77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 145
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Secretary of State Kate
Brown)
CHAPTER ................
AN ACT
Relating to campaign finance; creating new provisions; amending
ORS 260.005, 260.037, 260.044, 260.055, 260.057, 260.076,
260.112, 260.205, 260.215, 260.225, 260.232, 260.255, 260.315
and 260.407; and repealing ORS 260.045 and 260.102.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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:
Enrolled Senate Bill 145 (SB 145-B) Page 1
(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
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(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
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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 { - , - } { + or + } 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.
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(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 2. ORS 260.037 is amended to read:
260.037. { - (1) A candidate may serve as the candidate's own
treasurer or may appoint and certify to the filing officer the
name and address of a treasurer. - }
{ - (2) A candidate's treasurer shall perform all the duties
prescribed for the candidate under ORS 260.005 and 260.035 to
260.156. - }
{ - (3) - } The candidate { - , in addition to the
treasurer, - } is personally responsible for the performance of
the duties referred to in { - subsection (2) of this
section - } { + ORS 260.035 (2) + }. Any default or violation
by the treasurer shall be conclusively considered a default or
violation by the candidate. Any default or violation by the
{ - person - } { + individual + } designated by the candidate
or treasurer under ORS 260.039, 260.042 or 260.057 is
conclusively considered a default or violation by the candidate
{ - or treasurer - } .
SECTION 3. 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.
(3) Notwithstanding ORS 260.005 (18), a person who solicits and
receives a contribution or contributions is a political committee
and shall file a statement of organization under ORS 260.042 and
the statements required by ORS 260.057 or 260.076.
(4) For purposes of this section:
(a) An independent expenditure does not include a contribution
to a candidate or political committee that is required to report
the contribution on a statement filed under ORS 260.057
{ - , - } { + or + } 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
{ - , - } { + or + } 260.076 { - or 260.102 - } or a
certificate filed under ORS 260.112.
SECTION 4. ORS 260.055 is amended to read:
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260.055. (1) Each candidate, other than a candidate for
political party office, the treasurer of each political committee
and the treasurer of each petition committee shall keep detailed
accounts. The accounts shall be current as of not later than the
seventh calendar day after the date of receiving a contribution
or making an expenditure with respect to all contributions
received and all expenditures made by or on behalf of the
candidate or committee that are required to be reported under ORS
260.057, 260.076 or 260.078. Subject to ORS 260.085, the accounts
shall list all information required to be reported under ORS
260.083.
(2) Accounts kept by a candidate or the treasurer of a
political committee may be inspected under reasonable
circumstances at any time before the election to which the
accounts refer or during the period specified for retention of
the accounts under subsection (3) of this section by any opposing
candidate or the treasurer of any political committee for the
same electoral contest. The right of inspection may be enforced
by writ of mandamus issued by any court of competent
jurisdiction. The treasurers of political committees supporting a
candidate may be joined with the candidate as defendants in a
mandamus proceeding.
(3) Accounts kept by a candidate or treasurer shall be
preserved by the candidate or treasurer for at least two years
after the date the statement of the contribution or expenditure
is filed under ORS 260.057.
{ - (4)(a) If a candidate, political committee or petition
committee intends to discontinue the statement of organization of
the candidate or committee and close accounts, the candidate or
committee shall file with the Secretary of State a notice of
intent. Upon receipt of the notice, the secretary shall examine
each statement filed by the candidate or committee under ORS
260.044, 260.057, 260.083, 260.102, 260.112 or 260.118 to
determine whether the statement is sufficient. - }
{ - (b) Not later than 90 days after receipt of the notice of
intent, the secretary shall notify the candidate, political
committee or petition committee that the statements are
sufficient or that a statement is insufficient or otherwise may
violate a law or rule. The notice shall include a description of
the provisions of ORS 260.407. - }
{ - (c) If, after a candidate, political committee or
petition committee files a notice of intent to discontinue the
statement of organization of the candidate or committee and close
accounts, the candidate or committee files an additional
statement under ORS 260.044, 260.057, 260.083, 260.102, 260.112
or 260.118, the secretary has 90 days following the date the
additional statement is filed to examine the statement and send a
notification described in paragraph (b) of this subsection. - }
{ - (d) When a candidate, political committee or petition
committee files the last statement under ORS 260.057, the
secretary shall conduct a final review. If the secretary
determines that all statements filed are sufficient, the
secretary shall notify the candidate, political committee or
petition committee. Upon receipt of the notice, the candidate or
committee may discontinue the statement of organization of the
candidate, political committee or petition committee and close
accounts. - }
SECTION 5. 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:
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(a) All candidates and political committees to file with the
secretary statements of contributions received and expenditures
made by the candidates and political committees, as described in
ORS 260.083.
