77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 3523
Sponsored by Representatives MATTHEWS, KENY-GUYER, PARRISH,
JENSON; Representative DAVIS
CHAPTER ................
AN ACT
Relating to election campaign finance; creating new provisions;
amending ORS 260.005, 260.039, 260.042, 260.044, 260.057,
260.083, 260.118 and 260.232; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 260.044 is amended to read:
260.044. { - (1) A person shall file a statement of
independent expenditures if the person makes independent
expenditures in a total amount of more than $750 in a calendar
year. The statement shall be filed with the Secretary of
State. - }
{ - (2) A statement described in subsection (1) of this
section shall be filed not later than seven calendar days after
the total amount of independent expenditures exceeds $750 in a
calendar year. The accounting period for the statement required
by subsection (1) of this section begins on the date that an
independent expenditure is made. The statement shall specify the
candidate or measure supported or opposed by the independent
expenditure. The secretary by rule shall prescribe the form of
the statement. - }
{ + (1) If a person makes independent expenditures in a total
amount of more than $750 in a calendar year, the person shall use
the electronic filing system adopted under ORS 260.057 to file
with the Secretary of State a statement of independent
expenditures not later than seven calendar days after the total
amount of independent expenditures exceeds $750 in a calendar
year.
(2) A person who files a statement of independent expenditures
under subsection (1) of this section shall use the electronic
filing system adopted under ORS 260.057 to file with the
secretary additional statements of independent expenditures made
by the person, as described in ORS 260.083.
(3) Except as provided in subsections (4) and (5) of this
section, a person shall file a statement described in subsection
(2) of this section not later than 30 calendar days after an
independent expenditure is made.
(4)(a) A person shall file a statement described in subsection
(2) of this section not later than seven calendar days after an
independent expenditure is made. This paragraph applies to
independent expenditures made:
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(A) During the period beginning on the 42nd calendar day before
the date of any primary election and ending on the date of the
primary election; and
(B) During the period beginning on the 42nd calendar day before
the date of any general election and ending on the date of the
general election.
(b) If the person makes an independent expenditure prior to the
42nd calendar day before the date of the primary or general
election and the person has not filed a statement under
subsection (3) of this section by the 43rd calendar day before
the date of the primary or general election, the person shall
file a statement described in subsection (2) of this section not
later than the 35th calendar day before the date of the primary
or general election.
(5) For any special election, the secretary by rule may
establish a period during which a person must file a statement
described in subsection (2) of this section. The period may not
extend beyond seven calendar days after an independent
expenditure is made. + }
{ - (3) - } { + (6) + } Notwithstanding ORS 260.005 (18), a
person who solicits and receives a contribution or contributions
is a political committee and shall file a statement of
organization under ORS 260.042 and the statements required by ORS
260.057 { + , + } { - or - } 260.076 { + or 260.078 + }.
{ - (4) - } { + (7) + } For purposes of this section:
(a) An independent expenditure does not include a contribution
to a candidate or political committee that is required to report
the contribution on a statement filed under ORS 260.057,
260.076 { + , 260.078 + } or 260.102 or a certificate filed under
ORS 260.112;
(b) An independent expenditure does not include a contribution
to a candidate who is not required to file a statement of
organization under ORS 260.043; and
(c) A person is not a political committee under subsection
{ - (3) - } { + (6) + } of this section if all contributions
received by the person are:
(A) Designated to an identified candidate or political
committee;
(B) Delivered by the person to the designated candidate or
political committee not later than seven business days after the
contribution is received; and
(C) Required to be reported as contributions by a candidate or
political committee on a statement filed under ORS 260.057,
260.076 { + , 260.078 + } or 260.102 or a certificate filed under
ORS 260.112.
SECTION 2. ORS 260.057 is amended to read:
260.057. (1) The Secretary of State by rule shall adopt an
electronic filing system to be used by:
(a) All candidates and political committees to file with the
secretary statements of contributions received and expenditures
made by the candidates and political committees, as described in
ORS 260.083.
