupation of the committee director or directors.

(d) The name and address of any other political committee of which two or more committee directors are also directors of the committee filing the statement.

(e) A statement of whether the committee presently intends to remain in existence for more than one year.

(f) The name, office sought, and party affiliation of each candidate whom the committee is supporting or specifically opposing or intends to support or specifically oppose, when known, or, if the committee is supporting or specifically opposing all the candidates of a given party, the name of that party.

(g) A designation of any measure which the committee is opposing or supporting, or intends to support or oppose.

(h) A statement of how the committee intends to solicit funds.

(2) The statement of organization shall be filed not later than the date specified in ORS 260.035.

(4) 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]

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

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

(3) If at any time following the filing of a nominating petition, declaration of candidacy or certificate of nomination and during the total period described in ORS 260.058 (1) or 260.068 (1) either the aggregate contributions or aggregate expenditures exceed $300, the candidate, other than a candidate for federal office, shall file a statement of organization under ORS 260.039. [1999 c.999 §6]

260.044 When person required to file statement of expenditures; when person considered political committee or principal campaign committee. (1) A person shall file a statement of expenditures made if the person makes expenditures in a total amount of more than $50 in support of or in opposition to a candidate, a measure or a political committee.

(2) A statement filed under subsection (1) of this section shall be filed for the reporting period described in ORS 260.063 or 260.073 during which the total amount of expenditures exceeds $50. The accounting period for the statement required by subsection (1) of this section begins on the date that an expenditure is made. The statement shall specify the candidate, measure or political committee supported or opposed by the expenditure. The Secretary of State by rule shall prescribe the form of the statements. If a statement is filed for the reporting period for the supplement to the second preelection statement, a second statement for the same expenditure does not need to be filed in the post-election reporting period.

(3) Notwithstanding ORS 260.005 (15), a person who solicits and receives a contribution or contributions shall be a political committee and shall file a statement of organization under ORS 260.042 and the statements required by ORS 260.063, 260.073 or 260.076. The statements filed under this subsection shall be filed for the reporting period described in ORS 260.063, 260.073 or 260.076 during which any contribution was received. The accounting period for the statement required by this subsection begins on the date that a contribution is received.

(4) For purposes of this section:

(a) An expenditure shall not include a contribution to a candidate or political committee that is required to report the contribution on a statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.076 or 260.102 or a certificate filed under ORS 260.112;

(b) An expenditure shall not include a contribution to a candidate who is not required to file a statement of organization under ORS 260.043; and

(c) A person shall not be a political committee under subsection (3) of this section if all contributions received by the person are designated to a candidate or political committee and are required to be reported as contributions by a candidate or political committee on a statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.076 or 260.102 or a certificate filed under ORS 260.112.

(5) A person shall be a principal campaign committee if the person, in preparing to become a candidate in the general election, receives a contribution, receives a loan, whether repaid or not, or makes an expenditure in a total amount of more than $2,000 before the date of the primary election. A person described in this subsection shall file the statements required by ORS 260.058 as if the person were a candidate in the primary election. This subsection does not apply to a candidate in the primary or nominating election. [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]

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 $50 from a political committee not in this state, the candidate or treasurer shall file the following if required under subsection (2) of this section:

(a) A written statement of the name, occupation and address of each person, or the name, address and primary nature of each political committee, who contributed more than $50 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 period described in ORS 260.058 (1), 260.063 (1), 260.068 (1) or 260.073 (1) or the period described in ORS 260.118 (4) or (9) 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 260.058 (1), 260.063 (1), 260.068 (1), 260.073 (1) or 260.118 (4) or (9), 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]

260.049 Reports to be filed by certain corporations. (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 on the same dates and for the same reporting periods described in ORS 260.063 and 260.073.

(3) The Secretary shall adopt by rule a form for the filing of the information required under this section. [1991 c.911 §3]

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 for which the Secretary of State is the filing officer. The political committee shall include the identification number with each contribution made by the political committee. [1991 c.719 §64]

260.055 Accounts of contributions and expenditures; inspection; preservation of accounts. (1) Each candidate, other than a candidate for political party office, and the treasurer of each political committee shall keep detailed accounts. The accounts shall be current as of not later than the seventh day after the date of receiving a contribution or making an expenditure, of all contributions received and all expenditures made by or on behalf of the candidate or political committee that are required to be reported under ORS 260.058, 260.063, 260.068, 260.073, 260.076 or 260.078. Subject to ORS 260.085, the accounts shall list all information required to be reported under ORS 260.083.

(2) Accounts kept by a candidate or the treasurer of a political committee may be inspected under reasonable circumstances at any time before the election to which the accounts refer or during the period specified for retention of the accounts under subsection (3) of this section by any opposing candidate or the treasurer of any political committee for the same electoral contest. The right of inspection may be enforced by writ of mandamus issued by any court of competent jurisdiction. The treasurers of political committees supporting a candidate may be joined with the candidate as defendants in a mandamus proceeding.

(3) Accounts kept by a candidate or treasurer shall be preserved by the candidate or treasurer for at least two years after the date of the election to which the accounts refer or at least two years after the date the last supplemental statement is filed under ORS 260.058 (2), 260.063 (2), 260.068 (3) or 260.073 (3), whichever is later. [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]

(Statements of Contributions and Expenditures)

260.058 Statements of candidates and principal campaign committees for election other than general election; supplemental statements of unexpended balances and deficits; times for filing. (1) Except as otherwise provided in ORS 260.112 and subsection (3) of this section, each candidate seeking nomination or election at the primary election or at any election other than the general election, or a candidate’s principal campaign committee at the primary election or at any election other than the general election, shall file the following with the filing officer:

(a) A first preelection statement of contributions received and expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee, not sooner than the 46th day and not later than the 36th day before the date of the election. The accounting period for the statement required by this paragraph begins on the date that the name of a treasurer is certified to the filing officer under ORS 260.035 or 260.037 unless a candidate or a candidate’s principal campaign committee has filed a post-election or supplemental statement of contributions and expenditures for a previous election showing an unexpended balance of contributions or an expenditure deficit. If such a post-election or supplemental statement is filed, the accounting period begins on the day following the last day of the accounting period for the statement filed for the previous election. If a candidate or a candidate’s principal campaign committee has filed a post-election or supplemental statement of contributions and expenditures for a previous election showing no balance or no deficit, the accounting period begins on the day that the candidate or the candidate’s principal campaign committee next receives a contribution or makes an expenditure. If the statement for a previous election shows an unexpended balance of contributions or an expenditure deficit, the beginning balance on the statement required by this paragraph shall be the amount of the unexpended balance of contributions or expenditure deficit. The accounting period for the statement required by this paragraph ends on the 47th day before the date of the election.

(b) A second preelection statement of contributions received and expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee, not sooner than the 15th day and not later than the 12th day before the date of the election. The accounting period for this statement begins on the 46th day before the date of the election and ends on the 16th day before the date of the election.

(c) Supplements to the second preelection statement showing contributions received and expenditures made as described in this paragraph by or on behalf of the candidate or the candidate’s principal campaign committee. A supplement shall be filed if, during a period described in this paragraph, the aggregate amount of contributions, including loans, whether repaid or not, received from a single political committee or other person exceeds $500, or the aggregate amount of expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee to a single payee exceeds $1,000. A first supplement shall be filed not later than the eighth day before the date of the election for the accounting period beginning on the 15th day before the date of the election and ending on the ninth day before the date of the election. A second supplement shall be filed not later than the fourth day before the date of the election for the accounting period beginning on the eighth day before the date of the election and ending on the fifth day before the date of the election. The supplements shall be filed on forms prescribed by the Secretary of State by rule. A candidate or treasurer of the candidate’s principal campaign committee who filed a certificate under ORS 260.112 shall file supplements under this paragraph if the aggregate amount of contributions received or expenditures made exceeds $2,000 because of contributions received or expenditures made during a period described in this paragraph.