(b) Treasurers of a petition committee organized under ORS
260.118 to file with the secretary statements of contributions
received and expenditures made by the treasurers { - and - }
{ + or + } chief petitioners as described in ORS 260.083.
(2)(a) A candidate for nomination or election at any primary or
general election or a political committee supporting or opposing
a candidate or measure at any primary or general election shall
file a statement described in subsection (1) of this section not
later than seven calendar days after a contribution is received
or an expenditure is made. This paragraph applies to
contributions received and expenditures made during the period
beginning on the 42nd calendar day before the date of any primary
election and ending on the date of the primary election and the
period beginning on the 42nd calendar day before the date of any
general election and ending on the date of the general election.
(b) For any special election, the secretary by rule may
establish a period during which a candidate for nomination or
election at the special election or a political committee
supporting or opposing a candidate or measure at the special
election must file a statement described in subsection (1) of
this section not later than seven calendar days after a
contribution is received or an expenditure is made.
(3) Except as provided in subsection (4) of this section,
during a period not described in subsection (2) of this section,
a candidate or political committee shall file a statement
described in subsection (1) of this section not later than 30
calendar days after a contribution is received or an expenditure
is made.
(4)(a) If a candidate for nomination or election at any primary
election or a political committee supporting or opposing a
candidate or measure at any primary election receives a
contribution or makes an expenditure prior to the 42nd calendar
day before the date of the primary election and the candidate or
political committee has not filed a statement of the contribution
or expenditure under subsection (3) of this section by the 43rd
calendar day before the date of the primary election, the
candidate or political committee shall file a statement described
in subsection (1) of this section not later than the 35th
calendar day before the date of the primary election.
(b) If a candidate for nomination or election at any general
election or a political committee supporting or opposing a
candidate or measure at any general election receives a
contribution or makes an expenditure prior to the 42nd calendar
day before the date of the general election and the candidate or
political committee has not filed a statement of the contribution
or expenditure under subsection (3) of this section by the 43rd
calendar day before the date of the general election, the
candidate or political committee shall file a statement described
in subsection (1) of this section not later than the 35th
calendar day before the date of the general election.
(5) The electronic filing system shall be provided free of
charge by the secretary and:
(a) Accept electronic files that conform to the format
prescribed by the secretary by rule; or
(b) Be compatible with any other electronic filing application
provided or approved by the secretary.
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(6)(a) Except as provided in paragraph (b) of this subsection,
the secretary shall make all data filed electronically under this
section and ORS 260.118 and all information filed with the
secretary under ORS { - 260.045, - } 260.049 { - , - }
{ + or + } 260.085 { - or 260.102 - } available on the
Internet to the public free of charge according to a schedule
adopted by the secretary by rule. The secretary shall make the
data available in a searchable database that is easily accessible
by the public. When the secretary makes data or information
available on the Internet under this subsection, the secretary
shall display any contribution received from a person or
political committee with an out-of-state address in a different
colored font than a contribution received from a person or
political committee with an in-state address.
(b) The secretary may not make data that are filed
electronically under this section or ORS 260.118 available to the
public under this section, unless the data are required to be
listed under ORS 260.083. The secretary may not disclose under
ORS 192.410 to 192.505 any data that are filed electronically
under this section or ORS 260.118, unless the data are required
to be listed under ORS 260.083.