(b) Treasurers of { - a petition committee - } { + petition
committees + } organized under ORS 260.118 to file with the
secretary statements of contributions received and expenditures
made by the treasurers and chief petitioners as described in ORS
260.083.
{ + (c) Persons who make independent expenditures as provided
in ORS 260.044 to file with the secretary statements of
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independent expenditures made by the persons as described in ORS
260.083.
(2) Except as otherwise provided in this section, a candidate
or political committee shall file a statement of contributions
received and expenditures made described in subsection (1)(a) of
this section not later than 30 calendar days after a contribution
is received or an expenditure is made. + }
{ - (2)(a) - } { + (3)(a) + }A candidate for nomination or
election at any primary or general election or a political
committee supporting or opposing a candidate or measure at any
primary or general election shall file a statement described in
subsection (1) { + (a) + } of this section not later than seven
calendar days after a contribution is received or an expenditure
is made. This paragraph applies to contributions received and
expenditures made { + :
(A) + } During the period beginning on the 42nd calendar day
before the date of any primary election and ending on the date of
the primary election { + ; + } and
{ + (B) During + } the period beginning on the 42nd calendar
day before the date of any general election and ending on the
date of the general election.
(b) For any special election, the secretary by rule may
establish a period during which a candidate for nomination or
election at the special election or a political committee
supporting or opposing a candidate or measure at the special
election must file a statement described in subsection (1) of
this section not later than seven calendar days after a
contribution is received or an expenditure is made.
{ - (3) Except as provided in subsection (4) of this section,
during a period not described in subsection (2) of this section,
a candidate or political committee shall file a statement
described in subsection (1) of this section not later than 30
calendar days after a contribution is received or an expenditure
is made. - }
{ - (4)(a) If a candidate for nomination or election at any
primary election or a political committee supporting or opposing
a candidate or measure at any primary election receives a
contribution or makes an expenditure prior to the 42nd calendar
day before the date of the primary election and the candidate or
political committee has not filed a statement of the contribution
or expenditure under subsection (3) of this section by the 43rd
calendar day before the date of the primary election, the
candidate or political committee shall file a statement described
in subsection (1) of this section not later than the 35th
calendar day before the date of the primary election. - }
{ - (b) If a candidate for nomination or election at any
general election or a political committee supporting or opposing
a candidate or measure at any general election receives a
contribution or makes an expenditure prior to the 42nd calendar
day before the date of the general election and the candidate or
political committee has not filed a statement of the contribution
or expenditure under subsection (3) of this section by the 43rd
calendar day before the date of the general election, the
candidate or political committee shall file a statement described
in subsection (1) of this section not later than the 35th
calendar day before the date of the general election. - }
{ + (c) If the candidate or political committee receives a
contribution or makes an expenditure prior to the 42nd calendar
day before the date of the primary or general election and the
candidate or political committee has not filed a statement of the
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contribution or expenditure under subsection (2) of this section
by the 43rd calendar day before the date of the primary or
general election, the candidate or political committee shall file
a statement described in subsection (1)(a) of this section not
later than the 35th calendar day before the date of the primary
or general election. + }
{ - (5) - } { + (4) + } The electronic filing system shall
be provided free of charge by the secretary and { + shall + }:
(a) Accept electronic files that conform to the format
prescribed by the secretary by rule; or
(b) Be compatible with any other electronic filing application
provided or approved by the secretary.
{ - (6)(a) - } { + (5)(a) + } Except as provided in
paragraph (b) of this subsection, the secretary shall make all
data filed electronically under { + subsection (1)(a) of + }
this section { - and ORS 260.118 - } and all information filed
with the secretary under ORS 260.045, 260.049, 260.085 or 260.102
available on the Internet to the public free of charge according
to a schedule adopted by the secretary by rule. The secretary
shall make the data available in a searchable database that is
easily accessible by the public. When the secretary makes data or
information available on the Internet under this subsection, the
secretary shall display any contribution received from a person
or political committee with an out-of-state address in a
different colored font than a contribution received from a person
or political committee with an in-state address.