(d) A post-election statement of contributions received and expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee, not sooner than the 21st day and not later than the 30th day after the date of the election. The accounting period for the statement required by this paragraph begins on the 15th day before the date of the election and ends on the 20th day after the date of the election.

(2) A candidate or a candidate’s principal campaign committee shall file a supplemental statement of contributions received and expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee, if the post-election statement required by subsection (1)(d) of this section shows an unexpended balance of contributions or an expenditure deficit. A supplemental statement shall be filed annually not later than September 10, until a statement is filed containing no balance or no deficit. The accounting period for the statement required by this subsection begins on the day following the last day of the accounting period for the previous statement filed and ends on September 1.

(3) A candidate for federal office shall file statements required by the federal election laws in lieu of the statements required by ORS 260.035 to 260.156. The statements required by federal election laws shall be filed in the office of the Secretary of State on or before the federal filing dates. At any time the Secretary of State by rule may make a determination that the standards and requirements of the federal election laws relating to candidates for federal office are not substantially similar to those contained in ORS 260.035 to 260.156. If the Secretary of State makes this determination, candidates for federal office are subject to the requirements of ORS 260.035 to 260.156.

(4) Each statement and the supplement required by this section shall be signed and certified as true by the candidate or treasurer required to file it. [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]

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 Statements of political committees, other than principal campaign committees, for election other than general election; supplemental statements of unexpended balances and deficits; times for filing. (1) Except as otherwise provided in ORS 260.112, each political committee, other than a candidate’s principal campaign committee, supporting or opposing one or more candidates or measures at the primary election or any election other than the general election shall file the following with each appropriate filing officer:

(a) A first preelection statement of contributions received and expenditures made by or on behalf of the political committee, not sooner than the 46th day and not later than the 36th day before the date of the election. The accounting period for the statement required by this paragraph begins on the date that the name of a treasurer is certified to the filing officer under ORS 260.035 unless a political committee has filed a post-election or supplemental statement of contributions and expenditures showing an unexpended balance of contributions or an expenditure deficit for a previous election. If such a post-election or supplemental statement is filed, the accounting period begins on the day following the last day of the accounting period for the statement filed for the previous election. If a political committee has filed a post-election or supplemental statement of contributions and expenditures for a previous election showing no balance or no deficit, the accounting period begins on the day that the political committee next receives a contribution or makes an expenditure. If the statement for a previous election shows an unexpended balance of contributions or an expenditure deficit, the beginning balance on the statement required by this paragraph shall be the amount of the unexpended balance of contributions or expenditure deficit. The accounting period for the statement required by this paragraph ends on the 47th day before the date of the election.

(b) A second preelection statement of contributions received and expenditures made by or on behalf of the political committee, not sooner than the 15th day and not later than the 12th day before the date of the election. The accounting period for the statement required by this paragraph begins on the 46th day before the date of the election and ends on the 16th day before the date of the election.

(c) Supplements to the second preelection statement showing contributions received and expenditures made as described in this paragraph by or on behalf of the political committee. A supplement shall be filed if, during a period described in this paragraph, the aggregate amount of contributions, including loans, whether repaid or not, received from a single political committee or other person exceeds $500, or the aggregate amount of expenditures made by or on behalf of the political committee to a single payee exceeds $1,000. A first supplement shall be filed not later than the eighth day before the date of the election for the accounting period beginning on the 15th day before the date of the election and ending on the ninth day before the date of the election. A second supplement shall be filed not later than the fourth day before the date of the election for the accounting period beginning on the eighth day before the date of the election and ending on the fifth day before the date of the election. The supplements shall be filed on forms prescribed by the Secretary of State by rule. A treasurer of a political committee who filed a certificate under ORS 260.112 shall file supplements under this paragraph if the aggregate amount of contributions received or expenditures made exceeds $2,000 because of contributions received or expenditures made during a period described in this paragraph.

(d) A post-election statement of contributions received and expenditures made by or on behalf of the political committee, not sooner than the 21st day and not later than the 30th day after the date of the election. The accounting period for the statement required by this paragraph begins on the 15th day before the date of the election and ends on the 20th day after the date of the election.

(2) A political committee shall file a supplemental statement of contributions received and expenditures made by or on behalf of the political committee, if the post-election statement required by subsection (1)(d) of this section shows an unexpended balance of contributions or an expenditure deficit. A supplemental statement shall be filed annually not later than September 10, until a statement is filed containing no balance or no deficit. The accounting period for the statement required by this subsection begins on the day following the last day of the accounting period for the previous statement filed and ends on September 1.

(3) A political committee shall prepare one original copy of each statement required by subsection (1) of this section and file a duplicate copy of the statement with the filing officer of each candidate or measure supported or opposed by the political committee. The statement and each duplicate copy shall be signed and certified as true by the treasurer required to file it.

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

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 Statements of candidates and principal campaign committees for general election; supplemental statements for certain candidates; supplemental statements of unexpended balances and deficits; times for filing. (1) Except as otherwise provided in ORS 260.112 and subsection (4) of this section, each candidate seeking election at the general election or a candidate’s principal campaign committee at the general election shall file the following with each appropriate filing officer:

(a) A first preelection statement of contributions received and expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee, not sooner than the 46th day and not later than the 36th day before the date of the election. For a candidate nominated at the primary election or for that candidate’s principal campaign committee, the accounting period for the statement required by this paragraph begins on the 21st day after the primary election. For a candidate not nominated at the primary election or for that candidate’s principal campaign committee, the accounting period for the statement required by this paragraph begins on the date that the name of a treasurer is certified to the filing officer under ORS 260.035 or 260.037 unless a candidate or a candidate’s principal campaign committee has filed a post-election or supplemental statement of contributions and expenditures showing an unexpended balance of contributions or an expenditure deficit for a previous election other than the preceding primary election. If such a post-election or supplemental statement is filed, the accounting period begins on the day following the last day of the accounting period for the statement filed for that previous election. If a candidate or a candidate’s principal campaign committee has filed a post-election or supplemental statement of contributions and expenditures for a previous election other than the preceding primary election showing no balance or no deficit, the accounting period begins on the day that the candidate or the candidate’s principal campaign committee next receives a contribution or makes an expenditure. If the statement for a previous election shows an unexpended balance of contributions or an expenditure deficit, the beginning balance on the statement required by this paragraph shall be the amount of the unexpended balance of contributions or expenditure deficit. The accounting period for the statement required by this paragraph ends on the 47th day before the date of the election.

(b) A second preelection statement of contributions received and expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee, not sooner than the 15th day and not later than the 12th day before the date of the election. The accounting period for the statement required by this paragraph begins on the 46th day before the date of the election and ends on the 16th day before the date of the election.

