Bill Text: OR SB156 | 2013 | Regular Session | Introduced
Bill Title: Relating to campaign finance reporting; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB156 Detail]
Download: Oregon-2013-SB156-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2517
Senate Bill 156
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 Senate Interim Committee on
Rules)
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.
Requires campaign finance statement to be filed within two
calendar days if contribution equaling or exceeding $1,000 is
received during 14-day period immediately preceding election.
Adjusts other filing deadlines for campaign finance statements.
Becomes operative September 19, 2013.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to campaign finance reporting; creating new provisions;
amending ORS 260.057 and 260.118; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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 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.
{ + (2) Except as otherwise provided in 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. + }
{ - (2)(a) - } { + (3)(a) Except as provided in subsection
(4) of this section, + }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 - } { + 14 + }
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. - }
{ + (b) 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
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) of this section not later
than the 28th calendar day before the date of the primary or
general election.
(4)(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 of contributions received not later than two
calendar days after a contribution is received if the
contribution equals or exceeds $1,000. This paragraph applies to
contributions received:
(A) During the period beginning on the 14th 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 14th calendar day before
the date of any general election and ending on the date of the
general election.
(b) If the candidate or political committee receives a
contribution that equals or exceeds $1,000 prior to the 14th
calendar day before the date of the primary or general election
and the candidate or political committee has not filed a
statement of the contribution under subsection (3) of this
section by the 15th calendar day before the date of the primary
or general election, the candidate or political committee shall
file a statement of the contribution received not later than the
12th 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 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. The period may not extend beyond:
(a) Fourteen calendar days after a contribution is received or
an expenditure is made; and
(b) Two calendar days after a contribution is received, if the
contribution equals or exceeds $1,000. + }
{ - (5) - } { + (6) + } 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.
{ - (6)(a) - } { + (7)(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, 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) - } { + (8)(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) - } { + (9) + } 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 2. 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
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 - } { + 14 + } 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 - }
{ + 14 + } 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.
(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 - } { + 28th + } calendar day before
the date that is four months before a general election, or the
{ - 35th - } { + 28th + } 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 3. { + The amendments to ORS 260.057 and 260.118 by
sections 1 and 2 of this 2013 Act become operative on September
19, 2013. + }
SECTION 4. { + (1) The amendments to ORS 260.057 and 260.118
by sections 1 and 2 of this 2013 Act apply to contributions
received or expenditures made on or after September 19, 2013.
(2) The Secretary of State may take any action before the
operative date specified in section 3 of this 2013 Act that is
necessary to enable the secretary to exercise, on and after the
operative date specified in section 3 of this 2013 Act, all of
the duties, functions and powers conferred upon the secretary by
the amendments to ORS 260.057 and 260.118 by sections 1 and 2 of
this 2013 Act. + }
SECTION 5. { + 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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