(7)(a) Except as provided in paragraph (b) of this subsection,
each statement required by this section shall be signed and
certified as true by the candidate or treasurer required to file
it. Signatures shall be supplied in the manner specified by the
secretary by rule.
(b) A candidate or treasurer may designate an individual to
sign and certify as true a statement required by this section.
The designation must be filed in writing with the secretary and
must be renewed for each two-year period beginning January 1 of
an even-numbered year.
(8) This section does not apply to:
(a) Candidates for federal office;
(b) Candidates who are not required to file a statement of
organization under ORS 260.043; or
(c) Candidates, political committees or petition committees
that file certificates under ORS 260.112.
SECTION 6. ORS 260.076 is amended to read:
260.076. (1) A legislative official, statewide official or
candidate therefor, or the official's or candidate's principal
campaign committee, shall file statements showing contributions
received by or on behalf of the official, candidate or committee
during the period beginning January 1 and ending upon adjournment
of the regular session of the Legislative Assembly, or during any
special session of the Legislative Assembly.
(2) The Governor, Governor-elect or a candidate for Governor,
or the principal campaign committee of the Governor,
Governor-elect or candidate, shall file statements showing
contributions received by or on behalf of the Governor,
Governor-elect, candidate or committee during the period
beginning January 1 and ending 30 business days following
adjournment of the regular session of the Legislative Assembly,
or during any special session of the Legislative Assembly.
(3) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official or the Governor,
Governor-elect or candidate for Governor shall file statements
showing contributions received by the person or committee on
behalf of a legislative official, statewide official or candidate
therefor, during the period beginning January 1 and ending upon
Enrolled Senate Bill 145 (SB 145-B) Page 8
adjournment of the regular session of the Legislative Assembly,
or during any special session of the Legislative Assembly.
(4) A person or political committee affiliated with a political
party, caucus of either house of the Legislative Assembly,
legislative official, statewide official or the Governor,
Governor-elect or candidate for Governor shall file statements
showing contributions received by the person or committee on
behalf of the Governor, Governor-elect or candidate for Governor,
during the period beginning January 1 and ending 30 business days
following adjournment of the regular session of the Legislative
Assembly, or during any special session of the Legislative
Assembly.
(5) A statement described in subsections (1) to (4) of this
section shall be filed with the Secretary of State on a form
prescribed by the secretary. For contributions received during
the period beginning on January 1 and ending on the first day of
the regular session, a statement shall be filed not later than
two business days after the first day of the regular session. For
contributions received on or after the first day of the regular
session, a statement shall be filed not later than two business
days after the date a contribution is received. For contributions
received during any special session of the Legislative Assembly,
a statement shall be filed not later than two business days after
the date a contribution is received.
{ - (6) If a statement has been filed under subsections (1)
to (4) of this section, the next statement filed by the Governor,
Governor-elect, official, candidate, principal campaign committee
or other political committee under ORS 260.057 shall include the
contributions reported in statements filed under this
section. - }
{ - (7) This section applies notwithstanding the filing of a
certificate under ORS 260.112. - }
{ - (8) - } { + (6) + } As used in this section:
(a) 'Legislative official' means any member or member-elect of
the Legislative Assembly.
(b) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Attorney General or Attorney General-elect and
the Commissioner of the Bureau of Labor and Industries or the
Commissioner-elect of the Bureau of Labor and Industries.
SECTION 7. ORS 260.112 is amended to read:
260.112. (1)(a) A candidate or a treasurer of a political
committee who expects neither the aggregate contributions to be
received nor the aggregate expenditures to be made by or on
behalf of the candidate or political committee to exceed
{ - $3,000 - } { + $3,500 + } in total amount during the
calendar year shall file a certificate to that effect with the
Secretary of State. The candidate or treasurer shall make the
certificate according to the best of the knowledge or belief of
the candidate or treasurer. A candidate or treasurer filing a
certificate under this section is not required to file statements
under ORS 260.057.