(2) A candidate for the office of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, State Senator or State Representative, or a candidate’s principal campaign committee shall file a supplement to the post-election statement of contributions received and expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee not sooner than the first business day in January and not later than the Friday before the second Monday in January. The supplement shall be filed if the aggregate contributions received from any political committee or other person exceed $500 during the period beginning after the 20th day after the date of the election and ending on December 31 and shall disclose only those contributions received from any political committee or other person that exceed an aggregate of $500 during the period beginning after the 20th day after the date of the election and ending on December 31. The supplement shall be written but may be transmitted to the filing officer by any means available. A candidate described in this subsection or the treasurer of the candidate’s principal campaign committee who filed a certificate under ORS 260.112 shall file a supplement under this subsection if the aggregate contributions exceed $2,000 because of contributions received after the 20th day following the election and prior to January 1 of the following year.

(3) A candidate or a candidate’s principal campaign committee shall file a supplemental statement of contributions received and expenditures made by or on behalf of the candidate or the candidate’s principal campaign committee, if the post-election statement required by subsection (1)(d) of this section shows an unexpended balance of contributions or an expenditure deficit. A supplemental statement shall be filed annually not later than September 10, until a statement containing no balance or no deficit is filed. The accounting period for the statement required by this subsection begins on the day following the last day of the accounting period for the previous statement filed and ends on September 1.

(4) A candidate for federal office shall file statements required by the federal election laws in lieu of the statements required by ORS 260.035 to 260.156. The statements required by federal election laws shall be filed in the office of the Secretary of State on or before the federal filing dates. At any time the Secretary of State by rule may make a determination that the standards and requirements of the federal election laws relating to candidates for federal office are not substantially similar to those contained in ORS 260.035 to 260.156. If the Secretary of State makes this determination, candidates for federal office are subject to the requirements of ORS 260.035 to 260.156.

(5) Each statement and the supplement required by this section shall be signed and certified as true by the candidate or treasurer required to file it. [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]

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 Statements of political committees, other than principal campaign committees, for general election; supplemental statement for certain political committees; supplemental statements of unexpended balances and deficits; times for filing. (1) Except as otherwise provided in ORS 260.112, each political committee, other than a candidate’s principal campaign committee, supporting or opposing one or more candidates or measures at the general election shall file the following with each appropriate filing officer:

(a) A first preelection statement of contributions received and expenditures made by or on behalf of the political committee, not sooner than the 46th day and not later than the 36th day before the date of the election. For a political committee that supported or opposed one or more candidates or measures at the primary election, the accounting period for the statement required by this paragraph begins on the 21st day after the primary election. Otherwise, the accounting period for the statement begins on the date that the name of a treasurer is certified to the filing officer under ORS 260.035 unless a political committee has filed a post-election or supplemental statement of contributions and expenditures showing an unexpended balance of contributions or an expenditure deficit for a previous election. If such a post-election or supplemental statement is filed, the accounting period begins on the day following the last day of the accounting period for the statement filed for the previous election. If a political committee has filed a post-election or supplemental statement of contributions and expenditures for a previous election showing no balance or no deficit, the accounting period begins on the day that political committee next receives a contribution or makes an expenditure. If the statement for a previous election shows an unexpended balance of contributions or an expenditure deficit, the beginning balance on the statement required by this paragraph shall be the amount of the unexpended balance of contributions or expenditure deficit. The accounting period for the statement required by this paragraph ends on the 47th day before the date of the election.

(d) A post-election statement of contributions received and expenditures made by or on behalf of the political committee, not sooner than the 21st day and not later than the 30th day after the date of the election. The accounting period for a statement required by this paragraph begins on the 15th day before the date of the election and ends on the 20th day after the date of the election.

(2) A political committee affiliated with a political party, a caucus of either house of the Legislative Assembly, a legislative official or a statewide official as defined in ORS 244.020, the Governor, Governor-elect or candidate for Governor shall file a supplement to the post-election statement of contributions received and expenditures made by or on behalf of the political committee not sooner than the first business day in January and not later than the Friday before the second Monday in January. The supplement shall be filed if the aggregate contributions received from any political committee or other person exceed $500 during the period beginning after the 20th day after the date of the election and ending on December 31 and shall disclose only those contributions received from any political committee or other person that exceed an aggregate of $500 during the period beginning after the 20th day after the date of the election and ending on December 31. The supplement shall be written but may be transmitted to the filing officer by any means available. A treasurer of a political committee described in this subsection who filed a certificate under ORS 260.112 shall file a supplement under this subsection if the aggregate contributions exceed $2,000 because of contributions received after the 20th day following the election and prior to January 1 of the following year.

(3) A political committee shall file a supplemental statement of contributions received and expenditures made by or on behalf of the political committee, if the post-election statement required by subsection (1)(d) of this section shows an unexpended balance of contributions or an expenditure deficit. A supplemental statement shall be filed annually not later than September 10, until a statement is filed containing no balance or no deficit. The accounting period for a statement required under this subsection begins on the day following the last day of the accounting period for the previous statement filed and ends on September 1.

(4) A political committee shall prepare one original copy of each statement required by subsection (1) of this section and file a duplicate copy of the statement with the filing officer of each candidate or measure supported or opposed by the political committee. The statement and each duplicate copy shall be signed and certified as true by the treasurer required to file it.

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

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 immediately preceding a regular biennial session of the Legislative Assembly and ending upon adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(2) The Governor, Governor-elect or a candidate for Governor, or the principal campaign committee of the Governor, Governor-elect or candidate, shall file statements showing contributions received by or on behalf of the Governor, Governor-elect, candidate or committee during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending 30 business days following adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(3) A person or political committee affiliated with a political party, caucus of either house of the Legislative Assembly, legislative official, statewide official or the Governor, Governor-elect or candidate for Governor shall file statements showing contributions received by the person or committee on behalf of a legislative official, statewide official or candidate therefor, during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending upon adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(4) A person or political committee affiliated with a political party, caucus of either house of the Legislative Assembly, legislative official, statewide official or the Governor, Governor-elect or candidate for Governor shall file statements showing contributions received by the person or committee on behalf of the Governor, Governor-elect or candidate for Governor, during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending 30 business days following adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(5) A statement described in subsections (1) to (4) of this section shall be filed not later than two business days after the date a contribution is received. A statement shall be filed on a form prescribed by the Secretary of State.

(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 260.058, 260.063, 260.068 or 260.073 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. [2001 c.82 §2]

Note: 260.076 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.

260.077 [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 of initial assets and contributions not previously reported. If a report filed by a candidate, a candidate’s principal campaign committee or a political committee under ORS 260.058 (1)(a), 260.063 (1)(a), 260.068 (1)(a) or 260.073 (1)(a) shows any assets not previously reported on hand at the beginning of the first reporting period, the report shall list all contributions giving rise to the assets in accordance with ORS 260.083. [1981 c.234 §7 (enacted in lieu of 260.072)]

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 260.058, 260.063, 260.068, 260.073, 260.076 or 260.118 shall list:

(a) Under contributions, all contributions received. Except as provided in ORS 260.085, the statement shall list the name, occupation and address of each person, and the name and address of each political committee, that contributed an aggregate amount of more than $50 on behalf of a candidate or to a political committee and the total amount contributed by that person or political committee. The statement may list as a single item the total amount of other contributions, but shall specify how those contributions were obtained.

(b) Under expenditures, all expenditures made, showing the name of the payee and the amount and purpose of each.

(d) All loans, whether repaid or not, made to the candidate or political committee. The statement shall list the name and address of each person shown as a cosigner or guarantor on a loan and the amount of the obligation undertaken by each cosigner or guarantor. The statement also shall list the name of the lender holding the loan.