(b) The secretary may not make data that are filed
electronically under { + subsection (1)(a) of + } this section
{ - or ORS 260.118 - } available to the public under this
section, unless the data are required to be listed under ORS
260.083. The secretary may not disclose under ORS 192.410 to
192.505 any data that are filed electronically under
{ + subsection (1)(a) of + } this section { - or ORS
260.118 - } , unless the data are required to be listed under ORS
260.083.
{ - (7)(a) - } { + (6)(a) + } Except as provided in
paragraph (b) of this subsection, each statement required by this
section shall be signed and certified as true by the candidate or
treasurer required to file it. Signatures shall be supplied in
the manner specified by the secretary by rule.
(b) A candidate or treasurer may designate an individual to
sign and certify as true a statement required by this section.
The designation must be filed in writing with the secretary and
must be renewed for each two-year period beginning January 1 of
an even-numbered year.
{ - (8) - } { + (7) + } This section does not apply to:
(a) Candidates for federal office;
(b) Candidates who are not required to file a statement of
organization under ORS 260.043; or
(c) Candidates, political committees or petition committees
that file certificates under ORS 260.112.
SECTION 3. ORS 260.083 is amended to read:
260.083. (1) { + (a) For a contribution, except as provided in
ORS 260.085, + } a statement filed under ORS { + 260.044, + }
260.057, 260.076 { + , 260.078 + } or 260.118 shall list:
{ - (a) Except as provided in ORS 260.085, for a
contribution: - }
(A) The name, occupation and address of each person, and the
name and address of each political committee or petition
committee, that contributed an aggregate amount of more than $100
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in a calendar year on behalf of a candidate or to a political
committee or petition committee and the total amount contributed
by that person or committee; and
(B) The total amount of other contributions as a single item,
but shall specify how those contributions were obtained.
(b) For an expenditure { + , including an independent
expenditure, a statement filed under ORS 260.044, 260.057,
260.076, 260.078 or 260.118 shall list + }:
(A) The amount and purpose of each expenditure made in an
aggregate amount of more than $100 to a payee, the name or, if
applicable, the business name of the payee of the expenditure,
and the city, or county if the payee is not located in a city,
and state in which the payee is located; and
(B) The total amount of other expenditures as a single item.
(c) { + For + } each loan, whether repaid or not, made by or
to { - the - } { + a + } candidate, political committee or
petition committee { - . The - } { + , a + } statement
{ + filed under ORS 260.044, 260.057, 260.076, 260.078 or
260.118 + } shall list:
(A) The name and address of each person shown as a cosigner or
guarantor on a loan and the amount of the obligation undertaken
by each cosigner or guarantor;
(B) The name of the lender holding the loan; and
(C) The terms of the loan, including the interest rate and
repayment schedule.
{ - (2)(a) A contribution shall be reported as an account
receivable only if the contribution is not received within the
time specified in ORS 260.057, 260.076 or 260.118. - }
{ - (b) - } { + (2) + } An expenditure shall be reported as
an account payable only if the expenditure is not paid within the
time specified in ORS 260.057, 260.076 or 260.118.
(3) Anything of value paid for or contributed by any person
shall be listed as both an in-kind contribution and an
expenditure by the candidate or committee for whose benefit the
payment or contribution was made.
(4) If a candidate, political committee or petition committee
under ORS 260.057 or 260.118 makes an expenditure that must be
reported as an in-kind contribution and an expenditure as
provided in subsection (3) of this section, the candidate,
political committee or petition committee making the original
expenditure shall, in any statement filed under ORS 260.057 { + ,
260.078 + } or 260.118, identify the expenditure as an in-kind
contribution and identify the candidate, political committee or
petition committee for whose benefit the expenditure was made.
(5) If a political committee makes an expenditure that
qualifies as an independent expenditure under ORS 260.005 (10),
the listing of the expenditure under this section shall identify
any candidates or measures that are the subject of the
independent expenditure and state whether the independent
expenditure was used to advocate the election, passage or defeat
of the candidates or measures.
