Bill Text: OR HB2894 | 2011 | Regular Session | Introduced

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Bill Title: Relating to elections; prescribing an effective date.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2894 Detail]

Download: Oregon-2011-HB2894-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2420

                         House Bill 2894

Sponsored by Representative KENNEMER (Presession filed.)

                             SUMMARY

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

  Sets limits on amounts that may be contributed to political
candidates by certain political committees. Provides civil
penalties.
  Takes effect only if amendment to Oregon Constitution by House
Joint Resolution 11 (2011) allowing regulation of campaign
contributions is approved by people at next regular general
election.
  Takes effect on effective date of constitutional amendment
proposed in House Joint Resolution 11 (2011).

                        A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
  260.005 and 260.737; and prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2011 Act are added to
and made a part of ORS chapter 260. + }
  SECTION 2.  { + Notwithstanding any provision of chapter 3,
Oregon Laws 2007:
  (1) A political party committee may not contribute an aggregate
amount exceeding:
  (a) With respect to an election period, $2,500 to any one
candidate for nomination or election to public office.
  (b) With respect to an election cycle, $10,000 to any one
political committee, other than a principal campaign committee or
a political party committee.
  (c) With respect to an election cycle, $10,000 to all political
party committees.
  (2) A candidate, principal campaign committee of a candidate or
political committee may not accept a contribution in excess of
the limits specified in this section.
  (3) This section does not apply to:
  (a) Contributions made to a political committee organized
exclusively to support or oppose a measure or a candidate for
nomination or election to federal office; or
  (b) Contributions made to or received by a candidate for
nomination or election to federal office or political party
office.
  (4) For purposes of this section, a contribution to a candidate
includes a contribution to the candidate's principal campaign
committee.