(2) If an expenditure in an amount exceeding $50 is a prepayment or a deposit made in consideration for any services, supplies, equipment or other thing of value to be performed or furnished at a future date, that portion of the deposit that has been expended during the reporting period shall be listed as an expenditure and the unexpended portion of the deposit shall be listed as an account receivable.

(3) Anything of value paid for or contributed by any person shall be listed as both an in-kind contribution and an expenditure by the candidate or committee for whose benefit the payment or contribution was made.

(4) If a candidate, political committee or chief petitioner under ORS 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 or political committee making the original expenditure shall, in any statement filed under ORS 260.058, 260.063, 260.068, 260.073 or 260.118, identify the expenditure as an in-kind contribution and identify the candidate or political committee for whose benefit the expenditure was made.

(5) Except as provided in subsection (8) of this section, expenditures made by an agent of a candidate or political committee on behalf of the candidate or committee shall be reported in the same manner as if the expenditures had been made by the candidate or political committee.

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

(7) If a candidate, political committee, chief petitioner under ORS 260.118 or an agent of a candidate, political committee or chief petitioner makes an expenditure for the purpose of paying any person money or other valuable consideration for obtaining signatures on an initiative, referendum or recall petition, the statement described in this section shall list the total amount paid by the candidate, political committee, chief petitioner or agent for the purpose of obtaining signatures. The statement is not required to list the name or address of any person as payee or the amount paid to any person.

(8)(a) A vendor who enters into a contract with a candidate or political committee to prepare or produce brochures, mailings, polls, other opinion research or television, radio or newspaper advertising, or to provide mail handling and postage, shall not be considered an agent of the candidate or political committee for purposes of subsection (5) of this section. The Secretary of State by rule may designate other specific products or services that would qualify a vendor for an exemption from reporting under this subsection.

(b) Nothing in this section shall require a vendor described in this subsection to disclose the vendor’s internal or subcontracting costs for providing the specific product or service under paragraph (a) of this subsection.

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

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 shall list the occupation of the contributor in the account and on the first statement filed under ORS 260.058, 260.063, 260.068, 260.073 or 260.076 after the contribution is received if the occupation is known to the candidate or political committee filing the statement.

(2) If an account required by ORS 260.055 or a statement required by ORS 260.083 to list the occupation of a contributor does not list the occupation of the contributor as required by ORS 260.055 or on the first statement filed under ORS 260.058, 260.063, 260.068, 260.073 or 260.076 after the contribution is received, the candidate or political committee shall file with the account and the filing officer documentation of a written request to the contributor to furnish the contributor’s occupation.

(3) If a candidate or political committee receives a contribution that does not identify the occupation of the contributor, the candidate or political committee shall make a written request to the contributor to furnish the occupation of the contributor within seven days after receiving the contribution.

(4) Documentation of a written request under subsection (3) of this section shall be filed with the account and the first statement under ORS 260.058, 260.063, 260.068, 260.073 or 260.076 that is filed at least seven days after the contribution is received.

(5) If a candidate or political committee receives information identifying the occupation of a contributor after making a written request under subsection (3) of this section, the candidate or political committee shall include the contributor’s occupation in the account kept under ORS 260.055 and the next statement filed under ORS 260.058, 260.063, 260.068, 260.073 or 260.076.

(6) The filing officer shall be in compliance with law by accepting the information described in this section. [1989 c.80 §3; 1991 c.719 §16; 1993 c.493 §69; 2001 c.82 §6]

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. A person who receives or expends money or any other thing of value, after the date of an election, for the purpose of reducing an expenditure deficit shown by a statement of contributions and expenditures filed by a candidate or treasurer, and who is not the candidate or treasurer and does not receive or expend the money or other thing of value through the candidate or treasurer, shall file with the filing officer a statement showing the source of all money or other things of value so received or expended. The statement shall list the name, occupation and address of each person, or the name, address and primary nature of each political committee, who contributed an aggregate amount of more than $100 on behalf of a candidate for statewide office or regarding a statewide measure, or more than $50 on behalf of a candidate for other than statewide office or regarding a measure other than a statewide measure. The statement may list as a single item the total amount of other contributions, but shall specify how those contributions were obtained. The statement shall be signed and certified as true by the person required to file it or by the person’s authorized representative. As used in this section, "address" includes street number and name, rural route number or post-office box, and city and state. [1971 c.749 §10; 1973 c.744 §14; 1975 c.675 §33; 1979 c.190 §351; 1991 c.258 §3; 1991 c.719 §17]

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 political committee who expects neither contributions nor expenditures to exceed $2,000; time for filing. (1) A candidate, other than a candidate for federal office, or a treasurer of a political committee who expects neither the aggregate contributions to be received nor the aggregate expenditures to be made by or on behalf of the candidate or political committee to exceed $2,000 in total amount during the total period described in ORS 260.058 (1), 260.063 (1), 260.068 (1) or 260.073 (1) shall file a certificate to that effect. The candidate or treasurer shall make the certificate according to the best of the knowledge or belief of the candidate or treasurer. The certificate shall be filed:

(a) By a candidate, not sooner than the date on which the candidate files a declaration of candidacy or nominating petition, accepts a nomination or is nominated to fill a vacancy in a nomination or in a partisan elective office, and not later than the 29th day before the date of the election.

(b) By a treasurer of a political committee, not sooner than the date that the political committee files a statement of organization under ORS 260.042, and not later than the 29th day before the date of the election.

(2) A candidate or political committee under this section must keep contribution and expenditure records during the applicable total period described in ORS 260.058, 260.063, 260.068 or 260.073.

(3) If at any time following the filing of a certificate under subsection (1) of this section and during the total period described in ORS 260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1) either the aggregate contributions or aggregate expenditures exceed $2,000, the candidate, other than a candidate for federal office, or treasurer shall file a contribution and expenditure statement when a statement for the reporting period in which the contributions or expenditures exceeded $2,000 is filed. The filed statement shall reflect all contributions received and expenditures made by or on behalf of the candidate or political committee to that date, beginning with the start of the first reporting period in ORS 260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1). [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]

260.118 Treasurer and statement of organization for statewide initiative or referendum petition or any recall petition; filing of statements of contributions and expenditures for any petition; times for filing. (1) As provided in subsection (2) of this section, the chief petitioners of a statewide initiative or referendum petition or any recall petition shall:

(a) Appoint a treasurer and certify the name and address of the treasurer to the filing officer. The treasurer shall be an elector of this state. Contributions shall be received and expenditures made by or through the treasurer.

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

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

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

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

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

(2) The chief petitioners shall certify the name of the treasurer and file the statement of organization not later than the third business day after the chief petitioners receive a contribution or make an expenditure relating to the statewide initiative or referendum petition or any recall petition.

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

(4) For each statewide initiative petition, not sooner than the 15th day before the date of the primary election and not later than the 12th day before the date of the primary election, the treasurer appointed under subsection (1) of this section shall file with the Secretary of State a statement described in subsection (8) of this section. The accounting period for the statement begins on the date that the name of the treasurer is certified to the Secretary of State under subsection (1) of this section or on the day following the last day of the accounting period for the previous statement filed and ends on the 16th day before the date of the primary election. The statement required under this subsection shall be filed whether or not the petition was completed or filed or was withdrawn under ORS 250.029.