(b) A treasurer of a petition committee organized under ORS
260.118 who expects neither the aggregate contributions to be
received nor the aggregate expenditures to be made by a chief
petitioner or the treasurer to exceed { - $3,000 - } { +
$3,500 + } in total amount during the calendar year shall file a
certificate to that effect with the Secretary of State. The
treasurer shall make the certificate according to the best of the
knowledge or belief of the treasurer. A treasurer filing a
Enrolled Senate Bill 145 (SB 145-B) Page 9
certificate under this section is not required to file statements
under ORS 260.118.
(2) A certificate described in subsection (1) of this section
shall be filed:
(a) By a candidate, not sooner than the date { - on which - }
{ + that + } the candidate { - files a declaration of
candidacy or nominating petition, accepts a nomination or is
nominated to fill a vacancy in a nomination or in a partisan
elective office, - } { + files a statement of organization
under ORS 260.039, + } and not later than seven calendar days
after the candidate receives a contribution or makes an
expenditure.
(b) By a treasurer of a political committee, not sooner than
the date that the political committee files a statement of
organization under ORS 260.042, and not later than seven calendar
days after the political committee receives a contribution or
makes an expenditure.
(c) By a treasurer of a petition committee, not sooner than the
date that { - a chief petitioner or the treasurer - } { + the
petition committee + } files a statement of organization under
ORS 260.118, and not later than seven calendar days after { - a
chief petitioner or the treasurer - } { + the petition
committee + } receives a contribution or makes an expenditure.
(3) A candidate, political committee or petition committee
under this section must keep contribution and expenditure records
during the calendar year.
(4) If at any time following the filing of a certificate under
this section and during the calendar year either the aggregate
contributions or aggregate expenditures exceed { - $3,000 - }
{ + $3,500 + }, the candidate or treasurer shall do all of the
following:
(a) File a statement under ORS 260.057 or 260.118 within seven
calendar days after either the aggregate contributions or
aggregate expenditures exceed { - $3,000 - } { + $3,500 + }.
The statement must reflect all contributions received and
expenditures made by or on behalf of the candidate, political
committee or petition committee to that date, beginning January 1
of the calendar year.
(b) If necessary, file additional statements under ORS 260.057
or 260.118.
(5) This section does not apply to a candidate for federal
office.
(6) As used in this section, 'contribution' and ' expenditure'
include a contribution or expenditure to or on behalf of an
initiative, referendum or recall petition. { + + }
SECTION 8. ORS 260.205 is amended to read:
260.205. (1) A filing officer shall inspect each statement
filed under ORS 260.057, 260.083, { - 260.102, - } 260.112 or
260.118 not later than the 10th business day after the filing
deadline or the 10th business day after the statement is filed,
whichever is later.
(2) A filing officer immediately shall notify a person required
to file a statement with the filing officer under ORS 260.057,
260.083, { - 260.102, - } 260.112 or 260.118 if:
(a) Upon examination of relevant materials, it appears to the
filing officer that the person has failed to file a required
statement or that a statement filed with the filing officer by
the person is insufficient; or
(b) A complaint is filed with the filing officer under
subsection (3) of this section.
Enrolled Senate Bill 145 (SB 145-B) Page 10
(3) An elector may file with a filing officer a complaint that
a statement filed with the filing officer is insufficient or that
a person has failed to file a required statement. The complaint
shall be in writing, shall state in detail the reasons for
complaint and shall be filed with the filing officer not later
than the 90th day after the date the statement of which it
complains is filed or should have been filed.
(4) If upon receiving notification under subsection (2) of this
section a person responds by filing a statement or submitting
information to correct an insufficient statement, the filing
officer shall confirm whether the person's response is sufficient
not later than 90 days after receiving the response. If, within
90 days, the filing officer does not confirm whether a response
is sufficient under this subsection, the person is not subject to
civil penalty under ORS 260.232 for failure to file or failure to
include the required information in the statement.
