Bill Text: OR HB3530 | 2011 | Regular Session | Introduced
Bill Title: Relating to elections; appropriating money; declaring an emergency.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3530 Detail]
Download: Oregon-2011-HB3530-Introduced.html
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 3572
House Bill 3530
Sponsored by Representative J SMITH (at the request of R.P. Joe
Smith)
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.
Establishes Patriot Dollars Fund. Continuously appropriates
moneys in fund to Secretary of State for purposes of fund.
Directs Secretary of State to mail 50 Patriot Dollars to each
elector in calendar year. Allows electors to contribute Patriot
Dollars to candidates. Allows candidates to submit contributed
Patriot Dollars to secretary for payment from Patriot Dollars
Fund. Requires candidates who accept Patriot Dollars to limit
all contributions in calendar year to aggregate amounts not
exceeding $500.
Directs secretary to make television time available for
statewide and legislative candidates at primary and general
elections. Directs secretary to publicize debates and forums of
other candidates.
Repeals political tax credit.
Becomes operative January 1, 2012.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to elections; creating new provisions; amending ORS
260.005, 260.041, 260.044, 260.054, 260.715, 260.737 and
260.995 and section 34, chapter 913, Oregon Laws 2009;
repealing ORS 305.759 and 316.102; appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 11 of this 2011 Act are added to
and made a part of ORS chapter 260. + }
SECTION 2. { + (1) Not later than January 31 each calendar
year, the Secretary of State shall mail or otherwise deliver 50
Patriot Dollars to each individual who is an elector of this
state as of January 1 of the calendar year.
(2) An individual who becomes an elector after January 1 of a
calendar year may apply to the secretary to receive 50 Patriot
Dollars. If the secretary determines that the individual is an
elector of this state and has not received Patriot Dollars under
subsection (1) of this section, the secretary shall mail or
otherwise deliver 50 Patriot Dollars for that calendar year to
the elector. + }
SECTION 3. { + (1) An elector may contribute Patriot Dollars
received by the elector in that calendar year to a candidate for
nomination or election to a state or local elective office in any
primary election, general election, regular district election or
special election in this state. The candidate must, in the
calendar year in which the contribution is made, be listed on a
primary election, general election, regular district election or
special election ballot in this state or have filed in this state
one of the following:
(a) A prospective petition.
(b) A declaration of candidacy.
(c) A certificate of nomination.
(d) A designation of a principal campaign committee.
(2) Upon receiving a contribution under subsection (1) of this
section, a candidate may submit an amount of Patriot Dollars to
the Secretary of State for payment.
(3) The secretary shall examine each Patriot Dollar submitted
by a candidate and determine whether:
(a) The candidate is eligible to receive funds from the Patriot
Dollars Fund established under section 8 of this 2011 Act; and
(b) The candidate is in compliance with the provisions of
section 4 (2) and (3) of this 2011 Act.
(4) If the candidate meets the requirements of subsection (3)
of this section, the secretary shall pay the candidate an amount
equal to the number of Patriot Dollars submitted by the candidate
out of moneys in the Patriot Dollars Fund. The secretary may make
payments under this section to the extent there are unexpended
and unobligated moneys available in the fund, but may not make
any payment that, when added to all other payments made by the
secretary from the fund for the calendar year, exceeds the amount
credited to the fund for the biennium.
(5) If a payment is not made under this section, the secretary
shall notify the candidate in writing. + }
SECTION 4. { + (1) The Secretary of State may not mail or
otherwise deliver more than 50 Patriot Dollars to a single
elector during a calendar year. An elector may not receive or
contribute more than 50 Patriot Dollars during a calendar year.
(2) A candidate may not accept more than 50 Patriot Dollars
from a single elector during a calendar year. A candidate may not
submit more than 50 Patriot Dollars received from a single
elector to the secretary for payment as described in section 3 of
this 2011 Act.
(3) The secretary may not make a payment to a candidate under
section 3 of this 2011 Act unless the candidate has filed a
declaration of limitation on contributions under section 6 of
this 2011 Act stating that the candidate, during the calendar
year, will not accept a contribution in an aggregate amount
exceeding $500 from any person or political committee. + }
SECTION 5. { + (1) Notwithstanding ORS 260.407, payments to
candidates from the Patriot Dollars Fund established under
section 8 of this 2011 Act may be used only for purposes related
to the candidate's campaign for nomination or election to public
office.