(5) In addition to the statement required under subsection (4) of this section, for each statewide initiative petition, the treasurer appointed under subsection (1) of this section shall file with the Secretary of State a statement described in subsection (8) of this section for each period described in this subsection. A statement shall be filed under this subsection beginning with the period during which the aggregate amount of contributions received or expenditures made exceeds $2,000. The following statements shall be filed:

(a) A statement of contributions received and expenditures made filed not later than September 10 of an odd-numbered year. The accounting period for the statement required under this paragraph begins on the date the treasurer is appointed under subsection (1) of this section and ends on September 1.

(b) A statement of contributions received and expenditures made filed not later than February 6 of an even-numbered year. The accounting period for the statement required under this paragraph begins on the date the treasurer is appointed under subsection (1) of this section or on the day following the last day of the accounting period for the previous statement filed and ends on January 28.

(6) Not later than the 15th day after the last day for filing a statewide initiative or referendum petition or any recall petition with the filing officer for verification of signatures, the treasurer appointed under subsection (1) of this section shall file with the filing officer a statement described in subsection (8) of this section. The statement required under this subsection shall be filed whether or not the petition was completed or filed or was withdrawn under ORS 250.029.

(7) Not later than the 15th day after the date an initiative or referendum petition that is not statewide is filed with the filing officer for verification of signatures, the chief petitioners of the initiative or referendum petition shall file with the filing officer a statement described in subsection (8) of this section.

(8) The statement referred to in subsections (4) to (7) of this section shall include the following information:

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

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

(9)(a) For a statewide initiative petition, the accounting period for the statement required by subsection (6) of this section begins on the 15th day before the date of the primary election and ends on the deadline for submitting signatures for verification.

(b) For a statewide referendum petition, the accounting period for the statement required by subsection (6) of this section begins on the date that the name of the treasurer is certified to the filing officer under this section. The accounting period ends on the deadline for submitting signatures for verification.

(c) For a recall petition, the accounting period for the statement required by subsection (6) of this section begins on the day after the date on which the statement of contributions received and expenditures made required under ORS 249.865 is filed. The accounting period ends on the deadline for submitting signatures for verification.

(d) For an initiative or referendum petition that is not statewide, the accounting period for the statement required by subsection (7) of this section begins on the date the prospective petition is filed and ends on the date that signatures are submitted for verification.

(10)(a) If a statement filed under subsection (6) of this section for a statewide initiative or referendum petition or any recall petition that did not qualify for the ballot shows an unexpended balance of contributions or an expenditure deficit, and the chief petitioner’s committee does not intend to support or oppose a measure that is on the subsequent general election ballot, a supplemental statement shall be filed annually not later than September 10.

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

(c) The accounting period for the statement required by this subsection begins on the day following the last day of the accounting period for the previous statement filed and ends on September 1.

(11) 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]

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 Electronic filing of statements of contributions and expenditures. (1) A candidate, political committee or chief petitioner required to file a statement under ORS 260.058, 260.063, 260.068, 260.073, 260.102 or 260.118 shall file the statement in an electronic format if:

(a) The filing officer for the candidate, political committee or chief petitioner is the Secretary of State; and

(b) During the total period described in ORS 260.058, 260.063, 260.068, 260.073, 260.102 or 260.118, the aggregate amount of contributions received and expenditures made by the candidate, political committee or chief petitioner is $50,000 or more.

(2) The Secretary of State by rule shall specify when a candidate, political committee or chief petitioner required to file statements in an electronic format under subsection (1) of this section shall file the first statement in an electronic format.

(3) If a candidate, political committee or chief petitioner is required to file statements electronically under subsection (1) of this section, the candidate, political committee or chief petitioner shall continue to file all subsequent statements required under ORS 260.058, 260.063, 260.068, 260.073, 260.102 or 260.118 in an electronic format, unless the Secretary of State determines that extraordinary and unforeseeable circumstances have made it impracticable for the candidate, political committee or chief petitioner to continue filing electronically.

(4) Statements filed electronically under this section shall conform to the technical specifications for electronic filing prescribed by the Secretary of State by rule.

(5) If a candidate, political committee or chief petitioner files an amendment to a statement that was filed electronically, the amendment shall also be filed in an electronic format. The Secretary of State by rule shall determine the methods and specifications for the filing of amended statements.

(6) Signatures required on any statement filed in an electronic format shall be supplied in the manner specified by the Secretary of State by rule. [1999 c.824 §7]

Note: Section 8, chapter 824, Oregon Laws 1999, provides:

Sec. 8. Waiver of electronic filing requirement. (1) Prior to January 1, 2004, the Secretary of State may waive the requirement that a candidate, political committee or chief petitioner file statements in an electronic format under section 7 (1) of this 1999 Act [260.159 (1)] if the secretary determines that the requirement is impracticable or creates an undue hardship. A waiver granted under this section shall not extend beyond January 1, 2004.

(2) This section is repealed January 1, 2004. [1999 c.824 §8]

260.160 [1995 c.1 §3; repealed by 1999 c.999 §59]

260.161 Delivery of copy of certain statements filed under ORS 260.076 to Chief Clerk of House of Representatives. Upon receiving a statement under ORS 260.076 relating to a person holding the office of state Representative or a person who is a candidate for nomination or election to the office of state Representative, the Secretary of State, not later than one business day after receiving the statement, shall deliver a copy of the statement to the Chief Clerk of the House of Representatives. [2001 c.82 §13]

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]

260.164 [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]

(Prohibited Contributions)

260.174 Contributions prohibited during legislative session; exceptions. (1) No legislative official, statewide official or candidate therefor shall attempt to receive or to solicit or receive or solicit a contribution to the official or candidate or the official’s or candidate’s principal campaign committee or attempt to solicit or solicit an expenditure in support of the official or candidate from any person or political committee during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending upon adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(2) The Governor, Governor-elect or a candidate for Governor shall not attempt to receive or to solicit or receive or solicit a contribution to the Governor or candidate for Governor or the Governor’s or candidate’s principal campaign committee or attempt to solicit or solicit an expenditure in support of the Governor or candidate for Governor from any person or political committee during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending 30 business days following adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(3) No person or political committee during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending upon adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly, shall attempt to make or promise to make or make or promise to make a contribution to a legislative official, statewide official or candidate therefor or to the official’s or candidate’s principal campaign committee, or promise to make an expenditure in support of the official or candidate.

(4) No person or political committee during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending 30 business days following adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly, shall attempt to make or promise to make or make or promise to make a contribution to the Governor, Governor-elect or candidate for Governor, or to the Governor’s or candidate’s principal campaign committee, or promise to make an expenditure in support of the Governor or candidate for Governor.

(5) No 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 attempt to receive or solicit or receive or solicit a contribution on behalf of a legislative official, statewide official or candidate therefor during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending upon adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(6) No person or political committee affiliated with a political party, caucus of either house of the Legislative Assembly, legislative official, statewide official or the Governor, Governor-elect or candidate for Governor shall attempt to receive or solicit or receive or solicit a contribution on behalf of the Governor, Governor-elect or candidate for Governor during the period beginning January 1 immediately preceding a regular biennial session of the Legislative Assembly and ending 30 business days following adjournment of the regular biennial session of the Legislative Assembly, or during any special session of the Legislative Assembly.

(7) Nothing in this section shall prohibit:

(a) A legislative official, statewide official or candidate therefor from making a contribution as an individual from the individual’s personal funds to the same official, candidate or the candidate’s principal campaign committee; or

(b) The Governor, Governor-elect or a candidate for Governor from making a contribution as an individual from the individual’s personal funds to the same individual as Governor, Governor-elect, a candidate for Governor or the candidate’s principal campaign committee.