(6) As used in this section:
(a) 'Address' has the meaning given that term in rules adopted
by the Secretary of State.
(b) 'Contribution' and 'expenditure' include a contribution or
expenditure to or on behalf of an initiative, referendum or
recall petition.
SECTION 4. ORS 260.118 is amended to read:
260.118. (1) The chief petitioners of an initiative, referendum
or recall petition shall appoint a treasurer. The treasurer shall
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be an elector of this state. Contributions shall be received and
expenditures made by or through the treasurer.
(2) The treasurer shall file a statement of organization of a
petition committee with the appropriate filing officer. The
treasurer shall file the statement not later than the third
business day after a chief petitioner or the treasurer receives a
contribution or makes an expenditure relating to the initiative,
referendum or recall petition. The statement shall include:
(a) The name and address of the chief petitioners.
(b) The name and address of the treasurer appointed under
subsection (1) of this section.
(c) A designation of the initiative, referendum or recall
petition. The designation of the recall petition shall include
the name of the officer whose recall is demanded.
(d) The name of the financial institution in which the petition
account required under ORS 260.054 is established, the name
{ - and number - } of the account, the name of the account
holder and the names of all individuals who have signature
authority for the account. The Secretary of State may not
disclose information received by the secretary under this
paragraph except as necessary for purposes of enforcing the
provisions of ORS chapters 246 to 260.
(3) If there is a change in the information submitted in a
statement of organization under subsection (2) of this section,
the treasurer shall file an amended statement of organization not
later than the 10th day after the change in information.
(4) The treasurer of an initiative, referendum or recall
petition committee shall use the electronic filing system adopted
under ORS 260.057 to file with the Secretary of State statements
of contributions received and expenditures made by the petition
committee, as described in ORS 260.083.
(5) The treasurer of an initiative petition committee shall
file a statement described in subsection (4) of this section not
later than seven calendar days after a contribution is received
or an expenditure is made. This subsection applies to
contributions received and expenditures made:
(a) During the period beginning on the 42nd calendar day before
the date that is four months before a general election and ending
on the date that is four months before a general election; and
(b) During the period beginning on the 42nd calendar day before
the date of any primary election and ending on the date of the
primary election and the period beginning on the 42nd calendar
day before the date of any general election and ending on the
date of the general election.
(6) The treasurer of a referendum petition committee or a
recall petition committee shall file a statement described in
subsection (4) of this section not later than seven calendar days
after a contribution is received or an expenditure is made. This
subsection applies:
(a) For a referendum petition committee, to contributions
received and expenditures made during the period beginning on the
date the treasurer is appointed under subsection (1) of this
section and ending on the deadline for submitting signatures for
verification; and
(b) For a recall petition committee, to contributions received
and expenditures made during the period beginning on the day
after the date on which the statement of contributions received
and expenditures made that is required under ORS 249.865 is filed
and ending on the deadline for submitting signatures for
verification.
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(7) Except as provided in subsection (8) of this section,
during a period not described in subsection (5) or (6) of this
section, a treasurer of an initiative, referendum or recall
petition committee shall file a statement described in subsection
(4) of this section not later than 30 calendar days after a
contribution is received or an expenditure is made.
(8) If a treasurer of an initiative petition committee receives
a contribution or makes an expenditure prior to the 42nd calendar
day before the date that is four months before a general
election, or the 42nd day before the date of the primary election
or general election, and the treasurer has not filed a statement
of the contribution or expenditure under subsection (4) of this
section by the 43rd calendar day before the date that is four
months before a general election, or the 43rd day before the date
of the primary election or general election, the treasurer shall
file a statement described in subsection (4) of this section not
later than the 35th calendar day before the date that is four
months before a general election, or the 35th day before the date
of the primary election or general election.
(9) For an initiative petition committee, the accounting period
for the first statement filed under this section begins on the
date the treasurer is appointed under subsection (1) of this
section.