(2) Payments to candidates from the Patriot Dollars Fund may
not be:
(a) Contributed to any other candidate, political committee or
petition committee;
(b) Used to make independent expenditures; or
(c) Used in connection with the nomination or election of the
candidate to any office other than the office for which the
payments were made. + }
SECTION 6. { + (1) Before accepting a contribution of any
amount of Patriot Dollars, a candidate shall file a declaration
of limitation on contributions with the Secretary of State
certifying that the candidate, during the calendar year, will not
accept contributions in an aggregate amount exceeding $500 from
any person or political committee.
(2) The secretary by rule shall prescribe forms for the filing
of a declaration of limitation on contributions under this
section.
(3) If a candidate accepts a contribution of any amount of
Patriot Dollars:
(a) A person or political committee may not contribute an
aggregate amount exceeding $500 to the candidate in a calendar
year; and
(b) The candidate may not accept contributions in an aggregate
amount exceeding $500 from a person or political committee in a
calendar year.
(4) Contributions of Patriot Dollars do not count against the
$500 contribution limit established in this section. + }
SECTION 7. { + (1) The Secretary of State shall prescribe the
form and content of Patriot Dollars.
(2) A contribution of Patriot Dollars to a candidate must be
accompanied by the name, occupation and address of the elector
making the contribution. + }
SECTION 8. { + (1) The Patriot Dollars Fund is established
separate and distinct from the General Fund. Interest earned by
the Patriot Dollars Fund shall be credited to the Patriot Dollars
Fund. All moneys in the Patriot Dollars Fund are continuously
appropriated to the Secretary of State for the purposes of
sections 2 to 11 of this 2011 Act. All moneys described in
section 9 of this 2011 Act shall be paid into the State Treasury
and credited to the Patriot Dollars Fund. Moneys in the Patriot
Dollars Fund may be invested in the same manner as other state
moneys.
(2) The Secretary of State shall keep a record of all moneys
deposited in the fund that indicates the source from which the
moneys are derived, the interest earned and the activity or
program against which any withdrawal is charged.
(3) If moneys credited to the fund are withdrawn, transferred
or otherwise used for purposes other than the program or activity
for which the fund is established, interest shall accrue on the
amount withdrawn from the date of withdrawal until carrying out
the secretary's functions and duties under sections 2 to 11 of
this 2011 Act. + }
SECTION 9. { + The following shall be deposited in the Patriot
Dollars Fund established under section 8 of this 2011 Act:
(1) An amount appropriated by the Legislative Assembly to the
Patriot Dollars Fund. For each biennium, the amount appropriated
under this subsection shall be an amount not less than $50
multiplied by the number of electors registered in this state on
January 1 of the last year of the preceding biennium. The amount
described in this subsection shall be credited from the General
Fund to the Patriot Dollars Fund on July 1 of each odd-numbered
year;
(2) Amounts that were distributed to a candidate, that remain
unspent at the end of the calendar year and that are delivered to
the fund as provided in section 11 of this 2011 Act;
(3) Amounts delivered by any candidate who withdraws as a
candidate for nomination or election as provided in section 11 of
this 2011 Act;
(4) Amounts delivered by any candidate against whom a civil
penalty has been imposed, as described in section 11 of this 2011
Act;
(5) Voluntary contributions made directly to the fund; and
(6) Civil penalties as provided in ORS 260.995. + }
SECTION 10. { + (1) For each biennial primary and general
election, the Secretary of State shall purchase or otherwise
secure broadcast or cable television time for the purpose of
televising candidate forums or debates. The secretary shall make
the television time available to candidates for statewide office
and the offices of state Senator and state Representative.
(2) For any election, in the case of candidates for public
offices not listed in subsection (1) of this section, the
secretary shall publicize the dates and locations of candidate
forums or debates. + }
SECTION 11. { + (1) If the account of a candidate who has
received payments from the Patriot Dollars Fund established under
section 8 of this 2011 Act shows an unexpended balance of
contributions on December 31 of the calendar year in which the
payments from the fund were received, the candidate shall deliver
an amount of money equal to the amount described in subsection
(3) of this section to the Secretary of State not later than a
date set by the secretary by rule.
(2) A candidate who withdraws as a candidate for nomination or
election as provided in ORS chapter 249, who has received
payments from the Patriot Dollars Fund in the calendar year of
withdrawal and whose account shows an unexpended balance of
contributions on the date the candidate files a statement of
withdrawal shall deliver to the secretary an amount of money
equal to the amount described in subsection (3) of this section.