(8) As used in this section:

(a) "Legislative official" means any member or member-elect of the Legislative Assembly, any member of an agency, board or committee that is part of the legislative branch and any staff person, assistant or employee thereof.

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 to prescribe system of accounts and forms; furnishing forms. The Secretary of State shall:

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

(2) Prescribe forms for statements and other information required under this chapter to be filed with filing officers, and furnish those forms to persons required to file those statements and other information. [1971 c.749 §17; 1979 c.190 §356; 1985 c.808 §58; 1993 c.493 §72; 1999 c.999 §12]

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. (1) Except as provided in this subsection, a filing officer shall inspect each statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.083, 260.102, 260.112 or 260.118 not later than the 10th business day after the filing deadline or the 10th business day after the statement is filed, whichever is later. The statement required under ORS 260.068 (1)(d) and 260.073 (1)(d) shall be inspected not later than the 30th business day after the filing deadline or the 30th business day after the statement is filed, whichever is later. This subsection does not apply to statements required under ORS 260.058 (1)(c) and (2), 260.063 (1)(c) and (2), 260.068 (1)(c) and (3) and 260.073 (1)(c) and (3).

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

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

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

(3) An elector may file with a filing officer a complaint that a statement filed with the filing officer is insufficient or that a person has failed to file a required statement. The complaint shall be in writing, shall state in detail the reasons for complaint 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. [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]

260.210 [Amended by 1971 c.749 §36; renumbered 260.402]

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

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

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 report is required to be filed, the circuit court for the county in which the principal office of the filing officer is located may compel a candidate, treasurer or person who fails to file a statement required to be filed with the filing officer under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.076, 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]

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 or for violation of ORS 260.174. (1) The Secretary of State may impose a civil penalty as provided in this section, in addition to any other penalty that may be imposed, for:

(a) Failure to file a statement or certificate required to be filed under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or 260.118.

(b) Failure to include in a statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or 260.118 the information required under ORS 260.076, 260.083, 260.102 or 260.118.

(2) If a person required to file has not filed a statement or certificate complying with applicable provisions of ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.076, 260.078, 260.083, 260.085, 260.102, 260.112 or 260.118 within the time specified in ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.078 or 260.118, the Secretary of State by certified mail shall notify the person that a penalty may be imposed and that the person has 20 days to request a hearing before the Secretary of State. If the person required to file is a candidate or the principal campaign committee of a candidate, the Secretary of State shall send the notice described in this subsection by certified mail to the individual who is the candidate and by first class mail to the candidate’s treasurer or the treasurer of the candidate’s principal campaign committee. The notice sent by certified mail to the individual who is a candidate shall be used for purposes of determining the deadline for requesting a hearing under subsection (3) of this section. The Secretary of State is not required to send two notices if the candidate serves as the 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

(4) A hearing under subsection (3) of this section shall be held not later than 30 days after the deadline for the person against whom the penalty may be assessed to request a hearing. However, if requested by the person against whom the penalty may be assessed, a hearing under subsection (3) of this section shall be held not later than 45 days after the deadline for the person against whom the penalty may be assessed to request a hearing.

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

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

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

(a) $10,000 for failure to file a statement or certificate required to be filed under ORS 260.044 (1), 260.058, 260.063, 260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or 260.118;

(b) $10,000 for each failure to include in a statement filed under ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or 260.118 the information required under ORS 260.076, 260.083, 260.102 or 260.118; or

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

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

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 260.058 or in the filing of a certificate in lieu of the statement required by ORS 260.058, the candidate’s name shall appear on the general election ballot if those statements are filed before the 61st day before the general election.

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

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

260.245 Withholding certificate of election or certificate of nomination for failure to file statement. A certificate of election or certificate of nomination shall not be granted to any candidate until the candidate has filed the statements relating to the election that the candidate is required to file under ORS 260.058 and 260.068. [1971 c.749 §22; 1973 c.744 §22; 1977 c.829 §21; 1979 c.190 §362; 1981 c.234 §15]

260.250 [Amended by 1971 c.749 §41; renumbered 260.442]

260.255 Preservation of filed statements by filing officers; summary of statements; contents. (1) A filing officer shall preserve each statement filed with the officer under ORS 260.058, 260.063, 260.068, 260.073, 260.076, 260.083, 260.102, 260.112 or 260.118, or an accurate copy of it, for at least six years after the date of the election to which the statement refers.

(2) The Secretary of State shall prepare for each election a summary of the statements filed with the secretary under ORS 260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1) and shall make the summary available to the public. The county clerk shall prepare such a summary regarding candidates for county offices and county measures. The Secretary of State by rule may require a filing officer to prepare such a summary regarding other offices or measures.

(3) The summary reports prepared under this section shall include a list of all expenditures that total $100 or more to any one person and a list of all contributions of more than $50. [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]

260.260 [Repealed by 1971 c.749 §82]

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 260.058, 260.063, 260.068, 260.073, 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]

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 alleging a violation involving the Secretary of State, a candidate for the office of Secretary of State, or any political committee or person supporting the Secretary of State or a candidate for the office of Secretary of State may be filed with the Attorney General. The Secretary of State or Attorney General shall not accept an anonymous complaint.

(2) The Secretary of State by rule shall prescribe the procedure for processing a complaint filed with any person other than the Secretary of State. If the complaint concerns the Secretary of State, any candidate for the office of the Secretary of State, or any political committee or person supporting the candidacy of the Secretary of State or of another person for the office of Secretary of State, the complaint and any additional information relating to the complaint shall be sent to the Attorney General.

(3) Upon receipt of a complaint under subsection (1) or (2) of this section the Secretary of State or Attorney General immediately shall examine the complaint to determine whether a violation of an election law or rule has occurred and shall make any investigation the Secretary of State or Attorney General considers necessary. Except as provided in this subsection, within 48 hours of receiving a complaint under subsection (1) or (2) of this section, the Secretary of State or Attorney General shall notify the person who is the subject of the complaint that a complaint has been received. If the Secretary of State or Attorney General receives a complaint or complaints involving 25 or more individuals or political committees 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. 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]

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]

260.370 [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. No person shall make a contribution to any other person, relating to a nomination or election of any candidate or the support or opposition to any measure, in any name other than that of the person who in truth provides the contribution. No person shall knowingly receive the contribution or enter or cause it to be entered in accounts or records in another name than that of the person by whom it was actually provided. However, if the contribution is received from the treasurer of any political committee, it shall be sufficient to enter it as received from the treasurer. [Formerly 260.210; 1973 c.744 §25; 1979 c.190 §369; 1991 c.911 §1]

260.405 [1967 c.593 §2; 1971 c.749 §55; renumbered 260.542]

260.407 Use of contributed amounts for certain purposes. (1) Except as provided in subsection (2) of this section, amounts received as contributions by a candidate or the principal campaign committee of a candidate for public office that are in excess of any amount necessary to defray campaign expenditures and any other funds donated to a holder of public office may be:

(a) Used to defray any expenses incurred in connection with the recipient’s duties as a holder of public office;

(b) Transferred to any national, state or local political committee of any political party;

(c) Contributed to any organization described in section 170(c) of Title 26 of the United States Code or to any charitable corporation defined in ORS 128.620; or

(d) Used for any other lawful purpose.