(10) Each statement required under this section shall be signed
and certified as true by the treasurer. Signatures shall be
supplied in the manner specified by the secretary by rule.
(11) Subsections (4) to (10) of this section do not apply to
petition committees that file certificates under ORS 260.112.
(12) As used in this section, 'contribution' and ' expenditure'
include a contribution or expenditure to or on behalf of an
initiative, referendum or recall petition.
SECTION 5. ORS 260.232 is amended to read:
260.232. (1) The Secretary of State may impose a civil penalty
as provided in this section, in addition to any other penalty
that may be imposed, for:
(a) Failure to file a statement or certificate required to be
filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083,
260.102, 260.112 or 260.118.
(b) Failure to include in a statement filed under ORS { +
260.044, + } 260.057, 260.076, 260.078, 260.083, 260.102, 260.112
or 260.118 the information required under ORS { + 260.044, + }
260.057, 260.076, 260.083, 260.102 or 260.118.
(2)(a) If a person required to file has not filed a statement
or certificate complying with applicable provisions of ORS
260.044, 260.057, 260.076, 260.078, 260.083, 260.085, 260.102,
260.112 or 260.118 within the time specified in ORS 260.044,
260.057, 260.076, 260.078 or 260.118, the Secretary of State by
first class mail shall notify the person that a penalty may be
imposed and that the person has 20 days from the service date on
the notice to request a hearing before the Secretary of State.
(b) If the person required to file is a candidate or the
principal campaign committee of a candidate, the Secretary of
State shall send the notice described in paragraph (a) of this
subsection by first class mail to the candidate and to the
candidate's treasurer or the treasurer of the candidate's
principal campaign committee. The notice sent to the candidate
shall be used for purposes of determining the deadline for
requesting a hearing under subsection (3) of this section. The
Secretary of State is not required to send two notices if the
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candidate serves as the treasurer of the candidate's principal
campaign committee.
(3) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
Secretary of State:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the person received the notice sent under subsection (2) of
this section;
(b) Upon request of the filing officer with whom a statement or
certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State's own motion.
(4) A hearing under subsection (3) of this section shall be
held not later than 45 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
However, if requested by the person against whom the penalty may
be assessed, a hearing under subsection (3) of this section shall
be held not later than 60 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
(5) The Secretary of State shall issue an order not later than
90 days after a hearing or after the deadline for requesting a
hearing if no hearing is held.
(6) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but
instead may submit written testimony and other evidence, subject
to the penalty for false swearing, to the Secretary of State for
entry in the hearing record. The testimony and other evidence
must be received by the secretary not later than three business
days before the day of the hearing and may be submitted
electronically.
(7) A civil penalty imposed under this section may not be more
than the following:
(a) For failure to file a statement or certificate required to
be filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083,
260.102, 260.112 or 260.118, 10 percent of the total amount of
the contribution or expenditure required to be included in the
statement or certificate; or
(b) For each failure to include in a statement filed under ORS
{ + 260.044, + } 260.057, 260.076, 260.078, 260.083, 260.102,
260.112 or 260.118 the information required under ORS
{ + 260.044, + } 260.057, 260.076, 260.083, 260.102 or 260.118,
10 percent of the total amount of the contribution or expenditure
required to be included in the statement.
(8) The Secretary of State, upon a showing of mitigating
circumstances, may reduce the amount of the penalty described in
subsection (7) of this section.
(9) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.745.
SECTION 6. { + Section 7 of this 2013 Act is added to and made
a part of ORS chapter 260. + }
SECTION 7. { + (1) If a candidate, political committee or
petition committee under ORS 260.057 or 260.118 makes an
expenditure that must be reported as both an in-kind contribution
and an expenditure by the candidate, political committee or
petition committee for whose benefit the expenditure was made as
provided in ORS 260.083 (3), the candidate, political committee
or petition committee making the original expenditure shall:
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(a) Notify the candidate or committee for whose benefit the
expenditure was made in writing that the expenditure was made;
and
(b) Deliver the notice not later than 48 hours after the time
that the candidate, political committee or petition committee
making the original expenditure includes the expenditure in a
statement under ORS 260.057.