The moneys shall be delivered on the same date that the candidate
files a statement of withdrawal.
(3) A candidate described in subsection (1) or (2) of this
section shall deliver an amount equal to the lesser of the
unexpended balance of contributions or the amount received by the
candidate as payments from the Patriot Dollars Fund.
(4) If the secretary determines that a candidate who withdraws
as a candidate for nomination or election received payments from
the Patriot Dollars Fund without intending to be a serious
candidate, the secretary may order the candidate to deliver to
the secretary an amount of money equal to all payments made to
the candidate from the fund. The moneys shall be delivered not
later than five business days after the secretary issues an order
under this subsection.
(5) A candidate against whom a civil penalty has been imposed
under ORS 260.995 for violation of section 6 (3) of this 2011 Act
is not eligible to receive payments from the Patriot Dollars Fund
during the calendar year in which the penalty is imposed. At the
time the civil penalty is imposed, the candidate shall deliver to
the secretary an amount of money equal to all payments
distributed to the candidate from the Patriot Dollars Fund during
the calendar year.
(6) The secretary shall deposit moneys received under this
section in the Patriot Dollars Fund. + }
SECTION 12. ORS 260.054 is amended to read:
260.054. (1) Each political committee shall establish a single
exclusive campaign account and each petition committee organized
under ORS 260.118 shall establish a single exclusive petition
account in a financial institution, as defined in ORS 706.008.
The financial institution must be located in this state and must
ordinarily conduct business with the general public in this
state.
(2) A political committee shall maintain the campaign account
in the name of the political committee. A petition committee
shall maintain the petition account in the name of the petition
committee.
(3) Except as provided in subsection (4) of this section:
(a) All expenditures made by the political committee shall be
drawn from the campaign account and:
(A) Issued on a check signed by the candidate on whose behalf
the account is established, by the treasurer of the political
committee or by an individual designated by the candidate or
treasurer; or
(B) Paid using a debit card or other form of electronic
transaction.
(b) All expenditures made by the petition committee shall be
drawn from the petition account and:
(A) Issued on a check signed by the chief petitioner or
treasurer of the petition committee or by an individual
designated by the chief petitioner or treasurer; or
(B) Paid using a debit card or other form of electronic
transaction.
(4) Subsection (3) of this section does not prohibit a person
from making a cash or other expenditure on behalf of the
political committee or petition committee and receiving
reimbursement from the campaign or petition account.
(5)(a) Not later than seven calendar days after the date the
contribution is received:
(A) A contribution received by a candidate or the treasurer of
a political committee, directly or indirectly, shall be deposited
into the campaign account.
(B) A contribution received by a chief petitioner or treasurer
of a petition committee, directly or indirectly, shall be
deposited into the petition account.
{ + (b) Any payment received by a candidate from the Patriot
Dollars Fund under section 3 of this 2011 Act shall be deposited
into the campaign account not later than seven calendar days
after the date the payment is received. + }
{ - (b) - } { + (c) + } This subsection does not apply to
in-kind contributions received by a candidate, political
committee or petition committee.
{ + (6) A candidate who accepts a contribution of any amount
of Patriot Dollars may withdraw from the campaign account an
amount not exceeding $500 to establish or replenish a petty cash
fund. The total amount in the petty cash fund may not exceed
$500. The petty cash fund may not be used to make contributions.
An expenditure from the petty cash fund:
(a) May not be made in an amount exceeding $100;
(b) May be made only for office supplies, transportation
expenses and other necessities; and
(c) May not be used for the purchase of time, space or services
from the media. + }
{ - (6) - } { + (7) + } This section does not prohibit the
transfer of any amount deposited in a campaign or petition
account into a certificate of deposit, stock fund or other
investment instrument.
{ - (7) - } { + (8) + } A campaign or petition account may
not include any private moneys, other than contributions received
by the political committee or petition committee.
{ - (8) - } { + (9) + } A political committee or petition
committee shall retain a copy of each financial institution
account statement from the campaign or petition account described
in this section for not less than two years after the date the
statement is issued by the financial institution.
{ - (9) - } { + (10) + } This section does not apply to
candidates described in ORS 260.043.
{ - (10) - } { + (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.