(2) Notwithstanding subsection (1) of this section, amounts received as contributions by a candidate for public office that are in excess of any amount necessary to defray campaign expenditures and other funds donated to a holder of public office shall not be converted by any person to any personal use other than to defray any expenses incurred in connection with the person’s duties as a holder of public office or to repay to a candidate any loan the proceeds of which were used in connection with the candidate’s campaign.

(3) As used in this section:

(a) "Funds donated" means all funds, including but not limited to gifts, loans, advances, credits or deposits of money that are donated for the purpose of supporting the activities of a holder of public office. "Funds donated" does not mean funds appropriated by the Legislative Assembly or another similar public appropriating body or personal funds of the office holder donated to an account containing only those personal funds.

(b) "Public office" does not include national or political party office. [1995 c.1 §18; 1999 c.999 §20]

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) 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. [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]

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 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 18.560, or $2,500, whichever is greater. The court may award such additional equitable relief as it considers necessary or proper. The equitable relief may include, but is not limited to, a requirement that a retraction of the false statement be disseminated in the manner directed by the court. Proof of entitlement to economic and noneconomic damages must be by a preponderance of evidence. 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]

260.558 Payment for signing or not signing initiative, referendum or recall petition prohibited; sale or purchase of signature sheets prohibited. (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) If a chief petitioner of a statewide initiative or referendum petition has knowledge of a violation of any provision of Oregon Revised Statutes or 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 committed by a person obtaining signatures on the chief petitioner’s petition, the violation by the person obtaining signatures shall be conclusively considered a violation by the chief petitioner.

(2) A chief petitioner shall not be 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

(3) If a statewide initiative or referendum petition has more than one chief petitioner, each chief petitioner with knowledge may be held liable under subsection (1) of this section.

(4) This section does not apply to a violation of law that is subject to criminal penalty. [2001 c.489 §3; 2001 c.965 §63a]

260.565 [Formerly 254.590; 1981 c.234 §18; repealed by 1983 c.756 §13]

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 Purchase of advertising or payment for editorial advocacy or opposition prohibited. No person shall purchase or arrange for the purchase of any advertising from, or pay the owner, editor, manager, publisher or agent of any newspaper or other periodical or of any radio or television station, to induce that person to editorially support or oppose any candidate or measure. No such owner, editor, manager, publisher or agent shall solicit or receive such payment or purchase of advertising. [Formerly 260.512]

260.610 [Amended by 1957 c.644 §16; 1971 c.749 §57; 1973 c.744 §39; repealed by 1979 c.190 §431]

260.615 Special privileges by public utility to political patrons prohibited. (1) No public utility or telecommunications utility or its agents or officers shall offer or give to a political committee or a member or employee of the committee, or to a candidate for or incumbent of any public office or to any person at the request, or for the advantage of any of them, any reduced rate or a privilege withheld from any person for service which is or will be rendered by a public utility or telecommunications utility.

(2) No political committee, member or employee of the committee, or candidate or incumbent shall ask for or accept from a public utility or telecommunications utility, or its agent or officer, or use in any manner or for any purpose a reduced rate, frank or privilege withheld from any person, for any service which is or will be rendered by a public utility or telecommunications utility.

(3) As used in this section, "public utility" has the meaning given that term in ORS 757.005.

(4) As used in this section, "telecommunications utility" has the meaning given that term in ORS 759.005. [1979 c.190 §381; 1987 c.447 §106]

260.620 [Repealed by 1957 c.644 §28]

260.625 Transfer of convention credential for value. No person shall offer or effect the transfer of any convention credential in return for payment of money or other thing of value. [Formerly 260.442]

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.

(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 Payments for putting name on nomination papers or for performance of political committee duties. No payment or contribution for any purpose shall be made a condition precedent to putting a name on any caucus or convention ballot, nomination paper or petition, or to the performance of any duty imposed by law on a political committee. [Formerly 260.462]

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; 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) No person, acting either alone or with or through any other person, shall directly or indirectly subject any person to undue influence with the intent to induce any person to:

(a) Register or vote;

(b) Refrain from registering or voting;

(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; or

(h) Apply or refrain from applying for an absentee ballot.

(3) No person shall solicit or accept money or other thing of value as an inducement to act as prohibited by subsection (2) of this section.

(4) This section does not prohibit:

(a) The employment of persons to render services to candidates, political parties 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) Free transportation to and from the polls for persons voting; but no means of advertising, solicitation or inducement to influence the vote of persons transported shall be used with that transportation;

(g) Individuals 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]

260.670 [Amended by 1957 c.644 §21; 1971 c.749 §62; 1973 c.744 §44; repealed by 1979 c.190 §431]

260.675 Furnishing, printing or distributing ballots contrary to law prohibited. No person employed or authorized to print official ballots or ballot labels shall give, deliver or knowingly permit any of the ballots or ballot labels to be taken by any person other than the official under whose direction the ballots or ballot labels are printed. No person shall knowingly print, cause or permit to be printed any ballot or ballot label 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 such official. No official having the duty of distributing ballots or ballot labels, nor any persons acting for that official, shall knowingly distribute or cause to be distributed any ballots or ballot labels in any other manner than as provided under the election law. [Formerly 249.364]

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 in elections conducted by mail or at polling place. (1) No person shall print or circulate an imitation of the ballot or sample ballot, or a portion of the ballot or sample ballot, which contains information which will not appear, or deletes information which will appear, on the ballot or sample ballot, or that portion of the ballot or sample ballot, unless the imitation of the ballot or sample ballot, or portion of the ballot or sample ballot, contains the following statement in bold type: "NOT FOR OFFICIAL USE." This subsection does not prohibit the printing or circulation of an imitation of a ballot which illustrates the manner in which a candidate’s name may be written in for an office.

(2) No person, within any building in which a polling place is located or, in an election conducted by mail, after the date that ballots are mailed as provided in ORS 254.470, within any building in which ballots are issued, or within 100 feet measured radially from any entrance to the building, shall do any electioneering, including circulating any cards or hand bills, or soliciting signatures to any petition. No person shall do any electioneering by public address system located more than 100 feet from an entrance to the building but capable of being understood within 100 feet of the building. The electioneering need not relate to the election being conducted.

(3) No person shall obstruct an entrance of a building in which a polling place is located. In an election conducted by mail, from the date that ballots are mailed as provided in ORS 254.470 until the time designated by the county clerk for closure of the building on election day, no person shall obstruct an entrance of a building in which a place designated for the deposit of ballots under ORS 254.470 or any voting booth maintained under ORS 254.474 is located.

(4) No person shall vote or offer to vote in any election knowing the person is not entitled to vote.

(5) No person at a polling place, other than an election board member, shall deliver a ballot to an elector.

(6) No elector at a polling place shall knowingly receive a ballot from any other person than an election board member.

(7) No person shall make a false statement about the person’s inability to mark a ballot.

(8) No person, except an elections official in performance of duties or other person providing assistance to an elector as described in ORS 254.445, shall ask a person at the polling place for whom that person intends to vote, or examine or attempt to examine the person’s ballot.

(9) No person shall show the person’s own marked or punched ballot to another person to reveal how it was marked or punched.

(10) No elections official, other than in the performance of duties, shall disclose to any person any information by which it can be ascertained for whom any elector has voted.

(11) No person, except an elections official in performance of duties, shall do anything to a ballot to permit identification of the person who voted.