(2) The Secretary of State shall adopt rules requiring
expenditures that must be reported as both an in-kind
contribution and an expenditure by the candidate, political
committee or petition committee for whose benefit the expenditure
was made to be highlighted in an identifiable color in the
electronic filing system required under ORS 260.057. + }
SECTION 8. 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; { + and + }
{ - (b) Any unfulfilled pledge, subscription, agreement or
promise, whether or not legally enforceable, to make a
contribution; and - }
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{ - (c) - } { + (b) + } 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 { +
Article II, + } 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:
Enrolled House Bill 3523 (HB 3523-B) Page 10
(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.
Enrolled House Bill 3523 (HB 3523-B) Page 11
(11) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
(12) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit court or the Oregon Tax Court.
(13) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
(14) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
(e) A proposition or question.
(15) 'Occupation' means:
(a) The nature of an individual's principal business; and
(b) If the individual is employed by another person, the
business name and address, by city and state, of the employer.
(16) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
(17) 'Petition committee' means an initiative, referendum or
recall petition committee organized under ORS 260.118.
(18) 'Political committee' means a combination of two or more
individuals, or a person other than an individual, that has:
(a) Received a contribution for the purpose of supporting or
opposing a candidate, measure or political party; or
(b) Made an expenditure for the purpose of supporting or
opposing a candidate, measure or political party. For purposes of
this paragraph, an expenditure does not include:
(A) A contribution to a candidate or political committee that
is required to report the contribution on a statement filed under
ORS 260.057, 260.076 or 260.102 or a certificate filed under ORS
260.112; or
(B) An independent expenditure for which a statement is
required to be filed by a person under ORS 260.044.
(19) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors.
(20) 'Recall petition' means a petition to recall a public
officer for which a prospective petition has been filed but that
is not yet a measure.
(21) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
(22) 'Regular district election' means the regular district
election described in ORS 255.335.
(23) 'State office' means the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries, state Senator, state
Representative, judge or district attorney.
SECTION 9. ORS 260.039 is amended to read:
260.039. (1) Except as provided in ORS 260.043, a candidate who
serves as the candidate's own treasurer, or the treasurer of the
principal campaign committee, shall file a statement of
organization with the filing officer. The statement shall
include:
Enrolled House Bill 3523 (HB 3523-B) Page 12
(a) The name, address, occupation, office sought and party
affiliation of the candidate. The address shall be the address of
a residence, office, headquarters or similar location where the
candidate may be conveniently located.
(b) In the case of a principal campaign committee:
(A) The name and address of the committee. The address shall be
the address of a residence, office, headquarters or similar
location where the political committee or a responsible officer
of the political committee may be conveniently located.
(B) The name, address and occupation of the committee director
or directors, if any.
(C) The name and address of the committee treasurer.
(D) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
(c) The name of the financial institution in which the campaign
account required under ORS 260.054 is established, the name
{ - and number - } of the account, the name of the account
holder and the names of all individuals who have signature
authority for the account. The Secretary of State may not
disclose information received by the secretary under this
paragraph except as necessary for purposes of enforcing the
provisions of ORS chapters 246 to 260.
(2) A candidate or treasurer may designate an individual to
receive any notice provided by a filing officer under ORS
chapters 246 to 260. The candidate or treasurer shall include the
name and address of the individual in the statement of
organization filed under this section. A filing officer who
provides any notice under ORS chapters 246 to 260 to the
candidate or treasurer shall also provide the notice to the
individual designated by the candidate or treasurer under this
subsection.
(3) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer shall file the statement of
organization not later than the third business day after the
candidate first receives a contribution or makes an expenditure.
The treasurer of a principal campaign committee shall file the
statement of organization not later than the date specified in
ORS 260.035.