SECTION 13. ORS 260.995, as amended by section 10, chapter 9,
Oregon Laws 2010, and section 2, chapter 35, Oregon Laws 2010, is
amended to read:
260.995. (1) Except as provided in { - subsection (2) - }
{ + subsections (2) and (3) + } of this section, following an
investigation under ORS 260.345, the Secretary of State or
Attorney General may impose a civil penalty not to exceed $250
for each violation of any provision of Oregon Revised Statutes
relating to the conduct of any election, any rule adopted by the
secretary under ORS chapters 246 to 260 or any other matter
preliminary to or relating to an election, for which a civil
penalty is not otherwise provided.
(2) The secretary or the Attorney General may impose a civil
penalty not to exceed:
(a) $1,000 for each violation of ORS 251.049 (3) or 251.405
(3);
(b) $1,000 plus the amount converted to personal use for each
violation of ORS 260.407; or
(c) $10,000 for each violation of ORS 260.555, 260.558,
260.575, 260.695 (1) or 260.715 (1) or section 1b, Article IV of
the Oregon Constitution.
{ + (3) The secretary or Attorney General may impose a civil
penalty not to exceed $___ for any violation of section 4, 5 or 6
(1) of this 2011 Act. For a violation of section 6 (3) of this
2011 Act, the secretary or Attorney General may impose a civil
penalty not to exceed the greater of $___ or the amount of any
contribution received or made in violation of section 6 (3) of
this 2011 Act. + }
{ - (3) - } { + (4) + } Except as otherwise provided by
this section, civil penalties under this section shall be imposed
as provided in ORS 183.745. In addition to the requirements of
ORS 183.745, the notice shall include:
(a) A statement of the authority and jurisdiction under which
the hearing is to be held; and
(b) If the person is an agency, corporation or an
unincorporated association, a statement that such person must be
represented by an attorney licensed in Oregon, unless the person
is a political committee which may be represented by any officer
identified in the most recent statement of organization filed
with the filing officer.
{ - (4) - } { + (5) + } A hearing on whether to impose a
civil penalty and to consider circumstances in mitigation shall
be held by the secretary or Attorney General:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the date the person received notice sent under subsection
{ - (3) - } { + (4) + } of this section; or
(b) Upon the secretary's or Attorney General's own motion.
{ - (5) - } { + (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 or other
evidence, sworn to before a notary public, to the secretary or
Attorney General for entry in the hearing record. The testimony
or other evidence must be received by the secretary or Attorney
General not later than three business days before the day of the
hearing.
{ - (6) - } { + (7) + } All hearings under this section
shall be held not later than 45 days after the deadline for the
person against whom the penalty may be assessed to request a
hearing. However, if requested by the person against whom the
penalty may be assessed, a hearing under subsection { - (4) - }
{ + (5) + } of this section shall be held not later than 60
days after the deadline for the person against whom the penalty
may be assessed to request a hearing.
{ - (7) - } { + (8) + } The secretary or Attorney General
shall issue an order not later than 90 days after a hearing or
after the deadline for requesting a hearing if no hearing is
held.
{ - (8) - } { + (9) Except as provided in subsection (11)
of this section, + } all penalties recovered under this section
shall be paid into the State Treasury and credited to the General
Fund.
{ - (9) - } { + (10) + } In the case of a civil penalty
imposed under this section for a violation of ORS 260.407, the
person against whom the penalty is assessed:
(a) Is personally responsible for the payment of the civil
penalty;
(b) Shall pay the civil penalty from personal funds of the
person; and
(c) May not pay the civil penalty from contributions received
by a candidate, a candidate's principal campaign committee, a
political committee or a petition committee.
{ + (11) A penalty recovered under subsection (3) of this
section shall be deposited in the Patriot Dollars Fund
established under section 8 of this 2011 Act. + }
SECTION 14. ORS 260.715 is amended to read:
260.715. (1) A person may not knowingly make a false statement,
oath or affidavit when a statement, oath or affidavit is required
under the election laws.
(2) A person may not request a ballot in a name other than the
person's own name.
(3) A person may not vote or attempt to vote more than once at
any election held on the same date.
(4) A person may not vote or attempt to vote both in an
election held in this state and in another state on the same
date.
(5) A person, except an elections official in performance of
duties, may not willfully alter or destroy a ballot cast at an
election or the returns of an election.
(6) A person may not willfully place a fraudulent ballot among
the genuine ballots.
(7) A person may not falsely write anything purporting to be
written by an elections official in performance of duties on the
ballot.