SECTION 9. ORS 260.215 is amended to read:
260.215. (1) For statements filed during each calendar year,
each filing officer shall examine each statement filed with the
filing officer under ORS 260.044, 260.057, 260.083,
{ - 260.102, - } 260.112 or 260.118 (4) to determine whether the
statement is sufficient. The filing officer shall examine
statements under this section not later than 90 days after the
end of each calendar quarter for statements filed during the
previous calendar quarter.
(2) The filing officer may require any person to answer in
writing and upon oath or affirmation before a judge, justice of
the peace, county clerk or notary public any question within the
knowledge of that person concerning the source of any
contribution. The filing officer shall advise the person of the
penalty for failure to answer.
{ - (3)(a) For statements filed during each calendar year, in
addition to the requirements of this section and ORS 260.205, the
Secretary of State shall review statements filed with the
secretary under ORS 260.057 by a candidate, political committee
or petition committee. For each review, the secretary shall
require a candidate, treasurer of a political committee or
treasurer of a petition committee to provide documentation of not
more than 10 transactions. - }
{ - (b) The secretary by rule shall designate a method by
which the statements filed by a candidate or committee shall be
randomly selected for review under this subsection. The secretary
shall review statements under this subsection twice in a calendar
year. - }
SECTION 10. ORS 260.225 is amended to read:
260.225. (1) Upon the petition of the Secretary of State or an
elector, or of any other filing officer with whom a statement is
required to be filed, the circuit court for the county in which
the principal office of the filing officer is located may compel
a candidate, treasurer or person who fails to file a statement
required to be filed with the filing officer under ORS 260.044,
260.057, 260.076, 260.083, { - 260.102, - } 260.112 or
260.118, or who files with the filing officer an insufficient
statement, to file with the filing officer a proper statement.
The petition shall be filed with the circuit court not later than
the 90th day after the date the statement is filed or should have
been filed.
(2) If the court determines that a petition filed under this
section is frivolous or the court does not compel the filing of
any statement, the candidate, treasurer or person against whom
Enrolled Senate Bill 145 (SB 145-B) Page 11
the petition was filed is entitled to recover reasonable attorney
fees at trial and on appeal.
SECTION 11. 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 260.057,
260.076, 260.078, 260.083, { - 260.102, - } 260.112 or 260.118
the information required under ORS 260.057, 260.076, 260.083
{ - , 260.102 - } or 260.118.
(2)(a) If a person required to file has not filed a statement
or certificate complying with applicable provisions of ORS
260.044, 260.057, 260.076, 260.078, 260.083, 260.085,
{ - 260.102, - } 260.112 or 260.118 within the time specified in
ORS 260.044, 260.057, 260.076, 260.078 or 260.118, the Secretary
of State by first class mail shall notify the person that a
penalty may be imposed and that the person has 20 days from the
service date on the notice to request a hearing before the
Secretary of State.
(b) If the person required to file is a candidate or the
principal campaign committee of a candidate, the Secretary of
State shall send the notice described in paragraph (a) of this
subsection by first class mail to the candidate { - and to the
candidate's treasurer or the treasurer of the candidate's
principal campaign committee - } . The notice { - sent to the
candidate - } shall be used for purposes of determining the
deadline for requesting a hearing under subsection (3) of this
section. { - The Secretary of State is not required to send two
notices if the candidate serves as the treasurer of the
candidate's principal campaign committee. - }
(3) A hearing on whether to impose a civil penalty and to
consider circumstances in mitigation shall be held by the
Secretary of State:
(a) Upon request of the person against whom the penalty may be
assessed, if the request is made not later than the 20th day
after the person received the notice sent under subsection (2) of
this section;
(b) Upon request of the filing officer with whom a statement or
certificate was required to be filed but was not filed; or
(c) Upon the Secretary of State's own motion.
(4) A hearing under subsection (3) of this section shall be
held not later than 45 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
However, if requested by the person against whom the penalty may
be assessed, a hearing under subsection (3) of this section shall
be held not later than 60 days after the deadline for the person
against whom the penalty may be assessed to request a hearing.