(12) No elector at a polling place shall deliver a ballot to an election board member except the ballot the elector received from an election board member. Nothing in this subsection shall prohibit a person from delivering any absentee ballot or ballots to an election board member.

(13) No person at a polling place, except an election board member, shall receive from an elector other than an absent elector a marked or punched ballot.

(14) No elector shall willfully leave in the polling place anything that will show how the elector’s ballot was marked or punched. In an election conducted by mail, no elector shall willfully leave at any place designated for the deposit of ballots under ORS 254.470 or in any voting booth maintained under ORS 254.474, anything that will show how the elector’s ballot was marked or punched.

(15) No person, except an elections official in performance of duties, shall remove a ballot from any polling place, any place designated for the deposit of ballots under ORS 254.470 or any voting booth maintained under ORS 254.474.

(16) No person, except an elections official in performance of duties or a person authorized by that official, shall willfully deface, remove, alter or destroy a posted election notice.

(17) No person, except an elections official in performance of duties, shall willfully remove, alter or destroy election equipment or supplies, or break the seal or open any sealed package containing election supplies.

(18) No person other than an elections official shall attempt to collect voted ballots within 100 feet measured radially from a location designated for deposit of ballots under ORS 254.470.

(19) No person, except an elections official in performance of duties, in an election conducted by mail, shall establish a location to collect ballots voted by electors unless the person prominently displays at the location a sign stating: "NOT AN OFFICIAL BALLOT DROP SITE." [1979 c.190 §390; 1993 c.713 §37; 1999 c.318 §44; 2001 c.805 §5; 2001 c.965 §16]

260.700 [Amended by 1957 c.644 §22; repealed by 1971 c.749 §82]

260.705 Premature release of vote tally prohibited. No person shall make public the results of the tally of votes from any precinct until after the time for the close of all the polls in the state. [Formerly 246.045]

260.710 [Amended by 1971 c.749 §66; 1973 c.744 §45; repealed by 1979 c.190 §431]

260.715 Prohibitions relating to voting and ballots. (1) No person shall knowingly make a false statement, oath or affidavit where a statement, oath or affidavit is required under the election laws.

(2) No person shall request a ballot in a name other than the person’s own name.

(3) No person shall vote or attempt to vote more than once at any election held on the same date.

(4) No person, except an elections official in performance of duties, shall willfully alter or destroy a ballot cast at an election or the returns of an election.

(5) No person shall willfully place a fraudulent ballot among the genuine ballots.

(6) No person shall falsely write anything purporting to be written by an election board member on the ballot or ballot stub.

(7) No person shall 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.

(8) No person shall manufacture or knowingly use a fraudulent 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 by absent electors or in elections conducted by mail.

(9) No person shall sell, offer to sell, purchase or offer to purchase, for money or other valuable consideration, any absentee ballot or any ballot mailed to an elector in an election conducted by mail. [1979 c.190 §392; 1999 c.318 §45]

260.718 Sale or purchase of ballot, replacement ballot or ballot envelopes prohibited. It is unlawful to sell, offer to sell, purchase or offer to purchase, for money or other valuable consideration, any official ballot, replacement ballot, return identification envelope or secrecy envelope. [1999 c.1002 §6]

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]

SLATE MAILER ORGANIZATIONS

260.735 Slate mailer organizations; statement of organization. (1) A slate mailer organization shall file a statement of organization with the Secretary of State. The statement shall list the name and address of the organization and of the principal officers of the organization.

(2) The statement of organization shall be filed not later than 10 days after the slate mailer organization receives or is promised payment for producing one or more slate mailers.

(3) Any change in information submitted in a statement of organization provided in subsection (1) of this section shall be indicated in an amended statement of organization filed not later than the 10th day after the change in information. [1993 c.710 §3]

260.737 Disclosures required on slate mailer; definitions. (1) A slate mailer organization shall not send a slate mailer unless all of the following are satisfied:

(a) The name and address of the slate mailer organization shall be shown on the outside of each piece of the slate mailer in a legible size and type.

(b) The following notice shall appear in a legible size and type at the top or bottom of the front side of the slate mailer:

______________________________________________________________________________

NOTICE TO VOTERS

THIS DOCUMENT WAS NOT PREPARED BY A POLITICAL PARTY COMMITTEE OR PARTY CAUCUS COMMITTEE.

CANDIDATES AND MEASURES MARKED WITH AN * PAID FOR APPEARANCE IN THIS DOCUMENT.

______________________________________________________________________________

(c) Each candidate that has paid to appear in the slate mailer and each measure on whose behalf payment has been received to appear in the slate mailer shall be designated by an asterisk of legible size immediately following the name of the candidate or the name or number of the measure in each instance where the name of the candidate or the name or number of the measure appears in the slate mailer.

(2) The Secretary of State by rule shall define "legible size" and "legible size and type" as used in this section.

(3) For purposes of ORS 260.735 and this section, "address" means the address of a residence, office, headquarters or similar location where the slate mailer organization or a responsible officer of the slate mailer organization may be conveniently located. If the slate mailer organization is a political committee, the address shall be the address of the political committee included in the statement of organization under ORS 260.039 or 260.042.

(4) The Secretary of State by rule may define the term "payment" as used in this section and ORS 260.005 (20) and 260.735. [1993 c.710 §§4,5; 1995 c.607 §56a; 1999 c.999 §21; 2001 c.965 §17]

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, 247.171 (5), 247.420 (2), 253.710, 260.402, 260.555, 260.558, 260.575, 260.615, 260.645, 260.665 (2) or (3) involving any action described in ORS 260.665 (2)(d) to (f), 260.715 or 260.718 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]

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 of State under ORS chapters 246 to 260 or any other matter preliminary to or relating to an election, for which no penalty is otherwise provided.

(2) The Secretary of State or the Attorney General may impose a civil penalty not to exceed $1,000 for each violation of ORS 251.049 (3) or 251.405 (3).

(3) Except as otherwise provided by this section, civil penalties under this section shall be imposed as provided in ORS 183.090. In addition to the requirements of ORS 183.090, the notice shall include:

(a) A statement of the authority and jurisdiction under which the hearing is to be held; and

(b) If the person is an agency, corporation or an unincorporated association, a statement that such 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 of State or Attorney General:

(a) Upon request of the person against whom the penalty may be assessed, if the request is made not later than the 20th day after the date the person received notice sent under subsection (3) of this section; or

(b) Upon the Secretary of State’s or Attorney General’s own motion.

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

(6) All hearings under this section shall be held not later than 30 days after the deadline for the person against whom the penalty may be assessed to request a hearing. However, if requested by the person against whom the penalty may be assessed, a hearing under subsection (4) of this section shall be held not later than 45 days after the deadline for the person against whom the penalty may be assessed to request a hearing.

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

(8) Except as provided in this subsection, all penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund. A penalty that is recovered from a person who violated ORS 260.432 (1) or from a public employee who violated ORS 260.432 (2) shall be remitted as follows:

(a) If the public employee involved is an employee of the state or any of its agencies or institutions, the penalty shall be paid into the State Treasury and credited to the General Fund.

(b) If the public employee involved is an employee of a city, county or other political subdivision, the penalty shall be paid to the city, county or other political subdivision. [1987 c.718 §1; 1991 c.319 §2; 1991 c.734 §119; 1993 c.493 §83]

260.997 [1995 c.1 §10; repealed by 1999 c.999 §59]

260.999 [1995 c.1 §11; repealed by 1999 c.999 §59]