(8) A person may not commit theft of a ballot or tally or
return sheet, or willfully hinder or delay the delivery of the
tally or return sheet to the county clerk, or fraudulently break
open a sealed tally or return sheet of the election.
(9) A person may not manufacture or knowingly use a fraudulent
ballot return identification envelope or secrecy envelope or
sell, offer to sell, purchase or offer to purchase, for money or
other valuable consideration, any official ballot, replacement
ballot, ballot return identification envelope or secrecy
envelope. As used in this subsection, 'ballot return
identification envelope' and 'secrecy envelope' mean those
envelopes used to return ballots to the county clerk.
{ + (10) A person may not sell, offer to sell, purchase or
offer to purchase, for money or other valuable consideration, any
Patriot Dollars. + }
SECTION 15. 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.
{ + (c) For purposes of sections 2 to 11 of this 2011 Act,
candidate does not include a candidate for national public
office. + }
(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, { + Patriot Dollars, + } 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) 'Patriot Dollars' means vouchers in $1 increments
that under sections 2 to 11 of this 2011 Act:
(a) Are mailed or otherwise delivered by the Secretary of State
to electors;
(b) May be contributed by electors to candidates for elective
public office; and
(c) May be submitted by candidates to the secretary for payment
as described in section 3 of this 2011 Act. + }
{ - (16) - } { + (17) + } '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) - } { + (18) + } 'Petition committee' means an
initiative, referendum or recall petition committee organized
under ORS 260.118.
{ - (18) - } { + (19) + } '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) - } { + (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.
SECTION 16. ORS 260.041 is amended to read:
260.041. (1) Notwithstanding ORS 260.005 { - (18) - } { +
(19) + } 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.
SECTION 17. 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 $100 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 $100 in a calendar
year. The accounting period for the statement required by
subsection (1) of this section begins on the date that an
independent expenditure is made. The statement shall specify the
candidate or measure supported or opposed by the independent
expenditure. The secretary by rule shall prescribe the form of
the statement.
(3) Notwithstanding ORS 260.005 { - (18) - } { + (19) + },
a person who solicits and receives a contribution or
contributions is a political committee and shall file a statement
of organization under ORS 260.042 and the statements required by
ORS 260.057 or 260.076.
(4) For purposes of this section:
(a) An independent expenditure does not include a contribution
to a candidate or political committee that is required to report
the contribution on a statement filed under ORS 260.057, 260.076
or 260.102 or a certificate filed under ORS 260.112;
(b) An independent expenditure does not include a contribution
to a candidate who is not required to file a statement of
organization under ORS 260.043; and
(c) A person is not a political committee under subsection (3)
of this section if all contributions received by the person are:
(A) Designated to an identified candidate or political
committee;
(B) Delivered by the person to the designated candidate or
political committee not later than seven business days after the
contribution is received; and
(C) Required to be reported as contributions by a candidate or
political committee on a statement filed under ORS 260.057,
260.076 or 260.102 or a certificate filed under ORS 260.112.
SECTION 18. 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 19. Section 34, chapter 913, Oregon Laws 2009, is
amended to read:
{ + Sec. 34. + } A credit may not be claimed under ORS
316.102 for tax years beginning on or after January 1,
{ - 2014 - } { + 2012 + }.
SECTION 20. { + ORS 305.759 and 316.102 are repealed on
January 1, 2012. + }
SECTION 21. { + Nothing in the repeal of ORS 316.102 by
section 20 of this 2011 Act affects the allowance of a tax credit
under ORS 316.102 for a tax year beginning before January 1,
2012. + }
SECTION 22. { + Sections 2 to 11 of this 2011 Act and the
amendments to ORS 260.005, 260.041, 260.044, 260.054, 260.715,
260.737 and 260.995 and section 34, chapter 913, Oregon Laws
2009, by sections 12 to 19 of this 2011 Act become operative on
January 1, 2012. + }
SECTION 23. { + The Secretary of State may take any action
before January 1, 2012, that is necessary to enable the secretary
to exercise, on and after January 1, 2012, all the duties,
functions and powers conferred upon the secretary by sections 2
to 11 of this 2011 Act and the amendments to ORS 260.005,
260.041, 260.044, 260.054, 260.715, 260.737 and 260.995 and
section 34, chapter 913, Oregon Laws 2009, by sections 12 to 19
of this 2011 Act. + }
SECTION 24. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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