(5) The Secretary of State shall issue an order not later than
90 days after a hearing or after the deadline for requesting a
hearing if no hearing is held.
(6) The person against whom a penalty may be assessed need not
appear in person at a hearing held under this section, but
instead may submit written testimony and other evidence, subject
to the penalty for false swearing, to the Secretary of State for
entry in the hearing record. The testimony and other evidence
must be received by the secretary not later than three business
Enrolled Senate Bill 145 (SB 145-B) Page 12
days before the day of the hearing and may be submitted
electronically.
(7) A civil penalty imposed under this section may not be more
than the following:
(a) For failure to file a statement or certificate required to
be filed under ORS 260.044, 260.057, 260.076, 260.078, 260.083,
{ - 260.102, - } 260.112 or 260.118, 10 percent of the total
amount of the contribution or expenditure required to be included
in the statement or certificate; or
(b) For each failure to include in a statement filed under ORS
260.057, 260.076, 260.078, 260.083, { - 260.102, - } 260.112
or 260.118 the information required under ORS 260.057, 260.076,
260.083 { - , 260.102 - } or 260.118, 10 percent of the total
amount of the contribution or expenditure required to be included
in the statement.
(8) The Secretary of State, upon a showing of mitigating
circumstances, may reduce the amount of the penalty described in
subsection (7) of this section.
(9) Except as otherwise provided by this section, civil
penalties under this section shall be imposed as provided in ORS
183.745.
SECTION 12. ORS 260.255 is amended to read:
260.255. (1) Except as provided in subsection (2) of this
section, a filing officer shall preserve each statement filed
with the officer under ORS 260.057, 260.076, 260.083,
{ - 260.102, - } 260.112 or 260.118, or an accurate copy of it,
for at least six calendar years.
(2) The Secretary of State shall maintain all data filed
electronically under ORS 260.057 on the Internet for at least six
calendar years after the date the secretary first makes the data
available. After six calendar years, if the data are not
maintained on the Internet, the secretary shall retain and
dispose of the data in a manner prescribed by the State
Archivist. The State Archivist shall consider the value of the
data for legal, administrative or research purposes and shall
establish rules for procedures for the retention and disposition
of data described in this section.
SECTION 13. ORS 260.315 is amended to read:
260.315. (1) The Secretary of State, at the expense of the
state, shall furnish to the other filing officers copies of this
chapter.
(2) A filing officer shall deliver a copy of this chapter to
each candidate or person whom the officer has reason to believe
is required to file a statement with the officer under ORS
260.057, 260.076, 260.083, { - 260.102, - } 260.112 or
260.118.
SECTION 14. ORS 260.407 is amended to read:
260.407. (1)(a) Except as provided in paragraph (b) of this
subsection, amounts received as contributions by a candidate or
the principal campaign committee of a candidate for public office
that are in excess of any amount necessary to defray expenditures
and any other funds donated to a holder of public office may be:
(A) Used to defray any expenses incurred in connection with the
recipient's duties as a holder of public office;
(B) Transferred to any national, state or local political
committee of any political party;
(C) Contributed to any organization described in section 170(c)
of the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
Enrolled Senate Bill 145 (SB 145-B) Page 13
(b) Amounts received as contributions by a candidate or the
principal campaign committee of a candidate for public office
that are in excess of any amount necessary to defray expenditures
and other funds donated to a holder of public office may not be:
(A) Converted by any person to any personal use other than to
defray any expenses incurred in connection with the person's
duties as a holder of public office or to repay to a candidate
any loan the proceeds of which were used in connection with the
candidate's campaign;
(B) Except as provided in this subparagraph, used to pay any
money award as defined in ORS 18.005 included as part of a
judgment in a civil or criminal action or any civil penalty
imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in
this paragraph may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by the candidate or public official in
any civil, criminal or other legal proceeding or investigation
that relates to or arises from the course and scope of the duties
of the person as a candidate or public official. Contributions
described in this paragraph may be used to pay legal expenses
incurred by the candidate or public official in connection with a
legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.