  (5) For each calendar year, the Secretary of State, by rule,
shall adjust the amount of the contribution limits described in
this section to account for changes in consumer prices. The
secretary shall use an official indicator of consumer prices and
round the adjusted amount to the nearest whole dollar. + }
  SECTION 3.  { + (1) Except as provided in subsection (2) of
this section, the Secretary of State or Attorney General may
impose a civil penalty under ORS 260.995 for each violation of
section 2 of this 2011 Act.
  (2) For a violation of section 2 of this 2011 Act, the
Secretary of State or Attorney General may impose a civil penalty
not to exceed the greater of $1,000 or three times the amount of
the contribution made in excess of the applicable limit.
  (3) If a candidate or candidate's principal campaign committee
violates any provision of section 2 of this 2011 Act, the
candidate and the candidate's treasurer are personally liable for
the penalty imposed under this section. If a political committee,
other than a principal campaign committee, violates any provision
of section 2 of this 2011 Act, the directors of the political
committee are jointly and severally liable for the penalty
imposed under this section. + }
  SECTION 4. ORS 260.005 is amended to read:
  260.005. As used in this chapter:
  (1)(a) 'Candidate' means:
  (A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed or whose name is
expected to be or has been presented, with the individual's
consent, for nomination or election to public office;
  (B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made, and whether or
not the name of the individual is printed on a ballot; or
  (C) A public office holder against whom a recall petition has
been completed and filed.
  (b) For purposes of this section and ORS 260.035 to 260.156, '
candidate' does not include a candidate for the office of
precinct committeeperson.
  (2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
The officers of a political party shall be considered the
directors of any political party committee of that party, unless
otherwise provided in the party's bylaws.
  (3) Except as provided in ORS 260.007, 'contribute' or '
contribution' includes:
  (a) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of
money, services other than personal services for which no
compensation is asked or given, supplies, equipment or any other
thing of value:
  (A) For the purpose of influencing an election for public
office or an election on a measure, or of reducing the debt of a
candidate for nomination or election to public office or the debt
of a political committee; or
  (B) To or on behalf of a candidate, political committee or
measure;
  (b) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution; and
  (c) The excess value of a contribution made for compensation or
consideration of less than equivalent value.
  (4) 'Controlled committee' means a political committee that, in
connection with the making of contributions or expenditures:
  (a) Is controlled directly or indirectly by a candidate or a
controlled committee; or
  (b) Acts jointly with a candidate or controlled committee.
  (5) 'Controlled directly or indirectly by a candidate ' means:
  (a) The candidate, the candidate's agent, a member of the
candidate's immediate family or any other political committee
that the candidate controls has a significant influence on the
actions or decisions of the political committee; or
  (b) The candidate's principal campaign committee and the
political committee both have the candidate or a member of the
candidate's immediate family as a treasurer or director.
  (6) 'County clerk' means the county clerk or the county
official in charge of elections.
  (7) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
  (8) Except as provided in ORS 260.007, 'expend' or '
expenditure' includes the payment or furnishing of money or
anything of value or the incurring or repayment of indebtedness
or obligation by or on behalf of a candidate, political committee
or person in consideration for any services, supplies, equipment
or other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
committee or measure, or for reducing the debt of a candidate for
nomination or election to public office. 'Expenditure' also
includes contributions made by a candidate or political committee
to or on behalf of any other candidate or political committee.
  (9) 'Filing officer' means:
  (a) The Secretary of State:
  (A) Regarding a candidate for public office;
  (B) Regarding a statement required to be filed under ORS
260.118;
  (C) Regarding any measure; or
  (D) Regarding any political committee.
  (b) In the case of an irrigation district formed under ORS
chapter 545, 'filing officer' means:
  (A) The county clerk, regarding any candidate for office or any
measure at an irrigation district formation election where the
proposed district is situated wholly in one county;
  (B) The county clerk of the county in which the office of the
secretary of the proposed irrigation district will be located,
regarding any candidate for office or any measure at an
irrigation district formation election where the proposed
district is situated in more than one county; or
  (C) The secretary of the irrigation district for any election
other than an irrigation district formation election.
  (10) 'Independent expenditure' means an expenditure by a person
for a communication in support of or in opposition to a clearly
identified candidate or measure that is not made with the
cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
agent or authorized committee of the candidate, or any political
committee or agent of a political committee supporting or
opposing a measure. For purposes of this subsection:
  (a) 'Agent' means any person who has:
  (A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate or on behalf of a political committee
supporting or opposing a measure; or
  (B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures.
  (b)(A) 'Clearly identified' means, with respect to candidates:
  (i) The name of the candidate involved appears;
  (ii) A photograph or drawing of the candidate appears; or
  (iii) The identity of the candidate is apparent by unambiguous
reference.
  (B) 'Clearly identified' means, with respect to measures:
  (i) The ballot number of the measure appears;
  (ii) A description of the measure's subject or effect appears;
or
  (iii) The identity of the measure is apparent by unambiguous
reference.
  (c) 'Communication in support of or in opposition to a clearly
identified candidate or measure' means:
  (A) The communication, taken in its context, clearly and
unambiguously urges the election or defeat of a clearly
identified candidate for nomination or election to public office,
or the passage or defeat of a clearly identified measure;
  (B) The communication, as a whole, seeks action rather than
simply conveying information; and
  (C) It is clear what action the communication advocates.
  (d) 'Made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a
candidate or any agent or authorized committee of the candidate,
or any political committee or agent of a political committee
supporting or opposing a measure':
  (A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent, or by any political committee
or agent of a political committee supporting or opposing a
measure, prior to the publication, distribution, display or
broadcast of the communication. An expenditure shall be presumed
to be so made when it is:
  (i) Based on information about the plans, projects or needs of
the candidate, or of the political committee supporting or
opposing a measure, and provided to the expending person by the
candidate or by the candidate's agent, or by any political
committee or agent of a political committee supporting or
opposing a measure, with a view toward having an expenditure
made; or
  (ii) Made by or through any person who is or has been
authorized to raise or expend funds, who is or has been an
officer of a political committee authorized by the candidate or
by a political committee or agent of a political committee
supporting or opposing a measure, or who is or has been receiving
any form of compensation or reimbursement from the candidate, the
candidate's principal campaign committee or agent or from any
political committee or agent of a political committee supporting
or opposing a measure.
  (B) Does not mean providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures.
  (11) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
  (12) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
  (13) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
  (14) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
  (a) A proposed law.
  (b) An Act or part of an Act of the Legislative Assembly.
  (c) A revision of or amendment to the Oregon Constitution.
  (d) Local, special or municipal legislation.
  (e) A proposition or question.
  (15) 'Occupation' means:
  (a) The nature of an individual's principal business; and
  (b) If the individual is employed by another person, the
business name and address, by city and state, of the employer.
  (16) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
  (17) 'Petition committee' means an initiative, referendum or
recall petition committee organized under ORS 260.118.
  (18) 'Political committee' means a combination of two or more
individuals, or a person other than an individual, that has:
  (a) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
  (b) Made an expenditure for the purpose of supporting or
opposing a candidate, measure or political party. For purposes of
this paragraph, an expenditure does not include:
  (A) A contribution to a candidate or political committee that
is required to report the contribution on a statement filed under
ORS 260.057, 260.076 or 260.102 or a certificate filed under ORS
260.112; or
  (B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044.
   { +  (19) 'Political party committee' means a political
committee established by a major or minor political party as
described in ORS 248.006 and 248.008. + }
    { - (19) - }  { +  (20) + } 'Public office' means any
national, state, county, district, city office or position,
except a political party office, that is filled by the electors.
    { - (20) - }  { +  (21) + } 'Recall petition' means a
petition to recall a public officer for which a prospective
petition has been filed but that is not yet a measure.
    { - (21) - }  { +  (22) + } 'Referendum petition' means a
petition to refer a measure for which a prospective petition has
been filed but that is not yet a measure.
    { - (22) - }  { +  (23) + } 'Regular district election' means
the regular district election described in ORS 255.335.
    { - (23) - }  { +  (24) + } 'Slate mailer' means a mass
mailing that supports or opposes a total of three or more
candidates or measures.
    { - (24)(a) - }  { +  (25)(a) + } 'Slate mailer organization'
means 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) '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.
    { - (25) - }  { +  (26) + } '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.
   { +  (27) 'With respect to an election cycle' means the time
beginning one day after the date of a general election and ending
on the date of the next general election.
  (28) 'With respect to an election period' means, with respect
to a contribution to a candidate for public office, the time
beginning on the date of a nominating, general or special
election for a public office and ending on the date of the next
nominating, general or special election for that public
office. + }
  SECTION 5. ORS 260.737 is amended to read:
  260.737. (1) A slate mailer organization may 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   { - (24) - }
 { +  (25) + } and 260.735.
  SECTION 6.  { + Sections 2 and 3 of this 2011 Act and the
amendments to ORS 260.005 and 260.737 by sections 4 and 5 of this
2011 Act apply to contributions and expenditures made on or after
the effective date of this 2011 Act. + }
  SECTION 7.  { + This 2011 Act does not take effect unless the
amendment to Article II of the Oregon Constitution proposed by
House Joint Resolution 11 (2011) is approved by the people at the
next regular general election held throughout this state. This
2011 Act takes effect on the effective date of that
constitutional amendment. + }
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