(4) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
(5) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer or the treasurer of the
principal campaign committee of the candidate shall file a
statement of organization under this section not later than the
deadline for the candidate to file a nominating petition or
declaration of candidacy under ORS 249.037 or a certificate of
nomination under ORS 249.722.
(6) Except as provided in ORS 260.043, a candidate who serves
as the candidate's own treasurer or the treasurer of the
principal campaign committee of a candidate shall file a new or
amended statement of organization not later than the date that
the candidate files a nominating petition, declaration of
candidacy or certificate of nomination.
SECTION 10. ORS 260.042 is amended to read:
260.042. (1) The treasurer of a political committee shall file
a statement of organization with the filing officer. The
statement shall include:
Enrolled House Bill 3523 (HB 3523-B) Page 13
(a) The name, address and nature of the committee. The address
shall be the address of a residence, office, headquarters or
similar location where the political committee or a responsible
officer of the political committee may be conveniently located.
(b) The name, address and occupation of the committee director
or directors.
(c) The name and address of the committee treasurer.
(d) The name and address of any other political committee of
which two or more committee directors are also directors of the
committee filing the statement.
(e) The name, office sought, and party affiliation of each
candidate whom the committee is supporting or specifically
opposing or intends to support or specifically oppose, when
known, or, if the committee is supporting or specifically
opposing all the candidates of a given party, the name of that
party.
(f) A designation of any measure that the committee is opposing
or supporting, or intends to support or oppose.
(g) The name of the financial institution in which the campaign
account required under ORS 260.054 is established, the name
{ - and number - } of the account, the name of the account
holder and the names of all individuals who have signature
authority for the account. The Secretary of State may not
disclose information received by the secretary under this
paragraph except as necessary for purposes of enforcing the
provisions of ORS chapters 246 to 260.
(h) A statement of whether the committee is a controlled
committee.
(2) A treasurer may designate an individual to receive any
notice provided by a filing officer under ORS chapters 246 to
260. The treasurer shall include the name and address of the
individual in a statement of organization filed under this
section. A filing officer who provides any notice under ORS
chapters 246 to 260 to the treasurer of the political committee
shall also provide the notice to the individual designated by the
treasurer under this subsection.
(3) The statement of organization shall be filed not later than
the date specified in ORS 260.035.
(4) Any change in information submitted in a statement of
organization under subsection (1) of this section shall be
indicated in an amended statement of organization filed not later
than the 10th day after the change in information.
(5) This section does not apply to a political committee that
is a principal campaign committee or to a political committee
exclusively supporting or opposing one or more candidates for
federal or political party office.
SECTION 11. { + Section 7 of this 2013 Act and the amendments
to ORS 260.005, 260.039, 260.042, 260.044, 260.057, 260.083,
260.118 and 260.232 by sections 1 to 5 and 8 to 10 of this 2013
Act become operative on January 1, 2014. + }
SECTION 12. { + (1) Section 7 of this 2013 Act and the
amendments to ORS 260.005, 260.039, 260.042, 260.044, 260.057,
260.083, 260.118 and 260.232 by sections 1 to 5 and 8 to 10 of
this 2013 Act apply to contributions received, expenditures made
and statements of independent expenditures required to be filed
on or after the operative date specified in section 11 this 2013
Act.
(2) The Secretary of State may take any action before the
operative date specified in section 11 of this 2013 Act that is
necessary to enable the secretary to exercise, on and after the
Enrolled House Bill 3523 (HB 3523-B) Page 14
operative date specified in section 11 of this 2013 Act, all of
the duties, functions and powers conferred upon the secretary by
section 7 of this 2013 Act and the amendments to ORS 260.005,
260.039, 260.042, 260.044, 260.057, 260.083, 260.118 and 260.232
by sections 1 to 5 and 8 to 10 of this 2013 Act. + }
SECTION 13. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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Passed by House June 28, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 1, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3523 (HB 3523-B) Page 15
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 3523 (HB 3523-B) Page 16