(2)(a) Except as provided in paragraph (b) of this subsection,
amounts received as contributions by a political committee that
is not a principal campaign committee that are in excess of any
amount necessary to defray expenditures may be:
(A) Used to repay to the political committee any loan the
proceeds of which were used in connection with the campaign;
(B) Transferred to any national, state or local political
committee of any political party;
(C) Contributed to any organization described in section 170(c)
of the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
(b) Amounts received as contributions by the political
committee may not be:
(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, used to pay any
money award as defined in ORS 18.005 included as part of a
judgment in a civil or criminal action or any civil penalty
imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in
this subsection may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by a treasurer or director of a political
committee in any civil, criminal or other legal proceeding or
investigation that relates to or arises from the course and scope
of the duties of the person as a treasurer or director.
Contributions described in this subsection may be used to pay
legal expenses incurred by a treasurer or director in connection
with a legal proceeding brought under this chapter, other than a
proceeding brought under this section or ORS 260.409.
(3)(a) Except as provided in paragraph (b) of this subsection,
amounts received as contributions by a chief petitioner or
Enrolled Senate Bill 145 (SB 145-B) Page 14
treasurer of a petition committee { - organized under ORS
260.118 - } that are in excess of any amount necessary to defray
expenditures may be:
(A) Used to repay to the chief petitioner any loan the proceeds
of which were used in connection with the initiative, referendum
or recall petition;
(B) Transferred to any national, state or local political
committee of any political party;
(C) Contributed to any organization described in section 170(c)
of the Internal Revenue Code or to any charitable corporation as
defined in ORS 128.620; or
(D) Used for any other lawful purpose.
(b) Amounts received as contributions by a chief petitioner or
treasurer of a petition committee may not be:
(A) Converted by any person to any personal use;
(B) Except as provided in this subparagraph, used to pay any
money award as defined in ORS 18.005 included as part of a
judgment in a civil or criminal action or any civil penalty
imposed by an agency as defined in ORS 183.310 or by a local
government as defined in ORS 174.116. Contributions described in
this subsection may be used to pay a civil penalty imposed under
this chapter, other than a civil penalty imposed for a violation
of this section or ORS 260.409; or
(C) Except as provided in this subparagraph, used to pay any
legal expenses incurred by a chief petitioner or { + the + }
treasurer { + of a petition committee + } in any civil, criminal
or other legal proceeding or investigation that relates to or
arises from the course and scope of the duties of the person as a
chief petitioner or treasurer. Contributions described in this
subsection may be used to pay legal expenses incurred by a chief
petitioner or treasurer in connection with a legal proceeding
brought under this chapter, other than a proceeding brought under
this section or ORS 260.409.
(4) As used in this section:
(a) 'Contribution' and 'expenditure' include a contribution or
expenditure to or on behalf of an initiative, referendum or
recall petition.
(b) 'Funds donated' means all funds, including but not limited
to gifts, loans, advances, credits or deposits of money that are
donated for the purpose of supporting the activities of a holder
of public office. 'Funds donated' does not mean funds
appropriated by the Legislative Assembly or another similar
public appropriating body or personal funds of the office holder
donated to an account containing only those personal funds.
(c) 'Public office' does not include national or political
party office.
SECTION 15. { + ORS 260.045 and 260.102 are repealed. + }
SECTION 16. { + (1) The amendments to ORS 260.037 by section 2
of this 2013 Act apply to defaults or violations by a treasurer
occurring before, on or after the effective date of this 2013
Act.
(2) The amendments to ORS 260.112 by section 7 of this 2013 Act
apply to contributions received or expenditures made on or after
the effective date of this 2013 Act.
(3) The amendments to ORS 260.232 by section 11 of this 2013
Act apply to notices sent on or after the effective date of this
2013 Act. + }
----------
Enrolled Senate Bill 145 (SB 145-B) Page 15
Passed by Senate May 22, 2013
Repassed by Senate July 2, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 28, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 145 (SB 145-B) Page 16
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 Senate Bill 145 (SB 145-B) Page 17